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HomeMy WebLinkAboutContract 45690 Crry SECRETAN 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, its duly designated Assistant City Manager or Planning and Development Director, and RJ FT. WORTH I, LLC, an Idaho limited partnership ("Licensee"), acting by and through its duly authorized Manager, owner of the real property located at 2301 Heritage Trace Parkway, Fort Worth, TX 76177 (the "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, City has a 30 foot wide drainage 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 Licensee. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and the M 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 M c Easement for the purpose of constructing, maintaining, modifying and replacing a sign M (whether one or more, the "Encroachment") as described in and at the location shown on c ra Exhibit "A" but only to the extent shown thereon. Upon completion of the ° Encroachment, Licensee agrees to be responsible for maintaining g p g the Encroachment 0 within and above the Easement. Licensee shall not ex p a d­(,yr.,,.othe-wtS.e-' =.m„ the 2014 Easement Encroachment Agreement-Commercial of 9 RJ Ft. Worth 1,LLC-2301 Heritage Trace Parkway 4 014 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 be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the direction of either 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 appropriate 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 uses provided for in this Agreement, Licensee shall pay to City an amount equal to such additional cost as reasonably determined by either 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$275.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and uses provided for by this Agreement. Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area. 5. 2014 Easement Encroachment Agreement-Commercial Page 2 of 9 RJ Ft. Worth I, LLC-2301 Heritage Trace Parkway Rev. 04/2014 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 after notice and opportunity to cure as described herein.. 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, 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 within 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 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 City's governing body at any time during the term hereof determines 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 sewage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, 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 2014 Easement Encroachment Agreement-Commercial Page 3 of 9 RJ Ft. Worth I,LLC-2301 Heritage Trace Parkway Rev. 0412014 ALL ACTS OR OMISSIONS OF LICENSEE, 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". 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". 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. 2014 Easement Encroachment Agreement-Commercial Page 4 of 9 RJ Ft. Worth I,LLC-2301 Heritage Trace Parkway Rev.04/2014 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. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of the obligations of the Licensee. 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. 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. 2014 Easement Encroachment Agreement-Commercial Page 5 of 9 RJ Ft.Worth I,LLC-2301 Heritage Trace Parkway Rev. 04/2014 18. This Agreement shall be binding upon the parties hereto, their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 Easement Encroachment Agreement-Commercial Page 6 of 9 RJ Ft. Worth 1,LLC-2301 Heritage Trace Parkway Rev.04/2014 EXECUTED this ay o �A City Licensee- CITY OF FORT WORTH RJ FT. WORTH 1,LLC, an Idaho limited company y® BYC.......... Handle Harwood, irector Marne: Planning and Development Department Title: F 0/? Attest: roved As To Form and Legality % 40 City Sec arj istant City Attorney. STATE OF TEXAS COUNTY OF TAR RANT 20lqis instru ent rwas acknowledged before me 0 ,T by, arTdW, T-1'1arwood, Director of the Planning and" evelopment Department of the City of Fort Worth, on behalf the City of Fo o h. Q ............. BPoRMG CASSANDRA F FOREMAN N ary Public, State of Texas ................ .......... 01 RCIAI uu RECORD CITY SECI ETAIIty 2014 Easement Encroachment Agreemerit-Commercial rT. wo 1 V 9 Ri Ft.Worth I,LLC-2301 Heritage Trace Parkway ev. 41 4 1 �........ ...!M STATE OF COUNTY OF .BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared �1'l ll (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 RJ FT. WORTH I,LLC, an Idaho limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 Z � tr Notary Public, State f OwwWm 17, )1 State of Utah 2014 Easement Encroachment Agreement-Commercial Page 8 of 9 RJ Ft. Worth I,LLC-2301 Heritage Trace Parkway Rev.04/2014 LEGAL DESCRIPTION OF THE PROPERTY Lot 1, Block 1, I.L. TEXAS ADDITION, an addition to the City of Fort Worth, Tarrant County Texas as recorded in County Clerk's Document No. D214060708 of the Real Property Records, Tarrant County, Texas 2014 Easement Encroachment Agreement-Commercial Page 9 of 9 RJ Ft.Worth 1,LLC-2301 Heritage Trace Parkway Rev. 04/2014 mom, UGE UGE _.. , / E r PROPOSED 8' 30' DRAINAGE & MONUMENT SIGN UTILITY EASEMENT � CC,fD 199284686 10' I' + EXISTING .... WA TER LINE A/ W I . 151 _ _ _ ,... EXISTING �Y . GAS LINEv 1 _ iI . ...... .... R.O.W- DEDI F113ER OPTIC Y PLAT #D214 708 HERITAGE TRUCE PARKWAY DA 05.22.1 -1�1.PROJECT 2719®00--02 �, myomWe�nximis i assmiates DRAWN B Y D,COOPER MOMUMEXT 1_z CHECKED BY J rUI41PTER ENCROACHMENT AGREEMENT ZOO a a.1 cavern 0uiingto", texas 76010 EXHIBIT A 919-469-1691 SHEET N®: 1 OF 1 190=209 laaa 917-274 8757 „a ., malatigw,gq- cry a . � ue !S ias W 'o caa R ILI Z u„ Z Z uD <Z t~ � L eo � aa_ iu ® ,M, O IS � � -, V, IOZ Loa Q tJ0 � Zua y < Q°- 0w p...° ' 0 .do� � � � � u _j Q Z eK � w 0 Ln yea Lim O z z 0 25 0 6, Li C� � g in 00 � 0 >_ � LZ �� > Q � � � � "� � � y Z p--a, C] u < en� � v� u. °t au.. � �.... �0, 17 nag In F, ;_ x k ®O LU � ck w ac ®�0 6a Lu 6 ry ap! 0 w tA ex ' oc V lz i - ® vi t U a� vv z ' x � �n N g W u'a . I- J d N .b o v T U Ij X68 II z r r h II lit i ps uwd �� ...................................... ........... ....... ........... ..... .................... ARAUBMIJU ............ " 5 4 VVY lE T., CERTIFICATE F LIABILITY INSURANCE ®ATE(MM°°°""Y") 5/19/2.014 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 lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services,Inc. PHONE _....... ......... __._.... FAX 1301 Dove St Ste 200 A EMAIL . r-_271 ....... ac N ....._.........__. .. .......--.................._ Newport Beach CA 92660 ADDRESS:_,,,__ ..............._._.........__._INSURERS AFFORDING COVERAGE NAIL A _�_�_ _.-.._ iNSURERA: tt7ar�Americn Ir(SUrance omD INSURED _.__._ _...�......._ RJFTWOR-01 INSURER B: RJ Ft Worth I LLC INSURER C 855 Broad Street,Ste 300 _ __ __....---......�_._...___,._--- _._.—______.....�_.__ _ _._—._._..............-----..._...� INSURER D Boise ID 83702 --..__.......—_..._---___...._---........._ ...____........� INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1496141311 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 NTH 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. IN$R TYPE OF INSURANCE POLICY EFF POLICY EXP LTR IN R WVD POLICY NUMBER MMlDDIYYYY MMlDD/11YVY LIMITS A GENERAL LIABILITY HA137420 /18/2014 1812015 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY ® PREMISES Ea .. _ CLAIMS-MADE OCCUR MED EXP(Any one person) $ X OCP Lkabildy PERSONAL&ADV INJURY $ GENERALAGGREGATE $2.000,000 GEN'L AGGREGATE LIMIT APPL.IESPER! PRODUCTS-COMPIOPAGG $ POUCy X PRO- LOC Deductible per O $5,000 jFrT AUTOMOBILE LIABILITY COM ffE ANY AUTO BODILY INJURY(Per person) $ _ ....._ . . __....._...._...._.....................__ ALL OWNED SCHEDULED BODILY AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY AMA E $ . HIREDAUTOS AUTOS Peraceident) ....._..._. ....................__............_._...........-- $ UMBRELLA LIAR CUR EACII OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OT`Fi- AND EMPLOYERS'LIABILITY ,e,l N L4.R.V.- -__ ._....:..:_......-----..__.........___._ ANY PROPRIETORIPARTNERIEXECU FIVE 0 NIA E.L.EAglt®CDEN�OFFICERIMEMBER EXCLUDED? C __ . ..._....__ A _n..... .,.,............._......—,_.._.._.. (Mandatory In NH) E.L.DISEASE:-EA EMPLOYE $ If yos,describe under _..._ _. .�._.,.-_..,__... _.. ..........____...-v_......�......_ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) This certificate replaces all previously issued certificates. Evidence of insurance with respect to 2301 Heritage Trace Parkway„ Fort Worth,TX 76177 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 ACCORDANCE WITH THE POLICY PROVISIONS. Department of Development 1000 Th rockmorton Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of!JE' I I�-,