HomeMy WebLinkAboutContract 53251 /-r 345g�,
CITY SECRETARY
n o CON' "FACT NO.
r 01 r: EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
s
81gg
_ 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 5651 Mark IV, LLC, a limited liability
company ("Licensee"), owner of the real property located at 5651 Mark IV Parkway,
Fort Worth, Texas 76131 ("Property"), acting by and through its duly authorized
general partner.
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 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 24"
storm drain (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 exhib de_
hereto. !
Easement Encroachment Agreement-Commercial --Page-1 40,r 12-=
Revised 12/2018
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
restore the Easement, Licensee hereby gives the City permission to remove the
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 12/2018
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.
S.
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
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 1212018
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF Oil 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 FORT WORTH 5651 MARK IV, LLC
a Texas limited liability company
By: 179D GP, LLC
a Texas limited liability company
Its: Manager
By: By:
R ndle Har od, Director Name: William Stonaker
Planning & Deve opme Title: Manager
Date: Date: 1 1 r 1 G
ATTEST: Approved As To Form and Legality
.T � �
City sell, .r' '" �Matthew A. Murray
Assistant City Attorney
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 repo Ling requirements.
Janie S. Morales
Development Manager
rC17Y
AL RECG7!",:'ECRETARY
ORTH,TY
Easement Encroachment Agreement-Commercial Page 7 of 12
Revised 12/2018
1 I
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 Fart Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_LZ day of
bt&i iA�&, 20'4 11 VAL-7
N t ry Publ' n and MI-he State of Texas
JENNIFER LOUISE EZERNACK
?r°' ,A-... Notary public,State of Texas
,s�` y� �= Comm,Expires 03.01-2020
,•..,,
Notary ID 730661630
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
0ri,r, l Pi1\il' 11�F.(r;0)RIQ)
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 121201 S
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared William Stonaker, Manager of 179D GP,
LLC, a Texas limited liability company, the general partner of 5651 Mark IV, LLC, a
Texas limited liability company, 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 5651 Mark 1V,
LLC, a Texas limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /�/day of
20
LEIGHANN UNDERWOOD
Not Public in and for the w:` ?m MY Notary ID#10787689
s;r• f�,;;�� Expires April 30,2021
State of
OFFMIAL RECORD
UG r li SE:'G��
FY W01 TK1Q 'u'
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
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page I I of 12
Revised 1212018
EXHIBIT C
Metes and Bounds Regal Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 1212018
Exhibit C
TRACT 1
Being all that certain parcel of land being situated in the David Odum Survey, Abstract Number 1184,Tarrant County,
Texas, and being a part of Lot 3R2, Block 1, PRIME CENTRE BUSINESS PARK, an Addition to the City of Fort Worth,
Tarrant County, Texas according to the Plat thereof recorded in Clerk's Fife No. D216024780, Plat Records of Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a capped iron rod found at the Southeast corner of said Lot 3R2, in the West line of Mark IV Parkway;
THENCE North 00 degrees 34 minutes 48 seconds West, a distance of 256.22 feet to a point in the East line of said Lot
3R2 and said West line;
THENCE North 89 degrees 58 minutes 58 seconds West, departing said East line, a distance of 78.03 feet to the POINT
OF BEGINNING;
THENCE South 00 degrees 00 minutes 54 seconds West, a distance of 25.00 feet to a point for corner;
THENCE North 89 degrees 58 minutes 58 seconds West, a distance of 10.00 feet to a point for corner;
THENCE North 00 degrees 00 minutes 54 seconds East, a distance of 25.00 feet to a point for corner;
THENCE South 89 degrees 58 minutes 58 seconds East, a distance of 10.00 feet to the POINT OF BEGINNING and
containing 250 square feet of land, more or less.
TRACT Z
Being all that certain parcel of land being situated in the David Odum Survey, Abstract Number 1184,Tarrant County,
Texas, and being a part of Lot 3R2, Block 1, PRIME CENTRE BUSINESS PARK, an Addition to the City of Fort Worth,
Tarrant County, Texas according to the Plat thereof recorded in Clerk's File No. D216024780, Plat Records of Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a capped iron rod found at the Southeast corner of said Lot 3R2, in the West line of Mark IV Parkway;
THENCE North 00 degrees 34 minutes 48 seconds West, a distance of 256.22 feet to a point in the East line of said Lot
3R2, and said West line;
THENCE North 89 degrees 58 minutes 58 seconds West, departing said East line,a distance of 220.85 feet to the POINT
OF BEGINNING;
THENCE South 00 degrees 00 minutes 54 seconds West, a distance of 25.00 feet to a point for corner;
THENCE North 89 degrees 58 minutes 58 seconds West, a distance of 12.00 feet to a point for corner;
THENCE North 00 degrees 00 minutes 54 seconds East, a distance of 25.00 feet to a point for corner;
THENCE South 89 degrees 58 minutes 58 seconds East, a distance of 12.00 feet to the POINT OF BEGINNING and
containing 300 square feet of land, more or less.
1720 WESTMINSTER
DENTON, TX 76205
(940)382-3446
JOB NUMBER: 140655-10
DRAWN BY: MMF
DATE: 11-19-2019
SURVEYING R.P.L.S.
PAGE 1 OF 2
TX FIRM REGISTRATION f#10002100 KENNETH A.ZOLLINGER
N I
W E PRIME CENTRE BUSINESS PARK"
CCF# D216024780
Im
LOT 3R2 FIR/CAP
S TRACT 2 BLOCK 1 TRACTJ S
POB POB
10 io 3o AO 0 L8 6 L2
J J r! J
300 SQ.FT 250 SQ.FT I
L4
om SURVEY,
pAVB QRAGT�# 1184 I o X
ARRANT CpUNTY,TEXAS I 4 0
D
10`U.E.PER
CAB_A,SLIDE
4566 P.R.T.C.T �-
I
I �
r
LINE BEARING DISTANCE
L1 N 00°34`48"W 256.22'
q L2 N 89°58'58"W 78.03'
CIS 4 f L3 S 00'00'54"W 25.00'
L4 N 89°58'58"W 10.00'
(E OF TF L5 N 00`00'54"E 25.00'
L6 I S89°58'58"E 10.00' I I
L7 N 00'34'48"W 256.22'
KEN LLINGER L8 N 89°58'58"W 220.85'
'.a 5312 ,..� L9 S 00'00'54"W 25.00'
yyR°fieealQ`'�y0 L10 N 89°58'58"W 12.00'
SURv� L11 N 00°00'54"E 25.00'
L12 S 89'58'58"E 12.00, i
�� POC
FI C P
LEGEND LOT 3R1 I
Ar =POWER POLE
R.O.W. =RIGHT-OF-WRY I
U.E. =UTILITY EASEMENT
S.S.E. =SANITARY SEWER EASEMENT
FIR/CAP =FOUND IRON ROD W/CAPPED
POC =POINT OF COMMENCING 1720 WESTMINSTER
POB =POINT OF BEGINNING r@T DENTON, TX 76205
(940)382-3446
=CHAINLINK FENCE ,
WIRE FENCE JOB NUMBER: 140655-10
= DRAWN BY: MMF
=OVER-HEAD UTILITIES
E.v v DATE: 11-19-2019
A.. =CONCRETE SURVEYING R.P.L.S.
KENNETH A. ZOLLINGER
PAGE 2 OF 2 TX FIRM REGISTRATION#10002100