HomeMy WebLinkAboutContract 40532CITY SECRETARY
C9[+lTTRACT NO. �.3a
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 DILLARD TEXAS, LLC, a Delaware limited liability company,
("Licensee"), and owner of the property located at 4501 North Beach Street in Fort
Worth, Texas (the "Property").
RECITALS
WHEREAS, Licensee is the owner of the Property; and
WHEREAS, the City has a Drainage and Utility Easement (the "City Easement")
dated August 31, 1977 and recorded August 31, 1977 in Volume 6310, Page 566 of the
Deed Records of Tarrant County, Texas (also shown in Volume 388-115, Page 93 of the
Plat Records of Tarrant County, Texas), the location of which is more fully described on
Exhibit "A" and depicted on the drawing attached to this Agreement as Exhibit "B", both
of which are attached to and incorporated herein; and
WHEREAS, Licensee desires to construct/place a chain -link fence (the
"Encroachment") that will encroach onto the City Easement, as that fence is shown on
Exhibit B but only to the extent shown thereon; and
WHEREAS, to accommodate the needs of Licensee, City will permit the
Encroachment under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, the City and Licensee hereby agree as follows:
AGREEMENT
1.
City, in consideration of the payment by 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 Easement, as shown in Exhibit B. Licensee shall not expand or
otherwise cause the Encroachment to further infringe in or on the City Easement beyond
what is specifically described in Ext B. CITY SECRETARY
2. ET. !NORTH, T .:
All construction, maintenance and operation in connection with the
Encroachment's use and occupancy shall comply and be performed in strict compliance
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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 City Easement 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 the Encroachment, but City will make
reasonable efforts to minimize such damage. Should it become necessary to remove the
Encroachment in order to install, repair, replace or maintain improvements to City public
facilities or utilities in the City Easement, Licensee shall remove the Encroachment at
Licensee's expense. City shall furnish Licensee with written 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 Licensee's receipt of City's notice, to
relocate the Encroachment away from the City Easement and to restore the City Easement
to its original condition, all at the sole cost and expense of Licensee.
4.
Licensee further agrees that City shall have the absolute right, in its sole
discretion, to terminate this license or to refuse to allow the Licensee to continue to have
the Encroachment over, under or across the City Easement if City determines that the City
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility system or in
the event Licensee fails to comply with the provisions of this Agreement. City shall
furnish Licensee with written notice requiring the removal in a time period as is
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reasonable under the circumstances. After receipt of such notice, Licensee shall
thereafter immediately remove the Encroachment and restore the City Easement to the
same condition as existed prior to the installation of the Encroachment. In the event
Licensee fails to promptly remove the Encroachment and restore the City Easement
within the time required by the notice, City may remove the Encroachment and restore the
City Easement and assess a lien on the Property for the costs expended by 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.
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,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, 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 ali 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
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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 City Easement and is not a conveyance of any right, title or interest in or to the City
Easement.
In any action brought by City for the enforcement of the obligations of the
Licensee, if City prevails it shall be entitled to recover interest and reasonable attorneys
fees.
10.
The parties agree that the duties and obligations contained paragraphs 3 and 4
shall survive the termination of this Agreement.
11.
Licensee may assign its rights, privileges or duties under this contract without the
written approval of City; provided, however, such assignments may only be made to an
entity that is also the purchaser of the land underlying the City Easement. Licensee shall
notify City within sixty (60) days of said assignment.
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.
[SIGNATURES ON FOLLOWING PAGE]
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EXECUTED this IT day of
City
City of Fort Worth
By:or4WO400L.
Fernando Costa,
Asst. City Manager
ATTEST:
Secretary
2010,
Licensee
DILLARD TEXAS, LLC
James W. Cherry, Jr.
Vice President
Approved As To Form and Legality
JY vt� L N#q
Assistant City Attorney
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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 Fernando Costa ,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, 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 o2y` day of
2010.
EVONIA OANIELS
MY COtJ y 10 2013 PIRES
STATE OF ARKANSAS,
COUNTY OF PULASKI, SS:
Public in and for the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Arkansas, on this day personally appeared James W. Cherry, Jr., 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, as the act
and deed of the Licensee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �/ J�► day
MAi
of ?, 2010.
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State of Arkansas
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put of ths. 1111oa ha0 smeary, Abatraot floe 137,
situated in the northsastatrlIt part of tort Merth,
iA Tarrant County# sitxas, an aWw"i a portion
of patron Moe six describod in the to Amorican
tlasufaeturing CwWaxy of 'laYae p A lartnessbip,
ruorded 1A VOleft 5590, page 433, of the Tarrant
County Hoed R cords.
C i at a alvani sad itoa in the ust 1#so a!
said surrey ama Parcel 1030024/100 feet south of tho
mcwtheast 003MWC of said swrwy sad bei in County
Road 009 3033 (beach street) and also bein4 the
soatheast comer of the tract described is the deed
to the Clatyy of beet forth for odu s mad reoorded in
voluaMt s24i, ppasge 3900 of said Deed Records, and then
no north It detreas 3i trinato• west, alo" the south
Li" of said City tract, 2371.41/100 frtet and than south
no dries 04 minutes; most 40 feet to a 7/8" iron for
the northwest and beginning oonw r of the tract being
desoribeds
ThsAar south 4! dsgrass S; �tnutes east 40 feet wutharly
Yra�s and parallel to said City tract, 1S2w6d/100 Poet to
a point for mrsera
'rherce soath 43 degrees 04 ttirtutes wart Z#J®-49/l00 rteet
t+o a point for ®otrner i
to thw place nce north of bbeegrees 04 ginaing and contaiab" 13, Lutes, east 44 square
feet
agwtre beet.
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