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HomeMy WebLinkAboutContract 55189 Date Received: Jan 22,2021 City Secretary Time Received:9:18 am Number: 55189 EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT 1. a-trade and entered into by and between THE CITY OF FORT WORTH, a.home rile municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Development Services Director, and Keller i icks Petroleum, LLC, a Liinited Liability Corporation ("Licensee"), owner of the real property located at 11501 Park Vista Blvd., Fort Worth, Texas 76137 ("Property"), acting by and through its duly autliorized member of the LLC.'_ RE CITALS 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, attached as "Exhibit C" rind incorporated herein for all purposes; and WHEREAS, the City has a 20' drainage, and utility casement (the "Easement") in the Property as shown on the map attached to this Agreement as"Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to constrict, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the;tiLeds 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 ctitlsideration cif the paynient by the Licensee of the fee set out below :end covenants and agreements hereinafter contaii?ed to be kept and performed by Licensee, hereby grants perm]-Ssion to Licensee to encroach W., on, above, or below and occupy a portion of (lie; City's Easement as described ati and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing a 2" OFFICIAL RECORD Easement Encroaclunew A,greemeial.-Commercial CITY SECRETARY FT. WORTH, TX domestic and 1" irrigatimi water service lines that both cross the existing 12" sat,itary sewer line which is inside a 20' drainage & utility easement along Keller Hicks Road. (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond,what is specifically described in the exhibit(s)attached hereto. 2. All coustruction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be perforrned in strict compliance with this A recment and with the Charter, Ordirkances, and Codes of the City, Find ill accordance with the directions of the D.i.rector of the. Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or drily authorized representative. Licensee shall riot commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not rclicvc Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and.specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affectcd by such Encroachment, use, and occupancy, Including securing the approval and consent of the appropriate utility vompanies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation,relocation, or repair of any existing or future utility or improvements owned by or 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 the 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 their duly authorized representative. 4. Licensee agrees that the City may ranter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improveirlents to its public facilities or utilitiew necessary for the health, safety, and well�are of the public, or for any caller public purpose. The City shall bear no responsibility or liability for ally damage or disruption or other adverse consequences resulting froth the Encroachment installed by Licensee, but. the City will make reasonable efforts to minimize such damage. Easoment EncroachniC11L A,grecmeaal -Commercial I'age 2 of 12 Revised 4/2020 5. Upon tennination of this Agreement,Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications. it is understood and agreed to by Licensee that if this Agreement terminates and Licensee tails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection. and supervision which the City has incurred or will incur as a result of the construction, maintenarkee, inspection, or management of the encroachments and uses provided -I-br by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application flee of in the suin of Five Hundred Dollars ($500,00). 7. J'he term of this Agreement shall be for thirty (30) years, commencing on the date this Agreeincrit is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) clays, this Agreement shall be deemed terminated, imless such noncompliance is not susceptible to cure within thirty(30) days, in which case this Agreement shall be desired terminated its the event that L icetisee fails to commence and talcs such reasonable steps as are necessary to remedy the noncompliance within thirty(30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently alid with continuity to remedy same. 8. 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 pcublrc; 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 4,91 lature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit. of the public. Tt 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 penni[ [lie Easement to be used for any other public puvpvse that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface, or overhead J"s lRtgncnt EnL'r(YLii:imcnt Agrctmiciit-C',omrnt:rcil51 Page 3 of 12 Rk�%,dst%3 4 2020 communication, drainage, sanitary sewerage, transmission of natural gas 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. 9. 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, WIMTHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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 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, 10. While this Agreement is in effect, Licensee agrees to fflisl, City with a Certificate of Insurance naruing City as certificate holder as proof that it has secured and paid for a policy of public liability iDsiiraiiue covering all public risks related to the proposed use and occupancy of public property as located and described in Fxhibit A. The amounts of such insurance shall be not less than $1,000,000 with the understanding and agh•eernent by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such anlouilts inamediatel.y following Notice to Licensee of such requirement. Such insurancc policy shall not be canceled or amended without at least thirty(30) days prior written notice to the: Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes, Licensee agrees to submit a Eaticmcrlt EaLlo,achnictit A!-n-cunuit-Loll-an l-cial Pais 4 of 12 Revised 4/2020 similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force Bach 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 Easemem. All insurance coverage required herein shall include coverage of Al L.icexrsee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreonent. 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 he returned to the City Sceretary of the City of Fort North. 1�. Licensee agrees to comply fully with all applicable federal, state, anti local laws, statutes, ordinances, codes, and regulations in connection with the const.nrction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees,taxes,or rentals provided for by this Agreement or by airy federal, state, or locat statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hercundcr as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, "ervarlt, car employee of City, and Licensee shall have exclusive control of ar�rd the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts arid ornissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondea.t superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shrill be cowdrued as creating a partnership or Joint enterprise between City and Licensee. 15. 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 Easement and is not a conveyance of any right, title, or .interest in or to die Easement E=nLroadunuit Agre must-Conu-nuclal Page 5 of 12 kcvis�:cl�Il2(E,�.i) Easement, nor is it meant to convey any right to use or occupy property in which a third- p�irty may have an interest. U.cerisee agrees that it will obtain all necessary permissions helore occupying such.property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section S shall survive the termination of this Agreement. 1 S. 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 the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the !Property, Liccnsee may assign all of its rights and obligations under this Agreement to the new owner of"the Property, and Licensee shall be deemed released frorn its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not he unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assigu.i ent and assu,n,es all of Licensee's rights and obligation-, hereunder. However, no chango of ownership duo to forcc:losure or assignincrit to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assigiunent is provided to City. 19. 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 Stine of'Texas. 20. 'this Agreement shall be binding upon the parties hereto and their successors and assigns. 21. Easement.Encroauhmcw Agreement-Conunmial Page G of 12 Revised 4/2020 This Agreement may be executed in multiple counterparts, each of wb.i(;b shall be considered an original, but a.11 of which shall constitute one instrument. City: Licensee: CITY OF FORT WORTH OWNLI � a RR L� L7 a !�ry DJ Harrell 1Jan 19 202113:49 CST1 B jy DJ Harrell, Director � DeWan, Meg,-tier Development Services Department Keller Hicks Petrolcuin LLC Date; Jan 19,2021 Date: as FORT a p�F000000 s o %001 a� d 0 �o vo o ATTEST: p� 0 * Approved As To Forin and Legality 00 ICY d��ti nEXpSo4.� P. 4M I— Matthew Murray(Jan 18,2021 09:20 CST) or Ronald P.Gonzales(Jan 0 202111 4:02 CST) Mary Keyser, City Secretary F W B C Sec. 3210 City Secretary's Office Matthew A. Murray, Assistant City Attorney City Secretary's Office CONTRACT COMPLIA,NCG SPECIALIST: By signing 1 acknowledge that 1 am the person Responsible for the monitoring and administration OI'this contract, including ensur4tg all perl'ormance And ro ort' requirements. Janie S. Morales Development Manager OFFICIAL RECORD Easement Encroachnicut Agrccimil-Commercial CITY SECRETARY FT. WORTH, TX STATE OF'fERAS § GOIUN"1"'Y OF TARRANT 'B'FFOR'R 'MF., -the undersigned aat.hority, a :Not€,ry'Public in grid For the State of Texas, on this day personally ,appeared DJ. Harreil, khown 'tv me ILU bi; the laersoyi whose name is :subscribed to the foregoing .instruinent, and kick nowledged to me that he :executed the same 56r the ]purpose s ,and consideration therein expressed, as the act wrid deed of idle �Ciity ff Fort Worth, and-in the capaeity therein stated. OrIV1EN UNDER MY HAND .AND SEAL OF �OFFIC:E this 191th -day of January , 210 21 Digitally signed by Jennifer L µvn� JENNIFER L, EiERNACK Jennifer L Ezernack Ezernack z�OG� Public Publi Date:2021.01.21 19:18:.31 -06'00' • • STATE OF TEXAS Notary LD 130561,530 Notary Public in and for the State of Texas My Cornm Exp.Mar. 1,2024 After recording.return to: Development Services Deparb-neut Development Coordination Office 200 Texas Street Fort Worth, Texas 761 Uy OFFICIAL RECORD IEascmcut Eacroachnlclll Arrcxmrait-Commucial CITY SECRETARY FT. WORTH, TX STATE, OF TEXAS § COUNTY OF TARRANT § t3E ORF., ME, the undersigned authority, a Notary Public in and for the State of %9 CILS , on this day personally appeared Waliid De Wan, Member, known to me to be the person whose namc is subscribed to the foregoing instrument, and acknowledged to me that he or she executed. the same for the purposes and consideration therein expressed, a5 the act and deed or Keller Flicks Petroleum LF.,C, a Limited Liability Company, and in the capacity therein stated. GIVEN UNDER MY RAND) ANT,) SEAL OF OTFiCL' this -day of 20 2.O Notary Public In 'md for the 5USMA KOIRALA Notary o TEX * FATE blic OF TE Hv Gomm-E;xp,08 77 23 0� f!Diary IU 93214657.3 OFFICIAL RECORD Easamcnt Eieroadunent Agreement-Conunercial CITY SECRETARY FT. WORTH, TX EXHIBIT A Map of Easement and Encroachment r--aecinent Encroadunent Agr=ncnt_Commercial Page 10 of 12 Revised 4i2020 Exhibit A i i W Z J N 3 KELLER HICKS C-STORE AND GAS w 11501 PARK VISTA BOULEVARD N LOT 18,BLOCK 78,THE VILLAGE OF WOODLAND SPRINGS EAST aCITY OF FORT WORTH,TARRANT COUNTY,TEXAS. 76244 a N M U n o I � 2" WM (DOM.) p 0 1 " WM (IRR.) EX. 20' DRAINAGE & UTILITY EASEMENT a CAB. A, SLIDE 10544 Z R.OW- EX. 12" DIP SAN. SEW. won won EX. 12" DIP SAN. SEW. —R.00W — - - — — — — — — — — — — — — — — — — — — — W W EX. 12" PVC WATER W EX. 1�;' P TER W W W W R.O.W DEDICATION REA S 86°35'00" - 31 .1 6' CLERK'SEFIL�EEXCEPT NO. D210 6368 KELLER HICKS RD . i. 0 30' 60' GRAPHIC SCALE 1" = 30' 6946—B1L(6lZ)'l31 — Z Q 900SL SV%31`NoiTHHV0 VVZ9L SVXdI.A INnOJ INVI CgVI HI-SO," I-HOd 90 A D 0014 '3NVl .3Sor'N 1Z1Z LSF7d SJM2[dS QNd ICi00A1 d0 4JF7"I"I1A iiliL XL XJO'Ig 3 L 10 I e N NoiLvaLsio3a 3aei wQ O b aMVA�ITnOO VISIA`RI`dd IOSII '3Nj'S833NIJN3 bs z P a SVt)QNIV A`dOIS-O SNDfH 2I3-I'IHN JNI1lf1SN0Z)INVAH` r z o wJ i z� I 11 0 of K O 0 U J Q Q 3 � wo z 0 z do � aQ U �� O H N U N w z U'w Z Z� �U N V1 Z X XO w wU m m I � I I I 'M'0"a ONIISIX3 N N 4 'aAIS diSiA MVd N asb - a, -�� OO+S - —'} ..� rvl d OL'9lZ 3„6C 91,00 S naoxn oxn3n� o m � , 7! 0 — I �tl bZ x I O ss� Jg zl `'I ii I ern ,£L'VLZ M V,69,91.00 N CO J i ed I w U oho EXHIBIT B Ceartjfka o of Insurance E aseincnt EncrnacluncnE Agrc=rnt-C ornrttnrcial rage L 1 of 12 Revised 4/2020 EXHIBIT C Metes and Hounds or Location Description of the Property Eagrtttertt E(ILT 1aCI1p1l;a Agyraemcnt-Conunercial Page 12 of 12 RcvL4Vd 4/2020 llv�i xis 37x `a Ei€. 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