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HomeMy WebLinkAboutContract 41630 (2)CITY SECRtL-i.ti RI (7', *APACE STATE OF TE)(AS ENCROACHMENT AGRLL.MENT 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 Planning and Development Department Director, hereinafter refen•ed to as the "City", and Overton Woods Homeowners' Association, acting herein by and through its duly authorized President, L. Travis Sanders, hereinafter referred to as "Grantee", Owner of the property located at 4702 Bellaire Drive South (and in the general vicinity of 5031 Bellaire Drive South). WITNESSETH: o r- . � 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: IN 7 0 ICIAL RECORD ctY SECRETARY Ft WORTH, TX 1 Two Overton Woods monument markers to be located on the central median at the properly locations: 1. Near the intersection of Bellaire Drive and Over :on Woods Drive 2. Near the intersection of Bellaire Drive and Overton Woods Terrace The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a parpari hereof for all purposes. Ail construction, maintenance and operation iri connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the charier, 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 Grantee of responsibility and liability for concept, design anccomputation 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=ofoway involved, except as described herein and shown on the hereinabove referred to_Exhibit "A" OFFICIAL RECORD CITY SrC ETAInf FT INOFINI TY 2 4. As a part of the encroachment review and approval process, Grantee, no expense to the City, shall make proper provisions for the relocation and installation of any existing 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 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, 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 reference' 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, Grantee understands 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 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 3 OFFRC ,. _L CITY Sri TARY �x, °'itI WORTH TX management of the encroachments 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 Seventy Five Dollars ($575.00). 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. 8. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-offwvay 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 Grantee that if this Agreement terminates and Grantee fails to remove the Improvement, Owner 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 4 OFFICIAL RECORD CITY SECRETARY T TTrIngritTX public right=ofoway 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 totem 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. 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. • OFT ICIAL RECORD :SECRETARY r 11, 71 iL R` TX 5 inb 13. Grantee covenants and agrees that it shall operate hereunder as an ependent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have oxclusivo 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, Iiccnsees and invitees. The doctrine of respondeat superior shall not apply as botwccn City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing heroin shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. C ' VAIEF_ COVENANTS AND AGREES Mart, AND DOES CD F-RI [' Y C=7tLD C 0 " RRflLNSS AND ID) `,',O0 S, SFRVAC`k1TS AND ANY AN AIM CLAMS ibT P L SUFIS roR PR YID Ff=C\9Io) COM HIS OCbq AND AGf4 IMIST Pr I+=) N G I o LOSS AND/ R PIHNSON V , HMJU Rl(, HMO , JDIIE IG DEATH, 1 ANY NY AND ALL , PERSONS, OF WHATSOEVER KIND OR CHARACT CT A SSE' T I fs, R [ISOM OUT OF OR 01i1 COG` N HUST HNC G=OIL C G`�9STRUC T 0 [U A 0 WH .1IJG G`3��V\9C REAL I brifIITI U, ID)llR , T 0 ,Y Cod ,, OCCU OR L*C��`11JIC��� SAQID) OPu'IPROV HMC ROACHMENT AND USES G CAUS f�D G-0IHR Ala), IN WHOLE OR 11V1 PART, HUNDF,R, kiTH 1 A A\!1CY, US �Pul ENT VA tiff,19 HTHER o R NOT :=ID) NEGLIGENCE or OFFICIAL RECORD CITY SECRETARY 6 Fa: �J i'' : );;;+`r.- �: 'i try u r= RC NJ LHll�l Ahl TS9 UISCCG`fIR GT©RS9LLOcIAS I;=I A ILL H NI I0 PI] YF G-4 OUV V OLU N J 9 C V\ITRAG T °RS h CAW. G 11 vAI V Il Ir clip Ho N Ablv G`\910 AV , [1 , II VJ U RY D� � G'u'd� � G IB it © con ©P Imo;G'- TY ARMING OUT G G3 �6'1BSSO F GR;,V\I y r=� ON `\I V\1 I:E, C, T 11 V1 M T H N Y AN r , OIIS L; '= O C RS AGEV\ITS, 2 CON R „CT*RSq SUBCC®G\ T GRACa 1;4S LQC OR I4I:f:SPASS o) ' 9 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as additional insured, as proof that it has secure' 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: $19C®09t0t General L ii billftty Such insurance policy shall provide that it cannot be canceled ©r 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. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the 7 OFFICIAL RECORD CITY SECRETARY rt • oRTH, TX 1 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 necessa i y 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 Secretaw of the City of Fort Worth, Texas In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys fees. 18. o c� (-i G1 ' _ _ that � it • not • i 7 4=a • • or of • • Grantee covenants and agrees that will assign d all any its rights, privileges or duties under this contract without the prior written approval of the City iVranager or designee. Any attempted assignment without prior written approval will be void. 19. Ti Elk PARTIES AGRES,Iic; THAT TL' 1E DU ICNS AND 0I8)LDGAT 00N hit) 11P: PA TC=H110�06FvNN-itidraN To 1 .,i,� ' C= S Ch IL, L F OFFICIAL RECORD CITY STir4-STARY `, • . 1 I TX 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. E)(FCUTFED this City City of Fort Worth '„ I By:/ g� Fernando Costa, Assistant City Manager LH EST: V� City Secreta day of Grantee Overton Woods Homeowners Assn L Travis sanders President Approved As To Form And Legality ��� �un� Assistant City Attorney � fAr.a 51# *0000000 j} WO M&C REQUifinDar`+ ° F'" �9 O . �aQQ ov� W 9 ZAP; 4p pi 0 N _-000O0000 .ci mtZ411:112S1 • I OFFICIAL RECOR J CITY SECRETARY 9 :FT. WC PTH TX STATE l OF TEXAS COMFY OF TARRANT BFFORF= ME, the undersigned authority, a Notary Public in and for the State of F ran C'_r u nfl `o -i•-d Texas, on this day personally appeared Fernando Costa, known to me to be the person whoso nave 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 Woo, and in the capacity therein stated. GIVEN UNDI R MY HAND AND SEAL OF OFFICE this /71 day of Lein , 20 I • Y../ 0 fie# %%‘%4011 EVONIA DANIELS •*s • MY COMMISSION `'0'Tfi•pc• 0-$1 July 10, 2013 • 10 ancet Notary Public in and for the State of Texas RatORD ETARY STATE OF TFXAS COUNTY OF TARRANT I3EFOR F ME, the uno ersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared L Travis Sanders, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/shc executed the same for the purposes and consideration therein expressed, as the act and deed of Overton Woods Homeowners Association, and in the capacity therein stated. GIVEN UNDFR MY HAND AND SI AL OF OFFICE this ( day of 5,e,v, -t2.yv, infteric , 20 ! 0 . No � Publ in r d=forthe State or -texas io1►! Off DAVID MEDFORD Notary Public, *State of Tens , . . I4 OFF?{ AL RECORD 11 •z{::��Pall �Y�?t r .• tiirr •� r Y, : �. oe7 �� a 5t Yam. Rj : O • 3" GLR F Xl 111110M '1d i z m m 72 "< / CAST STONE GAP ARLIN6TON GA5T STONE MODEL *I2XI2 CG2 OR APPROVED EQUAL STONE TO BE LED&ESTONE SELECTED BY OWNER STONE GAP TO MATCH WALL STONE 1 " 3 -0 4'-O" I'-0"-1 I' 6" T I' 4" 3" GLR -o„ • -o" •)- q" l'-6" I' 4" X I' 6" • --2 SPREAD FOOTER (BELOW) • L WALL / S16N PANEL I'-6' 1' 6" 7,.1-3 1� r_,— —F- ' H I I' o LLL —�— �II J i T 4 I I 14 !_—_0 J—I_•--� STONE COLUMN (BEYOND) FLAB STONE GAP *4 BARS, VERTICAL AT 16" O.G. t -L-----L----L---_L J. J—'I� 3" GLR. -O" 6' SIGN WALL DETAIL SCALE! 1 "■ 1'-0" *4 BARS 4'-0" FILL GELL5 CONTAINING, REBAR WITH 3000 PSI GROUT' )" ' 0 N 4 It L a • r • • • • CAST STONE GAP ARLIN6TON GA5T STONE MODEL *XXXXX OR APPROVED EQUAL i 3'-0" 5'-0" T-0" '-O" STONE TO BE LED6E5TONE SELECTED BY OWNER SPREAD FOOTER 7- (BELOW) it---11 5" I/ 1' 6" 1' 6" l'-G11 1' 6" II 5"--1 r----------r---T---T---T-- 1-1 L I- 1- -I- -I I I I I L---L---_L ___ ___L__--L- 7' SIGN WALL DETAIL SCALE I I ".I'-0" • *4 BARS ai TOP VIEW / I'-0" • l l J I II 1 1 I 1 • 31-0" 4'-0' OVERTON WOODS 17. SIGN PANEL x 13-1/211 FRONT VIEW 15-1/2"-' ,r--12"—�' SECTION MOLD: 12" z 12" CC-2 WALL / SIGN PANEL CONTRACTOR TO ENSURE FOOTER I5 CONSTRUCTED ON A COMPACTED BASE AT 95% PROCTOR OR ON UNDISTURBED 5UB6RADE SCALE, 2"■ 1'-O" STUDI$�"J" 1 SIGN G It Cl tl l' Studio 13 Daton Ora.µ PLLC. 174C1 Md..y R4 Loul.. ilk. T:,w 7iDi6 469.61c 190a 3" 0 PLITIBEFIBWIfirl3r016 3Y Iadmm 0 0 r..1164"0..4 . 1 ,6i ..1C A Dfs ENTRY MONUMENT PLANS rEacr STRUCTURAL PLANS WSOO OVERTON WOODS �' City alFt Worth. 'Dan t Comty. Twat S1 � s sa • i 0 0 2d kaPji ego O »_ 1 1 �`�';1 CORD CITY SECRETARY yARY FT. WORTH, T.