HomeMy WebLinkAboutContract 45776 CITY SECRETAW
CONTRACT NO.
EASEMENT EMC ROACHWNT'LICENSE AGREEMENT
Coyninercial
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,its duly designated Assistant City
Manager or its Planning and Development Director, and RESERVE AT MCALISTER
SENIOR LIVING, LLC, a Texas limited liability company ("I icensee"), owner of the
real property located at 423 Archbury Road,Fort Worth,TX 76131 (the "Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property; and
WHE REAS, City has a storm drain and sanitary sewer easement (the
"Easement", whether one or more) in the Property as described or depicted in Exhibit
"A"attached to this Agreerrient and incaq)orated herein for all purposes-,and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Easement; and
WHEREAS,City will allow the encroachment under the terms and conditions set
forth in this Agreement to accomnioclate the needs of Licensee.
NOW,THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
City, in consideration of the payment by Licensee of the fee set out below and the
covenants and agreements hereinafter contained, to be Icept and performed by Licensee,
hereby, grants permission to Licensee to encroach upon and occupy a portion of the
Easement forte purpose of constructing, maintaining, modifying and replacing a sign
(the "Encroachment", whether one or more) as described in and at the location shown on
Exhibit "A" but only to the extent shown thereon. Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
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. ..........
OFFICIAL RECORD
2. c(,ry SECRETARY
I F-7. INORTHo TX
2014 Easement Encroachment Agreenient-Conunercial Page I of
Reserve at McAlister Senior Living,LLC-423 Archhury Road,Fort Worth,TX 76131 ev,, RXIM)'
RECEIVED JUL 2 512M
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes and in accordance with the
direction of either the Director of the Transportation and Public Works or the Director of
the City's Water Department, or his or her duly authorized representative. Licensee shall
submit all plans and specifications to the appropriate Director or his or her duly
authorized representative prior to the construction of the Encroachment. Licensee shall
not commence construction of the Encroachment until receiving written approval by the
Director, but such approval shall not relieve Licensee of responsibility and liability for
concept,design and computation in the preparation of such plans and specifications.
3.
Upon prior written notice to Licensee, except in the case of an emergency,
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 or 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 uses provided for in this Agreement, Licensee shall pay to City an
amount equal to such additional cost as reasonably determined by either the Director of
Transportation and Public Works or the Director of the Water Department, or said
Director's duly authorized representative,
4.
Licensee agrees to pay to City at the time this Agreement is requested an
application fee of$325.00 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 Encroachment and uses provided for by this Agreement. Upon
execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the
amount of$36 per square/linear foot of the encroachment area.
2014 Easement Encroachment Agreement-Commercial Page 2 of 9
Reserve at McAlister Senior Living,LLC-423 Archbury Road,Fort Worth,TX 76131 Rev.04/30/2014
5.
The to of this Agreement shall be for 30 years, commencing on the date this
Agreement is executed by City. Flowever, this Agreement shall terminate upon
Licensee's non-compliance with any of the tern-is of this Agreement after notice and
opportunity to cure as described herein. City shall notify Licensee in writing of the non-
compliance and if not cured within 30 days, this Agreement shall be deemed terminated,
unless such non-compliance is not susceptible to cure within 30 days, in which case this
Agreement shall be deemed terminated in the event that Licensee fails to commence and
take such steps as are necessary to remedy the non-cornpliance within 30 days after
written notice specifying the same, or having so conimenced, thereafter fails to proceed
diligently and with continuity to remedy sarne.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon is held by City as trustee for the public; that City exercises
such powers over the Easement as have been delegated to it byte Constitution of the
State of Texas or by the Texas 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 City's governing body at any time during the to hereof
determines in its sole discretion to use or cause or permit the Easement to be used for any
other public purpose that does not preclude the use of the Encroachment on the Property,
including but not being limited to underground, surface or overhead communication,
drainage, sanitary sewage, transinission of natural gas or electricity, or any other public
purpose, whether presently conternplated or not, the parties agree to negotiate in good
faith in order to accommodate the Encroacht.-nent and the public purpose.
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFF:ICI A11,S
FROM AND AGAINST ANY AND ALL CLAInS 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 THE
ENCROACHMENT 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 SILALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
2014 Easement Encroachment Agreement-Commercial Page 3 of 9
Reserve at McAlister Senior Living,LLC-423 Archbury Road,Fort Worth,TX 76131 Rev.04/30/2014
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,
Ll(-"ENSEES,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 arnounts of such insurance shall be not less than
$1,000,000 Commercial General Liability
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts as soon as
commercially possible following notice to Licensee of such requirement., Such insurance
policy shall not be canceled or arnended without at least 30 days' prior written notice to
the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is
attached as Exhibit 'T". 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 to of this
Agreement and until the reraov,al of the Encroachment and the cleaning and restoration of
the Easement. All insurance coverage required herein shall include coverage of all
Licensees' contractors and subcontractors.
9.
Licensee agrees to deposit with City when this Agreement is executed a sufficient
sum of money in the amount necessary to pay fees to record this Agreement in the Real
Property Records of Tarrant County, Texas. After being recorded, the original shall be
returned to the City Secretary of the City of Fort Worth,
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 the Encroachment and uses.
2014 Easement Encroachment Apeement.-Commercial Page 4 of 9
Reserve at McAlister Senior E,iving,LLC-423 Archimiry Road,Fort Worth,TX 76131 Rev.04/30/2014
11.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
by this Agreement or by any federal,state orlocal statute,law or regulation.
1.2.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all. rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respondent superior shall riot apply as between City and Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
constmed as creating a partnership orjoint 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 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 permissions before
occupying such property.
14.
City shall be entitled to recover interest and reasonable attorney's fees in any
action brought by the City for the enforcement of the obligations of the Licensee.
15.
The parties agree that die duties and obligation contained Sections 3 and 4 shall
survive the termination of this Agreement.
16.
Licensee covenants and agrees that it will not assign, all or any of its right;,
privileges or duties under this Agreement without the written approval of City, 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.
2014 Easement Encroachment Agreement -Comuiercial Page 5 of 9
Reserve at McAlister Senior Living,LLC-423 Archbury Road,Fort Words,TX 76131 Rev.04/3012014
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.
SIGNATURES APPEAR ON FOLLOWING PAGE]
2014 Easement Encroachment Ag0 reernent-Commercial Page 6 of 9
Reserve at McAlister Senior Living,LLC-423 Archbury Road,Fort Worth,TX 76131 Rev.04/3012014
THIS AGPJ,EML4 NT may be executed in multiple counterparts,each of which
shall be considered an original, but all of which shall constitute one instrument,
City
CITY OF FORTWORTH
By:
Randle Harwood, Di, ctor
Planning and evelopnae ment
of F0
Attest: proved As To Form and Legality
110
S z
City Se ret Assistant City Attorney
STATE OF TEXAS §
COUNT TA RR §
201-1 Thls i.�s,tru�mentwas aiiowledged before me on
by Director of the
the City of Fort Worth,on behalf the City of
... ... EM
Public,State of Texas
O!FF'71CIAL RECORD
ry S
CITY SECRETARY
FT.WORT141 TX
2014 Easement Encroachment Agreement-Cornmercial Page 7 of 9
Reserve at McAlister Senior Living,LLC-423 Archbury Road,Fort Worth,TX 7613 1 Rev.04/3012014
Licensee:
RESERVE AT MCALISTER SENIOR LIVING, LLC,
a Texas limited liability company
By: MV Reserve at McAlister LLC
an Ohio limited liability,company
Its: Managing Member
By: MV Affordable Housing LLC
an Oh its limited liability company
Its: Sole Member
By:
Print'Narne:
Title- Authorized Signer
STATE OF
(70 L J N TY 0 F
This instrnment was acknowledged before me on
1, 2014
of MV Affordable
Housing LLC, an Ohio limited liability company, Sole Member of MV Reserve at
McAlister LLC, an hi® limited liability company, Member of RESERVE AT
MCALISTER SENIOR. LIVING, LLC, a Texas limited liability company, on behalf®f
said limited liability company.,
GIVEN UNDER MY RAND AND SEAL OF OFFI('Ethi day of
-dQ
201.j
.Y F
.........
VICTORIA M.HUDSON,Notary Public
'Notary PLiblic, State of
In and for the State of Ohio ...........
A My Commission Explms_jj J)/5
%4
2014 Easement Encroachment Agreement-Comniercial Page 8 of 9
Reserve at McAlister Senior Living,LLC.-423 Arclibury Road,Fort Worth,TX 76131 Rev.04/3012014
LEGAL DESCRIPTION OF THE PROPERTY
Lot One (1) and Lot Two (2), Block Six (6), HIGHPOINT HILL, an addition to the City
of Fort Worth, Tarrant County, Texas, according to the map or plat of record with the
County Clerk of Denton County,Texas under Document Number D214123596.
2014 Easement Encroachment Agreement-Commercial Page 9 of 9
Reserve at McAlister Senior Living,LL C-423 Archbury Road,Fort Worth,TX 76131 Rev.04/3012014
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EXHIBIT B
MVC0M_1 OP ID:LP
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CERTIFICATE OF LIABILITY INSURANCE
E;A;,t Cp
.............. 06114/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEM THIS
I
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
U
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 13 an ADDITIONAL INSURED,the policy(les)must be endorsed. It SUBROGATION IS WAIVED,subject-io—'
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such EiLm!Ersernengs),
.....................................................
PI;iGUUCE1 NAME: Linda Perry
The Roehr Agency _..._1.Pwx .............
8035 Hosbrook Rd.Suite 100 IMUCIV611,EIt�613-986-0363 N 513-985-0359
Cincinnati,ON 46236 E-MAIL
Alvin F.Roehr,Jr. Ea�rry ahrins.com
MSU� c9VEM9 RIAIC
INSURERA Cincinnati Insuranc C nt
dir-iiii I—.... ---- -" --- � '—'—""' L 111-1 �_...9_..T1n________ __'. --11
uction INSURER B
MV Residential Development .......
Reserve at McAlister Senior INSU R C:
Housing
Larry Braucher ��sU ...................
9349 Waterstone Blvd#200
Cincinnati,ON 45249 F
INSUIMR
............... ..............
COVERAGES CERTIFICATE N.,U.M...B._ER: 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. NOTWTHSTANDING ANY REQUIRFMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH 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.
ow"sin4w . , _06Uf_Y_EFL"'j pury-egg-- ..1. . _..–.__..._.__.._............. ...........
TYPE C3F INSU CE R A ER MMIDDIrML HIM= 101473
..........
GENERAIL LIABILITY EACH OCCURRENCE 5 1,000,000
THIS
CERTIFICATE
X(
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sil
NSR
A COMMERCIAL GENERAL LIAMUTY x CPPOB95298 0912612013 09126120`14 60.00
I CLAIMS-MADE X OCCUR MEDEXP(A ansperson) [3 5,00
.................... ..............
'�k�SqNAL ADV INJURY 3 1,000,00
CuEN�IiALAGGRE GATE S 2,000,00
GEN'L AGGREGATE LIMiT APPLIES PER 2,000,00
�PRO,
I POLICY L X�LOS Emp Bon. —I,000 p0
ZT0MOWtJE LIABILITY 1,000,00
............... .........
A X AW A CPP0895298 09/2612013 0912612014 BnNLY INJURY(Per person) S
ALL 35MED SCHEDULED BODLYINJURY(ParscddanQ S
ALIT AUTOS
NON4YA&ED mm
HIREDAUTOS AUTOS
OE s s
..
_.I ..... . .............----
UMBRELLA LIAB X 20,000,00
OCCUR EACH OCCURREN E
LA x EXCESS LIAB iCPP0895298 0912612013 0912612014 20,000,00
=DE D A_
RELEN S
_7...........
WORKERS COMPENSATION TATU. )THe�_
A EMPLOYMV LIABILITY 1". -
ND VIN LWKT� lff.. '00
A ANY PROPRIETOSMARTNERIEXECU7)VE[— 9999785 1010`1120`13 110101120114 EL EACHACCIDENT 5
MIA ................
OFRCER/MEMSER EXCLUDED? J� �Wc
(Mandatory In NH) 500.00
MrsE!S�E ...........
Sd dasefte LWKW
0 MPTION OF OPERATIONSAsIct_ �_E L DISEASE-POLICY LIMIT 5 600,00
.............L.7..... ...........
.......................... ............
..........
DESCRAPTION OF OPERATIONS I LOCATIONS I VEHICLES(Aftch ACORD 101,Add Ifiand Remarks Saiwadwis,W mom space Is required)
ro: 19. of McAlister Road, W. of 35 W, Tarrant County, Fort Worth, TX 76028.
Certificate holder in listed as additional Lnsuzad as respects this Real
Mstate Developnont property.
........... .................
CERTIFICATE HOLDER CANCELLATION...
ANCELLATION
Cl FOR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS,
Department of Development
David Schroeder,Planner AUTHORIZED REPRESENTATIVE
1000 Throckmorton Street
Fort Worth,TX 76102
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