HomeMy WebLinkAboutContract 53918 May 19, 2020 CSC No. 53918
3:50 PM
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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 Lewis and Quintanar Enterprises, LLC ("Licensee"), owner of the real property
located at 3701 Broken Pine Trl, Fort Worth, Texas 76137 (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 sewer and water easement (the "Easement") in the Propgrty
as shown on the map attached to this Agreement as "Exhibit A,"which is incorporated herennafor
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 approximately 6 linear feet of roof overhang (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 cause
Easement Encroachment Agreement-Residential R AU�NereECORD
CITY SECRETARY
FT. WORTH,TX
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.
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Revised 12/2018
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 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).
T
Easement Encroachment Agreement-Residential Page 3 of 14
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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.
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, transnussion 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 KIND OR CHARACTER,WHETHER REAL OR ASSERTED,ARISING
Easement Encroachment Agreement-Residential Page 4 of 14
Revised 12/2018
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.
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.
Easement Encroachment Agreement-Residential Page 5 of 14
Revised 12/2018
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.
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. .
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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.
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
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Revised 12/2018
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 8 of 14
Revised 12/2018
City: Licensee:
CITY OF FORT WORTH Lewis and Quintanar Enterprises,LLC
t)I H.1'P-'rWz(
By:DJ Harrell(May 18,2020) By
DJ Harrell, Director Name: Timothy L. Dissmore
Planning&Development kle: Manager
bate:-MaY-1-2= -Date:- 44WO20
By:
Name:
<'ORT Title:
��• �� Date:
ATTEST: .. Approved As To Form and Legality
TVi '
Alga Am
Matt Murray(May 13,20
City Secretary Matthew A.Murray Fyj(St Sec- 3210
Assistant City Attorney
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
n repo - g requirements.
Janie S. Morales
?4Development Manager
Easement Encroachment Agreement-Residential R Pse 10RECORD
CITY SECRETARY
FT. WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRA.NT §
--BEFORE-ME,-the-undersigned authority;a Noury Pubti-c in and fot the State dMkas,on
this day personally appeared D]Harrell,. Director,known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same �or
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 18 day of May
20 20
t2
LAURIE Digitally signed by LAURIE 1=X o
PEQUENO LEWIS =„ar
S Date:2020.05.1818:07:10
PEQUENO LEWI vr�o
05'00' i
� N
Notary Public in and for the State of Texas «»
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
Easement Encroachment Agreement-Residential 'OFFKM#RECORD
Re is� ERETARY
FT. WORTH,TX
STATE OF TEXAS (Z�' §
COUNTY OF TUFT- §
U'a %A"%-1
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on
this day personally appearedtrussw41eknown to me to be the person whose name is subscribed to
----the-f — -
, o-rrr�t�C eft-"�ar srtie execu a same or the
purposes and consideration therein expressed, as the act and deed of , and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this (ON day of'n1j� ,20'LO
s
K9MN BARTELS
Notary Public in and for the NOTARYPUBM
STATE Of TEXAS
my comm.EXP 10l20l2020
State orT z NOTARY 10 1308rJ%0
,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH.TX
Easement Encroachment Agreement-Residential Page 11 of ld
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EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Residential Page 12 of 14
Revised 12/201&
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Residential Page 13 of 14
Revised 12/2018
EXHIBIT C
Metes and Bounds or Location Description of the Property
Lot 54R, Block 147 of Summerfields Addition, Phase VI, Section 4B3A, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the plat recorded in the Cabinet B, Slide 2271, Plat Records, Tarrant
County, Texas
Easement Encroachment Agreement-Residential Page 14 of 14
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