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HomeMy WebLinkAboutContract 50293 34 S6 CITY SECRETARY o CONTRACT NO. Q RECEIVED RIGHT OF WAY r FEB 20 2018 ENCROACHMENT AGREEMENT r CITY OF FORT WORTH CIN SECRETARY (RES/DENT/AL) a 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 Director of Planning and Development Department, hereinafter referred to as the "City", and Bruce Morris and David Shanahan (Type name of homeowner(s)) hereinafter referred to as "Licensee", owner(s) of the property located at 731 Samuels Ave Ft Worth 76102 ("Property"- Type address including zip code). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained,City hereby grants to Licensee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way, such Improvement(s) are described as follows: wrought iron fence not to exceed 48 inches in height (Type in description encroachment) The location and description of said Improvement and the 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 Improvement, use and occupancy shall be performed in strict compliance with this Agreement and 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 ROW Encroachment Agreement—Residential OFFICIAL.RECORD Page 1 of 10 Revised 10.10.2017 CITY SECRETARY FT.WORTH,TX not relieve Licensee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of construction and installation of said Improvement 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. Licensee, at no expense to the City, shall make proper provisions for the relocation and 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, Licensee 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, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee 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 will incur as a result of the construction,maintenance,inspection or management of the encroachments and uses provided for by this Agreement,Licensee agrees to pay to City at the time this Agreement ROW Encroachment Agreement—Residential Page 2 of 10 Revised 10.10.2017 is requested an application fee in the sum of Three Hundred Twenty-Five Dollars($325.00).Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 8. Upon termination of this Agreement,Licensee shall,at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way,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. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Improvement,Licensee hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the parties hereto that the public rights- of-way, alleys, sidewalks ("public right-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 public right-of way 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 public right-of-way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, ROW Encroachment Agreement—Residential Page 3 of 10 Revised 10.10.2017 transmission of natural or electricity,or any other public purpose,whether presently contemplated or not,that this Agreement shall automatically terminate. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right of way and is not a conveyance of any right, title or interest in or to the public right of way nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 11. Licensee 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 Improvement, encroachment and uses. 12. Licensee 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. Licensee 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 and Licensee 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. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. ROW Encroachment Agreement—Residential Page 4 of 10 Revised 10.10.2017 LICENSEE 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 IMPROVEMENT AND 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 LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE 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 LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES,OR TRESPASSERS. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, as proof that it has secured and paid for a homeowner's policy 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: $300,000.00 With the understanding of and agreement by the Licensee that such amounts shall be revised upward at the City's option and that the Licensee shall so revise such amounts immediately after receiving notice to Licensee of such requirement. Such insurance policy shall provide that it cannot be cancelled or amended without at least ten(10) days written notice to the Director of the ROW Encroachment Agreement—Residential Page 5 of 10 Revised 10.10.2017 Planning and Development Department or designee of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit`B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees,binds and obligates itself,its successors and assigns,to maintain and keep in force such homeowner's 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 or alleyways. 16. Licensee 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 Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee 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 the Planning and Development Director. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto,their successors and assigns. EXECUTED this 9th day of February 20 18 ROW Encroachment Agreement—Residential Page 6 of 10 Revised 10.10.2017 City Licensee: (Type name of individual(s)) City of Fort Worth Bruce A. Morris and David J. Shanahan AJBy: by: /u.C(f a� Ranle HarwoT Name: (Type name of individual) Director Bruce A. Morris Planning and Development By: Name: (Type name of individual) David J. Shanahan F AT ® �` Ap ved As Form and Legality City Se t4 J_T Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract, including ensuring all performance And reporting requirements. J"'� A n I'L"'& Janie S. Morales Development Manager OFFICIAL REJAR ROW Encroachment Agreement—Residential CITY$SECRETARY Page 7 of 10 Revised 10.10.2017 Ft WORTH 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 Randle Harwood, 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 thisl:;a nay of 20_&. JENNIFER LOUISE EZ@RNACK Notary Public, State of Texas Comm. Expires 03-01-2020 Notary ID 130561630 aim Not Public in and for the State of Texas ROW Encroachment Agreement—Residential Page 8 of 10 Revised 10.10.2017 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 Bruce A.Morris (Type name of individual), 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 Bruce A.Morris (Type name of individual), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 { ' . Notary Public in and for the State of Texas NANCY CARDONA =_Notary Public, Siate of Texas e Comm, F_xpires 06-242021 Nutar yID 12330079 ROW Encroachment Agreement—Residential Page 9 of 10 Revised 10.10.2017 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 David J.Shanahan (Type name of individual), 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 David J. Shanahan (Type name of individual), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 . Notary Public in and for the State of Texas ©,`�r;;Y?�e''% NANCY CARDONA �:Notary Public, State of Texas Comm. Expires 06-24-2021 Notary ID 1233007a ROW Encroachment Agreement—Residential Page 10 of 10 Revised 10.10.2017 Nationwide® HOMEOWNER CUSTOMER NOTICE is on your side Policy Number Date Prepared rlior- 78 42 HO 300197 JUN 09, 2017 THE REDDOCH AGENCY, INC 8605 MID CITIES BLVD. N. RICHLAND HILLS TX 76182 How to Contact Us BRUCE MORRIS AND DAVID SHANAHAN Nationwide Representative: 731 SAMUELS AVE THE REDDOCH AGENCY, INC FORT WORTH TX 76102-1350 AGENT NUMBER : 3325920 817-427-0460 o, Irl- C) See back of your statement for important phone numbers and other information about your insurance. 41 00 Note: o Enclosed is your Homeowner Policy Renewal Declarations for property described on the Declarations. 0 0 C) Please read it carefully. The bill for your renewal premium will be sent separately. To maintain C) uninterrupted coverage, please pay your premium bill when it arrives. Thank you for insuring with C) Nationwide. 0 If the renewal premium is not paid, coverage will terminate on the expiration date of the last paid policy period. bi'ai Total Billed To NATIONWIDE BILLING ACCOUNT $ 6,481.00 RETAIN THIS PORTION FOR YOUR RECORDS At Nationwide, customer service is a top priority. Whether you are a long time customer or new, we want you to know the high value we place on your business. We consider it a privilege to serve you. NATIONWIDE LLOYDS INSURANCE COMPANY **********THIS IS NOT A BILL********** NATIONWIDE 24-HOUR CLAIM NUMBER 1-800-421-3535 IMPORTANT INFORMATION: Nationwide now has a new homeowners program. Policyholders may or may not receive lower rates in this new homeowners program. Please contact your Nationwide Agent if you are interested in further details. ****** SPECIAL NOTICE ****** Please notify your agent immediately if the mortgage company shown on the Declarations is not correct. A Message From Your Nationwide Agent.- Your gent:Your policy does not cover flood loss. You can get protection through the National Flood Insurance Program. If you wish to find out more about this protection, please contact your Nationwide Agent. Your premium may be reduced, if you have a qualifying Nationwide Life/Annuity policy, Please contact your Nationwide Agent for more information. E ( f For Questions About Your Insurance, Call Your Nationwide Agent: THE REDDOCH AGENCY, INC 817-427-0460 AGENT NUMBER 3325920 For Hearing Impaired: TTY 1-800-622-2421 Nationwide Regional Office: 1-877-669-6877 HOMEOWNER POLICY Nationwide® DECLARATIONS is on your side Non-Assessable F1;7— Page 1 of 4 These Declarations are a part of the policy named above and identified by policy number below. They supersede any Declarations issued earlier. Your Homeowner Policy will provide the insurance described in this policy in return for the premium and compliance with all applicable policy provisions. See policy for details regarding the other coverages and additional coverage options. Policy Number: Policyholder: 73 42 HO 300197 (Named Insured) BRUCE MORRIS AND Issued: DAVID SHANAHAN JUN 09, 2017 731 SAMUELS AVE FORT WORTH TX 76102-1350 co a Policy Period From.- co rom: co ,7 i' r n� a I. if a•., .: a.1 s tI : a,r; d h bee a.n;l only � JULJLlL 15, 2U 1� i0 JVL 1J, 2v 13 iJUt vi'u� if u�$ rcy�ir � pfe^'7iL',T, yr � S r: C. a$ n paid, f N for annual renewal periods if premiums are paid as required. Each period begins and ends at 12:01 A.M. CD standard time at the Residence Premises. 0 0 C) The Following Change(s) Have Been Made To Your Policy: o I You may notice a change in premium since your last billing. Residence Premises Injorlmation has been � C,IlanycU. i The limit of liability for Section i Coverage A Dwelling is revised. Residence Pramises Infcrmaticn: 731 SAMUELS AVE ONE FAMILY PROTECTION CLASS 1 FORT WORTH FRAME DWELLING FD FORT WORTH TX 761021350 YEAR OF CONSTRUCTION 1863 FS FORT WORTH FS 1 '�'•• PROTECTION TERRITORY 023 APPROVED ROOF SECTION I Property Coverages Limits Of Liability Deductible: 1% OF COV A ALL PERIL COVERAGE-A-DWELLING $ 575,500 In case of a loss under Section I, we cover only that part of each loss over COVERAGE-B-OTHER STRUCTURES $ 107,650 the deductible stated. COVERAGE-C-PERSONAL PROPERTY $ 403,550 EXCEPTIONS COVERAGE-D-LOSS OF USE $ 576,500 1% OF COVERAGE A - DWELLING LIMIT ($ 5,765 AS OF THE CURRENT DECLARATIONS ISSUED DATE) ALL PERILS 1% OF COVERAGE A - DWELLING LIMIT = $ 5,765. THIS DEDUCTIBLE APPLIES TO WINDSTORM OR HAIL LOSSES. H5300 HOMEOWNER POLICY DECLARATIONS Page 2 of 4 SECTION II Liability Coverages Limits Of Liability COVERAGE-E-PERSONAL LIABILITY ; 300,000 FOR EACH OCCURRENCE: PROPERTY DAMAGE AND BODILY INJURY COVERAGE-F-MEDICAL PAYMENTS $ 1,000 TO OTHERS EACH PERSON OTHER COVERAGES/OPTIONS APPLICABLE i See Policy or Endorsements for details regarding Other Coverages and Options that apply to your policy. Other Coverages Limits of Liability INFLATION PROTECTION APPLIES BOECKH INDEX 0677.8 DWELLING FOUNDATION 15% OF COV A WATER DAMAGE 100% OF COV A FIRE DEPARTMENT SERVICE CHARGE $ 500 CREDIT CARD - FORGERY $ 1,000 Options Applicable Limits of Liability OPT!ON-J-EXTENDED REPLACEMENT COST APPLIES PERSONAL PROPERTY (BRAND NEW BELONGINGS) CPTION-K-REPLACEMENT COST PLUS APDL!ES DWELLING CPTION-L-PROTECTIVE DEVICE CREDIT APPLIES BURGLAR ALARM - CENTRAL STATION FIRE/SMOKE - CENTRAL STATION FIRE EXTINGUISHERS OPTION-O-ORDINANCE OR LA'vV $ 5,000 PREMIUM SUMMARY Premium Based On Premium Amount POLICY PREMIUM $ 5,819.00 DWELLING FOUNDATION $ 473.00 WATER DAMAGE $ 189.00 Annual Renewal Premium $ 6,481.00 Annual Renewal Premium Includes Discounts For: CLAIM FREE HOMEICAR HOME PROTECTIVE DEVICE TOTAL DISCOUNT AMOUNT $2,943.00 FORMS and ENDORSEMENTS MADE PART OF POLICY HO 542-B Texas Homeowners Policy H-7074 Dwelling Foundation Endorsement H-7075 Water Damage Endorsement H-6188 Amendatory Endorsement - Domestic Partner Cas.6812 Amendatory Endorsement - Benefits(Texas) HOMEOWNER POLICY Nationwide® DECLARATIONS is on your side Non-Assessable rl;$- Page 3 of 4 Policy Number: Policyholder: 78 42 HO 300197 (Named Insured) BRUCESHANAHAN Issued: Policy Period From: JUN 09, 2017 JUL 15,2017 TO JUL 15, 2018 ADDITIONAL INTERESTS FIRST MORTGAGEE OCWEN LOAN SERVICING LLC ,.r ISAOA ATIMA '^ PO BOX 6723 SPRINGFIELD OH 45501-6723 N LOAN #602509072 O O O O j O I O O O le.,c l P, KIA,TIr)KI1A/1F)C: I I r)VF)Q IKICIIDAKI(`C (`nn•ADArlIV Home Office Columbus, Ohio Countersigned At: SAN ANTONIO, TX By: THE REDDOCH AGENCY, INC Prior Declaration Issued: JUN 09, 2016 ` I IMPORTANT PHONE NUMBERS Nationwide 24-Hour Claims Number: 1-800-421-3535 For QUESTIONS About Your Policy, Call Your NATIONWIDE AGENT: THE REDDOCH AGENCY, INC 817-427-0460 For Hearing Impaired: TTY 1-800-622-2421 Nationwide Regional Office: 1-877-669-6877 HOMEOWNER POLICY DECLARATIONS i Page 4 of 4 This page intentionally blank t i 731 Samuels Site Plan-New Wrought Iron Fence This is a representation of the alternating wrought iron fence. It will be no taller than 4 ft: .#ll4 The decorative elements(finnials, puppy panel design)may change. Placement of fence: Fence will be installed 6 inches to the west of the existing sidewalk. Encroachment area is 101 feet by 4.5 feet: 454.5 square feet Samuels Avenue Sidewalk InCrOOMMOnt ArGO Aa wrought iron Oa wrought iron Blue Una-new Is -P ad 4 ft tall wrought driveway gaw skiewalk gala iron fence In concrete footing Proposed fence location: Approximately i Inches from existing sidewalk. This will °"°"'r Ow. rs...a be 4.3 feat within the City's easement Drive from the property kne. The way encroachment will be 4.5 feet by 101 feat. Prapww Is 301 fat wide 0 Til Samuels Front Porch P •awl, �� � =+Ida'�`� ,��*.�. �� � �•,k �., ��e Lid ot 61 P lot jo is oe- . * '