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HomeMy WebLinkAboutContract 61282DateReeeived: 04/17 /24 Time Received: 9 :45 a· m · Record Number: PN24-Q0819 City Secretary No.: 61282 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIERI THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporatj.on c,f Tarrant County, Texas (''City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and the Charity Lee Living Trust, a(n) ("Licensee"), acting by and through its duly authorized trustee. RECITALS WHEREAS, Licensee is the owner of the real property I� at 2913 FairfieJd Avenue,,,Fort W�� T�, 761\«''Pro ,ertfj, being more.�pu)�y.qescn�,-,Lot T':V�lve (12), m Blocf Seven (7), .of RJdglea North, an additjo11;of;fgrt Wottb, Tex� Tarrant County, Texas, as recorded in Deed Records, by Instrument Nw;nbF 0223208168, in Tarrant County, Texas, and; WHEREAS, the City owns a sanitary sewer easement (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County as plat number Volume 388B, Page 161, of the Map/Plat records; and . WHEREAS, Licensee desires to construct, place, and maintain certain impro:Y:ements 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 encroachme11t under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee aaree 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 pants permission to Licensee to encroach in, on, above, or below .and occupy a portioll of the City•� Pu:f:,lic Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereoll, for the purpose of constructing, installing,"' and maintainiJlS!' eight-f(?Ot tbnce (the nEneroaehmeatj. Upon co�pletion ()f tile ,��" "�i.,4. agrees to be responsible for ��NI the Encroachment within the Pu Property. Licensee shall not expand or otherwise cause Tier II Easement Bncroacbment Agreement Page I ofll Revised 1212022 r.-t'�r�-..� _ _ .. • _ - • _- �' - - . . . _ - . the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 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, reinstallarion, 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 deternuned 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 welfaze 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 11 Revised 12/2022 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 Nine Hundred Dollars ($900.00). 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. 8. 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 OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY Tier II Easement Encroachment Agreement Page 3 of 1 1 Revised 12/2022 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 CnNNECTION WITH THE ENCROACHMENTS AND ANY ANll ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INV�TEES. 1 U. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certiiicate holder as proot that is 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 $300;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 such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and 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 the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of' all I,icensee's contractors and subcontractors. il. 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. Tier II Easement Encroachment Agreement Page 4 of I I Revised 12/2022 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operarion, 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 �u►d omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as betw•een 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 piu�pose 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 ror the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. t7. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. Tier II Easement Encroachment Agreement Page 5 of 1 1 Revised 122022 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. T'his Agreement shall be binding upon the parties hereto and their successors and assigns. zi. 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 1 1 Revised 12/2022 City:Licensee: CITY OF FORT WORTH Charity Lee Living Trust A?::k By: Dalton Harrell"f\pr 12, 202413:25 CDT) By:�� D.J. Harrell, Director of the Development Services Department Date: Apr 12, 2024 Name: Charity Lee Title: Authorized Trustee Date: LX • 8' • 2-� ATTEST: Jannette Goodall,City Secretary Date: Apr 16, 2024 Tier II Easement Encroachment Agreement Approved As To Form and Legality Jeremy Anato Mensah Assistant City Attorney Date: Apr 12, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performanceand reporting requirements. Rebecc'! Owen (Apr 12, 2024 12:51 CDT) Date: Apr 12, 2024 Rebecca OwenDevelopment Services Page 7 of l l Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of �X� , on this day personally appeazed Charity Lee, Authorized Trustee (Title) known to me 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 Charity Lee Living Trust, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2024. ��SS�� """'' STEVEN MCCORVEY Notary Public in and for the O�''Py PG�� = _Z: �: Notary Public, State of Texas State of � =`"� ���`r� Comm. Expires 02-142026 ;, •....�+,. �%������.� Notary ID 131451310 Tier II Easement Encroachment Agreement $� day of ��� �, Page 9 of i l Revised 12/2022 � �� �Tltl� 1'Acc ro�t crr�• ar Fo�zT ���v�i'TII OF('IC� USr ONLl�j �'L 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 appeazed D.J. Harrell, known ta 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 1�_day of April , 2024. K�� a�� Notary Public in and for the State of Texas o,�p,RY/'(ie, KATHLEEN BRADFORD _ � Notary Public * � + STATE OF TEXAS NT G� Q Notary I.D. 12197197 9�F�F� My Comm. Exp. Apr. 12, 2027 Afier recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement Page 8 of 11 Revised 12/2422 6 EXHIBIT A Depiction and description ot t6e Encroachment . � .��Al' f ..r: .. .. -. ii!is'-y�"(yV� {•.- Tier ll Easement Encroachment Agreement Page 10 of 11 Revised 1212022 -=u -�------ _ _ _ �_ _ _ ---_ �-- - - �- �� � �;:-- } .M �,� , _ a ioi iz. s�ocr r p�or.t� nowrH �n .amtn�+ �o o+r uc� cr � �� � �"`�' r�t aa' 1 mf� Wort� In Tann1 CaM/ Inr .. ' � KcaEup lo IM VW e� rKorOM u� VeEmN 1!!�6 n� 16L 7N� _ �� •• / PKonls. Tarnt Cwr11. T�Yf � `1� Lat 1i - `:o' / _ � _ � _' _ _ ' __� .. � Bbc�T / _ ju.�ii k,.� _ .. __ _ _ _ _ _ _ _ •�i -•�.._� � �=`e� ' ' .._,�—._�'��:,...�•�� -._-_._ -- � . . . .siruut'w2Acr - : -' _- ';, � _ -=- _ �'� vi'+��` : ' � 4DG+lJ ` . . . • � � ' � h t � '� j ..:..�.�.�ti .._, - � Y`� .,. _. " ". ' ., .� �. : ,�.cn• •t�OW�" �p„�� T WwwOY-... 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' ..... .. • : -- ; ex��rr � CertlAes� �t 1� T ie► n�a�e�r.t bo.rsi�.�e A�u'�st n�. � �.r � t � �,-+R! 1 ��iC ^" REPRINTED FROM THE ARCHNE. THE ORIGINAL TRANSACTION MAV INCLUDE ADDITIONAL FOqMS ^" Insurance,� A libcny Nutual Company AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) Administrative office: 175 Berlceley St., Boston, MA 02116 (A stock insurance company.) HOMEOWNERS POLICY DECLARATIONS POLICY NUMBER: OY8844959 POLICY PERIOD: FROM: JULY 13, 2023 12:01 A.M. T0: JULY 13, 2024 12:01 A.M. NAMED INSURED AND MAILING ADDRESS: CHARITY LEE 2913 FAIRFIELD AVE FORT WORTH TX 76116-4624 AGENT: JASON RIDLEY AGENCY LLC 5303 COLLEYVILLE BLVD STE A COLLEYVILLE TX 76034-6129 Valued Homeowners Customer Since: JULY 13, 2023 INSURED LOCATION: Same POLICY SERVICE INFORMATION: TELEPHONE: 1-866-472-3326 E-MAIL: WEBSITE: www.safeco.com IMPORTANT MESSAGES Your new policy is effective ]uly 13, 2023. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR WINDSTORM OR HAIL LOSSES. The dollar amount of each percentage deductible is calculated by multiplying the Coverage A, B or C limit of liability shown in your Declarations by the deductible percentage amount. As a result, the calculated dollar amount of each percentage deductible will increase if the Coverage A, B or C limit of liability increases and will decrease if the Coverage A, B or C limit of liability decreases. LIMITS OF LIABILITY (Policy Section I- Property Coverages and Section II - Liability Coverages) Coverage A— Coverage B— Coverage C— Coverage D— Coverage E— Coverage F— Dwelling Other Personal Additional Personal Medical Structures Property Living Liability Payments Expense 5391,300 339,130 5195,650 578,260 $300,000 51,000 The following deductibles apply unless otherwise stated DEDUCTIBLE(S) PERCENTAGE Section I� except as noted below 1% Windstorm or Hail Deductible 1% Section I- Loss Assessment N/A Esc of Water from Sump (Bldg/Contents) N/A Refrigerated Spoilage N/A within S S S S S BASIC COVERAGES OTHER COVERAGES, LIMITS AND OPTIONAL COVERAGES DISCOUNTS AND SURCHARGES You Saved S1,440.00 the policy. AMOUNT 3�913 3,913 500 3�913 100 PREMIUM 4�058.00 127.00 Included TOTAL POLICY PREMIUM: S 4.185.00 Premiue Payer: Insured CONTINUED ORIGINAL HOM-7000/EP 1/09 Page 1 oi 3 DATE PREPARED: JULY 12 2023 G3 "^ REPR WTEDFROM THE ARCHNE THE ORICINAL TAANSACTION MAY MCIUDEADDITqW1L FORM$ ^^ AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) HOMEOWNERS POLICY DECLARATIONS CONTINUED POLICY NUMBER: OY8844959 You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: 50.00 per installment for recurring automatic deduction (EFT) 55.00 per installment for recurring credit card or debit card S4.00 per installment for all other payment methods ROOF LO55 SETTLEMENT SETTLEMENT TYPE YR OF INSTALLATION S Replacement Cost 2pZZ REPLACEMENT COST EXPIRATION DATE: July 13, 2038. RFACING MATERIAL LO55 PERCENTAGE POLICY LIMITS AND OTHER ADDITIONAL COVERAGES (Unless otherwise stated, all limits and coverages are included in basic coverages) COVERAGE LEVEL: NEW QUALITY-PLUS SECTION I - PROPERTY COVERAGES COVERAGE C- PERSONAL PROPERTY - 3. SPECIAL a.Money� pre-paid cards... S 250 b.Rare coins and currency... E 3,000 c.Securities, debit cards... S 3,000 d.Watercraft... S 3,000 e.Trailers... S 3,000 f.Theft of jewelry, watches... S 3,000 g.Theft of silverware... S 3,000 OTHER INCLUDED COVERAGES/POLICY PROVISIONS Loss Assessment Coverage Buildi�g Ordinance or Law Coverage ( 10%) Fungi, Wet or Dry Rot, or Bacteria Water Seepage or Leakage Coverage Reasonable Repairs Fire Department Service Charge Land Stabilization Arson Reward LIMITS OF LIABILITY h.6usiness Property On Premises... S 3.000 Off Premises Sub-limit S 1.000 i.Tapes, records, discs... S S00 j.Theft of rugs... S 5,000 k.Grave Markers... S 3,000 Criminal Conviction Reward - Item a. Information Criminal Conviction Reward - Item b. Property Recovery Credit Card, Fund Transfer, Forgery & Counterfeit Money OPTIONAL COVERAGES Personal Property Replacement Cost Extended Dwelling Coverage Escape of Water from Sump (Building/Contents) Refrigerated Spoilage Coverage Replacement Cost on Roof Surfacing (Wind or Hail) Foundation Water Damage DISCOUNTS AND SURCHARGES Multi-Policy Auto Discount Preferred Payment Discount Claim Free Discount Advance Quote Credit Burglar Alarm Discount HOM-7001/EP 1/09 CANTINUED Page 2 of 3 S S S S S S S S S S S Lisit 3,000 39,130 5,000 25,000 5,000 3,000 5,000 25,000 2,500 5,000 3,000 Presiva Included Included Included Included Included Included Included Included Included Included Included Li4it Up to 25% S 5,000 25,000 P�esiu■ Included Included Included 12.00 Included 115.00 Pre�ius Included Included Included Included Included DATE PREPARED JULY 12 2023 � :..