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HomeMy WebLinkAboutContract 44683 (2)CITY SECRETARY CONTRACT NO. ilLII ir' � EASEMENT ENCROACHMENT LICENSE AGREEMENT Residential 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 ("City"), and William R. Fleming, hereinafter referred to as "Licensee", owner of the property located at 12744 Breckenridge Ct. Fort Worth, TX 76177 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D211247175 or Volume and Page No. of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 5 foot wide type of easement: ex drainage, utilityeasement (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 pool equipement which will be purpose of encroachment (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 pool equipment (the "Encroachment"). Upon completion of the 2012 Easement Encroachment Agreement -Residential RECEIVED AUG - 6 2013 OFFICIAL IiNCORD IIIICRIIITAItY ITAI rt re" TX Page 1 of 9 Encroachment, Licensee agrees to be responsible for maintaining 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 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 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 2012 Easement Encroachment Agreement -Residential Page 2 of 9 Works or the Director of the Water Department of the City, or his duly authorized representative. 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 2012 Easement Encroachment Agreement -Residential Page 3 of 9 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 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: $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 2012 Easement Encroachment Agreement -Residential Page 4 of 9 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. 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 necessary fees to record this Encroachment on Easement 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. 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 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 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, privileges 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 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 (� )—day of A/ik , 20! City City of Fort Worth By: RANDLE HARWOOD DIRECTOR NNING & DEVELOPMENT City Secretary 2012 Easement Encroachment Agreement -Residential Licensee: William R. Fleming By: Name: William R. Fleming Title: Owner Approved As To Form and Legality AdA, 0, .cAnd-\( Assistant City Attorney OFFICIAL CITY SECRETARY FT. WORTH, 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 Q* day of ,20 FOREMAN • • „e of Texas . • r.. Expires d, 2017 Notary Public in and for the State of Texas CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 2012 Easement Encroachment Agreement -Residential Page 8 of 9 STATE OF TEXAS COUNTY OF TARRANT 61);,(Lim / Viiiapvi Rem, BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared William R. Fleming, 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 William R. Fleming, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this °Ifs day of , 20 I •-7 • QHA►XALA ME1ICHANT Notary Public STATE. OF TEXAS My Comm. Exp. 11-19.16 ; Notary Pubd for the State of Texas-- 2012 Easement Encroachment Agreement -Residential Page 9 of 9 EXHIBIT A Hose Bibb Electrical Pool Equipment 18' Boulder Coping w/ (3) .75' Lines n Pool Ste Sun Bench I � I 1 1 A/C 1 '1 5,_0' 7,-. Still Needed: C qj namnrc D'a�7 mon O w n1 to4Dekenvxrlsne V O W o Pool Specifications: O 28 rfpME7rR 82' narw 428 soft <' ro. PIRA. No IIGIrR No 2' 3 To 13.0.8 ViiasterP an u&Y5 S�► P o / Qccesy PI Number. 512-1625 Drawing Solo: I/O __ Design S2 I1NO: 0617.2013 Conbua00 Set IISua: 06-152013 Sales Contact 5nu1ea711,13men Jose Snreo RMaaoc 07d5-2013_ _. Pogo Number. A, THE FLEMING RESIDENCE 12744 BRECKENRIDGE CT FORT WORTH. TEXAS LOT 15. BLOCK D VALLEY RIDGE CLAFFEY FOOLS 1625 BRUMLOW (817) 488-5795 PHONE SOUTHLAKE. TEXAS (817) 421-2670 FAX 76092 P.O. BOX 92278 1 1 9. 6' To Property 8-6" To B.O.B. 12'-10° To Property 1 I'-10"To B.O.B. Plan Number S12-1625 17mw6Q Sale: 1/8' - I''-0' _ 06.17-2013 Combudbn Sol In. 06-18.2013 Sale. Contact ShellytC fry&otla Mai r Jose Sbrrato R"Nelonk 2013 Master, „an GA * A03 3of5 r01 EXPANSION JOINT SALT DECK 1-1 \2" NOTCH (1 OF 4) #4 BARS VERTICAL BARS #4 @ 1 O" O.C. /u I 12" x 16" BOX BEAM 1 2" OKLAHOMA COPING \ TILE LINE \ WATER LINE \ .5" THICK PLASTER 6 SACK MIX; REBOUND REMOVED / Pool Wall #4 BARS @ 10" O.C. 6"THICK MIN. WALLS AND FLOOR 6 SACK MIX, REBOUND REMOVED HORIZONTAL BARS #4 @ 10" O,C. / scale:Y1.- I'-0' Pool Plumbing Schematic 12" 6" THOROSEAL: 2 COATS THICK B.O.C. = 99.75 (1 OF 4) #4 BARS SEE CONTRACT FOR STEEL STRUCTURE IN POOL Boulder Coping Pump_ Jandy Stealth 2 hp Filter: Jandy CV460 Water Chemistry: Fusion Inline Chlorinator + Nature 2 (25,000 gala Dell Eclipse 2 Ozone + MDV Cleaner: Barracuda MX8 ROCKS ALL EXTEND PAST LEDGE BY MIN. OF 2" THOROSEAL DOWN 6" PAST LEDGE \ PLASTER Scale:'' - 1.-0' COMPUTER TYPE: ZQ-4P Pool Only FILTER: Filter PLUM RELAY 1: Pool Light RELAY 2: OVA RELAY 3: None SoLAR: None Bon Numb.. 512-1625 O /2Ng $ealc /1 - 1-0• Design S.11aw: 06.17-2013 Conhnclico Sol lwee: 06.18.1013 S.I.. anl.a 5ntlly Dattey Brodcr OeSm By: Jose SerlalC RM.lonc 0046201 Pope Number. �astoe S 4of-5 r r L UJ N 3' bb3 uaai9 bib THE FLEMING RESIDENCE 12744 BRECKENRIDGE CT FORT WORTH. TEXAS LOT 15. BLOCK D VALLEY RIDGE o BEY PooLs 1625 BRUMLOW 1817/ 488-5795 PHONE SO[TI'HLAKE. TEXAS 1817) 421-2670 FAX 76092 P.O. BOX 92278 Produced by Agent Resource Site ACC--; J INSURANCE BINDER DATE (MM!DDNYYY) 06/25/2013 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. ,AGENCY COMPANY BINDER # THE SCHWAB AGENCY Metropolitan Lloyds Insurance Company 6154755840 714 CENTERPARK DR STE 100 of Texas COLLEYVILLE TX 76034 DATE EFFECTIVE TIME 06/25/2013 (A/C. No. ExtI: (81 71 485-5050 ::ODE: 7CJ8011 AGENCY CU TOMER ID: INSURED WILLIAM R FLEMING TAMMIE A FLEMING 12744 BRECKENRIDGE FORT WORTH TX 76177 COVERAGES TYPE OF INSURANCE IPROPERTY CAUSES OF LOSS __1 BASIC I 1 BROAD X Homeowners GENERAL LIABILITY AX INC. No): I SUB CODE: Liability Limit $500000 spEC Medical Limit $5000 COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE I 1 OCCUR VEHICLE UABIUTY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS I VEHICLE PHYSICAL DAMAGE COLLISION: OTHER THAN COL: GARAGE LIABILITY ANY AUTO DED RETRO DATE FOR CLAIMS MADE: DAT�XPIRATION ME X AM 10/11/2013 X12.01 AM pM Binder exp 07/25/2013 I NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #. DESCRIPTION OF OPERATtONSNEHICLEs!PROPERTY (Including Location) 12744 BRECKENRIDGE CT FORT WORTH TX 76177 LIMITS COVERAGE/FORMS DEDUCTIBLE ICONS% AMOUNT Dwelling 1% $180400 Private Structures $36080 Personal Property $126280 Loss of Use $45100 ALL VEHICLES 1 1 SCHEDULED VEHICLES I EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES 1$ I MED EXP (Any one person) 1$ 1 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 11 PRODUCTS - COMP/OP AGG 1$ I COMBINED SINGLE LIMIT I$ I BODILY INJURY (Per person) 1$ 1 BODILY INJURY (Per accident) $ I PROPERTY DAMAGE �$ MEDICAL PAYMENTS I$ 1 PERSONAL INJURY PROT $ _� 1 UNINSURED MOTORIST ►$ 1$ ACTUAL CASH VALUE STATED AMOUNT $ I I AUTO ONLY- EA ACCIDENT $ OTHER THAN AUTO ONLY: I EACH ACCIDENT $ EXCESS LIABILITY I AGGREGATE I$ I EACH OCCURRENCE 1$ — UMBRELLA FORM 1 AGGREGATE 1 $ 'JI HER THAN UMBRELI.A FORM RETRO DATE FOR CLAIMS MADE: ISELE•INSUREDRETENTION I$ I WC STATUTORY LIMITS 1 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL CONDITIONS/ OTHER COVERAGES Home Optional Coverages - have been added to the policy (Incl. In Est. Total Premium). Building Property Loss Settlement : - Ext Limits Personal Property Loss Settlement :- Repl Cost Cont Causes of Property Loss- Smola' Perils NAME & ADDRESS Additional Insured # 2 THE CITY OF FORT WORTH 1000 THROCKMORTON ST FORT WORTH,TX 76102 ACORD 75 (2010/04) MORTGAGEE LOSS PAYEE LOAN It 12:01 am STD E.L. EACH ACCIDENT 1$ E.L. DISEASE - EA EMPLOYEE 1$ I E.L. DISEASE • POLICY UMIT $ I FEES $ :00 1 TAXES $ ESTIMATED TOTAL PREMIUM ADDITIONAL INSURED AUTH IZED R PRESENTATIVE Page 1 0 01993--20110 ACO logo are fir marks of The ACORD name and Ri $ 821 EXHIBIT B WILLIAM R FLEMING H 615475584-0-0 METLLOYDS Page 1 of 1 COMPLETE Term:10/11/2012-10/11/2013 Change Eff: 106252013 initiator: 'Agent Latest Trans:10/11/2012 Latest Process:11/09/2012 Real Time Change Date: J User:#$ Lol: Freeport UW: Loc: Metropolitan Lloyds Insurance Company of Texas Policy # 615475584-0 Policy Si.,,, WILLIAM R FLEMING TAMMIE A FLEMING 12744 BRECKENRIDGE FORT WORTH TX 76177 Home Phone 817-808-1810 Email Address Home Address 12744 BRECKENRIDGE CT FORT WORTH TX 76177 8111 Mode Insured Pay Plan 1-Pay Agent ID 7C38011 THE SCHWAB AGENCY 714 CENTERPARK DR STE 100 COLLEYVILLE TX 76034 817-485-5050 Coverages and Pr. I ... Dwelling [A] Priv Struct [8] Pers Prop [C] Loss of Use [D] Liability [F] Medical [G] Limits 180400 36080 126280 45100 500000 5000 Premium 705 0 0 0 21 8 Loss Ded Theft Ded Hurricane Ded Wind/Hail Ded Intl Prot Deductibles 1% Y Basic Additional Optional SPP Total Annual Premium Premium 705 29 87 0 $ 821 Cause of Property Loss: Special Perils Building Property Loss Settlement: Extended Limits Personal Property Loss Settlement: Replacement Cost on Contents Identity Theft and Credit Protection: Included (Identity Theft and Credit Protection) Optional Coverages Limits Premium Backup of Sewer/Draln/Sump-Pump $87 Forms and Endorsements HP10000902 HP20000205 HP33000904 HP41300110 HP51000105 HP60000205 HP70000902 HAOOTX0607 HAO1TX1110 HF13000902 HF33000607 Discounts/Surcharges Discounts 17% Home Policy Plus -Auto 5% MetRewards 32% Age of Dwelling 15% Security Systems No Surcharges on the policy Rating Year Constructed 2011 Territory 36 Construction Type Brick Veneer Number of Units 1 Mortgagee/Additional Insure/ Mortgagee 1 WELLS FARGO BANK NA PO BOX 100515 FLORENCE SC 29502 Additional Insured 1 THE CITY OF FORT WORTH 1000 THROCKMORTON ST FORT WORTH TX 76102 Scheduled Personal Property No SPP information on policy Qc0 (arras(: t Signature Date Valid when signed and dated by Agent, MetLife Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its affiliates, Warwick, RI. © 2012 MetLife Auto & Home; PEANUTS © 2012 Peanuts Worldwide, LLC Legal Number: L0812272054 [exp0715] [All States] Too of Pane https://servicing.metauto-agent.com/servlet/Controller 6/25/2013