Loading...
HomeMy WebLinkAboutContract 53847 Apr 28, 2020 CSC No. 53847 9:34 am 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'j, acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director, and Oetapharma Plasma, Inc., a Delaware corporation ("Licensee"), owner of the real property located at 4085 E. Lancaster, Fort Worth, Texas 76103("Property"), acting by and through its duly authorized EVP/COO and VP-Finance. 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 sidewallc and public right of way 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 the installation of a new illuminated monument sign in the area encroaching between the City's right of way and the sidewallc (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 Fasement Encroachment Agreement-Commercial FlPFEWIAL RECORD Revis d dWSECRE°TARV , FT. WORTH,TX on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 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 Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 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 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. Easement Encroaclunent Agreement-Commercial Page 3 of 12 Revised 12/2018 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 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 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 IESPONSIBILITY 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 S1,000,000 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 put-poses. 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 tern of this Agreement and until the removal of the Encroachment and the cleaning and Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 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. lb. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 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. 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 Properly,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) clays 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 6 City: Licensee: CITY OF FORT WORTH Octaphatma Plasma,Inc. ZS 7HRf"pwz By:Di-Harrell(Apr 24,2020) By; (>j1A et-t.T,,twDirector Name: r _ a Planning&Development Title: VjV - 'r-zW h jc Q- Date; Apr 24,2020 Date: 3—Zy-zap Name: i h C7�T Title: Date: 3: ATTEST: Approved As To Form and Legality Agee Awf f Matt Murray(Apr 21,202Wf City Secretary Matthew A.Murray 1=WOJC Sec 3210 Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and admh-vstration of t • cont 't, ink a ing ens ing all perfotniancc and r forting requirements. Janie S. Morales Development Manager Easement Encroachment Agreement-Connnercial OFFI�C?" eves CITY SECRETARY FT WORTH,TX e - a aI o11.150101 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. 27 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of April ,20 20 LAU RI E Digitally signed by LAURIE < PEQUENO LEWIS o2. PEQUENO LEWIS Date:2020.04.2711:11:09-05'00' % W r0 L�F Notary Public in and for the State of Texas =gy J •s After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort North,Texas 76102 FOFFICIAL RECC RDA ' SECRETARY Easement Encroachment Agreement-Commercial pf 1PPTH. TX Nor ti O av-01 ina. STATE OF T,"C-1S § COUNTY OF TARR-ANT § X red et I BEFORI? ME, the undersigned authority, a Notary Public in and for the State of 100' 'tl mud ron this day personally appeared Judith Smith, EVP/C00, and Barry Pomeroy, VP-Flaunce(Title)known to me to be the person whose namc is subscribed to the foregoing instrument, and acknowledged to me thin he or she executed [lie same for the purposes and consideration therein expressed, as the act and deed of Octapharnta Plasma,Rne., a Delaware corporation(entity type),and in the capacity therein stated. GIVEN UNDER MY IIANI) AND SEAL OP Ol,FICE this—A "day of 1 v� 20 3'b . Notary Public in and for the state of IJa µG�fi2u�t��p- Noottaaryry Alfa Irardeif county rb North CarollnQ.j 1,, )- PA Conuolssinn Ices rFT. AL. RECORD ECRETARY qjRTH,TXrusentcnt Encronchmcnt Agreement-Comntercinl EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 SVX31 Altifloo iN"Wi COM W"OM 1HO:1 gm3m musvowimi, �kWIS 31111 ONVI WSOVIVIIV184 wsv 'j, i4 N z ig 6��jlv y 414ti 5z S TAP -7. 71. F�Lm '4 NP, 244- On lq 1p .7 3nN3AY MM3 EL 9L .4-4 T Niel- 2 TO I'l o o, Win iE T a vI l 04 al ZEcI N T a«. o IM Z� ac m (3)O m 3)m 3 � u aolaoa ~mooza� -too, o9 s�oof]a0' wo�> .]�iTWli ��U K6 �aowa i¢ ajw»��n so�ozw� �wo,�oLLw s 41�3f'�t]Y '� pK2R'Y u�atsufaaays � � ���ai5as ui if, f i I y !-_- ) �f 'e {. Alll].u.ALO. ..{ �_+��-- �2i :c:K/a.-�S✓/ _� gi �� � L! 1 1 lg 9 f I J__ 3(IH3AY 71aYM3H c LJ i� W E Y r i�• m L L 10 z EXHIBIT B Certificate of Insut•auee Easement Encroachment Agreement-Commercial Page I 1 of 12 Revised 12/2018 EXHIBIT C Metes and Bounds or•Location Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 SIGN EXHIBIT FOR THE EAST 18.7 FEET OF LOT B, AND ALL OF LOTS C, D, E, F, G, H, I, K AND L, WEAVER'S SUBDIVISION OF LOTS 10, 11 AND 12, BLOCK 2, OAKLAND ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 874, PAGE 343, DEED RECORDS OF TARRANT COUNTY, TEXAS. THE PROPERTY HEREON DESCRIBED IS THE SAME AS THE PERTINENT PROPERTY AS DESCRIBED IN CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NO. 10-00267, ISSUED 05/07/10 AT 08:00-AM, WITH AN LEGEND: EFFECTIVE DATE OF APRIL 14, 2010 AT 8.00 A.M. POB POINT OF BEGINNING � S90'00'00'E 100.00' POC POINT OF COMMENCEMENT "1'oFOUND PK NAIL FOUND CROWS FOQI� ® RECOVERED MONUMENT AS NOTED .U� NO. NUMBER r o O CONCRETELn N NO PARKING w o -�- — — -&FOUND PK NAIL 0.2'W FOUND PK NAIL z 12.4'E, ON-LINE 71 I ' { i �� ( I LL I NI or &3I mNQ' ( 1 1 I I f ,.' Q �0 0 0",� WEAVER'S SUBDIVISION OF LOTS 10, 11, AND jr m�1 moo � u I I 12, BLOCK 2, OAKLAND AD )ON ( �a • c� (V LIME 874, PAGE 3 3 a x D I o ((�� a= zz �} O �� LOT C OWNHR: RRCO RENTALS LC a a l F= Z$ LOT D I LOT E II LOT F LOT G LOT H I aK !rc3 oOp3011)w 1 F—0 0 —"s N 4' tV co 41 JN �cli i ��Z� N� �� I M OK I OF R7 ?I I W pz o� os I o¢� crc �W O w 00 0o 60Ld 0� 'Cf.- �I a � zU �X I 0 I ?w I �� z� `1 WI u� w < �� � � ;Rn O a i 2w ao a0 a Iw ao { °a x C) v. O O M O o! v I N89`08'27"E Zf ZI I AOJ CENT BUILDING 2.00 R} FOUND XPCOUT :' v -- x__ W000ENCE -I ceass N90'g0.0 . w. �0 — ....y.: ,.Q _ ijJ•CHT-OF;1 AY 'i- FOUND PK NAIL .' ROCKS N90'00 00 W 57.11 -12.4'E,.QN-LINE, OB ROCKS N0051, 3, S89`08' 7' S00" "� a �.3�'{ } E. LANCASIER AVENUE U.S. HIGHWAY 80 EDGE OF PAVEMENT TOTAL PROPOSED SIGN 7U OPEN PUBLIC ROAD/RIGHT OF WAY VARIES ENCROACHMENT AREA: ASPHALT ROADWAY 13f SQUARE FEET i HAVE EXAMINED THE F.I.R.M., THIS PROPERTY IS IN 1. ALL STATEMENTS WITHIN THE CERTIFICATION,AND ZONE "X" OF THE FLOOD INSURANCE RATE MAP, OTHER REFERENCES LOCATED ELSEWHERE HEREON,RELATED COMMUNITY PANEL NO. 480596 0310 K, WHICH BEARS AN PARTY W T0: U WALALLS IMPROVEMENTS STRUCTURES,BUILDINGS S.PARKING,EASEMENTS,SERVITUDES AND EFFECTIVE DATE OF 09/25/2009 APPARENT ENCROACHMENTS; ARE BASED SOLELY ON ABOVE CRUM, VISIBLE EVIDENCE,UNLESS ANOTHER SOURCE OF INFORMATION IS SPECIFICALLY REFERENCED HEREON. 2. 1 DID N07 ABSTRACT THE TITLE TO THIS PROPERTY, BEARINGS SHOWN HEREON ARE BASED ON THE WEST NOR DID I SEARCH THE PUBLIC RECORDS FOR EASEMENTS, LINE OF SARGENT STREET AS BEING S00'00'00"W. (PER A5hA ADVERSE CLAIMS OR OTHER ENCUMBRANCES THAT MIGHT PLAT) t� ' AFFECT THIS PROPERTY. FIELD DATE 0 4 10 REVIS 0 A M E IR I C / N SUFRVE1'IN0 SCALE: " = 8cNA A P P I N G INC. APPROVED BY: CERTIFICATION OF AUTHORIZATION NUMBER LB/6393 3191 MAGUIRE BLVD., SUITE 200 ALLAN CAVINESS REGISTERED PROFESSIONAL JOB NO. 2010100-25549 ORLANDO,FLORIDA 32803 LAND SURVEYOR NUMBER 4365 PHONE(407) 426-7979 DRAWN BY:WRT WWW.ASMCORPORATE.COM STATE OF TEXAS. JANUARY 15, 2020.