HomeMy WebLinkAboutContract 44682 c
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Coninwreial
THIS AGREEMENT E T is made and entered into by and between THE CITY OF FORT
WORTH, a home rule municipal corporation off arrant County, Texas ("City"), acting
by and through its duly authorized City Manager or its duly designated Assistant City
'tanager("City")or Planning and Development Director, and Northwest Pipe Company,
hereinafter referred to as "Licensee", owner of the property located at 351 Longhorn
Road,Saginaw,Texas 76179("Property"
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Santa Fe
Northwest Industrial.Park,Lot 11 ,Block 2,an addition to the City of Fort worth,Tarrant
County, Texas as recorded in County Clerks Document "No. D2/3058988 of the ;Deal
Property records of Tarrant County("Property");and
WHEREAS,, the City has a. 35 foot wide sewer easement, 15 foot wide suer
easement, and water easements (the "Easements") 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 two 1-1/2" water
lines which.will serve a construction trailer and shipping oft'ce(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!pity will allow the
:Encroachment under the terms and conditions as set forth in this Agreement.
N �W,THEREFORE,the City and Licensee agree as follows:
AGREEMENT
T
1.
The City,in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be Dept and performed by the
Licensee, hereby grants permission to the IAcensee to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown Exhibit A.for the
purpose of constructing two 1-1/2"water lines (the "Encroachment"). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining any and all
2012 Easement Encroadmient Agreement-Commerc al LOFFICIAL C Page 1 of Jr,:6 12,0 w, C 9
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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 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 the preparation of such plans and specifications.
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 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.
012 Easement Encroachment Agreement-Commercial 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 surn 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, 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
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 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
purpose,whether presently contemplated or not,that the parties agree to negotiate in good
faith in order,to accommodate the Encroachment and the public pur ►ose.,
2012 Easement Encroaclu-nent Agreement-Commercial Page 3 of 9
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND 'DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, IT
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS
FROM ANTI AGAINST ANY AND ALL CLAIMS OR SUIT'S FOR PROPERTY
DAMAGE OR LOSS ANTI/OR PERSONAL INJURY, INCLUDING DEATH, T
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION 'ITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY,, USE, EXISTENCE OR LOCATION CATION CIF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF
I►FF'I :ER , 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 Y 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,SUBCONTRACTORS9 LICENSEES,OR INVITEE .
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 risk related to the
proposed use and occupancy of public property as located and described in Exhibit"A".
The amounts of such insurance shall he not less than the following:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Licensee that such insurance amounts shall
he 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 he canceled or amended without at least ten. 10 days prior
written notice to the Building Official of the City of'` Fort Worth. A copy of such
2012 Easement Encroachment Agreement-Commercial Page 4 of 9
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.
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 Dicroachment Agreement-Commercial Page 5 of 9
...................__.............. I'll
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
respondent 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 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 and reasonable attorney's fees.
15.
The parties,agree that.the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2012 Easement Encroachment Agreement-Coni.niercial Page 6 of 9
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1,6.
Licensee covenants and agrees, that it will not assign all or any, of its rights
privileges or duties tinder this contract without the written approval of City, and any
attempted assignment without such written approval should be void.
17.
Any use 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 hinging Uponthe parties hereto,their successors and
assigns.
EXECUYED this ayot 2W
City 1.41censee:
City of Fort Worth Northwest Pipe Company
A
.A 011,00
By: ko By,- L
Name:Richard L.Bauni
Randle Harwo Title: Senior VP and General Counsel
Director
Planning and Developnient
r
ATTEST-, ved As To Form and Legality
City S,e c i,(t z je Assistant City Attorney
OFFICIAL RECORD
2012 Easement Encroachment Agreement-Commercial 61TY k66ARY
IT WOR1119 TX
STATE OF TEXAS
COUNTY OF TAR ANT
BEFORE ME.,the undersigned aut . rity, ota ublic in a for the State of
Texas,on this day,personally appeared d n 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 ofthe City of Fort Worth,and in the capacity therein stated.
A
GIVEN DER MY HAND AND SEAL OF OFFICE this &-ftday of
20
CASSANDRA F.FOREMAN
o]
Notary PUbile,Stiate,ot Tex Texos
,"P MY commission Expifes
April 26,2017
Notary Public in and for the State of Texas
2012 Easement Encroachment Agreement-Commercial Page 8 of 91
STATE OF WASHINGTON §
COUNTY OF CLARK §
BEFORE, ME,, the undersigned authority, a Notary Public in and for the State of
Washington,on this day ersonally a, peared Richard L.Baum,Senior Vice president and
y P
General Counsel, 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 Northwest Pipe
Company,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the
State of Washington
'e2.
Notary Public
State Of Washington
CHRISTINE A. NUSOM
My COWSSION EXPIRES
March 25,201 tj
2012 Easement Encroa6ment Agreement-Commercial Page 9 of 9
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� CERTIFICATE OF LIABILITY INSURANCEPage 1 of 1 07/10/2013
THIS CERTIFICATE ATE IS ISSUED A S« Ary MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE D ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BET'IN'll''EEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HO3LD,ER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURE D,the policy(iiea)rnuattae endorsed.If »UBRO!GAw,TION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.Ak statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CCNTA T
Willis Oregon Inc. PIIK�NE.__ _.m_ T FAwv _.._ .
/, 2� Century Blvd. ( ,;° A 7,"9�45_ " .. �. ��� 888-467-2378_ __
P. 0 Box 305191 E-M�AII..
Nashville, TN 37230-5191
INSURER(S)AFFORDING COVERAGE NAIL
INSURERA Travelers Property Casualty Company of r 25674-003
INSURED Northwest Pipe CompanyINSURERS __J
5721 SE Columbia Way, Suite 200 INSURERC
Vancouver, WA 986,61
INSURER D-
INSURER E-
INSURER F.
COVERAGES CERTIFICATE NUMBER.20103031 REVISION NUMBER.
THIS IS TO,CERTIFY TH,T'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 NwN CIF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE NONCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO,ALL THE TERMS,
EXCLUSIONS NJID CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE,BEEN REDUCED BY PAID CLAIMS.
INSR OW�SUSi �POLICY EF POLICY EXP
TYPE OF INSURANCE PdLICY iW UMiI LiMrTS
IA GENERAL LIASILIiT' y ! 60226DO4511 11/1/2012 12 11/1/ 01 EACH OCCURRENCE ... 0100_ ._
DAMAGE TO RENTED �..,
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UMBRELLA L.IAB OCCUR EACI I?CCI�RREI�CE.
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DESCRIPTION OF OPERATIONS,I LOCATIONS TIONS I VEIMICLES(Attach Acord 101„Additonal Remarks Schedule,If more space Is required)
Re: Easement Encroachment Agreement
EXIrf B
CERTIFICATE HOLDER 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 Fart Worth AUTHORIZED REPRESENTATIVE
Attn: Cassandra Foreman
1000 Throckmorton St.
Fort Worth, TX 76102
Coll.-4150437 Tp1-. 547545 Certw:2010 031 @1988-2010 A C RD CORPORATION.All'rights reserved.
ALCORD 25(2N 101 5) The ACORB name and logo are registered marks of AC ,RD