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HomeMy WebLinkAboutContract 47889 CITY SECRET CONTRACT NO. J1N.1j7 2011 '�`01)�RTI'IIC. ?�, EASEMENT ENCROACHMENT LICENSE AGREEMENT 7 Conrfnercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized Planning and Development Director, and FW Rivercrest Bluffs, LLC, hereinafter referred to as "Licensee", owner of the property located at 4831 White Settlement Road, Fort Worth, Texas. ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as BEING A 150 SQUARE FOOT STORM DRAIN ENCROACHMENT AREA LOCATED IN THE ISAAC SCHOONOVER ABSTRACT NO. 1403, TARRANT COUNTY, TEXAS AND BEING A PART OF THAT FINAL PLAT FINAL PLAT OF LOTS 1-10, IX, 4X, 10X, BLOCK 14-R1; LOTS 1-27, IX, 2X, 4X, 5X, 12X, 19X, 22X, 26X, 27X, BLOCK 16-R AS RECORDED UNDER COUNTY CLERK'S FILE NO. D216024769 OF THE RIVERCREST ADDITION TO THE CITY OF FT. WORTH AS RECORDED AS BEING A REPLAT OF BLOCKS 100-102, RIVERCREST ADDITION, VOLUME 310, PG. 91 & 92, PLAT RECORDS, TARRANT COUNTY, TX AND VOL. 386-4, PG. 465, DEED RECORDS, TARRANT COUNTY, TEXAS, an addition to the City of Fort Worth, Tarrant County, Texas (See Exhibit"A"); and WHEREAS, the City has a variable width public storm drain easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "B" and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain private wrought iron fencing with removable bolted panels, fence posts and related appurtenances to provide perimeter fencing for the Rivercrest Bluffs community (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the Encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT I. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2014 Easement Encroachment Agreement-Commercial Page 1 of 9 The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit B for the purpose of providing perimeter fencing for the Rivercrest Bluffs community (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the Director. However, such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any 2014 Easement Encroachment Agreement-Commercial Page 2 of 9 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 the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department of the City, or his duly authorized representative. 4. 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 Three Hundred and Twenty Five Dollars ($325.00). 5. The term 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. 6. It is further understood and agreed upon between the parties hereto that the easements 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 easement 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 easement 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, that does not preclude the use of the Encroachment on the Property for an office building or activities related thereto, 2014 Easement Encroachment Agreement-Commercial Page 3 of 9 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 the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS 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 HIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS 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 THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR INVITEES. 8. While this Agreement is in effect, Licensee 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: $1,000,000 Commercial General Liability 2014 Easement Encroachment Agreement-Commercial Page 4 of 9 with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee 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 "C". 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 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 Licensees' contractors. 9. 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 Encroachment on Easement 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. 10. 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 Encroachment and uses. 11. 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. 2014 Easement Encroachment Agreement-Commercial Page 5 of 9 12. 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 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 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. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Encroachment over or within the described Easement and is not a conveyance of any right, title or interest in or to the Easement 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. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 2014 Easement Encroachment Agreement-Commercial Page 6 of 9 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City Planning and Development Director, and any attempted assignment without such written approval should be void. 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 18. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED thi"'�ay of 2q City Licensee: City of Fort Wort FW Rivercrest Bluffs, LLC By: By: O- 4 Is Randle Harwood, Director Name: Michael Dike �-----�Planning and Development Title: Manager &C P01"30-T RED ATTEST: Approved As To Form and Legality Fop 0000 vs, City Secretary V go istant Ci&Attorney OFFICIAL RECORD p°°° CITY SECRETARY Page 7 of 9 2014 Easement Encroachment A dim g FT. WORTH, TX 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 Randle Harwood, 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 Y HAND AND SEAL OF OFFICE this day of . ?U CASSANDRA F. FOREMAN 2 {��= Notary Public•State of Texas % �.. �+ my Apiirl 26! 201x7 Nota tc in and for the State of Texas 2014 Easement Encroachment Agreement-Commercial Page 8 of 9 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 Michael Dike, Manager 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 FW Rivercrest Bluffs, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of IA4261 20 . .•"""''. JANE ERWIN 801JUVARE Notory Public. Stote of Texos Comm.Expires 10-117-2019 N ary Public in and for the ayeo��rc Notary ID 12877818 State of Texas 2014 Easement Encroachment Agreement-Commercial Page 9 of 9 EXHIBIT"A0 STORM DRAIN ENCROACHMENT AREA FIELD NOTES BEING A 150 SQUARE FOOT STORM DRAIN ENCROACHMENT AREA LOCATED IN THE ISAAC SCHOONOVER ABSTRACT No. 1403, TARRANT COUNTY,TEXAS AND BEING A PART OF THAT FINAL PLAT FINAL PLAT OF LOTS 1-10, 1X, 4X, 10X, BLOCK 14-111; LOTS 1-27, 1X, 2X, 4X, 5X, 12X, 19X, 22X, 26X, 27X, BLOCK 16-R AS RECORDED UNDER COUNTY CLERK'S FILE No. D216024769 OF THE RIVERCREST ADDITION TO THE CITY OF FT. WORTH AS RECORDED AS BEING A REPLAT OF BLOCKS 100-102, RIVERCREST ADDITION, VOLUME 310, PG. 91 & 92, PLAT RECORDS, TARRANT COUNTY, TX AND VOL. 386-4, PG. 465, DEED RECORDS, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS DESCRIPTION AS FOLLOWS: COMMENCING ATA 1/2" IRON ROD FOUND, SAID IRON ROD BEING IN THE SOUTH LINE OF REPLATOF SAID RIVERCREST ADDTION; THENCE S 89'48'37" E ALONG THE SOUTH LINE OF SAID RIVERCREST ADDITION A DISTANCE OF 4.47 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STORM DRAIN ENCROACHMENT AREA; THENCE N 00011'23" E A DISTANCE OF 10.00 FEET TO A POINT; THENCE S 89'48'37" E A DISTANCE OF 15.00 FEET TO A POINT; THENCE S 00'11'09" W A DISTANCE OF 10.00 FEET TO A POINT, SAID POINT BEING IN THE SOUTH LINE OF SAID RIVERCREST ADDITION; THENCE N 89°48'37" W ALONG SOUTH LINE OF SAID RIVERCREST ADDITION A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 150 SQUARE FOOT OF LAND, MORE OR LESS. OF T� CHRISTOPHER K.BRADLEY 5251 SURv REFERENCE DATUM 1.aMdrgs,Dlatarms and Coordlnales shown hereon are referenced b the Taxes CoadRbb SYSISM d 1983,North Cental Zona Gdd and based on the North Amadcan Datum of 1983. ..a _i mMeera , "� , A ` ,a ni w,w,..e• P e, �. I " 5, RIVERCREST ADDITION SCALE I"=200' COUNTY CLERK'S FILE No.D216024769 - = II ' " °•°R R^, AN ADDITION TO CITY OF FORT WORTH, TARRANT COUNTY,TEXAS 1 I z1 S _b°. 17 I66 i aoc, .�+• E S I jj11 . t5 "t 1: + 14 r° LINE TABLEAN I��i A a. 1. Sve r J? ,F✓ E E w• Lt S 89'48 37 E ANC !647 — a"' n� LZ N 00 11 23 E .00l3 S 89.4837 E 500L4 S 00 11 23 W 0.00 I _ - LS N 89'48 37 W 15.00 -I ' T • >. CHRISTOPHER KINNY BRADLEY Fd �� a ' i ;' �,�,6��-: ..«.Y......»...............»,.........�... 5251 �: » Via, �i f S U R`j 4• 1 1 4 POINT OF J, - COMMENCIN' " ( _ F :IF � r° •_%`SEE DETAIL- nS^ '4 I hereby state that this survey was made on the ground of the property iegelly described hereon, ai and Is to the best of my knowledge correct,and that there are no discrepancies,eonRkXs,shortages in area, boundary Ilne con9lcts,encroachments,overtapping of Improvements,easements STORM DRAIN or Orr of way,except as shown hereon.Surveyed Aprll 2016. ENCROACHMENT AREA FIELD NOTES BEING A 150 SQUARE FOOT STORM DRAIN ENCROACHMENT AREA LOCATED IN THE ISAAC CHRISTOPHER KINNY BRADLEY R-.115251 SCHOONOVER A&WRACT No.1403,TARRANT COUNTY,TEXAS AND BEING A PART OF THAT FINAL PLAT FINAL PLAT OF LOTS 1.10,3X,4X,10x,BLOCK 14-111;LOTS 1-27,IK,2X, 4X,SX,12X,19X,22X,26X,27x,BLOCK I"AS RECORDED UNDER COUNTY CLERK'S FILE No.0216024769 OF THE RIVERCREST ADDITION TO THE CITY OF FT.WORTH AS RECORDED AS BEING A REPLAT OF BLOCKS 106102,RIVERCREST ADDITION.VOLUME 310,PG.918 92,PIAT RELOADS,TAXMAN COUNTY,TR AND VOL ULM41,ARL PG.SCSI DEED RECORDS,TIESA // DETAIL EXHIBIT 'FBI I TAMANT DESCRIPTION TEXAS AS AND BEING MORE PARTICULARLY DESCRIBE BY METES AND BOUNDS DESCRIPNgN AS FOLLOWS: COMMENCING AT A 1/r ORION ROD Ft7UN11,SAID IRON ROD BEING IN THE SOUTH UNE OF CAREA ES REHAT OF SAID RIVERCREST ADDTION; THENCE S BE•4E'3T'E ALONG THE SOUTH LINE OF SAID RIVERCREST ADDITION A DISTANCE POINT OF L3 EXHIBIT SHOWING OF 4A7 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STORM DRAIN COMMENCING ENCROACHMENT AREA; J { STORM DRAIN p THENCE NOC•11'23'E A DISTANCE OF 10.1X1 FEET TO A POINT; - ENCROACHMENT AREA THENCE S 69*48*37"E A DISTANCE OF IS.00 FEET TO A POINT; L1 L / LOCATED IN THE THENCES011.11'09'W ADISTANCE OF 30.00 FEET TO A POINT,SAID POINT BEING IN THE \\ vGINNO.G N�wAITRSBO�T 150 SQ.FT. SOWN LINEawDRNERCtE57 ADDITION; / ISAAC SCHOONOVER z-Ix.SAX,z. THENCE N EET TO TH W MONO SOUTH UNE A DC CONTAINING 1 ADDITION A DISTANCE WL p R.jC . SURVEY A-1403 OF 15.00 FEET 70 THE POINT OF BEGINNING AND CONTAINING 150 SQUARE FOOT OF LAND,MORE OR LESS. / FORT WORTH SURVEYING 107 E.COLLEGE AVE ALVARADO TEXAS,76009 817-790-5900 JOB# 2014017 DATE: 04-11-16 DRAWN: CGH CHECKED: CKB FIRM NO.100784-00 EXHIBITICrr AC RLP CERTIFICATE OF LIABILITY INSURANCE FV7/2M(MIMMIN DATE �' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION 18 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holdor In liqu of such widortemenosy PRODUCER CONTACT RAM Legacy Texas Insurance Services PHONE H 972-461-7300 �_ T_ _ FAX 972-481-7340 707 E Arapaho Rd. - - -—-- - - Suite 200 �REss•customerservice@legacy-texas.com Richardson TX 75081 Ins AFFoaallo COVERAGE NAIL a INSURER A:Mid Continent Casualty Company#42- 23418 INSURED FWRIVER-02 INSURER a: FW Rivercrest Bluffs LLC INSURER C: 2817 W 5th St,Ste B Fort Worth TX 76107 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1532561535 REVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 VRTH RESPECT TO WHICH THIS CERTIFICATE 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. 0LTR M TYPE OF INSURANCE j POLICYNUMeER fPO Y EFF &WWF LIMITS A X I COMMEIWALGEWPALLIA6aJTY Y 04G�000945680 9!26/2015 9,'2611016 EACH OCCURRENCE Si. WAOD CLAIM94WAZE X OCCUR EM n 5100400 MED EXP(Any ono ) S PERSONAL6ADVeLRJRY $1000.000 GENL AGGREGATE LIW APPLIES PER GENERAL AGGREGATE s2000,000 X POLICY JJERCT LOC PRODUCTS-COMPIOPAOG 62000,000 OTHER F Is AUTOMOBILE LIABKM I I I IgS a = ;S ANY AUTO EMILY INJURY(Pw ponoo) s e D � EMILY INJURY(Por seadent) s - HIRED AL?OS ,AUTOS tP .ROPEff lOerXMAGE S S w"RELIAH L)Aa OGCLIR EACH OCCURRENCE S EXCESS LJAa CLAIMS-MADE AGGREGATE 9 DEO I F RETENTIONS S WORKERS COMPENSATIONYERT UTE ER" AND EMPLORS'LIABILITY ANY PROPRIETORJPARTNERMEXECUTNE NIA E L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (�MyyaMentdalwy In NH) E L.DISEASE EA EMPLOYEE S OESCRTION O OOPERATIONS Wow E L DISEASE-POL.CY LIMIT 15 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VENICM(ACORD 141.AddAbnal Re narks Be'ydds,may be MbaMd N rowe span is r&**@0 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 711E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN Oty of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 10W Throdoawrton Sc Fort Worth TX 78102 f �.�/�/4� Z)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD