HomeMy WebLinkAboutContract 46570 CITY SECRETARY
CONTRACT M0.
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 Planning and Development Director, and Vaquero
MG Presidio Partners, LP, a Teras limited partnership, hereinafter referred to as
"Licensee", owner of the property located at 8901 North Freeway, Fort Worth, TX
("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 3R6,
Block D, The Presidio Addition , an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in County Clerks Document No. D214239672 or Volume and Page
No. of the Real Property records of Tarrant County ("Property"); and
WHEREAS, the City has a 30 foot wide drainage easement 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 15" rcp drainage
pipe, 3 traffic bollards and 3 wheelstops which will be for stormwater conveyance and
for handicapped parking (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
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C-) and covenants and agreements hereinafter contained, to be kept and performed by the
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Z Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
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portion of the City's Easement as described in and at the location shown Exhibit A for the
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purpose of construct and install 15" rcp drainage pipe, 3 traffic bollards and 3
wheelstops (the "Encroachment"). Upon completion of the Encroachment, Licensee
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agrees to be responsible for maintaining any and all structures and buildings within and
2014 Easement Encroachment Agreement-Commercial OFFICIAL RECORD page 1 of 9
CITU SECRETARY
FT. WORTH, TX
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
Works or the Director of the Water Department of the City, or his duly authorized
representative.
2014 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, 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.
7.
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
2014 Easement Encroachment Agreement-Commercial Page 3 of 9
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
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.
2014 Easement Encroachment Agreement-Commercial Page 4 of 9
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 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 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 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 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.
EXECUTED this_2 �)( day of N , 20
City Licensee:
City of Fort Worth Vaquero MG Presidio Partners,LP
ray: Vatlew M ,4w 5, Maul kK ewl,Lu',
By: kkl By: G,JA
j Randle Harwo d, D' for Name: IW •k
GG `` Planning and Development Title: f l�t vl ✓
NO M&C REQUI °°°R
1L s %0
ATTEST: V$ o y proved As To Form and Legality
°
000°0°°°
TEXAS -
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City Sec etary Assistant City Attorney
OFFICIAL RECORD
2014 Easement Encroachment Agreement-Commercial CITY SECRETARY Page 7 of 9
FT.WORTH, TX
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VAQMG-1 OP ID:TS
CERTIFICATE OF LIABILITY INSURANCE °0211 12ATE 015Y'
0211712015
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 an ADDITIONAL INSURED, the pol(cy(ies) 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 does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME; Tanis Smith
Farmer's Insurance PHONE817-731-8771 FAX No; 817-731-0520
Kim Terrell, Agent No.
o ExQ:
2410 Montgomery Street ADDREss:Tanis kil atrickinsurance.com
Ft.Worth,TX 76107
INSURER(S)AFFORDING COVERAGE NAIC•
INSURER A:Essex
INSURED Vaquero MG Presidio Partners INSURERB:
LP
3211 West 4th Street INSURER C
Fort Worth,TX 76107 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.
LTR TYPE OF INSURANCE POLICY NUMBER MMfDpNYYY) (MMIDONYYYJ LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.
CLAIMS-MADE ❑X OCCUR CL00181607 08/0512014 08/05/2015 PREMISES Ea occurrence $ 100,00
MED EXP(.Any one person) $ 5,00
PERSONAL&ADV INJURY $ 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,
X POLICY F� �C_r LOC PRODUCTS-COMPIOP AGG $ Included
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident)
ANY AUTO BODILY INJURY(Per person) $
�
OWNED SCHEDULED BODILY INJURY(Per accident) $
O$ AUT
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS Per accident
$
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
HCLAJ0&-MADE
EXCESS LIAR AGGREGATE $
DF I I RETENTION $
WORKERS COMPENSATIONPER OTH
AND EMPLOYERS'
LIABILITY/ Y 1 N ST.A.TUTE ER
ANY PROPRIETOR,PARTNERIF>ECUTIVE N I A E L.EACH ACCIDENT $
OFFICERtMEM6ER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If S.describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 707,Additional Remarks Schedule,may be attached N more space Is required)
garding:The Presidio Addtion Lot 3R6 and 3R7 North Freeway, Fort Worth TX
EXHIBIT B
CERTIFICATE HOLDER CANCELLATION
CITFT-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN
City ACCORDANCE VATH THE POLICY PROVISIONS.
1000 Throckmorton
Fort Worth,TX 76104 AUTHORIZED REPRESENTATIVE
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