HomeMy WebLinkAboutContract 44884 JU diftl S
41W
CONTRACTIN0.
aLL
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Cotninercial
THIS AGREEMENT is made and catered into by and between THE CITY OF FORT
WORTH, a horne rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorized City Manager or its duly designated Assistant City
Manager "City or Planning and Development Director, and cmc Trailer Distributors,
hic. hereinafter referred to as "Licensee", owner of the property located at 2500 Cold
Springs Road ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described .s Lot 1,
Bloc: 1, McCann Addition, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in County Clerks Document No. D206048828 or Volume 1520 and
Page No. 363 of the kcal Property records of Tarrant County ("Prop erty" and
WHEREAS, the City has a 30 f6ot wide water easement the easement" in the
property as shown on the reap attached to this Agreement, as Exhibit it "A"' and
incorporated herein and
WHEREASI, Licensee desires to construct/place and maintain an electric,
security fence (the "'Encro;clunent") and which will encroach ontorthe 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 trader the terrors and conditions as set forth in this Agreement.
THEREFORE., the City and Licensee agree as follows,
AGREEMENT
The City, in consi _eratlon of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be rcpt and performed by the
t
Licensee, hereby grants pernilssion to the Licensee to encroach- upon and occupy a
portion of the City"s Easement as described ire and at the location show Exhibit A for the
purpose of Installing a security farce the E: croa h-rent"). Upon completion of the
Encroachment,e t, Licensee agrees to be responsible for maintaining any and all structures
0 OFFICIALI RD
FFK E OR
2012 Easement Encroachment Agreement-Con-u-nercial CITY SECRjkT#?Tf
F" I
Ta WORTH,TX
NIECEI
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 exb1bit(s) attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall, comply and be performed it 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 anytime for
r 0 i i ts, public
the purpose, of installing, repairing, replacing or maintaining improve to
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 construct-ion., 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 oftie Water Department of the City, or his duly authorized
representative.
2 10:12 Easement Encroachment Agreement-Comi-nercial 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 sum 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, co�n-imencing 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 nor-compli'ance and I i it not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is farther 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 to 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.
2 0112 Easement Encroachment Agreement-CommerclaJ Page 3 of 9
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITE", 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,Y SONS, O WHATSOEVER R CHARACTER,
ARISING OUT OF O IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHET HER OR
NOT CAUSED IN WHOLE OIL IN PART, BY THE NEGLIGENCE OF
OFFICERS,, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED! I IAL S OR INVITEES,
E CITY* AND LICENSEE E ASSUMES ALL LIABILITY ITY 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 OR IN CONNECTION WI II 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 ffirnish City with a
Certificate of Insurance, naming City as certificate holder, as r olf'that it has secured and
paid for a policy of pubic 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 Cow► ercia General Li i 1t
with the understanding of d agreement by Licensee that such insurance amounts shall.
be revised upward at City's option and that Licensee shall so revise such arnounts
immediately following notice to Grantee of such requirement. Sue 'insurance - liey
shall provide that it cannot be canceled or amended without at least ten ) days prior,
written notice to the Building Official of the City of Fort Worth. A copy of such
2012 Easement Encroachment Agreement-Comi,,iiercial 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 thi's
Agreement and until the removal of al,l encroaclunents 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 apiplicable 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.
2 012 Eas ment Encroaclu-nent Agreement-Co iTug;ercial Page 5 of 9
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 perfori-ning 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 sollely 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 avree that the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2 012 Easement Encroachment Agreement-Coiwnercial Page 6 of 9
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. Thi's Agreement shall be governed by the laws of the State of Texas.
18i.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this day of 201,111
City I Licensee,,
City of'Fort Worth CMC Trailer Distributor.v, Inc.
I)v By:
14
N am e
0
Randle Harwood Title: 06019 tf
Director
Plan.nina and Development
ATTEST: ved As To Form and Legal.ity.
00100000100
Ile
City Sec `
i Assistant City Attorney
1. ry 01TICIALI RECORD
2012 Easement Encroachment Agreement-Cwunerdal CjyygsF.VRETARY
FT,WORTH,TX
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 t(-�gAkkH known to nie to be
the person, whose name is Subscribed to the foregoing i trument, and ac,luiowledged to
me that he/she executed the same for the purposes and consider ation therein expressed, as
the act and deed of the City of Fort Worth, and in the capacity therein stated.
VE,' DER . Y HAND AND SEAL OF OFFICE this day of
01
Ala
C ANDRA F. REMAN No�tary Public i n� "�hd' or the'State of Texas,
• ASS FO
W.,h Notary Pub;l te of Texas
Vo My ission Expires
Aptil 26, 20,17
2 012 Easement Encroaclunent Agreement-Commercial Page 8 of 9
STATE OF TEXAS §
COUNTY OF TAR NT §
BEFORE ME, the undersigned authority, a Notary ublie in and for the State of
Texas,, on this day personally appeared Ste veMcCann., Owner 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 C Trailer Distributors,hic. and in the capacity therein stated.
GIVEN ..UER MY HAND AND, SEAL OF' OFFICE this day of
4�e 20
GREG WCANN
0 0
1*0 MY COMMISSION EXPIRES
May 60 2016
ataxy Public in and for the
State of Texas,
2 012 Easement Encroachment Agreement-Conunercial Page 9 of 9
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CERTIFICATE OF LIABILITY INSURANCE DATE(MMICPY4YY)
09/10/20131
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIV'ELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE,E, DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED the olio ie must be endorsed If SUBROGATION IS WAIVED subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doses not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME _"�_.. _A...._ .._...._
Scott Insurance C.harlotte,NlC
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Fax-,704-556-7681 Pr� r�r=
1�1 5 Park South Drive,ate'I 00 __�. , E� .:.�.._. .. _.
N�C�� �°1� E-MAIL w _.... �. ..N
Charlotte,
Andrew Chambers-Charlotte 'ADDRESS: _..._...
INSURER(S)AFFORDING COVERAGE NAIL
INSURER A
INSURED Electric Guard Dog,LLCM INSURER B:First Mercury Iris Co(A) 10657
Attn-Nathan Lea hart INSURER� _....,.,,.._�.. ... _�__ �.
"1 Executive C en United State Fire Ins Co NA�
Leap
hart[fir#2 i 111
Columbia,SC 2921,10 INSURER c
INSURER EI E
IN�S�U DER F;
COVERAGES CERTIFICATE NUMBER REVISION NUMBER: a,
THIS IS TO,CERTIFY THAT THE POLICIES OF INSURANCE LISTENS BELOW HAVE BEEN ISSUED TO THE INSURED NAMED;ABOVE FAIR THE POLICY PERIO
INDICATED. NOTWITHSTANDING ITHSTANDING AN 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"T J5JEIF ,
EXCLUSIONS S AND CONDITIONS OF SUCH POLICIES.LIMITS SH,O N°`�MAY HAVE BEEN REDUCED BY PAID ELAIMS
ILTR ""PE OF INSURANCE m :,. ..._— ...._. POLICY NUMBER POLICY
/ I=I= DDS LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1 P000100
SE-CGL-0+1I0001 15 -001
m.....� CLAIMS-MADE � �I `�14�l� �� 1 df�I l��1�
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�.13 X COMMERCIAL GENERAL LIABILITY RE la urec
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GENERAL L �
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AUTOMOBILE LIABILITY g COMBINED SINGLE LIMIT 1,00 ,001
C X ANY AUTO 11 33 73 27 7013 10/01/201 10/01/201,3 BODILY INJURY(Per person)rn) j
ALL OWNED SCHEDULED BODILY INJURY(Per accident)
AUTO S AUTOS
HIRED ECI AUT N ONNN- 'I °NEN PROPERTY DAMAGE
AUTOS APeraccidenA W�_......,
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UMBRELLA LIAR � ��I`.II I � EACH cCI�I�IEI� N...._.. .� �.,.M. ..m
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EXCESS LNAe ,iE-4lrllil-U�Ol a41 I15 -I1 10/01/2012 10/01/2
013 AGGREGATE 5900
LAIN'ul��N�IA�E
R�TENTICN
WORKERS ERS COM � X STATU OPEN�,�ATI�N ��.",AND E NPLO ER LIABILITY LIMITS
C ANY PROPRI TOI JPARTN'�ER/EXECUTIVE �IV 140870511416 10/01/20121 10/01/2013 E.X.. ,EACH ACCIDENT is
I=EIEI�N�tE
I IeEI EXCLUDED? � NIA � 'I��II CI,I�f�
(Mandatory ) .L,DISEASE EA E PLO E
r
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DE GR1 PT1IO OF OPERATIONS I I E.L.DISEASE-POLICY LIMIT $ 110001000
DESCRIPTION OF OPERATIONS 1 LOCATIONS lVEHICLES ('Attach A ORD 101,Additional Remarks Schedule,If more space is required)
E Project: C Trailers * Fort Worth TX, 2500 Cold Spring's RdAll Fort
Worth, TX 7 164.
City of Ft. Worth is listed as Additional Insured on the General Liability
y
as gyred by written contract.
CERTIFICATE HOLDER CANCELLATION
CHIT OFF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
� ,Worth I THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1,000 Thrr ckmorton
Fort Worth TX 761012
AUTHORIZED REPRESENTATIVE
L � I.,, V
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1988-20101 ACORD CORPORATION., All rights rese6/ed."�
,
ACCORD 25(201 0,105), The ACOR,D name and logo are registered marks of ACORD,