HomeMy WebLinkAboutContract 44447 (2)' r ��•�.
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THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH, a home rule municipal corpor•ation of Tarrant County, Texas ("City"), acting
by and through its duly authorized City Manager or duly designated Assistant City
Manager ("City"), and Steven P. Hannifin and Janie C. Pillittere-Hannifin, hereinafter
referred to as "Licensee", owner of the property located at 1225 Gabriel Ln, Fort Worth,
Texas 76116 ("Pr•operty").
RECITALS
WHEREAS, Licensee is the owner of certain real proper-ty described as Lot 48, in
Block l, of RIDGMAR ESTATES, an addition to the City of Fort Worth, Tarrant
County, Texas according to the plat or map thereof, recorded in Cabinet A, Slide 5568, of
the Plat Records of Tarrant County, Texas ("Property"); and
WHEREAS, the City has a 5 foot wide utility easement (the "Easement") in
property as shown on the map attached to this Agreement as Exhibit "A"
incorporated hei•ein; and
the
and
WHEREAS, Licensee desires to reconstructh•eplace a failed City of Fort Worth
"permitted" retaining wall—picture attached—(the "Encroaclunent") which will encroach
approximately 231 square feet 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 repairing/reconstructing an existing retaining wall (the "Encroachment").
etion of the Encroachment, Licensee agrees to be responsible for maintaining
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Encroachment Agreement -Residential
Page 1 of 9
REC�IUEI� �AY 1 � 1�i�
any and all structures and buildings within and above the Easement. 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 Transportation and Public Works Depat�tment 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
Encroachment 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.
2012 Easement Encroachment Agreement -Residential Page 2 of 9
4.
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 Two
Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear
foot of the encroachment area.
5.
The term 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 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, 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.
2012 Easement Encroachment Agreement -Residential Page 3 of 9
�.
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 HIND 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.
:
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:
$300,000
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.
2012 Easement Encroachment Agreement -Residential
A copy of such
Page 4 of 9
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.
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 easements.
9.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessaiy fees to record this Encroachment on
Easement Agreement in its entirety in the deed records of Tan•ant County, Texas. After
being recorded, the original shall be returned to the City Secretaty 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.
2012 Easement Encroachment Agreement -Residential 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 conti�ol 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,
seivants, 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
permitting 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 permission
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.
2012 Easement Encroachment Agreement -Residential Page 6 of 9
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
pi•ivileges or duties under this contract without the written approval of City, 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 govet•ned by the laws of the State of Texas.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this �"day of � �-� ' , 2C��
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City
City of Fort Worth
By:
Licensee:
Steven P. Hannifin &
Janie C. Pillittere-Hannifin
�����-���
By:
Name:
RANDLE HARWOOD
DIRECTOR
PLAI��NING & DEVEI
ATTEST:
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Title:
As To Form and Legality
Assistant City Attorney
2012 Easement Encroachment Agreement -Reside���p���oAL REC�68-�1'
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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 insri-ument, 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 LJNDER MY HAND AND SEAL OF OFFICE this � S-� day of
, 20�.
Notary Public in and for �il�`e State of Texas
R. G. NAREI
Notary Public, State of Texas
My Commission Expires
September 10, 2013
2012 Easement Encroachment Agreement -Residential Page 8 of 9
STATE OF TEXAS
;K�I�L�r•L�7�II_\ �.7_\���
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BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of
Texas, on this day personally appeared Steven P. Hannifin & Janie C. Pillittere-
Hannifin, known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same for the purposes and
consideration therein expressed, as the act and deed of Steven P. Hannifin & Janie C.
Pillittere-Hanni�n, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
ri � , 20�.
C '�, tiL
SEAN CHRISTOPHER �1CINTOSH
My �ommissid� �xpires
Septe'mber� 3,�2Q14 -
2012 Easement Encroaclunent Agreement -Residential
Notary Public in and for the
State of Texas
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1225 GABRIEL LANE
FORr woarH, rx �s� i s
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4-12-2013
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TX FIRM# F-4167
1. THIS DRAWING IS INTENDED TO SHOW THE LOCATION OF PROPOSED EROSION PROTECTION WALL.
2. NO TREES ARE PtANNED TO BE REMOVED AS PART OF THIS PROJECT. THIS DRAWING SHA�L
NOT BE USED AS A METHOD TO AUTHORIZE ANY TREE REMOYAL. PLEASE CONSULT PROPER
AUTHORITIES PRIOR TO ANY REMOVA�.
3. CONTftACTOR IS RESPONSIBLE FOR CALLING "DIG TESS" TO ESTABLISH UTI�IiY LINE LOCATIONS
BEFORE BEGINNING CONSTRUCTION.
4. CONTRACTOR WILL PROVIDE STATION SECTION LOCATIONS AND NOTIFY CIN 24 HOURS IN
ADVANCE OF BEGINNING CONSTRUCTION.
S.CONTRACTOR SHALL PROVIDE TEMPORARY MEANS AND METHODS, ACCEPTABLE TO THE CITY, TO
PROTECT THE SLOPE ADJACENT TO THE STRUCTURES FROM FAILURE DURING CONSTRUCTION.
6. CONTRACTOR SHALL CONTACT CITY AND FRANCHISE UTILITY COMPANIES TO RELOCATE UTI�ITIES
FOUND IN CONFLICT WITH THE WALL.
Report Prepared by THE SADLER GROUP — STRUCTURAL ENGINEERS for
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PROJECT INFORMATION
PROJECT:
LOCATION:
1308 SARATOGA CT
ALEDO, TX 76008
(817) 966-6799
SG4E MS I OHAWN Bri �b I CHECKEO �"� TSadler
JOB NUMBER
NEW STONE RETAINING WAII
1225 GRABRIEL LANE
FORT WORTH, TX 76116
13EXT-02
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/ THOM�IS R. SADLER
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TX FIRM# F-4167
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SCALE: 3/8"=1 ' —0"
Report Prepared by THE SADLER GROUP — STRUCTURA� ENGINEERS for
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PROJECT: NEW STONE RETAINING WALL
LOCATION: 1225 GRABRIEL IANE
FORT WORTH, TX 76716
13EXT-02
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9S00 Fre�lr.ricksbu�Road
San Anionio, Texas 75288
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