HomeMy WebLinkAboutContract 31556 CITY SECRETAM
CONTRACT NO.
CONSENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
Whereas, Wiswe,ef2 F; Oauw GVS, L-P. is the owner of certain real
(property owner)
property described as Lor 3, $L,o�l -0Tbr.V bleACC )4cmM81244A— A-PPITtOIJ
(legal description of property)
an addition to the City of Fort Worth, Tarrant County, Texas.
Whereas, the City of Fort Worth own a VAJZ 48LL? khC7 4 utility easement along the
(width of easement) CABt�T
said easement being filed of record in A
(location of easement relative to the property)
�St.�OE page82l5 , Deed Records, Tarrant County, Texas.
Whereas, I?A5 iabER.T;:V-6t 4 6VS,Ltodesires to construct a retaining wall on the
(property owner)
limits of the utility easement; and
Whereas, the City of Fort Worth is amenable to said construction.
Now, therefore, the City of Fort Worth, hereinafter referred to as Grantor, and
Kastozo- �fi 1l�o►tG/S�LP , hereinafter referred to as Grantee, agree as follows:
(property owner)
1.
o�
For and in consideration of the payment of$ and other good and valuable
consideration, the receipt of which is hereby acknowledged Grantor hereby grants to Grantee
permission to encroach upon, use and occupy a portion of the Grantor's utility easement located
wjn4so Lora, ibwc-e-1ST M OcxJLaw+�c-92c*an addition to the City of Fort Worth.
(location of easement relative to the property)
2.
All construction, maintenance and operation in connection with such encroachment, use
and occupancy shall be performed in strict compliance with the Charter, Ordinance and Codes of
Grantor and in accordance with the directions of the Director of the Water Department of Grantor,
or his duly authorized representative. All plans and specifications therefore shall be subject to the
prior written approval of the Director or his duly authorized representative, such approval shall not
relieve Grantee of responsibility and liability for concept, design and computation in the
preparation of such plans and specifications.
3.
Grantor 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
for any other public purpose. In this regard, Grantor shall bear no responsibility or liability for
damage or disruption of improvements installed by Grantee or its successors, but Grantor will
make reasonable efforts to minimize such damage.
4.
Grantee agrees that upon request of Grantor, and within 30 days from the date of such
request, to relocate the 9w'rns.J'.s4 �d4 kaway from the easement and to restore the
(encroach structure)
easement to its original condition all at the sole cost and expense of Grantee
and P—VA
(indemnitor)
5.
Grantee convenants 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 Grantor; that Grantee shall have exclusive control of and the persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between Grantor and Grantee.
6.
Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless
and defend Grantor, its officers, agents, servants, and employees, from and against any and all
claims or suits for property damage or loss, whether real or asserted, arising out of or in
connection with the construction, maintenance, occupancy, use, existence of said encroachment
and uses as granted hereunder, and Grantee hereby assumes all liability and responsibility for
such claims or suits. Grantee and 1-31A shall likewise
(indemnitor)
assume all liability and responsibility and shall indemnify Grantor 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.
7.
Grantee covenants and agrees that it will not assign all or any of its rights, privileges or
duties under this contract without the written approval of Grantor, and any attempted assignment
without such written approval should be void.
8.
This agreement shall be binding upon the parties hereto, their successors and assigns.
EXECUTED this day of Fo5R-oA4z-r #9-29cxS—
GRANTOR GRANTEE
CITY OF FO RTH w��s�.�.n FT "S LP
4BY: BY:
Marc A. Ott
APP O D TO F DEMNITOR
G C
ASSISTANT CITY ATTORNEY
BY:
Date
NO M&C REQUIRED
A -rE&T.
CONTRACT AUTHORIZATION
CITY SECRETARY
3-
Date\t-vs-
Date
01064* 1 END
FT, WORTH, TEX.
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 .Si O—A'e& qU 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 day of
P P
......--.-- .-►-- -•ti N Public in and for the State of Tex s
4.!i JANE ELLEN LINDLEY
p
f • • Imary P011C.State of Tarp
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