HomeMy WebLinkAboutContract 44266 m
r,try SECRETARY
CONTRACTNO .
ENCROACHMENT EASEMENT LICENSE AGREEMENT
Commercial
THIS AGREE ENT s made and entered into by and between. THE CITY OF FORT
WORTH, a home rule municipal corporation of Tarrant Count, Texas ("City"), acting
by and through its duly author zed City Manager or ats duly design ated Assistant City
v.
Eger ("Clity") or in and Development Director, and (,,'alm Eve, Limited
iab Co. hereinafter referred to .s "Licensee'', owner of the property located at 4840
Bryant Irvin Court("Property").
RECITALS
WHEREAS,
', Licensee is the owner of certain real proper described as dot 1.
`dglea Park Addition, an addition to the City of Fort Worth, Tarrant County, Teas
as recorded in County Clerks Volume 3 Page No.56 of the Real Property records
of Tarrant County ("Property"); and
WHEREAS., the City has a 1.0 foot wide utility easement (the "Easement") in the
Property as shoran 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 Q which will he to -n i& the adjacent business (the "Encroachment") and
which will encroach onto the City's Easement as shorn on the attached survey and only
to the extent shorn thereon; and
WHEREAS, to accommodate the needs of the Licensee,, the City will allow the
Encroachment under the to s and conditions as set forth in this Agreement.
NOW, THEREFORE.,the City and I ieensee agree as fellows:
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 he 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 d at the location shown Exhibit A and
A-1 for the purpose of constructing„ a monument sign (,See Exhibit Q (the
t"). Upon completion of the Encroachment, Licensee agrees to he
OFFICIAL RECOR,D
CITY SWONFAWN croachment Agreement-Commercial Page I of
FT,WORTHO TX RECEIVED MAR, I I HO
IT 10 1rX
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responsible for maintaining air nd all structures and buildins within and above the
ly %..,
Easement. Licensee shall not expand or otherwise cause the Encroaclunent 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 '111 connect'loin with such
Encroachment, use and occupancy shall comply and be performed m 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 n.ot 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 specifi cations.
3.
I icens,ee agrees that City may enter and utilize the referenced areas at any time for
the purpose oaf f installing, repairing, replacing or maintaining improvements to its public
facilities or utilities necessary for-the health, safety and welfare of'the pu lic 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 mak e! 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-Coimnerclal Page 2 of 9
Works, or the Director of the Water Department of the City, or his duty 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 (MSC G-17133)
Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee
in.the amount of S.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
sball terminate upon the non-compliance of any of the terms of this Agreement by the
Licens:ee. City shall notify Licensee of the -non-compliance and if n. t 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
5
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, sanitary sewerage, transmission of natural or electricity, or any
other public
2 012 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 pose.
7.
LICENSEE, COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFYI HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS,, EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUIT'S 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 LOCATIONICE 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 INVITEE,S 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, III' SEES,OR INVIT'EES.
8.
While this Agreement is in effect, [Jeensee agrees to furnish C*1ty with a
Certificate of Insurancel naming City as certificate ho lder, 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 instirance shall be not less than the following:
$1,000,000 Commercial General Liability
2012 Easernent Encroachment Agreement-Commercial Page 4 of 9
0
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
w itten notice to the Building Official of the City of Fort Worth. A copy of such
ri 11 1
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 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 Tarrant County, Texas. After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth, Texas.
to.
Licensee agrees to comply fully with all applicable federa,l, state and local laws,
statutes, ordinances,", codes or regulations in connection with the constructioll, operation
11
and m said haintenance of sancroachment and uses.
1,1.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
1 .0
bythis Agreement or by any federal, state or local statute, law or regulation..
2 012 Easement EncroacWuent Agreement-Carmnercial Page 5 of 91
Ok"
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all n*gh,ts 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 p'urpose 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 night to use or occupy property in which a third
licensee 1 -y permission
party may have an interest. licensee agrees that it w*ll obtain all necessai I
before occupying such property.
14.
In any action brought by the City for the enforcement of the of of the
Licensee,, City shall be entitled to recover interest and reasonable attorney's fees.
15.
The parties agree that the d-hies and obligation contained paragraphs 3 and 4 shall
survive the termination of this,Agreement.
2012 Easement Encroachment Agreement-Commercial Page 6 of 9
OUR;
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 Aay of_!"t
City Licensee:
City of Fort Worth Clam Eve., Limited Liability Co.
'A
/N
By-O By:
Name-. Laura F Moffis,
Randle Harwood Title Partner
Director
Planning and Development �'`
,Wj 0
;00
t-y
ATTEST: A ed As,To: Form and Legal'
lk
00
City Seer Assistant City,Attorney OFFICIAL RECORD
CITY SECRETARY
2012 Easement Encroachment Agreement-Co,nunercial P�ft
14 NJ TX
JA
L RECORD
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7*URT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
4-of 4
Texas,, on this day personally appeared UnCk, 66,4'4t�j 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE the -Uay of
R. G. NAREZ
Notary Public, State of Texas
1Z Notary Public in and for State of Texas
My Comrnission E,xp irk
6; September 10, 2013
"q#1 0 1
2012 Easement Encroachment Agreement-Commercial Page 8 of 9
1-1-1--1.......mom , RIFF
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 Laura F. Morries, known to me to be the person
whose name is subscn*bed to the foregoing instrument,, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed,, as the act
A
and �deed of Calm Eve,LLC,and in the capac,ity therein stated.
A
tivoif
G P-.',N UNDER MY HAND AND SEA1, OF OFFICE this day of
20
LESLIE C.M'cKINNEY
A Notary,Public,State of Texas
Of MY Commission ExAa
0"a April 1,2015
Notary Public in and for the
State of Texas
2 012 Easement Encroachmant Agreement-Co rninet-cial Page 9 of 9
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MONUMENT LLJ
SIGN BASE LLI
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CALM EVE LL C.
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10FT UTUTYEA T
VOL ,x, 36 DRTC
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LOT 9-R RIDGL.EA PARK ADDITION
VOLW-67. P 18 DDT
lolo EXHIBIT A
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MONUMENTS"hiGo"'N
"%HMEN,T EASEMENT
E:N C'R 0 A%G
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RIGLEA PARK ADDITION
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FORT WORTH TAI RAII T COUNTY TEXAS
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ACCORDING PLAT RECORDED IN
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F 9 4 F THE DEED RECORDS OF
(817) --3154 TAR N1 COIN ,I TEXAS
Jbdine.co F E B U'ARY 4,2013
�.')"K K"IIBIT A-1
BOUNDARY DESCRIPTION' FOR
MONUMENT SIG:
ENCROACHMENT EASEMENT
LOT 111- GIB E PARK ADDITION'
FORT WORTH TARRANT COUNTY TEXAS
BEING a tract of land out of the Lot I I-R2 Ridglea Park Addition Fort North. Tarrant
County, Texas according, to plat recorded In Volume e : 881_1.78, Page 56 of'the Deed
Records of Tarrant County, Texas,, RTC) as described. In the Deed. to Cali . Eve LLC
recorded. in D21225296,5 DRTC said tract being tied to the Texas Coordinate System.,
North, Central Zone NAD8 , 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 I I-R2 and also being the east
line of an existing 1 Oft utility easement t , as shown by said plat, said point being
SOO 049'23"E) 40.51.ft from a found 3 "8" iron pin for the northeast corner of said .hot
1 I R2
THENCE S004 '23''E, tl + et 11 of
THENCE 58901 o'3 " , 101.00 t.to the west lire of the s i d 1 Oft utility easement*
THENCE 0049'23" e west line +� 1 ottilty easement, 6.00-
HENCE N 10'37"E, 10.001 ft to the place of beginning nin d. containing 60 squire feet
of land.
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