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HomeMy WebLinkAboutContract 45727 (2)nozTzo inr U3M333J CONTRACTysEcRnmt4______/,5'1Z7 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, its duly designated Assistant City Manager or Planning and Development Director, and SHELF TEAM LONE STAR, LLC, a Texas limited partnership ("Licensee"), acting by and through its duly authorized Managers, owner of the real property located at 3201 Golden Triangle Blvd., Fort Worth, TX 76177 (the "Property"). 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; and WHEREAS, City has a 15 foot wide sanitary sewer easement and a 10 foot wide water easement (the "Easement", whether one or more) in the Property as described or depicted in Exhibit "A" attached to this Agreement and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and conditions set forth in this Agreement to accommodate the needs of Licensee. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and the covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the Easement for the purpose of constructing, maintaining, modifying and replacing a retaining wall, air hydrant and bollard for QuikTrip #965 (the "Encroachment", whether one or more) as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the 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. 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 1 of 9 Rev. 04/30/2014 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the direction of either the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the appropriate Director or his or her duly authorized representative prior to the construction of the Encroachment Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, 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 or 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 uses provided for in this Agreement, Licensee shall pay to City an amount equal to such additional cost as reasonably determined by either the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of $275.00 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 Encroachment and uses provided for by this Agreement. 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. 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 2 of 9 Rev. 04/30/2014 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement after notice and opportunity to cure as described herein. City shall notify Licensee in writing of the non- compliance and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6. 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 City s governing body at any time during the term hereof determines 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 sewage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 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 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 RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 3 of 9 Rev. 04/30/2014 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. 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 covenng 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 $1,000,000 Commercial General Liability 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 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is 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 the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with 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. 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 the Encroachment and uses. 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 4 of 9 Rev. 04/30/2014 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. 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 penuitting 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. 14. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of the obligations of the Licensee. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. 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 City, and any attempted assignment without such written approval shall be void In the event Licensee conveys the Property, 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. 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 5 of 9 Rev. 04/30/2014 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 6 of 9 Rev. 04/30/2014 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. . City CITY OF FORT WORTH V Randle Ha 'ood, Director Stephen G. Gressett, Manager Planning and Development Department Licensee: SHELF TEAM LONE STAR, LLC, a Texas limited liability company • By: Approved As To Form and Legality: By: Assistant City Attorney Attest: et c tv.) --LL ASS} At City Secretary By: Terrie L. Gressett, Manager Jul uber, Manager By: Aaron P. Gutierrez, Manager By: 1 Akird%3/4a • B � AA Elizath C. Gutierrez, Manager (5C 16,a Lisa J. Kell ,Manager [ACKNOWLEDGMENTS APPEAR ON NEXT PAGE] 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 7 of 9 Rev. 04/30/2014 STATE OF TEXAS COUNTY OF TARRANT ad This instrum Pt was acknowledged before me on\, Lt"" ., 201byfiatidittlarwood, Director of the ' . nning and bevelopm the City of Fort Worth, on behalf the C • f Tort Worth. CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 STATE OF OKLAHOMA COUNTY OF TULSA ry t Department of 4, ublic, State of as BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Stephen G. Gressett, Terrie L. Gressett, Julie Huber, Aaron P. Gutierrez, Elizabeth C. Gutierrez, and Lisa J. Keller, Managers, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration • therein expressed, as the act and deed of SHELF TEAM LONE STAR, LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Pit-. day of JflQ ,20)4 . t ee ass Notary Public State of Oklahoma tONYI RICHARDSON TULtir COUNTY ,. COMMISSION 109009369 Comm. Exp . 12.07.2017 J On rkolaoL-- Notary Eublic, State of Oklahoma 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 8 of 9 Rev. 04/30/2014 LEGAL DESCRIPTION OF THE PROPERTY Lot 11, Block 1, MORIAH AT TIMBERLAND ADDITION, an addition to the City of Fort Worth, Tanant County Texas as recorded in County Clerk's Document No. D213100077 of the Real Property Records, Tarrant County, Texas 2014 Easement Encroachment Agreement -Commercial Shelf Team Lone Star, LLC -3201 Golden Triangle Blvd. Page 9 of 9 Rev. 04/30/2014 Q P N K 2 H 2 G P 2 3 2 AIR HYDRANT SEE FOOTING DETAIL 1.7 X 1.25'-2.125 SF I Exhibit "A" I 4 1 5 1 6 I 7 1 8 I 9 I • 3' TALL MODULAR BLOCK RETAINING WALL SEE DETAIL 10' X 0.67= 6.7 SF w• Xownaa..v.Am nr Mar PNWICammAAaN.LL WA A aas N, mO S. ▪ Orb Mat .9)1231“Kbett AN• ISIPIPIALIZWINRCLISI m mcro, murowm H13 15' SANITARY SEWER EASEMENT BOLLARD SEE DETAIL 0.15 SF ba11.0 PAW 701.71,701411 21A119141. Val 117019176.077 4fro`V 4 44.444 N A. 4 *Nlti vor•to v. L2 SITE BOLLARD (BUILDING P RIMETER / Alfl PUMP F1 Lot 11, Block 1 Moriah at Timberland Addition an addition to The City of Fort Worth Document No. D213100077, DRTCT 100(5' WATER EASEMENTI 4 5 6 7 8 10 11 AIR SERVICE INSTALL PLAN (LEFT HAND INSTALL) 9 10 11 F11 IT 12 13 19 15 AL m.. �.m ,'nu R, nEpu Nu any Awe iss• noble Xu0[OIlY W n:4 7110101 � Vim• 5FC11ON A.A imp it a bbai — ▪ r ---(.9 oESZ11:.'Y TYPICAL REINFORCED WALL SECTION el ALLAN BLOCK WALL BATTER FROM VERTICAL - EXPOSED WALL HEIGHT FINISHED LRADE-\ EMBEDMENT DEPTH 4 In (100 mm)J TYPICAL GRAVITY WALL SECTION 12 Rolwnod Soil) WELL —GRADED GRANULAR WALL ROCK 025 In to 15 In (5 mm to 36 mm) LESS TNAN IDS FINES 4 In (100 mm) TOE DRAIN PIPE VENTED TO DAYLIGHT 20 10 0 20 40 13 14 15 44, OIfRALTN APbM ' n4 A !4 a . 7.771 ulppooringOh wlue ley Ol.an Atm w.F .Irma on 70.0ICCT No.n+m.vcs QuikTrip No. 0965 h r WOT0TY$t Pn U2/011ID DIVI5 DNF wLLU` YLIt710.N. COI DESIGNED On ClIA DRAWN KKb REWCWm PY. umz SHEET NUMBER C100 Q P N K H G AC-4!::;PR IE) Exhibit "B" CERTIFICATE OF LIABILITY INSURANCE QUIKCOR-01 BHAGATMA DATE (MM/DD/YYYY) 5/7/2014 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). CONT PRODUCER NAMEACT certificates@willis.com Willis of Texas, Inc. PHONE //877 945-7378 FAX888 467-2378 c/o 26 CenturyBlvd (A/C, No. Extl: i ) (Arc, No): ( ) E-MAIL P.O. Box 305191 ADDRESS: Nashville, TN 37230-5191 INSURER(S) AFFORDING COVERAGE INSURED QuikTrip Corporation P 0 Box 3475 Tulsa, OK 74134 NAIC # INSURER A:Old Republic Insurance Company 124147 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTRINSD wVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC EC OTHER: AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A MWZX 300761 3/1/2014 3/1/2015 MWTB 300760 3/1/2014 3/1/2015 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OPAGG $ SIR $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE $ AGGREGATE $ PERTUTE ER OTH- STA 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) THIS CERTIFICATE VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 5/7/2014 Re: QT #965 - 3201 Golden Triangle(air hydrant, bollard & retaining wall) - Encroachment Agreement. CERTIFICATE HOLDER Fort Worth City Hall 1000 Throckmorton St. iFort Worth. TX 76102 CANCELLATION 500,000 100,000 0 500,000 5,000,000 5,000,000 1,000,000 2,000,000 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 'Exhibit "B" IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US SCHEDULE Number of Days Notice of Cancellation: 30 Person or Organization: Fort Worth City Hall Address: 1000 Throckmorton St. Fort Worth, TX 76102 Provisions If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. PIL 028 05 10 ENDORSEMENT #1 MWZY 300761 QuikTrip Corporation 03/01/2014 - 03/01/2015