HomeMy WebLinkAboutContract 43285 (2)Cr`, EckE
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EASEMENT ENCROACHMENT LICENSE AGREEMENT
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 thro its • y authorized City Manager or duly designated Assistant City
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Mana e n Ro r s and Hillside Associates L.P. hereinafter referred to as "Licensee",
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owner of the property located at 300 Crump Street, Ft. Worth, Texas ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (See
attached Exhibit "A" for the legal description), an addition to the City of Fort Worth,
Tarrant County, Texas as recorded in Cabinet A, Slide 3283 of the Deed records of
Tarrant County ("Property"); and
WHEREAS, the City has a fifteen foot (15') Sewer Easement and a twenty foot
(20') Drainage Easement, collectively referred to as (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 Carports (the "Encroachment")
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 approve
allowing 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 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 location shown Exhibit A.
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.
- B-12 P03:29 IN
1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2.
All construction, maintenance and operation in connection with such Encroachment, use
and occupancy shall comply and be perfonned in strict compliance with the Charter,
Ordinance and Codes of the City and in accordance with the directions of 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 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 of Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. Should it become necessary
to remove the Encroachment to install, repair, replace or maintain improvements to City
public facilities or utilities in the Easement, the Licensee shall remove the Encroachment
at the Licensee's expense. The City shall furnish the Licensee with notice if removal of
the Encroachment is deemed necessary by the Water Department Licensee agrees that
upon request of City, and within 30 days from the date of such request, to relocate the
Encroachment away from the Easement and to restore the Easement to its original
condition all at the sole cost and expense of Licensee.
2
4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement City
shall furnish Licensee with notice requiring the removal in a time period as is reasonable
under the circumstances. After receipt of such notice, the Licensee shall thereafter
immediately remove the Encroachment and restore the Easement to the same condition as
existed prior to the installation of the Encroachment. In the event the Licensee fails to
promptly remove the Encroaclunent and restore the Easement within the time required by
the notice, the City may remove the Encroachment and restore the Easement and assess a
lien on the Property for the costs expended by the City to remove the Encroachment.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
two hundred and seventy five Dollars ($275.00) to pay necessary fees to record this
Agreement in its entirety in the deed records of Tarrant County.
6.
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
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
3
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.
7.
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.
8.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachrnent over or within
the described Easement and in not a conveyance of any right, title or interest in or to the
Easement.
9.
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.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement
4
11.
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.
12.
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.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this I day of � �,� llk
City
City of Fort Worth
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AS1STANT
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Licensee
By:
Rock Island Hillside Associates L.P.
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MBA Texas Associates. L.L.C.
By: MBA Development Corp
General Partner
By: Hillary B. Zimmerman, Member
proved As To Form and Legality
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
•
City Secretary
•
1)14,60-Wth
STATE OF TEXAS
COUNTY OF TARR_ANT-
•
Assistant City Attorney
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
.
Texas', on this day personally appeared own 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 Rock Island Hillside Associatesand in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
•
TAMMY !MINER
Notary PubNc•Notary Seal
State of Missouri, Jefferson County
Commission • 08468867
Pt Cony* o* Expires Jul 14, 2012
20 /4A .
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day of
Notary Public in and for the State of T-exasa
6
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 Randle Harwood, 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 the City of Fort Worth,
and in the capacity therein stated.
MY HAND AND SEAL OF OFFICE this S dayof
GIVEN UNDER
, 20 / a!
11111111111•MM se
•
IRMA MEW
Notary Public
STATE OF TEXAS
My Comm. Exp. Jan. 28, 2016
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(4t,,,, 6 af..vt_ s)y
Notary Public in and for the:
State of Texas
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A FINAL PLAT OF
IIILLSIDE ADDITION
DUNAWAY ASSOCIATES, Inc.
non taosout.Mt.a. min too
rasislYytarmal
ROCK ISLAND HILLSIDE ASSOCIATES, L.P.
720 OLIVE STREET, SUITE 2500
ST. LOUIS, MO 63101-2313
INCUMBENCY CERTIFICATE
The undersigned, KIM HARTMANN, being the Assistant Secretary of MBA
DEVELOPMENT CORP., a Missouri corporation ("MBA") which is the Member of MBA
TEXAS ASSOCIATES, L.L.C., a. Missouri limited liability company which selves as the sole
General Partner of ROCK ISLAND HILLSIDE ASSOCIATES L.P. a Texas limited partnership
(the "Partnership"), hereby certifies that as of the date hereof HILLARY B. ZIMMERMAN is
the Secretary and Vice President of MBA the signature shown below is a true specimen of her
genuine signature, and that she has the authority to the Partnership with respect to all matters
requiring the direction, consent or other action of the Partnership.
1127
Hillary B. Zimmenan
This Incumbency Certificate may be relied upon as evidence of such authority until
receipt of written notice to the contrary.
IN WITNESS WHEREOF, I have executed and delivered this Incumbency Certificate as
of the 26th day of April 2012.
ROCK ISLAND HILLSIDE ASSOCIATES, L.P.,
a Texas limited partnership
BY: MBA TEXAS ASSOCIATES L.L.C., a
Missouri limited liability company, its
General Partner
BY: MBA DEVELOPMENT CORP., a
Missouri corporation, its Member
By
Kim Iartuiann, Assistant Secretary