HomeMy WebLinkAboutContract 18229 CONSENT AGREEMENT
STATE OF TEXAS S 1 1Y SECRETARY
COUNTY OF TARRANT S CONTRACT
THIS AGREEMENT is made and entered into by and between the City
of Fort Worth, a municipal corporation of Tarrant County, Texas, act-
ing herein by and through its duly authorized Assistant City Manager ,
David A. Ivory, hereinafter referred to as the "City" , and
B. C. Vintage Flying Machines
r
acting herein by and through its duly authorized
President , W. D. Hospers
hereinafter referred to as "Grantee" .
W I T N E S S E T H :
1 .
nd in consideration of the payment by Grantee of the appli-
cation charge set out below and the true and faithful performance of
the mutual covenants herein contained, City hereby grants to Grantee
permission to encroach upon, use and occupy portions of the space
under, on and/or above the public streets for the purposes as
described and located in Exhibit "A" attached hereto. Said Exhibit
"A" is incorporated herein by reference and is to be considered as a
part of this instrument.
2.
All construction, maintenance and operation in connection with
such encroachment , use, and occupancy shall be performed in strict
compliance with the Charter , Ordinances and Codes of City and in
accordance with the directions of the Director of Transportation and
Public Works of City, or his duly authorized representative. All
plans and specifications therefor shall be subject to the prior
written approval of the Director of Transportation and Public Works,
or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility and liability for concept, design
and computation in the preparation of such plans and specifications.
3.
Upon completion of construction and thereafter , there shall be
no encroachments in, under , on or above the surface area of the
streets and sidewalks involved, except as shown on Exhibit "A" .
4.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future
utilities affected by such encroachment, use and occupancy, including
the securing of approval and consent from the utility companies and
the appropriate agencies of the State and its political subdivi-
sions. In the event any installation, reinstallation, relocation or
repair of any existing or future utility or improvements owned or
constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction maintenance or exis-
tence of such encroachment and use, Grantee shall pay to City an
additional amount equal to such additional cost as determined by the
Director of Transportation and Public Works of City, or his duly
authorized representative.
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5.
City may enter and utilize the referenced areas at any time for
the purpose of installing or maintaining improvements necessary for
the health, safety and welfare of the public or for any other public
purpose. In this regard, City shall bear no responsibility or liabil-
ity for damage or disruption of improvements installed by Grantee or
its successors , but City will make reasonable efforts to minimize
such damage.
6.
In order to defray all costs of inspection and supervision which
City has incurred or might incur as a result of the construction or
maintenance of the encroachments and uses provided for by this agree-
ment, Grantee agrees to pay to City at the time this agreement is
executed an application charge in the sum of
Dollars ( $ ) .
7.
The initial term of this agreement shall be twenty-five (25)
years , commencing on the date this agreement is executed .
8.
Upon the termination of this agreement for any reason whatso-
ever, Grantee shall , at the option of City and at no expense to City,
restore the public streets and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public
Works or his duly authorized representative, and in accordance with
then existing City specifications.
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9.
It is further understood and agreed between the parties hereto
that the City streets and sidewalks, including the portions of such
streets and sidewalks to be used and encroached upon as described
herein are held by City as trustee for the public; that City exer-
cises such powers over the streets as have been delegated to it by
the Constitution of the State of Texas or by the Legislature ; and
that City cannot contract away its duty and its legislative power to
control the streets for the use and benefit of the public. It is
accordingly agreed that if the governing body of City, to wit, its
City Council , should at any time during the term hereof determine in
its sole discretion to use or cause or permit the said portions of
the streets to be used for any other public purpose, including but
not being limited to underground, surface or overhead communication,
drainage, sanitary sewerage, transmission of natural gas or electric-
ity, or any other public purpose whether presently contemplated or
not, then this agreement shall be automatically cancelled and
terminated.
10.
Grantee understands and agrees that the granting of any en-
croachment hereunder is not meant to convey to Grantee any right to
use or occupy property in which a third party may have an interest,
and Grantee agrees that it will obtain all necessary permission
before occupying such property.
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11 .
Grantee agrees to comply fully with all applicable federal ,
state and local laws , statutes, ordinances, codes or regulations in
connection with the construction, operation and maintenance of said
encroachments and uses.
12.
Grantee agrees to pay promptly when due all fees , taxes or
rentals provided for by this agreement or by any federal, state or
local statute, law or regulation .
13.
Grantee covenants and agrees that it shall operate hereunder as
an independent contractor as to all rights and privileges granted
hereunder and not as an officer, agent, servant or employee of City;
that Grantee shall have exclusive control of and the exclusive right
to control the details of its operations, and all persons performing
same, and shall be solely responsible for the acts and omissions of
its officers , agents, servants, employees, contractors, subcontrac-
tors, licensees and invitees; that the doctrine of respondeat
superior shall not apply as between City and Grantee, its officers,
agents, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or joint
enterprise between City and Grantee.
14.
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents,
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servants and employees , from and against any and all claims or suits
for property damage or loss and/or personal injury, including death ,
to any and all persons, of whatsoever kind of character , whether real
or asserted, arising out of or in connection with, directly or indi-
rectly, the construction, maintenance, occupancy, use, existence or
location of said encroachment and uses granted hereunder , whether or
not caused, in whole or in part, by alleged negligence of officers,
agents, servants , employees, contractors, subcontractors, licensees
or invitees of City; and Grantee hereby assumes all liability and
responsibility for such claims or suits. Grantee shall likewise
assume all liability and responsibility and shall indemnify City for
any and all injury or damage to City property, arising out of or in
connection with any and all acts or omissions of Grantee, its offi-
cers, agents, servants, employees, contractors, subcontractors,
licensees, invitees, or trespassers.
15.
Grantee agrees, binds and obligates itself and its successors to
maintain public liability insurance covering all public risks related
to the proposed use and occupancy of public property as located and
described in Exhibit "A" . The amounts of such insurance shall be not
less than the following :
Property damage, per occurrence $100,000
Personal injury or death, per occurrence $500,000
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with the understanding of and agreement by Grantee that such insur-
ance amounts shall be revised upward at City 's option and that
Grantee covenants and agrees to so revise such amounts within thirty
( 30) days following notice to Grantee of such requirement. Such
insurance policy shall provide that it cannot be cancelled or amended
without at least thirty ( 30) days prior written notice to City.
A copy of such certificate of insurance is attached hereto as
Exhibit "B" . Grantee agrees to submit a similar certificate of insur-
ance annually to City on the anniversary date of the execution of
this agreement.
16.
Grantee agrees to deposit with City when this agreement is
executed a sufficient sum of money to be used to pay necessary fees
to record this Consent Agreement in its entirety in the deed records
of Tarrant County, Texas. After being so recorded, the original
hereof shall be returned to the City Secretary of the City of Fort
Worth, Texas.
17.
In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover interest
and reasonable attorneys ' fees.
18.
This agreement shall be binding upon the parties hereto, their
successors and assigns.
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EXECUTED this &4— day of Z6�d'loe---
CITY OF FORT ORTH, GRANTOR B• C . Vintage Flying Machines GRANTEE
Ely: By:
Assista t City Manager
W. D. Hospers , President
ATTEST
-X3ot
City Secreygr?,/ N6tiiry Publft
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Contract tai 0.r'
Date:
Date
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RAMP AREA
MEACHAM FIELD
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==._CERTIFICATE_DF_INSURANCE / ==================�=====,_.'.= | ?/12/1990
---___-________-__-_-_--_---_--____-- `
~
:PRODUCER ' . ----------------
/ COMPANIES AFFORDING COVERAGE | ======|
| . = |COMPANY A: THE HOME INS. 0
|M1lrany Scott Ins. Agency | Policy 0 T BE DETERMINED / |
�3200 Riwerfront ` Ste. 101 / Eff . Date: 09/07/90 Exp . ~uta' 09/07/91 |
Xt . Worth , TX ��1�7-�511 / = |COMPAMY 81 ' ====== .'
;(817 )336-0505 Fax( 817)877-3702 | Policy d � ` == �
._______ '
� ------ ------------------ Eff , Date - / / Exp . aLa�
! INSURED ' '
. � = | C�MPANy C�
. ' . .
. . policy v '
\ B.C . VINTAGE FLYING MACHINES | Eff , Date: / / Exp . Date:
|
AND VINTAGE FLYING MUSEUM ' = 'C�MPANY D
. .
. P.O. BOX 820099 | Policy 4 : '
| FORT WORTH, TEXAS 76182 Eff. Date: / / Exp . Date:
THIS CERTIFICATE IS ISSUED AS INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERT . HOLDER. IT DOES HOT AMEND , EXTEND OR ALTER COVERAGE BY POLICIES HEREIN .
COVERAGES
This is to c:rLiFr that policies of insurance liuLed bel,w !',,Ave !Deun issued to
the insured named abnvc for th , policy po, jod
indicatcd , any raqui;amect . Larm or condition of any contract u
r ouhur dw'-w'^y:' with to which thic
oertifj �w j nav �° issued o, may parLui: thu inc:: forded by the pullc1e
a dnac�ibuW herein is subject tc all the Loimo '
exclusions and conditions of such
---------------------------- - --- --- - -- - -
| �o|
TYPE OF INSURANCE | Ail THOUSANDS '
------- ----------------- ------ -+-- -- _'- '
. .
. | GENERAL LIABILITY | $ 500 Combined oinglo limit |
|A Comm . General Liability | Bodily Tnjury and Property �
| | [XI Occurrence [ l Claims Made | Damage |
| | [ ]
Owners/Contractor Protective Bodily Injury ( per person ) |
Bodily Injury ( pe) accident ) |
DamaQo �
. .
| '
AUTOMOBILE LIABILITY | |
Any Auto Combined single limit |
(%'11 owned Auto'_ \ Bodily Injury and Property �
Da*ag� |
| | [ ] Hired Autos | |
Non-own"! Autos | $ Codllv InJury { por person ) �
| | [ ] Giarage, Liability \ $ Bodily InJur/ ( p,, acLidant }
* P1npartv DamaQc |
__-____-___-____-_--_____-_-_---_+-__'
. .
| | EXCES5 LIAGIL17v
Fur:/ �ogr�e�te )
Ctho� f h6: un t). �\��' � � �cl�-�nour�d r��unLion |
COMPENSATION | T Each Accldrnt |
� !
ANC, 1�nesww 7'di,/ Li:/it |
| | EMPLOYERS LIABILITY
. . . .
| | | $ |
-_----_-_--___---____---____- _-__-_-___ ----- ----------
|Deocription of operatlon:/luoations/vehiclma/other |
| COVERAGE IS OL&T LIABILITY ONLY . COVERAGE HAS AGGREGATE LIMIT OF |
| $5OO,0OO . |
. . . '
. -- . .ERTIFI:nrE nWLDFR --- ---- C n N CELLATzoN � ----------------'------- |
/ CITY OF FORT WORTH AVIATION DEPT . | I I cancwl led n` iu� ox;, -r�tion date , |
� MEACHAM TERMINAL BLDG ' #228 | issuing company will e:deavor tc send |
|
FORT WORTH, TEXAS 76106 | lO tten notice to cert . holder |
. / I-____-_____. � tr!-------------------------- --------'--- ucno/ ized [���°�0�1����v ------------
City of Fort , ex' as R
r R,
Mayor and Council Co
HA'R'K' RBVFINFA� RCF. SUB
REFERENCE R.O.W. ECRAC ENT IN VON PAGE .
1 ® STREET aF...._1........_.
RECOMMENDATION:
It is recommended that Council authorize the City Manager, or his designee,
to enter
n e r into a standard . consent agreement i t h B.C. i.
n ag g,J y i nq,
Machines; such a greement allowing the continuance o a bi`l d n ��e'ncroach i ng
in_ddn Street between 37th and 38th Streets.
BACKGROUND:
Dr. Bill and Cucie Hospers, owners of C Vintage Flying Machines adjacent
to Meacham Airport, have made application to the City of Fort Worth to con-
tinue the existence of long—standing encroachment in the public right—of-
way. The encroachment consists of a building addition to a hangar situate
on the east side of Von Street, between 37th and 38th streets. Although
the right—of—way is dedicated as a street, it has not historically been
used as a street. Von Street is adjacent to Meacham Airport. The building
addition and hangar building have been in place for approximately 50 and 60
years.
member of Encroachment Committee has made an on—site inspection of
the building and surrounding area. It appears that the continuance of e
encroachment will have no adverse effect on the street right—of—way.
G®c
06rowvon
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R,"o'ft°,��F S80r261=y rc the
MV of Fcal Worth, 1'exaff
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SUBMITTED FOR Brad
CITY MANAC ER�d'S DISPOSITION BY COUNCIL: PROCESSED BY
oFFiCE BY. Mike Groomer 6122 r-1 APPROVED
ORIGINATING ,..._ OTHER (DESCRIBE)
DEPARTMENT HEAD: Joe Bilardi 8901
8y caTY SECRETARY
FOR ADDITIONAL INFO 6TiC.SR�lardi 1
CONTACT: oCr3 DATE