HomeMy WebLinkAboutContract 47890 CO SECRETARY 7 b
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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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 100 SQUARE FOOT SANITARY SEWER 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 I-I0, IX, 4X,
IOX, BLOCK 14-R1; LOTS 1-27, IX, 2X, 4X, 5X, I2X, 19X, 22X, 26X, 27X, BLOCK 16-
R AS RECORDED UNDER COUNTY CLERK'S FILE No. D2I6024769 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 sanitary sewer 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
1.
The City, in consideration of the payment by the out below
OFFICIAL RECORD
2014 Easement Encroachment Agreement-Commercial CITY SECRETARY Page ] of 9
FT.WORTH,TX
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 a 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 KIND 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 t h i 2/�
City Licensee:
City of Fort Worth FW Rivercrest Bluffs, LLC
By: By: / r\.-4
Randle Haood, Director Name: Michael Dike
Planning and Development Title: Manager
NO M&C 7l,EQUIJJIR D�
ATTEST: Approved As To Form and Legality
i
ity Secr 0 Assistant ity Attorney
00
2014 Easement Encroach ement- gal OFFICIAL RECORDCITY SECRETARY Page 7 of 9
F 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.
-4;�IVE_N T NDE.R.My HAND AND SEAL.OF OFFICE this � day of
C�
, 20
CASSANDRA F. FOREMAN
Notary Public,State of Texas
My Commission Expires
Aprli 2b, 201 7
tart'Public in and for the State of exas
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 151'" day of
C I 20_L(o .
JANE ERWIN BOUIWARE
Notory Public,state of Texas
comm. Expires 10-17-2019 otary Public in and for the
Notary ID 1287 71818
State of Texas
2014 Easement Encroachment Agreement-Commercial Page 9 of 9
EXHIBIT"A'
SANITARY SEWER
ENCROACHMENT AREA
FIELD NOTES
BEING A 100 SQUARE FOOT SANITARY SEWER 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 AT A 1/2" IRON ROD FOUND,SAID IRON ROD BEING IN THE SOUTH LINE OF REPLAT OF
SAID RIVERCREST ADDTION;
THENCE S 89'48'37" E ALONG THE SOUTH LINE OF SAID RIVERCREST ADDITION A DISTANCE OF 1.70 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED SANITARY SEWER ENCROACHMENT AREA;
THENCE N 00°11'09" E DEPARTING SOUTH LINE OF SAID RIVERCREST ADDITION A DISTANCE OF 10.00
FEET TO A POINT;
THENCE S 89°48'37" E A DISTANCE OF 10.00 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 10.00 FEET
TO THE POINT OF BEGINNING AND CONTAINING 100 SQUARE FOOT OF LAND, MORE OR LESS.
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CHRISTOPHER K.BRADLEY
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CERTIFICATE OF LIABILITY INSURANCE °A�"`�°°" 1
F,2/7/2015
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 carllflcate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an ondomement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsamen s.
PRODUCERTACT
NAM:'
Legacy Texas Insurance Services PHS .972-461-7300 FAX .a 972-061-7340
707 E Arapaho Rd. -- - _ - -- - --- —
Suite 200 aSs customerservice@legacy-texas.com
Richardson TX 75081 INSAFFOADINO COVERAGE NAIL r
IINSURER A:Mid Continent Casualty Company#42- 23418
W3URED FWRIVER-02 INSUIteR 0:
FW Rive=est Bluffs LLC INSURER C:
2817 W 5th St,Ste B
Fort Worth TX 76107 INSURER D
INSURER E
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COVERAGES CERTIFICATE NUMBER:1532561535 RIEVISION
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 WITH 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.
-ADIDEMM POLICY
`ISR TYPE OF INSURANCE 1 sols WVD POUCY NUMBER DA&MOn9FF F�Y %� LIM"S
A X COMMERCIAL GENERAL LIABILITY Y 04GL'000945680 9126/2015 9,2612019 EACH OCCURRENCE 51,000.000
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CLAIMS.YACE X OCCUR MgMES M4 0:04mim) 51001000
MED EXP(Any one person) S
PERSONALLADVINJURY 11000,000
GENL AGGREGATE LIMI'APPLIES PER GENERAL AGGREGATE $2000.000
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTE WILL BE DELIVERED IN
Cfty Of Fort Worth ACCORDANCE WRH THE POLICY PROVISIONS.
IOW Throdcmorton St.
Fort Worth TX 78102 AuT�oRD ,m
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