HomeMy WebLinkAboutContract 44478 CITY I E�
Y
C ONTRACT NO�.,
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
a
THIS AGREEMENT is sae and entered into by and between. THE CITY OF FONT
WORTH, a home rule municipal corporation of Tarrant County, Texas 4�cltyl acting.
by and through its dull authorized City Manager or, its duly designated Assistant City
Manager "City or Planning and Development Director, and HUNTS
CROSSROADS, LP, a Texas limited par,n'er °"h.il , hereinafter referred to as "" icens,eet',
owner of the property located at the southeast con'ler of US Hwy 287 and Avondale
Haslet Road,, :fort Worth, Texas ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as an
approximately 9�.619 acre tract located in the M.E.P. and ".R.R.. Co. Survey, Abstract No.
131 in Tarrant Count, Texas as recorded in County Clerks Document No. D207'2914400,
Deed Records, Tarrant County, Texas ("Property"); and
WHEREAS, the City has a 25 foot wide water and sewer easement, a 15 foot
wide water easement, and a 15 foot side sewer easement (the, "Easement in the
property as shown on the map attached to this Agreement as Exhibit "'A" d
0
inc or rated ��ere'n an
WHEREAS, Licensee desires to construct/place and maintain private storm drain
facilities (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
WHERE AS, to accommodate the needs of the f.ice see, 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 consideration of the payment by the Licensee of the fee set out below
and the covenants and agreements hereinafter contained, to be kept and er o .ed 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 shorn Exhibit A for
the purpose of private storm drain facilities (the "'Encroachment""). Upon completion of
EOFFICIAL RECORI]D
CITY
20 12 Easement Encroachment A reernen C
RECEIVED MAY 2 4 2
FT WORITHv TX
the Encroachment, Licensee agrees to be responsible for maintaining any 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
Encroachi-nent, 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 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 they preparation of such plans and specificati,ons.
3.
Licensee agrees that City may enter and utilize the referenced areas 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 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 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 i,s
made more costly by virtue of the construction, maintenance or existence of the
Encroaclunent 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
2 012 Easement Encroaclunent Agreement-Commercial Page 2 of 9
Works or the Director of the Water Department of the City, or his duly authorized
representative.
4.
In order to defray all costs of inspection and supervision which City has incurred
or i incur s construction,ult of the cotruction maintenance, inspectio or management of
w as a re
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 ($275.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a f-ee in the amount of$.56 per square/jinear
foot of the encroachment area.
5.
The to 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 to s, of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if 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
easement to 'be used and encroached upon as described herein are held by City as trustee
s
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 -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 gas or electricity, or any other public
2012 Easement Encroach eat 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 purpose.
7.
LICENSEE COVENANTS AND AGREES TO I INI EMNIFV, AND DOES
HEREBV INDEMNIFY, HOLD HARMLESS AND DEFEND CITYI ITS
OFFICERS, AGENTS, SERVANTS., EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS, OR SUITS FOR PROPERTY
DAMAGE OR LOSS: ANDIOR 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 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, AGIB NTSI SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES,
8.
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*.
10 *I*A
$1,000,000 Commercial General Liability
with the un of derstanding and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
2012 Easement Encroaclu-nent Agreement'-Comniercial Page 4 of 9
immediately following notice to Grantee of such requirement,. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (1'0) days prior
written notice 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 agrees to, suomit
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 to 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 a
,grees 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 vncroachment 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
Worths,, Texas.
1.0.
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.
it.
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-Commercial Page 5 of 9
..........
12.
Licensee coven-ants 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 I.icensee shall have exclusive control of and the
exc,lusive right to control the details of its operations'. and all persons performing same,
and shall be so�lely 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 I its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between C ity and Licensee.
13.
Licensee agrees and acknowledges that this Agreement 'I's 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 which 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 an reasonable attorney's fees.
15.
INTENTIONALLY DELETED
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
written approval of City, and any
pnvileges or duties under this Agreement without the I
attempted assignment without such written approval should be void, provided, however,
2012 Easement Encroachment Agreement-Co nunercial Page 6 of 9
..................
Licensee shall have the right to assign this Agreement to any party, purchasing the
Property, at which point, this Agreement shall be deemed assigned to such new owner
and the Licensee and Assignee notify the City within 30 days, of the assignment.
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 upIon the parties hereto,, their successors and
assigns.
EXECUTED this day of M10 C", 21011�
Cyit
I. Licensee,.,
City of Fort Worth HUNTER CROSSROADS, LP
a Texas limited partnership
by: HUNTER CROSSROADS GP, LLB"
a Texas limited liability corgi. any
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'1'1'y com
By:
By:
Name.-
RANDLE I- WOOS Title: MX*rn9.r 0� W%I 6-14W4%4r*�
D,[RECTOR
PLANNING & DEVELOPMENT
AIL
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0410
AII ,
T bo roved As To Form and Legality
ATEST.- ps a --
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Q0 000
ity Secretary nt City Attorney
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STATE OF TEXAS
COUNTY OF TAR. NT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas on this day personally a l
eared p� 6>k known to me to be
P _111/11C2� -_
the person whose name is subscribed to the foregoing *instrument,, and, acluiowledged to
me that he/she executed the same for the purposes and consideration therein expressed, as
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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
---------- ------
-----------
RMA SAES
Notary Public Notary Public 'in and, for the St of Texas
STATE OF TEXAS
My Comm,Expl,.Jan.28,2016
2012 Easement Encroachment Agreement-Commercial Page 8 of 9
..................... .................
STATE OF TEXAS
COUNTY OF TA DI>'A` N' T
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WOO )LI )11�
BEFORE ME, the undersigned authority, a o and for the State of
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Texas, on this day personally appeared Typcna „'6Y�n'v��x��"N�urfirmr��flr'�iruiA'wV l ,��i�I w rrvNN'M rfv�if�nvf�or.
known to
me to be the person whose na ne, is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes, aril consideration
therein expressed, as the act and deed of HUNTER CROSSROADS, L and in the
capacity therein stated.
G V EN UNDER MY HAND AND, SEAL OF OFFICE this, day of'
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f9
Notary mu l e in and ior the
State of I1 exas
NotorY Public,Mite Of T Ef C
My Commission E
FebrUOrY 07v 201,
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ACORpmCERTIFICATE OF LIABILITY INSURANCE DATE(
I Q3/22/2013
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ATION NLY AND CONFERS N01 RIGHTS UPON THE CERTIFICATE HOLDER.'CHI';
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ELY AME D,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: 11 the rtific to holder Is an,ADDITIONAL INSURED,the poll y les moult be endorsed. If S BROGAN T"OIL IS WAIVED,9.ubject to
the terms and conditions of the policy,certain policies may require an endorseITIent. A statement awn,this certificate does not confer rights to the
certificate holder in heir of such endorsement(s),
PRC DUC E R �a Ham l ton
NAME;
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Woo Wilson Company, Inc. (AI rI .Ext (9'72)781-4915 Ad c,raQ.(972)699-98501 FA
lrsla�ralcIIncicrrices
ADDRESS: hamilton0woodwilson.com
8131 L133 Freeway, Suite 220 INSI URER( I AFFORDING COVERAGE ... NAIC#...
Dallas, TIC 7S251 INSURER A 7 Continent Casualty
III suRED unte Eros ► it LP",Hunter Crossroads....
LLI ; Investors Crossroads, LP',; INSURER Cn�
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INSURER c
890 W. Northwest Hwy. , Suite 100 INSURER E
Dial li as, TX 75220 INSURER F
COVERAGES CERTIFICATE NUMBER: 2012/2013 Crossroads REVISION NUMBER-,
TRATTRE P f 1C_I_ES OF IN ISSUED 0 m-HE INSUTT f ICI D M " I `F nit56
NT' TERM C I CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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CERTIFICATE MAY BE ISSUED OR MAY P'ERT'AIN,THE INSURANCE AFFORDED BY THE P LIC(ES DESCRIBED HEREIN IS SUBJECT TO,ALL THE TERMS,
EXCLUSIONS NS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE TEEN REDUCED BY PAID CLAIMS,.
Sug,LTR TYPE Cep INSURANCE ...�,... �� �.. LIMITS
_. _. Im WO POLICY NUMBER 1MMj0PffM1..('MM1DD`1YYYY1
GENERAL LIABILITY 04GL 0 4 `2 121'1512012 *12115/2013 EACH OCCURRENCE $ 1100 . +
oDAMACIE MER IAL GENERAL LIABILITY PREMISES �
C;,C�11► 0 10 000
CLAIMS-MACE OCCUR MED EXP(Any erne er on) T EXCLUDE
x PERSONAL&ADV INJU RY $ 1 1 000 It 0
GENERAL AGGREGATE S 210100
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L AGGREGATE LINT APPLIES PER: PRODUCTS-COMP/0P Aai $ 2 000
IOLICY 28T LCC
AUTOMOBILE LIABILITY 014C '2 7 31'9 1211612012 '12/1, $ 11000
ANY AUTO BODILY INJURY(Per person)
ALL OWNED SCHEDULED F OD1Y INJURY(Per accident) $
AUTOS AUTOS
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RIIhAp3REl.L.A LIAR 0 XS 1"x'"908 121'16120,1 2 12/1612013 EACH OCCURRENCE $ 530007000
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WORKERS COMPENSATION
AND EMPLC YERS°LIABILITY Y l TC�I?Y LI MITS �"
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OFFICER EMBER E I-U NIA
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DESCRIPTION OF OPERATION,t LOCATIONS I VEHICLES LES (Att c hd AC ORD 101,A ddRion l Remarks r Schedule,If more space Is required)
E: Hwy 287 & Avondale Hasa ett ltd, Fort Worth, TX 76179
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CERTIFICATE ATE HOLDEN CANCELLATIO14
SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED I EFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL RE DELIVERED IN
ACCORDANCE WITH TH E'POLICY PROVISIONS.
CIO ty of Fort Worth AUTHORIZED REPIESENTATIIV'
1000 Throckmorton
Pulr,t Worth, TX 76102 Lamar' i 1 sonii/mmzp @ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 M%05) The ACORD name and logo are registered marks of ACORD