HomeMy WebLinkAboutContract 38913CC7NTRACRENO �3.�.�
EASEMENT ENCROACHMENT LICENSE AGREEMENT
JIB 4792
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 Jack
in the Box Eastern Division L.P., a Texas limited partnership hereinafter referred to as
"Licensee", owner of the property located at 7351 Oakmont Boulevard ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 3 Block A
Oakmont Center Addition, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Volume A, Page 10481, D209123040, of the Deed records of Tarrant County
("Property"); and
WHEREAS, the City has a fifteen foot (15') Water &Sanitary Sewer easement (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 aHandrail (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:
I�l1.7�I�Iu1�1►Y1
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. Uk+I IAA RECORD
CITY SECRETARY
PT WCRTH, TX
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.
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
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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 and Sevent -f� ive 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
3
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
Easement and in not a conveyance of any right, title or interest in or to the Easement.
9.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the
termination of this Agreement.
10.
Licensee covenants and agrees that, except for a sale lease/back purchaser, franchisee or affiliate
of Licensee, it will not assign all or any of its rights, privileges or duties under this Agreement
without the written approval of City, and any attempted assignment without such written
approval should be void.
11.
n
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.
12.
This Agreement shall be binding upon the parties hereto, their successors and assigns.
EXECUTED this day of , 2009.
City
City of Fort Worth
By:
Fernando Costa,
Asst. City Manager
ATTEST:
5
Licensee
JACK IN THE BOX EASTERN DIVISION
L.P., a Texas limited partnership
By: JBX General Partner LLC,
a Delaware limited liability company as
general partner
By:
Name: MI J. Sn
Authorized on
Approved As To Form and Legality
Assistant City Attorney
OFFICIAL RECORb
CITY SECRETARY
F'I: 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 appeared Ve�ft 65±CL ,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 r day
of ,20_.
Public in and for the State of Texas
pp�� rye,', EVONIA DANIFLS
" MY COMMISSION EXPIRES
F4 July 10, 2013
State of California )
County of San Diego )
On July 27, 2009 before me, Holly Johnson Notary Public, personally appeared Michael J.
Snider
Lot,
,,,.� �11.1Lb �I .4Fa �h 1 1
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence
to be the person(swhose name(sl(islare subscribed to
the within instrument and acknowledged to me that
(/she/they executed the same in ibis/her/their
authorized capacityaW, and that by this%her/their
signature(Won the instrument the person(s), or the
entity upon behalf of which the person(s)'acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
------------------------------------------------ OPTIONAL --------------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Easement Encroachment License Agreement JIB 4792
Document Date: 07/27/2009 Pages: 8
Signers) Other Than Names Above:
Signer's Name: Michael J. Snider
_ Individual
_X Corporate Officer Titles) X Authorized Person
_
Partner -- _ Limited _ General
.Attorney in Fact
_ Trustee
_ Guardian or Conservator
Other
Signer is Representing: Jack in the Box
Signer's Name:
Individual
_
_Corporate Officer — Title(s):
_ Partner -- _ Limited _ General
_ Attorney in Fact
_ Trustee
_ Guardian or Conservator
Other
Signer is Representing:
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Encroachment Agreement "Exhibit A'
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GRAPHIC SCALE IN FEET
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