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HomeMy WebLinkAboutContract 40826CITY SECRETARY CONTRACT NO, 4 EASEMENT ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, 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 (property owner's name D R Horton — Texas, Ltd.), hereinafter referred to as "Licensee", owner of the property located at (street address 10200, 10204, 10201, 102179 10221, 10225 Point Lobos Trail, 10212 Wildfowl Drive, and 10201, 10205, 10213 Humbolt Bay Trail) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property lots 54, 50, 49, 48, 46, 59, 58, 57 of Block 2 and lots 16 and 17 of Block 5 of the Tehama Ridge Addition), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Document No., D210094979, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a (width of easement 10 foot and 7.5 foot) (type of easement 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 Retaining Wall (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 conons 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 HEG�RD 09-17F ORT . TX on the Uty'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 performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Water Department 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 and seventy-five Dollars ($275) 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. 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 attorneys fees. 10. 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. EXECUTEL City City of Fort Worth f this day of Fernando Costa, Asst. City Managei ATTEST: Attested bye Licensee By: 1J. R, Nacko�, G \jel c-- oa ce, Dor► At1er Cor1D°Cv.-10n Title: Eks;�{�n+ StuCiac1 OEFACAM4 RECORD CITY SECRETARY FORT WORTH, TX ASSISTANT CITY ATTORNEY City Secretary STATE OF TEXAS COUNTY OF TARRANT Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared pa'/-jan 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 not and deed of the City of Fort Worth, and in the capacity therein stated. 4,,"GIVEN UNDER MY HAND AND SEAL OF OFFICE this y da of , 20JP�. :�' � EVONIADANIELS '*6 '' ` MY COMMISSION EXPIRES � Juty 10, 2013 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 OqUpy & , H / e 3 , 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 L; cemee, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this le day of GL ,20 / U LISA S. 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IUnirc Un I1URIVIV AMLN DUILULK _ NQ• 413 , AVAA N) Ile, CONoENT p U-WA.VCUTTVE CUMMIT TEE July I6, �003 'ihe undersigned, being all ot'the members of the Executive Committee of me ofDft=tors ofD.R.Horton, Inc., aDelawaz� Cozparafion (the "Company"), do hereby adopttha fallowingresoludons: RESOLVED, thatndy�iorkon is hetebyelected to the once afAssistant Vice President (the "Assistant Vied President") in the Company's DPW West Division (the "Division"), to save until thenextannual nimtfngofthedirectors ofthe Company and until his successor is duly eleeW gnd qualifled or until his earlier death, resignation or removal, RLrSULVLD F[JRT�IEIt, thatthe Assistant ViccPresident is hereby authoriz�. and empowered, inthe Division and intbo name and unbehalfof(A)the Company, (B) any parinerships of which the Catnpat y is a general 'partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively, the "Entities"), (i) snub jeot to written approval by any one of the following officers 4fthe Cornpartyt a} Chaitmar► of the Board, b) Vice Chairman, President and ChiefExeoutivo Officer, c) Executive Vico President, Treasurer and Chief Financial Officer, or (d) the Region President oftheDivision (the "AppMvingO ff joW s to execute and deliver contraotrs, agroements and other documents raid instrumente for the purohase ofreal Prnperty, and any improvements or appurtenances constructed thereon or affixed thsrdto, or any interest therein, including without limitation guy right..of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal propotty relating or inoidentthereto, (R) subject to the written approval ofany one ofthe Approving Officers,.to execute and delivercontraets, agreements, deeds, conveyances or other obligotions of the Entities, closing statements and othe rdocum ruts and* kuments for the sale of improved or unimproved real property, or any interest or right therein, awned, leased or otherwise controlled by the Vatities, and (iii) to execute and deliver modelhome leases andsuchotheragmements, instruments ordocunaentsas theApproving {Mf icers shall dirot, RESOLVED FURTFIB$, that in catatzection With the manapernent of the Campany'sbtrsiriess, the Assistant'VicePresidentisherebyautharizedandempowered, in the name and on beh4lf 9f the Entities in the Division, to cxecuto and delivor (i) contracts, agreements and other documents and instrurnonts for the subdivision, „Vu. Is LVVJ lie IUnin un nuniviv nivitn OUILULK NU, 413 P, 3 development andloriinprovement ofrealpropexty, (ii) home sales contracts, salesperson employment agreements and similar or equivalent agreements, documents or instruments and (iii) personal property leases for, among other things, office equipment wd construction trailors. itESOLVI✓D FUIt�T`H1Eti�, that in connection with the management of the Company's business in the Division, the Assistant Vice President shall be authorzed and empowered, in the name and onbehalf of the Entities inthe Divisior to executsand deliver any and all documents and instruments necessary to sell and convoy title to single-family homes, >E7ESOLV�b li U�i.��R, that Randy Horton fs hereby rezrxoved from any position not gra;ated above, RESOLVED, that Don E. Allen is hereby elected to the office of Assistant Secretary ofthe Company in the DFW=West 01vision (the "Division”) to serve uniii the next annual meetirtg ofdireetors ofthe Company and mChe successor is duly elected and gnalffied or until he earlier death, resignation or removal, �S4%�Y&D FUR7ClE�R, that as an Assietat�t Secretary ofthe Conparny,Don E, Allctt is hereby authorized, in the Division and inthe name and on behalf of (f) the Company, (ff) saysparrtnerships ofwhich the Company is a.gencral partner, manager or agent, and (ifi) any limited liability company ofwhichthe Companyfs a ttietnber, manager or agent (collectively, the "Entities"), to execute and deliver the following documents, instruments and agre=ents pertaining to the Endees' development Qf last d in the Division (inolu&gthose mlaWtohoaneownerassocf atiorw): subdivisionplats, easments, deeds to common egos, homeowner association bylaws and articles, deedrestrictions, covertaul.g and conditions, subcontractor agreements, maintenance contracts, Mdtlement submissions, subdivision improveinent agreements, permit applications, agreements with adjacent property owners, consulting contrasts and sfnvlar or equivalent agreements, documents or instruments, as well as amendments thereto, RESOLVED FUR'li, filet the Assistant Secretary is hereby authorized and empowered, in theDivigivn andinthe z�atxte and onbehalfafthe �tatles, subjectto writ appzoval by any me ofthe following vflicers of the Company: a) Chaitxrnan ofthe Boatjd, b) Vice Chairman, President and Chfof Exeoutive Officer, c) Executive Vice President, Treasurer and Chief Financial Officer, or (d) the Region President Qf th Division, to execute and deliver contracts, agreements and other documents acid instruments for the purchase ofmat ptoperty, and any improvements or apputtenances constmoted thereon 2 Ivus h cvvj 11. IVtim un fiUIMI IWtK OVILUtlt N0. 413 Pe 4 or Minddiereto, or anyinterestmerem, includingwithoutlitnimtionanyrightwof way, �asetiiotit, leasehold or other tangible or intangible property, right or interest, and any personal property rolating or incident thereto, YN WITNTSS WHGI Q ,the undorsigned have signed as of file date nut above wrietena crvT�swr�t.'t+�tawanuaruns.can,wpa 3