HomeMy WebLinkAboutContract 53538 RECEIVED c ;v i-�;vT rV�., 53539
FEB 14 2020 EASEMENT ENCROACHMENT LICENSE AGREEMENT
CITY OF FORT WORTH Commercial
CITY SECRETARY
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 SEC CTR & McP, LP, a
Limited Partnership ("Licensee"), acting by and through its duly authorized signatory,
owner of the real property located at 5653 McPherson Blvd, Fort Worth, TX 76109
("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 Water 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 proposed Aerial encroachment over 15' wide Water
Easement for portion of 3 development sign appendages. Sign encroachment is 3'
wide. One sign is located approximately 15' above grade and 2 are located
approximately 17'6" above grade (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. "
OFFICIAL RECORD
CITY SECRETARY
Easement Encroachment Agreement-Commercial vidajV& ,TX
2.
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$500.00 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.
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 10/03/2018
5.
The term of this Agreement shall be for 35 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
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 10/03/2018
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.
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 10/03/2018
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
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 10/03/2018
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]
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 10/03/2018
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 WORTH SEC CTR & McP LP, LLC
a Texas limited partnership
By: SEC CTR& McP GP, LLC
m limited
liability
..
a 1 exas nmited liability company
its general partner
By: By:
Randle Harwood, Director Bri . Murphy
Development Services Department Authorized Signatory
Date: / Date: 2/ 1 0 /2 0 Z 0
a 1 .. .
ATTEST: ` s,Approved As To Form and Legality
Mary Kays r, City Seer Matt Murray, Asst. City Attorney
City Secretary's Office City Attorney's Office
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 requirements.
CtA V k... Janie S. Morales, Development Manager
Development Services Department
OFROAL
C1rV'S '��,ETARV
Easement Encroachment Agreement-Commercial Page 7 of 12
Revised 10/03/2018
FOR CITY OF FORTWORTH
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 D.J. Harrell,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 this i day of
�Up�Ju , 20
No ary Public in Ad for the State of Texas
Pp LAURIE PEQUENO LEWIS
SNotary Public,State of Texas
Comm.Expires 12-10-2023
Notary ID 132278952
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
r ,
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 1/2020
STATE OF_ §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Brian G. Murphy, authorized signatory of SEC
CTR & McP GP, LLC, a Texas limited liability company, the general partner of SEC
CTR & McP, LP, a Texas limited partnership 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
SEC CTR & McP LP, LLC, a limited liability company and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 44 day
of , 20_W
nn,
yV PVB�i AMELIA GREEN
* :Notary Public,State of Texas
v T` Comm. Expires 08-31-2021
�;,��.� Notary ID 129504231 Notary Public in and for the
State of
0MCIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Easement Encroachment Agreement-Commercial Page 9 of 12
Revised 10/03/2018
"EXHIBIT A"
Map of Encroachment and Easement
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 10/03/2018
CD�.;.-•�Q.x33��_�3wwns_
LL CD
z 2
Z
C) waWo:. L,w z
a = oJac
ujl Z
= ; O O Z OQ tea-7I
� Z V
W N
Ln
IN3W3SV3 ,S!
IV NDIS .—P
L FM
t
0
0 3
3NI7 Al d-3dodd �' ilio
co
. r�
d
C
N
Q
t
i
111
6MP'bOZO-OZ-7uaw43eonu3u6iSW.q!4x3 7uawiP—:)U3\Sllq!4x3\6u!Ma'OU!A!:)\100\6WT\OOBi00\OOSuorpnPoid\:9:H1tld3lId Wd EO:S:ltl OZOZ'60 AJWugaJ• 1:NO u—zg Puc=7S 0311Old
CD
• N
,;. ua x3Rl b3wwns_
- . - - _ _
w W Z
> CD
U- Q
m Z �" oC
rw w Z
t
W
�zq o — N
Ln
W, a a w
Z E — �-
_• w Z o Q a
Q z � U V �7 Q < Q
,l J J
V =
1�4- W o Z cn
� W =
Z V
�7
cn
,6 �1T
- - -- -- -- - - - - - - -- - -- - - ---
Lo
IN3W3SV3 ,91
Lo
O
�O
ZV ND IS 4
0
QpQ
t
M r
`q 1
ni 3
NLL
3NI7 /U d3dadd O K W
�m C
. r F
N
c
d
T
1 11 0
m
6MP't,OZO-OZ I-W43e0nu3u6!SW.gMX3 1—--3\P.q!4x3\6U!MeJ(I\!!Ar)\T00\6b8T\OOHTOO\06S-1.L-Pad\:O:H1tld3lId Wd ZO:S:ltl OZOZ'b0 Aierugaj'AePsDnl:NO UaM08 PuOwAea:As 031101d
x33�l D_H3_w w ns_
N
0
w W Z
Jawm tw Q
m� W z o
t= U
O `� W
w zLnQ
_ Z U � V V
Q Q V a u ,Q
5 J O
L 11�• JZj
- -- CDZ V�
W =
W Z V
N
,FLIT
h
1N3H-7SV3 ,91
h
'H
h
'H
f V N,9IS
P^
Q x
t
3
3NI7 AI d3dodd
1 11
m
Ln
Ln
6Mp'bOZO-0Z-]uaw4:)e=u3u6!S\yq!4x3luaw4Pew:)u3\sl!g!4x3\6u!MeidU!k7\100\6b9T\OOBTOO\OOSuOi.pnpOjd\:9:HJ.Vd31IJ Wd TO:S:1V OZOZ'60 Aierugad'Aepsanl:NO uBm09 POOwALd:AS a3UOld
"EXHIBIT B"
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 1 l of 12
Revised 10/03/2018
"EXHIBIT C"
Metes and Bounds of Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 10/03/2018
EXHIBIT 'C' 0 200'
N00'24'23"W
22.21' MCPHERSON BOULEVARD SCALE FEET
„ (130' WIDTH RIGHT-OF-WAY) "1" 200'
N58'35124"E S89'59'33 E S89'59'33"E C.C.D. NO. D213105897. P.R.T.C.T. S89'59 33 E
56.02' 158.50' _ _ 85'00' _ _ _ 108.00'
N45'16'29"W N45'1 '29"W�-S44'43'31"W28.42' p S44'43'31 W
Q N o 28.42' 28.14' Q w 28.14'
io
co O
3 i v LOT 3 n LOT 4 3 N o LOT 8
Y ;F r'N ON 1-0 LL Zo 040
Qp N z � 'O LOT 5 LOT 6 LOT 7 PO �j _ O
C IrI M M O N
n. 1 z o
O ON
O
a 2�
Q &^ S89'59'33"E Z
a 237.92 3 z w
� LU
N O = S17'10 44"W
o F- cN I 0 co N09'46'40"W
N J N LOT 12 74.89' 72.22'
i�f i�f
Q 10 Z * � LOT 10 M _M LOT 11 ro a �►oo LOT 13 3 LOT 14
a gG 00 M01 O O Z En QVl l� � O
Z It N N N ZLU
����5,r�p., �0, :ro�N M
U N89'26'34"E S�1N Z`� N
259.84' S00'33'26"E 8
29.05' A
L
N8926'34"E N89'26'34"E 506.00' ;UJ
10
E 229.00' N
u ►M
o M
N SEC CTR & McP, L.P. LOT 1, BLOCK 3 0
o C.C.D. NO. D218272728 CHISH N0. RAIL RAN 0 O
n O D.R.T.C.T. P.R.T.C.T. LOT 2
t
W PARENT TRACT N89'26'34"E
o LOT 1 27.71' kd
o 54
PARENT TRACT 13.646 ACRES M Ui
g Z POINT OF 594,425 SQUARE FEET o N
BEGINNING o
FOUND 5/8- IRON ROD O
WITH CAP STAMPED
"DUNAWAY ASSOC. LP" S89'29'50"W 1143.51'
8
SLF IV—CHISHOLM TRAIL, LP
`o (FORMERLY CALLED SLF IV/LEGACY CAPITAL., LP.) (NAME CHANGED IN C.C.D. NO. D215126386)
C.C.D. NO. D210314509 AND C.C.D. NO. D214151266. D.R.T.C.T.
D
0
0 The basis of bearings for this survey is the Texas State _ _ LEGEND:
Coordinate System, North Central Zone 4202,based =Right-of-Way Line
LH upon GPS measurements. Distances and areas hereon =Lot Line
are surface values.A combined scale factor of =Subject Property Line
0.999880014 was used for this project_ P.R.T.C.T.=Plat Records,Tarrant County,Texas
D.R.T.C.T.=Deed Records,Tarrant County,Texas
a
R B001849.001 PAGE 1 of 1
R
_d
Z
0
n`
PROPERTY DESCRIPTION
LOTS 1, 3, 10, BLOCK 3
CHISHOLM TRAIL RANCH
o C.C.D.NO. D219014120, P.R.T.C.T.
DUNAWAYCITY OF FORT WORTH
TARRANT COUNTY,TEXAS
u 550 Balley Avenue•Suite 400•Fort Worth,Texas 76107
Tel:817.335.1121
o FIRM REGISTRATION 10098100
w
0
O
a