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HomeMy WebLinkAboutContract 43226 (2)9U7 J �U Ufa TRACT Wino ENCROACHMENT AGREEMENT 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 Planning and Development Department Director, hereinafter referred to as the "City", and St6phaiLi ra terl S.15 acting herein by and through its duly authorized SE F hereinafter referred to as "Grantee", Owner of the property located at I-110 0 X1.1 u ?cob /Zo»P " P ro e ". rt ( p y) RIM" th'perH/ TIC 7&t 109 WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee 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, 1 05 -1'7-12 A09:28 IN OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX sidewalks and other public rights -of -way, such Improvement(s) are described as follows: jioN C ec> 4v;n o F ic-s NG LGC1i\C('c- p&ftio 50) smi\ sr -tins 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 not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 2 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. Grantee, 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, 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, Grantee understands and agrees that City shall bear no responsibility or liability for 3 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 will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of two riotVI 3 i Sfieit, yF, ( Dollars ($ a7 50 `''). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. Upon termination of this Agreement, Grantee 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 Grantee that if this Agreement terminates and Grantee fails to remove the Improvement, Owner 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. 4 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, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 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 Improvement, encroachment 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 and 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. 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 6 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, S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR S UCH 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, S UBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, 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: o, ow, r�om�L�ctAtsys POL.1CJ 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. 8 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 the City Manager or designee. 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. 9 020.0000 int �( NOM r. .a �oa #08 d n ati frif qity Secretary EXECUTED this City City of Fort Worth r day of AtoiLf Grantee (Business Name) By: By: tie9))7/ Randle HarwoName: 5.1740-feejtq Cv�Wl.Sc Director pc>.,aa.mbtria Title: CJWrVEre12 Planning and Developm Fog 1:a , 20 • AT ST: roved As To Form And Legality 00 °° MIA tetrtelt ,c)reeAssistant City Attorney l0 av OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX s 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 this Y71 4-1 , 20 Y I ♦ • r. LP Oa . r1 • • IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 28. 201 Ji 1 • • r • •.1 • r\MIV1i11�� 11 r l ✓ �t- CA( Notary Public in and for th State of Texas day of 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 KET, /iJ6/SC', eh .% 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 and in the capacity therein stated. 4111 G VEN UNDER MY HAND AND SEAL OF OFFICE this 1 I day of '170,Gt-c , 20 U 12 &Aix_ ary 'ublic in and for the State of Texas 4100 Inwood Road FW TX 76109 — Construction Issue Permitted Replacing Existin Retaining Wall 8ft tall or less W 7ft 16 ft 9.5 ft Property Lines Inwood Road Permitted Replacing Existing Aik Retaining Wall 8ft Ir tall or less Permitted Addition 18'6" • 13 ft 12 ft Concrete Patio up to walls Existin Stone Retaining Wall less than 4ft tall Note - Planned to put 5 ft tall cedar fence between columns New Stone Columns all the same size "x22"x5' New St—ne Steps Exhibit "A" Existing Stone Retaining Wall continues less than 4ft tall Issue Area located in circle — Part of the new construction is located beyond the property line (between the property line and the street curb 5 feet or less. - Not to Scale - Measurements are Approximate ilk Symbol denotes 30-40 foot tall very large trees N CKKr (T EVIDENCE OF INSURANCE a3 Coverage afforded by the policy is provided by the Allstate Fire and Casualty Insurance Company. Number : 000000916792234 First Mortgagee Loan Number 9000707618 Insured's name, mailing address and zip code: STEPHEN AND GWENDYLLYN A WEISS PO BOX 151681 FT WORTH TX 76108 Location of Property Insured (If different than shown above): 4100 INWOOD RD FT WORTH TX Zip Code: 76109 First Mortgagee, address and zip code: EVERHOME MORTGAGE A DIV OF EVERBANKISAOA P 0 BOX 620138 DORAVILLE GA 30362 - 2138 The POLICY PERIOD shall begin and end as shown below: Begins on: 04/30/2012 Ends on 04/30/2013 12:01 a m. Standard Time at the location of the property insured Insurance is provided as follows: POLICY TYPE HOMEOWNERS Policy Limit of Liability Section I Dwelling Protection $478037 Total Annual Policy Premium $2407.03 Replacement Cost up to the Dwelling Covg Limits Personal Property Reimbursement Page 1 of More << rvite )7- B eedf3 EVIDENCE OF INSURANCE Number : 000000916792234 Deductibles $4780 to loss to the covered property from all insured perils. PROVISIONS: This form is not the contract of insurance. The provisions of the policy shall prevail in all respects. All premiums for the insurance policy shall be computed in accordance with Alistate's rules, forms, premiums and minimum premiums applicable to the insurance afforded which are in effect at the inception of the insurance and upon each anniversary thereof, including the date of interim changes. It is understood that should the insurance protection evidenced herein terminate for any reason, due notice will be given to the Insured, to the mortgagee, and to all other interested parties in accordance with the standard mortgagee clause . A copy of the Policy Declarations reflecting the annual premium will be sent. if required, to the mortgagee and to any other interested parties. Date : 05/09/2012 Countersigned at: Fort Worth Authorized Agent: Diana Troy Exclusive Agent 4255 Bryant Irvin Rd Suite #116 Fort Worth TX 76109 817-735-4222 Agent Signature: 2 fiir-?Gi.. Page 2 of 2 °`15 3 0 P 3 Print Key Output Page 1 5770SS1 V7R1M0 100423 A4000079 05/09/12 11:29:27 Display Device m QPADEVOOZB User • STX92704 Insured: STEPHEN AND GWENDYLLYN A WEISS Pol No 916792234 04/30 Home: ( 817 ) 455 - 2542 **POLICY COVERAGES** BASE Homeowners - Primary RCT(tm) Replacement Cost $: 478037 Coverage B Total Amt, $: 30310 Dwelling Protection Limit $: 478037 Other Structures Limit $: 47804 Personal Property Prot Limit $: 274696 All Peril Deductible $: 1% Wind/Hail Deductible $: 0 Liability Protection Limit $: 300000 Med Payments to Others $: 5000 Do You wish to include any of the following: Extended Protection Amendatory Bldg Structure Extended Limits (ENTER) CONTINUE (F1) HELP (F3) QUIT (F6) PEND (Y/N): N (Y/N): N