HomeMy WebLinkAboutContract 44476 CIS SECRETARY
CONTRACT NO.,
RIGHT F WAY
ENCROACHMENT AGREEMENT
(RESIDENTIAL)
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a municipal corporation o 'Tarrant County, Texas, cti g' herein by and t hrough
its duly authorized City Manager or its duly authorized Assistant City Manager or
Director of'Planning in and Development Department, hereinafter referred to as the "City".
and Nancy Spiker and John Scott Spiker hereinafter referred to as ""Licensee", owner's of
the property located at 2327 Colonial Parkway, Fort Worth, Texas 76109 Property").
AGREEMENT
1.
For and in consI ler bon of the ayn'ient 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 plc ssio to, construct/ insta.11 and/or al.low to remain,
Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions oaf
the space under, on and/or above the streets, alleys, sidewalks, and other public rights-of-
way, such Improvement(s) are described as follows:
ws
4 concrete steps and a landing- 70 squarefeet of encroachment
The location and description of said Improvement and the encroachment is more
particularly cula,rly describe . in Exhibit "A"', attached heret o, mc rp rated herein and made a
part hereof for all purposes.
2.
All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall he performed in ,strict Compliance with this
Agreement and the Charter, Ordinances and Cedes of t he City and in accordance with the
directions f the D� re+ for of Transpo t;ti,on and Public Works of City, or his duly
authorized representative.e. .ill plans and specifications, thereof shall he subject to the
OFF11(;IIAL,RECORD
2012 ROW Encroachment Agreement—Residential CITY'SJECRETARf e I of 10
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0 MAY 2 4 7013
FTo WORTHo TX
prior written approval of the Director of "rransportation and Public Works, or his duly
authorized representative, but such approval shall not relieve Licensee of responsibility
and liability for concept, design -cmd computatioi-i preparation of such plans and
speci,ncatiOnS.
3.
Upon completion of construct-ion and installation of' said Improvement and
thereafter. there shall be no, encroachments, in, tinder, 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 liereinabove 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 t 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 virt-Lie 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 rnay enter and utilize the referenced areas at any time for -the purpose of
installing or maintaining improvernents 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 responsi-bility or tiability for damage or di,sruption o f
improvements installed by Licensee or its successors, but City will make reasonable
efforts to minirnize such. damage.
2012 R01W Encroaclunetit Agreement--R-esidential Page 2 of 10
6.
In order to defray all costs of' # A
inspection and supervision which City has mcurreu
or will incur as a, result of the construction,, maintenance, inspection or management of
the encroachments, and u-ses provided for by this Agreement,, Licensee agrees to pay to
City at the time this Agreement is requester an application fee in the sum, of Two
Hundred Seventy Five Dollars ($1275.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the arnount of$-56 per square/linear
foot of the encroachment area.
7,
The to of this Agreement shal.1 be for thirty (30) years, commencing On the date
this Agreement is executed by the City of'Fort Worth. Provided however, this Agreement
sha,l], terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City steal], notify Licensee of the non-compliance and 'if not cured within thirtY ItIr
days this Agreement shall be deemed terrninated.
8.
Upon termination of this Agreement, Licensee shal,l, 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 repiresentati,ve.., and 'in
accordance with then existing City specification.s. It is understood and agreed to by
I I # *f this Agreement terminates and Licensee fa`1s, to remove
..icensee that i I 1 1 -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 describe herein, 4,
are held by City as trustee for the public- that, City exercises, such
d
2012 ROW Encroachment Agreement—Residential Page 3 of 10
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, controt 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 to 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, saiii'tary 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 with.r
the described public night of way and is not a conveyance of any right, title or interest in
or to the public right of way nor 'i's *it meant to con. ey any nght to use or occupy property
0, 11 obtain all
in which a third party may have an interest. Licensee agrees that it wil
necessary permission before occupying such property.
110
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 p ay 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
2 012 ROW Enc roar limeat Agreement-Residential Page 4 of 10
exclusive right to control the details of its operations, and all persons perforni-ing, saw.e,
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 [,icensee, its officers, agents,
servants, employees, contractors and subcontractors, and n.oth'ing 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 HER EUNDER, WHETHER OR NOT
CAUSED, IN WHOLE, OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORSI
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,
CONTRAC"IrORS, SUBCONTRACT ORS, LICENSEES, INVITEES, OR
TRESPASSERS.
2012,ROW En-croach-ment Agreement—Residential Page 5 of 10
15.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of'Insurance,, as p oof 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 foltowing.
$130,01000.00
with the understanding of and agreement by the Licensee that such amounts shall be
revised upward at the City's option and that the I icensee shall so revise such amounts,
immediately after receiving notice to 1. censee of such requirement. Such insurance
policy shall provide that it cannot be cancelled or amended without at least ten (10) days
wntten noti.ce 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 "Bi". Licensee agrees to submit a similar, Certificate of Insurance annually to
City on the anniversary date of the execution of this AgTeement.
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, encroacbments and the cleaning and restoration of
the city streets 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 Tarrant 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
17.
In any action brought by the City for the enforcement of the obligations of
N,
Licensee ., City shall be entitled to recover interest and reasonable attorney's fees.,
M.
Licensee covenants and agrees that it will 'not assign all or any of its fights,
privileges or duties under this contract w.1thout the prior written approval, of the City
,I Manager or designee. Any attempted assigmnent without prior written approval will be
v 'd.
ol
19.
THE PARTIES AGREE THAT THE DUTIES AND, OBLIGATION
CON FAINEDIN PARAGRAPH 8 SHALL S"U'R,VIVE THE TF4R ' NATION OF
THIS AGREEMENT.,
200
their sc�c and,
This Agreement, shall be binding upon the parties heretol, u essors
assigns.
20/
EXEC"UTED this day of
........ .......
201 2 ROW Encroachment Agreement—Residentiai Page 7 of']0
City 0, N
L'I see
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City of Fort Worth 0
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;pe mie o i div uks
By.
By*
in of
name b'
Randle Harwood Name: name of in tia f, KEA
Director
Planning,and Development
By*-
'N- : e: name oif indIvidual
A
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JSTO- IkApproved As To, Forrn and Legality
0000000
AN
City Secretary Assist ant City Attorney
OFFICIAL ItIECOit,
Secl?,
ETARY ,
2012 ROWEncro lay hment Agreement—Residential PTO Page 8 of'10
ti
STATE OF TEXAS §
COUNTY OF TARRAN""F
'but
EFO the undersign e authority, a Notary Public in and for the State of Texas,
BRIE( ME.
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 purposes and consWeration therein expressed, as the act and
A
deed of the, CI*ty of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MYHAND1 AND SEAL OF OFFICE this A day of
20
SAVC
IRMA
Notary PUbk,
S-TATE Of:TF."s
6
�Ay CoMm.EY.P.jan.28$201115 Notary Public in and for the
State of Texas,
2012 ROW Encroachment Agreement—Residential Page 9 of 10
STATE OF TEXAS §
COUNTY OF TA NT §
BEFORE ME, the undersigned auth a No ry P �lic iin..# d for the t of
Texas on this day personally app�eared typk2name of V1ndiv1i*fua , ow to me 0
k. e ^neV
person whose name is subscribed to the foregoing j*.nstrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of type name of indivi"dual, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
77o 7"Kolto'
zo"otZe', ANGELA ARMSTRONG
SiRONG
MAM
N--f v Put)lic.Stat(e otlexas
S
My Commission E-x�pilr's Notary Public in andfor the
Ma(ch 04, 2016
State of I exas
Notary Public in and for the
State of Texas
20,1 2 ROW Encroachment Agreement—Residential Page 1 0of 10
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WINSURANCE..,THIS I ' IDEICE C F 'ROPE IS I SU ►MATTER OF INFORMATION ONLY AND C ONFER NC RIGHTS
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ADDITIONAL INTEREST NAME !BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE
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PROPERTY INFORMATION
LOCATIOWDES
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Fort Worth,TX 751
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THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER1001 INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT T OR OTHER DOCUMENT UMEI T ITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE LIMES DESCRIBED HEREIN
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COVERAGE INFORMATION
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COVEN I PERILS I FORMS AMOUNT OIL WSURANCE DEDU TIBLE
Bum Risk Coverage Form $5,000
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1II Covered Property at alt Locations « 1,497,79 5
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REMARKS(Including Special Condiflons) ..
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CANCELLATION
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ELIVERE ►IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAKAMADOMS MMGAGEE ADDITIONAL INSURED
LOSS PAYEE
Johin Scott Sp LOAN s
2327 Colonial P'n(kw y 00140411374-26
Fort Worth,TIC 7610
CORD 27 9112)CAF n 199:3 ORD CDR TION. All rIghts reserved.
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EVIDENCE OF PROPERTY INSURANCE DA'fE,
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THIS EVIDENCE �PROPERTY INSURANCE NCE IS `SUED S A�"'rER INFO TION ONLY AN CONFERS NO RIGHTS ' +� THE
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COVERAGE FORDED,BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT ITUTE A CONTRACT BETWEEN THE
ISSUING I AUTHORIZEED REPRESENTATIVE TI" E 3R PRODUCER,AND THE ADDITIONAL INTEREST.
AGOCY LU'po -'Alm (800)249-1342 _ COMPANY
Fist Command F'nandal fir ,Inc.
American,Ztuth Insurance Company
1 Firstcomm Plaza
Fort Worth,TX 76109
No): (81 .56 A QMS.
mmattizWirstcommand.com
2 SUS CODE:
LOA NUMBER POLICY NUMBER
Brooks Properties Custom Homes
0011140411374-26 ER7105W57
1509 S University D Ste 200 EFFEC71VE DATE E DATA CONT"JED UNTIL
05/15114 TE FOAKATED IF CHECKED
Fort" " THIS REPLACES PRIOR EMENCE DATED:
PROP"ERT"Y"INF 'RMATION
LOCATKAMWJMVIM
2327 Colonial Pa
Fort Worth,,TX 761'
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THE POLICIES OF INSURANCE LhSL 1ELOW "E BEEN ISSUED T THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
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NOTWITHSTANDING rA IY RE UrIREI IENIT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY RE ISSUED OR MAY PERTAIN,,T'I'ME INSURANCE CE JAFFORDED BY TIME POLICIES DESCRIBED,HEREIN
SUBJECT TO ALL THE TERMS,,EXCLUSIONS AND CONDITIONS S OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM
COVERAGE INFORMATION _ .. �.
COVERACA I PERILS 1 FORMS MWNT OF INSURANCE CE D N
Builders Risk Coverage Form $5,1000,
Any One Building r Structure $1,497,795
AN Covered Pr" at all Locations $1,0497,795
REAIIA,RKS(including Special Condidons)
P
US ASSURANCE INSURANCE SERVICES OF FLORIDA,INC
P.O.BOX 1161
JACKSONVILLE',,FL 47-11
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CANCELLATION
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EF' "'E THE,EXPIRATION DATE THEREOF,I, OTICE WILL III
VERED IN DANCE WITH THE POLICY PROVISIONS.
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ADDITIONAL INTEREST
NAME AM ADDRESS � MORTGAGEE LT AC1N]NTN4NAN.INSURED ,
LOSS PAYE
The City Worth of Forte Wo �...
LOANS
Department of Development 00140411374- 6
aATT: a Schroeder,Planner AUTHOR"'-_ ..
ESTA .
1000 Throe m ton Sireet
Fort Worth,TX 761!02
At R GnCi. RATION. All rights r .
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