Loading...
HomeMy WebLinkAboutContract 41903 (2).. c Wky-li 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 RACE STREET LOFTS, LTD. A Texas Limited Partnership, hereinafter referred to as "Licensee", owner of the property located at 2817 RACE STREET —LOT 2R — L.L. BENTON ADDITION (CITY FILE No. FSA11A14) RECITALS WHEREAS, Licensee is the owner of certain real property described IN DEEDS RECORDED IN COUNTY CLERK FILING NUMBER D211078060 AND D2110780619 A LOT 2R — L.L. BENTON ADDITION CITY FILE No. FS-011-014, a PROPOSED addition to the City of Fort Worth, Tarrant County, ("Property"); and WHEREAS, A PROPOSED 15' SANITARY SEWER DEDICATED BY PLAT (CITY FILE No. FS-011-014) (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 aBUILDING 1 AS CALLED OUT IN THE ATTACHED EXHIBIT AND A DUMPSTER ENCLOSURE ( the "Encroachment") which will encroach onto the PROPOSED City's SANITARY SEWER Easement as shown on the attached PLAT 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: -- 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. 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 Depaitment. 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 4. "1 he 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 & 00/100 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, 3 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 doctnne 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 descnbed 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. 4 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 ,� day of �y-rVL. , 20 City City of Fort Worth Fernando Costa, ATTEST: Licensee RACE STREET L®ETS, LTD. A Texas Limited Partnership, By: � Name: Jesus J. Chapa Title: Assistant General Manager �A,��'Approved As To Form and Legality Lj'XJNW�J 5 City Secretary STATE OF TEXAS COUNTY OF TARRANT Assistant City Attorney 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/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 oP4/5� day of , 20--Lf '�`•u'Y P��': L—VONIA DAI<IIELS MY COMMISSION EXPIRES 6 �F �E; July 10s 2013 OFFeC1A� RECARY CITY SECRET FTW 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 Jesus J. Chapa, 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 SApAHJ.ODLE MY COMMISSION EXPIRES November 5, 2011 lic in and for thle Slue of Texas 7 4' SIDEWALK CV SANITARY SEWER EASLMENT (BY PLAT) F: ; TT' L-_.( P Bury+Partners ENGINEERING SOLUTIONS 5310 Harvest Hill Road, Suite 100 Dallas, Texas 75230 Tel. (972)991-0011 Fax (972)991-0278 Bury+Partners—DF11, Inc.©Copyright 2008 Texas Registration IF-1048 If i 0 cia J EXHIBIT A F PROPOSED CONDITIONS SANITARY SEWER EASEMENT ENCROACHMENT PROJECT RACE STREET LOFTS EXIST. 6" SS MAIN (L-1824 CLAY) NORTH GRAPHIC SCALE IN FEET 0 10 20 SCALE: 1 "=20' NRP GROUP LCC 25 PROJECT NO. 30528-07 F; \30528-07\CADD\Exhibits\Encroachment Exhibit.dwg DATE: 05/16/11 HC UNIT 6.23 (i o EXIST. 6" SS MAIN • L 1 SANITARY SEWER EASEMENT (BY PLAT) al(L-1824 CLAY) _a„hisatatillatisa r--r -- I I I1 L--J L1 tD DUMPSTER ENCLOSURE EXIST. 6" SS MAIN (L-1824 CLAY) NORTH GRAPHIC SCALE IN FEET 0 10 20 SCALE: 1"= 20' 25 Bury+Partners ENGINEERING SOLUTIONS 5310 Harvest Hill Road, Suite 100 Dallas, Texas 75230 Tel. (972)991-0011 Fax (972)991-0278 Bury+Partners—DFB, Inc.@Copyright. 2008 Texas Registration gF-1098 EXHIBIT 1A2a PROPOSED CONDITIONS SANITARY SEWER EASEMENT ENCROACHMENT PROJECT' RACE STREET LOFTS N RP GROUP LCC PROJECT NO. 30528-07 Ft \30528-07\CADD\Exhibits\Encroachment Exhiblt.dwg DATE: 05/16/11 Page 1 of 2 Foreman, Cassandra From: Foreman, Cassandra Sent: Tuesday, May 24, 2011 10:32 AM To: Harris, Melissa; Chaisson, Avis Cc: Odle, Sarah; Schroeder, David Subject: RE: 2817 RACE ST...Nez approval.. Thanks, Melissa. Avis, we will get your encroachment agreement contract routed today. You will be notified via email once your agreement has been executed. A great day wish to everyone! Cassandra Foreman From: Harris, Melissa Sent: Tuesday, May 24, 2011 10:23 AM To: Foreman, Cassandra Cc: Odle, Sarah; Chaisson, Avis Subject: 2817 RACE ST...Nez approval.. Hi Cassandra, Here is the nez approval number for this address. Thanks and Have a great day! Permit: NZ11-00301 Status: APPROVED Date: 05124I2011 Address: 2517 RACE ST CFV,� t APPLICANT: RACE STREET LOFTS LTD B�k �w --sL__ __1- 1�� _ __(_ ___-�I_� . -_�-- -- ____1__�_ L�� �I � - _-1_____ �.�-.-__l FORT WORTH Melissa Z Harris City of Fort worth Planning & Development Department Permit Technician Nez Program 817-392-2222 Back Stop I OS/24/2011 Page 1 of 3 Foreman, Cassandra From: Foreman, Cassandra Sent: Monday, May 23, 2011 4:56 PM To: Chaisson, Avis Cc: Odle, Sarah; Schroeder, David Subject: RE: Encroachment Agreement: 2817 Race Street Thanks for the update, Avis. Once you have the official NEZ approval, please forward a copy of this for our files. When received, your agreement will be routed. Have a great evening! Cassandra Foreman From: Chaisson, Avis Sent: Monday, May 23, 2011 4:51 PM To: Foreman, Cassandra Cc: Odle, Sarah Subject: RE: Encroachment Agreement: 2817 Race Street Cassandra, This project has NEZ app pending. The certification should be issued tomorrow; therefore the fee should be waived. If you have any questions, please let Sarah or I know. Thanks so much. Suu;exeei�, Qum .� . C'.Pcaci�s � a.� 817-392-6342 From: Foreman, Cassandra Sent: Monday, May 23, 2011 3:36 PM To: Chaisson, Avis Cc: Schroeder, David Subject: RE: Encroachment Agreement: 2817 Race Street Avis: Once we receive the agreement fee ($275) on this, we can route your agreement for official execution. Please advise when we can expect this. Cassandra Foreman From: Chaisson, Avis Sent: Monday, May 23, 2011 3:35 PM To: Lopez, John (Water); Foreman, Cassandra; Wong, Soon Cc: Schroeder, David Subject: RE: Encroachment Agreement: 2817 Race Street Thanks so much John. S��, � .�. C'.iPaaci�s�an 817-392-6342 From: Lopez, John (Water) OS/24/2011 Page 2 of 3 Sent: Monday, May 23, 2011 3:17 PM To: Foreman, Cassandra; Wong, Soon; Chaisson, Avis Cc: Schroeder, David Subject: RE: Encroachment Agreement: 2817 Race Street Water has no objections to the attached. Thanks. From: Foreman, Cassandra Sent: Monday, May 23, 2011 8:31 AM To: Lopez, John (Water); Wong, Soon Cc: Schroeder, David Subject: Encroachment Agreement: 2817 Race Street Good morning, gentlemen: Please find attached for your review and approval an easement encroachment agreement for the construction of a building and an enclosure for a dumpster over a 15' sanitary sewer easement. Cassandra Foreman Planning&rDevelopment Projects Coordinator 817-392-8188 From: Chaisson, Avis Sent: Friday, May 20, 2011 11:49 AM To: Foreman, Cassandra Subject: FW: Exhibits for Encroachment Agreement Hi Cassandra, Here are the exhibits for the Race Street Lofts encroachment agreement. If you have questions, please let me know. Thanks so much. Suu:e�ce�i�, Qcw� 3. C,Piaci�s�� 817-392-6342 From: Khamooshi, Thomas [mailto:tkhamooshi@burypartners.com] Sent: Friday, May 20, 2011 11:49 AM To: Chaisson, Avis; Michael Casias Subject: RE: Exhibits for Encroachment Agreement Here they are. Thomas Khamooshi � Bury+Partners � (972) 991-0011 From: Chaisson, Avis [mailto:Avis.Chaisson@fortworthgov.org] Sent: Friday, May 20, 2011 9:58 AM To: 'Michael Casias'; Khamooshi, Thomas Subject: Exhibits for Encroachment Agreement Michael and Thomas, Can you please forward the exhibits for the encroachment agreement to Cassandra Foreman in Planning and Development3 Thanks. OS/24/2011 Page 3 of; 3 llvle s C'�a�eeas`c Development Project Coordinator City of Fort Worth, Texas Housing � Economic Development Depaztment 1000 Throckmorton Street Fort Worth, Texas 76102-6312 (P) 817-392-6342 (E) avis.chaisson@fortworthgov.ot� (Web) FORT WORTH Ernnomic R Comnn�nity ncrrlopn�cnl Forl u'or/b nierrns business! CONFIDENTIALITY NOTE This e-mail and any files transmitted with it contain privileged and confidential information and is intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient or the person responsible for delivering the a -mail to the intended recipient, you are hereby notified that any dissemination or copying of this E-mail or any of its attachments) is strictly prohibited. If you have received this a -mail in error, please immediately notify the sending individual or entity by a -mail and permanently delete the original a -mail and attachments) from your computer system. OS/24/2011