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HomeMy WebLinkAboutContract 43791 (2)CITY SECRETARY coNTRACT (40. 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, or designee and Fort Worth Housing Authority hereinafter referred to as "Licensee", owner of the property located at 2309 Fall Court, Fort Worth, Texas 7613 3 - 4415 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Lot 33, Block 9, Woodmont Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-119, Page 17 and 18, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a 5 foot 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 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. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or 10 i2 P01:56 1 OFFICIAL RECORD �. CITY SEcRETARY Ft WORTH, TX • 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 perfoiined 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 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 hncroachment 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 ($ 275.00) 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, 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 perfoituing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. l'he 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 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 attorney's fees. 10. 4 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 thi�-�li�%�day of City City of Fort Worth By: RANDLE HARWOOD DIRECTOR PLANNING& DEVELOP ATTEST: City Secretary C tX11t FOfl op00000 (� oa %0 o' a a *i roved As To Form and Legality o` pp g tY *SXAS°/JtkXwQM 1 f, lWitrealt % Assistant City Attorney Licensee it, 1 ikS Q t By: flu) VItU cataka, &-o-gieten Name: Barbara Holston Title: President & CEO 5 • OFFICIAL RECORD CITY SECRETARY FL wottTh, TX 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this • IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 28, 2016 • IOW tl 1,..) Le,,, .?; Notary Public in and for the State of Texas day of 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 (*II day of Malt r ,20 la. . 1 i EVA C. KEY MY COMMISSION EXPIRES August 12, 2013 • Notary Puband State of Texas 7 • SCALE 1"= 20' LOT 32, BLOCK 9 WOODMONT VOL. 388-119, PG. 18 P R.T.C.T, CAPPED I.P. SE' . 2309 FALL COURT cRoss_ArtE /1 WALL R=50.00 r-- L=39 a 7 e 1 /2" I.P. FND. BEARS S31°2?'W 0.5' • NOTE: ALL FENCES ARE WOOD AS SHOWN. n1 QD Co y 0 0 H. / �.,� _ TIE C1{I3 �- E, vote ivagyilort -- s • 19.6 10.4 :rti • N 7.0 5•0 3.�r w 6.6'-' o.te $ OWE & FRAME RESIDE 20.13 LOT 38, BLOCK 9 WOODMONT VOL. 388-119, PG. 18 P.R.T.C.T. LOT 33 BLOCK 9 w 6,708.76 S.F. 01 EXHIBIT A • LOT 34, BLOCK 9 WOODMONT VOL. 388-119, PG. 18 P.R.T.C.T. yfr o 'fir z, c9. °4, cif gS:ftl 6 LOT 37, BLOCK 9 WOODMONT VOL. 388 -119, PG. 18 P.R.T.C.T. rdelMene ?ea// o n1 'sky be removed re According to Pens Hap Panel N_�L SO4j.-.C__R Loth (� . Dated a q nra r Jfavr e wall to The above lot does NOT lie within the 100 year flood Plain, at this time aJJLJ• ke i 0 A a ASPHALT PAVING PLAT OF LOT 33, BLOCK 9, WOODMONT, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-119, PAGE 18, PLAT RECORDS, TARRANT COUNTY, TEXAS LEGEND IRON PIN IRON PIPE BOIS D'ARC STAKL CONCRETE MON —X—X-- FENCE -- `— POWER L/NE —T—T-- TELEPHONE LINE - CATV-- CABLE TELEVISION b .ADED AREA A Q .,. • ••. •• • • • • • • •• •• • O1-68J • LOYD BRANSOM SURVEYORS INC. CHARLES B HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 834-3477 04-03=01 441142- 0 Cu Om rn r in rn v >z o in a0 rz NY1d 1VOld&1 mmin el A XCA MASONRY RETAINING WALLS - NOTES k STANDARD DETAILS 2309 FALL COURT FORT WORTH, TEXAS ERWS, INC. EULESS, TEXAS A •fl020.1 CONTROL Jams in YOU. b't s Frnivr 3SV8 ltl M3IA NY1d 1VOIdA A r 0 La zy 0z Al z o zr z0 rn LIP r -011 ym &$=. 3= ss 888 a$ S= a 82 8 4 n; 22et 2E g_; `2g a tz3 ci lag; a u� g ma$; w als- itJ - ag • • FALKOFSKE ENGINEERING, INC. I I DATE DES Nina-+ 1414 West Randol Mill Road I DRNI. Structural Engineering Consultants Texas Registered Engineering Firm: if F-4038 e Arlington, Texas 76012 Metro (817) 261-8300 I CHX.10.1-+r, BY TIN TJw TJ{ NODATEDATE 8 3^sg8-8 ?• QF RENS'O% H s° g Da Lit g• i in EL & Br VARIES rz � IRW2i RETAINING WALL - SECTION NEW 1 PRY :TONE NEWALLJNINO NA RE REMOVE EXISTING LOWER RC, WALL MAN-OR/IL AG JACRTAR REQUIRED INDICATES STONE iS MORTARED 'SHE O007014, PP ONT AND BACK FACL STENt. PER OWNER 3' Pk WEEP MOLE CRAM SINK IV 411 MAX. \ RIPER TO CIVIL =Eu n, _ Ln �i_i t rJ iI_ I ,ll.-- A RW2I awn 50 10nr °„ ag tot wpm /WC Wu • 571 al TX 01 NULL. DATSICAT ACM"UPI aa 1. -v.-sue TOP , SHEET °RAIN MAY DC tLO DQWWP4 ,_. MAX. FROM SHOULDER. WWI A TOPA Pa OW 4* TOP °SOIODSRC IRREGUNf. MAY °° O&.NESOE COMPACTED, OR EXISTING °iND" x° N TD SHEET DRAM. SEE A/RWI. OMPACTED SOIL ANDEICLHU.i WEEP ‘ditio, Taos a au -&:ssu USETM� tULE ON„RW2 440 0 CAPAOTY 1900 pa Same aria" Mat SLICTPAP OTIPATIMMI sane at ala AM tenni 10C 01 000 (Oa MO Dem Olga) AtIrell sea Rao Paoli Ian or Masa nowt 14Oa 330;.o chop tan TYPICAL WALL SECT QN BEARING IN CLAYEY GR SANDY SOILS MAX SLOPE ABOVE WALL IV44OH a au CAPACITY 2500 pot a Z `o alp p EE& oS _8 5F zX IN rjr wW raw • • Tl�. <O9958 4i ` L se JOB NO. 31012 - W2 t v • r • 1 • •, (• t. All _3 '�- a. ram.. ; . 4 • ti,); -nImo.; 'i �` .. r 1 -. Sr C... j } � , * ".•• . }4� • iY! P mit • 1 j 1 el •� t•i o * - ^ —iv i • t • • t • 1 rof • a • # 4 • 1 A,CORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/24/2012 Mullis Newby Hurst, LP 5057 Keller Springs Liberty Plaza II Addison INSURED ERWS, Inc. 11016 S. Pipeline Rd Euless TX Rd, 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 is an ADDITIONAL INSURED, the pollcy(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 CONTACT Leah Wood NAME: PHONE Pxfl� ( 972)201-0131 (A/C. No #400 E-MAIL ADDRESS: )wood@mnhins . com INSURER(S) AFFORDING COVERAGE I NAIC # INSURER A Amerisure Mutual Insurance Co. 123396 INsuRERBAmerisure Insurance Company 19488 TX 75001 INSURER C • INSURER D : INSURER E : INSURER F : 76040 COVERAGES CERTIFICATE NUMBER:12/13 4933 FAX (972)201-0123 (A/C. NM: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER IMM/DD/YYYY) (MM/DD/YYYY1 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A B B A CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY I X .Pj R? fl LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X UMBRELLA LIAR EXCESS LIAB DED I I RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABIL TY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X SCHEDULED AUTOS NON -OWNED AUTOS X OCCUR CLAIMS -MADE Y/N N N/A CPP 2068946 CA 2068945 CU 2068947 is 2068948 4/12/2012 4/12/2013 4/12/2012 4/12/2013 4/12/2012 4/12/2013 4/12/2012 4/12/2013 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: The City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE' $ E.L. DISEASE - POLICY LIMIT I $ Certificate holders include: The City of Fort Worth; Fort Worth Housing Authority I OTH- I 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 5,000,000 5,000,000 Is 1,000,000 1,000,000 1,000,000 The General Liability, Automobile and Umbrella policies include a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER Fort Worth Housing Authority 300 South Beach Street Fort Worth, TX 76105 CANCELLATION 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 Sam Mullis/LEAH xIgneas1 ER ACORD 25 (2010/05) INS025 nntnn') n� 1988-2010 ACORD CORPORATION. All rights reserved. Thn Arr1Rr1 nmmn nr1 Innn nrn rnnietnrnrl mark* of ArrlRrl COMMENTS/REMARKS The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder for ongoing and completed operations only when there is written contract between the named insured and the certificate holder that requires such status. The General Liability, Automobile and Umbrella policies contain an endorsement with primary and noncontributory wording that may apply only when there is a written contract between the named insured and the certificate holder that may require such status. The General Liability, Automobile, Workers Compensation and Umbrella policies include a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires this. EXHIBIT B OFREMARK COPYRIGHT 2000, AMS SERVICES INC.