HomeMy WebLinkAboutContract 44266 (2)•
CITY SECRETARY
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 Calm Eve, Limited
Liability Go._hereinafter referred to as "Licensee", owner of the property located at 4840
Bryant Irvin Court ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 11-
R2 Ridglea Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas
as recorded in County Clerks Volume 388-178 Page No.56 of the Real Property records
of Tarrant County ("Property"); and
WHEREAS, the City has a 10 foot wide utility easement (the "Easement") in the
property as shown on the map attached to this Agreement as Exhibit "A and A-1 " and
incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain a monument sign
(see Exhibit C) which will be to identify the adjacent business (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 and
A-1 for the purpose of constructing a monument sign (See Exhibit C) (the
nc oac t"). Upon completion of the Encroachment, Licensee agrees to be
OFFICIAL RECORD
CITY SIAMcroachment Agreement -Commercial Page 1 of 9
ftMON, Ilt
RECEIVED MAR 11 MIS
responsible for maintaining any and all structures and buildings 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.
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
2012 Easement Encroachment Agreement -Commercial Page 2 of 9
Works or the Director of the Water Department of the City, or his duly authorized
representative.
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 executed a fee in the sum of zero Dollars ($0.00) to
pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant
County. (fee waived in accordance with NEZ Tax Abatement Policy (M&C G-17133)
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 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, samtary sewerage, transmission of natural or electricity, or any
other public
2012 Easement Encroachment Agreement -Commercial Page 3 of 9
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.
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
and A-1". The amounts of such insurance shall be not less than the following:
$1,000,000 Commercial General Liability
2012 Easement Encroachment Agreement -Commercial Page 4 of 9
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
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 tens 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
ATTEST:
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 J4Lday of Aft (4- ,
City
City of Fort Worth
By: 9- /Si
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Randle Harwood
Director
Licensee:
Clam Eve, Limited Liability Co.
By: at(i�%�
Name: Laura F Morris
Title: Partner
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Planning and Development q9!owl&Mvtrjff%*
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30,sc �fr* �A - �.� ed As To Form and Legality
kA
U,&LL t'4tnuY3
Assistant City Attorney
2012 Easement Encroachment Agreement -Commercial
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OFFICIAL RECORD
CITY SECRETARY
P'' vvuelly TX
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this daypersonally appearedDctnce uc -f- , known to me to be
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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 day of
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R. G. NAREZ
Notary Public, State of Texas
My Commission Expires
September 10, 2013
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Notary Public in and for tom' State of Texas
2012 Easement Encroachment Agreement -Commercial
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VOL.388-178, PG 56 DRTC
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VOL 388-178, PG 58 DRTC
PARK ADD
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FORT WORM TEXAS 76104
(817) 335— 3154
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HORIZONTAL
EXHIBIT A
OF
MONUMENT SIGN
ENCROACHMENT EASEMENT
LOT 11-R2,
RIDGLEA PARK ADDITION
FORT WORTH TARRANT COUNTY TEXAS
ACCORDING PLAT RECORDED IN
VOLUME 388-178, PAGE 56
OF THE DEED RECORDS OF
TARRANT COUNTY, TEXAS
FEBUARY 4, 2013
ID
EXHIBIT A- 1
BOUNDARY DESCRIPTION FOR
MONUMENT SIGN
ENCROACHMENT EASEMENT
LOT 11-R2 RIDGLAE PARK ADDITION
FORT WORTH TARRANT COUNTY TEXAS
BEING a tract of land out of the Lot 11-R2 Ridglea Park Addition Fort Worth Tarrant
County, Texas according to plat recorded in Volume 388-178, Page 56 of the Deed
Records of Tarrant County, Texas, (DRTC) as described in the Deed to Calm Eve LLC
recorded in D212252965 DRTC said tract being tied to the Texas Coordinate System,
North Central Zone NAD83, bearings are grid, distances are horizontal ground
measurements, said tract being more particularly described as follows:
BEGINNING at a point in the east line of the said Lot 11-R2 and also being the east
line of an existing loft utility easement , as shown by said plat, said point being
SOO°49'23"E, 40.51ft from a found 3 / 8" iron pin for the northeast corner of said Lot
11-R2;
THENCE SOO°49'23"E, with the east line of the said Lot 11-R2, 6.00ft
THENCE S89° 10'37"W, 10.00ft.to the west line of the said loft utility easement;
THENCE NOO°49'23"W, with the west line of the said loft utility easement, 6.00;
THENCE N89° 10'37"E, 10.00ft to the place of beginning and containing 60 square feet
of land.
J. B. Davies, Inc
February 4, 2013
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.d►`!OR s CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Earl A Wood, Agent
2900 S Hulen, Ste 50
Fort Worth, TX 76109
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INSURED
CALMEVE, LLC
4840 BRYANT IRVIN CT
FORT WORTH, TX 76107-7679
I DATE(MWDD/YYYY)
02/26/2013
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA. State Farm Lloyds 43419
(INSURER B State Farm Mutual Auto
'INSURER C
I INSURER &
I INSURER E
NAIC #
43419
Insurance Company 25178 25178
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AWLI POLICY EFFECTNE POLICY EXPIRATION
LTR INSRDI TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE(MWDDITY) LIMITS
A X GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
'MAIMS MADE OCCUR
X
GENLAGGREGATELMTM4 FSPER
h I POLICY I 1 EC i l LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
�_ SCHEDULED AUTOS
L HIRED AUTOS
NON-0NWEDAUTOS
GARAGE LIABILITY
ANY AUTO
•
EXCESS/UMBRELLA UABIUTY
'OCCUR - CLAIMS MADE
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
is ybS. denote under
SPECIAL PROVISIONS below
OTHER
93-CB-K752-3 02/01/2013 02/01/2014
•
•
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
CERTIFICATE HOLDER
CITY OF FORT WORTH
1000 THROCKMORTON
FORT WORTH, TX 76102
FAX: 817-392-8116
AGOHD 25 (2001/0B)
132849 03.13-2007
EACH OCCURRENCE S
UAMAUE HI RENTED
PREMISES fEs oaurena) S
MED EXP (Any one paean) S
PERSONAL II *DV INJURY S
GENERAL AGGREGATE S
PRODUCTS -COMPAOPAGG S
COMBINED SINGLE LIMIT
(Es ecaiden)
BODILY INJURY
(Per per)
BODILY INJURY
(Per adders°
PROPERTY DAMAGE
(Per eccideal)
AUTO ONLY- EA ACCIDENT IS
OTHER THAN EA ACC I $
AUTO ONLY: AGO IS
EACH OCCURRENCE IS
AGGREGATE S
$
$
S
S
S
S
ITORY LIMITSI 1 ER
EL EACH ACCIDENT S
I EL DISEASE -EA EMPLOYEE I S
I EL DISEASE - POLICY LIMIT I S
EXHIBIT B
1,000,000
0
5,000
1,000,000
2,000,000 ,
2,000,000
0
0
0
CANCELLATION
SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSU ER WILL ENDEAVOR TO MAIL a DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLD NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO DRUG ON ORR.IABI TY O KI PON THE INSURER, WS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTAT
Earl A Wood
I ne registration notices mama ownerslnp of Inc mars Dy tnelr respective owners crn
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