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HomeMy WebLinkAboutContract 42978ei Y SECRETARYCONTRACT )0 �� q �� EASEMENT ENCROACHMENT LICENSE AGREEMENT THIS AG EMENT is made and entered into by and between THE CITY OF FORT WORTHS a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager or duly designated Assistant City Manager, and Waterview Estates LP, hereinafter referred to as "Licensee", owner of the property located at 5645 Grenada Drive and 5516 Thunderbay Drive, front and rear entrances ("Property"). RECI AIL WHEREAS, Licensee is the owner of certain real property described as Waterfront at Enchanted Bay, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 15363, Page 22 Tract 3, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a 10 foot utility easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein, and WHEREAS, Licensee desires to construct/place a wrought iron access gate ( the "Encroachment") 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 approve allowing 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 upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or OFFICIAL RECORD C1'1�1' SeaREiARY Ft WORTH9 TX 1 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 perfoinied in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Water Depai linent of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the 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 of Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. Should it become necessary to remove the Encroachment to install, repair, replace or maintain improvements to City public facilities or utilities in the Easement, the Licensee shall remove the Encroachment at the Licensee's expense. The City shall furnish the Licensee with notice if removal of the Encroachment is deemed necessary by the Water Department. Licensee agrees that upon request of City, and within 30 days from the date of such request, to relocate the Encroachment away from the Easement and to restore the Easement to its original condition all at the sole cost and expense of Licensee. 2 4. The Licensee further agrees that City shall have the absolute right at its discretion to terminate this license or refuse to allow the Licensee to continue to have the Encroachment over, under or across the Easement if the City determines that the Easement is being substantially damaged by the Encroachment, or that the Encroachment otherwise places an undue burden on the operation of the municipal utility(ies) system or in the event the Licensee fails to comply with the provisions of this Agreement. City shall furnish Licensee with notice requiring the removal in a time period as is reasonable under the circumstances. After receipt of such notice, the Licensee shall thereafter immediately remove the Encroachment and restore the Easement to the same condition as existed prior to the installation of the Encroachment. In the event the Licensee fails to promptly remove the Encroachment and restore the Easement within the time required by the notice, the City may remove the Encroachment and restore the Easement and assess a lien on the Property for the costs expended by the City to remove the Encroachment. 5. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two Hundred Seventy Five Dollars ($275.00) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. 6. 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, 3 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. 7. 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 respondent 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. 8. 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 in not a conveyance of any right, title or interest in or to the Easement 9. 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. 10. 4 The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 11. 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, and any attempted assignment without such written approval should be void. 12. 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. 13. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED thisYA day of City City of Fort Worth By: Fernando Costa, Asst. City Manager ATTEST: Yr) G._(--- , 20 ) 4Dt r View Es la ct-kS LP, AND-' c x a.S' Sy: CeNTRMZ- A 2; tic a. bxAr 1l mare /,chi Licensee :c7,"G-7,ttc .)t4r t...:ice ila011,5 i+5 /r a t h 4t.sre Name: Mebrd&cl t4�*tedi Title: M a r A. S c n L4_ 519 lct Tattflorf xat1on Date -_ VORivoc,`` {� ,, pia. o Q p►a �� Fi 1:1 C g (404 0 „ 0 0 0 i' z 0 cs %?l)\h1Q `dQ O C gi 0pb oa � I1 Ia 0000 :,j, 5 Approved As To Form and Legality ssistant City Attorney • Pc*b'4ncrshP -�'� c o nv itm Y p4ri-••cr °eb`paen OFFICI RL ©O RD wee` SECRETARY 7; ` EilNit� f 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 Fernando Costa 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 MY HAND AND SEAL OF OFFICE this otAth 20 a_4411..•.4•310.1h6i 3Z1020liM.!il dVs-Watt . ILi ilia .Etta Ld .w.�'7 art • • a iNW S-Ts w''': 't1- LINDA M. WRINGER MY COMMISSION EXPIRES February 2, 2014 rn Notary Public in and for theState of Texas 41/4 c(c. day of Tr l OFFICIAL REGORD CITY SECIV'fifiRY 6 I� V . STATE OF TEXAS DI-tinS COUNTY OF T-��'R�� .t a Notary public in and for the State of e ed authority, M°A1e� 1 , lcno�,nto me t°BEFORE MEN the undersign ��� � �' ed to personally appeared and acknowledged Texas, on this day p instrument, and consideration therein expressed, as the person whose name is subscribed to the foregoing me that he/she executed the same for the purposes capacity therein stated• the act and deed of the Grantee, and in theP GEN UNDER MY HAND AND SEAL OF OFFICE this ofc , t la �� ,20 • • otteetil `♦ • sir is • • • • • TAMI DAWN BURKETT Notary Public, State of Texas My Commission Expires 1. j p• }41' `N% s M . • M •▪ b• November 14, 2015 --+.— �-tiler-' .. Notary to public i day State of Texas OFFICIAL RECORD CITY SECRETARY ET. WORTH, TX JJJIr<,rc,; PC. COG T. 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I —•- F�. rr'T Yrnl( Z01,j1 MAP N(' 44.4 1. l:)K DOF NO. 4 77 sq- .r. • 3 20'-0" o THE SHADED AREA SHALL BE REMOVED, MAKE THE CUT ALONG THE B/W ±560.20 • •.\ , ' / 1 • CX. 8" SAN SWP •--•- - .._..! __ ..._.- .- _ _-� . nor- NO. 4472 • : ry'rr11J.:..,._ • 'lAf' 1') 1,1.• r• tic .1 •1:44 i'):-I t.14:4 ott' t?:'', 1t' `Y-1-11 .:'� '(1(?'i I 'I '1.1. (1% 1 i''..111('1`t) --...- • • , • • • ewe Ir\ EX. 5'x3` RC13-. STRt.I - - 0• s 'O. `' .L -_, . ..r. a. . —tee: .-_—..--..--•. ,•---_,•_. .._, �... ......... r . -• •• - •_ .-.. t.....-.r.-.;.. - • _ • -�• . • / X • •• \ • • \ % / \ .. `\ • / \ \./ • / • '\i' \• / -'��. , •`Y• ,A; • J �. ` , •n �` • If\ ..\. \cam! ), '' ':\' • ''1 / \ /� i \ i'7111T:' Filt.F is 4rirWk. i .A. .SL!i 1,. 11: ; t 1'.R !.t..1. JOINTS SUCH THAT TOP -OF -WALL APPROXIMATELY MATCHES PROPOSED GRADE BEHIND WALL. INSTALL CAP COURSE TO MATCH EXSTG. Propose grade behind wall I I 1 t 1 1 1, ......L I 1 .._.Jl. �. .I.. I JJ 1 I 1 I 1_1 • • .•.,•. 0 NORTH ENTRANCE GATE DEMOLITION & PAVING PLAN A ',1- 1 0' EXCAVATE EXSTG. GRADE .1 -� k�• i` i, Y 1.1111 it LI Cl 1.:1' I:,• Pr n" 1 t. VARIABLE NEW 6" CONCRETE PAVEMENT • NEW 6" CURB I- -1 6" REINFORCED CONCRETE PAVEMENT 3600 psi; 0 28 days 1 I 1 t t 1 41 • 1 t•~ �t.()1� =� r •' •. J .t Eft4 ro k pkeski• Weft ENTRANCE •+C GATE .1.-75� \tg T. J.. ›"4 TFFUIVJER 50.0' ACCESS ESMT. PROP'D, ±81' BACK-TO-BACK CUL-DE-SAC 24" • EXISTG. ±41' BACK-TO-BACK CONCRETE PAVEMENT EXISTING CURB TO BE REMOVED FULL -DEPTH SAW -CUT. SEC NOTE 2. ._.._...._..•.••••..•.•...- .•--_...w... NO. 5 x 30" RVBAR t, . •I • • 1 , 4 • II 1 Waterfront at Enchanted Bay Bi-parting Vehicle Gates Anti -lift Gate Catch - aterials Gate Frame Pickets Vertical Roller Posts Wheels Anti -lift gate catch V-track Paint 32' Clear Opening 4"x2",11 ga bottom rail 2"x2", 11 ga frame 3/4" x6' pressed point pickets, 6" o/c Dual 4",11 ga with "H" bracket 6" steel power wheels ORION custom weldment ORION custom. track Prime and paint standard black At coma CERTIFICATE OF LIABILITY INSURANCE CTMGT-1 OP ID: KELB DATE (MM/DD/YYYY) 01 /04/12 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(ies) must be endorsed. If SUBROGATION IS 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 holder in lieu of such endorsement(s). PRODUCER 972-512-7700 Hotchkiss Insurance Agency LLC 972-512-7799 PHONE FAX 4120 International Pkwy. #2000 (A/C, No, Exf: I (A/C, Nor Carrollton, TX 75007 E-MAIL Brad Burnham ADDRESS: INSURED CTMGT Group (ETAL Per Notepad) 1221 IH 35E Suite 300 Carrollton, TX 75006 COVERAGES CONTACT NAME: INSURER(S) AFFORDING COVERAGE INSURER A : Association Insurance Co INSURER 8 : INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: NAIC # 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/YLIMITS LTR INSR WVD POLICY NUMBER (MM/DDYYYI (MM/DD/YYYYI GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY I I PRO I I LOC AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED AUTOS X HIRED AUTOS UMBRELLA LIAB EXCESS LIAB DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY .N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE N/A PKG011093800 09/08/11 09/08/12 PKG011093800 09/08/11 09/08/12 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102-6312 ACORD 25 (2010/05) CITYFT8 CANCELLATION EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE I ORY LA ITS IOER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Liates 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME CTMGT Group CTMGT-1 OP ID: KELB PAGE 2 DATE 01/04/12 NAMED INSUKtU SUHtUULt: CTMGT Group 19 FM, LP 261 CW Springs Allen Partners Broofield Acquisitions, LP CTMGT Coppell, LLC CTMGT Granbury, LLC CTMGT Travis Ranch II, LLC CTMGT Travis Ranch, LLC Lexington 281 One Carter Ranch One Creekside S hahan Prairie, LP Travis Blue Goose U DF Northpointe, LLC Waterview Estates North, LP Waterview Estates, LP NAMED INSURED SCHEDULE (continued): CTMGT Land Holdings One Verandah, LP Carrollton TH, LP FM 4 Plus,, LP CTMGT Hidden Lakes LLC P ine Trace Village, Lit Valencia on the-LLake, LP CTMGT Lots Holdings CTMGT Crownridge Woods Chinn Chapel U DF Sinclair, LP 287 Waxahachie, LP Gibon McCrorey Holdings, LLC 130 Windmill Farms LP One Prairie Meadow Ltd Twin Lakes Plaza High Trophy Development, LLC NAMED INSURED SCHEDULE (continued): WS Mineral Holdings, LLC 165 Howe, LP Shale 2951LLCP CTMGT Montalcino, LLC M&C Review Page 1 of 1 CITY COUNCIL AGFNO� COUNCIL ACTION: Approved on 3/6/2012 DATE: 3/6/2012 REFERINCE NO.: Official site of the City of Fort Worth, Texas FORT WORTH -Thirr 06WATERFRONT AT ENCHANTED **C-25459 LOG NAME: BAY GRENADA THUNDERBAY DR ACCESS GAT CODE: C TYPE: CONSENT PUBLIC NO FEARING: SUBJECT: Authorize Execution of an Easement Encroachment Agreement with Waterview Estates, LP, for the Construction of a Wrought Iron Access Gate that will Encroach Upon a Ten Foot Wide Utility Easement at 5645 Grenada Drive (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that City Council authorize execution of an easement encroachment Agreement with Waterview Estates LP, for the construction of a wrought iron access gate that will encroach upon a ten foot wide utility easement at 5645 Grenada Drive. DISCUSSION: Mr. Mehrdad Moayedi on behalf of Waterview Estates, LP, has requested approval to encroach into a ten foot wide utility easement to construct a wrought iron access gate at 5645 Grenada Drive. City Staff from both the Transportation and Public Works and Water Departments have viewed this encroachment request and recommend City Council approval. The fee for the privilege granted by this Agreement will be $275.00. The term of the Agreement will be for 30 years. The property is in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 421232 0062000 $275.00 Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS GRENADA DR EN 1 RANCE GATE adf KALTENBRUN RD ENTRANCE GATE.pdf Waterfront(cr�,Enchanted BavLocMap. pdf Fernando Costa (6122) Randle Harwood (6101) David schroeder (2239) Cassandra Foreman (8188) http://apps.cfwnet.org/council packet/mc review.asp?ID=16427&councildate=3/6/2012 03/07/2012