HomeMy WebLinkAboutContract 45398 (2)CITY SECRETARYLi Nc 0 y
CONTRACT NO.
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 City Manager or its duly designated Assistant
City Manager or Planning and Development Director, and HUNTER CROSSROADS,
LP, a Texas limited partnership ("Licensee"), acting by and through its duly authorized
representative, owner of the real property located at 13124 Highway 287 Fort Worth,
TX ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as a 1.337
acre tract of land situated in the M.E.P. & P.R.R. Company Survey, Abstract Number 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 25 foot wide water and sewer 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 a retaining wall
(the "Encroachment") which will encroach onto the City's Easement as shown on the
attached Exhibit "A" 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 constructing a retaining wall (the "Encroachment"). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining any and all
structures and buildings within and above the Easement. Licensee shall not expand or
2012 Easement Encroachment Agreement -Commercial
Page 1 of 9
Rev. 02/2014
RECEIVEU MA 082014
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
Encroachment, use and occupancy shall comply and be performed in strict compliance
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
City's Water Department, or his or her duly authorized representative. Prior to the
construction of the Encroachment, Licensee shall submit all plans and specifications to
the applicable Director or his or her 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 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.
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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 Two
Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and
annually thereafter Licensee agrees to pay a fee in the amount of $.56 per square/linear
foot of the encroachment area.
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
(30) 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 hncroachment 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 hncroachment and the public purpose.
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Rev. 02/2014
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 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
2012 Easement Encroachment Agreement -Commercial
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Certificate of Insurance is attached as attached as Exhibit "B" 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 all encroachments and the cleaning and restoration of
the City streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors and subcontractors.
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 Agreement in its
entirety 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, 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 the 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.
2012 Easement Encroachment Agreement -Commercial
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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 basement 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.
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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, 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 this V day of
City
City of Fort Worth
By:
andle Harwood
Director
Planning and Development
ATTEST:
C4 r'
City Secretary Assistant City Attorney
i
Licensee:
Hunter Crossroads, LP
a Texas limited partnership
By. unter Crossroads GP, LLC
a Texas 'mited :liability company,
it's General `..rtner.
•
•
By:
Name: Scott Rohrman
Title: Manager
ved As To Form and Legality
2012 Easement Encroachment Agreement -Commercial
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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, 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.
T
EXECUTED this day of
City
City of Fort Worth
By:
Randle Harwood
Director
Planning and Development
ATTEST:
, 20 r
Licensee:
HUNTER CROSSROADS, LP
a Texas limited partnership
By: Hunter Crossroads GP, LLC,
a Texas limited liability company
its G - . - - ral Partner
By:
Scott Rohrman, Manager
Approved As To Form and Legality
City Secretary Assistant City Attorney
2012 Easement Encroachment Agreement -Commercial Page 7 of 7
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned aut ► or ty, a taryjP.blic in and for ,� e State of
Texas, on this day personally appeared
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.
UGIVEN ER M AND AND SEAL OF OFFICE this
VjARcJ'7, 20
CASSANDRA F. FOREMAN
Notary Public, State of texas
My Commission Expires
April 26, 2017
6ay of
otary Public in 'ail d'for the State of Texas
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2012 Easement Encroachment Agreement -Commercial Page 8 of 9
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned .
g ed authority, a Not
Public in and for the State of
Texas, on this day personally y appeared Scott Rohrman Ma
nager of Hunter Crossroads
GP, LLC, the General Partner•
of Hunter Crossroads, LP, known to me to be the person
whose name is subscribed to
the foregoing instrument and acknowledged to me th
he/she executed the same for • at
the purposes and consideration therein expressed, as the act
and deed of Hunter Crossroads
LP, and in the capacitytherein n stated.
GTit�
EN UNDER MY HAN
D AND SEAL OF OFFICE
C Qum C this day of
r-DE20l .
CAROLYN CHAPMAN
Notary Public, State of Texas
My Commission Expires
February 07, 2017
•
•
2012 Easement Encroachment Agreement -Commercial
Commerelal
•
Notary Publicin and for the
State of Texas
Page 9 of 9
PROPERTY DESCRIPTION
Being a 1.337 acre tract of land situated in the M.E.P. & P.R.R. Company Survey, Abstract Number 1131,
in the City of Fort Worth, Tarrant County, Texas and being LOT 6, BLOCK 1 of VISTA CROSSROADS
ADDITION, an addition to the City of Fort Worth, according to the plat recorded in C.C. Document #
D213167946 of the Official Public Records of Tarrant County, Texas and being more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod set for the west corner of said Lot 6 and being located in the northeast
line of U.S. Highway 287 (variable width);
THENCE departing said northeast line, NORTH 37°13'21" EAST a distance of 266.81 feet to a 5/8 inch
iron rod set for corner•
THENCE SOUTH 50°27'25" EAST a distance of 214.33 feet to a 5/8 inch iron rod set for the east corner of
said Lot 6;
THENCE SOUTH 37°17'18" WEST a distance of 274.57 feet to a 5/8 inch iron rod set in the northeast line
of said U.S. Highway 287 and being in a non -tangent curve to the right having a radius of 2,837.82 and a
chord bearing of North 48°22 50" West;
THENCE along said northeast line with said non -tangent curve to the right through a central angle of
04°19'53" for an arc length of 214.52 feet to the POINT OF BEGINNING;
CONTAINING 1 337 acres or 58,218 square feet of land more or Tess all according to that survey
prepared by A.J. Bedford Group, Inc.
201 1-068
910 C. KlmhalI As • Snwhla4& Taxa 76042 • 01171331433110
HUNTER CROSSROADS, LP
D207294400
TAX ID# 41359283
PROPOSED WALL
10 30
20 40
SCALE 1" = 20'
25' Water &
Sewer Easement
S. 50°27' 25'
U1
Cal
d,_ _ w
`— EXISTING WATE IN E
/— EXISTING SANITARY SEWER
ss
ss ss
Proposed
Lot 2, Block 2
Hunter Crossroads
29' Public Access Easement
MEOW
ss
ENCROACHMENT AGREEMENT - INSET A
FORT WORTH, TARRANT COUNTY, TEXAS 10/24/2013
EXHIBIT A
• ACCORDCERTIFICATE OF LIABILITY INSURANCE DATE (MWDDI YYY)
`✓� I 12/19/2013
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(les) must be endorsed. H SUBROGATION IS WANED. 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 endoraement(s).
PRODUCER IXJNMA" Debbie Mt,AP
Wood -Wilson Company Inc PNox o PP,, (972) 783-4915
a,,hamiltonewoodwilson.aon
INSURER/SI AFFORDING COVERAGE NAIC t
INSURER A Mid Continent Casualty
INSURER B
INSURER C:
INSURER D :
3890 West Northwest Hwy, Suite #100 INSURER E:
Dallas TX 75220 INSURERF:
COVERAGES CERTIFICATE NUMBER:CL13121900634 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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.
LTRR TYPE OF INSURANCE �uU1tliB1I61fBH POLICY NUMBER (MIM p EFF IMWppiYY ) LIMITS
GENERAL LJABILITY EACH OCCURRENCE S
UAMAtit It) Hui IEU $
12/15/2013 12/15/2014 MED Ex, (Anyone mac) S
Insurance 5 Financial Services
8131 LBJ Freeway, Suite 220
Dallas TX 75251-1335
INSURED Hunter Crossroads, LP;Hunter Crossroads
LLC; Investors Crossroads, LP;
Hunter Investors GP, LLC
A
X COMMERCW. GENERAL LIABILITY
1
IPPPIPOIS
CLAIMS -MADE
X
OCCUR X 38GL000894061
GEM . AGGREGATE LIMIT APPLIES PER
X I POLICY n liLrtar n LOC
AUTOMOBILE LIABILITY
A ANY AUTO
ALL OWNED
_ AUTOS
X HIRED AUTOS
SCHEDULED
AUTOS
ANON -OWNED
UMBRELLAUAB 1 X OCCUR
A EXCESS UAB It— CLAIMS -MADE
DED I X ( RETENTION I 5,004
WORKERS COMPENSATION
AND EMPLOYERS' UABIUTY
ANY PROPRIETORIPARTNERA7fECUTNE YIN
EXCLUDED?
(Mandatory In NH)
If Yet desaibe under
DESCRIPTION OF OPERATIONS belay
NIA
34CA0O2800096
34X/11114E59
i FAX
. Nov (972)763-0593
PERSONAL & AOV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGO $
$
4er�ii SINlsLB UMnJEBRati
BODILY INJURY (Per person) $
12/15/2013 12/15/2014 BODILY INJURY (Per accident) $
PR/PROPERTY DAMAGE
S
EACH OCCURRENCE S
AGGREGATE $
12/15/2013 12/15/2014 S
WC STATU- I IOTFw
E.L EACH ACCIDENT IS
E.L. DISEASE - EA EMPLOYE $
EL DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS 1 LOCATONS!VEHICLES (Attach ACORD 101. Additional Remits Schedule/ H moro space Is required)
13124 Highway 287, Fort Worth, TX 76179
CERTIFICATE HOLDER
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
ACORD 25 (2010105)
INS025 (201005)D1
CANCELLATION
1
1
1
1,000,000
100,000
EXCLUDED
1,000,000
2,000,000
2,000,000
1.000.000
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.
AUTHOR/ZED REPRESENTATIVE
•
R Lamar Wilaon/DJH `Pe s*vsns. r 54-s a +--
01988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EXHIBIT B !-