HomeMy WebLinkAboutContract 46986-CA1Date Received: 4/3/2024 Permit Number: PN24-00028
Time Received:
4:09 p.m.
City Secretary Number: 46986-CAl
PARTIAL ASSIGNMENT, CONSENT AND AMENDMENT OF EASEMENT
ENCROACHMENT LICENSE AGREEMENT
City Secretary Contract No. 46986
THIS PARTIAL ASSIGNMENT, CONSENT, AND AMENDMENT OF
ENCROACHMENT LICENSE AGREEMENT ("Assignment") is made and entered into as of
this 3rd day of April 12024 , by and between the CITY OF FORT WORTH, a
Texas home -rule municipal corporation ("City"), LG Centreport 1, LLC, a Texas limited
liability company ("Assignor"), and E & A Centreport, LLC, a Texas limited liability company
("Assignee"), and Taco Bell of America, LLC, a Delaware limited liability company
("Licensee"). City, Assignor, Assignee or Licensee may also be referred to individually as a
"Party" or collectively as the "Parties" herein.
WITNESSETH:
WHEREAS, the City entered into an encroachment agreement, City Secretary No. 46986
(the "Encroachment Agreement") on the 4th day of September, 2015, with Assignor, which was
at the time the owner of Lots, 5, 6 and 7 in Block A, Centreport, an addition to the City of Fort
Worth, Tarrant County Texas, according to the plat recorded under Instrument No, D215252860
in the Real Property Records of Tarrant County, Texas, as shown on Exhibit "A" attached hereto
and incorporated herein for all purposes and such property is located adjacent to or near the City's
15-foot wide Water easement. Lot 7 shall be referred to herein as "Lot 7" and is shown on Exhibit
"A" attached hereto;
WHEREAS, the Encroachment Agreement was recorded the 11 th day of September, 2015,
as Instrument No. D215207026 in the Real Property Records of Tarrant County, Texas, a copy of
which is attached hereto as Exhibit `B" attached hereto and incorporated herein;
WHEREAS, the Encroachment Agreement allowed for certain infrastructure systems
including Private Underground Storm Drain Lines and Inlets to encroach upon the City's Water
easement in three (3) separate locations, one encroachment being located on Lot 7;
WHEREAS, the Assignor has conveyed Lot 7 to Assignee and now desires to assign its
interest in the Encroachment Agreement as related to Lot 7 to Assignee;
WHEREAS, Taco Bell of America, LLC presently maintains a leasehold interest on a Lot
7, effective from May 29 2015 to May 31, 2041, with options to extend;
WHEREAS, the City approves of this Assignment; and
WHEREAS, it is the mutual desire of Parties to execute this Assignment.
4873-2546-3986, v. 2
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor. All
rights, duties, and obligations arising, accruing, or relating to the period after the Effective Date
pertaining to Lot 7 shall be allocated to Assignee. All rights, duties, and obligations arising,
accruing, or relating to the period after the Effective Date pertaining to Lot 5 and Lot 6 shall remain
allocated to Assignor per the existing Encroachment Agreement.
2. Assignor hereby assigns, transfers, and conveys all of its rights and interests, and
Assignor hereby delegates it duties and obligations under the Encroachment Agreement as related
to Lot 7 to Assignee.
3. Assignee hereby accepts the Assignment granted herein, and beginning on the
Effective Date, hereby assumes all of Assignor's rights, duties, and obligations arising under the
Encroachment Agreement as related to Lot 7.
4. Assignor has full right, power, and authority to enter into this Assignment, to make
the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee
has the full right, power, and authority to enter into this Assignment, to make the representations
set forth herein, and to carry out Assignee's obligations hereunder.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as related to
Lot 7. Assignee will have no obligations under the Encroachment Agreement except as related to
Lot 7.
6. Assignor represents, warrants, and covenants with City and Assignee that as of the
Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment
Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted
herein should not be construed as consent to any further assignments. The failure or delay of City
in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not
be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach
of the terms and provisions therein or herein contained.
4873-2546-3986, v. 2
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt
requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other
Party at the address set out below or at such other address as the receiving Party designates by
proper notice to the sending Party.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
LG Centreport 1, LLC
3500 Maple Ave Suite 1600
Dallas, TX 75219
Assignee
E & A Centreport, LLC
5301 Southwest Parkway Suite 400 Corpora
Austin, TX 78735
Licensee
Taco Bell of America, LLC
One Glen Bell Way
Irvine, Ca 92618
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in
the Real Property Records for Tarrant County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance
from the Assignee attached to this Assignment as Exhibit "C". So long as the Licensee has a
leasehold interest in Lot 7, Licensee shall obtain and maintain the insurance required in Section 8
of the Encroachment Agreement.
12. Section 16 of the Agreement is hereby deleted in its entirety and replaced with the
following:
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 the City,
4873-2546-3986, v. 2
and any attempted assignment without such written approval shall be void. In the
event Licensee conveys the Property, Licensee may assign all of its rights and
obligations under this Agreement to the new owner of the Property, and Licensee
shall be deemed released from its duties and obligations hereunder upon City's
approval in writing of such assignment, which approval shall not be unreasonably
conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment
to a secured lender by Licensee in the event of default or otherwise shall not require
City approval provided that said lender notifies City in writing within sixty (60)
days of such foreclosure or assignment and assumes all of Licensee's rights and
obligations hereunder. However, no change of ownership due to foreclosure or
assignment to any secured lender of Licensee shall be effective as to City unless and
until written notice of such foreclosure or assignment is provided to City."
13. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
14. This Assignment may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
4873-2546-3986, v. 2
ASSIGNOR:
LG Centerport 1, LLC,
a Texas limited liability company
by: LG Capital, LLC,
a Texas limited liability company,
its manager
13y: 9-1.4 (��
Name: Joshua Canafax
Title: CIO
Date: 2d, 2c)2L/
I
STATE OF Coio RPm o §
COUNTY OF EL PAS& §
This instrument was acknowledged before me by Joshua Canafax, as the CIO of LG Capital, LLC,
a Texas limited liability company, the manager of LG Centerport 1, LLC, a Texas limited liability company
on behalf of said company.
CRYSTAL Y SHEPLEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194035076
My Commission Exipime: September 12, 2027
XStaf
�
Notary ublic,Gol �aclo
4873-2546-3986, v. 1
LICENSEE:
Taco Bell of America, LLC,
a Del wa e limited liability company
By: kR C -
Name: Kristina de la Rosa
Title: Assistant Secretary
Date: �A AfVl h 29, 2o A q
STATE OF
COUNTY OF M P vj t-, §
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On March 28, 2024, before me, Christy L. Sobiesiak, Notary Public, notary public, personally
appeared Kristina de la Rosa, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CHRISTY L. SOBIESIAK
Notary public - California
San Bernardino County
(Seal)
Commissions Mar
23. [
`"t�°�`"My Comm. Expires Mar 23. 2025,e
Signature Seal � l
4873-2546-3986, v. 2
ASSIGNEE:
E & A Centreport, LLC,
a Texas limited liability company
Eddie Harouni, Manager
Date: `3 -- Z-� '?-- 0 Z-�k
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Los 4r )
On "A V--C'A 2024, before me, Lesb'a ku w A � A notary
public, personally appeared Eddie Harouni, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
*my
LESLIE KUWABARA
Notary Public • California
Los Angeles County
Commission p 2359931
Comm. Expires Jun 29, 2025
(Seal) !
4873-2546-3986, v. 1
APPROVED AS TO FORM AND
LEGALITY:
FWBC Sec. 3210
Jeremy Anato Mensah, Assistant City Attorney
City Attorney's Office
Date: Apr 3, 2024
FORT➢P
�ATTEST• =o
CJ, Pa� °E�p564a
Jannette Goodall
City Secretary
(M&C not Required)
Date: Apr 3, 2024
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF FORT WORTH
Da[to n J. Harrell VXr3, 2024 11:34 CDT)
DJ Harrell, Director
Development Services Department
Date: Apr 3, 2024
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
-,Pebeccg -Plane �wen
Rebecca Diane Owen (Apr 3, 202411:31 CDT)
Date: Apr 3, 2024
Rebecca Owen
Development Manager
This instrument was acknowledged before me on the 3rd day if April , 2024 by DJ Harrell,
Interim Director, as the Director of the Development Services Department of the City of Fort Worth, a
Texas municipal corporation on behalf of the City of Fort Worth.
�Pa� PLe WENDY L BEARDSLEE
o Notary Public
EXAS
STATE OF T
2
ti Notary I.D. 13323719-2
July 28,025
My Comm. Exp:
4873-2546-3986, v. 2
Notary Public,, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
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OWNERS
PLATMIM 6H51L LP,
A TEXAS IIMITEO PARTNERSHIP
6350 0ER RIOL BLMT.
FORT WORTH, TK 76132
PHONE: C017) A - ..
CONTACT. APRL. KEKOWN
LC CEAIREPORT 1, LLG
A TEXAS LIMITED PARTNERSHW
2311 CEDAR SPRP . 12W
DALLAS. TEAS 75201
PNONE: C21A) .5-B000
CONTACT: 2ALL TOLIV R
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PRELIMINARY PLAT CASE NUMBER PP-16-016
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CENTREPORT
LOCATED N 1M WiIZNT .IIBH0— 6U— A-68t
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TARRANT —1. TEXA6
CbAMEREAL LOTS
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PIATINUN IS II, "1
A TE%AS LWITED PARTNERSHIP
8350 O—To RIM Bm.
PORT WORTH, TX 76132
PHONE. (8TT) 989-TB00
CONTACT. APRIL KCHOWN
LO CFNTREPORT 1, L-C,
tEXAS LIXNTEo PARTNERSHIP
231' CEOAR SPRNOS. 8200
D—S TEXAS 75201
PHON_: (2,4) 885-8080
CONTACT: 1 1 ..—
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SE NUMBER FP-15-OBB
PoTEIIAnNARY PLAT .. xLMBER PP-11
— PLAT
LOT 1-7, BLOCK A
CENTREPORT
IDLATEo IN RIf NNCFNT J. HUT— SI.RbEY A —
AN A T. TO — CITY OF FORT NORTH,
TARRANT C .TY. TIXAs
--AL Lon
AuC 2015
91f£i 2 OF 2
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EXHIBITIC
Jq'7 TARRANT COUNTY TAX OFFICE RONWRIGHT
100 E. WwOrerford, Rwm 105 • FoH Worth, To- 7619"301 • 817.884-1100 Tax Assettas-CoBaler
., * •*•. ddalraco—decoenry.cam
TAJt CERTIFICATEFOR AC COUNT' 0-3E7367 DATE: 11/42 PAGE 1011
AD NUMIIER' A, 1 2805 FEE' 510.00
OF-ItCATE NO: 56213005
Cd I ECTING AGENCY HUTTON, VIN NTURVEY
RON MIGHT A.1 TR MD6
PO BOX Mall;
FORT WORTH TX 76151-0018
OOc000DXIGHWAY3 0
raFOl STED BY 4U8ACRES
CRES
LODGEBTAR INVESTMENTS, LTD PROPETYIY OWNER
FORT WORTH CITY OF
6550 OVERTON RIDGE BLVO
FORTWORTH TX M132 1DOOTHROCKMORTONST
FORTWORTH TX 761026311
-I Is to certify that the ad valorem records of Ns To— County Tex Asseeaw-CoOeeloi reOEcl the tat. Interest. and alher
siatutnyfeed Thalhavebee^assessed awl we now tluetothe d, enl10esantl Tarfheyearssalout Of tow farthe tles odoe,
p%erly herein. The Tarrant County Tax Aasessyfor tthe Y makes no ter "lie ion as b 0le amount of Mx, peed- Inll.—
.ner foes esseased Dr «due any 11." ,^lily far the year w ypara fw d" the Torrent Counr Tax gssesaor I I too
did net have 01e atalldery duty IP ethed t ar keep h a s, s of asea wlledlon. Atldi;ioI, taxes may became due on tho
deswtbed prat m y. which are not elk P,. herein, If tau add, described property has or is recewm9 ffi sf—.
vp.—II d inai may tlpgerlax ro0back prpyisiona. This cemdwN apalies W atl valorem taxes only and tloes not apply to ang
specal assessmerd levies.
YEM TAx UNI, I AMOUNT WE
2015 CITY OF FORT WORTH D,00
2015 HURST-EULESSBEDFORD IGO 0.00
2015 JPS HEALTH NETWORK OOO
2015 Tsoand County DW
2015 TARRANTCOUNTY COLLEGE moo
2015 TARRANT REGIONAL WATER DIST, 000
Tura. I 560D�
ISSUED TO LCDGB2I INVEBThIENTS. LTO
ACCOUNS IiUMSER: aD0A138T307
TOTAL Cy .-. iAX: So ad
eY; l7 /)��`1lV\ TMRhtlT COUNTY TA%OFFICE 1 Illf rrr..
TARRANTCOLNTYTAXOFFICE
MARY LOUISE GARCIA - ••c"6mjf.,
Sas '1i
COUNTY CLERK
LOOGESTAR INVESTMENTS
6350 OVERTON RIDGE BLVD
FT WORTH, TX 81798-9780
'`aR 11dIp1Y••.
TARRANT COUNTY TAX OFFICE RON WRIGHT
100B. wdlw(oN.Romt IM • Fart Worth. lNuos 761960301 • 917-884-IIWI 2 YAs"sti:ildBF-GBIIEdIDe
mxoffrce®Iarred—dayconl
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7
TAXCERTIFICATEFOFIACCOU -0413E7375 GA1E: 111-011 PAGE 1 OF 1
AD NUMBER'AEEI ffi E
Ces-ICATENO: BE214000 FF—rTpSF101k1 CY�Iaui�,�ON Yt
COILECr m—ENOY HUlYON. I I fEI�R J SURVEY r
RON WRIGHT A681 TR 2P
PO BOX 0101a
FORTWORTH TX 76161.001 .I
OIX W TRINITY BLVD
REDUESTC-0 BY
LODGESTAR INVESTMENTS, TO FROPERTy ORTWORTH.CI-
FORT WORTH, CITY OF
6350 OVERTRIDGE BLVD
FORT WORTH
TX 76132 1000 THROCKMOR7 FORTWORTH TX 761026311
This is to derdly that the ad v0I rem Mosall of Iha Tananl COUmy Tax Ass ... w COIIaCIw reflect the tax, i^lemst, and ¢thee
staluloyhouslhmhseebeenaa s da^tlarenowdueiolha laxinUenfidae and fwihs ye rssal ON below for the described
propertyharem. The Tenant e u � Tes sasessor-Coflagor makes no cxOfrcMfon ae fo the amount or,.
penahy, i.. bad
r trar fees assessed by ar d ny taen0 enbly fw the year or years far which the TermM LOanIY Taz Assessor-Coll¢etar
did nol have the sIeINOry do to Ilacl o keep records of such .1-Ion. Add'teral taxes may became due on the
cniretl propclY. whiN om I mflectetl herein if
fhe saltl tlescribetl property nee or is racgving any special statutory
valualtons Ihst may IdBDert� Ilbaak provisions. This ceHlflwb: apples to ad valorem level only and does rat apply to any 1�
special aa.—r e s lewas.
yEPR I TAx U4R -I AMUDNTOUE ` 1'�
201a CITY OFFOR WORTH O.Do
2014 HURST{ULE 5-BEOFORD 1tiD Opp
2014 JPS HEALTH E-TWORN
0.00
201a Tamant County OOO
2U14 1 H7T NTY COLLEGE O.W
2014 TARRANT R IDNAL WATER DIST. 000
TDTAL 50.00
ISSUED TO WDGESTAR INVEST ENTS, LTD
ACCOUNTNlhABFT X, S".w73T '
TOTAL Cheri TAx: S3.DD
BY: f - IARRANT COUNTY TAx OFFICE
BY: �a / yaNFgNT COUMY TAx .,VICE IYl
TAXER FOR THE CURRENT 7
�ENOT!'BEEN ,
RFvaF ma
y-_ Y I s connTy'
100West Weathertprd Foa Wodh,TX 76196-G401
PHONE (817) 884-1195
Submitt- LODGESTAR INVESTMENTS
- DO NOT DESTROY
WARNING - THIS IS PART OE THE OEFIL'fAl RFrnun
Filed For Regislrahon: 1102015 11 A6 AM
Instrument#: D215252860
PLAT B PGS $77.00
D215252850
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE OESCRI8ED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL TAW'
9
0
T COUNTY TAX OFFICE RON WRIGHT
105 • Fen Waab, Tiod, 76196-0301 • 81T-88e-1100 Tax Assessor-Callertar
toxamesemrred.-Y.wm
TAXCEFITIFTCATE FORA
T:OOWG4TI03) 1107E il-15 PAGE 1 OF 1
PD NUMOER A6at.2D@
CERTIFICATE NO 66213906
FEE '510.0 4
R ERTY(1 TION
d11_�n�
10N, VMICENT J SURVEY
RON WRIGHT
A681 TR 2DO2
PO BOX 961018
FORTWORTH TX 78161.001
ODODIXp HIGHWAY360
5.343 ACRES
LO 1 VESTMENTS,
PROPFRIY D CITY
TO FORT WORTHH CITY Of
63WOVERTON RIDGE BLVD
FORT WORTH TX 76132
i0pp 7HROCKMORTON ST
FORT WORTH TX 761026311
Thla a is cw5fy that the ad
reau d, of the Tarrant County Tax Aseesso, Cdldoha o;Bed the lax, "I""" antl Other
statutory fees that have been aLsued
and are now due to the faxirg enfities antl for the years set out below for the described
property herein. The Tarrant CWWWWQQuuMn
Tax AssessorLallecformakw npcertifxatipn as 10 the amount of lax, penally, interest.
or oNer fees assessed by Or da
did -1 have the statutory dui
y taxing entdy for the year or years far WtIGI the Tenanl CowN Tax AssessoLGnllec[Of
to tolled or keep records of such call -ion. Additional taxes may become due On the
described Ixapedy, which are
—ii.ns chat maytrigger lax
1 reflected herein, if the .0 described pmpe^y has ar is --il airy sP--d st'toutory
]the. provisions. This certilood. applies fo ad valorem taxes only antl does rot aFpN Y
t spec.a!assessmenticries
YEPA
TAx UNIT AMOUNT— 1
2015 CITY OF FORT
WORTH O.DO 1
2015 HURSTEUL
S-SEOFORD IRO - 0.00
2015 .1PSHEAI.TN
TWORK 090
W15 Tatranf CaandY
DDO
M15 TARRANTCOUNTY
COLLEGE 0.00
MH5 TARRANT RE
ZONAL WATER OIST D.DD
TOTAL 50,00 I
ISSUED TO: LODGESTAR INVE
ME—. LTD ,
ACCOUNTNUMBER ODWE47—
TOTAL
BY:
_ _ TARRANTCOUNTYTAXOFFICE
Ip"
�JAIiRANT,000NTYTAXOFFICE i'l `�:i.'1lH (t (' ,
(I
i.
EXHIBIT B
GUYSECRIRAW
CONTR T NO.
EASEMENT ENCROACHMENT LICENSE AGREEMENT.
d ff oo j` Commercial
THIS AGREEMENT 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 Planning and Development Director, and LG
Centreport 1, LLC, a Texas limited liability company, hereinafter referred to as
"Licensee", owner of the property located at 4290 Highway 360, Fort Worth, TX 76155
("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Tract
2b05, Tract 202, Tract 2p in the Vincent J. Hutton Survey, Abstract 681, an addition
to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document
No. D215048411 or Volume and Page No. (N/A) of the Real Property records of Tarrant
County ("Property"); and
WHEREAS, the City has a 15 foot wide Water easement (the "Easement") 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 Private
Underground Storm Drain Lines and Inlets which will be into the Water Easement in
three (3) separate locations (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 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 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 location shown Exhibit A for the
purpose of constructing private storm dra&r_system-,,-(thc "Ever achment"). Upon
2014 Easement Encroachment Agreement -Commercial , FICIA �`� IC Y Page 1 of 10
RECO
i
completion of 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
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
2014 Easement Encroachment Agreement -Commercial Page 2 of 10
Works or the Director of the Water Department of the City, or his duly authorized
representative.
U
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 sum of Three
Hundred and Twenty Five Dollars ($325.00).
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 purpose.
2014 Easement Encroachment Agreement -Commercial Page 3 of 10
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, 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,
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, AGENTS, 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:
$1,000,000 Commercial General Liability
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
written notice to the Building Official of the City of Fort Worth. A copy of such
2014 Easement Encroachment Agreement -Commercial Page 4 of 10
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.
2014 Easement Encroachment Agreement -Commercial Page 5 of 10
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 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.
2014 Easement Encroachment Agreement -Commercial Page 6 of 10
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 Planning and
Development Director, 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.
r
EXECUTED this day of°;� , 20-S
i'
City Licensee:
City of Fort Worth LG Centreport 1, LLC,
a Texas limited liability company
C
Candle
Planning and Development
By: LG Capital, LLC,
a Texas limited liability company
�vs\
By:
2014 Easement Encroachment Agreement -Commercial
Name:
Title: �. &
OFFICIAL ECORI
CITY SECRrA3,?V Page 7 of 10
T. VVORTH'
ATTEST:
k_)3` City Secretary
Approved As To Form and Legality
Ulf,
Assistant City Attorney
2014 Easement Encroachment Agreement -Commercial Page 8 of 10
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 Randle Harwood, 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 this day of
20 l C
IRMA SAENZ
Notary Public Notary Public in and for the State of�exas
STATE OF TEXAS
o'e' My Comm. Exp. Jan. 28, 2016
2014 Easement Encroachment Agreement -Commercial Page 9 of 10
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 Will Toliver„ Executive Vice President, 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 LG Centreport I, LLC, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .day of
�.� W..„ �. __,. �,... �... ......... .�„.....
NE®R A LEACH
Notary Public, State of Texas
My Garnmission Expires
June 07, 2fl16
Notar tub,�ic in and for the
State of Texas
2014 Easement Encroachment Agreement -Commercial Page 10 of 10
LOT 1, BLOCK ADDITION
I
CENTREPORT ADDITION J
INST. NO. D211180645
)E _
REGGIS COURT c
(60' RIGHT—OF—WAY)—
I I
I �
I
I I
I
I LOT 2
135,722 SQ. FT. I
i 3.1157 ACRES
I
r
r
PRIVATE LRM DRAIN
ENCROACHMENT NO. 3 INTO
WATER EASEMENT — 33 SQ. FT.
PRIVATE STORM DRAIN r
ENCROACHMENT NO. 2 INTO r Q
-------- I WATER EASEMENT — 70 SO. FT. /
-� _ _ _ __ O
.?�: ------------------ o
--------- I ��------------- _ ``'
r
__ _ _ _ _ _T`
6' PUBLIC PEDESTRIAN ACC
EASEMENT 15' WATER EASEMENT ESS I — — — — t- — I itLRE
F I I I
Z
ci I I I } 6' PUBLIC PEDESTRIAN
ti¢ I I F c I ACCESS EASEMENT
oM�_ WW i I I } W z LOT 7 U a
am I 1 Io w 1 N N 39,189 SQ. FT. II 1 0
1 I irm� LOT 6 -w w ui ( W a 0.8997 ACRES
w m
m mw i ( I w (L' 60,747 SQ. FT. � w w a i s 11 Y a .-
< j D.uI ¢< 1.3946 ACRES a ix
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----- --'--------- !— ----- ZT- z
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----- — — NORTH BOUND SERVICE ROAD
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
naeo
RIVATE STORM DRAIN STATE HIGHWAY 360
ENCROACHMENT NO. 1 INTO (VARIABLE WIDTH RIGHT—OF—WAY)
WATER EASEMENT — 101 SQ. FT.
O' 100' 200'
GRAPHIC SCALE
Hl8ON
NORTH
ENCROACHMENT TABLE
ENCROACHMENTITEM SQUARE FEET
PRIVATE STORM DRAIN 33
PRIVATE STORM DRAIN 70
PRIVATE STORM DRAIN 101
TOTAL ENCROACHEMENT AREA = 204 SQ. FT
EXHIBIT A
EASEMENT ENCROACHMENTS
LCG CENTREPORT PHASE III
SH 360 AT SOVEREIGN ROAD AND CENTRE
STATION DRIVE
FORT WORTH, TEXAS
j Dj
ENGINEERS AND CONSULTANTS, INC.
' R ` TSBPE REGISTRATION NUMBER F-8527
ENGINEERS • SURVEYORS • LAND PLANNERS
2500 Texas Drive Sate 100 Irvmg, Texas 75062
Tel 972-252-5357 (JDJR) Fax 972-252-8958 1 of 4
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I ( PROFILE ENCROACHMENT NO. 1
X X
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( LCG CENTREPORT PHASE III
SH 360 AT SOVEREIGN ROAD AND CENTRE
+50 0
STATION DRIVE
FORT WORTH, TEXAS
ENGINEERS AND CONSULTANTS, INC.
j Dj R
TSBPE REGISTRATION NUMBER F-8527
ENGINEERS • SURVEYORS • LAND PLANNERS
SCALE: 1 " = 50' H
1 is = 5' V.
2500 Texas Drive Suite 100 kving, Texas 75062
Tel 972-252-5357 1JDJR1 Fax 972-252-8058 2 of 4
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-- PROPOSED Q10D = 48.79 CFS i �Ar =
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D=1.90FT �-
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INSTALL 164 LF 1017 I 500
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�I I �
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FILE ENCROACHMENT NO. 2
I I PRO
ml M �I �I ZIP
0 0 0 0 0 LINE SD-6
mI " I t 1 toI m LCG CENTREPORT PHASE III
+50 1 +50 0 SH 360 AT SOVEREIGN ROAD AND CENTRE
STATION DRIVE
FORT WORTH, TEXAS
j Dj R
ENGINEERS AND CONSULTANTS, INC.
TSBPE REGISTRATION NUMBER F-8527
ENGINEERS • SURVEYORS • LAND PLANNERS
SCALE: 1" = 50' H
1 to = 5' V. 2500 Texas Drive Sdte 100 Irving Texas 75062
Tel 072-252-5357 1JDJRt Fax 972-252-8958 3 of 4
5321
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EXHIBIT A
PROFILE ENCROACHMENT NO. 3
LINE SD-7
LCG CENTREPORT PHASE III
SH 360 AT SOVEREIGN ROAD AND CENTRE
STATION DRIVE
FORT WORTH, TEXAS
j Dj RI ENGINEERS AND CONSULTANTS, INC.
TSBPE REGISTRATION NUMBER F-8527
ENGINEERS • SURVEYORS • LAND PLANNERS
2500 Texas Drive Me 100 Irving, Texas 75062
Tel 972-252-5357 (JDJR) Fax 972-252-8958 4 of 4
EXHIBIT C
REVISED CERTIFICATE OF INSURANCE