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Home My WebLink AboutContract 47337 (2)4}4 ECE%VED DEC 18 2015 t `,, CITY Of itORT WORTI CITY SECRETARY CITY SECRETARY CONTRACT IRON..-- EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial 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 Planning and Development Director, and Christopher Troy Abbott, hereinafter referred to as "Licensee", owner of the property located at 905 Albany Drive, Fort Worth, Texas 76131 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Lot 17, Block 1, Ridgeview Farms Phase III, an addition to the City of Fort Worth, TalTant County, Texas as recorded in County Clerks Document No. D214080341 or Volume and Page No. of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 5 foot wide drainage 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 and maintain a retaining wall and decking which will be used for making the backyard useable (the "Encroachment") and 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 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 upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A for the purpose of constructing a retaining wall and decking (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and aboveSetEasemenLenljeensee shall not 2014 Easement Encroachment Agreement -Commercial OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1of9 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 perfoiined in strict compliance with the Charter, Ordinance 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 of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable 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 the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage 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 the hncroachment and use, Licensee shall pay to 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 of the City, or his duly authorized representative. 4. 2014 Easement Encroachment Agreement -Commercial Page 2 of 9 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 Three Hundred and Twenty Five Dollars ($325.00). 5. The terra of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6 It is further understood and agreed upon between the parties hereto that the easements 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 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 terra hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, 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 the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. 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 2014 Easement Encroachment Agreement -Commercial Page 3 of 9 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. 8. While this Agreement is in effect Licensee 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 Licensee that such insurance amounts shall be revised upward at City's option and that Licensee 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" Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement 2014 Easement Encroachment Agreement -Commercial Page 4 of 9 Licensee 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 Licensees' contractors. 9. 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 Encroachment on basement 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. 10. Licensee 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 Encroachment and uses. 11. 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. 2014 Easement Encroachment Agreement -Commercial Page 5 of 9 12. 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. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of peiunitting 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 peilnission before occupying such property. 14. 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. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement 2014 Easement Encroachment Agreement -Commercial Page 6 of 9 16. 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 Planning and Development Director, and any attempted assignment without such written approval should be void. 17. 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. 18. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this City City of Fort Worth By: 611_ �arwood;�Director Planning and Development day of 4/00711-1 Licensee: Christopher Troy Abbott By: Name: ourze o a.tLt A 7. Title: 0.7_ Arft/Z Approved As To Form and Legality Assistant City Attorney 2014 Easement Encroachment Agreement -Commercial al 0�y OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 9 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned a t`hority, a Notary Public in and for the State of Texas, on this day personally appeared R takItI o4, 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 H AND SEAL OF OFFICE this day of moo. ��: •(fir emu+; .0� •re •••.•}. CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 Wotary Public in and for the State of Texas 2014 Easement Encroachment Agreement -Commercial Page 8of9 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 Christopher Troy Abbott, Owner, 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 Christopher Troy Abbott, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Zactik day of OovCmeee , 20 15 . A ``:111111111/1��' • :fa' it % S I *, JON L. COOPER Notary Public STATE OF TEXAS My Comm. Exp. February 3, 2017 tary Public in and State of Texas 2014 Easement Encroachment Agreement -Commercial Page 9 of 9 EXHIBIT "A" Main IfIock 2' APACHE BLEND RETAINING WALL CAPPED IN OKL1I FLAG TO STEP DOWN / GRADE 4' FLAT TOP WROUGHT IRON FENCE W/ GATE TO CODE BY1CCENT II 4 23'6" -ENGINEER LETTER -APACHE BLEND CHOPPED STONE FOR RAISED BEAM VENEER & RETAINING WALLS; THIS IS STONE ON fl' FRONT OF HOUSE ACCESS FROM BEHIND GATt" 11 ACCENT TO TIE DECK DRAINS INTO EXISTING FRENCH DRAIN FYiKI'ING GRILL ACCENT TO CAP EXISTING PATIO IN SPRAY DECK 4 "1STING HOSE BIB 5' DRAINAGE EASEMENT VB SLEEVE xy I STONE W'A1TER DROPS 0 0 0 ,z6it S1.EE RESIDENCE • 3W 3' 2' RAISED BEAN, CAP IN OKLA FLAG/FXCE: IN APACHE BLEND 10( 12" WID%BENCI I /� 0 TANNIN , LEDGE W/ (2) BUBBLERS ATTN ONCOR: I'N DERGRQQN D ELECTRIC BURIED IN (:O. FH:.L RUNS TO FRONT. NO F.I.ECtRWC• N BACKYARD. 4J 2' APACHE BLEND - RETAINING WALL CAPPED - IN OKLA FLAG TO STEP J1C1%% W/ GRADE EQUIP .A/C C'----1MAININ EXItil•ING SWELL HOSE BIB RUN OFF host BIB ON OPPOSITE SIDE OF HOUSE 11'6" 3'6" 3'6" 30' 1' 6" 5 3' „poot's N 6" i LEGAL DESCRIPTION LOT: 17 BLOCK: 1 TRACT: RIDGEVIEW FARMS NOTE: SCALE 1/8" + 1' ACCENT POOLS 1028 W. PIONEER ?KWY ARLINGTON, TX. 76013 PH-817-226-7665 FAX-817-275-0647 www.accentpcols.com DATE: 11/9/15 DESIGNER: TOM CHECKED: 12 3" 12'3" 11'6" 2'6" SIZE: 17' X 30' DEPTH: 3' - 5' • 4' AREA: 430 SQ. FT. Pa..RIME''R: 89' TILE: 53 SQ. FT. NOBLE WIS 681 SAi2DINIA IUKQLOISE COPING: OIQ.A11OMA FLAGSTONE INTERIOR FINISH: STONESCA?ES POOL CAPACITY: 12,900 GALLONS PUMP CAPACITY: 90 GPM MOTOR 11P: 1.5 HP JANDY W/ BOOS'": R FILTER: JANDY CARTRIDGE 580 SQ. FT. TURNOVER: 3.5 IRRS SKIMMER: 2 RETURNS: 4 MAIN DRAINS: () DUAL SAFETY ANTI VORTEX BACKWASH TO: NONE FILL LAVE: NONE HEATER: NONE siE: GAS BY: NONE LIGHTS: 500W W/ COLOR LENS KIT CLOCK: DUAL ELECTRIC BY: 2 STORY BTU POOL CLEANER: POLARIS 280 W/ BOCSTER PUMP INLLNE CHLORINATOR: YES SALT SYTEM: NONE DIVING BOARD: NONE COLOR: NONE SLIDE: NONE COLOR: NONE CURVED: NONE ROPE RINGS: NONE GRADING: 2 HOURS WALKOUT: NONE TRACTOR SIZE: BIG HOE TREES: NONE CONCRETE REM BY: NONE DECK BY: 348 SQ. FT: NEW/98 SQ. FT. CAP PATIO IN SPRAY OLC.IC NItANCISCAN'l Al INFO: -STONESCAPES -ENGINEER LETTER •TANNING LEDGE W/ (2) BUBBLERS •24" RAISED BEAM, CAP/FACE IN STONE OKLAHOMA FLAGSTONE COPING •24" APACHE BLEND RETAINING WALL CAPPED IN DKLA FLAGSTONE TO STEP Mt/ GRADE -CAP EXISTING PATIO IN SPRAY DECX -TIE DECK DRAINS INTO :MISTING FRENCH DRAIN -(3) STONE WATER DROPS • -4' FLAT TOP WI FENCE W/ GATE TO CODE -HOSE BIB RUN OFF EXISTING NOSE BIB ON HOUSE -SPRINKLER REROUTE CUSTOMER INFORMATION NAME: CHRIS ABBOTT AND A31ANDA ADDRESS: 905 ALBANY DR. FORT WORTH, TX. 76131 PH: 214-215-7995 PH: PH: EMAIL: `abbott272004Ca,yaboo.eom PODS 2516 1M.104 34-G EXHIBIT "B" cioR1® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/09/15 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 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 KnH Insurance Services 1701 Highway 287 N., Suite 105 Mansfield, TX 76063 Phone (817) 453-1477 INSURED Accent Pools Inc. - 377133 1028 W Pioneer Pkwy #A Arlington, TX 76013 COVERAGES CONTACT NAME: PHONE (A/C_ No_ Ert): E-MAIL S: INSURER : INSURER B : INSURER C: INSURER D : INSURER E : INSURER F • CERTIFICATE NUMBER: REVISION NUMBER: Bo Rankin (817) 453-1477 brankin@knhinsurance.com FAX No): Fax (817) 453-1473 INSURER(S) AFFORDING COVERAGE Colony Insurance Co Utica National Insurance Co Service Lloyd's Insurance Co (817) 453-1473 NAIC # 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 LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Contractual Liability Primary Non Contributory GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Iv PRO I I LOC AUTOMOBILE LIABILITY J ANY AUTO B AUTOS OWNED A HIRED AUTOS n UMBRELLA LIAR EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS WI OCCUR CLAIMS -MADE 10,000.00 I 1 DED V RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE C OFFICER/MEMBER EXCLUDED? Mandatory in NH) (yes, descnbe under DESCRIPTION OF OPERATIONS below Y Y Y 103GL0005881-03 Y Y 4864781 Y Y N/A Y XS1691283 SRZG29735-15 11/01/2015 11/01/2016 11/01/2015 11/01/2016 11/01/2015 11/01/2016 11/01/2015 11/01/2016 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER City Of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 ACORD 25 (2010/05) QF CANCELLATION 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 WC STATU- TORY LIMITS E.L. EACH ACCIDENT $ EL DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ 1,000,000.00 100,000.00 5,000.00 1,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 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 1988-2010 ACORD CORPORAT ON. All rights reserved. The ACORD name and logo are reg•stered marks of ACORD