HomeMy WebLinkAboutContract 44477 :TARY
CONTRACT NO.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
a 7
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF o T
WORTH, a home rule municipal corporation of Tarrant arrant Cou ty, Teas ("City"), acting
by and through its duly authorized pity Manager or its duly designated Assistant City
Manager "City ) or Planning and Development Director, and Q�UIKTRIP
CORPORATION, a o a Corporation, hereinafter referred to as "Licensee",
owner of the property located at 1101 Hemphill St.) "Property").
RECITALS
WHEREAS, Licensee is the owner of contain real property described as (Legal
description of property), an addition to the City of Fort Worth, Tarrant County, rl-'cxas as
recorded in County Clerk Document No. D212227789 of the Real Property records of
Tarrant Co�nnty Property" and
WHEREAS, the City has a five foot 5 ) wide utility, easement (the "Easement")
in the property as shown on the ma, 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 extort shown thereon; and
WHEREAS,WHEREAS,1 to accommodate the needs of the Licensee, the City will allow the
Encroachment under the terms and conditions as set forth in this Agreement.
OW THERE,: "ORE, the City and Niceness 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 containect, to be kept, and performed by the
Licensee, hereby grants permission to, the Licensee to encroach neon and occupy a
portion of the City's Easement as describe J- in and at the location shown on Exhibit "A„
for the purpose of con strneting a horizontal monument sign ( E ncroachment"). Upon
completion of the neroach i-nent, Licensee agrees to be responsible for maintaining any
2012 E . ems nt Encroa to-nent Agreement-Con rnerci l OFFICIAL P 9'
C1 7y Sj!CRSrAR 1,
R E C El V E D MAY 2 4 201,3 Fts WoRarif TIC
and all structures and buildings wit nin 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 exhibits) attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachment, use mid 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 constructi
of'the Encroachment, li-j
censee 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 re-ferenced areas at any time for
the purpose of installing, repairing, replacing or maintaining improvements to its public
fac i*I nties or utilities necessary for the health, safety and welfare of the public for any other
public purpose. City shall bear no responsibility or liability .Cor any damage or disruption
or other adverse consequences resulting from the Encroachment installed by Licensee, but:
City will make reasonable efforts to minimize such carnage. In the event that any
installa
fion, reinstallation,
relocation or repair of any existing or future utility or
improvements owned b�y, 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 Director of rransportation 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 aniount equal to such additional
cost- as reasonably determined by such Director,or his duly au-diorized representative.
2012 Easement Encroaclunent Agreenient-Conunercial Page 2 of 9
4.
hl order to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction, ma ntciiancc, inspection or management of
the cn.croaclunents and uses provided for by this Ageernen.t:, Licensee agrees to pay to
City at the time this Agreement is requested an applicator fee in the sum of Two
Hundred and Seventy Five Dollars ($27,x.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
5.
The teen of this Agreement shell be for thirty 3 ) 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 once of any of the terms oaf thus 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 iffirther understood and agreed upo-i between the parties hereto that the
casements 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 ent 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 'ts sole discretion to use or cause or permit
the night of way to be used for any other public p�urp�os,e, 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.
7.
2012 Easement Encroachment Agreement-Commercial Page 3 of 9
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, CLOUT 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., T
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OIL IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE R LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSE. , IN WHOLE OR IN PART, BY THE NEGLIGENCE F
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
THE CITY, AND LIC �'SE HE BY ASST CIE ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OIL 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 OIL 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
ith a
while this Agreement is in effect, l i n ,e agrees to furnish City. w
Certificate of Insurance naming City as certificate holder, as proof that it has secured and
wad for a p licy 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.-
$1,00 ,000 Commercial Genera Liability
with, -the understanding of an agreement by Licensee that such insurance amounts shall be
revised upward at City"s option. and that ..�icensee shad so revise such amounts
immediately follown-ig notice to Grantee of such requirement. Such, insurance policy
shall, provide that it catm t be (�anceled or arnencled withotil, prior written notice its
accordance with the olicy provisions to the Building O: eial of the City of Fort Werth.
A copy of such Certificate of Insurance is attached as attached as Exhibit "B".. Licensee
2012 Easement Encroachment 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 thi's 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 re quired 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 riecessary fees to record this Encroachment on
Easement Agreement i n 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 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-Conunercial Page 5 of 9
1.2.
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 I-Acensee.
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 wBich 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.,
The parties acyt>ree that the duties and obligation contained paragraph 3 shall
survive the termination of this Agreement.
2012 Easement Encroachment Agreernent-Conunerciai Noe 6 of 9
1 6.
Licensee covenants and agrees that it will not assign all or any, of its rights,
p 1* Hegel or duties under this contract without the written approval of Cil , and any
r vi y
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 day of 2 *3
---- -------
city, Licensee:
City of Fort Worth QuikTt,,* C,orporafion
IP
Bv /I
By :
(am .Qeph S. Faust
�J, RANDLE, HARWOOD 'Fitle: Director of Real Estate
DIRECTOR
PLANNING, & DEVELOPMENT
WN
ATTEST: it
ft�)ved As To Form aiid Legal*
0
0000()00'
C*ty Slecretary Asslst�.)*nt Cit Attorney
I y
2012 Easement Encroachment Agreement-Comniercial OFFICIAL RECORD, Page 7 of 9
1
CITY SECRETARY'
1 FT WORTH� TX
1111-1111, 1
STATE OF TEXAS
COU`NTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public ]in and for-the State of
"I'exas, on this day personally app�eared-11 Jo4f, loiown to me to be
the person whose name 'I's subscribed to the foregoing instrument,, and acknowledged to
me that he/she executed the same fior 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
20
A
00"0
Notary Public in and for th4 State of Texas
2012 Easement Encroachnient Agreem m
ent-Comercial Page 8 of 9
ZD
nu iN?
STATE OF TEXAS §
COUNTY OF TA §
BEFORE ME, the undersigned authority, a Notary' PLiblic 'in and for the State of
Texas, on this day, personally appeared Joseph S Faust, Director of Real Estate, knovai
to me to be the person whose nnine is subscribed to 'the foregoing I*nstrument, and
acknowledged to me that he/she executed the same for the purposes, and consideration
tyjm�-" of entity
therein expressed, as the act and deed of Me %X�& WAR^ and, in the capacity therein
uW
stated.
10L
GIVEN UNDER MY HAND AND SEAL OF OFFICE this U day of
20 S -
ro
00000
00,
TINA LEE CALDWELL
ary r n for the
MY COMMISSION EXPIPES' lie 'i and f
4 191 201.5
State exas
2012 Easement Encroach-ni,ent Agreement-Conu-nercial Page 9 of 9
Exhibit "'All
Envula,h~1 EAKi 1Aa NAMEZiC IJStA'k074(% SAVM,3/271'2013 3"44 PM KOJ M 3/27/2101J 4cJ2 pw
;N 10
011 1
.............
n
........... ................... tb
'4
10 Cl C)
m
a i -M
C4
14
X,
ow
im
f/
tcc
lo,
::F L
r, v
m
M z M
g"
ROSEDALE STREET
(VARABLE-WIDTH 11.0,W) ll m;D M m CY)
............ 0 94%
La
If .....
-n
...........
41
0 M
m cn
'4
111ANIA W ...... (D
Ali w 0 _7'
mail, Hr,I="MW
lip M
3 3
t
j CD (D
"t F(A m
M
1/10 F-i
`7
J�,
Tw
1,24'
LA
J
N_
CL
in 18 rn
71 9'4 -9 12
4 N
,nnivp
in
r At
� 0
3 C;A AQ
F 4 65' 43'
z"m
11=0 P �3� p- 9 ct
Ir
A
C 16
;j >
11, � ,�
'n 4 .46 i
0
LA
7
120
C� Oc z
x
09
z oz
..........
P-2
21'
2
lip
A
-100 1 0 c
Ww,
m n..
<A
to
L*
com
X
Z
S�
335'
v
M
z
M
'S c
'4
0 L
ZA
&
&
M 0 m 1""In,M"
Pa
01
unj It
'mm,will um j -
Lim 0
Gj xv
S 89*5 T 55'w I DU 00' 7
7
21,
cn im 1 tl`4
ILI
LA -1,4
0
z
J
Z
f? ti
luli`3 ar
3 1
IF
C
c
C.17 3)
rn
L
ul
C m
m
r
x
0 m
z
...f
war K) Fin
JIL
......... ___Jj
T
KAf�OWN FMON
OBury+Partners
uikTrip No. 08815
......... IJ10 gQrvww Hill Ill SUN 100
751M
........ HEMPHILL ST St ROSEDALE ST TW L(MA00 1 0 f-(2)rg?W,4TM 0
1-6c."Olim x)01
Fr WORTH,TX A
Towam
ORIGINAL,ISSUE DATE: I
j 0 L
co r) 1 0 11 X N A U U 'n
w
Exhibit T
_....
DATE(MM/DD YYYY)
CERTIFICATE, OF LIABILITY INSURANCE 5/8/2013
THIS CERTIFICATE IS ISSUED AS A► MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT" BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT-, If the certificate holder Is are ADDITIONAL INSURED,the policy►ies must be endorsed. If SUBROGATI:ON IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate Molder in lieu of such ndorse,m !nt(s).
PRODUCER CER NCO TACT
NAME:
Willis of Texas,Inc. HON?e...
—E .. 7 945-73�78 �..
_$8
c/ 26 Dentu Erd. - MAIL ...
E P.O"Box 3 � 91 .
.
ADDRESS-.
Nashville,TN 37230-5191 ._._. - .....��_................... ...... ........
SUREM�(S)AFFORDING C'O'VERAGE NAIL##
INSURER A:Old RP ublic Insurance Company 24147
INSURED INSURER B
,m. _.. �... ....
QuikTrip Corporation INSURER c
P 0 Box 347 -INSURER D
Tulsa,� K 74134 INSURER E:
INSURER I=
COVERAGES CERTIFIICATE' UMBER REVISION NUMBER:
........._ ... �....... _
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.LIMIT`SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS..
N-� .... ...... ACDL POLI'dY EF ..n.. POLICY EXP
T E r INS J I E POLICY NUMBER M D D='
LIMITS
LT F„ �t �
GENERAL LIABILITY EACH OCCURRENCE $ 5009000
I '�����6� � 3/1/2013; � MBE TI�ITI� ... _
AI X COMMERCIAL GENERAL UABILIT" PREMISES(Ea occurren�gu� 0050001
CLAIMS-MADE ...
C+CIJI ;P(Any one
PERSOwNI'AL AM 'INJURY S �,I�� l'
GENERAL AGGIREGAT...._m
E $ 511000,0100
GEM L AGGREGATE LIMIT APPLIES PER;.. PRODUCTS, COMPIOP AGG 5, 00,0010'
3
POLICY Y� �PIS
LC
_ _.....
I ..
AM,I�"'bM'�C3I'�ILE LIABILITY � CGI�IIMMVI=D�II�M�LE LIMIT
.:Eau a ident �.
ANY AUTO BODILY INJURY(Per person)
ALL OWNED SCHEDULED BODILY INJURY(Per accident)
AUTOS .... AUTOS �
NON-OWNED _PROPERTY DMAGE_...�.,� ,,,.�� ,............ ,�
HIRED AUTOS AUTOS � �'I�I GCIDF�MT
. ................ a ...I . ...� _.
UMBRELLA LI PM CUR
OC
.EACH OCCURRENCE............
EXCESS LIAR CLAIMS-MADE AGGREGATE
DED L__� RETENTION _..
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS"LIABILITY /N _- " R LIIff5' ER
Y
ANY PROPRIETOR/PARTNER/EXECUTIVE �^„^E.L.EACH ACCIDENT
C� FECERI#�IEI' BER EXCLUDED? � �A, � �__...
EL
(Mandatory Ire NH) . DISEASE�EA EMPLOYEE
If es,describe under
DESCRIPTION .._.�
CRIPTIO N OF OPERATIONS below E.L.. .DISEASE POLICY LI'
MIT
..........
DESCRIPTION OF OPERATIONS,1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Mf more space is required)
Re:t T B85r,1101 H ern PhiII St.,Ft.'!rJ Worth,TX 761104.
!� ......�. __....... �-��.�a� ..... � _. __._.� _ .m.._. �... w _...
CERTIFICATE HOLDER .. ...�a�.....__ .�... .�� ..mm�.... CANCELLATION
....._ _......_ ......
�_
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVER'E'D IN
ACCORDANCE WITH THE IPOLICY PROVISIONS.
rAU HORIZED REPRESENTATIVE
City of Fort Worth
1000 Throckmorton St.
,Fort"Forth,TX 7"4102
1988-2010 ACORD CORPORATION. All rights reserved.
ACCORD 25(2010/05) The ACORD►name and logo are registered marks of AO RD