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HomeMy WebLinkAboutContract 45470 Aft a 1U1"W1W4W CONTRACT NO.ILI� �� EASEMENT ENCROACHMENT LICENSE AGREEMENT: 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 City Manager or its, duly designated Assistant City Manager ("City") or Planning and Development Director, and W I COOK FOLTANI)ATION INC hereinafter referred to as "Licenseell, owner of the property located at 6�2 10 Jo�hn Ryan Drive,, Fo�rt Worth, Texas 76 132 ("Property"). RECITALS WHEREAS, Licensee is the owner ofcertaln real property described as Lot 11, Block C of the River Hills Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded Cabinet B, Slide 17'27' of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has, a 10' utility easement (the "'Easement") in the property as shown on the map attached to this Agreement as Exh,lb�it "A" and incorporated herein- and WHEREAS, Licensee desires to construct/place and maintain a non-i'llUrninated monument sign which will be used to advertise and direct traffic to the fiacility (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached site plan, Exhibit"B�"', and only to the extent shown thereon,1 and IVHEREAS5 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, th,e 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 po�rtio;n of the City's Easement as described in and at the location shown on Exhibits A and B for the purpose of constructing and maintaining the non-illuminated monument pow", sign (the "Encroachment"). Upon completion of the Encroachment, Li ,,,,,0Vjjivd0001 0011 2012 Easement Encroachment Agreement-�Colmmercial �11 101%, MAR 2 8 be res onsible fo�r maintaining any and all structures and build* 4 P i ings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further 0 intringe 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 ith the Charter, inance and Codes of the City and' in accordance with the directions w Ord' 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 iting by the Director. r I However, such approval shall not relieve Licensee of responsibility and liability for concept, de!siign 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 ofthe 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 replair of any existing or future utility or improvernents 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 determinea oy the Director of Transportation and Public 2012 Easement Encroachment Agreement-Commercial Page 2 of 9 Works or -the Director of tile Water Department of the City, or; his duty authorized representati ve. 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 ($275.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee inthe amount of$.56 per square/linear fo�ot of the encroachment area. The term of this Agreement shall be for thirty (301) years, cornmencing 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-cornpliance, 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 here!in, 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 Le i,slature; and that 9 1 City cannot contract away its duty and it's legislative power to, control the easement for the use and benefit of the pubilic. 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 drainage, sanitary sewerage, transmission of natural or e!lectricity, or any communication, other public purpose, whether presently contemplated or, not, that the parties agree to 2012 Easement Encroachment Agreement-Commercial Page 3 of 9 Z:) negotiate in good faith in order to accoml-nodate the Encroachment and the public purpose. 7. LICENSEE COVENANT'S AND AGREES TO INDEMNIFY,, AND DOES HEREBY INDEMNIFY,1 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 ORLOSS 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, WIFIE�THER 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, SERVANTSI EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR,INVITEE,S�. 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 p 'd for a policy Of public liability insurance covering all, public, risks related to the al 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 foillowi,ng: $1,000,000 Commercial, General Liability 2012 Easement Encroachment Agreement-Commercial Page 4 of 9 w*t1i, the understanding of and agreement by L* insurance amounts shall I I icensee that such " be revised upward at City's option and that Licensee shall so revise such amounts # A "I immediately following notice to Grantee Of SUch requirement. Such insurance plo,licy shall provide that it cannot be canceled or amended without at least ten (101) 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 submit a i Har Certificate of Insurance annually to City on the anniversary date of' the, s nil execution of this,Agreement. Licensee agrees, bindis and obligates itself, its successors and assigns, to rnaintain 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 Easernent Agreement in its entirety in the deed records, of Tarrant County,, Texas. After being recor�ded, the original shall be returned to the City Secretary of the City of Fort worth, Texas. 10. Licensee agrees, to comply fully with ail applicable federal, state, and local laws, statu,tes, 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. 20 12 Easement Encroachment Agreement-Commercial Page 5 of 9 ........................................... 12. Licensee covenants and agrees that it shall operate hereunder as an independent co�ntractor 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 contro,l the details of its operations, and all persons performing sarne, and shall be solely responsible for the acts, and onlissions, of its officers, agents, servants, employees,, contractors, subcontractors, licensees and i,nvitees. The doctrine of respo,ndeat superior shall not apply as, between City and Licensee, its officers, agents,, servants,, employees,7 contractors, and subcontractors,, and nothing herein shall be construed ascreating a partnershtp or joint enterprise between City and Licensee. 13. Licen,see agrees and. acknowledges that this, Agreement i's solely for the purpose of permitting Licensee to constructI 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 nleant 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 fior 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 tile termination of this Agreement. 20,12 Easement Encroachment Agreement-Commercial Page 6 of 9 16. Licensee covenants and agrees that it will not ass,ign 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 Tarran,t County, Texas. This Agreement shall be governed by the laws of the State of Texas. 18. 1 1 This,agreement shall be binding upon tne parties her�eto, their successors and assigns. EXECUTED this tcof—day of 20-L City Licensee: City of Fort Worth W I Cook Foundation, Inc. By By:� .......... Yandle Ha ood George Montague Director Vice President of Real Estate Planning and Development ATTEST: Approved As To, Form and Legality 'J ORr 00 ity Secretary Assistant City Attorney NO 0 01 P 0 1..0' 1 c,,,,tAL RD 2012 Easement E,ncro Olt A m -Co ial OFF 9�, cog?" itv g P 70 F(119f % CVT�y"' LAI a I wo, STATE 01F TEXAS COUNTY OF TARRANT BEFORE ME, the unders,igned aLl M, ity, a AloP/lL ll'c lin and fior tl itate of j4o"ft Texas, on this day personally appeared to be the person whose name is siubscribled to:the foregoing instrument, and acknowledged to me that lie/she executed the same for the purposes and consideration therein expressed, as 11 the act and deed of the City of Fort Worth, and in flie capacity therein stated. WGIVE UNDER MY HAND AND SEAL OF OFFICE this da of y 20 11 Aft CASSANDRA F. FOREMAN Notary PublIc,,,State of Texos My cofnmisslon Expir emil o all -1�*otary Public "n and for the State of Texas I' ll Of 11 11' April 26, 20)7 1 1 �wo(0%0 101F "TIM" 2012 Easement Encroachment Agreement-Commercial STATE OF TEXAS § COUNTY OF TARRANT' § BEFORE ME, the undersigned aUthority, a Notary Public in and for the State of Texas, on thi,s, day personally appeared George Montague, Vice President of Real Estate,, known to me to be the person whose name IS Subscribed to the foregoing instrument, and ackno�wledged to me that he executed the same for the purposes,and consideration therein expressed, as the act and deed of W I Cook Foundation, Inc., and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OFOFFICE this 31 day of' �4j 20 %10�,Jky P Z s 0 Care Maft Notary Public N STATE OF TEXAS my'Comm.,Expo,03-27-2016 Notary Public in and for el State of Texas 2012 Easement Encroachment Agreement-Commercial Page 9 of 9 ---------- Nil S co ,t.1 '00$ Oil LAJI -40 Ol 14� Jo ic; too 0 cr "�;o O.S? '�� 5 L�' I' q; 4Z vil LGI;Yil lot .2 40 cd 21 W'- 6 Q) 12 1", 4) .� .2 in u sa-4, '4.0 -4- Al % It t) C' oA(j .01 42D sa, 00 a. c: IK '0 v 4.) 4,w— 4.: oil ��.N Q)l Ail -;t Oci (� 2�) �-! & 11Z fS tRj �o j 5 (Ile -p 4 -;5) 't C, Q6 .Z �%f� 1� 4 N)'a --6 dc �l 'o. '-t 1�-' 0 , ni - QJ7 'b ran a 0 OL 1W oe Xit 1181HX�] k6 ,v -lift] 0 OL _47 IK tau 141 I L) r,: t'JW Ill. u C; z Ol CO Z to Q: 0 0 Ol rZ L) CIO tl Tj 'A Ea, z to- 01 LIS 03 Ol w 0 41 5cd GkVM-JO-1H018 HiQJM 318 AYM)MYd SISM -- —----------- A E .4 "a Li C3 M 0.2 D t; p FA < 4.e IA. ------- 0 0 --------- ir 0 14J 411k Vl 0 zo IA. U IW21 OMO 0 V�W 91* oil RLONON P_fig" z C) ......... 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CID ON w 00 w ad CL E E INA Gi �-4 7;� V- 4Z Mi a$ .............. .......... c CL CL. ............ ................... ................. ............. ...... ——--------- ....... __.En .......... ............ CA E 0'2 E *^ ..... ...... ....................... > CIO cn m cod#......----- .............——-------— 11...................01,111JI11111IN 0 A00RIDO t;ERTIFICATE OF LIABILITY INSURANCE DATE:1/30/14 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 PRODU�CER,AND THE CERTIFICATE HOLDER. IMPORTANT':,If the certificate,ho:l:dier is an ADDITIONAL INSURED,the policyfies)must,be end�orsed.If SUBROGATI�ON:IS WAIVED,s,ubjectto the terms and conditions of the policy, certain policies may require an: endorsement. A statement oin this certificate does not confer rights to,the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Strategic Risk Solutions NAME: P4' =PH_0N E FAX Governors Square 2nd Fl.,Bildg.3 (A/C I No,Ext): (AJC,No): E-M,AIL 23 Lime Tree Bay Avenue ADDRESS: PR DUCER 13.0.Box 1159 CUSTOMER ID KYl-1102 Grand Cayman,Cayman Islands INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Cook Children"s Indemnity Company Cook Children's Health Care System 801 Seventh Avenue INSURER B. Fort Worth,,Texas 716104-27916 INSURER C: INSURER D: INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN�SR ADDiL SUBR 1 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVDj POLICY NUMBER JMMIDDATM (MM,/DDfYYYYI LIMITS GENERAL L"ILJTY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED, PREMISES(Ea occurrence) $ 50,000 CLAIM�S-MADE X OCCUR MED,EXP(Any one person) $ 0 A X CCICGL2013,14 10/1/20113 10/1/2014 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,1000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTSICOMP/01P AGG $ 5,000,0100, �]POLICY 1::[PROJECT LOC $ AUTOMOBILE LMILITY COMBINED SINGLE LIMIT (Ea accidentl $ ANY AUTO BODILY INJURY(Per persori� ALL OWNED AUTOS BOD�LY INJURY(Per accident) $ SCHEDU�LED AUTOS PROPERTY DAMAGE(Ple,r accident) $ HIRED,AUTOS $ NON-OWNED AUTOS $ $ OCCUR EACH OCCURRENCE $ 1 EXCESS LtAB CLAWS-MADE, AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ $ WORKERS COMPENSATION AND C ST� TH- EMPLOYERS'LIABILITY Y/N r(ORY I rE R .......... ANY P,ROP,RIETC,RIP,ARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? .....................—1. (Mandator E,L DISEASE-EA EMPLOYEE $ y In N�H) If y,es,describe under E L.DISEASE-POLICY LIM11T $ DESCRIPTION OF OPERATIONS below —------------ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:In connectio�n with,various Encroachment,Agreements between the City of Fort Worth and Cook Children's. This certificate does not amend,extend or alter the coverage afforded by this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE, WILL BE DEUVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1000 Tlhrockmorton Fort Worth,Texas 76102 ............. ACORD�2S(20,10105) The ACORD name and logo are re!gi�stered marks of A,CORD 0 1988-200�9 ACORD CORPORATION.All rights reserved.