HomeMy WebLinkAboutContract 35143 (2)r
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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
City Manager or duly designated Assistant City Manager, hereinafter referred to as the "Ciry,"
and John Goff, property owner, hereinafter referred to as "Grantee," owner of the property
located at 4447-�rr�tj�o;.Lot 2-R, Block 9, Hillcrest Addition to the City of Fort Worth, Tarrant
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County, Texas ("Property").
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, sidewalks and other public rights-of-way, such Improvement(s) are described as follows:
A total encroachment of 621.5 square feet to the north and east of
the Propertv. The specific areas of encroachment are further
described as follows:
North encroachment abutting Crestline Road: 180.0 square
feet (5' x 36') encroachment consisting of 6' wrou�ht iron fence
and vegetation limited to shrubs no taller than 2' and trees
branchinQ higher than I 1'; and,
East encroachment abuttin� Ashland Road: 441.5
square feet (5' x 88.3') encroachment consistin� of 11' three part
rollin securitv �ate, planter boxes, entrv stairs, and vegetation.
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The location and description of said Improvement and the encroachment is more particularly
described in Exhibit "A", attached hereto, incoiporated 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 Worlcs, or his duly authorized representative, but such approval shall
not relieve Grantee of responsibility and liability far concept, design and computation in
preparation of such plans and specifications.
�
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,
sidewallcs and other public rights-of-way involved, except as described herein and shown on the
hereinabove referred to Exhibit "A".
�
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 ar at public expense is made mare c tLY2�i ,v�rxite� o�,. �;��
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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 far the purpose of installing or
maintaining improvements necessaiy for the health, safety and welfare of the public or for any
other public purpose. In this regard, Grantee undeistands and agrees that City shall bear no
responsibility or liability for damage or disruption of improvements installed by Grantee or its
successors, but City will malce reasonable efforts to minimize such damage.
C'�
In order to defray all costs of inspection and supervision which City has incurred or will
inctu- as a result of the consti-uction, maintenance, inspection or management of the
encroaclunents 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 Five Hundred and Thirty Five Dollars and
No/100's ($535.00).
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.
:
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
Worlcs, 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
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4415 998 v.1 129144/00001
Grantee fails to remove the Improvement, Owner hereby gives City peimission 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 Iinprovement.
G�
It is further understood and agreed upon between the parties hereto that the public rights-
of-way, alleys, sidewallcs ("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.
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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 ar 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 respondent 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
IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
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EMPLOYEES,
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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.
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:
Property damage, per occui-rence $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.
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4415 998v.1 129144/00001
Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and
Iceep 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 Agreeinent 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 Grantee, City
shall be entitled to recover interest and reasonable attorney's fees.
:
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 1N
PAItAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors and assigns.
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4415 99 8 v. l 129144/00001
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EXECUTED this � day of''r�ro� 200f�.�
City: City of Fort Worth
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By: ������ .
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ATTEST:
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City Secretar
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4415 9 9 8 v.1 12 9144/00001
Grante�John Goff
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By.
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'�ohn Gof
;' Property �wner
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Approved as to Form and Legality
Assistan City ttorney
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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 Bob Riley, 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
�G�`.��- , 2 ��.
,
M� ANGELA ESTRADA
Notaty Publlc
` * STATE OF TEXAS
� �'�� My Canra. Exp.08/21 /2007
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Notary blic in and for the
State of Texas
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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 John Goff, individual known to me to be the person whose
name is subsci-ibed to the foregoing insh-ument, and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed, as the act and deed of himself,
and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this '7""" day of.��a�e-r,
2006.
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% ?a°c°'����°B�� MELISSA M. PARKER �
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Notary Public in and for the
State of Texas
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441599 8 v. l 129144/00001
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Exhibit "B"
Certificate of Insurance
ACOR� CERTIFICATE OF LIABILITY IfVSURANCE OPID '] DATE(MM/DOM'YY)
(iOFFJ01 03 19 07
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HUB Personal Ias-PI,I DAL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Suite 2050 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2711 North Haskell Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75204
Phone:214-855-5600 8ax:214-855-5627 INSURERSAFFORDINGCOVERAGE NAIC#
INSURED �N:�meaA Chubb Lloyds o£ Texas 27774
INSt.RER B'
John C3o£i iN�R c:
BCrescent Real Estate Equooies
777 Main stxeet Suite zl ms�Ro
Sort Worth TX 7�102
I�SUFER E'
Cf1VFRGf.FS
THE POLICIES OF INSUWWCE LISTED BELOW HhVE BEEN ISSUED 70 THE INSURED WU�ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVJITHSTANDING
ANl' REQVIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMEN7 WITH RESPECT TO WHICH THIS CERTIFICATE h1AY BE ISSUED OR
MAY PERTAIN, iHE INSUHANCE AFFORDED BY THE POLICIES DESCRIBE� HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN 1.iNYHAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR T/PEOFWSURANCE POLICYMRABER DATE MM/DD DAiE MAWD LINITS
GEN9iAL LIAeILfTV EACN OCCLFRE�Y..E I S
CCWlERCV1GEhERhLLIABIIfTV PRE7,tI5ES(EaoCturelite) �
CW1�7SA4�LE �OCCUR h�DEXP(MY�aKsml S
P'cR5QVA1 & ADV IN.&1RY $
GQvERA1 AGGREGATE $
GEM AGGREGATE LINRPFFLIES PrR' PRODU(,'TS - CO:APlCP AGG 5
POIICY P� 7 LOC
AUTOM08flE LIABRRY CGi/blf�D SU:GIE Li�t�7
NJ'! P17T0 (Ea ecatl2N) $
PLL GWI'Tc� IUlTOS BODILY NJURV
SC:�OtAEDAUTOS IPerPwson7 $
I1IREDN.f�G5 BCOILYINJURY §
401�G`M.tD PUtOS (Per axiaerCl
PROPERTY ONMGE $
�Per ac<idaM�
GARAGELIABILITY ALROQV.Y-Ea.P.CCI�M S
PNYN.l�O OTF�RTlWJ EAACC :
N.f�O GYLY�. AGG S
E%CESSNMBRELIA LIABILT' EACH OCCURRENCE S
OCCUR � CINtAS1IAD— AGGREGATE $
3
DEDUCTiEtE $
FE7ENTION 3 g
WOR!(ERSCOh4PEN5ATONAND TORS'LIMITS ER
EMPLOVERS' LUeIIIT'
E.L. EACH /J:C�DEN! $
PllY PROPft1E70R/PPR7I.ER/E%ECUTIVE
OFFICEWI'EWBERE:(0.WFD'! E.L.DISFh$E-EAEA'.PIOYEE S
If y65, tlB:C�IGP YM13f
SPECIPLPROVISION'sbekvr EL.DIS✓45E-POLICYLI'AIT i
OTHER
A Homeowners 1234773604 io/os/os io/oe/o� ni�iiity i000000
DESCRIPTION OF OPEAATIONS I LOCATIONS I VEHICLES! ESCCIUSIONS ADOED BY ENDORSENEM / SPELIAL PROVISIQUS
In accordaace with enroachment agreement between John f3o£f and City of Eort
Worth, TX atta: Dale Fisselar, £or property located at 4447 Crestline, Fort
Worth, TX 76107.
CERYIFICATE HOLDER CANCELLATION
SHOULO ANY OF THE A9OVE �ESCRIOED POLICIES 0E CANCELLED BEFORE THE E%PIRATION
DATElHEREOP,THEISSUINGWSURERYIILLENDEAVORTOhWL SO DAYSWRIITEN
Clty Of FOSt W02th NOTCETOTHECERTIFICATEHOlOERNAMEDT07HELEFT,BUTFAIIURETODO503HALL
Dale Fisseler NAPOSEN008LIGATIONORLIABILfTYOFANYHINDUPONTHEiNSURERRSAGENTSOR
1000 Thzoc�orton
Fort Wozth TX %61.�2 REPRESENTATIVE3.
4415 99 8 v.2 129144/000 O 1
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