HomeMy WebLinkAboutContract 30320 CONSENT AGREEMENT CITY SECRETARY
CONTRACT NO. 30?,
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of
Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by
and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Sundance Square, A Texas
General Partnership, BY: Sid R. Bass, Inc., Thru Line Inc., Lee M. Bass, Inc.,
Its -general partners acting herein by and through its duly authorized Vice
President of each corporation, W. Robert Cotham, hereinafter referred to as
"Grantee".
WITNESSETH:
1.
For and in consideration of the payment by grantee of the application
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 streets, alleys, sidewalks and other public rights-of-way asf follows:
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The location and description of said encroachment is more particularly described
in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all
purposes.
2.
All construction, maintenance and operation irf connection with such
encroachment, use and occupancy shall be performed in strict compliance with
the Charter, Ordinances and Codes of the 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 thereof 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 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, alleys,
sidewalks and other public rights-of-way involved, except as described herein
and shown on the hereinabove referred to Exhibit "A".
4.
Grantee, at no expense to the City, shall make proper provisions 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 subdivisions. In the event that any installation, reinstallation,
relocation or repair of any existing or future utility or improvements owned by,
constructed by or on behalf of the public or at public expense is made more
costly by virtue of the construction, maintenance -or existence 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 the City, or his duly authorized representative.
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 liability 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 ail 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 agreement, Grantee agrees to pay
to City at the time this agreement is executed an application charge in the su�m,pf
OCD
Dollars
7.
The initial term of this agreement shall be thirty (30) years, commencing
on the date this agreement is executed by the City of Fort Worth.
8.
Upon termination of this agreement for any reason whatsoever, Grantee
shall, at the option of City and at no expense to City, restore the public right-of-
way 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.
9.
It is further understood and agreed upon between the parties hereto that
the City streets, alleys, sidewalks and other public rights-of-way, including the
portions of such streets, alleys, sidewalks and other public rights-of-way to be
used and encroached upon as described herein, are held by City as trustee for
the public; that City exercises 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 he-said portions
4
he streets, alleys, sidewalks and other rights-of-way to be used for any other
)lic purpose, including but not being limited to underground, surface or
�rhead communication, drainage, sanitary sewerage, transmission of natural
or electricity, or any other public purpose, whether presently contemplated or
then this agreement shall be automatically canceled or terminated.
10.
Grantee understands and agrees that the granting of any encroachment
sunder is not meant to convey to Grantee any right to use or occupy property
,hich a third party may have an interest, and Grantee-agrees that it will obtain
iecassary permission before occupying such property.
11 .
Grantee agrees to comply fully with all applicable federal, state and local
statutes, ordinances, codes or regulations in connection with the
it Aructicn, operation and maintenance of said encroachments and uses.
e 12.
e Grantee agrees to pay promptly when due all fees, taxes or rentals
)r ided for by this agreement or by any federal, state or local statute, law or
,n cation.
id 13.
1e Grantee covenants and agrees that it shall operate hereunder as an
1e )endent contractor as to all rights and privileges granted hereunder and not
M n officer, agent, servant or employee of City; that Grantee shall have
is sive control of and the exclusive right to control the details of its operations,
e
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors,
subcontractors, 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, 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 or
character, whether real or asserted, arising out of or in connection with, directly
or indirectly, 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 the 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 officers, agents,
servants, employees, contractors, subcontractors, licensees, invitees, or
trespassers.
6
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming City
as certificate holder, as proof that it has secured and paid for a policy of 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
Bodily injury, per person - $250,000
Bodily injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee shall so revise
such amounts immediately following notice to Grantee of such requirement.
Such insurance policy shall provide that it cannot be canceled or amended
without at least ten (10) days prior written notice to the Building Official of the City
of Fort Worth. A copy of such Certificate of Insurance is attached as attached as
Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of the execution of this agreement_
Grantee agrees, binds and obligates itself, its successors and assigns, to
maintain and keep in force such public liability insurance at all times during the
term of this agreement and until the removal of all encroachments and the
cleaning and restoration of the city streets. All insurance coverage required
herein shall include coverage of all Grantee's contractors.
16.
Grantee agrees to deposit with the 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 the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of City,
and any attempted assignment without such prior written approval shall be void.
19.
This agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this / T day of 20 WSJ
CITY OF FORT WORTH, GRANTOR ,GRANTEE
By: / l ,d I C By:
Reid Rector, Asst. City Manager
A ST_ APPR D TO F ND LEGALITY
1
fifz{ t ity Secretaryi Att mey
contract Authorization ~'s
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Reid Rector, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, as the act and deed of the City of Fort Worth,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �day of
/L� 2�✓ 20
=OSPPY ROSELLA BARNES
NOTARY PUBLIC Nctary Public in and for the
9r'Y r f; state of Texas
`•' of Comm. Exp. 03-31-2005 State of Texas
9
ECT
BRENDA E. NORMANSTATE OF TEXAS § NOTARY PUBLICSTATE OF TEXASMy Comm Exp 08-10-2004
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Nota�Public in and for the
State of Texas, on this day personally appeared W ,` 1���� Cot�na ,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, as the act and deed of
cs e.�✓aX and in the capacity therein
stated.6 s
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /�l day of
2047
d�
Notary Public in and for the
State of Texas
1.0
(�LAY OUT ALL WORK AS SHOWN ON DRAWINGS. NOTIFY ARCHITECT OF to DRY ROT TO BE REPAIRED - THIS AREA.
ANY DISCREPANCIES IMMEDIATELY AND DO NOT PROCEED WITH
CONSTRUCTION UNTIL DISCREPANCIES ARE RESOLVED. a NEW DOOR TO HAVE TEMPERED GLASS, NEW BRASS DOOR CLOSER,
DCONTACT BUILDING OWNER PRIOR TO ANY WORK RELATED TO BUILDING ZO PROVIDE PANIC HARDWARE FOR EXISTING DOOR AND NEW DOOR.
SYSTEM OR SECURITY DEVICES.
OALL NEW DOOR HARDWARE TO MATCH EXISTING.
OPREP, REPAIR k REPAINT WOOD DOOR AND FRAME
O9 REMOVE/ RECONSTRUCT WINDOW FRAME TO ACCOMMODATE NEW
BRASSPLATE, CARD READER/ CALL BUTTON.
t0 PREP, REPAINT EXTERIOR WOOD AS NOTED ON DRAWINGS.
REMOVE EXISTING BRICK SIDEWALK AS REOUIRED FOR NEW HC
ItC �-
COMPLIANT RAMP, NEW RAMP TO BE BRICK TO MATCH EXISTING. SECOND STREET
INDICATES 1
t0
REPAINT OF
� I
EPAIM \l' INDICATES
EXTENT OF I7 _ � I AREA OF WORK
REPAINT N
OEXISTING DOOR.
THRESHOLD h
FRAME 10 REMAIN _
ONEW WOOD DOOR
1 1 NEW COMPLIANT
BRONZE THRESHOLD
14 I
PROPERTY UNEI l_-___ �-_-______-_
1 M 1:12 MAX .
NEW CARD READER/ o
CALL BUTTON G t.l M I\\ �� , \^`
5•-0• v �,�J V @��Sfff VICINITY ITY PLAN
CALLLOCAI .
o m
v BUILT-UP BRICK SIDEWALK, 11
o LEVEL
o �
w 02/A01•
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BUILT-UP BRICK RAMP
1:12 MAX SLOPE 11
I
a
FLOOR PLAN
is
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303 Main St. r03
MODIFY EXISTING WINDOW -g
Plaza Hotel TO ACCOMMODATE NEW
CARDREADER/ CALL "dd
BUTTON _0
i
(Entrance NEW RONZE PLATE W/ _
,)NEW
CALL -'
BUTTON1121
NOTE: ALL DIMENSIONS TO BE
FI ELDVERIFIED PRIOR TO 18
CONSTRUCTION/ MANUFACTURING NEW WOOD DOOR (TO MATCH
EXISTING). PTO
BRASS KICKPtATE ON INTERIOR SIDE
HC ELEVATION SDEWALKLIANT(BRICKK) BUILT-UP
0,
�A�' , ALL NEW HARDWARE (CLOSER,
PULLS !t LOCKS) TO MATCH EXISTING.
ISTBJG.
MOUNT AT COMPLIANT HT (MAX 18•AFF)
RPR, 17'03 09:05 FR TO 98173355992 P.03iO3
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services of Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
301 Commerce Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 2101 ALTER THE COVERAGE AFFORDED BY TNE POLIOW-8 BELOW.
Fort Worth TX 76102 COMPANIES AFFORDING COVERAGE
COMPANY
PHONE-(817)810-4000 FAX- (8 17)339-2019 A ACE American Insurance Company
INSURED COMPANY
Sundance,Square 5
420 Throckmorton,Suite 950 COMPANY
Fort Worth TX 76102 USA C
COMPANY
+ A4!6 in •, ?.a"'r .;1j.z.,:{4,,' Mp„ 7177 iar”r„h 7rry"
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED•NOTVATHiSTANDING ANY REOVIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W4"THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER61N IS SUBJECT TO ALL THE TEF445.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM.
TYPE OF INSURANCEPNITMBER PMCY I;PPECTIVE POLICY EXPMT)O lD S
L OLICY DAT2 0thMD/YY) DATT"I/DOXY)
A GW&2RALLtAB1UTY HDOG20579323 04101!03 04!01104 GENERALAGGREGATE 51510001000
X COMMERCuV_GENERAL LLABILITY PRODUCTS-COa1P/OP AGO 52,000,000
CLAM8MADE Q OCCUR PERSOtM&ADV INJURY 52.000,000
OWNER'S a CONTRACTORS PILOT EACH OCCURRENCE $2.000,000
FdM DAMAGE(Ary aro Sas) 52,000.000
RED EXP(Anv oro amson)
AVTOMOea.E UAmuT"'I
COMBINED SINGLE LIMTT
ANY AUTO
ALL OWNED AUTOS 800ILY INJURY
SCHEDULED AUTOS (P-P°`eOf)
PIPED AUTOS BODILY INJURY
NON-O"SD AUTOS (P« )
rlPROPERTY DAJ LUM
GARA09 LIARRM AUTO ONLY-EA ACC)OENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH A.CCtOENT
AGGRE4GAT
EXCM L1ABRITY EACH 0CCUlIra4M
UMURELLA I=ORM AGGREGATE
OTHER THAN U ISRELLA FORM
nT)a_ ]^
WOWER'SCOMPIUMT10NAND
yvC$TATL� :?...�:.:i.. . .
911PLOYBt"UARO TY EL EACH ACC VIENT
THE PROPRETOR/ INCL EL DLSEAS'i-POi)CY LIMA'
PARTNERS*XECVTfVE
OFFICERS ARE: HEXCL
EL DISEASE-EAEWtOY1U
DESMPTTON OF OPERAT)ONS/LOCATKM&n( dCLE3(8rWAL"EMS
Encroachment permit for 303 Main Street, Tort Worth, TX
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SHOULD ANY OF THE ABOVE DESCRMEO POLICIES BE CANCELLED BEFORE THE
City of Fort Worth EXPWAT1ON DATE THEREOF,THE ISSUING COMPANY WR.L ENDEAVOR TO MAIL
1000 T hrockmorton 30 DAY$WRITTEN NOTICE TO THE CERTIFICATE HOLDER HAN CO TO THE LEFT,
Fort Worth TX 76102 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL MPOW NO OeL*AT" OR LIABILITY
OF ANY KIND UPON TWE COMPANY. n'S A.CEMS OR REPRESINTATNES.
AUTHORIZED REPRFSENTATTVE
- :r:�gf.'i.'i� -Y.-_ ..1, .�::.%i±is f CH;i.(>•ti'.--dl': ,I'.3;.
:�AOOEtDf •�J- r - n.' 7 itir�,w r ``pheIr � - i:. ...1
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Cer"Cate No: 570005622391 Hotdar Identiiier-
*W TOTRL PAGE.003
City of Fort Worth, Texas
"agor And council com-munic n i
DATE REFERENCE NUMBER LOG NAME PAGE
6/24/03 **C-19624 06PLAZA DOOR 1 of 1
SUBJECT ENCROACHMENT IN RIGHT-OF-WAY: DOOR FOR 303 MAIN STREET AT THE
PLAZA HOTEL BUILDING
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement
with Sundance Square, A Texas General Partnership, authorizing use of the right-of-way for a door
swing into the sidewalk area at 303 Main Street.
DISCUSSION:
W. Robert Cotham, Vice President of Sid R. Bass, Inc., Thru Line, Inc., and Lee M. Bass, Inc., is
requesting use of the right-of-way for a door swing at 303 Main Street. A new door in being installed at
the Plaza Hotel entrance in order to meet handicapped provisions of the Americans with Disabilities
Act. In addition to the door, a ramp will be incorporated into the sidewalk in order to accommodate
wheelchair accessibility.
The Encroachment Committee reviewed this request and recommended approval provided the door be
installed in accordance with conditions of Case Number 03-85 of the Construction Board.
The Downtown Design Review Board reviewed this'request and a Certificate of Appropriateness was
issued on February 6, 2003.
The proposed encroachment is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
RR:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Originating Department Head:
Bob Riley 8901 (from) APPROVED 06/24/03
Additional Information Contact:
Bob Riley 8901