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HomeMy WebLinkAboutContract 42086CITY SECRETARY. CONTRACT NO.to 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 through its duly authorized City Manager or duly designated Assistant City Manager, and CVS Pharmacy Inc, hereinafter referred to as "Licensee", owner of the property located at 700 W Seminary Drive. RECITALS WHEREAS, Licensee is the owner of certain real property described as reflected on Exhibit "A" attached hereto and incorporated herein, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume , Page , Instrument D211135269, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a twenty foot(20') wide drainage easement (the "Drainage Easement") in the property as shown on the map attached to this Agreement as Exhibit "B" and incorporated herein; and WHEREAS, the City has a fifteen foot(15') wide utility easement (the "Utility Easement") in the property as shown on the map attached to this Agreement as Exhibit "C" and incorporated herein; and WHEREAS, Licensee desires to construct/place paving, retention wall and a dumpster( together, the "Drainage Easement Encroachment") which will encroach onto the City's Easement as shown on the attached Exhibit "B" map and only to the extent shown thereon; and OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 1 03-05-1 1 A 10 : 34 IN WHEREAS, Licensee desires to construct/place a retaining wall (the "Utility Easement Encroachment") which will encroach onto the City's Utility Easement as shown on the attached Exhibit "C ' map and only to the extent shown thereon and WHEREAS, the Drainage Easement Encroachment and Utility Easement Encroachment are together herein referred to as the "Encroachments". WHEREAS, the Drainage Easement and Utility Easement are together herein referred to as the "Easements". WHEREAS, to accommodate the needs of the Licensee, the City will approve allowing the Encroachments under the teu ns 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. 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 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 2 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 or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from of Encroachments installed by Licensee, but City will make reasonable efforts to minimize such damage. Should it become necessary to remove the Encroachments to install, repair replace or maintain improvements to City public facilities or utilities in the Easements, the Licensee shall remove the Encroachments at the Licensee's expense. The City shall furnish the Licensee with notice if removal of the Encroachments is deemed necessary by the Transportation and Public Works Department. Licensee agrees that upon request of City, and within 30 days from the date of such request, to relocate the Encroachments away from the Easements and to restore the Easements to its original condition all at the sole cost and expense of Licensee. 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 Encroachments over, under or across the Easements if the City determines that the Easements are being substantially damaged by the Encroachments, or that the Encroachments otherwise place 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 Encroachments and restore the Easements to the same condition as existed prior to the installation of the Encroachments. 3 In the event the Licensee fails to promptly remove the Encroachments and restore the Easements within the time required by the notice, the City may remove the Encroachments and restore the Easements and assess a lien on the Property for the costs expended by the City to remove the Encroachments. 5. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two Hundred Seventy Five and 00/100 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 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. 4 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 Encroachments over or within the described Easements and in not a conveyance of any right, title or interest in or to the Easements. 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 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. 5 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. 6 EXECUTED this -day of k ADA� City: City of Fort Worth By: Fernando Costa, Asst. City Manager ATTEST: -1)CY aLLI‘ City Secre catriii,triz"rt•Qhate, � ,..+, ;� vy 0rill fj Ca 0 *dj° 0 0 0 0°Q 9 ICI 1%. tia te Licensee: CVS Pharmacy, Inc., a Rhode Island corporation By: , 2011. Kristine L. Donabedian Assistant Secretary CVS Legal Approval: Maryann Civitello Approved As To Form and Legality 1\kititfrti g-e0Thfinfi\r6 Assistant City Attorneye, ter ib.1.)CO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 appearedpeRgiwatee 4, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this JI� day 2011. I 1 .IY . e I 1 ve p11W PVC o lees 11*_ . r '�� ••...•Gig`` IIIR».14111 EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 r.._J--, .r.,. I Y I STATE OF RHODE ISLAND COUNTY OF PROVIDENCE otary Public in and for the State of Texas Ci The foregoing instrument was acknowledged before me this2I� day off 2011, by Kristine L. Donabedian as Assistant Secretary of CVS PHARMACY, INC., a Rhode Island corporation, for and on behalf of the corporation, for the purposes therein stated. OFFICIAL RECORD CITY SECRETARY C 1/4- FT. WORTH, TX My commission expires: Notary Public Mary E. Hassan Notary Public #37471 State of Rhode Island MY Commission Expires 07/25/2013 8 EXHIBIT "A" Legal Description of the Property That certain tract of land situated in the E P PARRIS SURVEY, ABSTRACT No. 1222, in the City of Fort Worth, Tarrant County, Texas, being all of Lots 3 through 22, Block 7, South Side Addition an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 204-A, Page 109, Plat Records, Tarrant County, Texas, and all of a 15 foot alley running Fast to West and all of a 15 foot alley running North to South abandoned by Ordinance No. 19699-05-2011, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "WAI" found for corner at the intersection of the South right-of-way line of W. Anthony Street, a 50-foot right-of- way, with the East right-of-way line of Travis Street, a 50-foot right-of-way, said point being the Northwest corner of said Lot 14 THENCE South 89 deg 50 min 18 sec East, along said South right-of-way line of W. Anthony Street, a distance of 345.24 feet to a 1/2-inch iron rod with a plastic cap stamped "WAI" set for corner at the intersection of said South right-of-way line of W Anthony Street with the East line of a 15-foot alley, said point being the Northeast corner of Lot 1, Block 7 of said Addition; THENCE South 00 deg 09 min 42 sec West, along the East line of said 15-foot alley and the West line of said Lot 1, a distance of 89.00 feet to a 1/2-inch iron rod with a plastic cap stamped "WAI" found for comer at the Northwest corner of said Lot 3, Block 7 THENCE North 89 deg 50 min 18 sec West, departing the East line of said 15 foot alley and along the North line of said Lot 3, a distance of 125.00 feet , said iron rod being the Northeast corner of said Lot 3 and being in the West right-of-way line of Hemphill Street (80' R.O.W.); THENCE South 00 deg 09 min 42 sec West, departing the North line of said Lot 3 and along the West right-of-way of said Hemphill Street, a distance of 166.00 feet to a 1/2- inch iron rod with a plastic cap stamped "WAI' found for corner, said iron rod being at the Northeast end of a corner clip at the intersection of the West right-of-way line of said Hemphill Street and the North right-of-way line of West Seminary Drive (105' R.O.W.); THENCE South 45 deg 09 min 42 sec West, along said corner clip, a distance of 14.14 feet to a 1/2-inch iron rod with a plastic cap stamped "WAI" found for comer, THENCE North 89 deg 50 min 18 sec West, along the North right-of-way line of said West Seminary Drive, a distance of 460.24 feet to an ' X" cut in concrete found for corner at the intersection of the North right-of-way line of said West Seminary Drive and the East right-of-way line of aforementioned Travis Avenue; THENCE North 00 deg 09 min 42 sec East, departing the North right-of-way line of said West Seminary Drive and along the East right-of-way line of said Travis Avenue, a distance of 265.00 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 113,438 square feet or 2.604 acres of land, more or less. Bearings shown hereon are based upon an on the ground survey performed in the field utilizing GPS observations (WGS84) of N00°09'42" h along the East right-of- way line of Travis Avenue 10 EXHIBIT "B" Map of Drainage Easement and Encroachments (attached) 11 VICINITY MAP uAPsco 90-u NOT TO SCALE Te 667 01 11�.:656.4) 5-404 Ex ae- Slm 7 Fr ToR�667.'�Q nog en __Oa T 355' WAST WATER4 ESM'T. (DY P -1) 1leURL ESM'T (BY PLAT) 4 t WM / Ex 6" WJr j r TY1M1�S,F. cc. _ __ _ _ L. rt-,9d-6viF, ENCROACHMENT AREA LOT 4R 0.974 AC. 42,407 S.F. / 1 I /„j I M' L i, •/ r / P L_ • i _.__otf75lL—. oe PP It PP • w EM _Ea. Mph Pwn't. ;LP EN. A6a11. r. a"=6 atme- -Er4r Stm5-517A "67-7 rSS DOE 1848 Ex. Asph. -- Pwn L •Vni TV EXIST SIGNAL • LI trn m 5-0.32 _r a' u' m LOT 16R LOT 17R BLOCK 8 SOUTH SIDE ADDITION VOLUME 388-57, PACE 85. LOT 18R v 6" wtt a C=+ 31 %O -Mal— N-�.1 va_— - ..jv. AN (HUNT j(. LI eY, (50' RIGHT-OF-WAY) //f t//< // // / LOT 3R C1/13/PharmacY 12.900 SF 79 PARKING SPACES 1.628 AC. 70,931 S.F. FEE= 676.00 W. SEMINARY DR (105' RICHT-OF-WAY) OC LOT 19R 4 stoic: 1'•• 40' D.U.E. # 6659 cvs ptimuncy CS NUMBER: 57088 STORE NUMBER: 7455 W. SEMINARY OR. & HEMPHILL ST. FORT WORTH, TEXAS DEVELOPER: is22WoASCOINAS BLVD. 222 W. ngI COslopm nt SUITE Zito IRVING, TX 15039 TEL: 0/72)889405S FM: (972)889.8063 CIVIL ENGINEER: Winkelman t Associates, Isc SCALE: DATE: a NUMBER: fa NAME: 1-= 30' 05/24/11 58728.01(20) Encroachmenil.dwg ENCROACHMEHT IENNORET EXHIBIT "C" Map of Utility Easement and Encroachments (attached) 12 ec VICIN TY MAP uu+sco 00-14 NOT TO SCALE 77M iJ_w• _s DS' Y E54't T. (B(BP1.AlY PL T) To •66701 BGB.}7 10' U9L ESM'T (BY PLAT) TsN H �+.+ yAom-'— - Me-- - 1lwM I' 7 \_ I 11n I 1 / \BRx i� CI' \OW-' " 6 Pr n' wt,.. 4 V. AN I HUN Y ill'. - r _yFx E' ;xi/ "Am 5312 — (50' RIGHT-OF-WAY) ra _oar, F. Th S - SDM 2• fi ° LOT 4R 0.974 AC. 42.407 S.F. I L e- 4c F5 R" Wlr n E. Aaph. -P-Kn t. o PP L LII LOT 3R C/$/pharmacy 12.900 SF 79 PARKING SPACES 1.628 AC. 70.931 S.F. FFEc. 678.00 Ea� 11LP --,Pt_J-tij-F--n�-- r. 5" w Ex. A As" �.0n --'F En 42 Stm 5-417A n 18 "2r, l8.SS /DOE 1846 Ex. Aoph. Pwn't. _BSI A iL LP LOT 16R LOT 17R D' tS W BLOCK 8 SOUTH SIDE ADOIPON VOLUME 388-57. PAGE 85: LOT 18R Evv 6" MI GS LOT 19R PP c scale t'n .)p• no' D.O.E. N 6659 cvs phanaromcy CS NUMBER: 57088 STORE NUMBER: 7455 W. SEMINARY DR. & NEMPHILL 5T. FORT WORTH, TEXAS DEVELOPER: I2. L*SC NUNASB 222 W.IAS t•109mM nt SURE 1610 IRVINO,TX 75039 TEL: (972)559d055 FAX: 1972)6694063 CIVIL ENGINEER: Winkeimann & Associates, Ise. c roan atat.-awns ti. SCAIL: DATE: +ro NUMBER: FIX NAIL: 1' n30' 05/24/11 58728.01(20) Encroochmentl.dwg Ettaaucw M&C Review Page 1 of 1 IL COUNCIL ACTION: Approved on 7/26/2011 DATE: 7/26/2011 REFERENCE NO.: **C-25050 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: SUBJECT: Authorize Execution of an Encroachment Agreement with CVS Pharmacy Inc., for the Construction of Paving, a Retention Wall and a Dumpster within a Twenty Foot Wide Drainage Easement in the Vicinity of 700 West Seminary Drive (COUNCIL DISTRICT 9) Official site of the City of Fort Worth, Texas FORT WORTII 06CVS EASEMENT ENCROACHMENTS(PAVING, RETAINING WALL &DUMPSTER) NO RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment agreement with CVS Pharmacy, Inc , for the construction of paving, a retention wall and a dumpster that will encroach into a 20 foot wide drainage easement in the vicinity of 700 West Seminary Drive. DISCUSSION: CVS Pharmacy, Inc., has requested use of a City owned drainage easement for the construction of paving, a retention wall and a dumpster that will encroach into a 20 foot wide drainage easement in the vicinity of 700 West Seminary Drive. Staff from Transportation and Public Works Department Storm Water Division have reviewed and approved this encroachment request. The fee for the privilege granted by this Agreement will be $275.00. The term of the Agreement will be 30 years. The property is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 421232 0062000 $275.00 Submitted for City Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Randle Harwood (6101) David Schroeder (2239) http: //www. fortworthgov. org/council_packet/mc_review. asp?ID=15 524&counci ldate=7/... 07/28/2011