HomeMy WebLinkAboutContract 44267 (2)CITY SECRETARY
CONTRACT NO.. � Li0
RIGHT OF WAY
ENCROACHMENT AGREEMENT
(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 City Manager or its duly authorized Assistant City Manager or
Director of Planning and Development Department, hereinafter referred to as the "City",
and Everett K Van Meter & Joni Van Meter hereinafter referred to as "Licensee", owners
of the property located at 3600 Westcliff Road North, Fort Worth, Texas 76109
("Property").
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:
Requesting an encroachment of fifteen (15) in the ROW in the projected front
yard of our new residence at 3600 Westcliff Road North. The projected front yard faces
Alton. We propose to build a three (3) foot tall retaining wall, six(6) foot tall fence, ten
feet, two inches(10'2 ") from the curb. This request mirrors other locations on the same
street and in the same neighborhood.
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.
OFFICIAL RECORD
CITY SECRETARY
FL WORTH, TX
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2012 ROW Encroachment Agreement —Residential Page 1 of 10
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 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 heremabove 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.
2012 ROW Encroachment Agreement —Residential Page 2 of 10
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 is requested an application fee in the sum of Two
Hundred Seventy -Five Dollars ($275.00). 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 team 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
2012 ROW Encroachment Agreement —Residential Page 3 of 10
Licensee that if this Agreement tell ;Mates 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, 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
2012 ROW Encroachment Agreement —Residential Page 4 of 10
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 perfoiiuing 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.
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
2012 ROW Encroachment Agreement —Residential Page 5 of 10
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 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 durmg the term of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city streets or alleyways.
2012 ROW Encroachment Agreement —Residential Page 6 of 10
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 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
2012 ROW Encroachment Agreement —Residential Page 7 of 10
EXECUTED this
���-*day of
City Licensee
City of Fort Worth
r
By: 10
in Randle Harwood
Director
Plating and �
evelopment
ATTEST:
City Secret
Y
Everett .T Van Meter
Joni Van Me 'ter�,w
By:
fName: Eve�-etn ete-
Owner
d
4.
8y: Name Tonz Va
n Meterawner
F6WZ2'
p�p�
804
as 2 Pi
o�
O�0000a°Q .c�'� Approved As To
�i1t�34 'a4�
2012 ROBEncroachment Agreement
Resrdential
Form and Legality
an4
Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTh, fl
Page 8 of 10
STA'1`E OF '1'OXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigne authority, a Notary Public in and for the State of Texas,
on this day personally appeared
ir; 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 1 I --Su day of
WVAM.S.) , 20 I 3-
f1/4v 'I Pit ref
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R. G. NAREZ
Notary Public, State of Texas
My Commission Expires
September 10, 2013
Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement —Residential
Page 9 of 10
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 Everett K Van Meter and Joni Van Meter, 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 Everett K Van Meter and Joni Van Meter, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this iti day of
<< 7
A. ,20j5
TETA M SCHULL
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 7/16/16
Notary Public in dnd for the
State of Texas
t
Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement —Residential Page 10 of 10
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Froin: Keith Van Meter <keithvanmeter59@gmail.com>
Date: February 7, 2013 228 12 PM CST
To: keith van meter <k.meter@sbcglobal.net>
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ACORE, EVIDENCE OF P 'OPERTY INSU NCE
DATE (MM(DDIYYYY)
3/4/2013
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S) AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY
Insurance Solutions
1800 N Norwood Dr#100
Hurst, TX 76054
Agent- Curtis Farrar
FAX E
INC. No): I A-MADDREIL
SS:
CODE:
AGENCY
CUSTOMER ID #:
INSURED
Everett Van Meter
3600 Westcliff Rd North
Fort Worth, TX 76109
PROPERTY INFORMATION
LOCATION/DESCRIPTION
3600 Westcliff Rd North
Fort Worth, TX 76109
PHONE
_(A/C. No. Ed):
817-282-2112 COMPANY
SUB CODE:
American Zurich Insurance Company
LOAN NUMBER
EFFECTIVE DATE EXPIRATION DATE
11/20/2012 11/20/2013
THIS REPLACES PRIOR EVIDENCE DATED:
POLICY NUMBER
BR7152111
CONTINUED UNTIL
n TERMINATED IF CHECKED
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA i ED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
Builders Risk Coverage Form
Any One Building Or Structure
All Covered Property at all Locations
REMARKS (Including Special Conditions)
COVERAGE/PERILS/FORMS
AMOUNT OF INSURANCE DEDUCTIBLE
$1,000
$598,000
$598,000
EXHIBIT B
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS
City Of Fort Worth
MORTGAGEE
LOSS PAYEE
LOAN #
AUTHORIZED REPRESENTATIVE
ADDITIONAL INSURED
Certificate Holder
ACORD 27 (2009/12) 0 1993-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD