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HomeMy WebLinkAboutContract 62861Date Received: 03/0 3/2025 Time Received: 3:40 pm Record Number: PN24-00196 City Secretary No.: 6 2861 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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, Assistant City Manager, or Director of the Development Services Department, and The Susan M. Center Family Trust, ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 8537 Woodlake Circle, Fort Worth, Texas 76179 ("Property"), being more particularly described as, Lot 9, Block 2, of Woodlake, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D224123953; and WHEREAS, the City owns a water easement (the "Public Property") adjacent to the Property, dedicated by plat, which plat is recorded in the plat records of Tarrant County in Volume 388, Page 112; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements 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 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 Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a fence (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Tier II Easement Encroachment Agreement Page 1 of 11 Revised 12/2022 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, reinstallation, 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 determined 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 welfare 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 ll 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 One Thousand Twelve Dollars and Fifty Cents ($1012.50). 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 Tier II Easement Encroachment Agreement Page 3 of 11 Revised 12/2022 FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJLJRY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND 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 INJLJRY 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. 10. While this Agreement is in effect, Licensee agrees to furnish City with a homeowner insurance policy for the property as proof 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 $300,000.00 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 Licensee's contractors and subcontractors. 11. 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 ll 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, operation, 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 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. 15. 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 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 for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. 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 ll Revised 12/2022 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. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. 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 ll Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Har�llfeb 25, 202513:48 CST) D.J. Harrell Director, Development Services Department Date: Feb 25, 2025 ATTEST: Jannette Goodall, City Secretary Approved As To Form and Legality Hye Won Kim Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Owen (Feb 18, 2025 14:33 CST) Rebecca Owen Development Services Manager Tier II Easement Encroachment Agreement Page 7 ofll Revised 12/2022 Licensee: 'Thc Sosan M. Ccnter i�amil}� Tausf � �� 1 $�' � `7 �� �C� ' me: Susan M. Centor 7'itle: Property Owner I�ate: ��e.G . .� 1� �O �T STATF. OF _T� � � � § COUNTY OF j OIrYd1 ✓�I�" � BEFOE�E ME, the undersigned authority, a Notary Public in and for the State of ��X�iS , on Ehis day personally appeared _CiV�t'C V�S���11✓� �. �Y'��lQ,� 1WV1 �Y (Title) icr►own t� me to be the person whose name is subscribed to ihe f'oregoin� instiwncnl, a»d acknowledged to mc thut hc or she executed the same %r the purposes and consideration therein expressed, as the act and deed of Thc SvC�Vt M. (t��ev _ �o,m,t� rruc�- , a�GjYYIlI T �(entity type), and in the capacity therein stated. GIVCN UNDER MY NAND AND SE11L OF OFFICE this '� �_ day of D� Ctv✓� h� r� , 2o2a. . Notary Public in and for the State of . Tt� a� S Ktltt�n C�rtwri�ht � � �Y Comml�alon 6:prr�s , � 7/� /2p28 Notrry ID134Q73171 Ticr !I �semcul Encronchutcnl Agreement Pa�c 8 of l I Rcviscd 12/2U22 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 D. J. Harrell, known to 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 LTNDER MY HAND AND SEAL OF OFFICE this 25th day of February 2024. We�r�f� �ea��sGee Wendy Beards ee (Feb JS, 202518:45 6T) Notary Public in and for the State of Texas 2,�pRYP(ie� WENDY L BEARDSLEE �1 Notary Public + �[7 • STATE OF TEXAS N� G� P Notary I.D. 13323719-3 9jF�Fj� My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 100 Fort Worth Trail Fort Worth, TeXas 76102 Tier II Easement Encroachment Agreement Page 9 of ll Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of ll Revised 12/2022 }C N � � J 0 � r � •� _ � � �� `.' � � _:�.. ti��;;� ���� . �; � �� �y � t � �,� �5� r. ;� , � ��, � r �. r�,�� � �,� . ,. . „ < < ,�#� �.- , �t-� c,,+�.r � -, . . .a�;' , � � � : �+i F , ,., E , , . ,�,. .� '� , ��,,. e `� ,�' _'` '��"° i��� ° _ _' ^.�� '�-�.,yr'��`�� ��-� �� ��_ � � � � F �;�" ��+ �' -� � _ . � F 31 � 4 `t � $.�� i £ � �•_ � � tM1 �r I a' f � � . `_+, � �1.;�� � .d� � �, - r{ + �� � �. 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SMITH-ALLEN INS AGENCY INC 12750 MERIT DR # 540 DALLAS TX 75251 SUSAN CENTER 4421 EDMONDSON AVE DALLAS TX 75205-2603 September 8, 2024 Policy Number: 24-Hour Claims: Policy Service: Online Account Services: THIS IS NOT A BILL. OY9135225 1-800-332-3226 (214) 691-7655 www.safeco.com The following change was made to the policy covering your home at 8537 WOODLAKE CIR, FORT WORTH TX 76179-3143: including those requested by you or your agent or broker: Your policy has a special deductible for losses caused by wind or hail declarations page for the dollar amount of this deductible. Please see your - Your Roof Payment Schedule percentage changed from 25% to 76%. This change is effective July 15, 2024. Please place this letter with your insurance policy. The additional premium for this change is $1,054.00. The billing for this amount will be explained on your next billing statement. If you have any questions or wish to make a change to your policy, please call: (214) 691-7655. We appreciate the opportunity to serve you. Thank you. Personal Lines Underwriting AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) P 0 BOX 704000, SALT LAKE CITY, UT 84170 OC-429/EP 10/13 '**' REPRINTED FROM THE ARCHNE. THE ORIGINAL TRANSACTION MAY WCLUDE ADDITIONAL FORMS "" r j � � .:,,� � �� � � � � �� �r•.. _. . a,�.:a ... a �. � * iEE _..3CV. . .'..�.ti'' AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) Administrative office: 175 Berkeley St., Boston, MA 02116 (A stock insurance company.) HOMEOWNERS POLICY DECLARATIONS POLICY NUMBER: OY9135225 POLICY PERIOD: FROM: JULY 15, 2024 12:01 A.M. T0: JULY 15, 2025 12:01 A.M. NAMED INSURED AND MAILING ADDRESS: SUSAN CENTER 4421 EDMONDSON AVE DALLAS TX 75205-2603 AGENT: SMITH-ALLEN INS AGENCY INC 12750 MERIT DR # 540 DALLAS TX 75251 Valued Homeowners Customer Since: JULY 15, 2024 INSURED LOCATION: 8537 WOODLAKE CIR FORT WORTH TX 76179-3143 POLICY SERVICE INFORMATION: TELEPHONE: (214) 691-7655 E-MAIL: SERVICE@SMITHALLEN.COM WEBSITE: smithallen.com IMPORTANT MESSAGES - Your policy has changed effective ]uly 15, 2024. - 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 $620,000 $62,000 $310,000 $124,000 $500,000 $2,000 The following deductibles apply unless otherwise stated within the policy. DEDUCTIBLE(S) PERCENTAGE AMOUNT Section I, except as noted below 1°/a $ 6,200 Windstorm or Hail Deductible 2°/a $ 12,400 Section I- Loss Assessment N/A $ 500 Esc of Water from Sump (Bldg/Contents) N/A $ 6,200 BASIC COVERAGES OTHER COVERAGES, LIMITS AND OPTIONAL COVERAGES DISCOUNTS AND SURCHARGES You Saved $1,624.00 PREMIUM $ 5,251.00 $ 115.00 Included TOTAL POLICY PREMIUM: $ 5,366.00 Premium Payer: Insured CONTINUED ORIGINAL HOM-7000/EP 1/09 Page 1 of 3 DATE PREPARED: SEPT 8 2024 G3 "" REPRINTED FROM THE ARCHNE. THE ORIGINAL TRANSACTION MAY WCLUDE ADDITIONAL FORMS "" AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) HOMEOWNERS POLICY DECLARATIONS CONTINUED 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: $0.00 per installment for recurring automatic deduction (EFT) $5.00 per installment for recurring credit card or debit card $4.00 per installment for all other payment methods ROOF LOSS SETTLEMENT - COVERAGE A SETTLEMENT TYPE YR OF INSTALLATION SURFACING MATERIAL LOSS PERCENTAGE Roof Payment Schedule 2016 ASPHALT 76.00% SPECIAL NOTE: The above Roof Loss Settlement information applies to Coverage A only. Roof structures under Coverage B are subject to the Roof Surfacing Loss Percentage table as shown in your policy contract. POLICY LIMITS AND OTHER ADDITIONAL COVERAGES (Unless otherwise stated, all limits and coverages are included in basic coverages) COVERAGE LEVEL: ESSENTIAL BROAD SECTION I - PROPERTY COVERAGES POLICY NUMBER: OY9135225 COVERAGE C- PERSONAL PROPERTY - 3. SPECIAL LIMITS OF LIABILITY a.Money, pre-paid cards... $ 250 h.Business Property b.Rare coins and currency... $ 500 On Premises... c.Securities, debit cards... $ 500 Off Premises Sub-limit d.Watercraft... $ 3,000 i.Tapes, records, discs... e.Trailers... $ 3,000 j.Theft of rugs... f.Theft of jewelry, watches... $ 500 k.Grave Markers... g.Theft of silverware... $ 500 OTHER INCLUDED COVERAGES/POLICY PROVISIONS Loss Assessment Coverage Building 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 Criminal Conviction Reward - Item a. Information Criminal Conviction Reward - Item b. Property Recovery Credit Card, Fund Transfer, Forgery & Counterfeit Money $ $ $ $ $ $ $ $ $ $ $ Limit 500 62,000 5,000 25,000 5,000 500 5,000 25,000 2,500 5,000 500 OPTIONAL COVERAGES Personal Property Replacement Cost Extended Dwelling Coverage Escape of Water from Sump (Building/Contents) Foundation Water Damage DISCOUNTS AND SURCHARGES Multi-Policy Auto Discount Claim Free Discount Paid In Full Discount Advance Quote Credit Limit Up to 25% $ 20,000 $ 25,000 $ $ 3,000 $ 1,000 $ 500 $ 5,000 $ 500 Premium Included Included Included Included Included Included Included Included Included Included Included Premium Included Included Included 115.00 Premium Included Included Included Included For information on other deductibles, coverages or discounts available in your state or to review your account online, log on to www.safeco.com CONTINUED HOM-7001/EP 1/09 Page 2 of 3 DATE PREPARED SEPT 8 2024 "" REPRINTED FROM THE ARCHNE. THE ORIGINAL TRANSACTION MAY WCLUDE ADDITIONAL FORMS "" AMERICAN ECONOMY INSURANCE COMPANY (A SAFECO Company) HOMEOWNERS POLICY DECLARATIONS CONTINUED POLICY NUMBER: OY9135225 FORMS APPLICABLE TO THIS POLICY: HOM-7301/EP 1/09 - PERSONAL PROPERTY REPLACEMENT COST HOM-7230/EP 1/09 - WINDSTORM/HAIL DEDUCTIBLE HOM-7120/TXEP 4/22 - SPECIAL PROVISIONS - TEXAS HOM-7232/EP 1/09 - EXECUTION CLAUSE HOM-7300/EP 11/19 - EXTENDED DWELLING COVERAGE HOM-7020/EP 5/20 - SAFECO BROAD FORM HOMEOWNERS POLICY HOM-7236/TXEP 4/20 - COSMETIC LOSS OR DAMAGE EXCLUSION HOM-7331/TXEP 4/20 - FOUNDATION WATER DAMAGE HOM-7311/EP 1/20 - ESCAPE OF WATER FROM SUMP/SUMP PUMP DRAIN (BLDG/CONT) HOM-7332/TXEP 4/20 - WATER SEEPAGE OR LEAKAGE COVERAGE HOM-7001/EP 1/09 Page 3 of 3 DATE PREPARED SEPT 8 2024 "" REPRINTED FROM THE ARCHNE. THE ORIGINAL TRANSACTION MAY WCLUDE ADDITIONAL FORMS ""