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HomeMy WebLinkAboutContract 42409 CITY SECRETARY CONTRACT NO.A3 EASEMENT ENCROACHMENT LICENSE AGREEMENT 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 or duly designated Assistant City Manager, and (property owner's name Pulte Homes of Texas, LP ), hereinafter referred to as "Licensee", owner of the property located at (street address 7295 N Freeway ) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property West Fork Ranch } an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume Page of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a (width of easement 22 ft } (type of easement Utility Easement(Wall#2) ) (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place a Entry Feature Wall and Screening Wall ( the "Encroachment") 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 approve allowing 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 the Licensee of the fee 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. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or LOFFICIAL RECORD Y SECRETARY u a 1 T.VVARTH,TX 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 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 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 of Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. Should it become necessary to remove the Encroachment to install, repair, replace or maintain improvements to City public facilities or utilities in the Easement, the Licensee shall remove the Encroachment at the Licensee's expense. The City shall furnish the Licensee with notice if removal of the Encroachment is deemed necessary by the Water Department. Licensee agrees that upon request of City, and within 30 days from the date of such request, to relocate the Encroachment away from the Easement and to restore the Easement to its original condition all at the sole cost and expense of Licensee. 2 4. The Licensee further agrees that City shall have the absolute right at its discretion to terminate this license or refuse to allow the Licensee to continue to have the Encroachment over, under or across the Easement if the City determines that the Easement is being substantially damaged by the Encroachment, or that the Encroachment otherwise places an undue burden on the operation of the municipal utility(ies) system or in the event the Licensee fails to comply with the provisions of this Agreement. City shall furnish Licensee with notice requiring the removal in a time period as is reasonable under the circumstances. After receipt of such notice, the Licensee shall thereafter immediately remove the Encroachment and restore the Easement to the same condition as existed prior to the installation of the Encroachment. In the event the Licensee fails to promptly remove the Encroachment and restore the Easement within the time required by the notice, the City may remove the Encroachment and restore the Easement and assess a lien on the Property for the costs expended by the City to remove the Encroachment. 5. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two Hundred Seventy Five Dollars ($275.00) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. 6. 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 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, 3 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. 7. 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 respondent 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. 8. 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 in not a conveyance of any right, title or interest in or to the Easement. 9. 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. 10. 4 The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 11. 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. 12. 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. 13. This agreement shall be binding upon the parties hereto,their successors and assigns. EXECUTED this �` day of DC- Obi6-r' ,20-1� City Licensee City of Fort Worth Pulte Homes of Texas By: Fernando Costa, Name: Asst. City Manager Title: loe ATTEST: Approved As To Form and Legality City Secr tary �ao00000°"`(Q��� Assistant City Attorney p 6.�o°u 00"a O'�04 0.. '� " 5 � l fOFFICIAL RECORD toix ntract huthoriiatioa ECRETARYORTH, TX Date 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 Fernando Costa 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 o2 day of 20 . gNotaryPublic in and for the State of Texas MY COMMISSION EXPIRES July 10,2013 rOFFIC:IALRECORD6 RETARYTH,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 � 1Y ,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 Grantee, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this i J 41 day of ,20�_. ``�o�,,errpB(J LIZ GOOLD I t Notary Public, state of Texas My Commission Expires t > brikin nd for the State of Texas July 29, 2014 OFFICIALR STAR® CITY SECR F.T.W®RT14,TX Exhibit A e 1P, it Ili H ,tfi ���' t III [` � tip { V p z �3 ei iIt ftf 1� r i ,.a Abe cc....a.�..� ...,,. ..<a.iocirti. w-ac...w.� r g wsw-ca:..nsmcm..rs•c.+.,a,:r....o 4 (y Q6 -100F ul Areas of easement encroachment Mh O ul L iLui T� N J W A F- �< u uilb F U) Q z LL oN U x a � LU a � W N � W 3 o � -� z - 4-. :.. W � J W ul W LL mL <- ��w4Z J V< J LL N O U1N� W < d my o o Z Z - - - w I � I�� I I �w%t•-WDOWN i . 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject 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 .g Aon Risk Services Central, Inc. Nom' Southfield MI office (AX-No.Eiq; (866) 283-7122 �Nm (847) 953-5390 `m 3000 Town Center EMAL 0 Suite 3000 ADDRESS: ° Southfield MI 48075 USA INSURER(S)AFFORDING COVERAGE MAIC/ INSURED INSURER A: Old Republic Ins Co 24147 Pulte Homes of Texas, L.P. - Dallas INSURER B: 1234 Lakeshore Dr. Suite 750A 04SURER C: Coppell Tx 75019 USA NsuaER D- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570043151848 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWrFHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrFH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSIR ADDt SUaR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE MR WVID POLICY NUMBETiLIMITSGENERAL LIABITTY MWZY EACH OCCURRENCE $2,000,000 X COMMERCIlLL.GENERAL LIABILITY DAMAGE TO RENTED PREMISES $2,000,000 CLAIMS-MADE X❑OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV KJURY S2,000,000 °D GENERAL AGGREGATE 52,0001000 in GEM AGGREGATE LIMIT APPLIES PER PRODUCTS-COAWOP AGG $2,000,000 POLICY MPRO- X LOC p n A AUTOMOBI.E LIABILITY MWTB 1/ COMBINED SWGLE LIMIT S2,000,000 SIR applies per policy terns & conditions (Ea cqdent) X ANY AUTO BODILY INJURY(Per person) O Z ALL OWNED SCHEDULED BODILY INJURY(Per ecddem) O) AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS eccfdem 4. L.. O1 UMBRELLA LLABOCCUR EACH OCCURRENCE L) EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND MWC 1 —0470-1720-11 04/01 2012WC STATU- OTH- EMPLOYERS•LIABILITY YIN X TORY LIMITS IER ANY PROPRIETOR 1 PARTNER 1 EXECUTIVE E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED'? N N!A (Mandatory in K" E.L.DISEASE-EA EMPLOYEE $2,000,000 H yyeess desafbe under DESCRIPTION OF OPERATIONS below I I I E.L.DISEASE-POLICY LIMIT $2,000,000— DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AddlBonal RenwU Schedu*If more spray is regadrad) Icy zi 9-4 !L CERTIFICATE HOLDER CANCELLATION W _i SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Wll BE DELIVERED IN ACCORDANCE WITH THE r POLICY PROVISIONS. City of Fort worth AUTHORLEEO REPRESENTATIVE - 1000 Throckmorton St. — Fort worth Tx 76102 USA C-3QoM ��ibsysed G✓frn ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD M&C Review Page 1 of 1 Folzr_ rli CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 9/13/2011 REFERENCE ** 06PULTE GROUP EASEMENT DATE: 9/13/2011 NO.: C-25131 LOG NAME: 22FT UTILITY AGREEMENT#2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Easement Encroachment Agreement with the Pulte Group for the Construction of an Entry Feature Wall and Screening Wall Over a Twenty Two Foot Utility Easement at Basswood Boulevard and the Future Montebeliard Parkway (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of an easement encroachment agreement with the Pulte Group for the construction of an entry feature wall and screening wall over a 22 foot utility easement at Basswood Boulevard and the Future Montebeliard Parkway, currently named Horseman Drive. DISCUSSION: The Pulte Group has requested use of a City owned drainage easement for the construction of an entry feature wall and screening wall over a 22 foot utility easement at Basswood Boulevard and the Future Montebeliard Parkway(currently named Horseman Drive). Staff from the Transportation and Public Works Department Storm Water Division have reviewed and recommends approval of this encroachment request. The fee for the privilege granted by this Agreement will be$275.00. The term of the Agreement will be 30 years. The property is in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Cente_rs FROM Fund/Account/Centers GG01 421232 0062000 $275.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: David Schroeder (2239) ATTACHMENTS ,DLilte 2 r�df .:!TE' http://apps.cfwnet.ori!/council packet/mc review.asn?ID=15619&councildate=9/13/2011 09/15/2011