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C1SY StCREjARY �
OL6eL l L 0� ENCROACHMENT AGREEMENT
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(RESIDENTIAL)
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
Daniel and Amanda Rojas (Type name of homeowner(s)) hereinafter
referred to as "Licensee", owner(s) of the property located at
2928 Halbert St. Fort Worth TX 76112 ("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:
Front yard picket fence up to the curb. (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 au*uorzed re„resentativc, but such approval shall
OFFICIAL RECORD
ROW Encroachment Agreement—Residential CITY SECRETARY Page 1 of 10
Revised 10.10.2017
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
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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.
S.
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,
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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 parry 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.
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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
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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.
M.
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 day of , 20
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City Licensee: (Type name of individual(c)l
City of Fort Worth
dii
By: '7j'e - by: 1P �b1Gs
Randle Harwood Name: (7:yytyame of individual)
Director
Planning and Development
By:
ame: (Type me of individual)
v
FORT
A ST: � oved As Toronp and Legality
City Sec 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.
Janie S. Morales
Development Manager
OFFICIAL.RECORD
ROW Encroachment Agreement—Residential CITY SECRETARY Page 7 of 10
Revised 10.10.2017 FT.WORTH,TX
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 thisy'day of 0 /9.
J7
ENNIFER LOUISE EZERNACK
:.' ,6S Notary Public, State of Texas
it Comm, Expires�i OF ®S 03-01-2020
+in Notary ID 130561630 a —1,0 111 aiL
Notao 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 ie-k 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 7�)rjjniPQ V-�, !L_L:j�S (Type name of individual), and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .'L day of we20 .
>:�•"' '"' APRIL LSE RUBIO
al • `' My Notary ID#131023550 U
- Expires February 28.2021
Notary Public in and for the
State of Texas
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 ty,r\Le� �� �, _ (Type name of individual),
known to me se 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 `}-NN" (Type name of individual),
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this. day of132gYihLt_, 20 l`1.
APRIL LEE RUBIO
131023
``• My Notary ID#1310 X3550
Expires February 28,2021
Notary Public in and for the
State of Texas
ROW Encroachment Agreement—Residential Page 10 of 10
Revised 10.10.2017
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