HomeMy WebLinkAboutContract 50599 CITY
CONTRACT NOO'
Q�EC�S 24 8 EASEMENT ENCROACHMENT LICENSE AGREEMENT
AQR o� Commercial
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, its duly designated Assistant City
Manager or Planning and Development Director, and LRIC Champions Center, LP, a
Texas Limited Partnership("Licensee"),acting by and through its duly authorized Founder,
owner of the real property located at Champions Center, Fort Worth,TX("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property; and
WHEREAS,the City has a water and wastewater easement(the "Easement") in
the Property as shown on the map attached to this Agreement as Exhibit "A" and
incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Easement; and
WHEREAS, City will allow the encroachment under the terms and conditions as
set forth in this Agreement to accommodate the needs of the Licensee.
NOW,THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
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 Licensee,
hereby grants permission to Licensee to encroach upon and occupy a portion of the City's
Easement for the purpose of paving and storm water drainage facilities (the
"Encroachment") as described in and at the location shown on Exhibit "A" but only to
the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within and above the Easement. Licensee
shall not expand or otherwise cause the Encroachment to further infringe in or on City's
Easement beyond what is specifically described in the Exhibit(s) attached hereto.
2015 Easement Encroachment Agreement-Commercial f-0—FFICIAL RECORD Page 1 of 11
LRIC Champions Center,LP CITY SECRETARY Rev.02/2015
FT. WORTH,TX
2.
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes and in accordance with the
directions of the Director of the Transportation and Public Works or the Director of the
City's Water Department, or his or her duly authorized representative. Licensee shall
submit all plans and specifications to the applicable Director or his or her duly authorized
representative prior to the construction of the Encroachment. Licensee shall not commence
construction of the Encroachment until receiving written approval by the Director,but such
approval shall not relieve Licensee of responsibility and liability for concept, design and
computation in the preparation of such plans and specifications.
3.
Upon prior written notice to Licensee,except in the case of an emergency, 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 or 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 Works or the Director of the Water
Department, or said Director's duly authorized representative.
4.
Licensee agrees to pay to City at the time this Agreement is requested an application
fee of$325.00 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.
5.
The term of this Agreement shall be for 30 years, commencing on the date this
Agreement is executed by City. However,this Agreement shall terminate upon Licensee's
non-compliance with any of the terms of this Agreement. City shall notify Licensee in
writing of the non-compliance, and if not cured within 30 days, this Agreement shall be
deemed terminated, unless such non-compliance is not susceptible to cure within 30 days,
2015 Easement Encroachment Agreement-Commercial Page 2 of 11
LRIC Champions Center,LP Rev. 02/2015
in which case this Agreement shall be deemed terminated in the event that Licensee fails
to commence and take such steps as are necessary to remedy the non-compliance with 30
days after written notice specifying the same, or having so commenced, thereafter fails to
proceed diligently and with continuity to remedy same.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon as described herein, is 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 Texas 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
Easement to be used for any other public purpose, that does not preclude the use of the
Encroachment on the Property, 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 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 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 THE ENCROACHMENT
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.
2015 Easement Encroachment Agreement-Commercial Page 3 of I I
LRIC Champions Center,LP Rev.02/2015
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 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
$1,000,000 Commercial General Liability
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 30 days prior written notice to the Building Official
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit
"B" and incorporated herein for all purposes. 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 the Encroachment and the cleaning and restoration of the Easement.
All insurance coverage required herein shall include coverage of all Licensees' contractors
and subcontractors.
9.
Licensee agrees to deposit with 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 Tarrant County, Texas. After being recorded, the original shall be returned to
the City Secretary of the City of Fort Worth.
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 the 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.
2015 Easement Encroachment Agreement-Commercial Page 4 of 11
LRIC Champions Center,LP Rev.02/2015
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 or joint enterprise between City and Licensee.
13.
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
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 permissions before occupying
such property.
14.
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 Sections 3 and 4 shall
survive the termination of this Agreement.
16.
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 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 60 days of such foreclosure or assignment and assumes all of Licensees'
2015 Easement Encroachment Agreement-Commercial Page 5 of 11
LRIC Champions Center,LP Rev.02/2015
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.
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.
SIGNATURES APPEAR ON FOLLOWING PAGE]
2015 Easement Encroachment Agreement-Commercial Page 6 of 11
LRIC Champions Center,LP Rev. 02/2015
THIS AGREEMENT may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
City Licensee:
CITY ORT ORTH LRIC CHAMPIONS CENTER, LP
c
By: By:
Randle od Name: Steve Lipscomb
Director Title: Founder
Planning and Develo ment
Date: 20 M&C:_ �J A
�QRT �0 1295:
- JA
ATTEST: Q;:' ' '' j� Approved As To Form and Legality
City Stcldta Assistant City Attorney
STATE OF TEXAS NTY OF TARRANT §
This instrument was acknowledged before me on A�, 201'_by
Randle Harwood, Director of the Plannin'42J-U velopment Department of the City of
Fort Worth, on behalf the City of Fort Wo
Publi U1, tate of Axas
JENNIFER LOUISE EZERNACK
SPP OA��
r;;• ;�s.Notery Public.State of Texas
Comm.Expires 03-01-2020
Notary ID 130561630
OFFICIAL RECORD
CITY SECRETARY
FT.WORTHII TX
2015 Easement Encroachment Agreement-Commercial Page 7 of 11
LRIC Champions Center, LP Rev. 02/2015
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 report requirements.
W
Janie Scarlett Morales
Development Manager
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
STATE OF Til § COUNTY OF §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared SEIIF FDu.N aF 2
(title),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 L f�?1E C/a4r1 A,01V S C&&rijTie L am
7Z+M_ Ltd. f AelbU6M, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �Q day of
a-h . , 201
WRIGHT T SCHWARTING
Notary ID#125374183
My Commission Expires
May 172021 Notary Public in and for the
State of 7G-j+-a-s
2015 Easement Encroachment Agreement-Commercial Page 8 of 11
LRIC Champions Center, LP Rev.02/2015
LEGAL DESCRIPTION OF THE PROPERTY
2015 Easement Encroachment Agreement-Commercial 9 of 1 1
Rev. 02/2015
Page
EXHIBIT "A"
Map of Encroachment and Easement
2015 Easement Encroachment Agreement-Commercial 10 of 11
Rev.02/2015
Page
2015 Easement Encroacbment Agreement-Commercial 11 of I 1
Rev.02/2015
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PROJECT: 222210369
CHAMPIONS CIRCLE ADDITION, PAD 8 777 oath. .Suit 6100
Fort Worth,Texas 76102 (3 Stdnt@C
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Client/Project
LRIC
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777 Main St.Suite 600 Tme 1.0
Fort Worth,Texas 76102 ENCROACHMENT
www.stantec.com AGREEMENT EXHIBIT
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ACORO® DATE(MMIDDNYYY)
CERTIFICATE OF LIABILITY INSURANCE F03/26/2018
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.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 policy(ies)must have ADDITIONAL INSURED provisions or 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 Heather Taylor
NAME:
Brock Insurance Agency PHONE
Ex[: (706)866-3394 ntxc.No): (706)861-4619
823 Chickamauga Avenue E-MAIL heathert@brockins.com
ADDRESS:
P.O.Box 460 INSURER(S)AFFORDING COVERAGE NAIC#
Rossville GA 30741 INSURER A: The Travelers Indemnity Company 25658
INSURED INSURER B: Travelers Property Casualty Company of America 25674
EMJ Corporation INSURER C: National Union Fire Ins Co Pittsburg,PA 19445
5525 N.MacArthur Blvd. INSURER D:
INSURER E
Irving TX 75038 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL1811915801 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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.
INSR AULIL UILIBIR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE iNSO WVD POLICY NUMBER 'MMIDDN MMIDDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE FX1 OCCUR PREMISES(Ea occurrence) $
300,000
LIED EXP(Any one person) $
A VTC2K-CO-57948611-IND-18 01!31/2018 01/31/2019 '9RSONAL&ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 4,000,000
POLICY ❑X PEO ❑ LOC PRODUCTS-COMPiOPAGG $ 4,000,000
OTHER: Employee Benefits Liab $ 2,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
Ea accident)
X ANY AUTO BODILY INJURY(Per person)
B CWNED SCHEDULED VTJ-CAP-579466OA-18 01;'31/2018 01/31/2019 BODILY INJURY(Per accident) 1i
AUTOS CNLY AUTOS
X HIRED HX
NON-OWNED ?ROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY )Per acciderYI
X 1000 Comp 1000 collision Uninsured motorist $
UMBRELLA LIAB 25,000,000
X X OCCUR EACH OCCURRENCE $
C EXCESS LIAB CLAIMS-MADE BE011403278 01/31/2018 01/31/2019 AGGREGATE $ 25,000,000
DED I X RETENTION$ 250,000 $
WORKERS COMPENSATIONX STATUTE _0TH
AND EMPLOYERS'LIABILITY ER
YIN - 1,000,000 -
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
A OFFICER/MEMBER EXCLUDED? NIA VTC2KUB-8H88289-6-18 01/31/2018 01/31/2019
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes.describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re:Champions Circle Retail Development-3488 Highway 114
2nd Workers Compensation Policy Travelers Indemnity Company VTRK-UB-8H882940-18,States are AL FL LA MA NE NM TX VA
1/31/18 to 1/31/19 1,000,000 E.L Each Accident,1.000,000 E.L.Disease-EA Employee,1,000,000 E.L.Disease-Policy Limit Per Statute.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
The City of Fort Worth PN18-00012 ACCORDANCE WITH THE POLICY PROVISIONS.
1000 Throckmorton St
AUTHORIZED REPRESENTATIVE
Fort Worth TX 76102 '4z /�/�
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