HomeMy WebLinkAboutContract 45399 CITY S' a1bTARY
CONTRACT
91:1
EASEMENT ENCROACHMENTLICENSE AGREEMENT
Residential
THIS AGREEMENT is made and entered into by and between THE CITY OF 'SORT
WORTH
a one rule municipal corporation of Tarrant County, Texas ("City") acting,
by and through its duly authorized City Manager or duly designated assistant City
Manager "City") and George S. Marlow and Karyn M. Marlow, hereinafter referred to
as "Licensee", owner of the property located at 2448 Colonial Parkwqy, Fore Worth,
Texas 76109 (",Property").
RECITALS
HEREAS, Licensee is the owner of certain real property described as Colonial
:ills Addition,,, Block 3 Lot 17', an addition to the City of Fort Worth, Tarrant County,
according to the plat recorded In Volume 1283, Pages, 53, and 54, Plat Records,
Tarrant County, Texas "Pr perty" , and
WHEREAS, the City has a 4 foot wide utility easement the "Easement" in the
pr erty as shown r�r the nap attached to th s Agrcc�rjicnt "I s Exhibit "A" and
incorporated herein" and
�w
HE: S, Licensee desires to construct/place and main.tain,the roof'eavefor a
new cabana and garage structure the "Encroachment") which will overhang -the utility
easement 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 Orth in tills Agreement.
NOWT THEREFORE, the City and Licensee agree as follows: z�
OFFICIALRECORD
yp p
CITY S9CRETARY1
AGREEMENT
[0FF:1C1:ARE
.0 T.
TX
n
The City, in consideration of the payment by the Lioens � f the fee set out below
and covenants and agreements hereinafter contained, t o be kept and performed by the
Licensee hereb� grants permission to the Licensee t encroach u- n and occupy a
portion of the City's Easement as described in and at the location n shown Exhibit A for the
purpose of :construction f' new cabana and garage ~tr u ur with a rood'"eave Ohe
"Encraach-ncnt" that will overhang the utility easement. _upon completi on of the
201,2 Easement Encroachment Agreement-Residential Page 1 of
RECEIVED MAR 03 2014
hncroachment, Licensee agrees, to be responsible for maintaining any and all structures
and buildings, w ithin and above the Easement. Licensee shall not expand or otherwise
cause -the Encroachment to further 1*nfrl*nge in or on the City's Easement beyond what 'i's
s, 'f exhibits)peci ically described in the exh* U(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 off"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, Ucensee s submit all plans and sped ficat'Ions to
the applicable Director or his duly authorized representative. Licensee shall not
,commence construction of the Encroachment until such approval shall be indicated in
icing by the Director.
wrl 1 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
40
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
It 19
Licensee,, but City will make reasonable efforts to minimize such n aamage. In the event
1P
that any installation,, reinstallation, relocation or repair of any existing or tut utility or
improvements mprovements 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,
2012 Easement Encroachment Agreement-Residential Page 2 of 91
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 inc result of the construction, maintenance, inspection or management of
wi ur as a
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 '
negotiate in good faith in order to accommodate the Encroachment and the public
purpose.
T
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 ACT'S OR OMISSIONS OF
LICENSEE, ITS OFFICERS,, AGENTS, SERVANTS,, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS,LICENSEES,OR INVITEES.
8'.
While this Agreement 'i's in effect, Licensee agrees to famish 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 full owi*ng:
$300,000
w ith the understanding of'and agreement by Licensee that such 'insurance our shall
i
be revised upward at City's option and that Licensee shall so revise such amounts
inunediately following notice to Grantee of such requirement. Such 'insurance policy
2 1 2 Easement Encroachment Agreement-Residential Page 4 of 9
shall provide that it cannot be canceled or amended without at least den (1 0) 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", 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 to of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city easements.
9.
1,icensee 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 Encroachrnent 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.
2012 Easement Encroachment Agreement-Residential age 5 of 9
o
12.
I j
iciensele 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
res,pondeat 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.
20 12 Easement Encroachment Agreement-Residential Page 6 of 9
16.
Licensee c()vencant's (,,ind agt'ees that 'it will not asssign all or any of its rights,
9
n!" (ItAiCS U-nder tlus (1,.,(-)nttC�,i1ct withotit tlie written approval of City, and any
assignil"I"el"It withOLIt SUCII written approval shouid be void.
Nny cattse of action for breach of this, Agreement shall be brought in Tarrant
C(")i 1'exas. This Agreen,-ient sh,affl b(,,* governed by the laws of the State of Texas.
18.
"i"t �een--ient shall bebinding UP011 t11C parties,hereto, Lheir successor's and
4�u
C i 1""
Citv ot'Fort Worth feot*,ge S. M�irloiv
Kt" -yn�W. Alfariow
Name:
a ,, .......
1)irectoi
aild Development
0�
09 ed As To For and Legality
00t) 00
0 ilk
S e A C ty Attorney
A,ss'stan
C "fill
OFFICIAL RECORD
E, 1,-O,iciii,ner,it ,Agrecriient-Resliclential Page 7 of 9
20 11".? T1 t "ne CITY SECRETARY
FTm WORT"i TX
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authofity, 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 subs e th for i acknowledged to me that
cn*bd to e egoing 'nstrument�I and
he/she executed the same for the purposes mid consideration therein expressed, as,the act
and deed of the City of Fort Worth, and in the capacity therein stated.
A
GIV UNDEM HAND AND, SEAL OF' OFFICE thi& day of
20
,Nt,tt 41,Ppr*,o:
C ASSANDRA,F. FOREMAN
I:RA F OREMA]N
t f Texas
F. Of Texas
Notary,Public,S a
n E xplres
Im
my commission Expires
IF Apfil 26. 2,01,7
Uc in and tie State of Texas
2012 Easement Encroachment Agreement-Residential Page 8 of 9
STATE OF TEXAS
COUNTY F TAR RANT
BEFORE the undersigned authority, a Notary Public n and for the State of
Texas, n the day personally appeared George S Marlow and Karyr M. Marlow,
known to me to be the person whose name 'is subscribed to the foregoing g .nstrume t
and acknowledged to rye that he/'she executed the same for the purposes and
consideration therein expressed, as the act and deed of George S. Marlow and Karyn
M. Marlow, and in -the capacity"therein stated.
lFeA2X.=
GIVEN TENDER MY HAND AND SEAL OF OFFICE this day of
20
tarp �h t .
{ � MELISSA A ASO
Natal �ab�I State ofTexas
STATE O F TEXAS
M Comm.Ep,
10.23-1
2012 Easement Encroachment Agreement-Residential Page 91
>/N�kJw,,r?W��,�'Nth d!�/�✓7 rl✓��ID��,yj� �1�"lYi�ik�i,i�-,)I (, i y
r.
r,�l/,iu,r s ���i.-:��1�1!„,��r����N/'%�f %r✓�,�if�, �
r a
r„
�i
/ G
i f
A r�
/ 1 r
r1 � � � / � l ,r✓r r,,,, I Hip „ � � a, �� r,
., � 1, �' � ,i '�, � ✓ �/ f !!, i 1
IV
/ a ✓�!� ,i
,..
..,., ...� , � -.i. h,. /. ✓ ,... / r 1.�i�� ,,, -�..ttr !�.. "� /I'lr� / �! �,.. ,�1 7, ,� r r
�..., �
/ „i ✓i J. ,, i /.r� /�/ /,,, ,„ ,.,. � ,� .i - ,v. � � ,., �. ,. N” „/,%i/, ��,,.i, r l „. /r / of/. ,�� .,. ,.,�. <. �/�.
i
7
ti,:„ ,./., �..., �; ,.. 1, �„- %, � ,,. / ,. .��. ✓.�.. ,. /i. ,/,., /.�.,,, (./,,,��/ri/. ,. r. /,. ,;.
I„ i ,.. ,,, ✓ .,o '/ ,,, ,/r, J .,, / .i G„,1. /�.%./ / // l
1
r��' � �_. wrr ww++rw�w.rw�rrwr+w�r r�.w...,..rnr w..... ..r.,r ,�wiw,rr..Y......rx r..w..» •.nr...M rMN>� ,'i+►�r,MwdA"rw.r•.w�.r.yr,..r.� � ;, ;I� r
u
y
/
w
a r
J
1f;"✓ M
n/
,
// wxw.www+�MWwr
1
1 Y
i
1
f
r
{
w ,
r � �
w
J
r
M r
AmN
mi
of
r t_.,u u u
"m%Rvow`r"SE"` "ABA"A
NO
C*4 uu Ll
UT`0
.0�t
21
co
fj
Ij
Ny �� 4YY
J,
u„4
f
I' 3
l
ZD
ti
auu �
LU
LU
Lij
LLJ
Lli
LLJ
LLj
vol
t �
{pWyX;� �YnA iy`
•. � R �.�,.,nm,...mno gym_.,.
"a ,�.! ,r....-. ..�. .......� �.. ,.. .--.-.�..-.....��.,.,..«..,.�.............�,......—,.y,.�.,,+,,,..»row„�r„�„ma.»...ww....,.�..wwr.,r�......-.....,..,�«.,.«..���i......-..,....�,..�..» ,m�.,.......��.�®.....,.,e.,.. �.,�.......,
a,
ara AC t
w
I
�r
R m
}
fl
P A VIZ
� C
" 1
r
"
{
J 1
nn�nx
r y I v I tl
i
0
x
r a
m
A n
n
y
a
1 k y g 1 d j
Ty
s
If
ow
cn
LLJ
E d 4 F r r
r
o a
m q
6 pr N
V e I`
a
r
n
b � n
v q N µy
e
0, k
gg
W
,p
h
E
p
d
C ..
f
'u '
:27 CD
z .. g
LJJ
a a "
a
4 r, 41 � t•
4,
fi
r
INNNN`A�I I 1 1 -111,11"..
CERTIFICATE, OF' LIABILITY INSURANCE DAW V*=affM)
02/13/21014
THIS CERTIFICATE IS 11SSUE0 AS A MATTER OF INFORMATION TION ONL CONFERS I ill U'P'ON THE CERTIFICATE SOLDER. i HIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, ALTER TE THE COVERAGE AFFORDED BY THE POLICIES
' L THI1 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT E THE ISSUING, INSURER(S),
REPRESENTATIVE OR '' U EK AND E CERTIFICATE HOLDER.1111,1110
IMPORTANT: I the certificate molder Is an ADDITIONAL INSURED, th
e pollc i be endorsed. If SUBROGATION IS WANED,subject to
the terms and condMons of the p ll ,certain pollcles may require an endorsement.A statement an'GIs certIficate does not confer rights tothe
certificate holder In lieu of such endorsement(s),
PRODUCER KPNEE V i�e N heir`
9 22-9300 2 1 817 -932.8 uAwftbl.
State a L valer�i ea '.
I`RER F Lloyd's 1
George Scott& Karp II
,244,8 Colonial Pkwy INSURER C w,M 11
Fob Worth,,Texas 76109-1031 INSURER
INSURER
INSURER ER F
IN 000 COVERAGES CERTIFICATE NUMBER. REVISION NUMBER-,
THIS IS TO CERT`IFY THATTHE POLICIES OF INSURANCE,LISTED BELOW'HA BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. O ST DING:ANY REQUIIREI" 'ENT, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE I Y BE ISSUED O " PERTAIN,, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF'SUCH POLICIES,LIMITS S MAY BEEN AEI Y I C M .
INS
�Dm�� INS Q'C IMF M M"°
COMMSMAL GENERAL UABILfTY 500,000
EACH OCCURRENCE
c r OCCUR 02122J2 S PRE) ens
homowner Personal Liablifty MEN EXP Vkny orw persw) 51
PERSONAL,
GEN"I.AGGREGA17E LIMIT"`APPLIES PER. GENERAL GG E TIE 500,00
POLICY LAC 68- -5863-3 PRODUCTS-!r OIt�l�IOP + S
jEe
OTHER:-
E nt
O
BODILY'INJURY(Per person)
OWNED ALL HERE
AUTOS AUK
NO"WNED PROPERTY DG
HIRED A Per
S
I
UWIRELLA U" OCCUR EACH OCCURRENCE 210 ,
EXCM U" CLAIMS-MADE AGGREGATE 2,0001,000
68-PS-63961-6
-DED 01110 RLUIVION1
R)CERS COMPENSATION
AND VAPL0WI S ".n`Y YIN
ANY PROPRIVORNIPARTNERIEXECU11YEE MIA EL.EACH ACCIDENT $
OFFICERNEMRER EXCLUDEW Li
In NH) E.L.DISEASE-EA EMPLOYE S
111 under" E " I E. r� �� ELI "
vilomwowwwww",No
DESCRIp,nON OF OPERATION31 LMATIONS I VEHICLES JACORD 101,Addllr I Remadw,SchWule.may be aftthedi If more spaco lay re
CERTIFICATE HOLDER CANCELLATION
ADD111ONAL INSURED0 SHOULD,A 'OF THE ABOVE DESCRISED POLICIES BE CANCELLED FORE
CITY OF'FOIRT WORTH THE' EXPI , TION DATE THEREOFt NOTICE MLL BE DELrVMRM IN
DEPARTMENT OF DEVOLOPMENT
C � CSH THE,POLICY PROVISIONS.
1000THROCKMORTON ST
UTH 0W RESENT
FORT WORTH,TX 76102-631
ANN NON
CORD (2014101 �� � ��� ��d logo� registered'��� � ��� ��