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HomeMy WebLinkAboutContract 42707CITY SECRETARY CONTRACT NO.__g220_ _- 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 3209 N. MAIN STREET JOINT VENTURE, a Texas joint venture, hereinafter referred to as "Licensee ", owner of the property located at (street address) ( "Property "). RECITALS WHEREAS, Licensee is the current owner of certain real property described as Lots 5, 6, 7, 8 and the South 1 foot of Lot 9, Block 104, of the M.G. Ellis Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63, Page 19, Map Records of Tarrant County, Texas, SAVE AND EXCEPT, the East 10 feet thereof conveyed to the City of Fort Worth for street right -of- way, commonly known as 3209 N. Main Street, Fort Worth, TX 76106 ( "Property "), together with that one -story commercial building constructed by Licensee's predecessors in title and containing approx. 11,478 SF (the "Building "); and WHEREAS, Licensee discovered on application for re- platting of the Property that the City has an existing sanitary sewer line and related facilities and an underground drainage line and related facilities (the "Sewer and Drainage Facilities ") in, on or under those defined areas of the Property as shown on the maps attached to this Agreement as Exhibit "A" and incorporated herein that the Building was constructed over the Sewer and Drainage Facilities such that a portion of the Building (the "Encroachment ") does encroach onto the area where the City's Sewer and Drainage Facilities are located as shown on the attached survey and only to the extent shown thereon; and WHEREAS, Licensee has granted the City a Permanent Drainage Facility Easement and Permanent Sewer Facility Easement (the "Utility Easements ") both of even date herewith, recorded in the Official Public Records of Tarrant County, Texas, reference to which is made for all purposes; 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 The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter OFFICIAL RECORD' CITY SECRETARY FT. WORTH, TX j contained, to be kept and perfonned by the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Utility Easements as described in the Utility Easements 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 Utility Easements 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 of City, or his duly authorized representative. Prior to any new construction in the Building in the area of the Encroachment, Licensee shall submit all plans and specifications to the Director or his duly authorized representative. Licensee shall not commence new construction in the Building in the area 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 those portions of the Building that constitute 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 Transportation and Public Works Department. 2 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. 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 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 Seventy Five Dollars ($275.00) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. 7 rel 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. 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. 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 Utility Easements and in not a conveyance of any right, title or interest in or to the Easement. 4 a 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. 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 day of DR C 2 m be (' , 2011. [Signatures Begin on Following Page] s CITY OF FORT WORTH I' Fernando Costa Its: Asst. City Manger City Secretary Approved As To Form and Legality Assistant City Attorney Contract Ruthorizaitioa STATE OF TEXAS COUNTY OF TARI BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared rerjjo CYb (X f4G ,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 ' ' " day of —,�P-eem6912. , 201 1. r otary Public in an for the State of Texas L:!^I.��. 5!iXFfR •� ;�a,y ; . aci,3 Fs I i OFFICIAL RECORD, CITY SECRETARY FT. WORTH, TX � LICENSEE 3209 N. MAIN STREET JOINT VENTURE, a Texas joint venture By. �,s...� aco . Jordan, Venture Manager 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—JACOB G. JORDAN, the Venture Manager of 3209 N. MAIN STREET JOINT VENTURE, a Texas joint venture, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2/� day of 2011. Notary Public in and for the State of T � e AA.1A ePAiaH.GAI�@AILdO ��PPY Pal r r�qicgi *EL SEAY �iss'san Expires , : '/ 2013 11 EXHIBIT A Location of Encroachment EXHIBIT A Location of Encroachment Parts of Lots 5 and 6, Block 105, M.G. ELLIS ADDITION, to the City of Fort Worth at the locations shown on the attached mark -ups of that Land Title Survey of Lots 5 -9, Block 105, M.G. ELLIS ADDITION, prepared by David Petree, RPLS 1890, dated August 25, 2011 (last revised September 16, 2011). o I o N O 50.0' 50.0' 4 � i h 200.0' .p, o y� — �y O g aj O o ,g EO t0 O O � O C� Z 50.0' 20' ALLEY N 00&19'06" W 201.00' • o 50.0' 200.0' — v OD 7z aj O o 2 D 6 1�1" ~ 169.8' • o 50.0' t+1 — ~ m 1 .. z m : ■ . .o " . 1.5' '23.25 X. L =1 °78.11' 29.9 I. R: :r 709.35 - :. -- - - - -- - - - -- ORIGINAL. BLOCK- LIN _ EXHIBIT - �- W.M. GRAY. SURVEY A6STRACT NO, 6.35 —k A. ANDERSON SURVEY ABSTRACT NO. 21 ZR O.-W. CENTERLINE :. . z2 E L L I S STREET (50 FOOT RIG.T OF WAY) 9 R NI. Ali PA Go nr nr -------- - - - - - - - - - - - - - - - - - - - - - - NORTH MAIN STREET EXHIBIT p 2j: 41 ra ON R; P4 11 a Ai,9s'f I fit n".11f 111 11 lilfi.= T;il�j ;i, I -�ll P, ! ai: CKJJ 9!;y V F t 11,1i fill n-11 4; lit, fl 20 .4ti.1Ey 00'19'09' W 201.00' --F- 7— F --T-- 9 R NI. Ali PA Go nr nr -------- - - - - - - - - - - - - - - - - - - - - - - NORTH MAIN STREET EXHIBIT p 2j: 41 ra ON R; P4 11 a Ai,9s'f I fit n".11f 111 11 lilfi.= T;il�j ;i, I -�ll P, ! ai: CKJJ 9!;y V F t 11,1i fill n-11 4; lit, fl M &C Review CITY COUNCIL AGENDA Page 1 of 1 ,Yf of ;.i;. Far, We lh. Te,,a` FORT IVORT11 COUNCIL ACTION: APPW**&*ff-4'ffl&2M 063209 NORTH MAIN JOINT DATE: 11/15/2011 REFERENCE * *C -25266 LOG NAME: VENTURE EASEMENT NO.: ENCROACHMENT CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of an Easement Encroachment Agreement with 3209 North Main Street Joint Venture for the Construction of a Building Which will Encroach Over the City's Fifteen Foot Sanitary Sewer Easement at 3209 North Main Street (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of an easement encroachment agreement with 3209 North Main Street Joint Venture for the construction of a building which will encroach over the City's 15 foot sanitary sewer easement at 3209 North Main. DISCUSSION: 3209 North Main Street Joint Venture has requested use of the public right -of -way for the construction of a building which will encroach over the City's 15 foot sanitary sewer easement at 3209 North Main Street. Staff from both the Transportation and Public Works and Water Departments have reviewed this encroachment request and recommend City Council approval. 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 2. 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 GG01 421232 0062000 275.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 3249 N Main Exhibit A Ddf FROM Fund /Account/Centers Fernando Costa (6122) Randle Harwood (6101) David Schroeder (2239) packet /mc review.asD ?ID= 16075 &councildate = 11/15/2011 12/12/2011