HomeMy WebLinkAboutContract 43227 (2)eteAr SECRIETA tYi
CONTRACTYr _).-- 1
ENCROACHMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANi' §
THIS AGREEMENT is made and entered into by and between the City of
Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by
and through its duly authorized Planning and Development Department Director,
hereinafter referred to as the "City", and Sendera Ranch Homeowners
Association acting herein by and through its duly authorized Mehrdad Moayedi
hereinafter referred to as "Grantee", Owner of the property located at Phase 1,
Section 3, Willow Springs Road from Fence post to Sendera Ranch Blvd. will be
in the beautification area. ("Property").
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to Grantee permission to construct/ install and/or
allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses
and/or occupies portions of the space under, on and/or above the streets, alleys,
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
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05-17-12 A09:28 IN
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Add irrigation well along Willow Springs Road so the Association is able to add
trees, plants and shrubbery along Willow Springs, from Fence post to Sendera
Ranch Blvd. to make an enhancement along the roadway. Willow Springs will
look like Sendera Ranch Blvd. when this project is completed. Agreement 18"
bevnnd the curb..
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A", attached hereto, incorporated herein and
made a part hereof for all purposes.
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All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in strict compliance with
this Agreement and the Charter, Ordinances and Codes of the City and in
accordance with the directions of the Director of Transportation and Public Works
of City, or his duly authorized representative. All plans and specifications thereof
shall be subject to the prior written approval of the Director of Transportation and
Public Works, or his duly authorized representative, but such approval shall not
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relieve Grantee of responsibility and liability for concept, design and computation
in preparation of such plans and specifications.
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3.
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in, under, on or above the surface
area of the streets, alleys, sidewalks and other public rights -of -way involved,
except as described herein and shown on the hereinabove referred to Exhibit "A".
4.
Grantee, 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 use and occupancy, including the securing of approval and
consent from the utility companies and the appropriate agencies of the State and
its political subdivisions. 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 such
encroachment and use, Grantee shall pay to City an additional amount equal to
such additional cost as determined by the Director of Transportation and Public
Works of the City, or his duly authorized representative.
5.
City may enter and utilize the referenced areas at any time for the purpose
of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. In this regard, Grantee
understands and agrees that City shall bear no responsibility or liability for
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damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
6.
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,
Grantee agrees to pay to City at the time this Agreement is executed a fee in the
sum of _Five hundred Seventy Five Dollars ($575.00).
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Grantee shall, at the option of City
and at no expense to City, restore the public right-of-way and remove the
Improvement encroaching into the public right-of-way, to a condition acceptable
to the Director of Transportation and Public Works, or his duly authorized
representative, and in accordance with then existing City specifications. It is
understood and agreed to by Grantee that if this Agreement terminates and
Grantee fails to remove the Improvement, Owner hereby gives City permission to
remove the Improvement and any supporting structures and assess a lien on the
Property for the costs expended by the City to remove such Improvement.
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9.
It is further understood and agreed upon between the parties hereto that
the public rights -of -way, alleys, sidewalks ("public right-of-way") to be used and
encroached upon as described herein, are held by City as trustee far the public;
that City exercises such powers over the public right -of way 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
public right-of-way 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, 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 this Agreement shall automatically terminate.
10.
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
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11.
Grantee 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 Improvement, encroachment
and uses.
12.
Grantee 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.
13.
Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Grantee.
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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 SAID IMPROVEMENT AND
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
S UCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL
L IABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY
AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR
IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
S UBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
15.
While this Agreement is in effect, Grantee 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
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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 Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee 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" Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of the execution of this Agreement.
Grantee 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 Grantee's contractors.
16.
Grantee 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
Consent 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
17.
9
In any action brought by the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the
City Manager or designee. Any attempted assignment without prior written
approval will be void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
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ATTEST:
/Assfpity Secretary
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EXECUTED this
City
City of Fort Worth
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By:
Rance Harwo Name: yitrh6a&miudi.
Director Title: r1 tcopAvre
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Grantee Sendera Ranch HOA
Merhdad Moayedi, President
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By: -2,..ts
proved As To Form And Legality
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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 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 day of
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IRMA SAEN` Z
Notary Public
STATE OF TEXAS
My Comm. Exp. Jon, 28, 2016
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Notary Public in and for the
State of Texas
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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 Mehrdad Moayedi, 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 Sendera Ranch Homeowners Association, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
NiLl4 , 20 sig-7
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OF I CJ-
LAURA WAYLAND
My Cotnrnission Expires
July 14, 2012
Iiita
Notary Public in and for the
State of Texas
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FILED
In the Office of the
ARTICLES OF INCORPORATION Secretary of State of Texas
OF APR 21 2004
SENDERA RANCH MASTER ASSOCIATION, INC.
(A Non -Profit Corporation) C ;orporatiors Section
The undersigned natural person of the age of eighteen (18) years or more, acting as the
sole incorporator of a corporation under the Texas Non -Profit Corporation Act, does hereby
adopt the following Articles of Incorporation for such corporation:
ARTICLE ONE
The name of, the corporation is Senders Ranch Master Association; Inc.
ARTICLE TWO
The corporation is a non-profit corporation,
ARTICLE THREE
The period of its duration is perpetual.
ARTICLE FOUR
The purposes for which the corporation is organized are to exercise all powers and
privileges and perform all duties and obligations of the corporation, in its capacity'as the Master
Association, as granted and required in the Sendera Ranch Master Declaration of Covenants,
Conditions and Restrictions dated January 30, 2004 and recorded in the Official Records of
Denton, Tarrant, and Wise counties on February 4, 2004 (the "Master Declaration'), to be treated
as a homeowners' association within the meaning of the Internal Revenue Code,. and to do all
other things necessary and proper to accomplish any and all of the purposes and to exacta all of
the•general powers of a non-profit corporation.
• ARTICLE FIVE
Capitalized terms used herein shall have the same meaning as set forth in the Master
Declaration.
ARTICLE SIX
The corporation shall have Members as provided in the Master Declaration.
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118D NT_SERVBRtwpprolaw1892.158182666.doc
Lest Revised: 3/19/04
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ARTICLE SEVEN
The address of its initial registered office is 10,000 N. Central Expressway, Suite
900, Dallas, Texas 75231, and the name,of its initial registered agent at such address is
Glen A, Bellinger.
ARTICLE EIGHT
iThe number of directors constituting the initial Board of Directors is three (3) and
the name and address of each person who is to serve as director of the corporation for the
• term set forth opposite his name or until his successor is elected and qualified is:
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NAME:
INITIAL TERM
ADDRESS: OF OFFICE:
Mehrdad Moaycdi 3901 Airport Freeway, Ste. Until first
200 election
Bedford, TX 76021
Steve Lenart
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Steve Howard •
1707 Marketplace Blvd,, . Until first.
Ste #250 I Election
Irving, TX 75063
1707 Marketplace Blvd., Until first
Ste #250 election
Irving, TX 75063
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Voting rights of the Members are explained and, described to the Bylaws of the
Master Association and In the Master Declaration. The right of Members to cumulative
voting in the election of directors is expressly prohibited,
ARTICLE NINE
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The address of the incorporator is 10,000 N. Central Expressway, Suite 900,
Dallas, Texas 75231.
ARTICLE TEN,
The amendment, alteration or repeal of these Articles or the Bylaws shall require
the assent of the membership as more specifically set forth in the Bylaws and/or the
Master Declaration.
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11BD NT SERVER\wpprolaw\892.158182686.doc
Lan Revised: 3/19/04
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ARTICLE ELEVEN
Any action authorized or required by the Texas Non -Profit Corporation Act to be
taken at any annual or special meeting of Members, Board of Directors, or any committee
thereof, or any action which may be taken at any annual ox special meeting of Members,-
may be taken without a meeting, without prior notice, and without a vote, if a consent or
consents in writing, setting forth the action so taken, shall have been signed by the holder
or holders of a sufficient number of votes to take such action at a meeting at which all
members were present and voted.
ARTICLE TWELVE
No director of the corporation shall be liable to the corporation or its members for
monetary damages tor an act or omission in the director's capacity as a director, except
for liability (1) for any breach of the director s duty of loyalty to the corporation or its
members, (2) for acts or omissions not in good faith that constitute a breach of duty of the
director to the corporation or an act or omission that involves intentional misconduct or a
knowing violation of law, (3) for any transaction •from which the director received an
improper benefit, whether or not the benefit resulted from an act taken within the scope
of the director's office, and (4) for acts or omissions for which the liability of a director is
expressly provided by statute Any repeal or amendment of this Article Twelve by. the
members of the corporation shall be prospective only, and shall not adversely affect any
limitation on the personal liability of a director of the corporation existing at the time of
such repeal or amendment. In addition to the circumstances in which a director of the
corporation is not personally liable as set forth in the preceding sentences, a director shall
not be liable to the &hest extent permitted by any amendment to the Texas statutes
hereafter enacted that further limits the liability of a director.
ARTICLE THIRTEEN
The corporation is a non-profit corporation, without capital stock, organized
solely for the purposes specified in Article Four, and no part of its prop'.rty, whether
income or principal, shall ever inure to the benefit of any director, officer, or employee of
the corporation, or any individual having a personal or private interest in the activities of
the corporation, nor shall any such director, officer, employee, or individual receive or be
lawfully entitled to receive any profit from the operations of the corporation, except for a
reasonable allowance for salaries and other compensation for personal services actually
rendered in carrying out the corporation's stated purposes.
IN WITNESS WHEREOF, the undersigned has set his/her hand hereunto on the
1 eh day of April 2004.
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\\BD_NT SERVER\wpparolaw\892.158182686.doc
Last Rcvleed: 3/19/04
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