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HomeMy WebLinkAboutContract 52840 C, R E yEiVEb UTY SE(7PUARY CWTKA' k). SEP 2 6 2019 MY OFFORTWORTH EASEMENT ENCROACHMENT LICENSE AGREEMENT CfTY SECRETARY 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, Assistant City Manager, or Planning and Development Director, and ROLI HOLDINGS, LP, a limited partnership ("Licensee"), owner of the real property located at Sonoma Creek Lane at Harmon Road, Fort Worth, Texas 76177("Property"), acting by and through its duly authorized Manager. 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, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a water and sanitary sewer easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; 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: AGREEMENT 1. The 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 in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing a 42" storm line crossing and a 6" and 1.5" water line crossing (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within 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. OFFICIAL RECORD Easement Encroachment Agreement-Commercial CITY SWRETARY F t1,'tX 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, 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, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. 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, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 the 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 their duly authorized representative. 4. Licensee agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty(30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. 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 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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 ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. 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 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 thirty (30) days prior written notice to the Building Official of the City. 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 the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and 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 Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 11. 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. 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. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 the 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 in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's 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. 19. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY OF F RT W TH ROLI HOLDINGS, LP By: By: Randle H ood, Director Name: Planning& Deve pme Title: Date: Date: By: Name: Title: Date: ATTEST: Approved As To Form and Legality City Secreta �, Trey Qualls Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of is co act, i uding en uring all performance an po 'ng requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITE'SECRETARY Ff. WORTH,TX Easement Encroachment Agreement-Commercial Revised 12/2018 ' • 1 ' 1 1 ' 1 ' 1 1 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 Randle Harwood, 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 of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thus day of , 20 � . Notary Publ' n land for e State of Texas JENNIFER LOUISE EZERNACK Notary Public,State of Texas �Q? Comm.Expires03-01-2020 After recording return to: i'oF �';;i����° Notary ID 130561630 Planning&Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD, CITY SECRETARY FT WORTH,TX Easement Encroachment Agreement-Commercial Page o Revised 12/2018 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of g , on this day personally appeared (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of ROLI HOLDINGS, LP, a limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 201a SARAH MACHEMEHL .`tiP US Notary Public, State of Texas •4 Comm. Expires 02-22-2023 ary Public in and for the Notary l0 131904750 State of eX OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 9 of 12 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Exhibit A 0 50 GRAPHIC SCALE 1"=50' =0-- \ o \ \ \ \ 40'ew sanitary \ Ser Esmt. niN b d \\ \ EASEUENT PER PLP U w K Lot 1 R.3 \ iao-TSAR—Oo PER C.L.O.M.R. Block A \\\ P-09-089-CL z o The Presidio \ \ Cab. A, SL 12804-12806 \\\ \\ 0 P.R.T.C.T. \ \ \ I 15' Private Drainage Esmt. Pro 18" RCP \\ \\\\ MT. ` SEWER T. \ \ L — .. Prop. 6" Fire WL (PER,ER PLAT) i \ Prop. 1 1/2' Dom. WL l I 14' Private 2-15" Steel l Drainage Esmt. Encosement Pipes �L - - - - Q''. - - - - - - - - - - /i /Intersection \\\\\ ..Prop. SD 42" RCP // Point \1 \ Ex-8"SS Ex-8"S � — — - - - - —Lin 15' Wacer e Esmt.\ W 1\f Cab. A, SL 12804-128C6S �53\15 Encroachment — — _ — — _ — — 5' Sanitary Area NO. 1 ff — Sewer, Esmc.— X 88.54'03" I 258.08' 1 A=11.30'4 r" ��r-! 1 s=zas. T t=szz6' 0--0 � C,E_57 Sonoma Creek Lane - Being a paint in the Wail—Mccow2n Survey,Abstract No.999,situated in the City 1 of Fart Worth.Tarrant County.Texas and being located in Lot IR3,Block A of The Presidio Lots 1R1-1R3.Black A.a subdi—on of retard in Document No. D218229126 of the Plat Rerards of Tarrant County,Texas. INTERSECTION POINT-. Being the intersection of the cer tedine of a 15'Sewer Easement of record in said The Presidia Lots 1 Rt-1R3,Block A Subdivision and the oentehine of a Proposed Water Easement having a coordinate of N:701286C,E. 2327912,from which an"X'cut found in tee North line of Lot 7R2,Bloek A of Lots 7R1-7R13.Block A.The Presidia,a subdivision of record,n Document No, 0218189692 of said Plat Records,Doing a Southerly corner of Lot IRi of said The Presidio Lots 1 R1-1 R3,Block A Suodivis—,also comer of the Southeast com of said Lot 1 R3 bears S 42'10'33'E,a distance of 95.34 feet and ham which an W cut found in the North line of Lot 7 Ri,Block A of Lots 7Ri-7R13,Block A.The Presidio. a subdivision of record in Document No.02181 89692 of said Rat Records,being INSoutherly corner of Lot 1RI of said The Presidia Lots 1R1-1 R3,Black A Subdivision, also a."the Southwest corner of said Lot 1R3 bears S 75'31'16'W.a distance of 257.09 feet ENCROACHMENT EXHIBIT CALIBER COLLISION f IARMON 18023,03/21/2019 PAGE 1 OF 2 CROSS CONSULTAN'I'S,Inc. Exhibit A Prop. Grade 695 pipe, 695 ................................................... .._.._.. ....................................................... __...._..._..1_5_...LF..._.......................... 690 690 �..........._............ . _......................Prop........lAt4.-..._........._._. 1 1/2" & 6" _......................................_......................_...._.. ................................................... 685 685 _....................................... .....:... Ex. 8" San. Sewer 16801 680 Encroachment Area 1 Scale: ENCROACHMENT EXHIBIT CALIBER COLLISION HARTNION 18023,03/21/2019 PAGE 2 OF 2 CROSS OST S Inc. EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 Exhibit C a � 0 50 GRAPHIC SCALE 1' =50' =0= \ \ \\ a0' Sanitary Sewer Esmt: A EASENENT PER aLA Lot 1 R3 \ ,bb-YEAR rLaab h PER C.L.O.M.. C Block A \\\ FP-09-066 R-CLM z o The Presidio \ Cab. A, SL. 12804-12806CL \\\\\\ F.R.T.C.T. \ \ \ a 15' Private ` Drainage Esmt. %\ t.P \ 0' — I -- Pro 8" RCP \ \\\ L — Pro 6" Fire WL rs SEWER LINE ESGT \ \ \ p. Prop. 1 1/2" Dom. WL 14 Privote 2-15" Steel \\ I Drainage Esmt. Encasement Pipes - - - - - - - - - - / / Intersection \\\\\ \ Pro SD 42" RCP // Point \ \ Ex-8"SS Ex-8"S // s� L03 \� — - - - - - - - - 3� W L5�p9 � — '5' Water Line =smt. �a Encroachment \a Cab. A, SL 12804-128065 5 15' Sanitar ek f7 y Area No. 1 — J �? - - - - - - - - - - Sewer Esmt.- - — F '— x— — —12" 9s T � - _ - _ -- _ - _ - - - _ _ _ _ _ - N 89-54'03"I 256.08' 1 R=265.do L=57.26' C1, =N84'02'27"I I CL=57.16' Sonoma Creek Lane Being a point in the Wiliam McCowen Survey,Abstract No.999,aituated in the CEh, 1 of Fart Worth.Tarant County.Texas and being located in Lot iR3,Block A of The Presidfo Lots 1 RI-i R3,Book A.a subdivision of record in Document No, 1 0218229126 of the Plat Records of Tarrant County,Texas. INTERSECTION POINT:Being the intersection of the centerline of a 15'Sewer Easement of record in said The Presidia Lots 1R1-1R3,Blocs A Subdivrien and the m tedine of a Pmposed Water Easement hanng a inordinate of N:7012866,E: 2127912,Rom which an W at found in t+e North line of Lot 7R2,Block A of Lots 7Ri-7R13,Stock A.The Presidia,a wbdivismn of record;n Document No. 0218189692 of said Plat Records,being a South"corner at Lot 1R1 of said The Prasidio Lots 1R1-1 R3,Black A Sucdivision,also being the Southeast corner of said Lot 1 R3 bears S 4241(733'E.a distance of 95.34 feet,and from when an"X'mt found in the With line of Lot 7R1,Black A of Lots 7R1-7R13,Block A,The Presidia. a being wocivision of record in Document No.D218189692 of sad Plat Records, a Southerly comer of Lot 1 Rt of said Tha Prasidio Lots 1R1-1 R3.Back A Subdivision. also being the Southwest comer of said Lot 1R3 bears S 75131141 a distance of 25T00 feet ENCROACHMENT EXHIBIT CAL1BF,R COLUS10N F-1AR-N/lON 18023,03/21/2019 PAGF 1 OF 2 CROSS OS� G Inc.