HomeMy WebLinkAboutContract 29475 CITY
CONTRACT NO Y�>L-n( / 765
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 r
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-ofd-way r as follows:
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
CITY
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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,
2 �j,� �U
Grantee agrees to pay to City at the time this agreement is executed an application charge in the sum
of rt",-7-hu �r 0����r �i i Dollars($'q6tT6D
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.
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.
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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.
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.
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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 FortWorth,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 binding upon the parties hereto, their successors and assigns.
EXECUTED this--,)— ^-day of 20 L?
CITY OF FORT WORTH,GRANTOR n�� � G
By: �ZzU J f f f5a-t l e- �^
Reid Rector,Asst. City Manager �r `
A T: APP ED S T AND LEGALITY
Ci Secreta �1 g51 ity A rney
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contract A.14thorization
Date
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 Reid Rector,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 -�'-ZA(-day of
20 .
Notary Public in and for the
rres�Y° ROSELLA BARNES
State of Texas
NOTARY PUBLIC
* F State of Texas
; P Comm. Exp. 03-31-2005
7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME the undersigned authority,a Notary Public,#dn fpr the State of Texas,on this day
personally appeare tt Yv12� (�, A- �,n� +Cy ylvi'l (bWme to be the person whose
name is subscribed to the foregoing instrume and acknowledged to me that/she executed the same for
the purposes and consid ration therein expressed,as the act and deed of ,� fes}„-, p -�'erC
Oil C�tV r Z Ve r��V and in the capacity there,
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this L?54day of
206)3.
1PpY MARY C.YEABOWER
o Notary Public and for the
T
STATE OF TEXAS
* * Notary Public State of Te: a
Ln oft My Comm.Exp.05/17/2006
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7817 ROMNEY ROAD
Being Lot Seven(7)in Block 102 of Hallmark Addition,an Addition to the City of Fort
Worth,Tarrant County,Texas according to the Plat thereof recorded in Volume 388-39,
Page 80 of the Plat Records of Tarrant County,Texas.
This drmving represents an actual on Ute ground smi,ey of the legall v described properly shmvn hereon,
other than meandering fences,there are no visible or apparent encroachments,protrusions or easements,
except as shown.
According to the Federal Insurance Rale Maps Don E.Gossett.R.P.L.S.
Dated 8-1-15 Community No. f<8oJ 9(0 1015 Yvonne Drive
Pancl No.O�his Property is "Or Joshua,Texas 76058
In a Flood Prone Area. i v r0AIe'x 817-295-0733
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7817 ROMNEY ROAD
Being Lot Seven(7)in Block 102 of Hallmark Addition, an Addition to the City of Fort
Worth,Tarrant County,Texas according to the Plat thereof recorded in Volume 388-39,
Page 80 of the Plat Records of Tarrant County,Texas.
This drawing represents an actual on the ground survey of the legally described proper•(y shown hereon,
other than meandering fences,there are no visible or apparent encroachments,protrusions or easements,
except as shown.
According to lthe Federal Insurance Rale Maps Don E.Gosset(.R.P.L.S.
Dated 8-1-15'Community No. fe8oS9G 1015 Yvonne Drive
Panel No.OAiS 11us Property is .vor Joshua,Texas 76058
In a Flood Prone Area. iw solve,x 817-295-0733
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ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD20Y)
09/06/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JAY STRICKLAND INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
62 6 DALWORTH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
GRAND PRAIRIE, TX 75050
972-264-1057 INSURERS AFFORDING COVERAGE MAIC-If
INSURED JAMES AND CONNIE ALLING INSURERA FARMERS INSURANCE GROUP
INSURER s. TEXAS SELECT LLOYDS
7 817 ROMNEY RD. INSURER C:
FORT WORTH, TX 76134 INSURER D:
254-364-2857 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Nsrt l POLICY EFFECTIVE POUCYEXPIRN
LTRMM TYPE OF INSURANCE POLICY NUMBER DATE MWDD DATE MM0 ATIOLIMITS
GENERAL LIABILITY EACH OCCURRENCE $300, 000
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $
CLAIMSMADE ❑OCCUR MED EXP(Any one person) $
B X PERSONAL LIAB TXS 0041575 12-20-03 12-20-03 PERSONAL B ADV INJURY $
ON HOME OWN ERS GENERAL AGGREGATE 000, 000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
X POLICY JEa
m LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANYAUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED ALTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EAACCIDENT $
ANYAUTO OTHER THAN EA ACC $
AUTOONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1, 000, 000
X OCCUR ❑CLAIMS MADE AGGREGATE $1, 000, 000
69414394 08-30-03 08-30-04 $
A DEDUCTIBLE $
RETENTION $ $
WC OT
STATU- H-
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY
AM aaOPar=roar tWRIEYZCurrvt= E.L.EACH ACCIDENT $
C:r:CFPACMCEa FXCLuDED? E.L.DISEASE-EA EMPLOYEE S
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
UMBRELLA LIABILITY IS IN EXCESS OF THE 300, 000 FROM THE HOMEOWNERS POLICY.
I - -
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BL
I BE,FORE�T}{BEWRATIO
CITY OF FORT WORTH DATE THEREOF,THE ISSUING INSURER WILL ENDEAr DAPI EN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THiULURE'TObOSC$RALL
FORT WORTH, TEXAS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINDS AGENTS OR
REPRESENTATIVES. If
AUTH IZED REPRES
ACORD25(2001/08) � �� � �cAdORD CORPORATION 1988
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2003
DATE: Tuesday, December 09, 2003
LOG NAME: 06ALLINGFENCE REFERENCE NO.: C-19894
SUBJECT:
Encroachment in Right-of-Way: Consent Agreement with James M. and Connie D. Alling
Authorizing Use of the Right-of-Way for the Installation of a Fence in Sycamore School Road at
7817 Romney Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement with
James M. and Connie D. Ailing authorizing use of the right-of-way for the installation of a fence in Sycamore
School Road at 7817 Romney Road.
DISCUSSION:
James M. and Connie D. Ailing have requested permission to install a 6-foot wooden privacy fence in the
1300 block of Sycamore School Road at 7817 Romney Road. The fenced area will provide a recreation
area for the 6 year old special needs child of Mr. and Mrs. Ailling. They are proposing to install a swing set,
trampoline, swimming pool, sand box, and other equipment for exercise and outdoor therapy for the
child. The family will also have a trained guide dog within the home and a fenced exercise area. The fence
will project 18 feet, 9 inches into the right-of-way. After the fence is installed, the distance between the
fence and the curb will be 12 feet.
The Encroachment Committee has reviewed this request and is recommending approval subject to the
requirement that the gate either swing inward or be a sliding gate.
The encroachment will be in COUNCIL DISTRICT 6.
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 by: Reid Rector (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 06A1,T,TNGFFNC'F PaoP 1 of 1