HomeMy WebLinkAboutContract 43524 (2)CITY SECRETARY
CONTRACT NO. 9 " nZ �_... _..
EASEMENT ENCROACHMENT LICENSE AGREEMENT
• • I
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 Barbara Holston — Fort Worth Affordability,
Inc.), hereinafter referred to as "Licensee", owner of the property located at (street
address 307 Crump Street Ft. Worth, Texas 76102 ) ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property Hillside Addition j, an addition to the City of Fort Worth,
Tarrant County, Texas as recorded in Volume "A" , Page 3283 , of the Deed
records of Tarrant County ("Property"); and
WHEREAS, the City has a (width of easement 5' eet ) (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 (2) 10' L x 6' H wrought iron
fences between the new construction apartment building adiacent to the existing
church building. As well as a 12'-4"x 12'-4"x 8' H wood trim & steel rod frame trash
enclosure w/ concrete bollards ( 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.
,..,_0I2 pn4.
IN
1
OFFICIAL RECORD
CITY SECRETARY
Ft WORM, TX
Licensee shall not expand or otherwise cause 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 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
teiniinate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City deteiinines 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 ($ 275.00 ) 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,
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
peimitting 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.
4
10.
OFFICIAL RECORD
Ce77 SECRETARY
177 WORTH, TX
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 this
City
City of Fort Word
1
By:
RANDLE HARWOOD
DIRECTOR
PLANNING & DEVELOP
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Ate
ATTEST:
Attested by:
Istiltcy S. lea;
120 ne."
Licensee
By: 6 wateuta, cliosesert)
Name: Barbara Holston
Title: Secretary Vice President/CEO
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ASSISTANT CITY ATTORNEY
City ssZtary
STATE OF TEXAS
COUNTY OF TARRANT
sr
Assistant Cif Attorney
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
,v�1 tobe the person
Texas, on this daypersonally appeared �riown to me
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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
(t-- )(14A-J-- 20 / f)P' .
• 1 .11 \ \ Y I
IRMA SAENZ
Notary Public
STATE OF TEXAS
My Comm. exp. Jan. 28, 2016
• ..
day of
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Notary Public in and for the State of Texas
6
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 Barbara Holston , 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 Grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
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1���...••,y, CMRIStiNA MARIE MAYO
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• a Notary Public, State of Texas
• ' My Commission Expires
November 17, 2015
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day of
Notary Public in and for the State of Texas
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-UTIUTY EASEMENT
-EXISTING STORM SEWER UNE
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-EXISTING SANITARY SEWER UNE
- EXISTING WATER UNE
NEW CONCRETE SIDEWALKS
PAVING
NEW CONCRETE CURB AND CUTTER
STAMPED CONCRETE
- HERRINGBONE PATTERN
STAMPED CONCRETE
- UNIDECOR PATTERN
STAMPED CONCRETE
- SOUDER COURSE ,
BRICK PATTERN
ALEY NOTF$
TO CONCRETE WHEEL STOPS, RE. 1/A0.3
0) ACCESSIBLE PARKING SIGNAGE, RE. 7.k 8/A0.3
(� ACCESSIBLE AISLE STRIPING
-PAINTED 6• WIDE- TIP.
Q ACCESSIBLE PAINTED SYMBOL
RE: 9/A0.3- TYP.
® ACCESSIBLE CONCRETE RAMP: MAX. SLOPE 1:12
RE: 1 /A0.4 & CIVIL
at) TRASH ENCLOSURE; RE. 13/A0.3
(L) 8' WROUGHT IRON FENCE & GATE
RE: 7 & 8/AO.3
oQ RAISED (1'-6 I/2• H) LANDSCAPE PLANTER
RE: 3& 4/A0.4
Q EXISTING UNDERGROUND CABLE/
TELECOMMUNICATION BOLLARD TO REMAIN.
® EXISTING DECORATIVE SIDEWALK UGHT POLE:
TO BE REMOVE DURING DEMOLITION Al
REINSTALLED AFTER NEW SIDEWALKS ARE COMPLETED.
® EXISTING SIDEWALK UT1UTY COVER
O NEW ACCESSIBLE FT. WORTH STANDARD
TYPE 0 SIDEWALK CURB RAMP; RE: 14A/A0.3 & CIVIL
O EXISTING UGHT POLE
® NEW TRANSFORMER & CONCRETE PAD & TRANSFORMER;
RE: MEP
16 NEW 'U' SHAPED POWDER COATED METAL BICYCLE RACK
RE. 5/A0.4
NOTE:
REFER TO SHEET A0.3 & CIVIL FOR PAVING DETAILS.
SIDEWALK DETAILS, CONSTRUCTION JOINTS AND EXPANSION JOINTS.
SITE PLAN DIMENSIONS ARE FOR REFERENCE ONLY. CONTRACTOR
SHAD. VERIFY ALL CONDITIONS AND NOTIFY ARCHITECT OF ANY
DISCREPANCIES PRIOR TO COMMENCING WORK.
CONTRACTOR TO CUT & PLUG ANY UNUSED SERVICES
ON SITE BEFORE CONSTRUCTION. RE: MEP -I
NOTE: REFER TO SHEETS TAS-1, TAS-2 & TAS-3
FOR ACCESSIBIUTY CODE REQUIREMENTS.
CONTRACTOR AND ALL SUB -CONTRACTORS
WILL COMPLY WITH ALL ACCESSIBILITY CODE.
PARKING REOUIREMNETS:
PARKING SPACES REQUIRED:
(ZONING REQ. 11• CENTRAL)
PARKING SPACES PROVIDED:
ACCESSIBLE PARKING REQUIRED:
ACCESSIBLE PARKING PROVIDED:
BICYCLE RACK REQUIRED:
(1 PER / 35 PARKING SPACE RED.)
BICYCLE RACK PROVIDED:
0 SPACES
18 SPACES
1 SPACE
2 SPACES
1 RACK
1 RACK
NOTE: SITE PLAN DIMENSIONS ARE FOR REFERENCE ONLY.
CONTRACTOR SHALL VERIFY ALL CONDITIONS AND NOTIFY ARCHITECT
OF ANY DISCREPANCIES PRIOR TO COMMENCING WORK.
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303 CUR STREET
FORT WORTN, TX
FORT WORTH
HOUSING AUTHORITY
'Innv711ny, in the
Community'
igloo data:
010e.2012 =IC FOR PDIOT
07.12.2012 DIaw*O, CK1 40(10
A 07.15.2012 On 1101011104901
chocked by
project manager. CC
doto: 06.07.2012
dt* on manager. CD
dolo: 06.07.2012
job no.
shoal lido
SITE ahal no.PLAN
A0.1