HomeMy WebLinkAboutContract 44477- � - _ �y .�
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EASEMENT ENCROACHMENT LICENSE AGREEMENT
Com�nerczal
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH, a home rule municipal coiporation of Tan•ant 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 QUIKTRIP
CORPORATION, an Oklahoma Corporation, hereinafter referred to as "Licensee",
owner of the property located at (1101 Hemphill St.) ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property), an addition to the City of Fort Worth, Tai-�ant County, Texas as
recorded in County Clerks Document No. D212227789 of the Real Properry records of
Tarrant County ("Property"); and
WHEREAS, the City has a five foot (5') wide utility easement (the `Basement")
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 a horizontal
monument sign which will be erected to identify and advertise the Property (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 teims 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 a�reements hereinafter contained, to be kept and perfoi7ned by the
Licensee, hereUy grants permission to the Liceiisee to encroach upon and occupy a
poi-tion of the City's Easement as described in and at ille location showil on E�ibit "A"
for the puipose of conshtitcting a horizontal monument sign (the `Bncroachulent"). Upon
corilpletion of the Encroacl�unent, Licensee agrees to be respoi5sible for maintaining any
2012 Easement Encroaclunent Agreement -Commercial
R�CEIVE� MAY � �� �ili��
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Page 1 of 9
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 perfoi�ned 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 pmpose 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 puipose. 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, as reasonably determined by the Direc�or of Transportation and
Public Works or the Director of the Water Department of the City, or his duly authorized
representative, Licensee shall pay to City an additional amount equal to such additional
cost as reasonably determined by such Director or his duly auiliorized representative.
2012 Easeiiient Encroaclunent Agreement -Connnercial 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, qf this Agreement by the
Licensee. City shall notify Licensee of the non-compliance,and �f,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 tlie 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
t.
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:
II
2012 Easement Encroachment Agreement -Commercial
Page 3 of 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,
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 RESPONSISILITY 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.
:
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 an 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
sha1� provide that it cannot be canceled or amended without prior written notice in
accordance with the policy provisions 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
2012 Easement Encroaclunent Agreement -Commercial
Page 4 of 9
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 Tanant 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 Encroaclunent 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 perfoi�ning same,
and shall be solely responsible for the acts and omissions of its offcers, 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 puipose 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 necessaiy 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.
f�
The parties agree that the duties and obligation contained para�raph 3 shall
survive the termination of this Agreement.
2012 Easement Encroachment Agreement -Conunercial
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 Tanant
County, Texas. This Agreement shall be govei-ned by the laws of the State of Texas.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this ��� day of �(b1A , 2013 .
City
City of Fort Worth
By:
,
�t RANDLE HARWOOD � �
DIIZECTOR
PLANNING & DEVELOPMENT
ATTEST:
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Licensee:
QuikTi�ip Corpoi�ation
By: /
a :` eph S. Faust
Title: Director of Real Estate
As To Form and Legality
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2012 Easement Encroaclunent Agreement -Coimnercial
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of
Texas, on this day personally appeared ���� %� ,�, (<,_ � �`� �,:_��- ��'i �>�-C , 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 puiposes 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
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Notary Public in and for
2012 Easement Encroachment Agreement -Conunercial
State of Texas
Page 8 of 9
STATE OF TEXAS
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joseph S Faust, Director of Real Estate, 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 ', and in the capacity therein
stated. '�u,����' G=�fy��tr��
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ���day of
, 2013 .
�=—�a�- __ /%� r��---
TINA LEE CALDWELI
MY COMMISSION EY,pIREU
July 19, 201 �
State a�Texas
2012 Easement Encroaclunent Agreement -Conunercial
in and for the
Page 9 of 9
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Exhibit ��8�� QUIKCOR-01 SALWANJV
DATE (MMlDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 5/8/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
�ERTIFICATE 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 certi�cate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Wiilis of Texas, Inc.
c/o 26 Century Blvd.
P.O. Box 305191
Nashville, TN 37230-5191
INSURED
QuikTrip Corporation
P O Box 3475
Tulsa, OK 74134
COVERAGES
INSURER A : OICI
INSURER C :
INSURER E :
CERTIFICATE NUMBER:
REVISION NUMBER:
467-2378
NAIC #
47
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 7ypE OF INSURANCE ADOL SUBR pOLICY NUMBER MM DD EFF MM DD EXP LIMITS
LTR INSR WVD
GENERAL LIABILITY EACH OCCURRENCE $ SOO,OOO
i� X COMMERCIAL GENERAL LIABILITY MWZX 26697 3/1/2013 3/1/2014 pREM SES�Ea occur ence $ � ��,00�
CLAIMS-MADE � OCCUR MED EXP (Any one person) $ �
PERSONALBADVINJURY $ SOO,OOO
GENERALAGGREGATE $ S,OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ S,OOO,OOO
X POLICY PR� LOC SIR � 'I,OOO,OOO
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
ANY AUTO
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS NON-OWNED ER ACCIDDNMAGE $
HIRED AUTOS AUTOS
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS' LIABILITY y� N TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? � N � A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE $
if yes, describe under E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additionai Remarks Schedule, if more space is required)
Re: QT#885, 1101 Hemphill St., Ft. Worth, TX 76104.
CERTIFICATE
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
1000 Throckmorton St.
AUTHORIZED REPRESENTATIVE
G���
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O 1988-2010 ACORD CORPORATION. All rights reserved.
945-7378
ER(S) AFFORDING COVERAGE
blic Insurance Comp:
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD