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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 �� YU 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 a e City Secretar,lapy l '3 --tv l; - 3 'uFFICC,� ' CGQD APPROVED AS TO FO =ANDLEGALITY: Contract Author/i�zation (C:jj �r,M I1 / 7- 0v IfU� �� � FYSIf - 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 C® x IC ►hm. Exp. 01. RD '�►U�0'�9ad���i��°fipl 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 ' os Comm. Expires 06-28-2003 ` It 0,CIA OIST C L.LJ B ROAD. I: �► �L 11 rn CO �� • • • oil m Z n _ vim� 1 r , r � - z� C�" m L?_ r s a � s `G € W o ¢ o 0 N ' T y � a r � r E3 Z � OD 'aON CM bo PLI v4 .N Z " W u Q N b�� � W 0 0 e o N JN(CI,iklco � � o N coo OD 01! ._ '1L.17.2000 2:51PM PHLY INSURANCE NO.456 P.2/2 ACORDti CERTIFICATE OF LIABILITY INSURANCE °ATS C7,' h"'_+ ►RODUCER 5erial+: A1037 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 INS:RED LAKE COUNTRY PROPERTYOWNERS ASSOCIATION NSLRCRA. PHI'.ADELPHIA INDEMNITY •nSURANCE '_O INSUR=Rl. -"OR"WORT-(,TX 76'79 I*,SJS;:k r. nS..RE= NSURFR r COVERAGES _ 7H_:)ULIC:S 0= nS'JRAN'E L'ST=C BELOW HAVE SEEN ISSUED TC THt INS:hc0 vAVcD A6OVC I 0�'rE^JL C�°CR'OJ InC CA-ED `CT:1IT11;1 ANY REOJIRCfAZNT TERFA OR CO\DITION OF ANY CCNTRAC- OR OTI-ER DOEM-\- WITh RESPECT TO '::I-;C-( THIS C=RT=KATE AAY 3E I°3 h Ay PERTAA,THE INS:JRh\CE r►FFOROED BY THE POLIC:=_S DESCRIBE HEREIN,S SUBJ=C'-0 All'Hc TERMS EXCLUS ONS AND CONDI'IC'% "rr =C_ICIES.AGGREGATE.:MTS SHCWN MAY NAVE 3°EN REDUCED eY PAiD CLAI+:S. (NSR POUCY EFFECTIVE pOL'CY Exvll!FF�pTCN -TR TYPE OF INSURQtCE POLICY NUVISER DATE P�MX001YY1 CATE{ElllW5 r'YYI UNITS GENERAL LIAI)ILlTY EA;:i 3 A X C0jAk1cRC A.G=NERAL LIA3 LII' PHPG203102-I3 07-15-2000 07-15.2001 PRE CAW. Gz(A!,v:te,,c? s 50,4x0 C.A PAS t,IADE X JCCUr, 1>':C Ck^;A,:^c p:,;ani 5 RPIS CNAL d A;'V II;.J-(V c NFRA.ACCRE:;A Th 5 1.000,0co GEN L=:,GPFC.1TE.I!T A21t.•C51CK *RCC.,CTS•CC:4-11pl AC(; 5 3,OMI,OdU PO.ICY JccT LUC AUT06103ILE LIABIUTY $Ar.:r:.n'' 'Aw L%YAL;T* tL:rcCvm: •. AL:O:."t.6)AU-CS 3UU'I Y sCHEObLE:AUTOS ;I'r rr•.o -117:C AJTGS 30C l e t\JLK• NO',DINNED A�A 09 ;rc•:cc wl; PgC'CRT-DAMA(iL .+..�� LARAGE LABILITY A•,1U JN.�'•'�A..,.OCh7 An"AU-0 =A A^_:: c C'4�ti'MAN AU-C U\LY AGC EXCESS LIABILITY =BCH 0CZ:..R?ENC: y CGCJG C-AIJS MADE Acc:;F.G&-F 5 OCJ„CTT-E 5 RE-CIN-014 r WORKENS COVPFASATtOh AAO t.•+•• 7""�'vTF' FYFLCYERS LIABILITY "O`cr=� Es; - _. n S=&c:.C?.CVOLZMT: OT4E% C L CI�� rrp pr• - _ DESCRIPTION CF CR14RAT10V$(LOCATIONS-VEI•NCLESICXCLUS1014S AOOcO BY E400RSE•:E\T;S;,�CIA- PROv'SICVs LA VA&V CERTIFICATE HOLDER ADDITIOKAL INSUREO;INSURER LETTER: CANCELLATION SHOULDANYCATHEABOVEOESCRIUF-:FO -C'FSDC CA\CE:_E�ilE�O4C' ! :• CITY OF FORT(NORTH °ATE THEREOF,'I+C ISSUING IASJI EI'M.1LL EVCEAVOR'C raAIL 1L' NOTICE.TO'HF.CERT 'FICA'E`10LDER NAMEO TC THS LFr' ELT FXLLFE'C' i (:ROSE n0 ONV5A-(0N OR LIA01LITY Or ANY KINC)U•0N 'HE It.4*Cc= 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 - 5 - FY. RX 1,1 o �L 'o _ W Q Q W Q _0 W 1-- w O < Q LU a } _ t: ct o Q) 0 J W a n~. w ZZ m cc O Y Q a Q m T ir- O V o a FO 2 = > � o PEW ilk 0 UP = m 'o �o O a Z` O r Q7� ti Looking North on Boat Club Road R :4 TT ' _ ir Y -- #'r White Dot>approximate placement of sign ` 116 1 Looking West on Boat Club Road " a s Q Looking So utn on Soat Club Road f . s 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 F 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