HomeMy WebLinkAboutContract 45469 Ctry
C0ffRACT NO*
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EASEMENT ENCROACHMENT LICENSE AGREEMENT
Coneca
THIS AGREEMENT' is made and entered into, by and between THE CITY OF FORT
WORTH, a home rule municipal corporation f' "arra nt C ounty,� 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 San Jacinto Realty
Services, LLC hereinafter referred to as ""Licensee , owner of the property located at I 101 1.
Longhorn Road-SE comer of Longhorn Road and Oild Ducat ur Road-Longhorn Crossing
Apartments ("Property").
.
RECITALS
WHEREAS, Licensee is -the owner of certain real property described as Lot 3,
:Block A. Longhorn Plaza Addition, an addition to the City of Fort Worth, Tarrant
County, "texas as recorded in County ty Clerks Document No,. ���, A.F. A.lbn*ght
Survey, abstract No. 1,849 of the Real Property records of Tarrant County ("Property")
and
WHEREAS., the City has a 15 foot wide water cab , e' t and a 20 foot wide
sewer Peasement (the "Easement" 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 n fenicing with
sliding gates (the "Encroachment") and which will encroach onto the City's Easement t as
shown on the attached survey and only to the extent shown thereon; and
WHEREAS, to accommodate date the needs of the Licensee, the City will allow the
Encroachment u.nder the terms and conditions as set forth in, this Agreement.
NOW, THEREFORE, th City and Licensee agree as follows:
AGREEMENT
The City, in consideration old the payment by the Licensee''of the 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 l catioln shown Exhibit A for the
ur_ ► se of constructing and maintaining a wrought ht iron fence with sl
"Encroachment"). on completion of the Encroachment ��,,��
..........
responsible for maintaining any and all structures and buildings
'Wi�j _6jjenient-Conu-nercial Page I of 9
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Easement. Licensee shall not expand or otherwise cause the Encroachment to further
infringe in or on the City's Easernent 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 colmpiliance
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
w
ruin by the Director. I
r However, such approval, shall not relieve Licensee of
responsibility and liability for concept, design and computation in the preparation of such
plans and specifi,cations.
I
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 f6r
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 relasonabile, efforts to minitnize 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 r,eas,onabil determined by the Director of Transportation and Public.
Works or the Director of the Water Department of the City, or his duly authorized
representative.
21012 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, I-,icensee 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 shat I 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-compiliance and if not cured within thirty
days,nth,is 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'thin 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
can s e r perml right the right of way to be used for, any other public purpose, that does not
o
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.
2 012 Easement Encroachment Agreement-Commercial Page 3 of 9
LICENSEE COVENANTS AND AGREES TO INDEMNIFY,, I DOES
HEREBY L E IFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED FFICI S
FROM AND AGAINST ANY AND ALL CLAIMS OR SKI'T'S FOR PROPERTY
DAMAGE OR DDB'S AND/OR PEES L INJURY, INCLUDING DEATH, T
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OIL OR IN CONNECTION WITH, THE CONSTRUCTION,1
MAINTENANCE, OCCUPANCY, USIA, EXISTENCE LOCATION F' SAID
ENCROACHMENTS AND USES GRANT["ED HEREUNDER,,ER,, WHETHER OR
NOT CAUSED, IN WHOLE OIL IN PART, BY THE NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
THE CI AND LICENSEE, HEREBY ASSUMES ALL LIABILITY AND,
RESPONSIBILITY FOR SUCH CLAIMS OIL SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND H LL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION T
ENCROACHMENTS; AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,:
CONTRACTORS, SL C N CTORS,,LICENSEES,ES, R INVITEES.
8.
While this Agreement. is in effect, Iicensee agrees to, furnish. City with
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 looted and described in Exhibit "A".
The amounts of such *insurance shall he not less than the following.-
$1,000, Comm er6al General Liabiffifty
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
imme ately following notice to .�trantee of such requirement. Such insurance policy
shall provide that it cannot he canceled, or amended without at learnt ten 1 days prior
2012 Easement Encr achr emit Agreem n -Commercial Page 4 of
w 'tten not
ri ice to the Building Offic'al of the Gty of Fort Worth. A copy of such
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 obiligates itselt*, its successors and assigns, to ma,intain
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. Ail insurance coverage required herein sliall include coverage of all
Licensees' contractors,.
9.
Licensee agrees to deposit with the City when this Agreement ils executed a
sufficient sum of money to be used to pay necessary fees, to record this Encroach. ent 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 fiederal, 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.
2 012 Easement Encroachment Agreement-Commercial Page 5 of 9
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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, coin tra,ctors,,, subcontractors, licensees, and invitees. The doctrine of
Is -ff
respondeaf superior shall, not apply as between City and Licensee, its o icers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or,joint enterprise betwee�n 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 contailied paragraphs 3 and 4 shall
survive the termination of this Agreement.
2 012 Easement Encroachment Agreement-Commercial Page,6 of 9
16.
Licensee covenants and agrees that it will, not assign all or any of its rights,
privileges or duties Linder 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,. This Agreement shall be governed by the law's of the State of Texas.
18.
This a
greernent shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED thi. dad ` CA/%_
20
city Licensee:
City of Fort Worth San Jacinto Realty Service,LLC
A Limited Liability Company
2603 August,Suite 1400 lJouston,TX 77057
By: By:
and lie fl.ar od Name:
2
Director Title.
Planning and Development
ATTEST: Approved As To Form and Legality
7-Y O�kx,
0000(), udw», a w w"µmh. 4"': idsµ
(7 0
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istart City Attomey
City Secretary
III rPORD
OFF1 CIALIRE
2012 Easement Encroachm Q, e
VICti
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STATE OF TEXAS
C01UNTY OF TARR-ANT
BEFORE- ME, the undersigned a thrijty, a aary 1 is in and fo h State of
Texas, on this day personally appeared 11 to be
the person whose name is subscribed to the foregoing lin strum ent, and acknowledged to
me that he/she executed the sane for the purposes,and consideration therein expir�essed, as
the act and deed of the City of Fort Worth, and in the capacity therein stated.
A A
GIVE , UNDER . 'vqAND AND SEAL, OF OFFICE this day, of
CASSANDRA R FOREM,'%:�
Notary Publict Sta. A
My Commisslimi EXPIr-1, ry Pubfic in and for the State of Texas
O D
oFICAINL 11RE C
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2012 Easement Encroachment Agreement-Commercial r VOW
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S'"I"ATE OF TEXAS §
COUNTY OF TARRANT §
A
BEFORE Mf.., the undersigned authority, a Notary Public in and for the State of
Texas, on this day personaliv appeared Albert E. Magl*ll 111, known to me to be the
person whose name 'is, subscribed to the foregoing ltistrument, and, acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of San Jacl*ntio Realty Services,LLC, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL Of" OFFICE this 0�1' day of
120
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CATHERINiF L. HAY
MES
�HAYME J]xas
tjq 0 f T
re
' L : Notary Public in and for the
Notory Public, State of Texa's
Xiv� MY commission Expires
01
I lit JuJY 01E1, 20,16 State of Texas
OWN
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ACCORV MMyD
RTIFICATE LIABILITY INSURANCE
E
THIS CERTIFICATE, IS ISSUED AS A MATTER, OF INFORMATION ONLY AND CONFERS NO RIGHTS 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 NOT 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 pollcy(ies)must her ndor ed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the p►ll icy,certain policies may require an erlda rsernent. A statement on this certificate dons not confer rights to the
certificate hoilder Ire lieu of'suu ch endorsement(s).
PRODUCER UCEI CONTACT Jean Hunt
NADINE: �"
Tnsgrou , Inc. PHONE (x'13)°541--727 �
No).IT1 �772-5224
1455, W. .Loop South 9th F oor MAIL jhunt @insgroup.net
INSUI 3 AFFORDING COVERAGE NAIC#
Houston TX 7'7027 INSURE A:Sc ttsdale
INSURED s. Co.
INSURER C:
San Jacinto Realty Services,, L,L,C INSURER D
26,03 Augusta, Ste. 1400 INSURER E y
sous t in TX 717 015 7 INSURER F
COVERAGES CERTIFICATE NUMBER: 3/14 VACANT LAND REVISION NUMBER:
THIS I i TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P'E IOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,T, 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 BEI HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUBI ONS AND CONDITIONS CP SUCH POLI!CIES.LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAI D CLAIMS,
I'NSI POLICY EFF POLICY VP LIMITS
LTR TYPE�'IN�LIRANCE PCLIC"NUMBER .IDD I I IY
GENERAL LIABILITY EACH OCCURRENCE 1,000,000
X COMMERCIAL MlRCIAL GENERAL LIABIL11TY
PREMISES Ea occurrence $ 1000
A CLAIMS'-MADE Y OCCUR PiNG400030600 131/2013 /31/2014 MED ESP(Any one person) 51000
PERSONAL&A w+"INJURY J 1100010001
GENERAL AGGREGATE ,00C,000
GI=N"L AGGREGATE LIMIIT APPLIES PER:
PRODUCTS-COM PI0,P ACCT IS 11000,000
E]POLICY ITC LCC
JECI AUTOMOBILE LIABILITY E accident) L' ____1_,L0 MOO O O Q
ANY AUTO) BODILY INJURY(Per person) ~
A - ALL OWNED SCHEDULED NG4000301600 /31/"2013 /3/12014 BODILY INJURY(Per accident) $
AUTOS iAUTOS
NON-OWNED PROPERTY 1�A''ACE
HIRED AUTOS X AUTOS (Per accident)
x UMBRELLA LIA I X IOCCUR EACH OCCURRENCE 1010001000
EXCESS LIPAB CLAIMS-MADE AGGREGATE 10,000,000
CEG R
ETENTION 10,000 E067340155 /3112013 /"31/2014
WORKERS COMPENSATION STATL��� ER,
AND EM'PLO►YERS"UAI ILITY I .L.EACH ACCT
ANY PROPRILTCI IPAR"'I NER/EXEC U-i IV Y I ACCIDENT
FICER/MEIk BER EXCLUDED? N�A
(Mandatory In NHS E,L,DISEASE-EA EMPLOYEE
If S describe under
C��CRIPTION OF OPERATIONS dcic�w E.L.DISEASE POLICY LIMIT
DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACORD 101,Ad'd'itional Remarks Schedule,If more space is required)
Re: 1101 Longhorn orn Rd., Fort Worth, TX 11.11 Acres VACANT LAND
CERTIFICATE TE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED EI POLICIES BE CANCELLED BEFORE
THE EXPIRATION GATE: THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worh
Wa tee" pa tmen AUTHORIZED REPRESENTATIVE
1000 Throckmortion
Fort Worth, Tx 76 1012
ACORD 25(2010005) @ 1988.2010 ACCIRD CORPORATION. All rights reserved.
IN S025 tgninn±�ni Tho ar"'nior)nnm a nnir I^rice ara r arda+aoarjoirl mnrli rwf A�"":"t""'On
EXHIBIT B
GILL DEVELOPMENT COMPANY, L C
January 161 2014
City of Fort Worth
Water Department
1000 Throckmorton
Fort Worth,Texas
Re: Longhorn Crossing Apartments
1101 Longhorn Rd.
This,letter shall serve as the Owner's acknowledge rn ent that the city of Fort Worth shalli maintain the
permanent right to enter the subject property to service any and all water and sewer lines within the
dedicated city easements. This access shall additionally extend to all City of Fort worth Water
Department employees for any and all emergency,repair required on existing water and sewer pipe and
valves within the property premises outside of normal business hours.
For any additional access please feel free to contact any of the parties below.
Sincerely
-ZZ-
4ee Ole
Magill Development Company,, L
Owner: 7'13-785-6006
San Jacinto Realty Services, LLC
Developer/I General Partner-: 713-,785-6006
William Taylor&Co. Inc.
General Contractor: 254-7729675
Alpha Barnes Real Estate Services,,Inc.
Property,Manager(Enclave Apt):8,17-238-7117
2,603 Augusta,Suite#1400 (713)785-6006