HomeMy WebLinkAboutContract 43524 � s
CITY SECRETAR:
C ONTRACrw.
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 (property owner's name__Barbara Holston -- Fa Worth Aff�a L
Lnc.}, hereinafter referred to as "Licensee", owner of the property located at (street
address 347 Crump Street Ft. Worth,. exas 76102 } '.'Property",).
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property Hillside Addition , an addition to the City of Fort North,
Tarrant County, Texas as recorded in Volume _ "A" Page 3283 of the Deed
records of Tarrant County("Property"); and
WHEREAS, the City has a (width of easement _5'feet (type of easement
Utility asement —) (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 a 34`L x 5'H wrou ht iron
LeaCes between the new construction apartment buildinc
1 ad'acent to the existin
church buildin . As well as a 12"4""x 12`-4"x 8`H woad trim & steel rod frame trash
encloses concrete bollards _� 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
I.
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.
EOFFICIAL RECORD
SECRETARY WORTH, i X
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 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
r
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 per'od 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
Two-Hundred and Seventy-Five Dollars ($_275-QP 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 FIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION 'WITH, THE CONSTRUCTION,
3
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 OIL 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.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as are 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.
4
OFFICIAL RECORD
CITY SECRETARY
10. FT.WORTHS TX
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.
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 o day of_�� , 20�Y
City Licensee
City of Fort Wo Qb`
By: By: cucka't a,
op
0
� Name: Barbara Holston
RANDLE HARWOOD Title: Secretary Vice President/CEO
� DIRECTOR
PLANNING&DEVELOP
��C�
� �;��0000 000r��i��
I'M
ATTEST: �v° $�d ppr*P '� dA&li�j^
�
Attegedby. °oo o0°�
.Z,i � ' EG LITY:
May IVASSISTANT CITY ATTORNEY
City S etary Assistant C• Attorney
STATE of TEXAS
COUNTY of TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
,aka
Texas, on this day personally a eared mown to me to be the person
y p Y pp p
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 _ day of
20
IRMA WNZ
Notary Pubk Notary Public in and for the State of Texas
STATE OF TEXAS
Nay Comm,ev.Jan.28'201 B
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 Barbara Hoist 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 grantee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,Z0
��F'r•■�I CHRISTINA MARIE MAYO
+°,•• = Notary Public.State Texas
. x ate o r i
' = My Commission xpires
SSion E i
'` ►� � '' Noyember 17. 2015
Notary Public in and for the State of Texas
J
c K3
w
clFn
x a r iii, �n i trl i •-a a
i w
15 a
0—(IS [J CI �)6 C! J z (9* Oct (P '
Ri 15 2
r 4fI
f
� I a
fin
a V fit
dw Mb
LA
Lk
NZI
cc ,
Z z
i �� J a
I �1_j� L!�� w__ _ -�� __ --_ Ll
} y _ _ -_ --_-
Ir
HEW
LLJ
w Q* k W
LLJ
LLJ
H
ir
L )i
i
a L�
1-S n,11-.11 1S1FW6M c1�K0,K #SZ _1-/1 i� i,Si
I
PIN
133ULS CN03N — —
-a,,, Y ■ _.., Z¢I-u0T1A tl�1i911 4�iM6 Iv��l��-t�Wool���w-11+aw■n�Ir�w�o+