HomeMy WebLinkAboutContract 33682 07706/2006 09:06 8173928115 DEV CUST SERV MAIN PAGE 02110
CITY SECRETARY
CONSENT AGREEM'FKT CONTRACT NO. X 19
(HOMEOWNER)
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEWNT 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
_ Marvin Waltz hereinafter referred to as "Grantee".
VJ�TNESSETH:
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:
Stone retaining wall and.fence alerj.,g-thq NW_26!'Street side and a stopp and portion of a garage a artrnent
facing the side street of Me �41ekU Street.____The_progerty is addressed as 3300 NW 261h Street.The
location and description of said encroachment is more particularly described in Exhibit "A", attached
h.•ereto,in.•corporated 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 Dwector of Transportation and Public Works,or his duly
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authorized representative,but such approvalshall 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. Tn 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.
S.
City may enter and utilize the referenced areas at any time for the purpose of i.nstal.iing or
maintaining.improvemgnts 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 minitnize
such damage.
6.
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Tn order to defray all costs of inspection and supervision which City has incurred oT 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 undred.thirty-five and of 1P-dAmJ50,QU
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 ofCity
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.
Tt is further understood and agreed upon between the parties hereto that the City streets, alleys,
sidewalks and other public fights-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 germ 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_
10.
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07106/2006 09:06 8173928115 DEV CUST SERV MAIN PAGE 05110
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.h.ereunder 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 sante, 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, CONTRAC'T'ORS, 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.
15.
07lb6l2006 09:06 8173928115 DEV CUST SERV MAIN PAGE 07/10
Grantee agrees to furnish City with a Certificate of insurance,naming City as certificate holder,as
proof that it bas 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 $500,000
with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward
at City's option and.that Grantee shall so revise such amounts immediately following notice to Grantee of
such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at
least ten(10)days prior written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit "13". Grantee agrees to submit a similar.
Certificate of Insurance annually to City on the anniversary date of the execution of this agreement.
Grantee agrees,binds and obligates itself,its successors and assigns,to maintain and keep in force
such public liability insurance at all times during the term of this agreement and until the removal of all
encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein
shall include coverage of all Grantee's contractors.
16.
Grantee agrees to deposit with the City when this agreement is executed a sufficient sum of money
to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of
Tarrant County,Texas. After being recorded,the original shall be returned to the City Secretary of the City
of Port worth,Texas
17.
In any action brought by the City for the enforcement of the obligations of Grantee, City shall be
entitled to recover interest and reasonable attorney's fees.
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1$.
Gmtee 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 ind.ing upon the parties hereto,their successors and assigns.
EXECUTED this Iffd'ay of �,20 �
CITY QF T WORTH,GRANTOR MARVIN WALTZ, GRANTEE
By: z By:
Dale Fisseler, sst. City Manager
-7Ivl&(-.
ATTEST: APPKOV AST FORM EGALITX
i.ty cretary �/ 'ty AttomiV
=NOM&CREQUIRED
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 Bob Riley,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 UNDER MY HAND AND SEAL OF OFFICE this 10 day of
20 Ob.
Notary Public in nd fo the
State of Texas
vp ONE E. ERMIS
spy,.
Notary
Commission ExpPublicState Ofi ems
October 29,2009
q\7
07/06/2006 09:06 8173928115 DEV CUST SERV MAIN PAGE 10110
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the dersi ed au�thQQr��}',a No Public in and for the State of Texas,on this day
personally appeared vv I� Wil t ,(mown to me to be the person whose
name is subscribed to the fo agoing in.stroment,and acknowledged to me that he/she executed the same for
the purposes and considerad .therein expressed,as the acct and deed of
and in the capacity ftrein��stated.
GIVEN UNDER MY.HAND AND SEAL OF OFFJCE this. "day of
zt� )n
Notary Public in and for the
State ,—- -
R, G. NAREZ
Notary Public,State of Texas
My Commission Expires
; ;:�'� September 10, 2009
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05/U/2006 15:37 FAX 617 665 9324 DUBOSE & ASSOCIATES 2 002
ite.-5/9/2006 Timet 3117 PM To: DUBOSE i ASSOCIATES 4 918x79979184 MSCS.At115 Page, 002.009
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MYRON STEVES Fgelof2
Quote{slued 055/09/2006
Insurance solutions
Premium: $600.00
t=eas $200.00
INSURED:Restoration Pry eerYles Surplus Tax $38.80
2662 Policy Dates: 05/09/2006. 05/09/2007 Stamping Fee: $0.80
TO'DuBose&ASSoCiates APP#:APP84311115 TOTAL AMOUNT: $839.60
ATTN:Kathy Dickens QUOTATION
Fax:817-877-9184 IUM ABOVE IS MINIMUM&DEPOSIT
From:Thelma Vincent,CIC,CISR Minimum Eamad:25,00%
Company:The Burlington Insurance Company A.M.Best Rating of A- Commission:1D.00%
General Liability
Coverage Limits Deductibles Premium
General Aggregate $500.000 $600,00
Prods/Completed Operation Included Included
Each Occurrence $500.000
Personal&Advertising In $500,000
Fire Legal Liability $100,000
Medical Payments $5,000
Premium for this Risk is Based upon the Following
$3012 Dwellings-three femlly(lessors risk only)/each-1
Subject to the Following
Signed Acord Application
Smoke Detectors
inspection
Signed Terrorism Form
Signed Supplemental Application
***Comments***
Limited Terrorism Coverage Is available for an additional premium of 100.00 plus applicable surplus line
tax and stamping fee.
Schedule of Farms and Endorsements
BG-G004[07/01/04]Excl•Lead-bearing Sub
5G-G-007[02/01/05]Excl-Asbestos,Silica Dust,Toxic Substance
BG-G-039[04/01192]Amendment of Premium Conditions
BG-G042[02/01/03]Excl-Assault&Battery
BG-G-064[02/01/03]Contractual Llab Amendmen
BG-G-371 102/01/031 Excl-Const or Demo,&Prem,Lot or Ops Not Decl
SC—C-445[02/01)03]Amend-Section I Insuring Agreement
13G-1015[08/01/001
25°�Min Earn Prem
CG 00 O1 [10/01/01]Comm'I General Liability Coverage Form
CG Do 62[12/01/02]War r9cclu5ian
CG 00 67[03101/05]Exclusion-violation of Status
GG 21 47(07/01/96]Employ-Related Practices
CG 21 49[09/01/99]Total Pollution Exch'
GG 2167[04/01/02]Fungi or Bectierla Excluslon
CG 2173[12/01/02]Excl-Tterrorism
IFG-G•0002-DL[05/01103)Commercial GL Declarations 1
IFG-Cr0060(04/01/05]Aircraft.Auto,Watercraft Exclusion _ 1• I i t
IPG-G-0062[02/01/03)Personal&Adv Injury Redefined ( b
HOUSTON::OALLAS::SAN ANTONIO::AUSnN www.myronsteves.com
05/09/2006 TUE 15:25 [TI/RX NO 90951 9 002
05/09/2006 15:38 FAX 817 665 9324 DUBOSE & ASSOCIATES
Z003
leer-5/9/2006 Times 3x17 PX Tac DUBOSE G ASSOCIATES @ 918178779184 MSCEANI5 Pages uuJ-uue
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YYR O N STEV GS Page 2of2
Quote Issued
05/09/2006
Insurance solutions
INSURED:Re nratton Pro en rues
2562 Policy pates: 05/0=006- 05/09/2007
To:DuBose&Associates APPA:APP84311115
ATTN'Kathy Dickens QUOTATION
Fax:817-877-9184 (Continued from page 1)
Prom:Thelma Vincent,CIG,CISR
Company:The Surlington Insurance Company A.M.Best Rating ofA-
Schedule of Forms and Endorsements
IFG-1.0002[03/01/04]Policy Jacket
IFC-1--Ml[02101/04]Common Policy Declarations
IFG-1-0150[03101103]Listing of Porms and Endorsements
IFG-1.0402[11/01/00]Service of Suit
IFC-1-0406[11101/00)Surplus ones insurance-TX
IL 00 03107/01/02)Calculation of Premium
1 IL 00 17[11/01/98]Common Policy Conditions
IL 00 21 [07101102)Nuclear Energy Exclusion
NTP-1-TX[05101/92]Important Notice
End or Schedule of Forms and Endorsements
Coverage/Tarms This quotation valid only If admitted coverage Is unavailable,
May not be the same or as broad as you requested- Please review carefully.
Due to current market conditions,this quote is subject to change,
IF RISK IS LOCATED IN THE FIRST TIER AREA,WINDSTORM,HURRICANE AND NAIL ARE EXCLUDSD ON ALL COVERAGES.
The insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus
line coverage pursuant to the Texas insurance statutes.The Texas Department of Insurance does not audit the finances or
review the solvency of the surplus lines insurer providing this coverage and this insurer is not a member of the property and
casualty insurance guaranty association created under Article 21.28-C, Insurance Code, requires payment of 4.85%tax on
gross premium,
Your Thelma Vincent,GIG,CISR tvincent8(_,rmyronsteves.cam
iContact: P_0,BOX 4479 Phuna:(713)639-6392
Houston,TX 7721 0-44 79 Fax: {713)639-6340
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HOUSTON :DALLAS::SAN ANTONIO"AUSTIN www.myr*nsteves.corn
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05/09/2006 TUE 15:25 (TI/RX NO 90951 0003