Loading...
HomeMy WebLinkAboutContract 48097 CITY SECKTARY AHD' H Nu EASEMENT ENCROACHMENT LICENSE AGREEMENT cl-1y o FO R W RYTH 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 Harmony Realty,a Limited Liability Company ("Licensee"), acting by and through its duly authorized Corrie Watson, Owner, owner of the real property located at 1201 West Magnolia Avenue,Suite 115,Fort Worth, Texas 76104("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 utility 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 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 City's Easement for the purpose of building a patio for the customers of Melt Ice Creams (the "Encroachment") as described in and at the location 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 C1 -On shall not expand or otherwise cause the Encroachment to further infringe in or on City's yn Easement beyond what is specifically described in the Exhibit(s) attached hereto. 0 n > Notwithstanding any provision in this agreement to the contrary, the City makes no representations, warranties, or guarantees on behalf of any other entity with an interest in M m O the Easement. O v 2015 Easement Encroachment Agreement-Commercial Page 1 of 11 Harmony Realty-120 W.Magnolia Ave,Suite 115 Rev.02/2015 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. 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 with 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 as described herein, 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 governing body of City may 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, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas 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 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 11 Harmony Realty-120 W.Magnolia Ave,Suite 115 Rev.02/2015 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. 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. 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 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. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City 2015 Easement Encroachment Agreement-Commercial Page 5 of 11 Harmony Realty-120 W.Magnolia Ave,Suite 115 Rev. 02/2015 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 W TH Harmony Realty LLC By. By andle Ha ood Name: Corrie tson Director Title: Owner Planning and Development Date: S , 201(16 ST: Approved As To Form and Legality f f. City Secretary Assistant City Attorney ��O,UnU OFFICIAL RECORD CITY SECRETARY '. WCI�TIf, TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Harmony Realty-120 W.Magnolia Ave,Suite 115 Rev.02/2015 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 Corrie Watson, Owner, 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 Harmony Realty, an LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of IGjI� , 20 (� . ........... CAREN L SNEED * Notary Public,State of Texas My Commission Exp.10/11/2016 Notary Public in and for the State of Texas 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Harmony Realty-120 W.Magnolia Ave,Suite 115 Rev.02/2015 MAGNOLIA AVE. 3 1 PATIO H z w v z w i ff I POTEflT'IAL�PRKIN . 87� I 1201 Magnolia T- Tife—Plan Scale: 1/16"= V-0" C 07.19.16 0 I I I 2 GCTO COORDINATE CHAII®OARD I INSTALLATION WITH OWNERIBUILDING GC BEFORE FENCE INSTALL we I I C/) g ,, g CL (D c� 41 0 UI= "- d LLI Q CJ C` 0 LLJ � ui C0 w CD � Lu Ex►'61 + 6 M/DD/YYYY) DATE(M A6° CERTIFICATE OF LIABILITY INSURANCE 7/26/2016 DATE(M 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: Tina LaValle Higginbotham Insurance Agency, Inc. PHONE 210-979-7470 FAX e.210-979-7474 1826 North Loop 1604 W Suite 375 E-MAIL tlavalle hi Inbotham.net San Antonio TX 78248 y@ gg INSURERS AFFORDING COVERAGE NAIC# INSURERA:James River Insurance Company 12203 INSURED FRANK93 INSURER B: Churchill Properties, LLC INSURER C: Harmony Realty, LLC 1304 S Henderson INSURER D Fort Worth TX 76104 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1334150911 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 POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y 000697560 1/1/2016 1/1/2017 EACH OCCURRENCE $1,000,000 DAMAGE To CLAIMS-MADE FX OCCUR PREM SES Ea occurrence)i $50,000 ME EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑PRO- LOC PRODUCTS-COMP/OP AGG $Excluded JECT OTHER: $ AUTOMOBILE LIABILITY CO BINED SINGLE LIMIT $ a accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $AUTOS HIREDAUTOS AUTOS eracc,dent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OH AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 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) Certificate holder is listed as Additional Insured. Insured Location: 1304 S. Henderson-1201 West Magnolia Ave Suite 115, Fort Worth,TX 76104 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ft. Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton St. ACCORDANCE WITH THE POLICY PROVISIONS. Ft.Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD