HomeMy WebLinkAboutContract 26334 CITY SEC
CON R CTENO Y b 3 314
CONSENT AGREEMENT
STATE OF TEXAS 5
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 -AxE ecus
acting herein by and through its duly authorized Qfk'/e-r,0e
4f&mNoc.cy �i�tc3ii»6Nf
' T
hereinafter referred to as "Grantee" .
W I T N E S S E T H
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:
f,NTRAnrCd S16N A-WP fN CL,v,-6.c,• 1VEO1Ri✓ ®F CL1Wc3 P/Z
�'Lur3 ZA;l �'XrA 47-7 �c°h►+�11 r��z•4t�/®fV f�,.
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
AVI- referred to Exhibit "A" .
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 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
Dollars ($
• ,pN GILINME
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 -� 1Q� ` UQ�
any other public purpose, including but not being l ,l ��
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 coLot
lr._f U: �c,0P0and the exclusive right to control the details of its opEY
and all persons performing same, and shall be solely repia
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,
t
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 .
iFRIN yu
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 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 co tag,0-4z
herein shall include coverage of all of Grantee's c ntractors--.114k
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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. l
EXECUTED this 31Z_ day of ["��c./
CITY OF ORT WO T , GRANTOR �° �s-je¢ GRANTEE
c j
By: By:
ke Gr mer, Wse City Manager
AT ST:
6
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City Secretar,lapy l '3 --tv l; - 3 'uFFICC,� ' CGQD
APPROVED AS TO FO =ANDLEGALITY:
Contract Author/i�zation (C:jj �r,M
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City t rney Date
Date: /0 / O d
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 o Fort
Worth, and in the capacity therein stated.
G� DER MY HAND AAL OF OFFICE this day of
Notary Public irylond for
the State of Te
SAR
NOAH JANe®D�
ARY pUSL
Of State re
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority , a Notary Public in and
f then Sta t A Texas on this day personally appeared
11ornz�r _- ,r known 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 purpose and coider-
ation therein expressed, as the act and deed of _ fe511j 4w T
and in the capacity therein stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this C7 day of
1c)TJC� .
JUANITA JOYCE JEFFERSON
Notary PubliC Not y Public n a d o r
State ofTexas the State of Texas
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ACORDti CERTIFICATE OF LIABILITY INSURANCE °ATS
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MAGUIRE INSURANCE AGENCY OF TEXAS, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
I2775 VILLA CREEK DRIVE, SUITE 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8E'
DALLAS, TEXAS 75234
i INSURERS AFFORDING COVERAGE
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GUIDELINES FOR
PLACEMENT OF SUBDIVISION MARKERS
IN PUBLIC RIGHT—OF—WAY
CITY OF FORT WORTH
A. GENED�,
1. All marker proposals are subject to review to assure that they
possess no safety problem and to assure that they will not reduce
traffic or maintenance efficiency. These policy guidelines in
no way imply that the City is obligated to approve subdivision
marker proposals.
2. Applicants for marker placement must own or legally represent the
ownership of property on both sides of the subject street and
must own or legally represent a subdivision which is logically
entered into on the subject street and which encompasses an area
of at least 100 acres.
3. The entity making request for markers is responsible for all
maintenance and repair associated with such maLrkers and must
submit an affidavit to that effect. Should such entity fail
to perform adequate maintenance or should such entity dissolve
their legal existence, the City can take whatever action is
necessary to cause the entity to perform maintenance and repair
or the City may require that markers be removed or City may
have markers removed.
4. If at any time markers must be removed to facilitate street expan-
sion, turning lanes, alternative forms of transportation, inter-
section changes or other work determined to be necessary for the
health, safety or welfare of the general citizens, then the City
can have such markers removed and will be under no obligation to
pay for such markers or relocate such markers.
B. PROCEDURES FOR REQUESTING CITY COUNCIL APPROVAL OF SUBDIVISION
MARKER ENCROACHMENT
1. Owner (or his representative) submits requests to Department of
Development. Four sets of design and construction drawings shall
be submitted to the City Development Department for review and
approval. In addition to construction details, such drawings
shall show specific location in reference to surrounding streets
and intersections. An application fee as prescribed by the
Building Code, must accompany such requests.
2. Department of Development notifies utility companies and affected
City Departments of the proposed installation. The recipients
have ten (10) working days to respond to the proposal.
IIIE V"',Eel
Fii, WOO HIHO r
3. After the ten days have passed, the Encroachment Committee meets,
reviews the comments, discusses potential problems, and votes to
%approve or disapprove the application.
4. If the application is disapproved, the owner is notified and given
the reason for disapproval.
5. Should the Encroachment Committee recommend approval, the application
is forwarded to the City Council.
6. If the application is approved by the City Council, the owner is
notified and the Consent Agreement is circulated for approval and
signature. An insurance certificate must accompany the agreement
as proof that the applicant 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. The amount of such
insurance coverage shall be determined by the City.
C. PHYSICAL CHARACTERISTICS
1. Subdivision markers shall be of a size and scale compatible with
the surrounding environment.
2. Subdivision markers shall only include subdivision name, and a
simple subdivision logo.
3. Markers should be constructed of solid, durable materials designed
to have a 30+ year life with no maintenance. Masonry materials
such as cut stone, brick, reinforced concrete are recommended.
Markers of wood, metal, plastic are discouraged, and will normally
not be approved. Markers should be solid stone:, solid reinforced
concrete, solid brick walls, and shall not be open core walls or
other types of construction that would be subject to deterioration.
4. The subdivision name and /or logo must be permanently and solidly
attached or imprinted into the marker.
5. The size, color, shape, and texture of marker shall generally be
compatible and in good taste using commonly accepted good design
standards. Bright colors will generally not be acceptable. Earth
tone colors are recommended. Painted surfaces are not allowed.
Surface colors shall be the natural color of the material used.
6. Footings and foundations for markers shall be sufficient to avoid
any settling or other structural failure. Marker bases shall include
concrete mow strips at least 18" in width and flush with the finished
ground level to facilitate easy maintenance.
F1 WONT;
' g
D. LOCATION
The guidelines which follow are based upon the need to protect lateral
roadway clearances, high probability impact areas„ and intersection
sight distances.
1. The placement of subdivision markers in public: right-of-way must
comply with all safety design criteria contained in recognized
traffic manuals and be approved by the Director of Transportation
and Public Works. It is the responsibility of the applicant to
prove that his request meets this criteria.
2. The following sections describe, in general, where markers may be
placed and be in compliance with such safety criteria. There may
be instances where these generally described rules do not apply.
If the applicant can prove to the Department of Transportation
and Public Works Director that a marker can be placed in such a
manner and location that the motoring public can operate in a
safe environment, the Director can waive any specific criteria.
3. Subdivision markers shall be placed where they do not interfere
with the placement, maintenance, or operation of utilities or
storm drains.
4. Safe Lateral Roadway Clearances
a. Subdivision markers shall not be permitted within 6' laterally
of the face of the curb.
b. If there is no curb. Subdivision markers shall not be permitted
with 16' laterally of the edge of the pavement. This offset
will provide for the future widening of arterial; e.g. , a 10'
left-turn lane, and still maintain the 6' minimum clearance
standard after widening.
5. High Probability Impact Areas
a. Subdivision markers will not be permitted within 50' of the
end of the nose of a median.
b. Sub-Standard Design Curves:
In areas where the design speed of a horizontal curve of
the roadway through lanes is less than the desired design
speed of the remainder of the roadway, markers with massive
structures which can be hazardous when struck by an auto-
mobile shall be restricted from a point of 150' beyond the
point of a curvature (beginning of curve) to a point 150'
beyond the point of tangent (end of curve) . This is
illustrated on* Figure 1 attached hereto.
- 3 - UU �Q kECc0r�D
CITY UNTMaInY
6. Intersection Sight Distance
a. Uncontrolled Crossing Intersections:
Between 0' and 150' from the nose of a median no subdivision
marker shall be placed.
b. T-intersections or Crossing Intersections Under Control:
1. For approaches controlled by stop signs or traffic signals,
no subdivision marker shall be placed in the median of the
controlled street between 0' and 50' from the nose of the
median.
2. For approaches controlled partially or totally by yield
signs, no subdivision marker shall be placed in the median
of the yield-controlled approach in such a way as to
encroach upon a triangle formed by the following points:
(1) the point of potential collision of the through vehicle
and the yield-controlled vehicle; (2) a point 130' from
Point 1 back along the controlled approach; and (3) a
point back from Point 1 along the uncontrolled approach a
distance equal to the safe stopping distance of the
vehicle assuming it is travelling at the roadway design
speed and has a 1.5 second perception-reaction time. In
no case shall the setback from the nose of the median be
less than 50' .
3. For approaches for the intersection which may not be
controlled, the marker shall be (1) located between 50'
and 75' from the nose of the median, and (2) not more
than 15' in height, 12' in length, and 5' in depth.
DD /� GRANTEE
AGREED TO BY (signature)
Name (Printed) & Title (printed) ANtA�a0�0
4 -
;257 pnr�
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for, the State o Texas , on this day personally appeared
(\a4- .� 6-onvv'A ( 7::Z� , known to me to be the person whose
name is subscribed to tthe foregoing instrument , and acknowledged
to me that he/she executed the same for the purpos s any c nsider-
ation therein expressed, as the act and deed of _ fes��
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
cti C�:ULA
*"° JUANITA JOYCE JEFFERSON
Notary Public N O a r y P u'b l i 1 a r
State or Texas the State of Texas
11Zk"12F�+ Comm. Expires 06.28-2003
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Looking North on Boat Club Road
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City of Fort Worth, Texas
4vagor andcommunicaa
Couni"R
DATE REFERENCE NUMBER LOG NAME PAGE
10/17/00 C-18307 06SIGN 1 of 1
SUBJECT ENCROACHMENT IN RIGHT-OF-WAY- MONUMENT SIGN IN GOLF CLUB DRIVE AT
BOAT CLUB ROAD '
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard Consent
Agreement with the Lake Country Property Owners Association authorizing use of the right-of-way for
the installation of a subdivision marker (sign).
DISCUSSION:
Mr. Bernard Connolly, President of the Lake Country Property Owners Association is proposing to
install a subdivision marker (sign) on the median of Golf Club Drive at the intersection of Boat Club
Road. The purpose of the sign is to clearly identify the entrance to Lake Country Estates. The
Association has executed the standard consent agreement and also signed the Subdivision Marker
Guidelines agreement.
The Encroachment Committee has reviewed the application and is recommending approval.
IF FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:j
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
OCT 17 2000
Bob Riley 8901 (from)
Additional Information Contact: City Semv ary of the
City of Fort Worth.Wxas
Bob Riley 8901