HomeMy WebLinkAboutContract 51691 CO NTRACT NO � &Lq
R�CENED
DEC 2 0 201a EASEMENT ENCROACHMENT LICENSE AGREEMENT
CI ckrl sECE WI H
Residential
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH ("City"), a home rule municipal corporation of Tarrant County, Texas, acting by and
through its duly authorized City Manager, Assistant City Manager, or Planning and Development
Director, and TJ Gaines Jr and Jacquelyn Gaines ("Licensee"), owner of the real property
located at 3751 Stoney Creek Court, Fort Worth, Texas 76116 (the "Property"), more
particularly described in the attached Legal Description.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of
the Property, attached as "Exhibit C" and incorporated herein for all purposes; and
WHEREAS, the City has a drainage easement (the "Easement") in the Property as
shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for
all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements
which will encroach in, on, above, or below the City's Easement; 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 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 in, on, above, or below and occupy a
portion of the City's Easement as described in and at the location shown on Exhibit A, but only
to the extent shown thereon, for the purpose of installation of a retaining wall (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible
for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise
Easement Encroachment Agreement- Residential Page 1 01 14
Revised 1 1/20MD
i f-V SECRETARY
FT. WORTH,TX
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, or operation in connection with such Encroachment, use,
or occupancy shall comply and be performed in strict compliance with this Agreement and with
the Charter, Ordinances, 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, or their duly authorized representative. Prior to the construction of the
Encroachment, Licensee shall submit all plans and specifications to the applicable Director or
duly authorized representative. Licensee shall not commence construction of the Encroachment
until such approval shall be indicated in writing by the applicable Director or authorized
representative. 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, 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 securing the approval and consent of the appropriate utility companies and 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 or 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 the 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, or their duly
authorized representative.
4.
Licensee agrees that the 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, or for any other
Easement Encroachment Agreement- Residential Page 2 of 14
Revised 11/2018
public purpose. The City shall bear no responsibility or liability for any damage or disruption or
other adverse consequences resulting from the Encroachment installed by Licensee, but the City
will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no expense to
the City, remove the Encroachment and restore the Easement to a condition acceptable to the
Director of Transportation and Public Works or the Director of the Water Department, or their
duly authorized representative, 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 Encroachment as directed and restore the Easement, Licensee hereby gives the City
permission to remove the Encroachment and any supporting structures and assess a lien on the
Property for the costs expended by the City in taking such actions.
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 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 Five Hundred Dollars
($500.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date this
Agreement is executed by the City. However, this Agreement may be terminated upon
Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in
writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be
deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days,
in which case this Agreement shall be deemed terminated in the event that Licensee fails to
commence and take such reasonable steps as are necessary to remedy the noncompliance within
thirty (30) days after written notice specifying the same, or having so commenced, thereafter
fails to proceed diligently and with continuity to remedy same.
Easement Encroachment Agreement- Residential Page 3 of 14
Revised 11/2018
8.
It is further understood and agreed upon between the parties hereto that the Easement to
be used and encroached upon is 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 Easement to be used for any other public purpose that does not
preclude the use of the Encroachment on the Property, including but not being limited to
underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of
natural gas 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.
9.
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, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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.
Easement Encroachment Agreement- Residential Page 4 of 14
Revised 11/2018
10.
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 insurance policy 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:
$300,000
with the understanding and agreement by Licensee that such insurance amounts may be revised
upward at City's option and that Licensee shall so revise such amounts immediately following
notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended
without at least thirty (30) days prior written notice to the Building Official of the City. A copy
of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all
purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the
anniversary date of the execution of this Agreement.
Licensee agrees, binds, and obligates itself and 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 Easement. All
insurance coverage required herein shall include coverage of all of Licensee's contractors and
subcontractors.
11.
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 Agreement in the real property
records of Tarrant County, Texas. After being recorded, the original shall be returned to the City
Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes,
ordinances, codes, and regulations in connection with the construction, operation, and
maintenance of the Encroachment and uses.
Easement Encroachment Agreement- Residential Page 5 of 14
Revised 11/2018
13.
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.
14.
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.
15.
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.
16.
In any action brought by the City for the enforcement of the obligations of the Licensee,
the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive the
termination of this Agreement.
Easement Encroachment Agreement- Residential Page 6 of 14
Revised 11/2018
18.
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 the City, and any attempted assignment
without such written approval shall be void. In the event Licensee conveys the Property,
Licensee may assign all of its rights and obligations under this Agreement to the new owner of
the Property, and Licensee shall be deemed released from its duties and obligations hereunder
upon City's approval in writing of such assignment, which approval shall not be unreasonably
conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured
lender by Licensee in the event of default or otherwise shall not require City approval provided
that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment
and assumes all of Licensee's rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective
as to City unless and until written notice of such foreclosure or assignment is provided to City.
19.
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.
20.
This Agreement shall be binding upon the parties hereto and their successors and assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Easement Encroachment Agreement- Residential Page 7 of 14
Revised 11/2018
City: Licensee:
CITY OF FORT WORTH TJ Gaines Jr. and Jacquelyn Gaines
By:
Randle H ood, Director Name: TJ Gaines Jr
Planning& Dev lopm t Title: Owner
Date: 1z In M Date: 12— y/ R-1
(:::�/By:
Name cquelyn Gaines
Title: Own
Date: T�-
ATTEST: OR
Approved As To Form and Legality
City Sec t4 Assistant City Attorney
T6,
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporti g requirements.
Janie S. Morales
Development Manager
Easement Encroachment Agreement- Residential OF�IQ4MORD
ieE SECRMY
FT, WORTH,TX
1 ' 1
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 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.
q GIVEN UNDER MY HAND AND SEAL OF OFFICE this(9nday of �� �
20 11 .
JENNIFER LOUISE EZERNACK
Notary Public, State of Texas
Comm. Expires 03-01-2020
Notary (0 130561630
Notary Pu1i in and for the State of Texas
After recording return to:
Planning & Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Easement Encroachment Agreement- Residential CITY 5ECNM1
FT. W� ,i�0
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 TJ Gaines Jr., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he or she executed the
same for the purposes and consideration therein expressed, as the act and deed of 3751 Stoney
Creek Court, Fort Worth, Texas, 76116, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day ofC. ,
20 tg
KATIE PELUSO
�nSNota,y Public,State of Texas
Comm. Expires 09-25-2022
Notary Public in and for the '�n° , Notary ID 129973144
State of
OFFICI
Easement Encroachment Agreement- Residential CMage 10 of 141
"Revised 11/201 11
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 Jacquelyn Gaines, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he or she executed the
same for the purposes and consideration therein expressed, as the act and deed of 3751 Stoney
Creek Court, Fort Worth, Texas, 76116 and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of� ,( .,
20 'll S
%loft;'••""•••KATIE PELUSO
Notary Public,State of Texas
= . Comm.Q� Expires 09-25-2022
,'� Notary 1D 129973144
Notary Public in and for the '��...
State of S
O�=��ld��� r
Easement Encroachment Agreement- Residential y RD
els
FT. VUMTH+ 1'X
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement- Residential Page 12 of 14
Revised 11/2018
Exhibit A
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Residential Page 13 of 14
Revised 11/2018
Exhibit B
d' -1 ii1 1 A L I1 J
interes-ts , . 3, ,;.y,,i;r
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This form is not the contract of insurance.It is a memorandum of coverage limited to mortgagee/other interests,provided at their
request and applicable to the dwelling or building at the location below.The provisions of the policy will prevail in all respects.This
certificate of insurance does not affirmatively or negatively amend,extend,or alter the coverage afforded by the insurance policy.
Should the insurance policy be cancellea by ine company before the expiration dace thereof,notice vviii be given in accordance with t-e
policy provisions.
Policy Number: 32180-37-31 Underwritten By: Texas Farmers Insurance Company
PaiicyType: Farmers Smari Pian Home i 57x0 Lorug'v"i,'d D,
Policy Status: In Force Austin,TX 78728
Term Effective: 12/4/2018 12:01 AM Your Farmers Michael T Palmer
Renewal Date: 12/4/2019 12:01 AM Agent: 424 Belmont St
Insured: Jacquelyn Gaines Saginaw,TX 76179-1619
3426 W 7th St (817)546-0282
Fort worth,TX 76107-2719 FAX:(8 17)778-0021
m palmer4@farmersagent.com
Your Insured Property
Property Address
3751 Stoney Creek Ct, Fort worth,TX 76116
Coverages
Coverage Limit Coverage Limit
Coverage A-Dwelling $442,000 Coverage B-Separate Structures $22,100
Extended Replacement Cost 10%($44,200) Coverage D-Loss of Use $88,400
(In Addition to Coverage A Limit) - - -
- Coverage F-Medical Payments To Others $5,000
Coverage C-Personal Property $331,500 - - - -
Contents Replacement Coverage Covered Building Ordinance or Law
(10%
Coverage E-Personal Liability $500,000 e Coverage A or B)
Coverage A $44,200
Personal Injury Covered Coverage B $2,210
Identity Fraud Expense Coverage $15,000 Roof Materials Loss Settlement Replacement
Limited Matching Coverage for Siding and $10,000 Cost Value
Roof Materials
Deductible
Deductible
Applicable to each covered loss except Windstorm or Hailstorm/Tropical Cyclone $1,500
Windstorm or Hailstorm(1%°of Cov.A Limit) $4,420
Tropical Cyclone(1%of Cov.A Limit) $4,420
farmers.com
25-8975 9-13 Page 1 of
Exhibit B
Evidence of Insurance for Mortgagee/Other Interests(continued)
Percent Deductibles adjust with changes to Cov.A Limit
farmers.com
25-8975 9-13 Page 2 of 3
Exhibit B
of lrsurarce for Nlortgagee!Clther interests(con_in i,ied'
L Y 11,.1♦.1(�. .
Mortgagees and Other Interests
1st Ltortgagee Loan Number Effective Date 2nd Mortgagee
waterstoneMortgage 1804406300 G/J/Gl IU 'NGinpviica�,c
Corporation
C/O Central Loan
Adminisration&Reporting
PO Box 202028
Florence,SC 29502-2028
Premium Details
Annual Premium: $2,672.86
Fees: $0.00
Total Premium: $2,672.86
Balance Due: $0.00
Who Pays: Insured/Mortgagee
Nlortgagee Deductible Clause
The following provision applies only if mortgagee is named in the Declarations,and the mortgagee has foreclosed on the property
prior to the date of loss:
The applicable deductible for any interest of any mortgagee will be the smallest of the following amounts:
(1) the deductible stated in the Declarations;or
(2) $1,000.
This provision does not apply to loss or damage from earthquake(if covered)or hurricane,where a separate,increased deductible
applies to loss or damage caused by that peril.
12/14/2018
Authorized Representative Date
farmers.com
25-8975 9-13
Page of
EXHIBIT C
Metes and Bounds Legal Description of the Property
Easement Encroachment Agreement- Residential Page 14 of 14
Revised 11/2018
Exhibit C
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