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HomeMy WebLinkAboutContract 46121 CITY 8ECRETARY COWTRACT N0. ZAP 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 QuikTrip Corporation, an Oklahoma corporation("Licensee"), acting by and through its duly authorized Director of Real Estate, owner of the property located at the southeast corner of Granbury Road and Belden Avenue,Fort Worth, TX 76133 (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, the City has a 15 foot wide sanitary sewer easement, 15 foot wide water easement, a variable width storm sewer easement, and a 15 foot wide water and sanitary sewer easement (the "Easement", whether one or more) in the Property as described or depicted in Exhibit "A" attached to this Agreement 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,the City will allow the Encroachment under the terms and conditions set forth in this Agreement to accommodate the needs of the Licensee. NOW, THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. 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 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 M M retaining wall, air hydrant, bollards, landscaping, screening wall, building canopy, light o poles, conduits, irrigation, curb, tables, chairs and private sanitary sewer for 0 uikTrip 4954 (the "Encroachment", whether one or more) as descr' _ ® Lion CITY SECRET RY 2014 Easement Encroachment Agreement-Commercial a e 1 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue FT.woRTH,TX shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the 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, Ordinance and Codes and in accordance with the directions of either the Director of the Transportation and Public Works Department or the Director of the 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, as determined in City's 2014 Easement Encroachment Agreement-Commercial Page 2 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue reasonable discretion, 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$325.00 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. 5. 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 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 determine 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, 2014 Easement Encroachment Agreement-Commercial Page 3 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue 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. 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 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. 8. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance narning 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 2014 Easement Encroachment Agreement-Commercial Page 4 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue 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 Grantee of such requirement. Such insurance policy shall 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 the 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, Texas. 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 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. 2014 Easement Encroachment Agreement-Commercial Page 5 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue 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 permission before occupying such property. 14. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by City for the enforcement of the obligations of Licensee. 15. The parties agree that the duties and obligation contained in 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 contract without the written approval of City, and any 2014 Easement Encroachment Agreement-Commercial Page 6 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue attempted assignment without such written approval should 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. 18. This agreement shall be binding upon the parties hereto,their successors and assigns. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 2014 Easement Encroachment Agreement-Commercial Page 7 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. City Licensee: City of Fort Worth QuikTrip Corporation an Oklahoma corporation By: � By: Randle H d Jos h Faust Director erector of Real Estate Planning and Development ATTEST: Approved As To Form and Legality 1 City Secre °°°°° Assistant tC Attorney ° ° [ACKNOWL APPEAR ON THE FOLLOWING PAGE] OFFICIAL RECORD - CITY SECRET, 4 FT. WORTH,TY 2014 Easement Encroachment Agreement-Commercial QuikTrip Corporation—SEC Granbury Road&Belden Avenue NO M+&C REQUIRED STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on"Y `yyp—'W ?.Y �o , 2014 by Randall Harwood,Director of the Planning and Development Department of the City of Fort Worth, on behalf of the City of Fort Worth. MARYBEL PINA r Y � Notary Public,state of texas Notary u i in and for the State of Texas My comml®slon Expires September 10, 2018 [STATE OF TEXAS § ,COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the state of Texa�, on this day personally appeared Joseph S. Faust,Direct of Real Estate,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed ofd`QuikTrip Corporation, an Oklahoma corporation, and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this All day of ,2014. EE -nNA LEE OALOWELL MY COMMISSION EXPIRES July 1g,201.5 Nota y Public in and for the ate of Texas 2014 Easement Encroachment Agreement-Commercial Page 9 of 10 QuikTrip Corporation—SEC Cranbury Road&Belden Avenue LEGAL DESCRIPTION OF THE PROPERTY BEING a tract of land located in the City of Fort Worth, Tarrant County, Texas, part of the W. J. Morgan Survey, Abstract No. 1092, being part of Block A, Westcliff, an addition to the City of Fort Worth according to the plat thereof as recorded in Volume 388-41, Page 34, Plat Records, Tarrant County, Texas, being part of that 12.54 acre tract of land described in deed to Fort Worth Land, L.L.C. (now known as Chesapeake Land Development Company, L.L.C.) by deed recorded in County Clerk's File No. D208126795, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the west corner of said Block A, being the northwest corner of Lot E1, BEGINNING at the west corner of said Block A, being the northwest corner of Lot E1, Block 19, Wedgewood Addition, an addition to the City of Fort Worth as recorded in Volume 388-138, Page 93, Plat Records, Tarrant County, Texas, and being in the southeasterly right-of-way line of Granbury Road(122' R.O.W at this point); THENCE, along the northwest line of said Block A and the southeast line of Granbury Road, North 45 degrees 30 minutes 00 seconds East, a distance of 417.00 feet to an "X" in concrete set; THENCE, departing said southeast right-of-way line, over and across said Block A as follows: South 44 degrees 30 minutes 00 seconds East, a distance of 275.00 feet to an "X" in concrete set; South 02 degrees 12 minutes 05 seconds East, a distance of 77.29 feet to an "X" in concrete set, being in the south line of said Block A and the north line of Tract E, Block 19, Wedgewood Addition, as recorded in Volume 388-138, Page 93 Plat Records, Tarrant County, Texas; THENCE, along the south line of said Block A, and the north line of said Block 19, South 87 degrees 48 minutes 16 seconds West, a distance of 493.51 feet to the POINT OF BEGINNING and containing 76,408 square feet or 1.7541 acres of land, more or less. 2014 Easement Encroachment Agreement-Commercial Page 10 of 10 QuikTrip Corporation—SEC Granbury Road&Belden Avenue t N N m DN � N 1 m 0 m O m - o #� o ! / ` Z C) mD mz ` - M; F� 01 1 N I m t\� A j �♦,` m A m 2 f oZ E n y a m m t� \ 1 _ t tiT 1 H�� _ Z fy N z /' m o O - O OM I S n W D C W ww I m mm � cn /i 1 mN o N o /f„\ m r mx z v m F m< 00 � D z, 11 A +� X y ' / i t rOn - r mm z o o m9N m A x � -f q GLENN 3fr: 'i4�'.yr•,'�, s x? Eg QuikTrip No. 0954 ENGINEERING GRANBURY ROAD&BELDEN AVENUE • s g,', '�: �_ $6 FORT WORTH,TX �c.,rru.KwM1V.�x.w Eti ORIGINAL ISSUE DATE:12/17/13 E ( AuEi Er.YV CEii YEE G<'vyn ' 3 ( q z - r will = D qjlt'l m Y�r ° m D y .. � m ° • S u c ` z > t • ° _ ppp F n rn R >> r c -o p� a at�ae vruv,2 - C � j hhD��Cry G e� xx Opp A F C C m�a �y x428 hi w`P Eo � 7RB Z F >M a $Y g�£ N c ~° 1 � -Oa 4'C Al cn m a fl F= aP a C-) - _ i C/) e� wl CD a°9a° €mm is Z F - S`� FP�P =g gR — Atv wre oESa,vr:«, � o svo � ta se: °¢ QuikTrip No. 0954 GLENN $E a€: d4 F'•" f f �m N 3 z &fig is'zAB� tENGINEERING ms 57= d $ g y GRANBURF ROAD WORTH,T N AVENUE arwnav FORT WORTH.TX "..� ORIGINAL ISSUE DATE:12/17/13 �..� EXHIBIT "B" QUIKCOR-01 VARGHESEAN AFRO°' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD1YYYY)9/16/2014 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(ies)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 NAME: certificates @willis.com Willis of Texas,Inc. PHONE (877)945-7378 AIC,No): (888)467-2378 c/o 26 Century Blvd A/c No Ext E-MAIL P.O. Box 305191 ADDRESS: Nashville,TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B: QuikTrip Corporation INSURER C: P O Box 3475 INSURER D: Tulsa,OK 74134 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR D WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,000 — AMAGE—TO CLAIMS-MADE ❑ OCCUR MWZY 300761 03/01/2014 03/0112015 p REMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: SIR $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accident A X ANY AUTO MWTB 300760 03/01/2014 03/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A ',.. (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:QT#954,SEC Granbury Rd&Belden Ave.,Ft.Worth,TX-76133. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Fort Worth AUTHORIZED REPRESENTATIVE Fort Worth City Hall, 1000 Throckmorton St., Fort Worth TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD EXHIBIT "B" IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies the notice of cancellation of insurance provided hereunder by adding the following: A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail,electronic mail,facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation date, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. PIL 02910 10 MWZY 300761 Quikrrip Corporation 0310112014-0310112095