HomeMy WebLinkAboutContract 45634 MY SEMAW
CONTRACT No.iLILL.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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 or its duly designated Assistant City
Manager ("City") or Planning and Development Director, and Corridor Village Texas,
LLC acting by and through Keith Guerraz, hereinafter referred to as "Licensee", owner of
the property located at 3808 Post Oak Boulevard ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (Lot 2R,
Block 4, Post Oak Village) , an addition to the City of Fort Worth, Tarrant County, Texas
as recorded in Volume 388-158, Page 06, Plat Records of Tarrant County ("Property");
and
WHEREAS, the City has a 15' 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 and maintain a monument sign
(the "Encroachment") and 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 allow the
Encroachment under the terms and conditions as set forth in this Agreement.
,
NOW THEREFORE the City and Licensee a g ree as follows: i,WFIC
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
rrnn portion of the City's Easement as described in and at the location shown Exhibit A for the
n
rn purpose of the property's monument sign (the "Encroachment"). Upon completion of the
o Encroachment, Licensee agrees to be responsible for maintaining any and all structures
3
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2012 Easement Encroachment Agreement-Commercial Page 1 of 9
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and buildings within and above the Easement. Licensee shall not expand or otherwise
cause the Encroachment to further infringe in or oil the City's Easement beyond what is
specifically described in the exhibit(s) attached hereto.
I
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 Transportation and Public Works Department or 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 applicable
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.
I
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 ally 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 of the City, or his duly authorized
representative.
2012 Easement Encroachment Agreement-Commercial Page 2 of 9
4,
In order to defray all costs of inspection and supervision which City has incur-red
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 sung of Two
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 S.56 per square/linear
lbot of the encroachment area,
5.
The term of this Agreement shall be for thirty
� (30) years, commencing on the date
this Agreement is executed bV the City of Fort 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 Licensee of the non-compliance and if not cured within thirty
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 casement 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
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.
2012 Easement Encroadiment Agreement-Commercial Page 3 of 9
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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 A CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCI,UDJNG DEATH, TO
ANY AND ALI, 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
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.
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 the following:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Grantee Of Such requirement. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
20 t 2 Easement Encroachment Agyeenient-Commercial Page 4 of 9
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 date of the execution
ofthis 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 terns of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors.
9,
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient surn of money to be used to pay necessary fees to record this Encroachment on
Easement Agreement in its entirety in the deed records of Tarrant County, Texas, After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth. Texas.
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 said 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.
2012 Easement Encroachrrient Agreement-Commercial Page 5 of 9
11
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,
ernployees, 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.
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 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 permission
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 paragraphs 3 and 4 shall
survive the termination of this Agreement.
1=
2012 Easement Encroachment Agreement-Commercial Page 6 of 9
16,
Licensee covenants and agrees that it will not assign all or any of its rights,
Z11
privileges or duties under this contract without the written approval of City, and any
attempted assignment 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 panties flereto, their successors and
assigns.
A
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EXECUTED thrs,-Y' /, d-la.y of
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City Licensee:
City of Fort \Vorth Corr Oor Village Texas, LLC
By: By:
Randle Harwood Keith Guerraz
Director AL11110rized Representative
Planning and Development
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NTTEST'
roved As To Form and Legality
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........... .........
City Se ' h I Assistant City Attomey
2012 Easenieiit Encroachment Agreemew-Commercial -�FICIAAL Page 7 of 9
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned ltc7rity, Notar ublic in and r the State of
Texas, on this day personally appeared o Ito 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 HAND AND SEAL OF OFFICE this day of
20
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Notary Public to and for the State of Texas
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2012 Easement Encroachment Agreement-Commercial Page 8 of 9
STATE OF TEXAS §
COUNTY OF TAR RANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Kieth Guerraz, 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 Corridor Village Texas LLc, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
r
/47,44 e '
Notary Public in and for the
State of Texas
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2012 Easement Encroachment Agreement-Cormnercial Page 9 of 9
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CERTIFICATE OF LIABILITY INSURANCE =5/'2 0 14
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMA"TiVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE,rWEEN 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 be endorsed. If SUBROGATION IS WAIVFD7,ubl,-ct I.
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 endorse ment(s).
'TO A
PRODUCER 1•,972-993-3" 0 .50NIAZI
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krthur J,, Gallagber Risk Xngmt, Services, Inc.
'rwo Lincoln Centre E.MAX
-AD RE &
5420 LBJ rwy, SUirte 400
Da,j,las, TX 75240 PINISURERLS)AFFORMNG COVERAGE 9
Al.ec T. Birele INSURERA, International Inv Co of T.Kannover 37 97 4
...........
INSURER 8 TORUS SPECIALTY 114S CO 44776
Carr:idor ViIl.age Texas, LLC
c/o Rockport Squity -INSUREAC,
20 Avon Meadow Lane INSURER 0
Atton, CT 06013.
INSURER F
COVERAGES CERTIFICATE NUM BER: 38573471 : REVISION NUMBEW--
,mm IS TO CERTWY'1[ijA1-I HE POLICIES OF INSURANCE LIS1 ED BELOW IJAVE BEEN ISSUED TO 7 HE INSUIRED NAME.:D ABOVE FOR 11 IE POUCY PF.m5r.)
11qDK,'ATj:-:D, N()TwITHSTANI' NG ANY REQUIREMENT, TERM OR CONDiTION OF AI4Y CONTRACI Off OTHER [K)CUMENT WiTH, RESPECT TO WWCH IMS
CERT E IWAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIOES DUSCRIBED HEREIN 1,13 SUBJECT TO A111 TIHI,TIERAS,
EXC'LUSiONS AND CONDiTIONS OF SUCH POLICIES,UiArrs SHOWI14 MAY HAVE BEEN REEWCED BY PAM CLAIMS,
CIE 42a�.�POL�ICYNUMBER I y
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A GENERA�.,LM,WLMY JGOSX000501�0jr 02/27/1 02/27/15 EACH OCCURRENCE $ Jr000000
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Locatian 3808 Post Oak Boulevard, Euless, TX 76021
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Cxty of Fort Worth THE EXPIRATION DATE THEREOF, I&QTICE WILL BE DEI IVERED *6
ACCORDANCE WITH THE POLICY PROVISIONS,
1000 ThrQckziorton St 77 BOFUZUH)REPRESENTATIVE
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Fort worth, TX 761.02
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@1988-2010 ACORD CORPORATION, All rights reserved,
ACORD 25(201WOS) The ACORN name and logo are registered marks of ACORN
tcharles
38573471,
AGENCY CUSTOMER ID: Rockport Equity Partners
LOC#: various
ACOORV ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED
Arthur J. Gallagher Risk Mngmt. Services, Inc. Corridor Village Texas, LLC
C/o Rockport Equity
POLICY NUMBER 20 Avon Meadow Lane
CARRIER NAIL CODE Anon, CT 06011
EFFECTIVE DATE:
L-
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: FORM TITLE:
The general liability policy includes a blanket automatic additional insured provision that provides additional
insured status to the certificate holder only when there is a written contract between the named insured and the
certificate holder that requires such status per CG-2018 (11/85) .
30 Day Notice of Cancellation except 10 Day for Non Payment of premium.
Terrorism is included.
EXHIBIT B
ACORD 101 (2008101) CO 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD