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HomeMy WebLinkAboutContract 43632STATFOFTEXAS (Iry titVri3-ACTs NO. ENCROACHMENT AGRLFMI=NT 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 referred to as the "City", and Villanes of Woodland Snrinas HOA acting herein by and through its duly authorized Director David Davidson hereinafter referred to as "Grantee", Owner of the property located at 12209 Timberland Blvd.. Fort Worth. TX 76244 ("Property"). W1TN ESS E i H: i. For and in consideration of the payment by Grantee of the feo 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, Improvemont(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, RECRIO ©rllY SECRETARY Pern WOR71111, Ti7K sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Install a 6" irrigation bore below Stable Door Lane at Timberland Blvd. The purpose is for an additional irrigation main line to be installed thru the bore.The location of the project is 11700 Block of Timberland Blvd at Stable Door Lane The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, 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 and computation in preparation of such plans and specifications. 2 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 -of -way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 4. Grantee, 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 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 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 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 referenced 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 3 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 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 Two Hundred Seventy Five Dollars Dollars ($275.00). 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-of-way 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. 4 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 public right-of-way 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, 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. 5 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. 13. Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 6 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL P ERSONS, OF WHATSOEVER KIND 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 IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR S UCH CLAIMS OR SUITS. GRANTEE 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 ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, S UBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee 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 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee 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 "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 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 necessary 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 Secretary of the City of Fort Worth, Texas 17. 8 In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 FXECUTI D this day of City City of Fort Worth By: /AA") suRantile-Heignisii Peri) Director v Planning and Development ATTEST: City 5ecreta \\ N c; otvetrt 00 1014ff• _• tee 0 00• °00 `. mac eXAS •C<Cr Grantee (Business Name) Villages of Woodland Springs HOA 7/ By: ��✓ Name.David Davidson Titles Director Approved As To Form And Legality C Assistant City Attorney 10 • „tc OFFICIAL RECORD CITY SECRETARY F% WORTH, TX SIATE OF 111 ,XAS COUNTY OF TARRANT Texas, on this day personally appeared I FFORE ME, the undersigned authority, a Notary Public in and for the State of �►RXI �� lz IVI ri 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. T ' GIVEN UNDER MY HAND AND SEAL OF OFFICE this a Lb day of b_pleheKN-LIAK , . xv a -._ va IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 28, 2016 • V 1 J• _/ J v. • • • V •vl\ (Lan y Notary Public in and for the State of Texas 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 Pa (/9 1 %)a/'/` Joy(, 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 12/re hr- stated. and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this /1 day of Se Dien; ,20/`2-- Notary Public in and for the State of Texas 12 C •11 r. 1-1 r4 of t Y I I • 790 -. i' ". !=•t •l .. . 1: •!. t I 180 •• • • PC STA 9+14.68 • 8 0► . l - • ..t. • '1. : r..: n:l ' 1 • ? • - • I:. 1 •�• : . i '. . ..• . . 1:'•� I•:- I f• • .•-- 13 : : •I: ,* •:t .1 i , , 1 ..1- •t 1 1 . . 7R0 I • ! • copyrightC2007 by Carter F. Burgess, Inc. • • • t • ' w • 1.. . 10.00 PC STA 11+87, 31 31 11.00 17 19 STABLE 0000R LANE I TU I Alt�1F(HI 1VAT STA 0+00.00 STA 10+09.17 R ti 12'00 34 jr STA 12+80L11i 35 19 8 O 4'WIDE CONCRETE SIDEWALK TO BE CONSTRUCTED BY HOME BUILDER ITYP1 STABLE DOOR LANE •t n . to J -- ' rilLT 13.00 7.0 1 ; 1-• V .LD 1-, 15+00 27 STABLE DOOR LANE ST) 1. +974. 64m WtILrC rll\uuNs STA 0+00.00•• WOLFCREEK ROAD STA 0+00.00 CURVE DATA DELTA RADIUS TANGENT LENGTH 4' 03' 47` a S. 00' 95' I 94.50' 2�5. GO. At. 09' I 9z.115• NOTE• THE CONTRACTOR SHALL CONTACT THE FOLLOWING AT LEAST 48 HOURS PRIOR TO EXCAVATING IN THIS AREA' FORT WORTH WATER DEPARTMENT ATMOS GAS TXU ELECTRIC SOUTHWESTERN BELL TELEPHONE COMPANY CHARTER COMMUNICATIONS FORT WORTH TRANSPORTAT I OW PUBL 1 C WORKS FOR OTHER FACILITIES 1' NI.Ot711 NO. 1 817-871-8296 1-888-332-B86T 1-B00-242-9113 1-800-385-0440 117-S09-6272 117-352-8100 1-B00-DIG TESS PROJECT BENCHMARKS 1 PK NAIL IN KATY ROAD 1!'t EAST OF WEST ROW LINEt4 2775't NORTH OF KELLER HICKS ROAD, 2375't SOUTH OF CAYLOR WEST ROAD ELEVAT I ON' T43. STT BM N0. 2 PK NAIL IN INTERSECTION OF KATY RD A CAYLOR WEST ROAD 23't EAST OF WEST ROW OF KATY ROAD L 16't NORTH OF SOUTH ROW OF CAYLOR WEST ROAD ELEVATION' T36.416 pgpip 1. j4aT STABLE 15+49.14m4NE TIMBERLAND BOULEVARD STA 37+76.33 BEGIN PAVEMENT 11, CONNECT TO EXISTING MATCH ELEVATIONS I/ SECTION DRILL & EPDXY DOWELS D.O.E. NO. 3722 FILE N0. 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No.1305111, on June 04. 2007 Alteration of a *paled document without propor notification to trio roaponalblo anginoor Ia an offonee under the Texas Engineering Proctlo. Act VILLAGES OF 770 WOODLAND SPRINGS WEST ism VII, MOWN 3 9p.T3z E No. gg 9°HE STABLE DOOR LANE CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPT. ENGINEERING DIVISION SUP REV 7F0 Dash Agz OWN. CAOD CarterraUrgen --.tY-- lrr, . MAw ••••••••••••_rw RF1` I.Y.A. M.1_/ .I,. GATE 1 FILE I SHEET 4. JUN 2OOT 11-111 C1rcCCON JJn &ap♦lamp' Rimer .T-I\vs731py4.nt 28 128fk22.5°BEND W-5IPT STA 6+02.28 w-i Pn STA 5+19.27 W PC STA 9+07.98 W-L5 PT STA 3+0T:68— *-2 PT STA 10+12.9R \ M-2 STA 1 t , 5 \ \ W-6 STA 0+00!00r17 \74Ni4N(- INSTALL* Et‘47. 1-8"X ErTEE tVAT '\ INSERT POLY PIG NO.6 )0\ STALL „ 1-8"G:p VAL e2 PC STA 444( W-7 STA .000.-lod _,r INSTA44 2-8"FLUG' 8YX8";OLEANJNG WYE FtEttoyg POLY,P1G W-1/STA 0+13-G1 144STALL: / /1-2n SERVICE TAP W/METER BOX W-7 STA 0+19.52 INSTALL: 1-FIRE HYDRANT ASS`PR W-2 PT STA 12+83.65 W-7 STA 2+69.57 INSTALL: 1-8"GATE VALVE & BOX W-2 STA 16+50.78 CONNECT TO EXIST 8"WL STUBOUT INSERT POLY PIG NO.7 WATER PROJ. NO.P160-060160152910 D. 0. E. NO. 3574 NOTE: WATER DISTRIBUTION SYSTEM WILL BE ON THE NORTHSIDE III PRESSURE PLANE :opyright02007 by Carter & Burgess, Inc. W-2 STA 14+27.08 INSTALL: 1-8"GATE VALVE Sr BOX W-2 STA 15+78.88 INSTALL: 1-8"X 90°BEND EXIST VAL 2' /Z. exe, fl,- W-2 STA 14+22. W-7 STA 3+14.57 INSTALL: 1-8"X 8"CROSS 14 15 10 9 8 7 12 ; 14 15 16 EXIST VALVE w-i-§tk ;419.57 INSTALL( 1-8"G4TE VALVE Si BOX 17 42 43 41 6 /8 N-1• 0 , • W-6.STA 0+05. • 1,14T5M1...1 ,1-8"GATEVA0 W-7 STA 6+17. -LNSTALL: 22.5°BE SA 1.2*--, • 1-IrX 45°BENI The sect appearing on this document wa: Alteration of a sealed document without proper notification • • • • • • • • • • • -; r • • si Akc t • t. • • • • • • • • • • • • TRAN • t • • • • • • • • • • • ; i • it \Olt It titi 41. Is I\ • • • • • • • 100 YR FLOODPLA I N PER PROP FLOOD STUDY DATED MARCH 2O07 51 T I;J i D2gC a T . W 2 ST4 44. 94= ALL" . . \• , \ W4 PC STA 9+07. 98 1 II• k \ 41M1M0=a11011601ma61,611flw \-., \ ..--...- ' W-1-5 PT STA 3.+0i .. 88 1-411 RE HYDRANT ASSY Wda2i STA 7+49. 65 1-87X 22. 5° BEND waq PC STA 5+19. 27 • • • • • \ W=2 STA int5smep= • • --tRA1NAGE & UTfICY-ESM \ \\K -k\ 1-8"X 8"TEE . , T.\ - •1---------2c0 \\INSERT POLY PIG NO.6 41‘ S-5 .->is'e. "CA- < \ \ . - .„,,srist ...;-...1.s. • -. / • .. E .e.(‘ E ...,N17.;:lies J.", , • STA)k i3. 69. t I -V GA,7 Vicat•C\& BOX _.V4.2 PC STA 1 ha • • • • • • • ir 7# W-7 STA 0+00.'0 / %ittyl Xfir?;;OLEAN I NG WYE • • • WATER PROW NO. P160-060160152910 • • • • INSTALLS • • • EX IS VAL • • • • • • • • • • 14 15 17 18 13 • at 41 • lb mlfr cfreal?? Ww=a2 PC end& 6+12. 37 W•=-2") STA 7+28. 20 .-dire STA 8+02. 44 STAUB EXIST FEMA 700 YR • • - 161 • • / 1 e ) : -I - %- '4=--,.. :I/P IV ATE any THE No, 1 / • • • • • • • rr • • • • • • • • • • • • W-2 STA 144-2 EXIST VALVE • • • • • • • 35 7 EAS • 34 te _yr/ 18.7 trA 3+1 12 31 • 1 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED S REPRESENTATIVE Named Insured The Brickman Group Ltd. LLC Policy Symbol Policy Number XSL G27010684 ISA H0870928 Issued By (Name of Insurance Company) Ace American Insurance Company Policy Period 7/1/2012 to 7/1/2013 Endorsement Number Effective Date of Endorsement 7/1/12 Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons organizations listed in the schedule that you or your representative create or maintain (the "Schedule') by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in the endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule or in causing your representative to provide the Schedule E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32686 (01/11) Page 1 of 1 WILLIS CANCELLATION NOTICE NAMED INSURED The Brickman Group, Ltd. LLC 18227-D Flower Hill WavGaithersburg, MD 20879L Holder Name. The City of Fort Worth Department of Development Attn: David Schroeder, Planner 1000 Throckmorton Street Fort Worth, TX 76102 Cancellation Terms: POLICY NO. See Page 1 EFFECTIVE DATE SEE PAGE 1 IN ADDITION TO THE NOTICE PROVISIONS IN THE POLICY WILLIS HAS AGREED WITH THE CARRIER THAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WILLIS WILL SEND WRITTEN NOTICE TO THE CERTIFICATE HOLDER WITHIN 30 DAYS EXCEPT FOR NONPAYMENT OF PREMIUM. WILLIS WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Cancellation Terms Apply to the Following Coverages: General Liability and Automobile Liability Wdlis 102