HomeMy WebLinkAboutContract 42086CITY SECRETARY.
CONTRACT NO.to
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 CVS Pharmacy Inc, hereinafter referred to as "Licensee", owner of the
property located at 700 W Seminary Drive.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as reflected
on Exhibit "A" attached hereto and incorporated herein, an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Volume , Page , Instrument
D211135269, of the Deed records of Tarrant County ("Property"); and
WHEREAS, the City has a twenty foot(20') wide drainage easement (the
"Drainage Easement") in the property as shown on the map attached to this Agreement as
Exhibit "B" and incorporated herein; and
WHEREAS, the City has a fifteen foot(15') wide utility easement (the "Utility
Easement") in the property as shown on the map attached to this Agreement as Exhibit
"C" and incorporated herein; and
WHEREAS, Licensee desires to construct/place paving, retention wall and a
dumpster( together, the "Drainage Easement Encroachment") which will encroach onto
the City's Easement as shown on the attached Exhibit "B" map and only to the extent
shown thereon; and
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
1
03-05-1 1 A 10 : 34 IN
WHEREAS, Licensee desires to construct/place a retaining wall (the "Utility
Easement Encroachment") which will encroach onto the City's Utility Easement as
shown on the attached Exhibit "C ' map and only to the extent shown thereon and
WHEREAS, the Drainage Easement Encroachment and Utility Easement
Encroachment are together herein referred to as the "Encroachments".
WHEREAS, the Drainage Easement and Utility Easement are together herein
referred to as the "Easements".
WHEREAS, to accommodate the needs of the Licensee, the City will approve
allowing the Encroachments under the teu ns and conditions as set forth in this
Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
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
2
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 or for any
other public purpose. City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from of Encroachments installed by
Licensee, but City will make reasonable efforts to minimize such damage. Should it
become necessary to remove the Encroachments to install, repair replace or maintain
improvements to City public facilities or utilities in the Easements, the Licensee shall
remove the Encroachments at the Licensee's expense. The City shall furnish the Licensee
with notice if removal of the Encroachments is deemed necessary by the Transportation
and Public Works Department. Licensee agrees that upon request of City, and within 30
days from the date of such request, to relocate the Encroachments away from the
Easements and to restore the Easements 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
Encroachments over, under or across the Easements if the City determines that the
Easements are being substantially damaged by the Encroachments, or that the
Encroachments otherwise place 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 Encroachments and restore the
Easements to the same condition as existed prior to the installation of the Encroachments.
3
In the event the Licensee fails to promptly remove the Encroachments and restore the
Easements within the time required by the notice, the City may remove the
Encroachments and restore the Easements and assess a lien on the Property for the costs
expended by the City to remove the Encroachments.
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two Hundred Seventy Five and 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,
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.
4
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.
8.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachments over or within
the described Easements and in not a conveyance of any right, title or interest in or to the
Easements.
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.
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.
5
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.
6
EXECUTED this -day of k ADA�
City:
City of Fort Worth
By:
Fernando Costa,
Asst. City Manager
ATTEST:
-1)CY aLLI‘
City Secre
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Licensee:
CVS Pharmacy, Inc.,
a Rhode Island corporation
By:
, 2011.
Kristine L. Donabedian
Assistant Secretary
CVS Legal Approval: Maryann Civitello
Approved As To Form and Legality
1\kititfrti g-e0Thfinfi\r6
Assistant City Attorneye, ter ib.1.)CO
OFFICIAL RECORD
CITY SECRETARY
FT. 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 appearedpeRgiwatee 4, 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 JI� day
2011.
I 1 .IY . e I 1
ve p11W PVC o
lees
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IIIR».14111
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
r.._J--, .r.,.
I Y I
STATE OF RHODE ISLAND
COUNTY OF PROVIDENCE
otary Public in and for the State of Texas
Ci The foregoing instrument was acknowledged before me this2I�
day off 2011, by Kristine L. Donabedian as Assistant Secretary of CVS
PHARMACY, INC., a Rhode Island corporation, for and on behalf of the corporation,
for the purposes therein stated.
OFFICIAL RECORD
CITY SECRETARY C 1/4-
FT. WORTH, TX
My commission expires:
Notary Public
Mary E. Hassan
Notary Public #37471
State of Rhode Island
MY Commission Expires 07/25/2013
8
EXHIBIT "A"
Legal Description of the Property
That certain tract of land situated in the E P PARRIS SURVEY, ABSTRACT No. 1222,
in the City of Fort Worth, Tarrant County, Texas, being all of Lots 3 through 22, Block 7,
South Side Addition an addition to the City of Fort Worth, Tarrant County, Texas,
according to the Plat thereof recorded in Volume 204-A, Page 109, Plat Records, Tarrant
County, Texas, and all of a 15 foot alley running Fast to West and all of a 15 foot alley
running North to South abandoned by Ordinance No. 19699-05-2011, Deed Records,
Tarrant County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "WAI" found for corner at
the intersection of the South right-of-way line of W. Anthony Street, a 50-foot right-of-
way, with the East right-of-way line of Travis Street, a 50-foot right-of-way, said point
being the Northwest corner of said Lot 14
THENCE South 89 deg 50 min 18 sec East, along said South right-of-way line of W.
Anthony Street, a distance of 345.24 feet to a 1/2-inch iron rod with a plastic cap stamped
"WAI" set for corner at the intersection of said South right-of-way line of W Anthony
Street with the East line of a 15-foot alley, said point being the Northeast corner of Lot 1,
Block 7 of said Addition;
THENCE South 00 deg 09 min 42 sec West, along the East line of said 15-foot alley and
the West line of said Lot 1, a distance of 89.00 feet to a 1/2-inch iron rod with a plastic
cap stamped "WAI" found for comer at the Northwest corner of said Lot 3, Block 7
THENCE North 89 deg 50 min 18 sec West, departing the East line of said 15 foot alley
and along the North line of said Lot 3, a distance of 125.00 feet , said iron rod being the
Northeast corner of said Lot 3 and being in the West right-of-way line of Hemphill Street
(80' R.O.W.);
THENCE South 00 deg 09 min 42 sec West, departing the North line of said Lot 3 and
along the West right-of-way of said Hemphill Street, a distance of 166.00 feet to a 1/2-
inch iron rod with a plastic cap stamped "WAI' found for corner, said iron rod being at
the Northeast end of a corner clip at the intersection of the West right-of-way line of said
Hemphill Street and the North right-of-way line of West Seminary Drive (105' R.O.W.);
THENCE South 45 deg 09 min 42 sec West, along said corner clip, a distance of 14.14
feet to a 1/2-inch iron rod with a plastic cap stamped "WAI" found for comer,
THENCE North 89 deg 50 min 18 sec West, along the North right-of-way line of said
West Seminary Drive, a distance of 460.24 feet to an ' X" cut in concrete found for corner
at the intersection of the North right-of-way line of said West Seminary Drive and the
East right-of-way line of aforementioned Travis Avenue;
THENCE North 00 deg 09 min 42 sec East, departing the North right-of-way line of said
West Seminary Drive and along the East right-of-way line of said Travis Avenue, a
distance of 265.00 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 113,438 square feet or 2.604 acres of land,
more or less. Bearings shown hereon are based upon an on the ground survey performed
in the field utilizing GPS observations (WGS84) of N00°09'42" h along the East right-of-
way line of Travis Avenue
10
EXHIBIT "B"
Map of Drainage Easement and Encroachments (attached)
11
VICINITY MAP
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ENCROACHMENT
AREA
LOT 4R
0.974 AC.
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LOT 3R
C1/13/PharmacY
12.900 SF
79 PARKING SPACES
1.628 AC.
70,931 S.F.
FEE= 676.00
W. SEMINARY DR
(105' RICHT-OF-WAY)
OC
LOT 19R
4
stoic: 1'•• 40'
D.U.E. # 6659
cvs
ptimuncy
CS NUMBER: 57088
STORE NUMBER: 7455
W. SEMINARY OR. & HEMPHILL ST.
FORT WORTH, TEXAS
DEVELOPER:
is22WoASCOINAS BLVD.
222
W. ngI COslopm nt
SUITE Zito
IRVING, TX 15039
TEL: 0/72)889405S
FM: (972)889.8063
CIVIL ENGINEER:
Winkelman
t Associates, Isc
SCALE:
DATE:
a NUMBER:
fa NAME:
1-= 30'
05/24/11
58728.01(20)
Encroachmenil.dwg
ENCROACHMEHT
IENNORET
EXHIBIT "C"
Map of Utility Easement and Encroachments (attached)
12
ec
VICIN TY MAP
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LOT 4R
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LOT 3R
C/$/pharmacy
12.900 SF
79 PARKING SPACES
1.628 AC.
70.931 S.F.
FFEc. 678.00
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BLOCK 8
SOUTH SIDE ADOIPON
VOLUME 388-57. PAGE 85:
LOT 18R
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LOT 19R
PP
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scale t'n .)p•
no'
D.O.E. N 6659
cvs
phanaromcy
CS NUMBER: 57088
STORE NUMBER: 7455
W. SEMINARY DR. & NEMPHILL 5T.
FORT WORTH, TEXAS
DEVELOPER:
I2. L*SC NUNASB
222 W.IAS t•109mM
nt
SURE 1610
IRVINO,TX 75039
TEL: (972)559d055
FAX: 1972)6694063
CIVIL ENGINEER:
Winkeimann
& Associates, Ise.
c roan atat.-awns ti.
SCAIL:
DATE:
+ro NUMBER:
FIX NAIL:
1' n30'
05/24/11
58728.01(20)
Encroochmentl.dwg
Ettaaucw
M&C Review
Page 1 of 1
IL
COUNCIL ACTION: Approved on 7/26/2011
DATE: 7/26/2011 REFERENCE
NO.:
**C-25050 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
SUBJECT: Authorize Execution of an Encroachment Agreement with CVS Pharmacy Inc., for the
Construction of Paving, a Retention Wall and a Dumpster within a Twenty Foot Wide
Drainage Easement in the Vicinity of 700 West Seminary Drive (COUNCIL DISTRICT 9)
Official site of the City of Fort Worth, Texas
FORT WORTII
06CVS EASEMENT
ENCROACHMENTS(PAVING,
RETAINING WALL &DUMPSTER)
NO
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard
encroachment agreement with CVS Pharmacy, Inc , for the construction of paving, a retention wall
and a dumpster that will encroach into a 20 foot wide drainage easement in the vicinity of 700 West
Seminary Drive.
DISCUSSION:
CVS Pharmacy, Inc., has requested use of a City owned drainage easement for the construction of
paving, a retention wall and a dumpster that will encroach into a 20 foot wide drainage easement in
the vicinity of 700 West Seminary Drive.
Staff from Transportation and Public Works Department Storm Water Division have reviewed and
approved this encroachment request.
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 9.
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 FROM Fund/Account/Centers
GG01 421232 0062000 $275.00
Submitted for City Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Randle Harwood (6101)
David Schroeder (2239)
http: //www. fortworthgov. org/council_packet/mc_review. asp?ID=15 524&counci ldate=7/... 07/28/2011