HomeMy WebLinkAboutContract 55189 Date Received: Jan 22,2021 City Secretary
Time Received:9:18 am Number: 55189
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT 1. a-trade and entered into by and between THE CITY OF
FORT WORTH, a.home rile municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and Keller i icks Petroleum, LLC, a Liinited Liability
Corporation ("Licensee"), owner of the real property located at 11501 Park Vista Blvd.,
Fort Worth, Texas 76137 ("Property"), acting by and through its duly autliorized
member of the LLC.'_
RE CITALS
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, attached as "Exhibit C" rind incorporated herein for all
purposes; and
WHEREAS, the City has a 20' drainage, and utility casement (the "Easement")
in the Property as shown on the map attached to this Agreement as"Exhibit A," which is
incorporated herein for all purposes; and
WHEREAS, Licensee desires to constrict, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement; and
WHEREAS, to accommodate the;tiLeds 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 ctitlsideration cif the paynient by the Licensee of the fee set out below
:end covenants and agreements hereinafter contaii?ed to be kept and performed by
Licensee, hereby grants perm]-Ssion to Licensee to encroach W., on, above, or below and
occupy a portion of (lie; City's Easement as described ati and at the location shown on
Exhibit A, but only to the extent shown thereon, for the purpose of installing a 2"
OFFICIAL RECORD
Easement Encroaclunew A,greemeial.-Commercial CITY SECRETARY
FT. WORTH, TX
domestic and 1" irrigatimi water service lines that both cross the existing 12" sat,itary
sewer line which is inside a 20' drainage & utility easement along Keller Hicks Road.
(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within 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.
2.
All coustruction, maintenance, or operation in connection with such
Encroachment, use, and occupancy shall comply and be perforrned in strict compliance
with this A recment and with the Charter, Ordirkances, and Codes of the City, Find ill
accordance with the directions of the D.i.rector of the. Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or drily authorized representative.
Licensee shall riot commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not rclicvc Licensee of responsibility and liability for concept,
design, and computation in the preparation of such plans and.specifications.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affectcd by such
Encroachment, use, and occupancy, Including securing the approval and consent of the
appropriate utility vompanies and agencies of the State 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, Licensee shall pay to the 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 their duly
authorized representative.
4.
Licensee agrees that the City may ranter and utilize the referenced areas at any
time for the purpose of installing, repairing, replacing, or maintaining improveirlents to
its public facilities or utilitiew necessary for the health, safety, and well�are of the public,
or for any caller public purpose. The City shall bear no responsibility or liability for ally
damage or disruption or other adverse consequences resulting froth the Encroachment
installed by Licensee, but. the City will make reasonable efforts to minimize such
damage.
Easoment EncroachniC11L A,grecmeaal -Commercial I'age 2 of 12
Revised 4/2020
5.
Upon tennination of this Agreement,Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the
Water Department, or their duly authorized representative, in accordance with then-
existing City specifications. it is understood and agreed to by Licensee that if this
Agreement terminates and Licensee tails to remove the Encroachment as directed and
restore the Easement, Licensee hereby gives the City permission to remove the
Encroachment and any supporting structures and 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, maintenarkee, inspection, or
management of the encroachments and uses provided -I-br by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application flee of in the
suin of Five Hundred Dollars ($500,00).
7.
J'he term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreeincrit is executed by the City. However, this Agreement may be
terminated upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any noncompliance and if not cured within thirty
(30) clays, this Agreement shall be deemed terminated, imless such noncompliance is not
susceptible to cure within thirty(30) days, in which case this Agreement shall be desired
terminated its the event that L icetisee fails to commence and talcs such reasonable steps
as are necessary to remedy the noncompliance within thirty(30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently alid
with continuity to remedy same.
8.
It is Further understood and agreed between the parties hereto that the Easement
to be used and encroached upon is held by City as trustee for the pcublrc; 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 4,91 lature; and that City cannot contract away its
duty and its legislative power to control the Easement for the use and benefit. of the
public. Tt 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 penni[ [lie Easement to
be used for any other public puvpvse that does not preclude the use of the Encroachment
on the Property, including but not being limited to underground, surface, or overhead
J"s lRtgncnt EnL'r(YLii:imcnt Agrctmiciit-C',omrnt:rcil51 Page 3 of 12
Rk�%,dst%3 4 2020
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.
9.
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,
WIMTHER 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 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,
10.
While this Agreement is in effect, Licensee agrees to fflisl, City with a
Certificate of Insurance naruing City as certificate holder as proof that it has secured and
paid for a policy of public liability iDsiiraiiue covering all public risks related to the
proposed use and occupancy of public property as located and described in Fxhibit A.
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agh•eernent by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such anlouilts
inamediatel.y following Notice to Licensee of such requirement. Such insurancc 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 to submit a
Eaticmcrlt EaLlo,achnictit A!-n-cunuit-Loll-an l-cial Pais 4 of 12
Revised 4/2020
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force Bach 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 Easemem. All insurance coverage required herein shall include
coverage of Al L.icexrsee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreonent. 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
he returned to the City Sceretary of the City of Fort North.
1�.
Licensee agrees to comply fully with all applicable federal, state, anti local laws,
statutes, ordinances, codes, and regulations in connection with the const.nrction,
operation, and maintenance of the Encroachment and uses.
13.
Licensee agrees to pay promptly when due all fees,taxes,or rentals provided for
by this Agreement or by airy federal, state, or locat statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hercundcr as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
"ervarlt, car employee of City, and Licensee shall have exclusive control of ar�rd the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts arid ornissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondea.t superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shrill be
cowdrued 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 Easement and is not a conveyance of any right, title, or .interest in or to die
Easement E=nLroadunuit Agre must-Conu-nuclal Page 5 of 12
kcvis�:cl�Il2(E,�.i)
Easement, nor is it meant to convey any right to use or occupy property in which a third-
p�irty may have an interest. U.cerisee agrees that it will obtain all necessary permissions
helore occupying such.property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section S shall
survive the termination of this Agreement.
1 S.
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, Liccnsee may assign all of its rights and obligations under
this Agreement to the new owner of"the Property, and Licensee shall be deemed released
frorn its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not he 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
assigu.i ent and assu,n,es all of Licensee's rights and obligation-, hereunder. However, no
chango of ownership duo to forcc:losure or assignincrit to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assigiunent 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 Stine of'Texas.
20.
'this Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
Easement.Encroauhmcw Agreement-Conunmial Page G of 12
Revised 4/2020
This Agreement may be executed in multiple counterparts, each of wb.i(;b shall be
considered an original, but a.11 of which shall constitute one instrument.
City: Licensee:
CITY OF FORT WORTH OWNLI
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!�ry DJ Harrell 1Jan 19 202113:49 CST1 B jy
DJ Harrell, Director � DeWan, Meg,-tier
Development Services Department Keller Hicks Petrolcuin LLC
Date; Jan 19,2021 Date:
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ATTEST: p� 0 * Approved As To Forin and Legality
00 ICY
d��ti nEXpSo4.�
P. 4M I— Matthew Murray(Jan 18,2021 09:20 CST)
or Ronald P.Gonzales(Jan 0 202111 4:02 CST)
Mary Keyser, City Secretary F W B C Sec. 3210
City Secretary's Office Matthew A. Murray, Assistant City Attorney
City Secretary's Office
CONTRACT COMPLIA,NCG SPECIALIST:
By signing 1 acknowledge that 1 am the person
Responsible for the monitoring and administration
OI'this contract, including ensur4tg all perl'ormance
And ro ort' requirements.
Janie S. Morales
Development Manager
OFFICIAL RECORD
Easement Encroachnicut Agrccimil-Commercial CITY SECRETARY
FT. WORTH, TX
STATE OF'fERAS §
GOIUN"1"'Y OF TARRANT
'B'FFOR'R 'MF., -the undersigned aat.hority, a :Not€,ry'Public in grid For the State of
Texas, on this day personally ,appeared DJ. Harreil, khown 'tv me ILU bi; the laersoyi
whose name is :subscribed to the foregoing .instruinent, and kick nowledged to me that he
:executed the same 56r the ]purpose s ,and consideration therein expressed, as the act wrid
deed of idle �Ciity ff Fort Worth, and-in the capaeity therein stated.
OrIV1EN UNDER MY HAND .AND SEAL OF �OFFIC:E this 191th -day of
January , 210 21
Digitally signed by Jennifer L µvn� JENNIFER L, EiERNACK
Jennifer L Ezernack Ezernack z�OG� Public
Publi
Date:2021.01.21 19:18:.31 -06'00' • • STATE OF TEXAS
Notary LD 130561,530
Notary Public in and for the State of Texas My Cornm Exp.Mar. 1,2024
After recording.return to:
Development Services Deparb-neut
Development Coordination Office
200 Texas Street
Fort Worth, Texas 761 Uy
OFFICIAL RECORD
IEascmcut Eacroachnlclll Arrcxmrait-Commucial CITY SECRETARY
FT. WORTH, TX
STATE, OF TEXAS §
COUNTY OF TARRANT §
t3E ORF., ME, the undersigned authority, a Notary Public in and for the State of
%9 CILS , on this day personally appeared Waliid De Wan, Member, known to me to
be the person whose namc is subscribed to the foregoing instrument, and acknowledged
to me that he or she executed. the same for the purposes and consideration therein
expressed, a5 the act and deed or Keller Flicks Petroleum LF.,C, a Limited Liability
Company, and in the capacity therein stated.
GIVEN UNDER MY RAND) ANT,) SEAL OF OTFiCL' this -day of
20 2.O
Notary Public In 'md for the
5USMA
KOIRALA
Notary o TEX
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OFFICIAL RECORD
Easamcnt Eieroadunent Agreement-Conunercial CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Map of Easement and Encroachment
r--aecinent Encroadunent Agr=ncnt_Commercial Page 10 of 12
Revised 4i2020
Exhibit A
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w 11501 PARK VISTA BOULEVARD
N LOT 18,BLOCK 78,THE VILLAGE OF WOODLAND SPRINGS EAST
aCITY OF FORT WORTH,TARRANT COUNTY,TEXAS. 76244
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E aseincnt EncrnacluncnE Agrc=rnt-C ornrttnrcial rage L 1 of 12
Revised 4/2020
EXHIBIT C
Metes and Hounds or Location Description of the Property
Eagrtttertt E(ILT 1aCI1p1l;a Agyraemcnt-Conunercial Page 12 of 12
RcvL4Vd 4/2020
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