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HomeMy WebLinkAboutContract 46966 (2)V F EC TAkif 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 Planning and Development Director, and Graham Mortgage Corporation, hereinafter referred to as "Licensee", owner of the property located at 7220 Blue Mound Road ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Lot 3, Block 1, Blue Mound. Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D207060482 or Volume and Page No. A /11713 of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 30 foot wide Water & Sanitary Sewer easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain a private storm sewer and inlet which will be for storm sewer collection and conveyance purposes (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; 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 the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A for the purpose of maintaining existing private drainage infrastructure (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the 2014 Easement Encroachment Agreement -Commercial OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 9 Fasement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such F,ncroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance 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 of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative Licensee shall not continence construction of the Encroachment until such approval shall be indicated in writing by the Director. 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 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 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 of the City, or his duly authorized representative. 2014 Easement Encroachment Agreement -Commercial Page 2 of 9 4. 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty Five Dollars ($325.00). 5. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is further understood and agreed upon between the parties hereto that the easements to be used and encroached upon as described herein, are 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 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 right of way to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural 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. 2014 Easement Encroachment Agreement -Commercial Page 3 of 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS 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. 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 the following: $1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B" Licensee agrees to submit 2014 Easement Encroachment Agreement -Commercial Page 4 of 9 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 all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees' contractors. 9. 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 Encroaclmlent on Easement Agreement in its entirety in the deed records of Tarrant County, Texas After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 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 said Encroachment and uses. 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. 2014 Easement Encroachment Agreement -Commercial Page 5 of 9 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 described I -casement 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 permission 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 paragraphs 3 and 4 shall survive the termination of this Agreement 2014 Easement Encroachment Agreement -Commercial Page 6 of 9 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City Planning and Development Director, and any attempted assignment without such written approval should be void. 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. EXECUTED thisday o City City of Fort Wort By: v Randle H. ood, Director Planning and Development ATTEST: • • ;ram , zvis Licensee: Graham Mortgage Corporation By: Name: S'ww A. MOP41(S Title: Vi PUSLD6Y'JT - Approved As To Form and Legality NTLEO J\ONCLO Assistant CI)/ Attorney 2014 Easement Encroachment Agreement -Commercial OFFICIAL RECORD CITY SECRETARY h9 WORTH, TX Page 7 of 9 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/she 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 DER MY HAND AND SEAL OF OFFICE this CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission ExSiros Aptlf 261 201 r i day of ublic in and for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, T 2014 Easement Encroachment Agreement -Commercial Page 8 of 9 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 Scott Morris, Vice President, 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 Graham Mortgage Corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this atia,ct , 20 /a . 0 �1 • I i namse IL e • • r . • NIA I _II -JO Ina . ▪ I • • `'`Rr p�,, JENNIFER E. LARSEN 2 '�r: Notary Public, State of Texas ; ▪ = My Commission Expires '4;,';'6F tte July 12, 2018 •• . J • IS• es r• Iwo Ill 1 1 n+onll •• II P I J I1111r1• a RRy.• y No iy Public in ari`$ for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, 7'X day of 2014 Easement Encroachment Agreement -Commercial Page 9 of 9 LOT 5 if m CONCRETE PA VEMEN T SNOB orri r ,f 'i APIA,, AVM 3N0 4 EXISTING JUNCTION BOX TO BE REMOVED AND REPLACED WITH GRATE INLET 30' WATER & SANITARY SEWER EASEMENT CC #D207060482 PROPOSED CVS PHARMACY EXISTING STORM SEWER (PRI VA TE) Line Table Line # Direction Length L7 589 °06'57 "W 29.84' L2 N89°06'51 "E 7.55' L3 SO 5,3'09 "E 7.00' L 4 N89 °07'45 "E 27 53' L5 50°53'09'E 3.00' L6 589°07'45"W 27.53' L 7 SO 53'09 "E 7.00' L8 589°06'51 "W 0.97' L9 S89°06157 "W 7. 48' L 7 0 N89 °06'51 "E 0. 22' Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINE RS • SURVEYORS 6750 HILLCRES1 PLAZA DRWC, SUITE 325 DALLAS. TEXAS 75230 Texas Engineers Registration No. 89 Texas Surveyors No 100866-00 COPYRIGHT © 2014, Winkelmann & Associates, Inc Scale : NOTED Date 08/03/15 Dwg. File : 70951—ENCR.dwg Project No. : 70951 (972) 490-7090 (972) 490-7099 FAX 7 5 ' SAN V/R. L SM T. SSMH CC #D207060482 P9IN T OF vBE;GINNING POINT OF COMMENCEMENT 28. J7 LOT 4 f XI 1181 l A 1 1 1 0 1 1 i 1 CONCRETE PA /EMEN T LOT 5 LP 30' 60' Scale 1" = 30' LEGEND CVS ENCROACHMENT AREA 0.008 AC. (338 S.F. ) ENCROACHMENT EXHIBIT BLUE MOUND PLAZA ADDITION LOT 3, BLOCK 1 PROPERTY DESCRIPTION (PRIVATE STORM ENCROACHMENT) STATE OF TEXAS § COUNTY OF TARRANT § BEING a tract of land situated in the JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, in the City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 3 Block 1, Blue Mound Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in County Clerk's Instrument No D207060482 Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a x-cut in concrete found for corner in the Northeast corner of said Lot 3; THENCE South 89 deg 06 min 51 sec West, along the North line of said Lot 3, a distance of 29.84 feet to the POINT OF BEGINNING; THENCE departing the North line of said Lot 3 and over and across said Lot 3 the following courses and distances: S outh 01 deg 58 min 11 sec East, a distance of 40.10 feet to a point for corner; N orth 89 deg 06 min 51 sec East, a distance of 1.55 feet to a point for corner; S outh 00 deg 53 min 09 sec East, a distance of 1.00 feet to a point for corner; N orth 89 deg 07 min 45 sec East, a distance of 27.53 feet to a point for corner in the East line of said Lot 3; THENCE South 00 deg 53 min 09 sec East, along the East line of said Lot 3, a distance of 3.00 feet to a point for corner; THENCE departing the East line of said Lot 3 and over and across said Lot 3 the following courses and distances: S outh 89 deg 07 min 45 sec West, a distance of 27.53 feet to a point for corner; South 00 deg 53 min 09 sec East, a distance of 1.00 feet to a point for corner; S outh 89 deg 06 min 51 sec West, a distance of 0.97 feet to a point for corner; South 00 deg 51 min 21 sec East, a distance of 144.07 feet to a point for corner in the South line of said Lot 3; THENCE South 89 deg 06 min 51 sec West, along the south of said Lot 3, a distance of 1.48 feet to a point for corner; THENCE North 00 deg 53 min 09 sec West, departing the South line of said Lot 3, a distance of 189.17 feet to a point for corner in the North line of said Lot 3; THENCE North 89 deg 06 min 51 sec East, along the North line of said Lot 3, a distance of 0.22 feet to the POINT OF BEGINNING. CONTAINING within these metes & bounds 0.008 acres or 338 square feet of land. X/ //B/ / A Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINE RS • SURVEYORS 6750 HILLCREST PLAZA DRIVE, SUITE 325 (972) 190-7090 DALLAS, TEXAS 75230 (972) 490-7099 FAX Texas Engineers Registration No. 89 Texas Surveyors No 100866-00 COPYRIGHT 10 2014, Winkelman & Associates, Inc. Scale : NOTED Date :08/03/15 Dwg. File : 70951 —ENCR. dwg Project No. : 70951 ENCROACHMENT EXHIBIT BLUE MOUND PLAZA ADDITION LOT 3, BLOCK 1 AC'ORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 8/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. 500 W. 13th Fort Worth TX 76102 INSURED Graham Mortgage Corporation 3838 Oak Lawn Ave Ste 1500 Dallas TX 75219 GRAHA6 NAME: Barb Muench PA",ONE N Ex„ 817-347-7009 E-MAIL s; bmuench@higginbotham.net I FAX Nei. 817-882-9284 INSURER(S) AFFORDING COVERAGE INSURER A :Liberty Mutual Fire Insurance Compa INSURER B ;Liberty Mutual Insurance Company INSURER C : INSURER D : INSURER E : INSURER F : NAIC # 23035 23043 COVERAGES CERTIFICATE NUMBER• 1978299135 REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR' POLICY EFF ' POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER IMM/DDNYYY1 IMM/DD/YYYYI A x COMMERCIAL GENERAL LIABILITY TB2Z91461063055 6/15/2015 6/15/2016 CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS B X UMBRELLA LIAB SCHEDULED AUTOS NON -OWNED AUTOS X EXCESS LIAB DED I I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE Y/N N/A TH7Z91461063045 6/15/2015 6/15/2016 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE PER (NI - STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Exhibit Be 7260 Blue Mound Rd. Fort Worth TX 76131 CERTIFICATE HOLDER City of Fort Worth Planning and Development 1000 Throckmorton Fort Worth TX 76102 CANCELLATION $1, 000, 000 $300,000 $10,000 $1,000,000 $2,000,000 $2,000,000 $ $ $ $ $ $ $5,000,000 $5,000,000 $ $ $ $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD