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EASEMEN"I" ENCROACHMENT LICENSE AGREEMENT
T"
Commerclal
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, . home rule municipal corporation of Tarrant County, Texas 4`clty" ,
acting, by and through its duly authorized City Manager or, its duly designated Assistant
City Manager or Planning and Development Director,, and HLJNTER CROSSROADS,
P, a Texas limited partnership ("Licensee"), acting by and through pug its duly atithorized
representative, owner of the real property located at 13124 Highway 287 fort Worth,
TX ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as a 1.337
ere tract of land situated in the M.F.P. & P.R.R. Company Survey, Abstract Number in
the pity of Fort Worth, Tarrant County, Texas, more particularly described In the attached
Legal Description of the Property; and
WHEREAS, the City has a 25 folot wide water and sewer easement (the
"Easement"') in the :Propert y as shown on the map attached to this Agreement as Exhibit
"A"' and incorporated herein for all purposes' and
WHEREAS, Licensee desires to const ct place and maintain a retaining wall
(tie Encroaclune.nt" which will encroach onto the City's Easement as shown on the
attached Exhibit `A"' only to the extent shown thereon. and
WHE REAS, to accommodate the needs of the Licensee, the; City will allolw the
Encroachment under the terms and conditions as set forth in this Agreement.
W, THEREFORE,, the City and Licensee agree as follows:
AGREEI ENr.t'
1.
The City, in consideration of the payment by t he Licensee of the fie set out below
and covenants and ,agreements hereinafter contained, to he kept and performed by the
Licensee, hereby grants permission to tl-e Licensed to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown x ihlt "A" for
the purpose of constructing a retaining wall the "Encroachment"'). 'Upon colmpletion
i or maintain*the Encroachment, L icensee agrees to he responsible iing any and all
structures and buildings within and above the Easement. I,,,,..icensee shall not expand or
2012 Easement Encroach.mc t Agreement-Cormnercial Page l of
Rev. 02120,
RECEN Eb
otherwise cause the Encroachment to further infringe in or 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, Ordinances and Codes of the City and in accordance with the directions
of the Director of the Transportation and Public Works Department or -the Director of the
City's Water Department, or his or her duly authorized representative. Prior to the
construction of the Encroachment, Licensee shall submit all plans and specifications to
the applicable Director or his or her 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 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 o rued 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.
2012 Easement Encroachment Agreement-Commercial Page 2 of 9
Rev. 02/2014
4.
In order to defray all costs of inspection and supervision which City ha,s incurred
or will incur as a result of -the construction, maintenance, inspection or management of
the encroachments and uses 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 'I"wo
Hundred and Seventy Five Dollars ($,275.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of $.5'6 per square/linear
foot of the encroachment area.
5.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fo�rt Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify I_.icensee of the non-compliance and if not cured within thirty
(3 o) days, this Agreement shall be deemed terminated.
6.
It is further understood and agreed upon between the parties hereto that the
easements to be used and encroached upon as described herein, are 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 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 right of way to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property for a office building or activities related thereto,
including but not being limited to underground, surface of overhead communication,
drainage, sanitary sewerage, transmission of natural or electricity, or any other public
purpolse, whether presently contemplated or not, that the parties agree to negotiate in good
faith in order to accommodate the Encroachment and the public purpose.
2012 Easement Encroachment Agreement-Com.mercial Page 3 of 9
Rev. 02/2014
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 SAID
ENCROACHMENTS AND USES GRANTED HERFUNDER, 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 LICEEE, HEREBY ASSUMES ALL LIABILITY AND
I
.RESPONSIBILITY FOR SUCH CLAIMS OR S,UITSI. LICENSEE SHALL
I..jIK-EWISE 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
ENCROACHMEN rl,,S AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSE E, ITS OFFICERS, AGENTS, SERVANTS,, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
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'%
"I"he amounts of such insurance shall be not less than the following:
$1,000,,000 Commercial General Li'abtt.-y
.7
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and, that L,icensee shall so revise such amounts
immediately following notice to Grantee of such requiren-ient., Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (1,0) days pirio:r
written notice to the Building Official of the City of" Fort Worth. A copy of such
20112 Easement Encroachment Agreement-Commercial Page 4 of 91
Rev. 02/2014
Certificate of Insurance is attached as attached as Exhibit "B". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary cote of the execution
of this Agreement.
i
Licensee agrees, binds and obligates i,tsiell" its successors, and ass'g�ns, to maintain
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroacl-igents and the cleaning and restoration of
the City streets. All insurance coverage require a herein shall include coverage of all
Licensees'' contractors and subcontractors,
9.
Licensee agrees to deposit with the City when this Agreement is executed a
suffic,ient sum of money to be used to play necessary fees to record this Agreement in its
entirety in the Real Property Records of Tarrant County, 'f"exas. After being recorded, the
original shall. be returned to the City Secretary of the City of Fort, Worth, Texas.
1. 1.
Licensee agrees to comply I'Lilly with all applicable federal, state and local laws,
statutes,ls ordinances, codes or regulations in connection it the construction, operation
and maintenance of said the Encroachn-ient and uses.
I.."icensee 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.
2012 Easement Encroachmerit Agreement-Conu-ner al Page 5 of 9
Rev. 02/2014
t 2.
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 oniissions 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 ts 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.
icensee 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 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 per -fission
be"Core occupying such property.
14.
In any action brought by the City for the enforcement of the obligations of the
I..,icensee, City, shall be entitled to recover interest and reasonable attorney's fees.
15.
The parties agree that the duties and obligatioln contained paragraphs 3 and 4 shall
survive the termination of-this Agreement.
20:12 Easement Encroach ment Agreement-Coinmercial, Page 6 of 9
Rev. 02/2014
16.
Licensee covenants and agrees that it will not assn.gn aII or any of its rights,
pfiv1 eggs or duties under this contract without the wr tten approval of City, and any
attempted assignment without such written approval should he void.,
17.
Any cause of actin for breach of this Agreement shall he brought In Tana .t
County Texas. ThisAgTeem.ent sh .l ,fie governed by the laws of the State of Texas.
18.
This agreement shall. he binding upon the parties hereto, tier successors and.
assigns. n
Ile �V
EXECUTED this j � d
City Licensee:
City of Fort oath Hunter Crossroads, LIP
Cal Texas limited Partnership
By. uinter Crossroads GP", LLC
Texas ited liability coimpany,
it's General rtr
By. Ry
a dl X11 0 Name: Scott Rohnii,art
Director Title-, Manager
Planning and Development
Of F
r
n
� Ou
1,Ak ,
City Secretal Assistant City Attorney
,
2012 Easement Encroachment Agreement-Commercial Page 7 of 9
�
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
pnvileges or duties under this contract without the written approval of City, and any
attempted assign-ment without, such written approval should be void.
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
ass,ig,ns.
EXECUTED this day of 20 .
City Licensee:
City of Fort Worth HUNTER CROSSROADS, LP
a Texas limited partnership
By: I...lunter,Crossroads GP, LLC,
a Texas limited liability company
its G I Partner
By: By ------
Randle Flarwolod Scott Rohrman, Manager
Director
Planning and Development
ATTEST: Approved As To Foim and Legality
City Secretary Assistant City Attorney
2 012 Easement Encroachment Agreement-Comrnei-cial Page 7 of 7
STATE OF TEXAS
COUNTY OF TARRANT
E -
BEFORE .E � � �+ �, � d t1or e State of
Texas, oii this y personally appea ed t nee to be
fE^
the person whose name is subscribed to the foregoing instrument, n aclmowledged to
me that he/she exec uted t same for the purposes a consideration t .erein expressed, as
the act and deed of the City '� ` rt Worth, and in the capacity therein stated.
GIVEN DER , AND ANT: SEAL 01F OFFICE this may of
20
CASSANDRA F. MAN
Notary PublIc.State of Tows
Lot . CommI it tart'Pu lic I , fir the State Texas
x s April 26a 2017'
2012 Easement Encroachment Agreement-Coliumercial Page 8 of 9
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 Scott Rohrman, Manager of Hunter Crossroads
GP LLC the General Partner of Hunter Crossroads, LP, 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 cif Hinter Crossroads, LP,, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
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CAROLYN ofy P ' Notary Public in and for the xc, e Texas
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N040fY
66 orl x_lip's
M�y Commissilon ExPJ
07 2 01
7 State oi i exas
February 07, 12017
IMF:
2012 Easement Encroachment Agreement-Con imercial Page 9 of 9
PROPERTYIDESCR I PITION
Being a 1.337 acre tract of land situated in the M.E.P. & P. .R. Company Surve ,Abstract Number 1131,
in the City of Fort Worth, Tarrant Colunty.,Texas and being LOT 6, BLOCK 1 of VISTA CROSSROADS
ADDITION, an addition to the City of Fort Wolrth, according to the plat recorded in C.,C. Document #
D12131167946 of the Official Public Records of Tarrant County, Texas and Ibeing more part,icularly
described as follows:
BEGINNING at a 5/'8 inch iron rod set for the west corner of said Lot 6 and being, located in the northeast
line of U.S. Highway 287 (variable width);
THENCE departing said northeast line,, NORTH 37'013'21" EAST a, distance of 266.81 feet to a 5/8 inch
iron rod set for corner;
THENCE SOUTH 50'02725" EAST a distance of 214.33 feet to a 5/8 inch iron rod set for the east corner of
said Lot 6;
THENCE SOUTH: 37'17'18" WEST a distance of 274.517 feet to a 5/8 inch iron rod set in the northeast line
of said U.S. HIiglhway 287 and being in a non-tangent curve to the right having,a radius of 2,837.82 and a
chord bearing of North 48,'22"510"' West;
THENCE along said northeast line with said non-tangent curve to the right through a central angle of
04019'53" for an arc length of 214.52 feet to the PO,INIT O,F BEGINNING;
CONTAINING 1.337 acres,or 58,218 square feet of land more or less all according to that survey
prepared by Al Bedford Group, Inc.
HU�NTER CRO,S�SRO�AD�S, LP 10 �30
D207294400 m m !I
TAX ID# 41359283 0 20 40
SCALE.-, 1 ff = 2011
2'5'Water&
Sewer Easement
29'Ptiblic Access Easemeri t
PROPOSED WALL S. 5�0027 25"
--w w-
w �EXISTI�1N IN
w G WATE
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EXISTING SANI,TF7ARY S, WEB ss_ SS
SS SS
Proposed
0 Lot Z Block 2
Hunter Crossroads
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Q0 STORAGE
ENCROACHMENT AGREEMENT - IN! LET A
2011-068 FORT WORTH,TARRANT COUNTY, TEXAS 10/24/20113
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,gin S,XJ,ffJT*Jl Avemiam%mgJaka V*x*A760V2w(A17)321L.3200
EXHIBIT A
ACC>R
CERTIFICATE OF LIABILITY'" INSURANCE
��� ��I�T�C:�AT1E I � TT � + I �� CH ONLY HOLDER.THIS
CERTIFICATE DOES Nom'" AFFIRMATIVELY OR NEGA�"L AMEND, E�N R ALTER THE OVERAGE AFFORDED ED Y THE POLICIES
THIS ERTIF4T ` INSURANCE """ CONS1TnITE A CONTRACT BETWEEN ISSUING LN �U , AUTHORUED
REPRESENTATIVE ESENTATIVE O PRODUCER,AND THE C ER I IFICATE HOLDEIL
IIMPORTAN TR It the cerrtlftge Wider Is an ADDITIONAL INSURED,the I llwAlse must be endorsed. If SHH C GA IS WAIVED,subject to
the tarps and conditions of the policy,cartaln polkles may require an endorsement. A staWment on this certffloste does not confer rights to the
cart1ficate holder In lieu of such end e
CONTAODebbie N. 1
Wood-Wilson pang Inc
OPHOKII ,t (974)783-4915
1nsur & Financial Services »h l exoodwllu , on
8131 LBJ fteeway, Suite 220
L
Dallas TX 75251-133 110WRERAiMid Continent Casualtv
INSUREO Hunter Crossroads,, L Hunter Crossroa r u I,
14LC, Investors Crossroads, LP;
INSURER C
Hunter Investors C;P,, LW INSURER D
890 Went Northwest Hwy,, Suite #100 INU E
Dallas TX 7522 IUSUWdt F
COVERAGES CERTIFICATE . 13121900634 REVISION NUM
IS I T CERTIFY T THE POLICIES OF INSURANCE D BELOW AVE BEEN ISSUE0 TO THE INSURED ED �F Imo"PERIOD
TED. T I C UI ENT,TERM OR CONDITION OF'Am CONTRACT OR OTHER DOCUMENT W RESPECT TO
THIS
TE
MAY BE ISSUED OR IAA"PERTAIN,THE IIS CE FORDED BY TH' E POLICIES DESCRIBED HEREIN IS SUBJECT TO,ALL THE TERMS,
EXCLUSIONS IS AND,CONDMONS OF SUCH POLICIES.L1MI"LS SHOWN MAY HAVE BED REDUCED BY PAID CLAIMS.
INNS.
im in 1.0 dwgR2=
EACH OCCURRENCE 5 1*0000000
DAMAGE To RIMM 1 1000000
7X COMMERCIAL GENERAL LtAaLiTy 12/15/2013 12/15/2014 PRQA=ffggg2M=1 S
A CLAwsumx FAI OCCUR X SOL000994061 MED EXP ftcop e!!LmJi 6
GENERA TE 2, 0 ,000
LIB DIES PRODUCTS-COMMOP AM 5 j CI 0001
7xFM=[7z F=1= 11 ---L I I tAMMOMISUMUN 1
A SO[& R'
AUTOS AUTOS
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HM AUTO$ AUTOS
17 I=UAL1A8 X OCCUR EACH OCCURRENCE StO000000
EXC938 UM CLARIS-MAM AGGRE"M 30 CI A00
X 5100 4X81946S9 :2/13/201312/13/2014
WORKERS COMPENSATION am r
A"MM"WRS'III M'
YIN
ANY OIL
WESIOW NIA
In
O TI
�D A
L10'� I OF OPERATIONS I LOCATION8 IV94190-716179 h RD 141,Aid Remits b�R t� u'Is�uI*
13124 Highway 207 Tort Worth,
CERTIFICATE TE H! LD CANCELLATION
ELL.ATION
SHOULD ANY CIP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE E THEREOF, NOTICE, WILL, BE DELIVEND I
City of Fort Worth ACCORDANCE WffN THE POLICY PROVISIONS.
Throcknorton
"'part ' orb,, TX 7610
AC C SC "� 1088-201I AC ID CORPORATION, �
rr?i7�vw�irrNinl11,:. `IC '� �
INS825(mootw The ACORD name and logo an registered marks of ACORD
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