HomeMy WebLinkAboutContract 44683 CITY SECRETARY
CONTRACT ,
EASEMENT ENCROACHMENT T ICENSE AGREEMENT
Residential
THIS AGREEMENT ENT is made and entered into by and between THE CITY OF FORT
WORTH, a hone rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorised City Manager or duly designated Assistant City
Manager ("City"), and William R.Fleming, hereinafter referred
to as'"Licensee'', owner of the ,property located at 1.2744 Breckenridge Ct.
Fort North,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 Gwent o. D21 1247175 or 'Volume and Page No. of the
Real Property records of Tarrant County("'Property"'),and
WHEREAS, the City has a 5 foot wide type err ` asem nt.- ex drainage,
utilatyeasement (the `'Easement") in the property as shown on the snap attached to this
.Agreement as Exhibit".A"and incorporated herein;and
WHEREAS, Licensee desires to construct/place and maintain pool equipernent
which will be purpose, '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
NT
1.
The City, in consideration of the payment by the Licensee of the lee 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 "Encroachrnent"). Upon completion of the
OFFICIAL RICORD
2012 Easement encroachment Agreement-Residential Page:1 of
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Encroachment, Licensee agrees to be responsible for maintaining any and all structures
and buildings within and above the Easement. Licensee shalll 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
2O12 Easement Encroachment Agreement-Residential Page 2 of 9
Works or the Director of the 'Water Department of the City, or his duty 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 surn, 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 squareflinear
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 ten-ninate upon the noncornpliance of any of the terins of this Agreement by the
Licensee. City shall notify Licensee of the non-cornpliance 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 doles 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 AN" 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 fo 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-
$300000
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 Easenient 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 (1 0) days prior
written notice to the Building, Official of the Clity 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 orjoint enterprise between City and Licensee.
1-3.
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 C:ity for the enforcement of the obligations of the
Licensee,,City shall be entitled to recover interest and reasonable attorney's fi~es.
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.
0
EXECUTED this �—day of t/�w It, 20
City Licensee:
City of Fort Worth William R. Fleming
By: By A. ......
Name: Wiil,l,iam R. Fleming
FAA LE HkRWOOD Owner
DIRECTO Title:R
F:0*r FNG&DEVELOPMENT
N
N6
t-A
T Approved As To Form and Legality
000 000 00P
City Secretary Assistant City Attorne OFFICIALq#Cpp
2012 Easement Encroachment Agreement t- esidential CITY SECRETARY
FTe WORTHV 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 foir 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
20
vOREMAN
e OfTexas
E X0 103
2017
Notary Public in and for the State of Texas
Nii NOW!!
CASSANDRA F,FOREMAN
Noiory PublIC,MOM OfTeXOS
my COMMINOOM Explires
ApIll 26 2017
2012 Easement Encroachment Agreement-Residential Page 8 of 9
1*7
s"rATE 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 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 UNDERMY HAND AND SEAL OF OFFICE this day of
201�
GHAZALA WNCHANT
Notary Public
STATE,OF TEXAS Notai' ub ie in a for the
My Comm.Exp.11.19-16
State of Tex'
2012 Easement Encroachment Agreement-Residential Page 9 of 9
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Produced by Agent Resource Site DATE 4MWDDNYYY)
INSURANCE BIN E 0612512013
THIS BINDER IS A TEMPORARY INSURtA r:CON" ACT SU� � ' 1� �l ���i7�r SHOWN )�_TFE REVERSE SIDE OF THIS FORM.,
AGENCY
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THE SCHWAB AGENCY Metropolitan Uoyds Insurances Company 81X47 �G4#7
7'14 CENTER,PA DR 8TE 140
COLLE"YVILLE TX 76034 '1 T DATE PIRAT
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06125/2013 12:11 am$TO X AIVI 10/11!°2[113 5j'2'01 AM
Ad�C N S17 X48 -6050 A!C �_ THIS � IS _�,._ _ pm Bander e�xp 07125/2013 1_�N
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,oDE:7CJ8011 SUB CODE, � MR EXPIRING POLICY�.
ENCY
-CUSTOMER DESCRIPTION OF OPERATION SNEHIC L E31PROPERTY(Including Locallpm)
INSURED
WILLIAM R FL.EI'ING
TAMMIE A FLEMING 12744 BRECKEI*'RIDGE CT
112744 BRECKENRIDGE FORT WORTH Tit 76177
FORT WORTH TX 76177
COVERAGES LIMITS
TYIPE OF INSURANCE �COVERAGEIFORMIS DEDUCTIBLE COINS% AMOUNT
PROPERTY CAUSES OF LOSS Ua bility Llrralt$500000 Dwelling 1% $180400
BASIC [�]BROAD[:]SPEC MedI c;aI Lima 5000 Private truc ures $360110
X Homowrlem Personal,,Property $126280
Loss Of Use $45100
I:iVEItAL LIABILITY EACH OCCURRENCE $
-w �COMMERCfAL GENERAL LIABIUTY S �ISES
CLAIMS MADE OCCUR �E _.....PERSONAL 4 AUV INJURY
GENERAL AGGREGATE 'S
RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG
CHICLE L.IARILITY COMBINED SINGLE UMIT
ANYAUTO BODILY INJURY(Per person) $ �
ALL OWNED AUTO$ BODILY INJURY(Per accident) :6
SCHEDULED AUTOS PROPERTY DAMAGE �
HIRED AUTGS MEDICAL P'AYMtENT$ $
NON-OWNED AUTOS PERSONAL INJURY PR Ti $
i UNINSURED MOTORIST $ i
I $
VEHICLE PHYSICAL DAMAGE l*D ALL VE-HICLES SCHEDULED VEHICLES AG"TLIAL CASH VALUE
COLLISION: STATED AMOUNT
OTHER THAN COL..
AGE LIABUJTY AUTO ONLY-EA ACCIDENT
ANY AUTO e TKER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
E Rii I.I,ABILITY EACH OCCURRENCE $
UMBRELLA FORMA AGGREGATE $
'_ETHER THA I UMBRELLA FORM f] � S � uwr � �� +I7�
_1WC STATUTORY LIMITS
WORKER*S AN MPEN s'AtTION E.L.EACH ACCIDENT $ I
I EMPLOYEWS LIABILITY E.L.DISEASE•-EA SMPLOYEE $
E.L.DISEASE-POLICY LIMIT
SPECIAL FEES '$.00
eTOl41E)ITIOFI!�! ....m.�_
OTHER ONDI Houle Optional Covera es-have been added try the policy(Ind.in Est Total Premium). TAXES �
CiDVMG'ES Building PliDperty Loss Settlement:-Ext Limits
IetlorJ Property Lo Settlement:-Repi Cost Coot ESTIMATED TOTAL PREMIUM;$821
Caul: s m -Sp9tal Perils
NAME&ADDRESS
Additional Insured 1#2 MORTGAGEE X ADDITIONAL INSURED
THE CITY OF FORT WORTH LOAN PAYFE
w 1000 THrC1CICN4IITC1I�ST N It
FORT WORTH.TX 76182
RUTH TIED R l rIE$ENTA.TIV
ACCORD 75(2010/04) Page 1 0 X 1993-2+010 Ar
The ACORD name and Ingo are r Iste,red mark of ACOR':
EXHIBIT B
WILLIAM R FLEMING H 615475584-0-0 METLLOYDS Page I of I
C0f4PLETE Term.10111/2012-10/11/2013 Latest Trans;10/11/2012 Latest Pracess.11/09/2.012 Real Time Change Date:
Change Erf:106252013 Initiator. ent User:,#$ Loc:Freeport UW* Loc:
Metropolitan Lloyds Insurance Company of Texas Policy#615475584-0
Policy Summary
WILLIAM R FLEMING Home Address Bill Mode Insured
TAMMIE A FLEMING 12744 BRECKENRIDGE CT Pay Plan 1-Pay
12744 BRECKENRIDGE FORT WORTH TX'7{x177 Agent ID 7CJ8011
FORT WORTH TX 76177 THE SCHWAB AGENCY
Home Phone$17-808-1810 714 CENTERPARK DR STE IDO
Email Address COLLEYVTt-LE TX 76034
617-485-5050
Coverages and Premiurn
Dwelling(A) Priv Struct[8] Pars Prop[C] Loss of Use[D] Liability[F] Medical[G]
Limits 180400 36080 126280 451DO 500000 5000
Premium 705 0 0 0 21 8
Loss Dad Theft Ded Hurricane Ded Wind/Hall Ded Infl Prot
Deductibles 1% Y
Basic Additional optional SPP Total Annual Premium
Premium 705 29 87 0 $821
Cause of Property Loss: Special Perlis
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/Surnp-Purnp $87
Forms and Endorsements
HP 1000309012 HP20000205 HP33000904 HP41300110 H 51000105
HP60000205 HP70000902, HIA110TX0607 HAOITX1110 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 Information
Year Constructed 2011 Territory 36
Construction Type Brick Veneer
Number of Units
Mortgagee/Additionai Insured
Mortgagee I
WELLS FAR(30 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
A t Si Unatu re Oate
Valid when signed and dated by Agent.
MetLife Auto&Florne is a brand of
Metropolitan Property and Casualty Insurance Company and its affiliates,Warwick,R1.
C 2012 MetLife Auto&Home;PEANUTS @)2012 Peanuts Worldwide,LLC
Legal Number. L0812272054[exp0715][All States)
Tgl2 of age
https:Hservicing.metauto-agent.com/servIeV'Controller 6/25/2013