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HomeMy WebLinkAboutContract 43545 (2)Gifu 6'CiiETARY CONTACT Ala STATE OF TEXAS ENCROACHMENT AGREEMENT COUNTY OF TARRANT . THIS AGRFEMENT 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 Castle Peak Homes III, LP acting herein by and through its duly authorized General partner, Castle Peak Homes GP, LLC via its Manager, Lisa Barrentine hereinafter referred to as "Grantee", Owner of the property located at 2636 Lubbock Ave. Fort Worth, TX 76109 ("Property"). WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee 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, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, 03-3O-1 2 PO4 : 06 IN 1 OFFICIAL RECORD CITY SECRETARY Ft WOru TX sidewalks and other public rights -of -way, such Improvement(s) are described as follows: 3 paved parking spaces extending into the unimproved roadway of Prairie Avenue at the western most boundary of property as further depicted in the survey and site plan, attached as Exhibit A. 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 e ncroachment 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 e ncroachment 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 u nderstands 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 ($ 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 0111/(\tilt J\6j4.k, City Secretary EXECUTI=Dthis City City of Fort Worth day of Grantee (business Name) Castle Peak Homes III, LP By: Castle Peak Homes GP, LLC its general partner By: . ,\ 4 4By: Rand6 Harwood Blame: Director . 1> Title: Planning and Develop n,° 0 0 alb°e o ATTEST: gal": 0 d ~ !1 1 o400 a ,t. ' 411faitiaS Assistant City Attorney °C4 A* ra ` • proved As To COOL; Lisa Barrentine Manager ,20/� . Mai Ayr- And Legality O h FICOAL RECORD `GflTY SECRETARY Ft WOR11frU9 i! x 10 NO i ad° !Q1JMdLff) 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 Randle Harwood, 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. 12GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,20 v IRMA SAENZ Notary Public STATE OF TEXAS t'y Canto. exp. Jan. 28, 2010 b• Zeityr---td Notary Public in and for the State of Texas day of 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 Lisa Barrentine 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 Castle Peak Homes 111 LP by Castle Peak Homes GP, LLC, its general partner and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,20/ J cod Notary Public in an State of Texas or the day of 12 Exhibit A i LEGEND OF ABBREVIATIONS AND SYMBOLS B.L. a Building Line G.M. in Control Monument D.E. IN Drainage Easement D.U.E. (I Drainage 4 Utility Easement ET Or Electric Transformer F.P. Is Fence Post I.P.F. I.R.F. I.R.S. M.E. ( ) ( ) ▪ Iron Pipe Found ag Iron Rod Found e Iron Rod Set ▪ Maintenance Fervent e Record Data os Bearing Basis P.A.E. P.O.S.E. R.O.W. R.W. Found LOT • Public Access Easement it Public Open Space Easement ▪ Right of Woy • Retaining Hall PRAIRIE AVENUE VARIABLE WIDTH W R.O..) (VARIABLE Q ROVED ROADWAY) -o- 20.3' s •ne re •n g wa m m 60d nail 11.7' 2S N w 1 building r NORTH 5 21.3' t • 1 12.0' N n N RESIDENCE • • 4.0 LOT 10 5. BLOCK 13 t • • • • • • • • 4040, • o 46 • .41 • • • • • • 114 5 6" IRF • :• :. 0.3'w tio 16.5' v 2 3/8" IRF • 6 �0 O 5.0' N W 5.E. a Sewer Easement U.E. a Utility Easement X.T.R.W. a Railroad Tie Retoining Wall O.N.E. a Overt -ad Electric LOT c1 I/2" IRF e' ._-(SGU i H 50.00') `\fin` eter •1 LUF3B0CK AVEN UE (50' R.O.W.) Address: 2636 LUBBOCK AVENUE G.F. No.: 1006-16682-RTT Yte Date: I, Joseph 8. Crosby, Registered Professional Laid Surveyor No. 5566, do hereby certify that the map shown hereon Is true end correct to the best of my knowledge ad belief as determined by ai on -the -grand survey made ceder my direct supervision ad correctly shows the botrdcay Tines ad dimensions of the property, as found on the date of the survey, Indicated hereon. There we no visible conflicts, or protrusions, except as shown c d said property has access to a public roadway. All easements cnd right-of-ways that the surveyor has knowledge of or has been advised of and those shown on the referenced plat of record me shown or noted hereon. This survey Is for the exclusive use of titter company, the martgoae company ad the harem nand purchceer. DATE: ACCEPTED BY: Purchaser Purchaser h„y rep -Swum or two plat v,ttro.t .urv.ras 'mitten caaam 1. o .Mteew( of Federal cowl** f 1207RF03 Cane #t© 4304 TATE SPRINGS ROAD U 100, ARLINGTON, TX. 76016 - PHtt (817)478-6802, FAX (817)475-6562, TOLL FREE' (566)622-6807 07/09/12 I/2" IRF. 100.00' According to the Federot Emergency Management Agency Flood Insurance Rate Map, Community Panel No. 4843000305 K, dated September 25 2009, this property does not He within a 100-Tear Flood Hazard Area LEGAL DESCRIPTION Lot 10, Block 13 of Frisco Railroad Addition an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 909, Page 2, of the Plat Records of Tarrant County, Texas. Scale: Pe 20' Tech: NB A L S Field: TF Job No: LAND SURVEYING prefesetanat Land Surveying Soviet/ 1 Q • NO/<Ohgatt XJ : ui PARKING 6Ph Male I ARCHITECT 1 LCT 0523SAS 'K ukIN. 74913997 • • • • • • . ._0. Q P L E X 2 O 3 L„__V;. & B... s..l...T„E 0 0 • • G • • • • H • NO. PENIS-\ 50•0I 50, co • O4 a 1 0 N Ci PRoPH12Ty LINE Exhibit B CASPE-3 OP ID: TS DATE (MM/DDIYYYY) CERTIFICATE OF' LIABILITY INSURANCE 08/17/12. ,. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 's an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kilpatrick Insurance Agency, Inc. 2410 Montgomery Street Ft. Worth, TX 76107 Hunter Semple INSURED Castle Peak Homes III, LP 16850 Dallas Parkway,#100 Dallas, TX 75248 COVERAGES 817-731-8771 NAME: ' Tanis Smith 817-731-052c (NCJ No, Ext): 817-731-8771 E-MAILSS: tanisck(Ipatrickinsurance.com INSURER(S) AFFORDING COVERAGE CERTIFICATE NUMBER* INSURER A• Endurance Specialty Undwrs INSURER B : INSURER C : INSURER D : INSURER E : ' (a/c, No): 817-731-0520 REVISION NUMBER: NAIC # Walla THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBFt ISR,� OF INSURANCE WTYPE E INSR VD E GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LOC I PR4 ,...�......A .,,,....,,, AUTOMOBILE LIABILITY ANY AUTO ALL OWTJED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED „ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below a OCCUR CLAIMS -MADE YIN NIA POLICY NUMBER POLICY EFF POLICY EXP IhN/DDIYYYY) IMMIDDt,1;YYYt, CBP10000131700 05/31/12 05/31/13 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Vacant dwelling - 2636 Lubbock Ave, Fort Worth TX 76109 LIMITS $ MED EXP (My one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) CCWIb1NLU SINGIa LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE TORY LIM S I I OER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E L. DISEASE - POLICY LIMIT 1,000,00[ 100,000 5,00C 1,000,001 2,000,00C 1,000,00[ CERTIFICATE HOLDER ., „ „ ., „ „. r:Al)lr ,AT)nP CITYFTI City of Ft. Worth 1000 Throckmorton St Ft. Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Hunter Semple 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD