HomeMy WebLinkAboutContract 26079 CITY SECRETARY
CONTRACT NO.
CONSENT AGREEMENT
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 Squarer a Texas gPnpral
partnership
acting herein by and through its duly authorized general partners
hereinafter referred to as "Grantee" .
1.
For and in consideration of the payment by Grantee of the
application charge set out below and the true and faithful per-
formance 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 as follows.. Grantee has
permission for the doors to the front entrance of Grantee's to-be-constructed
premises to encroach upon that portion of the West Third Street sidewalk more
particularly described and shown on Exhibit "A" attached o.
UeLS09
The location and description of said encroachment is more particu-
larly described in Exhibit "A" , attached hereto, incorporated
herein and made a part hereof for all purposes .
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 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 therefor shall be
subject to the prior written approval of the Director of
Transportation and Public Works, or his duly authorized represen-
tative, but such approval shall not relieve Grantee of responsi-
bility 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, 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 City, shall snake ]arppesr;pApk10i n
for the relocation and/or installation of any existing or future
.utilities affected by such encroachment u s e a n d occupancy ,
including the securing of approval and consent from the utility
companies and the appropriate agencies of the State and its polit-
ical subdivisions . ' In the event that any installation, reinstal-
lation, 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 con-
struction, 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 representa-
tive.
5 .
City may enter and utilize the referenced areas at any time
for the purpose of installing or maintaining improvements neces-
sary for the health, safety and welfare of the public or for any
other public purpose. In this regard, City shall bear no respon-
sibility or liability for damage or disruption of improvements
installed by Grantee or its successors, but City will make reason-
able 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 con-
struction 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 sum of
Three Hundred and No/100------------ Dollars 300.00
FYI, Ynu) '?M_ W"'
7 .
The initial term of this agreement shall be thirty ( 30)
years, commencing on the date this agreement is executed.
8.
Upon the termination of this agreement for any reason what-
soever, 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 repre-
sentative, and in accordance with then existing City specifica-
tions .
9 .
It is further understood and agreed 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 of the streets,
alleys', sidewalks and other public rights-of-ways -to—be_._ for
any other public purpose, including but not h o
0
fGWt
underground; surface or overhead communication, drainage, sani-
tary sewerage, transmission of natural gas .or electricity, 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
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,
and all persons performing same, and shall be solely respons'
for the acts and omissions of its officers, agents, 'servan`�
Y G M
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 connec-
tion 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
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 connec-
tion with any and all acts or omissions of Grantee, its officers,
agents, servants, employees, contractors, subcontractors, licen-
sees, invitees, or trespassers .
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 followings
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 cancelled 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 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, CQM82-1rdge rermired
herein shall include coverage of all of Grantee's contractorJt1�/)Q
'�,�u L C'L•slt;IsiYi�l�Ai 1�
K,�
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.
Grantee covenants and agrees that it will not assign all or
any of its rights, privileges or duties under this contract with-
out the prior written approval of City, and any attempted assign-
ment without such prior written approval shall be void.
19 .
This agreement shall be binding upon the parties hereto,
their successors and assigns.
EXECUTED thi .744, day ofrlL 200Q_.
CITYF FOR OR H, GRANTOR SUNDANCE SQUARE , GRANTEE
By: By: Its General Partners
Mike Gr Omer Asst. City Manager Sid R. WBa ,
A T% Thru L
Downtof' d Realty, Inc. , and
Lee M.
C ty secret ry '�-a(�-�Q
By:
APPROVED S TO 7FD LEGALITY: W. Robert Cotham, Vice President
of each named corporation
n4& M u.[AEP
(�'�• Cit Attorne
City UffliG0k [E(900 C"Mtra't Authorization
Date: y.�n.� r } l�wri�
(2 '�'. ; r pew 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
Mike Groomer , 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 consider-
ation 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 2001day of
^& PATRICIA A. GARCIA ,
NOTARY PUBUC otary Publi,�c in and for
a State of Texas the State of Texas
Comm. Exp.03-31-20C
4
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 W. Robert Cotham, Vice President of each of Sid R. Bass, Inc.,
Thru Line Inc., Downtown Diversified Realty, Inc., and Lee M. Bass, Inc., 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
Sundance Square, a Texas general partnership, and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this.-)? " day of
2000. ✓
1 w.
ANN LOREY
R` NOTARY PUBLIC Notary Pub is in and for the St` e of Texas
STATE OF TEXAS
My Comm. Exp.9-15-2002
415959-1
`Y! r^U li I�Ip u Eo
EXHIBIT "A"
TO THE CONSENT AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
SUNDANCESQUARE
Pursuant to the Agreement, the City has granted Grantee permission for the doors to the
front entrance of Grantee's to-be-constructed premises to encroach upon that portion of the West
Third Street sidewalk located in front of the Old City National Bank Building, which is located
at 120 West Third Street, Fort Worth, Texas, 76102, on Block 42 to City Addition to the City of
Fort Worth, as more particularly shown on the attached diagram:
415959-1 r M5:,- c � �
...r.._ ....1.......;
_. ,.._L-�,._
PROPOSED LEASE -
SPACE
EXISTING BILLY
MINERS — — — o -:
PROPERTY
_ LINE
� O O
PROPOSED NEW
DOORS OVER
S p�AN SIDEWALK
! ' 0
1/8-1•-O•
1=1-] u uu
-KN
opo
I NOTE: THERE IS
Li NO OTHER
ENCROACHMENT
°' � � ❑ ❑ � OVER SIDEWALK
(DOOR LEAVES
0 ONLY)
PROPOSED NEW
SECTION C NEW DOORS OVER
STOREFRONT ELEVATION SIDEWALK - - -
:_ L
n v
NEW RETAIL SPACE FOR 500 + associates incorpora e
500 main street suite 1015
FLASH FOTO fort worth texas 76102
(817) 877-0691
120 W 3rd Street1Warchitecture • engineering . interiors
Fort Worth,Teas ; DATE: JOB No: DRAWN BY: SHEET No:
Nr C6.26.00 200010 OR I A2
N60°0'0'E 100'
H
�^ W h
z z
Q o
O
rn BILLY 11IINERS_� w
0 � RESTAURANT 0
o'
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U
S60°0'0"fes 100' ° °
W.THIRD STREET LEASE
AREA
BLOCK PLAN
(V lel�r CrL���`�5Wn1US u
cVEXrI''
NEW RETAIL SPACE FOR vidaud + associates incorporated
' 500main street suite 1015
FLASH FOTO fart Worth . texas 76102
(817) 877-0691
120 W 3rd Street architecture • engineering • interiors
Fort Worth, Texas
V� , DATE: JOB No: DRAWN BY: SHEET No:
6.26.00 200010 OR Al
JUL,-IF 00(TUE) 1 0 1 AON RISK SERVICES TEL:8173392019 P. 002
DATE jummmy,
: ACO
AD
7/11/00
THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Aon Rink Services of Tax" Inc HOLDER. THIS CERTIFICATE DOES NOT AMEM, EXTEND OR
301 Commerce Street, #2101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wortla, TX 76102 COMPANIES AFFORDING COVERAGE
COMPANY
817-810-4000 A pacific to era Ins. Co.
n8VIRIED COMAAftY
Sundance Square, —a
A Texas General Partnership COMPANY
512 Main Street C
Fort Worth, TX 76102 COMPANY
D
4
J.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 0l LOW HAV!MEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY RIOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 96 IMED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCET POUCV wurApfill POLICY EFFECTIVE POLICY EXPIRATION LTR DATE IMMIDDIVY) DATE(MMOD/VYI
GENERAL UAWLITY GEkEFAL AGO AGGATO * 15,000,000
A 4OWNER'5&CONTRACTOR'SPROT
OMMEACIAL GINVAL LIABILITY EDOO19896213 4/01/00 4/01/01 PitDoucTs-cc—op AG(3 6 2,000,000
CLAIMS MADE 7X OCCUR P EM50NAL&A13V INJURY s 2,000,0 0
EACH OCCURAINC; 4 2,000,000
FIRE OHMAGE W 0
MOP EXP(AAy one AvrzoN
AUTOMMULM LIABILITY I COMBINED FANCLLE LIMIT
ANY AUTO
ALL OWNEO AUTOS BODILY INJURY
SCHEDULED AUTOS
'Po'pwoor,
HIRED AUTOS BODILY INJURV
NON-OWNED AUTOS (Fet weidmo
HPrOPM7Y OAMAISr,
GARAGE LIABILITY i AUTO DMILY-FA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE 4
RKC"3 LIIAJIHUTY I EACH OCCURRENCE
UMBRELLA FORM I AGGREGATE
OTWER THAN UMBRELLA ELLA FOFIM
WORKERS COMPENSATION AND WC 6TA7U
&MPLOVSftIII'UIAMLffY Rylimh
EL EACH
ACCIDENT $
THE PROPRIETOR/ INCL EL
LDISEA POLICY LIMIT I
PARTNERSIMUCL]ITIVIZ -!E -
OFFICERS
,S;
OFFICERS ARE: EXCIL EL DISGA2R.(A EMPLOYEE
OTHER
DUCRWIDIN OF OPERATIONS11LOCATiONSINUMICLUISIPECIA11.ITEIIIM
Re: Consent Agroemant For Sidewalk Rneroachment for Flash Foto at
120 W. Third Street, Fort Worth, TX
4W
SHOULD ANY Or THE ABOVE DESCRIBED POLICIES 64 CANCELLED mrcom THE
City of Fort Worth EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL 6ALbrLAVOFi To MAIL
1000 Throckmortan I-Q_DAYS WRITTIM' NOTICE TO THE CENT/FICA-TE HOLDER NAMED TO THE LEFT,
Fort Worth, TX 76102 BUT FAILURE TO MAL SUCH NOTICE RKALL NP046 No OBLIGATION On Lmimrry
OF ANY VRP WON"'ECG ED H
TCOMP qcfff AGENTS OR REPRESE1111TATIVES-
%VD SCRTATIVEHE
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