HomeMy WebLinkAboutContract 44794 CITY SECRETARY
CONTRACT NO*
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Conimercial
THIS AGREEMENT' is made and entered into by and between THE CITY OF FORT
WORTH, a home rule rnunicipal, corporation of 1.arrant County, Texas ("City"), acting
by and through its duly authorized City Manager or Its duly designated Assistaiit City
Manager ("City"') or Planning and Developmerit Director, and D.R. Horton - Texas-, U1'D,,
hereinafter referred to as "Licensee", owner of' the property located at 3008 & 3012
Saddle Creek Drive, Fort Worth Texas ("Property").
RECITALS
WHEREAS, I.Jcensee 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. 201.2-303 of the Real Property records, of
1 1 arrant Count y ('Troperty")-� and
I
WHEREAS, the City has a twenty foot wide drainage easement (the "Easernent")
in the property as shown on the reap attached to this Agreement as Exhibit "A"' and
incorporated herein; aild
WHEREAS, Licensee desires to construct/place and maintain a retaining wall
(the "Encroachment") and which, will encroach orito the City's Easenient as shown on the
(,'Ittached survey and orily to the extent shown thereon; and
WHEREAS, to ,L,.Iccoi-n mod ate the needs of the Licensee, the City will allow the
Encroachi-nent under the terms and conditions as set forth in this Agreement.
NOW, THERE FORt.', the City and Licensee agree as follows:
AGREEMENT
I.
'File City, in consideration. of the payment by the Licensee of the fee set Out below
and covenants and agreements hereinafter contained, to he kept and performed by the
Licensee, hereby grCants, perrnission to the ticensee to encroach upon and occupy a
portion of"the City 1,s, Easement as described in and at the location shown Exhibit A for the
purpose of constructing and niaintaining ta retaining wall (the. "Encroachment"). Upon
coniptetion of the Encroachrrient, Licensee agrees to be responsible for maintaining any
and all structures and buildings within ana aDOve -a. -LjceLj-1-ee shall not
2(,.)12 E-C,Isernent Encroachrrient Agreetiient -Commercial OFFICIAL RECO�RD Page I of*9
IVED !SEP CIT'V SECIRETARN"
RECE
FTv WOWN, T
expand or oltherwise cause the Encroachnient to ftirther 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
I in connection with such
Encroachment, use and occupancy shall comply and be performed in strict cornpliance,
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 author zed representative. Licensee shall not commence construct io
of the Encroach neat until such approval shall be, indicated in writing by the Director.
f-lowever, such approval shall, not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation of such plans and specifications,.
3.
[,.icensee agrees, that City may enter and utilize the referenced areas at any time for
the purpose of installi'Fig, repairing, replacing or maintaining improvernents 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 darnage. In the event that any
installation, reinstallation, relocation or repair of any existing or future utility or
improvernents owned by, constructed by, or on behalf of the publi,c or at pu,bilic 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
Work.(-,, or the Director of the Water Department of the City, or his duly authorized
representative.
4.
2012 Easement Encroachment Agreement -Cominercital Page 2 of 9
............ ................................ ...
In order, to defray all costs of inspection and supervision which City has incurred
or will incur as a result Of the construction, maintentance, inspec nie
tion or managerit 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
UILIndred 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 oil 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 tile
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 un,derstood 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 casement as have been delegated
to it by the Constitution of the State of Texas or by the Legiskature; 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 pireclude the use of
the Encroachment, on the Property for ,(,I office building or activities related thereto,'
including but not being limited to underground, surface of overhead communication,
drainage, sanitary sewerage, transmission o natural 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 the Encroachment and the public purpose.
7.
201 2 Fasernent Encroachment Agreem ent -Comrnercicd Page 3 of 9
LICENSEE COVENANTS AND AEG REE"S TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CIrIy 1 Ts
OFFICERS, AGENTS, SERVAN r rs, EMPLOYEES AND ELECTED OFF 9,IALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SIJITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND .AEI...41, PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT Of" OR IN CONNECTION WIr I`H, THE CONSTRtJCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES, GIZANTED 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 LIE BY ASSUMES ALL LIABILITY AND,
RESPONSIBILITY FOR S,"U(.*.H 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 CIONNECr riO ITH 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, I icensee agrees to furnish City wim a
6,
Certificate of Insurance, naming City as certificate holder, as proof that it has secured and
p *d for a policy of publl'c I'a,b*l*ty ' I I
al I i i i, i insurance covering all public r"sks 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.-
$1,000,000 Commet-cial Genera,l Liability
With the understanding of (,,-Ind agreernent by Licensee that such insurance
amounts shall be revised upward at City's option and that Licensee shall so revise such
arnounts 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 Officlal of the City of Fort Worth. A copy of such
Certificate ofInsurance is attached as attached as Exhibit '613". Licensee agrees, to submit
20 12 Easement Encroachment Agreement -Commercial Pag,c 4 of 9
a similar Certificate of Insurance annually to City oil the anniversary date of the executiol"I
of this Agreement,
License c agrees, binds and obligates its,el,f, its successors and assigns, to maintain
and keep in force such public liability insurancc at all tim,e,s during the term of this
Agreement and until the removal of all encroachmetits and the cleaning and restoration, of
the city streets. All insurance coverage required Herein shall include coverage of all
Licensees' contractors.
9.
Licensee agrees, to deposit with the City when this Agreement is executed a
SUffiCient sure 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.
Licensee agrees to, comply fully with all applicable f*ederal, state and local laws,
statutes, ordinarwes, codes or regulations in connection with the construction, operation
and maintenance of said Encroachment and uses.
I t
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 -Con iniercial Page 5 of 9
.1 2.
I.Acei,isee 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,
serva,nt or employee of City, and Licensee shall have exclusive control of and the
exclus,ive Fight to control the details of its operations, and all persons performing same,
an(] shall be solely responsible for the acts and orni,ssions of its officers, agents, servants,
employees, contractors, subcontractors, licenslees and invitees. The doctrine of
I r
respondeat superior shall not apply as between City any Licensee, its officers, agents,,
,servants, employees, contractors and subcontractors, and nothing herein shall be
construed, as creating a Partnership or jolint enterprise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to constructl 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 thii-d
party may have an interest. Licensee agrees that it will obtain all necessary permission
before Occupying, Such property.
14.
It.
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 termi,nation of this Agreement,
201.2 Easement Encroachriient, Agreement -Commercial Page 6 of 9
M.
,Licensee covenants and agrees that, it will not assign ,,ill or any of its rights,
prilvile ges or duties under thiS WiltraCt with OUt the written, approval of City, and aiq,
Otte nipted assi,omrnent with(,ut such written appi-mal should be void.
Ln
17,
A.ny cause f ac fi f,'(),r breach of this Agreement shall be brouight in Tarrant
County, Texas,. This Agreement shallbe governed by the laws of the State of Texas.
18.
This agreement shall be binding LIPOIA the p(arties hereto, their successors and
ass,igns.
J 1
-FED t /"X,day of
E,XECU' his
C,i t y Licensee-
("Ity offort Worth D.R., Hortoii Texas, 1_,td, a Texas Limited
rtnersihip
By: Di.R. Horton, Inc., a Delaware
Corporad i a thorized agent
By
B y
Ran e Hanvoo
NOmie- Dion E. Allen
Director
Ole-, Assistant Secretary
Plaming and Developniet-it
-orm and Legal'
ATTES4 Approved As To 1"" 1,ty
im 1101f
C.
ity Se4War,y Assistc,"Int City Attorney
,017 v,
00,
IV4511
I , ,REC D
2012 Easement Encroachinent " 11 40 OFFICIAL
in e r cit""A I a c 7 of 9
Ao
CITY SECRETA
FTWORTHOM
STATE OF TEXAS
COUNrl"Y OF TARRANT
BEFORE ME,, the and ersigned aw rity, alivotary, u fic in and fo O State of
Texcas', on this day personally appeared n e to be
the person whose narne i's subscribed to the foregoincy mstrument and acknowledged to
nic that he/she executed the sarne for the purposes C,,Ind consideration therein expressed., as
the act and deed of the City of Fort Worth, and ifl. the capacity therein stated.
GIV NUNDER MY HAND AND SEA1,., OF OFFICE this day of
CASSANDRA F FOREMAN
Notary PublIC,State ot Texas
i My i ty)rr Iss loin,Expi
Apill 26v 2017
Notary Public in and for the State of Texas
20 122 Agreement-Commercial Pugs 8 of 9
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 Don E. Allen, Assistant Secretary, 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 [tie purposes and cons 1 der al ion
tlicran expressed, as the act and deed of D.R. Horton, Inc., and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _,gj of,
day
20
Notary Public and for the
WDY THE
NTON
MY COMMISSION EXPIRES
State of 31, 15 Texas
Wober 20
201 2 Easement Encroachment Agreement -Commercial Page 9 of 9
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04 CERTIFICATE OF A LITY INSURANCE ����� 1--i
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NV'C,: RIGHTS UPON THE CERTIFICATE HOLDER., THAI
CERTIFICATE, DOES NOT AFFIRMATIVELY CAP NEGATIVELY AMEND, E,XTIEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELO'"I . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT T BETWEEN T'N-INS ISSUING IN SURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT.* If the certificate ED,the p►�olloy(ies) must be endorsed. If SU,BRO ATION IS"I�I"AIVEN subject
. . holder� an�,C�N�ITICMNvIA'E�N�IS�IN� .. to �..
the terms and conditions.of the policy,certain policies may require an endorsement.A statement on this certificate does not Confer rights to the ;
certificate holder in lieu of such,endorsement(s).
PRODUCER CONTACT INC
Aon Risk errra ces Southwest, Inc
Dallas TX Office I N .Earl: No : (800) 363-0105
c ty Pl ace tenter Fast E-MAIL
2 11 North Haskell Avenue ADDRESS:
susuite 80
i l as TIC USA INSUREI INSURER(S)AFFORDING COVERAGE NAIC
INSURED INSURER A* Chard Specialty insurance Company 26883
D.R. Horton- yeas, Ltd. �...-. __....� ._.� ..,-
INSURER 8-
N. Free ^a.y ...
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Fort worth Tit 76131 USA INSURER C:
INSURER D:
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:570050721025 REVISION NUMBER:
THIS IS TO CERTIFY"THAT TIFF POLICIES OF INSURANCE LISTENS BELOW HA E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO
INDICATED,NOTWITHSTANDING IN G AN" REQUIREMENT,TERM OR CONDITION,DITIC N,CAF ANY CONTRACT TN ACT OR OTHER DOCUMENT WITH RESPECT T01 WHICH!THIS
CERTIFICATE MAY BE ISSUED CIS MAY PERTAIN,,THE INSIU RANCE AFFORDED B 'THE POLICIES, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS N S CAF SUCH POLICIES,LIM,,IT'S SHOWN MAY HAVE BEE REDUCED BY PA,I,D CLAIMS. 'Limits shown are as requested
TYPE O=IN INSURANCE POLICY NUMBER IYYYY LIMITS IN MMIDDYYYY MM/®
RMG I GENERAL LIABILITY EACH OCCUR EN CE $5,000,000
SIR applies per policy cy� ter s condi %on T RERTE' X501,0100
COMMERCIAL GENERAL LIABILITY
PREMISES Ea occurrence
CLAIMS-MADE E OCCUR MED E M'(Any one person)
PERSONAL&ADV IN'JU'RY $5,000,000
::J GENERAL AGGREGATE $5,000,000
PRODUCTS-CCM�IPIOP AGG S5,000,000 0
CEN'L AGGREGATE LIMIT APPLIES PER _. �.�. 0
POLICY PRO- LCC
,ALI"rCMOIML.E LIABILITY
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INED SINGLE LIMIT
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ANY AUTO BODILY INJURY(Per person)
ALL OWNED SCHEDULED, BODILY INJURY(Per ar rdlenl)
AUTOS AUTOS HIRED AUTOS R NON-OWNED
PROPERTY—DAMAGE
IACE
AUTOS +�
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UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAR CLAI,MS-MADE AGGREGATE
M.EI RETENTION OWN iiiiiiiiiiiiii
WORKERS COMPENSATION AND WVC STATLI- JOTH-
EMPLOYERS'LIABILI'TY YIN TONY LIMITS ER
ANY PROPRIETOR I PARTNER i E,ECU'I IV'E E.L EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? NIA E.
.L.DI�SEASE- A EMPLOYEE(Mandatory in N-)
If
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describe under
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E.L DISEASE-POLICY LIMIT
IS CRIPT I ONO OPERATIONS below .
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AdditionaI Remarks Schedule,if more space is required)
RE: Santa Fe Enclave Basswood R.O.W.
City IT is included,as Additional, insured as req,ui red, by written contract, but l i mi to to the operations of the
T t of Fort. worth
insured under said contract, with respect to the teneral Liability policy.
CERTIFICAT E HOLDER CANCELLATION
men
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE "I^HIE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISION&
City of Fort worth AUTHORIZED REPRESENTATIVE
Attn: David Schroeder
1000 Throckmorton Street.
Fort worth Tx 75102 USA
@1988-,2010 ACCORD CORPORATION.All rights,reserved.,
ACORD 2,5(201 0105)105 The ACORD name and logo are registered,marks:of ACORD