HomeMy WebLinkAboutContract 49919 CITY SECRETARY
CONTRACT NO.
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 RaceTrac Petroleum, Inc.
[full legal name], a Georgia Corporation("Licensee"), acting by and through its duly
authorized Vice President, owner of the real property located at 6495 Camp Bowie Blvd
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' Utility Easement 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 placement of permanent monument sign structure (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
shall not expand or otherwise cause the Encroachment to further infringe in or on City's
Easement beyond what is specifically described in the Exhibit(s) attached hereto. ;9
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2.
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RaceTrac Petroleum,Inc. FT.WORTH,TX Rev. 02/2015 IQ�
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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
directions of 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 applicable 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 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, 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 encroachments and uses provided for by this Agreement.
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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
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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
$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" and incorporated herein for all purposes. 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.
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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 if the
City is the prevailing party.
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
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Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within 60 days of such foreclosure or assignment and
assumes all of Licensees' rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of Licensee shall be
effective as to City unless and until written notice of such foreclosure or assignment is
provided to City.
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 FOLLOWING PAGE]
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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 FORTRTH RaceTrac Petroleum,Inc.a Georgia Corporation
7
By: By: �
Randle Ha od Name: Brian Thornton
Director Title: Vice President of Real Estate of Engneerine
Planning and Devel pment
Date: 29—q
ST: O� FART roved As To Form and Legality
City Secretary ant City Attorney
')%;:LXAS
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Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and re orting requirements.
Le S. Morales
Development Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 0 Uy, , 201
by Randle Harwood, Director of the Planning and Development Department of the City
of Fort Worth,on behalf the City of Fort Wo
''). Fan fl a 0
Not ublic, State of Texas
JENNIFER LOUISE EZERNACK
P i
Notary Public, State of Texas
Comm. Expires 03-01-2020
Notary ID 130561630
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
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STATE OF Cwt �- , §
COUNTY OF §
BEFOREIME, tn ; undersigned authority, a Notary Public in and for the State of
Gera
4'eT r , on this day personally appeared (�)ci
�iAid�6L eW GS (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 urposes and consideration therein expressed, as the act and deed of
c c-TraC , a and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ( FS�c` day of
20 l�
N C .,
71 /
EXPIRES
GEORGIA F = Notary Public in and for the
1 AUG 7,2020
State of Q
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LEGAL DESCRIPTION OF THE PROPERTY
BEING all of Lot A-R, Ridglea Lodge Addition, an Addition to the City of Fort Worth,
as recorded in Volume 388-57, Page 539, Plat Records, Tarrant County, Texas and being
the same tract conveyed to TARIQ ENTERPRISES,INC. recorded in Instrument No,
D201051394 (Volume 14767,Page 154) of the Deed Records of Tarrant County,Texas,
D.R.T.C.T., and also being a portion of Lot 4-B, Ridglea Lodge Addition, an addition to
the City of Fort Worth as recorded in Volume 388-48, Page 811,(P.R.T.C.T.), subject
tract being more particularly described by metes and bounds as follows:
BEGINNING at a"P.K."nail found for the westerly most corner of said Lot A-R, same
being the intersection of the southeasterly right-of-way line of Camp Bowie Boulevard (a
called variable width right-of-way) with the northeasterly right-of-way line of Clayton
Road(a called 60-foot right-of-way);
THENCE,North 63 degrees 06 minutes 49 seconds East, with the common said
southeasterly right of way line of Camp Bowie Boulevard and the northwesterly lines of
said Lot A-R,passing at a distance of 126.00 feet, a"PK"Nail found for the common
northerly most corner of said Lot A-R and the most northerly west corner of said Lot 4-B,
Ridglea Lodge Addition, and continuing along the northwesterly line of said Lot 4-B, in
all a total distance of 279.28 feet to a 1/2-inch iron rod with a yellow plastic cap stamped
"GEONAV"set for corner(hereinafter referred to as"with cap");
THENCE, South 26 degrees 53 minutes 40 seconds East, departing said northwesterly
line and over and across said Lot 4-B, a distance of 204.00 feet, to a 1/2-inch iron rod
with cap set for corner;
THENCE, South 63 degrees 06 minutes 49 seconds West, continuing over and across
said Lot 4-B, a distance of 279.19 feet to a 1/2-inch iron rod with cap set for corner on
said northeasterly right-of-way line of Clayton Road;
THENCE,North 26 degrees 55 minutes 1 I seconds West, with the common northeasterly
right of way line of Clayton Road and the southwesterly line of said Lot 4-B, passing at a
distance of 85.00 feet an"X"-Cut found for the most southerly corner of said Lot A-R
and most northerly west corner of said Lot 4-B, and continuing along said common
northeasterly right-of-way line and the northwesterly line of said Lot A-R, in all a total
distance of 204.00 feet to the POINT OF BEGINNING AND CONTAINING 56,964
square feet or 1.3078 acres of land,more or less.
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