HomeMy WebLinkAboutContract 42763cCITY cT Wo 41 T U 3
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 (NTP Point, LLC), hereinafter referred to as "Licensee ", owner of the
property located at (street address 3409 North Tarrant Parkway, Fort Worth, TX 76244)
( "Property ").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as ( LOT 2,
Block A, NTP Point Addition), an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A , Slide 12699 - 12700, of the Deed records of Tarrant
County ( "Property "); and
WHEREAS, the City has a (5' Wide) (Utility Easement) (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 Monument Sign( 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
on the City's Easement beyond what is specifically described in the exhibit(slaxta,h - -- - - -- --
CJY
e
6.
M
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
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.
31
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,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
3
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.
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.
a
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.
U
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
4
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 �O day of �&1VtUA2,j , 20 t2.
City
City of Fort Worth
Fernando Costa,
Asst. City Manager 4aoonu�A
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/$9-City Secretary �J
-:Dntract Authorization
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hate
Licensee
NTP Point LLC
By: Bonafide, Inc., a Texas Corporation, Its
general partner
By:
Name: Mostafa Setayesh
Title: President
Approved As To Form and Legality
Assistant City Attorney
0 FF'"C1 A L 1 �-00 D!
CITY .: R�JARY
5 F1. W 0y1 TH, TX
i
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 ' /W— day of
,2012
i
otary Public in and for the State of Texas
DANIELS EVONIA
MY COMMISSION EXPIRES
Juty 10, 2013
E
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 � , known tome to be
the person whose name is subscribed to the foregoing instrumen , 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 day
of ,20_.
KATHY BOVrEN
' MY COMMISSION EXPIRES
£ ?� O*ber23, 2015
4t4"&"M
Nota Public and for the State of Texas
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LADE
CERTIFICATE OF LIABILITY INSURANCE I DATE(MWDD/VYYY)
10/31/2011
THIS CERTIFICATE IS ISSUED AS A 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(les) 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 Ileu of such endorsement(s).
CONTACT
PRODUCER (972) 385 -3726 NAME: Demetrice Ward
HHC - Dallas Branch Office PHONE Fti. 972 -354 -2923 auc No): 972- 385 -3245
300 East Royal Lane
Suite 250 ADDRESS: demetrice.ward@hlbbshallmark.com
Irving, TX 75039 CUSTOMER 10 0:1 URNCON -03
INSURERS) AFFORDING COVERAGE +_ NAIC N
INSURED NT P Point LLC INSURERA :Empl_oyers M__U_t Ca$ CID
10755 Sa ndhill INSURER B:
Dallas, TX 75238
INSURER C _
INSURER D : _ _
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 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. 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.
ADM INTR TYPE OF INSURANCE POLICY NUMBER MM /D Y EFF M U�DIYY� LIMITS
GENERAL UABILITY
EACH OCCURRENCE
S 1,000,00
A
A COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE f I OCCUR
2D3737611
11/1/2010
11/112011 PREMISES lE Rene
MED EXP (Any one person)
S 100,00
$ 5,00
PERSONAL 8 ADV INJURY
S 1,000,00
GENERAL AGGREGATE
IS _. _ 2,000,00
_ _.
GEN'L AGGREGATE LIMIT APPLIES PER
PROni ICTS . COMP /OP AGG
S 2,000,0_0
', X POLICY �� PRO LOC
$
A
AUTOMOBILE LIABILITY
X ANY AUTO
2E3T37611
11/1/2010
11/1/2011
COMRTNFr) SI NGI F I IMIT
(Ea accident) _
$ 1,00!),0!)
_
(
BODILY INJURY (Per person)
$
ALL OWNED AUTOS
I
BODILY INJURY (Per accident)
$
SCHEDULED AUTOS
`
'PROPERTY DAMAGE
HIREDAUTOS
i
(Per accident)
$
` NON -OWNED ALTOS
j$
!'
X UMBRELLA LIA6
X
OCCUR
EACH OCCURRENOF
$ 5,000.00
A
EXCESS UAB
CLAIMS- MADE,
2N3737611
11/1/2010
1111/2011
AGGREGATE
$ 5,000,00
DEDUCTIBLE
H$
X RETENTION S 10.000
WORKERS COMPENSATION
WC STATU- OTH
X T Y IMIT;xI__ER
T1,000,00
A
AND EMPLOYERS' LIABILITY
ANY PR OPRIETOR/PARTNER/EXECUTIV£ Y /"
2H3T37611
11/1/2010
1111/2011
E L. EACH ACCIDENT _.
$
OFFICERIMEMBER EXCLUDED? N/A
(Mandatory In NH)
_. _
S 1,000,00
�_ .._
E_L DISEASE • EA EMPLOYE
If yyes describe under
DESCRIPTION or OPERATIONS below
E L DISEASE - POLICY LIMIT
S 1 x000,00
A Inland Marine
2C3737611 111112010 11/1/2011 !Hired Equipment 1160,0
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space N required)
City of Fort Worth
Attention: Cassandra Foreman
Planning 3 Development Dept
1000 Throckmorton Street
FOR Worth, TX 76102-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
it) IOU -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
M &C Review
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 12/13/2011
Page 1 of 1
Official site of the City c` Fort Worth, Texas
FORT WORTII
_ ".-_
REFERENCE ,,, 06NTP POINT LLC EASEMENT
DATE: 12/13/2011 NO.: C -25342 LOG NAME: ENCROACHMENT AGREEMENT
MONUMENT SIGN
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Easement Encroachment Agreement with NTP Point, LLC, for
the Construction of a Monument Sign Proposed to Encroach Onto a Five Foot Utility
Easement at 3409 North Tarrant Parkway (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Easement Encroachment
Agreement with NTP Point LLC, for the construction of a monument sign proposed to encroach onto
a five foot utility easement at 3409 North Tarrant Parkway.
DISCUSSION:
NTP Point LLC, has requested use of a public utility easement to construct a monument sign at 3409
North Tarrant Parkway.
City Staff from both the Transportation and Public Works and Water Departments have reviewed this
encroachment request and recommend Council approval.
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/Centers
GG01 421232 0062000 $275.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
NTPLocMapl10111 Pdf
Site plan exhibit.pdf
FROM Fund /Account/Centers
Fernando Costa (6122)
Randle Harwood (6101)
Cassandra Foreman (2239)
http: // apps .cfwnet.org /council _packet /mc_ review. asp ?ID = 16155 &councildate = 12/13/2011 12/14/2011