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HomeMy WebLinkAboutContract 43581 (2)CITY SECRETARY CONTRACT NO. an_ a 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 (Christ Fellowship Metroplex), hereinafter referred to as "Licensee", owner of the property located at (5011 Trail Lake Dr, Fort Worth, TX 761331("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (Wedgwood Addition, Block 68, Lot 20R), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Instrument D212046519, of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a five foot utility 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 a Monument Sian (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. OFFICIAL CITY SECRET RV 1rE, `iO My TN r 2. 1 09-12-1 2 P02:28 IN 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 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. 4. 2 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 hncroachment 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 Encroachment 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 275 Dollars ($275) 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 3 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 respondent 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 Encroachment 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 j$#4ay of __C,,;; L.7,TE,e? , 20 /at City City of Fort Worth By: Randle Har ood Dir. Planning & Develo ATTEST: 1./ / City Secretat STATE OF TEXAS COUNTY OF TARRANT Licensee Christ Fellowship Metroplex By: Name. Title: GAS Li 2&_lie,e, a nemes "a //er 1'65 (Wed proved As To Form and Legality Assistant City Attorney _ FFII©fiA[L R 'Cf, t- fir, tr , IJ li N" N`i.� it E(tiIr%RY Till) IN 5 NO mac EQu/RE 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. Li.Y • -11 • • GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4-4—e4-1,tafi— r , 20 4G� I .. • IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 28, 2016 . .J. •el .-a . . .i t l - . . 1 . ♦ .11I4 .• "4 Ott4L Notary Public in and for the StatLof Texas day of 6 STATE OF TEXAS COUNTY OFT lYT Texas, MEt a °� this he undersigned . t �`� day d°�s� c xasperpersonally �d ate say � nall� appeared authority, whose pica �'' a Natalc thataa.rc 1s'cd A he/she subscribed --- .:,��, Public � theexecuted ° a aid' , act and cd the s the foregoing °� the s owiedged to deed ° same f -4' State of � the � or the instr ° � rthe spurpose ur ati to e ' and in t s consideration ae �, t° be h° Ca �s�d,c�.� capacity therein stated. i204A,& ER Y. HAND ND SEAL OF OFFICE this ,1. 1 ... _ d +� I,J •i j -..iM._ J+ti li.ka .wiw/M+. ia-- "-r..U_./ 4,i s ..Id ti JI I. MI BRYAN ANDREW BRUSH Notary Public, State of Texas My Commission Expires August 21, 2013 I„ wl r_ T ad or th_ c'ta tc °f clay Exhibit Showing Proposed Sign Location LOT 20-R, BLOCK 68 WEDGWOOD ADDITION to the City of Fort Worth, ,<‘-G Tarrant County, Texas .+°J according to the Plat recorded in Cabinet B, Slide 2084 zo Plat Records, Tarrant County, Texas. °; to l 8 N 08°14'07"W 30.90' D = 9°41'36" R = 397.50' L=67.25' CH=67.17' N 03°23'20"W SCALE• 1 " = 30' r " °Itto .4 r m 4 . i 1 Coombs Land Surveying, Inc. 1 1 1 1 CABLE MARKER P. O. Box 11370 Fort Worth, Texas 76110 (817) 920-7600 (817) 920-7617 FAX CLS JOB No. 08-0357 * N O T E * ALL SUBJECT PROPERTY BOUNDARY LINE BEARINGS AND DISTANCES ARE PLAT & ACTUAL UNLESS OTHERWISE NOTED HEREON LOT 19-R BLOCK 68 CAB B, SL. 2084 P.R.T.C.T. ACCESS ES'MT. VOL. 14227, PG. 278 R.P.R.T.C.T. S77°1 7�48, 5' UTILITY ES'MT. VOL. 388-6, PG. 98 P.R.T.C.T. PROPOSED 1'-6" x 10'-3" MONUMENT SIGN w/BOLLARDS WATER LINE PER CffY MAPS 5' UTILITY ES'MT. VOL. 388-6, PG. 98 P.R.T.C.T. & SHOWN ON CAB. B SL 2084 P R.T.C.T. LOT 11 BLOCK 68 VOL. 388-6, PG. 24 P.R.T.C.T. ASPHALT g2 237 01, ASP ALT • LOT 20-R BLOCK 68 CAB B, SL 2084 P.R.T.C.T. "l CONC. NOLonaolld H04 ION 1 r-re- , 34"1 Vd TV-1". (123"I OVERALL WIDTH 9'-3" (III"> REVEAL W-0" (IQt.) cABINiT 8'-9" 1105'1 VO 1.5- 2'- I $" r34"I vO W W W. C H R STFELLOW TENANT TENANT 9AM & 1AM TENANT SIGN A / DF ILLUMINATED MONUMENT / 0.5"= I'-0" 2'-14" 134VO TENANT TENANT 1L 3 SECTION A / CABINET MATERIAL: ALUMINUM CONSTRUCTION RETAINERS: 1.5" FIAT STYLE ALUMINUM MECHANICAL DIVIDERS: 1.5" EXTRUDED ALUMINUM (PAINTED TO MATCH CABINET) ILLUMINATION: FLUORESCENT LAMPS FINISH: SATIN BLACK, NO TEXTURE SECTION B / FACES MATERIAL 3/16" WHITE POLYCARBONATE W/ FIRST SURFACE VINYL DECORATIONS VINYLS: 3630-129 BRONZE (2 LAYERS), 3630-22 BLACK, ARLON 112 OLIVE GREEN, EXTERIOR GRADE DIGITAL PRINTED LOGO W/ FIRST SURFACE CLEAR LAMINATE NOTE: TENANT COPY HAS NOT BEEN DETERMINED AS OF 05.16,12 NOTE: "CHRIST FELLOWSHIP SERVICES"ARE SEPARATE 3/16" WHITE POLYCARBONATE PANEL W/ FIRST SURFACE VINYL, THEY ARE ATTACHED TO SECONDARY FACE USING WHITE POLY BOLTS THAT ARE TAPPED INTO CABINET FACES. THE CUSTOMER WILL BE CHANGING THESE FACES OUT ON OCCASION. 10395 Alta Yista Rd, Suite 200, Keller, TX 76244 I 0 817.431.5792 / F 817.431.5799 Notice to the Customer T Nam Tlm co.rro deputed an shlt rw6rr•Q crop not m, d,.-t[d color. London the hnuhd dispLep Plow rear to tha detail drar.% tar the approved color spep7uoom. Nolo: The cart of provLdlydaleat olwrag to the Op moo, ail rrquir.d parmltcand a0 spc:.nl Inlp. i,r: ora not adudad In 7n. Or proposal. Note: Thorape.uan of I:pa Mart on buddnt and 6ndsopr war pliant 'a 1e. opprmlrnas represent:tam 1 L Tth dr :Ladm ae:ll�aI In vn dThe ©COPYRIGHT a``'.� �a Wancaa:prapa aaada:al- nwmwwra.ayy� a�n»•ttaa r,eae[t ora[awe:vdmFn.�a a pa.[.,aenhma.�d„,ta�anwa [ wwaabma.�wr,amepp�wl.naa pr•V'wid t•Da'Slau ofT.ntYam ran [r royy orrwaads G,w.,y[ar.. beebom.dN (taX.nFJ aqur a,wx} Nshrtataal or muter laW2y moray far Um purer. or SIAM tmamba.Lnd ortor a.. amoo Meawl property. Kelt a• toe ore 2 0 I 2 awaw...�,.alto.ewadlc.wns•tnerT..,t..a,t,war.r..la.,ta.�aam.xtac,rlyo,tla,a..[ Wrrdt[.am HO',ino,Mi.,OArapswdbpowapaMaimLapcySKrnolTmraby[[e[.uenwaMlnpulwartahwlrtdau,m+n['yl,:..,facy5m,.o1F..a.�..plar.. ❑}SCE BY DATE _ _ I5- EH4WSHIP WWW.CHRIS T FCLLOWSHIF1.0FIG TENANT TENANT 9AM & 1AM TENANT TENANT TENANT 80 SQUARE FEET (PER SIDE) SECTION B / CONTINUED... NOTE THE COPY IS STILL TO BE CONFIRMED AS OF 05.16.12 SECTION C/ MECHANICAL DIVIDERS MECHANICAL DIVIDERS: 1.5" EXTRUDED ALUMINUM (PAINTED TO MATCH CABINET) SECTION D / REVEAL MATERIAL:ALUMINUM FINISH: PAINT TO MATCH ARLON 112 OLIVE GREEN, SATIN FINISH SECTION E / STONE BASE MATERIAL: "AUSTIN" STONE REMOVALS: SCOPE OF WORK: FABRICATE & INSTALL (1) ONE DF ILLUMINATED MONUMENT l ELECTRICAL LOAD: AMPS VOLTS CUSTOMER APPROVAL DATE _ .Il CHANGES El ACCEPTED W/ CHANGES AS NOTED �-- 12 REVISE AS NOTED AND RESUBMIT .12 0a.17.11 BY DATE OIL L'llMIMYGH reIw.01911 MltOlfpa.14 roalelarno"anr..o1O^ M'-C. ttn n.IllaalMM1arr" ttMale w.w-7740 TO CNa t.I11vwM IVWn[ONI®Ialfledmeit.. wa, w.rn&,. ,.t.a tom aronwwu BY I COMPANY OR JOB NAME/ JOB DESCRIPTION 1 P1. _ Mp. 11 a� I l 1,1- I ADDRESS: r ail•li wt 5023 TRAIL LAKE DRIVE, FORT WORTH TEXAS 76133 SALESPERSON. OrnON.ER CGMTACP, VAN MILLER CHAD REISNER 120016 R8 CHRIST FELLOWSHIP MONUMENT, PAN CHANNEL LETTERS & WINDOW VINYL PROJECT IOF N01131-100Hd and ION 10 Z / ea 9100Z1 CHRI5T FELLOWSHIP CHRISTFELLOWD'r WtP OAC. TENANT TENANT TENANT 10395 Alta Vista Rd, Suite 200, Keller, TX 76244 I 0 817.431.5792 / F 817.431.5799 CC.tJCP.5Ti ;00 71P4.Z. r o • V9t • N • 4 il.it+R C00.11r4G.10/ct 3RE3A'l'N.' I'-Q'S°AC:NG !LEC RtCA . L \1E CCNC.R TE • a•• DIa4-i5TER P DE f GRADE rt 4. C:)NOQ• r1. .11 ormil/ ix/screen for uMTto InOwniENTOIN4r0 rt(IWtT71w0/JJD rtuA.:rM gl►WCt 1GrA it lt.tl/µ,*mow PI '41010•014M.1COIOa 111 E 4 6.1111/111./M. ONer• tWMOIDYOIY TC MTWY6W:/n0r1Mt02,6KC/DOCaO/r1:NaD1116N K19aU Notice to the Customer CUSTOMER APPROVAL I DATE Kota. Thu colon depicted on Mr rendering may not notch ecui i colon toed on the Noshed J.:alr Plate refer to the drutl drawing for the approved attar spedN:Wont Note: Tho coat of provMmg.lectrial owing to the to area, all relwrud psrrnto. and all racoon /aspecdons arc not Included In du: sign proposal. Nato: The prJpoi Jon al signs shown c. btaldtng and Ian/Ix: pa arca photos b an s:rpro•ra.Ato repro•,cnnnor.. 0 DATE CHANGES ❑ ACCEPTED W/ CHANGES AS NOTED REVISE AS NOTED AND RESUBMIT BY__ DATE ©COPYRIGHT Thrr drev'' n �crrv.-1 to r.:t yeti On vc...J.ong otv ! ropou.L The ar/erul dealMrorn am 4u prawn. af•L.Ipary:gro 01 Teeaa Perr ya:.,, to.rrpy or num, do drawng,an ay be. otrtlu'ed throµ(h 2 0 I 2 . wr.iten rn.:rre,rt arch let; -a iern et T.r../ '..e n ow who raprerentotae or call L.pcy:see o(Tetar BY 04.12.11 06 17.12 07.11.12 bIL COMPANY OR JOB NAME / JOB DESCRIPTION CHRIST FELLOWSHIP 120016 R8 aI`. -" MONUMENT, PAN CHANNEL LETTERS & WINDOW VINYL PROJECT u I. i. ADDRESS: 5023 TRAIL LAKE DRIVE, FORT WORTH TEXAS 76133 t_HiALEPEKSON.VAN MILLER CUSTOMER CONTACT CHAD REISNER l chit drawees doQ..nont, I ttnMnr..d t'.0 I am rut ob:etod a. ; sclota d:a {7' *Dw'{ � ygoci. •.ctwnMtv,dey� do a.iove .ctwak rnn.o: be ar.LmCed for p� Ittng„ rkpl• �c'wr ar.dly r wnufacu r.nn to snot ..r tgn er norm. ar; Mtameal cons; ri,,• e^ *du r ',ounce entity :or tie ;,upon or Intent of rrwadaat7..& or for we at intePecnral propa.y suo, as, tut not Pored to. a compurf lore, odes, tin r.prau-slued Sego wet paneled w L•tXY :Ins of Tone by the eu,mrner and nput 4ro M.. drawly c . uornt by a Lapry ..grt., of T.uaa ..T.lnyna. _ 2 OF