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HomeMy WebLinkAboutContract 46652 CITY SECRETAA COhiTiRACT N®e 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 Westridge Street Partners 1, LLC hereinafter referred to as "Licensee", owner of the property located at (4800 Westridge Avenue) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (Lots 5RA-1 thru 5RA-5 and Lots 6R-1 thru 6R-8, Block 52 Ridglea Addition), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. or Volume and Page No. of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 15' foot wide Serer easement and 15' Water 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 gated entry landscape island and a gate for private homeowners which will be crossing (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 agree as follows: M _M AGREEMENT C m a 1. The City, in consideration of the payment by the Licensee of the fee set out below rn and covenants and agreements hereinafter contained, to be kept and performed by the N Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A for the purpose of having a gated entry vvith landscaped island that has a callbox (the OFFICIAL RECORD 2012 Easement Encroachment Agreement-Commercial CITY SECRETARY Page 1 of 9 FT. WORTH, TX "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or 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, 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. 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 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 2012 Easement Encroachment Agreement-Commercial Page 2 of 9 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, 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 2012 Easement Encroachment Agreement-Commercial Page 4 of 9 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 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 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 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 sum 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. 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. 2012 Easement Encroachment Agreement-Commercial Page 5 of 9 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 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. 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, 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 parties hereto, their successors and assigns. EXECUTED this 14—day of , 211► City Licensee: City of Fort Worth Westridge Street Partners 1, LLC By: By: Randle Harvaod Name: Larry Heppe Director Title: President Planning and Develoame OFFICIAL RECORD CITY SECRE' ARY ' O FT.WORM TX ATTEST: I $y Approved As To Form and Legality %-k C1\0 �)a_A A City Secreta Assistant City Attorney 2012 Easement Encroachment Agreement-Commercial Page 7 of 9 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned ority, t Jlic in and r e tate f Texas, on this day personally appeared 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 the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY D AND SEAL OF OFFICE this day of 20 CASSANDRA F. FOREMAN Notary public,State of Texas My CommissionExplreO April 4d6,. 2Q1 y N a Pu lic in and for the State of Texas 2012 Easement Encroachment Agreement-Commercial 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 Larry Heppe, President, 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 Westridge Street Partners 1, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 day of Pit I(It C , 2W4 . o.g:•A KATRINA RODEN t = Notory Public,State of Texas .. = My Commission Expires ;„°,� January 27, 2018 Notary Public in and for the State of Texas 2012 Easement Encroachment Agreement-Commercial Page 9 of 9 z LU auj � IILLA UJ LU z Ln uj LU Ln LUU CC < ° 0 cr Ln .0 E u -J W I az Ln LLJ CL, LU LU cr V) Ln F- Z LLI LLI Cl) Cwl) W 0 Cl) a. 0 W a. LU UA 15 F- ca J= F- F- cr Z 0 w LL —U.V LU 3: 0 w 1 0 >cr LL cul) w < C) U) U) w Co bo 3ffi3S ,bO L 00 Qjw( � Zcn LLJ Z U) Uj C*4 0 U) U) W Li <L) 0 V) mc J I I uj Z 2 uj luni uj < UJ L U, 0 U, 0 LU cr LLJ w < cf) 0 ui LLI 0 0- W W 15 LL, < x c t co oc Z < LL Z Z 0 jj75 LU00 —J C LL U) W 11 1 QI W > o > LL. U w 1 � 00 CL o (D-J F-< wo\ 00 \�Q, J= } s L0 w z ui F- z U) iy (33SOdo8d 3NII -0 T �_o III . 0 LLJ < 0 V) Client#:99890 18WESTRSTR ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE /DD/YYYY) 9/05!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(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: _ Wortham Insurance&Risk Mgmt. PHONE 817 336-3030 FAX 817-336-8257 1600 West Seventh Street E-MAIL Fort Ext: AIC,No Fort Worth,TX 76102-2505 ADDRESS: 817 336-3030 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Central Mutual Insurance Compan 20230 INSURED INSURER B: Westridge Street Partners I, LLC INSURER C: 5201 Camp Bowie Blvd. INSURER D: Fort Worth,TX 76116 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 CONTRACTOR 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY CLP9657648 8/25/2014 08/25/2015 EEACH�OECCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES E.occurrence $300 000 CLAIMS-MADE 51OCCUR MED EXP(Any one person) s5,000 PERSONAL RADV INJURY $2,000000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY PE a LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraocident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- Qr AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Exhibit B Texas General Liability Plus Endorsement 81932 09/13 CERTIFICATE HOLDER CANCELLATION ANYCity of Fort Worth THE SHOULD EXPIRATTIIONH DATE VEHEREOF,E NOTICEIEWILL CBE CDELIVERED NE Planning and Development Department ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S485762/M485761 18KMA