HomeMy WebLinkAboutContract 42853CITY SECRETARY
CONTRACT N0. 4-�) ,3 S '�
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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 or duly designated Assistant City
Manager, and BNR Fort Worth Storage, hereinafter referred to as "Licensee ", owner of
the property located at 613 North Freeway.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 1,
Block 1, Pilgrim Park, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Volume 388 -84, Page 43, of the Deed records of Tarrant County ( "Property");
and
WHEREAS, the City has a 20 foot water and sewer (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 a directory sign (the
"Encroachment ") 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 approve
allowing 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.
Licensee shall not expand or otherwise cause the Encroachment to further infringe in or
OFFICIAL RECORD
CITY SECRETARY
jTX
FT, WORTH,
on the City's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
04
All construction, maintenance and operation in connection with such Encroachment, 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 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 Director or his duly authorized representative. Licensee shall not commence
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 of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Water Department. Licensee agrees that
upon request of City. and within 30 days from the date of such request, to relocate the
Encroachment away from the Easement and to restore the Easement to its original
condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement. City
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the Encroachment and restore the Easement to the same condition as
existed prior to the installation of the Encroachment. In the event the Licensee fails to
promptly remove the Encroachment and restore the Easement within the time required by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two Hundred Seventy Five Dollars ($275) to pay necessary fees to record this Agreement
in its entirety in the deed records of Tarrant County.
I
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,
3
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.
7.
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
respondent 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.
8.
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 Easement and in not a conveyance of any right, title or interest in or to the
Easement.
am
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.
E
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
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, and any attempted
assignment without such written approval should be void.
12.
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.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this 10'^ day of R- 1XXA&N , 20�.
City
City of Fort Worth
BY: �s�w«.liC�sG
Fernando Costa.
Asst. City Manager
ATTEST:
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City Secretary
- 2) 4 c
Licensee
BNR FORT WORTH STORAGE
By: 1
Name: a �e /�Q U a 7 4)4
y Title: A Jle� Alpjs 1A &ua 4g., y Ar "er-
Approved As To Form and Legality
Assistant ('itv ,Nttorncv
Contract Authorization
s
1 24 11
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 Fernando Costa 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 UNDER MY HAND AND SEAL OF OFFICE this Jo day of
otary Public in and for the State of Texas
Ell A DANIELS SSION EXPIRES 10, 2013
OFFICIAL RECORD'S
CITY SECRETARY
FT. WORTH, TX
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 QM , , 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 Grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3#1 day
of ,20.
}' LAURA RYAN
- �otPpr r pat 4_
Notary Public, State of Texas
My Commission Expires
9�F� {EE January 27, 2015
Aotapublic in nd r the State of Texas
OFFICIAL RECD,
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TENANT SIGNAGE
Scale: 3/4 " =1' -0"
3' -71/4'
3-3 1/2'
F_ I 77••
1 � OFFICE 1' -3 1 /4'
--F-
11 3/4'
T
91/2" tenant
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10' -0'OAH
SCOPE OF WORK: Manufacture and install one (1) D/F multi -panel
aluminum sign with pole cover. Externally illuminated.
SIGN DETAILS: 3" deep aluminum sign pan with interchangeable panels
held by 1/4" retainers. Mounted using 3" sign posts with decorative pole
cover. Two (2) Office Park panels to be painted Sapphire Blue (pms 2747)
with white vinyl copy. Pole Cover and retainers painted Sapphire Blue
(pms 2747) and thirty-two (32) aluminum tenant panels painted to match
pms cool gray 2 with 7725 -37 Sapphire Blue vinyl copy.
NOTE: Installation, colors and tenant copy to be verified and
determined. External lighting to be included... details to be determined.
7-0'
4-2 "
3'- 71 /2'ret.
tenant
tenant
tenant
1' -3 3/4'
tenant
tenant
tenant
tenant
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1/4'
retainer
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tenant
tenant
5' -7
1/2'
tenant
tenant
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tenant
tenant
TURNER
SIGN SYSMS
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OFFICE PARK
Fort Worth, TX
DRAWING A: off' -wk -03
DATE: 08.15. I
REV: 08.16.11 REV:
REV:08.16.11 REV:
REV: 11,21.11 REV:
REV. REV:
REV: REV:
REV REV:
CUSTOMER APPROVAL
Copyright 07011 TSS
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PHOTO ELEVATION
Not to Scale
SCOPE OF WORK: Manufacture and install one (1) D/F
multi -panel aluminum sign with pole cover. Externally
illuminated.
Note: Shrubs will be trimmed or removed.
FLOOD LAMPS FOR EXTERNAL LIGHTING
Not to Scale
FFL -54 TSHO: Extruded Aluminum Flood Light, 120V/54W..
utilizing a double fixture.
4 Existing
Proposed
1
TURNER
SIGH Symms
2—N. Beach Sneer 1
Ha Mom Oly, Teo: 76131
P: 917.937 -0033 / F'. 937.331.1319
mcnerz�9nsncems.cam
OFFICE PARK
Fart Worth, TX
DRAWING p: of wpark -03
DATE: 08.15.11
REV'. 08.16.11 REV.
REV. 08.16.11 REV'.
REV: 11.11.11 REV'.
REV: REV.
REV: REV:
REV: REV:
CUSTOMER APPROVAL
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6RR CERTIFICATE OF LIABILITY INSURANCE OP ID PS 12/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFUKIIen 11U1r vna_ r ..,... ALTER THE _- - _ _
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR A AL 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. , subject to
IMPORTANT:ff e ce Icate r is an e i ies must endorse .
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).
Egisure Insurance t_+aAIL.
Spite 230 ADDRESS:
310 Easton Street, PRO t:
BNRLL-1
Alton IL 62002 CUSTOMER ID S:
Phone:618- 463 -3741 Fax:618- 463 -3607 INSURER(S) AFFORDING COVE RAGE
NAIC i
INSURER A: The Hartford
INSURED
BNR, LLC Ft. Worth TX INSURERS:
#300
11kesh Mehta INSURER C :
1122S Capitol of TX Hwy;
Austin TX 78746 INSURERD:
INSURER E :
INSURER F:
REVISION NUMBER:
COVERAGES CERTIFICATE NUMBER:
TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED
CONTRACT OTHER DOCUMENT WITH RESPECT
TO WHICH THIS
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
E
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY
CERTIFICATE MAY
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS
LIMITS
TYPE OF INSURANCE INSR OLICY NUMBER (MMDD/YYYY) (MMMDIYYYY)
1000000
LTR
EACH OCCURRENCE
$
GENERAL LIABILITY
$ 300000
784UUfNQY63_59 05/19/11 05/19/12
PREMISES (Ea occurrence
A X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$ 1 OOOOO
CLAIMS -MADE OCCUR
PERSONAL &ADVINJURY
$ 1000000
GENERAL AGGREGATE
$ 2000000
PRODUCTS - COMP/OP AGG
T2000000
GEML AGGREGATE LIMIT APPLIES PER:
$
CY (C _ LOC
COMBINED SINGLE LIMIT
$
BILE LIABILITY
(Ea accident)
BODILY INJURY (Per person)
$
AUTO
BODILY INJURY (Per accident)
$
OWNED AUTOS
EDULED AUTOS
PROPERTY DAMAGE
(Per accident)
$
D AUTOS
$
-OWNED AUTOS
OAW
$
UMBRELLA OCCUR 84HMQY6360 05/19/11 05/19112
E
$
$
ESS LIAR CLAIMS -MADE
UCTIBLE
$
ENTION $ 10000
ER
-
S COMPENSATION
LOYERS LIABILITY YIN
E.L. EACH ACCIDENT
$
PRIETOR/PARTNER/EXECUTIVr� 41A
OFFICERIMEMBER EXCLUDED?
E .L. DISEASE - EA EMPLOYE
$
(Mandatory In NH)
if describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
A Property Section 84UUNQY6359 05/19/11 105/19/12
OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required)
DESCRIPTION
Self- Storage warehouses
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY-72 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
Development Dept AUTHORIZED REPRESENTATIVE
1000 Throckmorton St
Fort Worth TX 76102 Glenn Drenkhahn
®1988 -2009 AC(
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
TION. All rights reserved.
M &C Review Page 1 of 1
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTI ORTII
T
COUNCIL ACTION: Approved on 1
REFERENCE *.. 06BNR FW STORAGE
DATE: 1/24/2012 NO.: C -25405 LOG NAME: EASEMENT ENCROACHMENT
DIRECTORY SIGN 613 N FR
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Easement Encroachment Agreement with BNR Fort Worth
Storage for the Construction of a Multi- Tenant Sign that will Encroach Upon a Twenty
Foot Wide Water and Sewer Facility Easement at 613 North Freeway (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an easement encroachment
Agreement with BNR Fort Worth Storage for the construction of a multi- tenant sign that will encroach
upon a twenty foot wide water and sewer facility easement at 613 North Freeway.
DISCUSSION:
BNR Fort Worth Storage has requested approval to encroach into a twenty foot wide water and
sanitary sewer facility easement to construct a multi- tenant sign at 613 North Freeway. Staff from
both the Transportation and Public Works and Water Departments have viewed this encroachment
request and recommend City Council approval.
The fee for the privilege granted by this Agreement will be $275.00. The term of the Agreement will
be for 30 years.
The property is in COUNCIL DISTRICT 8.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund /Account/Centers
GG01 421232 0062000 $275.00
Submitted for City Manager's Office by:
Originatinin Department Head:
Additional Information Contact:
ATTACHMENTS
ExhA 613 North Frwy.pdf
Loc Map 613 North Freeway.pdf
FROM Fund /Account/centers
Fernando Costa (6122)
Randle Harwood (6101)
David Schroeder (2239)
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Fort Worth Planning and Development Department - Address Lookup Page
Page 1 of 1
Please Enter Address:
Number 613 Prefixr--':-] Street Name north SuMXF3 Type
Submit
Geographic Overlay Results:
Address: 613 NORTH FWY
Legal Description: PILGRAM PARK(FT WORTH), 1, 1
Owner: STORAGE PORTFOLIO I TX LP
ouncil District: 8
lanning Sector: Northeast
oise Contour:
oning: K
oning PD:
unty: Tarrant
y Limit: Full Purpose
J:
terprize Zone:
location Incent. Area:
F:
Design District:
Flood Plain:
Area is within 100 feet of the floodplain.
MAPSCO:
63T
Inspection District:
#01
State Gas Well 600':
City Gas Well 6001:
Neighborhood Org:
Scenic Bluff
Neighborhood Redev Org:
Neighborhood Alliances:
FW Downtown Neighborhood Alliance
Park Planning District:
Park Planning District: 4
Urban Villa e:
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