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Home My WebLink AboutContract 45469 (2)C1TY91' ±1.51:tatma sk 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 ("City") or Planning and Development Director, and San Jacinto Realty Services, LLC hereinafter referred to as "Licensee", owner of the property located at 1101 Longhorn Road -SE corner of Longhorn Road and Old Decatur Road -Longhorn Crossing Apartments ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (Lot 3, Block A, Longhorn Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D212207552, A.F. Albright Survey, abstract No. 1849 of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 15 foot wide water easement and a 20 foot wide 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 fencing with sliding gates (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:: .r,• 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 and maintaining a wrought iron fence with sli "Encroachment"). Upon completion of the Encroachment, responsible for maintaining any and all structures and buildings 2012 Weertikprortirtg looement -Convnercial age 1 of 9 Easement. 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 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 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 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 of the City, or his duly authorized representative. 2012 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 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 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 pubhc. 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. 2012 Easement Encroachment Agreement -Commercial Page 3 of 9 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, CON TRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. S. 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 arnended without at least ten (10) days prior 2012 Easement Encroachment Agreement -Commercial Page 4 of 9 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 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 Encroachment 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. 2012 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 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 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. 2012 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, 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 thi: 25( day of _ McAS , 20 / V. City City of Fort Worth B Director Planning and Development ATTEST: ttak City Secretary 2012 Easement Encroachm Licensee: San Jacinto Realty Service, LLC A Limited Liability Company 2603 August, Suite 1400 Houston, TX 77057 Name: 1/1,4 it E /14 Title: Pa e j , .2e,,, Approved As To Form and Legality • istant City Attorney STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned a ;Ts rity, a ary P lic in and fo = State of Texas, on this day personally appeared �/ i // / ��'''� inn t• e 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. GIVE UNDER ND AND SEAL OF OFFICE this �C�� day of 1 11 tat 20 1 CASSANDRA F. FOREM ^•, - Notary Public, State of T.• My Commission Expir April 26, 2017 2012 Easement Encroachment Agreement -Commercial ry Public in and for the State of Texas OFFICIAL RECORD CATV CRE ARY 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 Albert E. Magill III, 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 San Jacinto Realty Services, LLC, and in the capacity therein stated. Va- GIVEN UNDER MY HAND AND SEAL OF OFFICE this o27 day of , 20 /V . o at' P l,s_ a°'. J1 :F • .i� OF ``* nn„0 CATHERINE L. HAYMES Notary Public State of Texas My Commission Expires July 01, 2016 2012 Easement Encroachment Agreement -Commercial tau,: ciliwit&Th Notary Public in and for the State of Texas Page 9 of 9 19.5 LF 6' BOLTED WROUGHT IRON FENCE 26° WROUGHT _ IRON SLIDING 6' WROUGHT -, IRON FENCE 12" WATER LINE FL=±751.50' FG=±759.50' 24" WATER UNE FL=±750.50' FG=±759.50' L 15' WATER EASEMENT LONGHORN ROAD \\\\\\\\ PLAN 20.5 LF FENCE = 1 1111111111111111111111111111111 • 19.5 LF 6' BOLTED WROUGHT IRON FENCE fir' ❑ / 7 24" WL �✓ 12„ WL �vF SS -•— 8" ss SS — -- - 8" SS UNE FL=±748.39 FG=±759.50' 14.4 LF 6" CURB 20' SS EASEMENT PANELS CROSSING UTILITIES MUST BE COMPRISED OF NON —WELDED FENCE. FENCE PILLARS (POSTS) MAY NOT BE INSTALLED DIRECTLY ABOVE ANY UTILITY UNE. R 6' WROUGHT IRON FENCE 12" WATER UNE FL=t751.27' FG=±759.50' II 24" WATER UNE FL=±750.26' FG=±759.50' WATER EASEMENT 30 15 0 30 60 GRAPHIC SCALE 20' SANITARY SEWER EASEMENT 19.5 LF FENCE 'iiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIU 15' WATER EASEMENT -8" SS UNE FL=±748.18 FG=±759.50' 15.8 LF 6" CURB I I I_ 20' SS EASEMENT ELEVATION 1 "=10' FENCE ENCROACHMENT PLAN AND ELEVATION #1 cam ® Baird, Hampton & Brown, Inc. CZI ® Engineering 8c Surveying 6300 Ridglea Place, Suite 700 Ft. Worth, TX 76116 Tel:(817)338-1277 Fax:(817)338-9245 E—Mail:mail@bhbinc.com BHB PROJECT NO. DATE 2012.200.000 01-23-14 15' WATER EASEMENT- 2 24" WL 12" WL — 8" SS SS LONGHORN ROAD 8" WATER UNE FG=t755' FL=±745' 24" WATER UNE FG=±755' FL=±744.5' PANELS CROSSING UTILITIES MUST BE COMPRISED OF NON -WELDED FENCE. FENCE PILLARS (POSTS) MAY NOT BE INSTALLED DIRECTLY ABOVE ANY UTILITY LINE. 47 LF OF 6' WROUGHT IRON FENCE 30 1 5 . 0 GRAPHIC SCALE 20' SANITARY SEWER EASEMENT 50 LF OF 6' WROUGHT IRON FENCE (TYP.) 47 LF OF ENCROACMENT 15' WATER EASEMENT 20' SANITARY SEWER EASEMENT 30 60 8" SS FG=±755' FL=±746.8' ELEVATION FENCE ENCROACHMENT PLAN AND ELEVATION #2 cam I. [2] mm) Baird, Hampton & Brown, Inc. BHB PROJECT NO. Engineering & Surveying 6300 Ridglea Place, Suite 700 Ft. Worth, TX 76116 Tel:(817)338-1277 Fox:(817)338-9245 E—Mail:rnoil@bhbinc.com DATE 2012.200.000 01-23-14 m 146.7 LF 6' WROUGHT IRON — FENCE SS 15' WATER EASEMENT PANELS CROSSING UTILITIES MUST BE COMPRISED OF — NON —WELDED FENCE. FENCE PILLARS (POSTS) MAY NOT BE INSTALLED DIRECTLY ABOVE ANY UTILITY LINE. LONGHORN ROAD IIIIIIP°11• SS -+ $ —26'4 I' III- g ® NIGHT TRAIL; -24"WL-- ""12*WL SS "SS SS 1111111. 1g1H :` 25 LF OF 6' WROUGHT ELF IRON FENCE (TYP.) ELEVATION 1 "=10' ® Baird, Hampton & Brown, Inc. �' ® ® Engineering & Surveying 6300 Ridglea Place, Suite 700 Ft. Worth, TX 76116 Tel:(817)338-1277 Fox:(817)338-9245 E—Mail:mail@bhbinc.com 24" WL 12" WL "\41 1 187.4 LF 6' WROUGHT IRON FENCE 20' SANITARY SEWER EASEMENT 0 f ' 50 25 0 50 100 16' Wrought iron Fence = 334.1 LE Fence Encroachment = 1 Ft Wide GRAPHIC SCALE TOTAL Fence Line Encroachment = 334.1 SQFT FENCE ENCROACHMENT PLAN #3 BHB PROJECT NO. DATE 2012.200.000 01-23-14 ACOR®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYW) 1/27/2014 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 CONTACT Jenny Hunt NAME:PHONE Insgroup, Inc. 1455 W. Loop South, 9th Floor Houston INSURED San Jacinto Realty 2603 Augusta, Ste. Houston COVERAGES TX 77027 Services, LLC 1400 TX 77057 1. (713) 541-7272 MAIL ADDRESS: ADDRESS: j hllnt@l.nS rou net g p INSURER(S) AFFORDING COVERAGE INSURER A:SCOttSdale INSURER B Commerce & Industry Ins . Co . INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER:13/14 VACANT LAND REVISION NUMBER: A/C( . Not: (713) 772-5224 ( NAIC # 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 POLI CIES. LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL N.SR SUBR WVD POLICY NUMBER (MM/DDY/YEYYY1 (POLICY M/ IDDY/Y�YYY1 LIMITS GENERAL LIABIDTY A B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR PNG400030600 GEN'L AGGREGATE LIMIT APPLIES�PER: POLICY PRC I X I LOC AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB X OCCUR EXCESS LIAR CLAIMS -MADE DED I X lRETENTON$ 10,000)1 WORKERS COMPENSATION AND EMPLOYERS' LIABIL TY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PNG400030600 BE067340155 3/31/2013 3/31/2014 3/31/2013 3/31/2014 3/31/2013 3/31/2014 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: 1101 Longhorn Rd., Fort Worth, TX - 11.11 Acres VACANT LAND CERTIFICATE HOLDER City of Fort Worth Water Department 1000 Throckmorton Fort Worth, TX 76102 CANCELLATION 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 HE.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE' $ E.L. DISEASE - POLICY LIMIT $ TOWC STATU-S I 1OTH- RY LIMIT1 FR 1,000,000 50,000 5,000 1,000,000 2,000,000 1,000,000 1,000,000 10,000,000 10,000,000 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 Brian Kapiloff/SB05 ACORD 25 (2010/05) INS025 (2n100S\ m 1988-2010 ACORD CORPORATION. All rights reserved. Tha ArnRn name anti Irwin am raniefnrnrt marcc of Af(lRf EXHIBIT B MAGILL DEVELOPMENT COMPANY, LLC January 16, 2014 City of Fort Worth Water Department 1000 Throckmorton Fort Worth, Texas Re: Longhorn Crossing Apartments 1101 Longhorn Rd. This letter shall serve as the Owner's acknowledgement that the city of Fort Worth shall maintain the permanent right to enter the subject property to service any and all water and sewer lines within the dedicated city easements. This access shall additionally extend to all City of Fort Worth Water Department employees for any and all emergency repair required on existing water and sewer pipe and valves within the property premises outside of normal business hours. For any additional access please feel free to contact any of the parties below. Sincerely Magill Development Company, LLC Owner 713-785-6006 San Jacinto Realty Services, LLC Developer / General Partner: 713-785-6006 William Taylor & Co. Inc. General Contractor: 254-772-9675 Alpha Barnes Real Estate Services, Inc. Property Manager (Enclave Apt): 817-238-7117 2603 Augusta, Suite #1400 (713)785-6006