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Home My WebLink AboutContract 44476" �� : �1� � � � �� , ;�; ; ; 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 refei-red to as the "City", and Nancy Spilcer and John Scott Spilcer hereinafter referred to as "Licensee", owners of the property located at 2327 Colonial Parkway, Fort Worth, Texas 76109 ("Property"). AGREEMENT ! 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: 4 conc��ete steps cznd a lc�nclii�g- 70 sqi�czre feet of encroach�in�eiz�t 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 Improvement, use and occupancy shall be performed in strict compliance with such this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Worlcs of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the 2012 ROW Encroachment Agreement —Residential ��'��IV�'C� MAY 2 4 20i� ��: , �� , ' • 1 _ __''�i. I�T. WOR7'H, i�`� prior vv�itten 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 i-ights-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 consi�uction, maintenance or existence of such encroachment and use, Lice�isee 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 necessaiy for the health, safety and welfare of the public or for any other public puipose. 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 i•easonable efforts to minimize such damage. 2012 ROW Encroachment Agreement —Residential Page 2 of 10 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the constiuction, 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 term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Wor�th. 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. .: 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 pei7nission 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. � 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 2012 ROW Encroachment Agreement—Residential Page 3 of 10 powers over the public right-of way as ha�e 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 i•ight-of-way for the use and benefit of the public. It is accordingly agreed that if the govei-ning body of City may at any time during the term hereof determine in its sole discretion to use or cause or per�nit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead cornmunication, drainage, sanitaiy sewerage, transmission of natural or electricity, or any other public puipose, whether presently contemplated or not, that this Agreement shali automatically terminate. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of peimitting 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 paz-ty may have an interest. Licensee agrees that it will obtain all necessary pei�nission 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 cont�actor 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 2012 ROW Encroachment Agreement —Residential Page 4 of 10 exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible foi• the acts and omissions of its officers, agents, sei-vants, 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 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. 2012 ROW Encroachment Agreement—Residential Page 5 of 10 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 E�iibit "A". The amounts af 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 Depai-tment 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 obiigates 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 sheets 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 Tax7ant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 2012 ROW Encroachment Agreement —Residential Page 6 of 10 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 dtrties 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. EXECUTED this � day of �% `�' (,/ , 20�. 2012 ROW Encroachment Agreement—Residential Page 7 of 10 ��Ty City of Fort Worth By: !1 �� Randle Harwood � Director Planning and Development 0 By: ��'~, � N� � T: � � � _` l r��c.�.C. � �, �� City Secretary Assistant City Attarney . — , - - ,�. �. ,; .., 2012 ROW Encroachment Agreement—Residential L�� see C� � P� � �. k�-, type $a`me��ual(s � � By: Name: name of i � : name of individual � � ( f� l r � � ved As To Form and Legality .��t�, ��p,� .��`. 11n�t,,,�c+�s``� � �--- ��/�� _' Rr�y �'� Page 8 of 10 STATE OF TEXAS COUNTY OF TARRANT �� § � �, , � ��f'ti,Yl f,_. ��i,��(7, � ;(V ;�T , ,l BEFORE ME, the undersigne authority, a Notary Public in and for the State of Texas, on this day personally appeared , 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 puiposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this <� `� ( day of -%I � -� �20 , � :a:• �:� cr s.�?.,y ��. IRMA SAENZ Notary Publlc STATE OF TEXAS pny Comm. Exp. Je� ,/� �_ �-�� ,'� �� '�? �.,1.� _ l -��.t�� Notary Public in and for the State of Texas 2012 ROW Encroachment Agreement —Residential Page 9 of l 0 STATE OF TEXAS COUNTY OF T11RR.ANT § �� BEFORE ME, the undersigned auth�it a No r Pu lic in_ nd for the � t of �� Texas on this da ersonall a eared �na�e of indiv�7 lknfown to m� e�o b�he - �P/ � Y p Y pp tYP � � I person whose name is subscribed to the foregoing instiument, and acicnowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of type name of individual, and in the capacity therein stated. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this _a S day of , 20�. ANGELA ARMSTRON6 Norary Public, State of Texos My Commission Expires Match O4, 2016 Notaiy Public in and for the Notary Public in and for the State of Texas 2012 ROW Encroachment Agreement —Residential Page 10 of 10 � L'QlG Ul 1 GXA.S � � � �, _ ,� �_ �. �:x�v�x �� .�; _ .. '� � µu�? :�`.�4:` ; , , ,: _ w ,. ,a w 1- g� � , � � �`Yi � _ � ��rR_ 1 . � � � s�,4 �� ' �`` �,� "� � + . s T:� � � � f �. "` . ze �r ? �a ,.�, � ,� �y ��,` ��' ' ` -�t ` , '*� � s °i�.' 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P , . .. � � � �� r, . � t.^_ - '.�.� ' �' � ��' PF �� ] {� �",L� ' ��£' x E- y „,� �'�.� . � � —=,'�%".� � @ � .. � � .<. � � .' as�... � 1 �kr � �T U, � � � ��. F �` t�=:, � �� : � ��. , � �: � � � , � ' �' � � "� : �` t3' � — � ��;. �� z:� �p �� — ,d►co� EVIDENCE OF PROPERTY INSURANCE '°" M""'°°'""Y"'� �,�. �_05/08/2013 THIS HVIDENCE OF PROPERTY IN3URANCE 13133UED AS A MAT7ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ' ADDITIONAL INTERE3T NAMED BELOW. THI3 EVtDENCE DOES NOT AFFIRAAATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TNE E COVERAGE AFFOROED BY THE POLICIE3 BELOW. THI3 EVIDENCE OF IN3URANCE DOE3 NOT CON3TI7UTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDIT{ONAI. INTERE3T. _.._. . .. AGENCY PHONE $QO 2A9-134Z _ COMPANY - _ .. _ ec�.t3c.�xt): _..S � . _. Finl Command Financfal Srvcs, Inc. 1 F'astcomm Plaza Fort Worih, TX 78109 �817) 589-3388 _ qq�� smmattlza firstcom A0083042 suecou�: INSURED erooks Properties Custom F{omes 1509 S Univusfly Drive Ste 2d0 Fort Worth, TX 7618b PROPERTY INFORMATION LOCATIONf DESCREPTION 232? Colonial Parkway FoR Worth, TX 76908 Amerfcan Zurich Insurance Company :�,, LOAN NUMBER POLICY NUMBER 00140411374-26 ER71056057 EFFECTIVE DATE � EXPIRATION DATE THE POUCIES OF INSURANCE kISiED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 POUCIES DESCRIBED HEREIN SUBJECT 70 ALL. THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES. LIMI7S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIN E INFORMATiON Bulldera Risk Coverage Form Any One Buiiding or Structure - .i_ :i � � COV6RA8ElPERIL8/FORMS CONTINUED UNTIL 05/15/13 ! 05J15N4 Q 7ERMINATEOIFCHECKED THIS RHPLACE9 PRIOR EVIDHNCE DATED: � .,i � ,__._ _. $1,497,795 $1,497,795 I . l�_- - - - � - REMARKS (Including Speclal Conditfons) EXHIBIT B i C�. _ _ . . .. .... .._ CANCEU.ATION . .. . __ _ _ ... �3HOULD ANY OF THE ABOVE DESCRiBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, • DELIVERED IN ACCORDANCE WITH THE POLfCY PROVISION3. ! .. .... _.._. ._ ADDITtONAI. INTERE3T ,._.� _., � • � - John Scoit Spiker 2327 Cotonial Parkway Fott Worth, TX 76109 ',:.� �oaN * 00140411374-26 ADDITIONAI INSURED oEnucne�E ; �s,000 + NOTICE WILL B� i _,..: � ��,.�.. .,,� _ I G� fr� 1993-Z009 ORD COR RATION. All rights reserved. ORD name and logo are regiatered marks of ACORD •DATE MMlDWYYYY� ACOR EVIDENCE OF PROPERTY INSURANCE 05/08/2013 . `"� - - .�.-- .. THI3 EVIDENCE OF PROPERTY INSURANCE IS ISSUED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTERE3T NAMED BELOW. THI3 EVIDENCE DOES NOT AFFIRMATNELY OR NEt3ATIVELY AMEND, EXTEND OR A�TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TNl3 EVIDENCE OF IN3UliANCE DOES NQT CON3TITUTE A CONTRACT BETWEEN THE f33UING INSURER(S), AU7HORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AOHICY PHONB . ._ _ _. . .. . �fgg`y No Ext);_�840) 248-1342 COMPANY � Ff►st Command �inanctal Srvcs, Inc. 1 Ftrstcomm Plaza Fort Worth, TX T8109 cor�: A0083042 IN811RED Brooks Propeiiiea Custom Homes 1509 S University Drive Ste 200 Fori WoRh, TX 78185 PROPERTYINFORMATION LOCATIONlDESCRIPTION 2327 Cobnial Parkway Fort Worth, 7X 76109 American Zurich Insurance Company LOAN NUMBER 00140411374-28 EFFECTIVE DATE 05/15/13 POUCY MUMBER ER71056057 EXPIItATIOH DATE CONTINUED UNTIL 05/15/14 � TERMINATED IF CHECKED THIS REPLACES PRIOR EVfOENCE DATHD: S; _._ . _ _ ._ ._. _ .. ..._ THE POLIGIES O� INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOQ INDICATED. NO7WITHSTANDING ANY REQUIREMENT, TERM �R CONDITION OF ANY CONTRACT OR O'�HER DOCUMENT WITH RESPECT TO WHICH THIS EViDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, 7HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN SUBJECT TO ALL 7HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. IiMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM . .. ...._ ..._. ... .. .... _ _... COVERAGE INFORMATtON Buildera R(sk Covarage Form Any One euilding or Strudure Ail Covared I'roperty at all Locations SUB CODE: COVERAGEfPBRILB/FORM8 . . ... REMARKS (Inctuding 3pecial Conditions) US ASSURANCE INSURANCE SERVICES OF FI.ORIDA, iNC P.O. BOX 70610 JACKSONViLLE, FL 32247-0120 _ AMOUNT OF INSURANCH $1,497,795 $i,497,795 EXHIBIT B 17��I�I�3iLZ� $5,000 � CANCELLATION � � �� . .-. _ _.._ ___ ..... ! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE � f DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION3. f�.._ _ _ _.._ .... ADDITIONAL INTEREST ._ _.. . ... . -- I iJAWIE AND ADDRESS - p_RTGA(3EE - _. _ . . _ - D ❑ ADDRIONAL INSURED rne ciry or Fort wortn DapaNment of Oevelopment ATT: Dav(d Schroeder, Planner 1000 Throckmorton Street Fort Worih, TX 76102 27 {2009/12) QF ❑ LOSS PAYEE ❑ LOM! �Y - � - -- 00140411374-26 _..._ _ . . .. --- AUTHORIZED REPRESEN7ATNE � �� 1953-2009 ORD CO ORATION. Aii dghts reserved. The AC RD name and logo are gtsterad marks of ACORD