HomeMy WebLinkAboutContract 33114 CITY SECRETARY
CONTRACT NO.
CONSENT AGREEMENT
(HOMEOWNER)
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 CAa U A v,- OS►n�
hereinafter referred to as"Grantee".
WITNESSETH:
1.
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 under, on and/or above the streets,
alleys, sidewalks and other public rights-of-way as follows:
6,%-9 4 �Oitni ?"fse.T! LANE Br- Lor 4. Sly ecr- 1�9,-,(Ag Pug,g- 16DDd
G� AL1,F(�th� RovJ PaL ��E 6�E�1kIdGc /.dC A1.o�1C� �i(5"r PRePE��
WAS Of Ler - 5L@C4d 1 . 9'(AJ ADD f a PC-Ae— '( 9.0 51DE
FEND • . 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.
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 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".
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 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
Five Hundred,thirty--five and no/100 Dollars ($535.00).
7.
The initial term of this agreement shall be thirty (30) years, commencing on the date this
agreement is executed by the City of Fort 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 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.
3
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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 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.
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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, CONTRACTORS, 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.
5
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.
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 recorded,the original shall be returned to the City Secretary of the City
of Fort Worth,Texas
17.
In any action brought by the City for the 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 Manager or designee. Any attempted
assignment without prior approval will be void.
19.
This agreement shall be- 'ndm* uon the paries hereto,their successors and assigns.
EXECUTED th'isCUday of10k ,2n-0
CITY OF FO WORTH RANTO CAN I A&1 •/�'W ,GRANTEE
By: y:
Dale Fisseler, Asst. Manager
ATTEST: APPRO D AS TO RM GALITY
City Secretary 4 Ci Attome
62Z
Contract Authorization
embD.Ar ,
7 f �T
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 Dale Fisseler,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 UNDFP MY HAND AND SEAL OF OFFICE this .day of
21)th
Notary Public in and for th
State of Texas
KATHY F.DURHAM
"E '= MY COMMISSION EXPIRES
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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 [�f0 I I ne. E. mos',ier— ,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
Q W flet tk of pQ(--fes ,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20C!.
--------------------
-, JOE D. TREVINO JR. ' 7Stga an o the
Notary Public
STATE OF TEXAS
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Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 11/1/2005
DATE: Tuesday, November 01, 2005
LOG NAME: 06MOSIER REFERENCE NO.: PZ-2631
SUBJECT:
Authorization to Enter into a Consent Agreement for an Eave Overhang and Fence Encroachment
with the Property Owner at 1600 Elizabeth Boulevard
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement with
Caroline Mosier, allowing an eave overhang and fence encroachment at 1600 Elizabeth Boulevard.
DISCUSSION:
Caroline Elizabeth Mosier is proposing that an eave overhang of approximately 30 inches be allowed into
the alleyway right-of-way. While the encroachment currently exists in the one story garage structure, the
proposal would allow for continued encroachment of the same 30 inches upon completion of an added
second story on the same footprint. Additionally, a 4 foot 9 inch fence and retaining wall encroachment is
being proposed. The rear yard side fence line of this corner lot would be moved toward Ryan Avenue to
match the existing fence lines along the sidewalk on Ryan Avenue. The Encroachment Committee has
reviewed both requests and is recommending approval.
The Board of Adjustment (BOA) approved a variance of the 5-foot rear yard setback for the garage.
Case No. B/A-05-306
The Historical and Cultural Landmarks Commission approved conditions of the additional second floor of
the garage. Case No. COA 05-69
The BOA approved a variance and a special exception associated with the fence. Case No. B/A-05-306
The encroachments are in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006