HomeMy WebLinkAboutContract 29028 0i-25-03 P03 : 17 IN
CONSENT AGREEMENT CITU RECRETARY a9Q
CGty-I o;f;C 1 NO.
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 Count, Texas, acting herein by and through its
duly authorized City Manager or duly designated Assistant City Manager, hereinafter
referred to as the "City"), and CRESCENT REAL ESTATE FUNDING I, L.P., a
Delaware limited partnership (herein "CRESCENT"), acting herein by and through its
duly authorized General Partner, herein after referred to as "Grantee".
RECITALS:
WHEREAS, THE CITY OF FORT WORTH, TEXAS, a Texas home-rule
municipal c orporation (the "City") e ntered i nto an a greement (City S ecretary C ontract
No. 10609) entitled "Developer's Contract and Agreement", dated September 7, 1979,
with HUNT INVESTMENT CORPORATION, a Delaware corporation ("HIC"), as
amended by Instrument entitled "First Amendment to Developer's Contract and
Agreement" dated December 27, 1979, between the City and HIC, as further amended by
Instrument entitled "Second Amendment to Developer's Contract and Agreement" dated
April 2 0, 1980 b etween t he C ity and H UNT HOTEL/FORT W ORTH, LTD., a Texas
limited partnership ("Hunt Hotel"), the right, titles and interests of HIC under such
agreement, as amended having been assigned by HIC to, and the obligations of HIC
thereunder having been assumed by Hunt Hotel, such agreement as amended being herein
referred to as the "Developer's Contract";
WHEREAS, CRESCENT succeeded to the interests and assumed the obligations
of Hunt Hotel as to that certain sky bridge referred to in the Developer's Contract as the
"Commerce Street Bridge" which provides elevated pedestrian sky bridge access between
the Tower Site (now known as Carter Burgess Plaza) and the parking garage constructed
across the street and to the south on the Big Tex Garage Site;
WHEREAS, CRESCENT desires to add approximately 50 square feet of air rights
to the Commerce Street Bridge to accommodate handicap access from the Big Tex
Garage elevators to the sky bridge;
WITNESSETH
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 above the streets, sidewalks and other public right-of-way as shown
on the attached Exhibit A.
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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.
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 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".
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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 all costs of inspection and supervision which City has
incurred or might incur as a result of the construction or maintenance of the
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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 sum of
Ej��jl V�" f Dollars
7.
The initial term of this agraement shall be thirty (30) years, commencing
on the date this agreement is executed by the City of t=ort 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,the said portions
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of the streets, alleys, sidewalks and other rights-of-way 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 electricity, or any other public purpose, whether presently contemplated or
not, then this agreement shall be automatically canceled or terminated.
10.
Grantee understands and agrees that the granting of any encroachment
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.
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,
5
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, contractor, 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.
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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.
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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 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. r�
EXECUTED this 1 "day of , 2003.
CITY OF FORT WORTH, GRANTOR CRESCENT REAL ESTATE FUNDING I,
n L.P., GRANTEE
By: / C '�I,C� te-r By: CRE Management I Corp.,
Reid Rector, Asst. City Manager a Delaware corporation,
its gener a r
ATT T: By:
City Sec tary
APPRO TO FORM AND LEGALITY
City Attorney
contract AuthorizatiOn
� J�03
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
20 �.
ROSELLA BARNES
fin:
= NOTARY PUBLIC
{*� '* State of Texas Notary Public in and for the
fP: State of Texas
Comm. Exp.03-31-2005
9
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STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Nteary Public in and for the State of
Texas, on this day personally appeared -a�, --o. 1J( �h S , known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, as the act and deed of Crescent Real Estate Equities Limited Partnership and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I�-ay of ,
2003.
No ublic in and for the
State of Texas
CRESCENT REAL ESTATE project # 981098
ELEVATION d a t e 23MAY02 efC
OC O P Y R I G H T 2003
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CRESCENT REAL ESTATE project # 981098
FLOOR PLAN d a t e 23MAY02 • ' '
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OC O P Y R I G H T 2002
ENCROACHMENT AREA-89 5QUARE FEET OF NEW CON5TRUCTION
��•, =ENCROACHMENT
PROP05ED 5'-0`OPENING
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REMOVE EXI TING GLAZING
LOBBY + 625.62'
SKYBRIDGE I NEW 5TOREFRONT
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FLOOR PLAN
SCALE: 1 /8" = 1 '-0"
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CRESCENT REAL ESTATE project # 981098
ELEVATION d a t e 23MAY02
O C O P Y R I G H T 2003
Ex Ex I
GLAZING LEGEND
OS SPANDREL PANEL
V 1 V15ION PANEL _ LEVEL "F"
NOTE: GLAZING UNITS TO MATCH EXISTING
LEVEL "E"
TOP OF ADDITION
OO EL. 636.73'
LEVEL "D" (IN PKNG GARAGE)
EL. 630.20'
SKYBRIDGE FINISHED FLOOR
EL. 625.50'
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LEVEL "C"
EL. 620.875'
LEVEL "B"
EL. 611.55'
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----- - LEVEL ..A..
EL. 601.75'
PARKING GARAGE DATUM 100'-0" = 601.25'
5D ELEVATION LOOKING NORTH
SCALE: 1/8" = 1'-0"
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TH(S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MCORIFF, SEIBEL9 & HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
WILLIAMS OF TEXAS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6949 SHERRY LANE SUITE 1300 COMPANIES AFFORDING COVERAGE
DALLAS TX 75225-5532 COMPANY
(4891 232-2100 A -ST. PAUL FIRE AND YARINE
11,151.1111613 COMPANY
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Fort North, TX 76102-5825 COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE UST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDINQANYREOUIREMENT,TERMORCONDITICNOFANYCONTRACTOR OTHER DOCUMEENTWITHRESP ECT TO WHICH THIS
CERTIFICATE MAY BE 10OUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IC BUaJECT TO ALL T145 TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
C0 TYPE or INSVIIANCG POLICYNtJNacR POLICY 1"ECTIYE POLICY EXPIRATION
LTR DATE(MMMONY) DATE(MMIDDIYY) LIMrr°
A CSNCRALUARLITY CK➢9104393 11/01/02 11101/03 GENERAL AGGREGATE
2,000,000
X COMMERCIAL GENERALLIABIL17Y PRODUCTS-COMP/OP AGO b
2,000,000
CLAIMS MADE: X] OCCUR PERSONAL A ADV INJURY t 1,000,000
OWNER'S 5 CONTRACTOR'S PROT EACH OCCURRENCE d 1 000 000
FIRE DAMAGE(Any one lire) $ 1 000,004
�MEM EXP (Any one person) s 1 000
A AUTOMOO LS LIA21LITY CK05104332 11/01/02 11/01/03
COMBINED SINGLE LIMIT b
A X ANY AUTO CK0910dda301 11/01/02 11101/03 1,000 ODD
ALL OWNED AUTOS BODILY INJURY s
SCMEOULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
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NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE ;
OARAOeLIAISILITY AUTO ONLY •EA ACCIDENT'I
ANY AUTO 07MER 1'd,1,N AUTO ONLY: :' 'i` 'i ;•'>"'
EACM ACCIDENT f
AGGREGATE S
RX0199 LIASLrTY EACH OCCURRENCE S
UMBRELLA FORM AQQREOATE S
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EMPLOYENS'LIA&LITY
EL EACH ACCIDENT Is 1 000 000
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PARTNERS/CXECUTIVE 1,000 000
OFFICERS ARE; EXCL 10. DISEASE-EA EMPLOYEE S 1,000,000
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SHOULD ANY ek THE ABOVS 092CRISED POLICIES H6 CANCELLED 9EFOR1 THE
City of Fort Werth SXPIRATION DATE THCRSOR, TNC 199UINQ COMPANY WILL fxDEAVOR TO MAIL
1000 ThrockmArtOn 30 DAYS WRITT[N NOTICE TO THB CERTIPIOATt NOLOER NAMED TO TNG LGFT,
Fart Korth, TX 75102 BUT FAILURE TO MAIL SUGH NOTICE SHALL IMPOSE NO OSI.I%ATIoK OR L1AMUTY
O•F ANY KIND UPON THS COMPANY, ITS AQENTS OR REPRE3ENYATIVE9.
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CERTIFICATE: 030/001/ 00558