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HomeMy WebLinkAboutContract 56471 Date Received: 10/14/2021 Permit Number: PN21-00152 Time Received: 4:23 pm 56471 City Secretary No.: PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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, Assistant City Manager, or Director of the Development Services Department, and Richard Allen Hall, property owner ("Licensee"). RECITALS WHEREAS, Licensee is the owner of the real property located at 2629 Mockingbird Ct, Fort Worth, Texas 76109 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a Drainage Easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as according to plat recorded in the deed records of Tarrant County Volume 388-21 on Page 58; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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 Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private waterline (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00152 FT. WORTH, TX 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed Tier II Easement Encroachment Agreement Page 2 of 12 PN21-00152 Revised 11/2020 to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as 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 Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. S. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property 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 Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas 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 both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Tier II Easement Encroachment Agreement Page 3 of 12 PN21-00152 Revised 11/2020 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED 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. 10. While this Agreement is in effect, Licensee agrees to furnish City with a homeowner insurance policy for the Property as proof that is has secured and paid for a policy of homeowner insurance covering all risks related to the proposed use and occupancy of the property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,800,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of the policy is attached as Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 12 PN21-00152 Revised 11/2020 11. 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 Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. 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. 14. 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. 15. 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 Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, 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 permissions before occupying such property. 16. 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 attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 12 PN21-00152 Revised 11/2020 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 12 PN21-00152 Revised 11/2020 City: Licensee: CITY OF FORT WORTH Property Owner By:DJ Ha t 12,202113:14 CDT) By: D.J. Harrell, Director of the Name: Richard Allen Hall Development Services Department Title: Property Owner Date: Oct 12,2021 Date: a� OR 0v 0 0 ATTEST: �d�'F°°° °o lc9 Approved As To Form and Legality o0000000 ICY ��SEX Asap Ronald P. Gonzales, Acting Thomas Royce Hansen City Secretary Assistant City Attorney Date: Oct 14,2021 Ordinance No. 24161-04-2020 Date: Oct 6,2021 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. LLe obel-If IV beLG ' Evelyn Rtberts on behalf of(Oct 6,2021 17:00 CD Janie S. Morales Development Services Date: Oct 6,2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 13 PN21-00152 Revised 11/2020 ***THIS PAGE 1 ' CITY OF FORT1 ' OFFICE USE 1 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 D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he 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 12th day of October , 20 21 Jennifer L. Digitally signed by Jennifer �PaYP�s JENNIFER L. EZERNACK L.Ezernack z° Notary Public Date:2021.10.12 14:10:22 * STATE OF TEXAS F 7e rn r�C'k -05'001 q�OF P Notary I.D. 130561630 -— —• M Comm. Ex -.Mar. 1 2024 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared �, ���(Title) known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of , a (entity type), and in the capacity therein stated. "0 dtv1(QU 6-k GIVEN UNDER MY HAND AND SEAL OF OFFICE this �-� day of 06�0�0C. — 20 Z( . EE" MATT TILLY xk' -�6 Notary Public STATE OF TEXAS ID#133026152 Notary Public in d for the My Comm.Exp.Apr.09,2025 State of� �S OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier I1 Easement Encroachment Agreement Page 9 of 13 PN21-00152 Revised 11/2020 EXHIBIT A Description of the Licensee's Property Tier ii Easement Encroachment Agreement Page 10 of 13 PN21-00152 Revised 11/2020 9/3/2021 ArcGIS-Water/Sewer/Reuse Map-Engineering Water/Sewer/Reuse Map- Engineering R :1-J }} 1.2 1-3 261.7 T Approximate alignment of private plumbing in question I t r Y l .ry- �, -� t • i � AS IL 1 `Q 262�J &$ 8-11 5_12 633 38Q 732 Water/Sewer/Reuse map utilized by the Engineering group 4Oft City of Fort Worth City of Fort Worth, Esri.,Inc. https:/tfortworthwater.maps.arcgis.com/home/webmap/print.htmi 1/1 EXHIBIT B Depiction of the Public Property Tier TT Easement Encroachment Agreement Page 11 of 13 PN21-00152 Revised 11/2020 MOCKINGBIRD LANE 0z -f 3 A r CLS& N M G � C"> IV et 7-k V MCIP of zo BRACHMAN AMMON being a subdivision of Tract i-B of the H.H.Edwards Survey in Fort Worth in To rrant County,Texas. CITY OF FORT WORTH TEXAS Surveyed December 7,1959. 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J rb it -ate' ; •* i . �~ 1 ` 4p '4r} y + , ti• j At NIt al r T a i Ir fb ~�'♦A , . , ire{ � � - �.{i y� -A � �_ • • a Ater • '- • rr .r`�'r. -, .,. . -`'_ram, .' �•Yrt`';�'�''' . �. silos �• t '� < f w�• ��s j -� jam'' III`'.-. • ..f ' t � •j :�i�.' 4• i�: {ma's i. - A r. :�• . �. ,F , _ _ �► . ,;fit .� .r, f .} a t� � • ��� .�.., ., •�� ,.,..�,r. .Sjr AIL. LW IL lk rJ ♦.tL •: � • • .2 t. �• i� � 9/3/2021 2601 Mockingbird Ct-Google Maps Go gle Maps 2629 Mockingbird Ct Approximate alignment Y of private plumbing in question (does run behind the mailbox) tf Ate. Existing Water Meter Box Image capture:Jan 2013 ©2021 Google Fort Worth,Texas P1 Google Street View-Jan 2013 https://www.google.com/maps/place/2629+Mocki ng bird+Ct,+Fort+Worth,+TX+76109/@32.7138392,-97.3748318,3a,75y,193.78h,64.51 t/data=!3m7!1 el 13m51 1 s F MtcEB8fl BQ KBSwDOO FAyQ!2e0!6shltp... 112 EXHIBIT D Certificate of Insurance Tier TT Easement Encroachment Agreement Page 13 of 13 PN21-00152 Revised 11/2020 Y�4u«' VAULT COMPLETE ISSUING COMPANY: VAULT RECIPROCAL EXCHANGE TEXAS DECLARATIONS PAGE POLICY NUMBER H0100027289 Richard Hall Gus Bates Insurance& Investments 2629 Mockingbird Ct 3221 Collinsworth Street Fort Worth, TX, 76109 Fort Worth, TX, 76107 Producer#56597 (817)529-5347 Policy Period: 01/11/2021 to 01/11/2022 Each Policy Period begins and ends as 12:01 AM standard time at the insured location. Declarations Effective Date: 01/11/2021 INSURED LOCATION 2629 Mockingbird Ct, Fort Worth, TX 76109 Coverage Coverage Limit Dwelling $1,800,000 Other Permanent Structures $90,000 Contents $1,000,000 Loss of Use Reasonable and Necessary Expenses Sump Pump and Back Up of Sewers and Drains $1,800,000 Liability $500,000 Medical Payments $10,000 Total Location Premium $6,408 PREMIUM ADJUSTMENTS 24-Hour Signal Continuity Protection Y Central Reporting Burglar Alarm Y Central Reporting Fire Alarm Y Complete Home Renovation Y ROOF INFORMATION Age of Roof 10 Year(s) Type of Roof Covering Material Tile Based on the Age of Roof and Type of Roof Covering Material, the most we will pay to repair or replace your roof due to a covered loss caused by hail is the lesser of the applicable coverage limit or VREHO-DECHO-TX(07/19) Page 1 of 4 VAULT VAULT COMPLETE 100% of the reconstruction cost. Refer to your High Value Homeowner's Policy and Roof Covering Payment Schedule Endorsement for the special settlement provisions for your home's roof covering. POLICY FORMS AND ENDORSEMENTS Form Name Form Number Edition Date Amendment to Loss Settlement Provision for Other Permanent Structures- VREHO-ALSP-TX 07/19 Texas Commission Disclosure Notice VREHO-COMMNOT 04/18 Credit Notice VREHO-CRDNOT 05/19 Deductible Waiver for Large Losses Endorsement VREHO-DWLL-CW 02/19 Guaranteed Replacement Cost Coverage VREHO-GRC-TX 07/19 Home Cyber Protection Coverage VREHO-CYBER 04/18 Home Systems Protection Endorsement VREHO-HOMES 07/19 Homeowners Coverage Policy Provisions VREHO-CW 02/19 Important Flood Insurance Notice-Texas VREHO-FLOODNOT 07/19 Privacy Notice-Texas VREHO-PRIV 07/19 Roof Covering Payment Schedule Endorsement VREHO-RCPS-TX 07/19 Service Line Coverage Endorsement VREHO-SLC 07/19 Texas Homeowners Exclusion For Loss Due To Pollution or Contamination VREHO-PEN-TX 07/19 Texas Notice To Policyholders VREHO-TNTP 07/19 Texas State Amendatory Endorsement VREHO-SAE-TX 07/19 Texas State Cancel lation/Nonrenewal Endorsement VREHO-CXNR-TX 07/19 MORTGAGEE INFORMATION Gateway Mortgage Group, a Division of Gateway First Bnk I SAOA/ATI MA PO BOX 5013 Troy, MI 48007 Loan#0013254863 DEDUCTIBLE All Other Perils Deductible $10,000 per loss Wind/Hail Deductible: $18,000 1% of the Dwelling Coverage Limit VREHO-DECHO-TX(07/19) Page 2 of 4 YAU«' VAULT COMPLETE TOTAL PREMIUM $6,408 Surplus Contribution $607 Grand Total $7,015 YOU WILL BE BILLED SEPARATELY FOR ANY PREMIUM DUE VREHO-DECHO-TX(07/19) Page 3 of 4 VAULT VAULT COMPLETE General Inquiries Vault Reciprocal Exchange 300 First Avenue South Suite 401 St. Petersburg, FL 33701 1-844-36-Vault(1-844-368-2858) Claims: 1-844-388-5677 (LOSS) CustomerSupport@vault.insurance Authorized Signature VREHO-DECHO-TX(07/19) Page 4 of 4