HomeMy WebLinkAboutContract 30050 CITY SECRETARY
CON TRACT NO. Z
AMENDED AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND OSTEOPATHIC MEDICAL CENTER OF TEXAS
CONCERNING CONSTRUCTION AND MAINTENANCE
OF STREET BARRICADES/FENCES
This Amended Agreement is made as of the; �day ofTU^J lF , 2004, by the
City of Fort Worth, Texas ("City") and the Osteopathic Medical Center of Texas ("OMCT").
WHEREAS, OMCT maintains a campus generally within the area bounded by Clarke
Avenue on the south, West 7th Street on the north and Montgomery Street on the east;
WHEREAS, prior to 1999, the western boundary of the OMCT campus was Haskell
Street;
WHEREAS, on March 11, 1999 (G-12498), the City Council approved an amendment to
the Arlington Heights Sector Plan to reflect a proposed expansion of the OMCT campus west of
Haskell Street to approximately midblock between Haskell Street and Dorothy Lane;
WHEREAS, also on March 11, 1999 (Z-98-177 and SP-98-34), the City Council
approved OMCT's zoning request for a planned development district for a medical master
planned campus and a site plan for Phase I of the construction, consisting of construction of a
65,000-square foot facility, vacation of portions of Haskell Street, Bertrose Avenue, and Bunting
Avenue, reconfiguration of existing parking and construction of new surface parking;
WHEREAS, OMCT does not currently own all the land west of Haskell Street to
midblock between Haskell and Dorothy Lane (Bertrose Avenue), which is currently considered
the ultimate western boundary of its campus;
WHEREAS, the planned development district conditions reflect OMCT will ultimately
construct a 5-foot to 6-foot garden wall and/or wrought iron fence/wood fence along the western
boundary of the campus as properties are acquired and that an interim 6-foot screen fence may be
constructed along the interim western property line until the campus reaches the western limit
between Haskell Street and Dorothy Lane;
WHEREAS, on February 18, 2003 (M & C G-13883), the City Council adopted
Resolution No. 2920 authorizing the Director of Transportation and Public Works to provide for
temporary closure of Mattison Avenue and Modlin Avenue and two alleys in the 3700 blocks
between Haskell Street and Dorothy Lane at locations determined by the Director to be advisable
during the interim period until the OMCT campus is extended to its ultimate western boundary;
WHEREAS, OMCT acquiesces in the desire of City and the North H-11--
Neighborhood
i=Neighborhood Association for the closure of Mattison Avenue and Modlin �#Uc,gq(V
of one or more screening fences along the current western boundary of th ?n
f
Mattison Avenue and Modlin Avenue in order to provide a continuous boundary between the
North Hi-Mount neighborhood and the campus;
WHEREAS, OMCT and City entered into an agreement concerning the location,
construction and maintenance of barricades and fences as of October 30, 2003 (the "2003
Agreement");
WHEREAS, OMCT and City wish to enter into this Amended Agreement, which
supersedes the 2003 Agreement;
NOW, THEREFORE, OMCT and City agree as follows:
1. Construction of fences/barricades. City will erect fences/barricades in the
3700 blocks of Mattison Avenue and Modlin Avenue, between Haskell Street
and Dorothy Lane, within 30 days after execution of this Agreement. The
fences/barricades will be constructed on public right-of-way and private
property at the locations described in Paragraphs 2 and 3, in order to maintain
a continuous barrier between the OMCT campus and the North Hi-Mount
neighborhood. The fences/barricades will be constructed of wrought iron as
shown in Exhibit A. As reflected in Resolution No. 2920 adopted on February
18, 2003, City reserves the right to reopen such streets by City Council
resolution.
2. Location of fences/barricade across Mattison Avenue. The fence/barricade
across Mattison Avenue shall begin on property owned by Dr. John Thomas
O'Shea at 3712 Mattison Avenue, continue across Mattison Avenue and
connect to the extension of the existing fence in the OMCT parking lot, as
shown on Exhibit B. OMCT consents to connection of the fence to the
existing fence in the OMCT parking lot and to City's entry on OMCT property
to install the fence or to take any other action necessary to carry out the terms
of this Agreement.
3. Location of fences/barricade across Modlin Avenue. The fence/barricade
across Modlin Avenue shall be constructed on property owned by OMCT at
3704/3706 Modlin Avenue and continue across Modlin Avenue and on
property owned by Greater Associated Partners at 3705 Modlin Avenue, as
shown on Exhibit C.
4. Payment of costs for construction of fences/barricades. City will insure all
fences/barricades are installed as shown on Exhibits A, B and C. Upon
completion of the fences/barricades, City will provide an itemized statement of
all costs of construction to OMCT. OMCT shall reimburse City for all costs
of labor and material for construction of the fences/barricades, up to a
maximum amount of $10,000, within 30 days after receipt of the invoice.
OMCT shall have no obligation to build, nor an , 9-pay—&I any
temporary fences, other than those described in P agTaph 1 at the locations
2
shown in Paragraphs 2, 3 and 5, except as required by ZC-98-177 or SP-98-
034 should OMCT elect to pursue development pursuant to ZC-98-177 and/or
SP-98-034.
5. Option to move Modlin fences/barricade. OMCT prefers construction of the
fences/barricade across Modlin Avenue on property at 3708 Modlin Avenue
owned by the Tom McAdams Trust and property at 3709 Modlin Avenue
owned by OMCT, as shown on Exhibit C as the "Alternative Location". If
OMCT is successful in obtaining consent by the Tom McAdams Trust to
construct a fence on the property at 3708 Modlin Avenue and consent of the
owner of the property at 3709 Modlin Avenue, if other than OMCT, in form and
substance satisfactory to City, City will move the fence and barricades at
OMCT expense.
6. Maintenance. City will repair and maintain all portions of the fences/barricades
constructed on public right-of-way, as necessary, at City's cost. OMCT will
repair and maintain all portions of the fences/barricades constructed on private
property, as necessary, at OMCT's cost. If OMCT fails to perform repair or
maintenance work within 15 days after receiving a written request from City,
City may perform the repair or maintenance and bill the OMCT. OMCT shall
pay the invoice within 15 days after receipt.
7. No effect on duty to construct wall on western boundary. Construction of the
fences and barricades pursuant to this Agreement will not affect OMCT's
obligation to construct a 5-foot to 6-foot garden wall and/or wrought iron
fence/wood fence, together with landscaping and other requirements, on the
western boundary of the campus in accordance with Ordinance No. 13731
relating to Z-98-177 or in accordance with any site plan requirements. At
OMCT's election, OMCT may remove all temporary fencing at its sole expense
following the completion of the construction of the permanent fence on the
western boundary of the campus.
8. Closure of alleys. City reserves the right to close alleys between Mattison
Avenue and Modlin Avenue in accordance with Resolution 2920 should the
Director of Transportation and Public Works determine closure to be advisable.
9. Addresses for notices. All notices, invoices or other communications required
or permitted by this Agreement shall be in writing and shall be sent by (i)
telecopy, with the original delivered by hand; (ii) hand delivery, or (iii) certified
mail, postage prepaid, return receipt requested, and addressed to the parties at
the following addresses:
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
3
Attn: Reid Rector, Assistant City Manager
Fax: (817) 871-6134
Osteopathic Medical Center of Texas
1000 Montgomery St.
Fort Worth, TX 76107
Attn: Justin E. Doheny, CHE, Interim Chief Executive Officer
Fax: (817) 732-5343
Either party may make changes in the information set out above by sending
notice to the other party using one of the methods described above.
10. Execution of additional documents. OMCT and City agree to execute any
additional documents required to carry out the intent of this Agreement.
11. Execution of Agreements by Dr. John Thomas O'Shea and Greater Associated
Partners, The City may terminate this Agreement and construct the barricades
and fences on City-owned property if agreements consenting to construction of
fences on property located by 3712 Mattison Avenue and 3705 Modlin Avenue
are not executed by Dr. John Thomas O'Shea and Greater Associated Partners,
respectively, in form and substance satisfactory to City within 10 days after
execution of this Agreement.
12. Binding on successors and assigns. This Agreement is binding on City, OMCT
and their successors and assigns.
CITY OF FORT WORTH, ATTESTED 6V
a Texas municipal corporation
Reid Rector,
Assistant City Manager
OSTEOPATHIC MEDICAL CENTER OF TEXAS Contract Au hori zatiox
a 0 C; S
Date
By: Al
us 4n en-y, CHE
4rim Chief Executive OfficerIj
n
4
APPROVED AS TO FORM AND
LEGALITY
By: �� -
MArcella Olson, Deputy City Attorney
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City of Fort Worth, Texas
Mayorand Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/18/03 **G-13883 REVISED 06CP-98-007 1 of 2
SUBJECT STREET AND ALLEY CLOSURES: PORTIONS OF 3700 BLOCK OF MATTISON
AVENUE AND MODLIN AVENUE, PORTION OF AN ALLEY BETWEEN LOTS 4 TO 13,
BLOCK 4 AND AN ALLEY BETWEEN LOTS 10 TO 13, BLOCK 2, WEST HIGHLANDS
ADDITION, FORT WORTH, TEXAS (CP-98-007)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the Director of
Transportation and Public Works to close portions of the 3700 Blocks of Mattison Avenue and Modlin
Avenue and portions of two alleys west of Haskell Street between Lots 10 through 13, Block 2, and Lots
4 through 13, Block 4, West Highland Addition.
DISCUSSION:
Osteopathic Medical Center of Texas (OMCT), in conformance with approved development
requirements, has requested closure of the above-referenced streets and alleys in connection with
expansion of OMCT facilities to allow construction of a fence on the western boundary of the OMCT
campus. The proposed street and alley closures are a temporary procedure until all adjacent property
is acquired by the hospital. Upon acquisition, by OMCT of all property adjoining the streets, OMCT will
request that the subject streets and alleys be vacated and incorporated into the hospital campus.
OMCT has previously submitted development applications to the Plan Commission, Zoning
Commission and City Council reflecting closure and/or vacation of Modlin Avenue and Mattison
Avenue, consistent with the attached resolution.
The City Plan Commission approved a concept plan for the OMCT and in principle approved the
vacation of streets within the hospital campus on January 27, 1999.
The City Council approved OMCT's request for Planned Development zoning on March 11, 1999, by
Ordinance No. 13731, Case No. Z-98-177. Exhibits 2, 3 and 4 to the Planned Development zoning
ordinance, which were submitted by OMCT, reflect construction of_a fence along the western boundary
of the OMCT campus and closure of Modlin Avenue and Mattison Avenue consistent with the attached
resolution.
This resolution would authorize the Director of Transportation and Public Works to close the streets at
interim locations.
Reviewing City departments and public utility companies have raised no objections to this request.
This request is located in COUNCIL DISTRICT 7.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/18/03 **G-13883 REVISED 06CP-98-007 2 of 2
SUBJECT STREET AND ALLEY CLOSURES: PORTIONS OF 3700 BLOCK OF MATTISON
AVENUE AND MODLIN AVENUE, PORTION OF AN ALLEY BETWEEN LOTS 4 TO 13,
BLOCK AND AN ALLEY BETWEEN LOTS 10 TO 13, BLOCK 2, WEST HIGHLANDS
ADDITION, FORT WORTH, TEXAS (CP-98-007)
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 2/18/03
RES. #2920
Additional Information Contact:
Craig Eaton 6226