HomeMy WebLinkAboutContract 44252 (2)t�
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EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT (this "AgreemenY') 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 or Planning and Development Director, and AUTOBAHN
IMPORTS, L.P., a Delaware limited partnership hereinafter referred to as "Licensee,"
tenant of the property located at 2802 Cullen Street, Fort Worth, Texas as more
particularly shown by cross-hatch on the site plan attached as Exhibit "A" ("Property").
RECITALS
WHEREAS, Licensee entered into that certain Lease Agreement dated May 23,
2011, by and between Licensee as "TenanY' and LARJ, L.P, as "Landlord" (the "Lease")
with an initial term of ten years and a right for the Tenant to extend the Lease for two
successive five yeaz periods; and
WHEREAS, the City has a 15 foot wide drainage easement (the "Easement") in
the Property as shown on the plat attached to this Agreement as E�ibit "B" and
incorporated herein; and
WHEREAS, Licensee desires to construcdplace and maintain automobile
canopies which .will encroach onto a portion of the City's Easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow such
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
T'he 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 locations shown on attached
Exhibit "B" (the `Bncroachment") far the purpose of constructing automobile canopies
(the "Canopies"). Upon complerion of the Canopies, Licensee agrees to be responsible
for maintaining the Canopies and any and all other structures within the Easement.
Easement Encroachment Agreement -CommercialPage 1 of I 1
����IV�D MAR o 4 Z�is
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Licensee shall not expand or otherwise cause the Encroachment to fiuther infringe in or
on the City's Easement beyond what is specifically described in attached E�ibit "B."
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 Trausportation 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 specificarions.
3.
Licensee agrees that City may enter and utilize the Easement 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 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 minimi�.e 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.
Easement Encroachment Agreement -CotnmercialPage 2 of 11
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4.
In order to defray all costs of inspecrion and supervision which City has incurred
or will incur as a result of the construction, maintenance, inspection or management of
the Encmachment and uses provided for by this Agreement, Licensee agrees to pay to
City at the time this Agreement is executed by City an application fee in the sum of Two
Hundred and Seventy Five Dollars ($275.00). Also upon execution of this Agreement
and annually thereafter until this Agreement is terminated, Licensee agrees to pay a fee in
the amount of $0.56 per square/linear foot of the Encroachment area.
5.
This Agreement shall terminate upon the earlier of (i) the Licensee's permanent
removal of all Encroachments or (ii) the ternunation of the Lease. 'The Licensee shall
notify the City thirty days prior to such permanent removal or the termination of the
Lease, or within one business day if thirly days' notice cannot be given.
In addidon, this Agreement shall terminate upon the non-compliance of any of the
terms of this Agreement by the Licensee and Licensee's failure to cure such non-
compliance within thirty days af�er written notice of such non-compliance has been given
to Licensee.
Upon the termination of this Agreement, Licensee sha11 remove the
Encroachment, at its sole costs and expense. If Licensee does not remove the
Encroachment, the City may, at its sole discretion, remove the Encroachment. Licensee
shall reimburse the City for any documented and actual costs incurred by the City that are
a result of Licensee's failure to remove the Encroachment upon the termination of this
Agreement.
6.
It is further understood and agreed upon between the parties hereto that the
Easement to be encroached upon as described herein 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 Constiturion 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 goveming body of City may at any time
Easement Encroachment Agreement -CommercialPage 3 of 11
during the term hereof determine in its sole discrerion to use or cause or pernut the
Easement to be used for any other permissible 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.
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEM�TIFY, 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,
ARISIlYG OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAl[NTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY T'�iE NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR IlYVITEES 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
INDENINIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACF[MENTS AND ANY AND ALL ACTS OR ONIISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
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'This Agreement shall be accompanied by proof that the applicant has secured and
paid for a policy of public liability uvsurance covering all city controlled property as
described in this Agreement. The amount of insurance coverage shall be at least
$1,000,000. Each insurance policy shall provide that it cannot be canceled or amended
without at least ten (10) days' advance written norice to the City. Insurance shall be
maintained for the length of the Encroachment.
9.
Licensee agrees to deposit with the City when this Agreement is executed by both
parties a sufficient sum of money to be used to pay necessary fees to record this
Agreement in its entirety in the deed records of Tan�ant County, Texas. Af�er being
Easement Encmachment Agreement -CommercialPage 4 of 11
recorded, the original shall be returned to the City Secretary of the City of Fort Worth,
Texas.
10.
Licensee agrees ta comply fiilly with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operadon
and maintenance of said Encroachment and uses.
11.
Licensee agrees to pay promptly when due all amounts for which Licensee is
responsible to pay under this Agreement.
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 of�icers, agents,
servaats, 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 properiy in which a third
party may have an interest. Licensee agrees that it will obtain a11 necessary pernussion
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.
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The parties agree that the duries and obligatian contained paragraphs 3 and 4 shall
survive the ternunation 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 should be void.
17.
Any cause of acrion 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.
[RENZAINDER OF PAGE iNTENTIONALLY LEFT BLANK]
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EXECUTED this � � day of��', 2013.
City:
City of Fort Worth
By:
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;;�,r� � Randle Harwood,� % �
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Director of Planning and
Development Department
ATTEST:
Licensee:
Autobahn Imports, L.P.,
a Delaware limited partnership
By:s -� ��
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Natne: � �� IL�luc.
Title: G�
Approved As To Form and Legality
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Easement Encroachment Agreement -CommercialPage 7 of 11 �`— --" -- - Fl
Assistant City AttornCy
STATE OF TEXAS
COUNTY OF TA�RRANT
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BEFORE ME, the undersigned auth rity, a Notary PubTic in and for the State of
Texas, on this day personally appeared -� 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 the City of Fort Worth, and in the capacity therein stated.
`�� IJNDER MY HAND AND SEAL OF OFFICE this�da.y of
( ►r� ���
—�ebraafy, 2013.
Notary
�1NGEIA ESTRADA
My Commission Expires
August 21, 2015
,� ► _ �
and for the State of Texas
Easement Encroachment Agreement -CommercialPage 8 of 11
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 i��^ lL�-✓� , C�c
l�own to me to be the person whose name is subscribed to the foregoing inshument, and
acknowledged to me that he/she executed the same for the purposes and considerarion
therein expressed, as the act and deed of Autobahn Imports, L.P., and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this '� � day of
February, 2013.
KERRY HAMMI �
MY COMMISSION EXPIRES
rna�, ao, 2013 Notary Public in and for the
State of Texas
Easement Encmachment Agreement -CommercialPage 9 of 11
Exhibit "A"
Property Description
Lots 4— 7, Block 6, Bailey's Industrial Addition, an addition to the City of Fort Worth,
Tarrant county, Texas, as shown on the plat thereof recorded in Volume 388-C, Page 95,
of the Tarrant County Plat Records
Exhibit "B"
The Easement
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(ioi.os�
80' R/G
SHA�IROCK
(�ot.os')
HT—OF—{yAY
3/4" I.R.
ETlD.
S81'41'E 101.06'
. . F.A.ST. ... .
� 15.66'
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IX/SI/NG 15'
UTIUIY EASEMENf .•:. ..
(Centered on existing pipe
as morked by City of Fort
Worth Public Works Department)
PROPOSED EASEMENT
ENCROACHMENT AREA 1:
LOT 5 1566 SQUARE FEET
0.036 ACRES
M LOT 6
PROPOSED EASEMENT
ENCROACHMENT AREA 2:
564 SQUARE FEET
0.013 ACRES �
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Exhibit showing proposed
EASEMENT ENCROACHMENT
AREAS ON
Lot 7, Revised Block 6,
BAILEY'S INDUSTRIAL ADDITION,
in the City of Fort Worth, Texas,
as shown on plat thereof recorded in
Volume 388—C, Page 95, of the
Tarrant County Plat Records. �
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AREA 2
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FENCE POST BEARS
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FND.
Compiled from maps, records,
and current surveys.
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GERRY CURTIS ASSOCIATES, INC., Surveyors
PRELI�AINARY: FOR REVIEW PURPOSES
THIS DOCUMENT SHOULD NOT BE RECORDED
FOR ANY PURPOSE. 28 FEBRUARY, 2013
Robert "Bob" Viscome
Tegas Regiatration No. 5B05
GERRY CURTIS ASSOCIATES, INC.
Surveyors
P.O. Box 471787 817/334-0381
Fort Worth, Texas 76147-2668
BALY992(C.CRD) 73-01-04992 SURVhYED 17 JANUAR/, 2013