Loading...
HomeMy WebLinkAboutContract 43546 (2)CITV SECR5TARV 2 13�- � -- CONTRACT NO. , - .. �- 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 UPLIFT EDUCATION, hereinafter referred to as "Licensee", owner of the property located at 1801 SOUTH BEACH STREET ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as JOHN RINGER SURVEY -- ABSTRACT NO 1286 IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS — ALL OF TRACT 1 AND 2 AS RECORDED IN SPECIAL WARRANTY DEED INSTRUMENT NO D212069479 of the Deed records of Tarrant County ("Property"); and • WHEREAS, the City has a 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 2 SIGNS ( 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: 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. 1 03-30-1 2 PO4:O6 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, 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. 2 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 hen 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 ZERO Dollars ($0.00) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. (FEE WAIVED IN ACCORDANCE WITH NEZ TAX ABATEMENT POLICY (M&C G-17133) 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 doctrine 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 described 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 ATTEST: WA City Secretary • 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 City City of Fort Worth ,n 1 b i .. By: Rand - Harwood' ,�.ap���n Name: a Director, Planning and D�� oGoo, ,+ QR)"��i�le: g Ike 0 /gift 0° % 0 ii) %%0°0 tal °ot14 0000QoIC 1 o° OCI*.�+proved As Toand Legality K9 sillr. �.o. " l � °Kl/ day of 20 Iz. NO M&C REQUIRED Licensee UPLIFT EDUCATION By: 0 el nro o 0 P6Aerhc\ \.(cksm"( 6k0;-he.‘ cc o Assistant City Attorney 5 ©llzAL U ©opm t! 2> 1J1\L�fl �� ® 1,?UCAiifil119 U K 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 Randle Harwood 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. h .,u .1.•.4 •toW• .I•• • GIVEN UNDER MY HAND AND SEAL OF OFFICE this see. (� , 20 ( u IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan, 28, 2016 1♦ n •� • • day of keit_ -V Notary Public in and for the State of tjxas 6 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 YASMIN BHAT.IA, 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 Ls ,20 v day rign,a; C L Notary Public in and for the Stto o T- as 7 CvNTHIA DARLINE WADE _Po' **VNotary Public, State of Texas N., : My Commission Expires "" a�`�' Ap it 05, 2016 • _ ask. 1 . • LP AVENUE J Z4" aiPP7AERS2X-141-101ET DEE - .-. — — — — _ ct SB MH ____.____--_ of MwW 4 Z VI CIJ U PROPERTY LINE SEWER EASEMENT - VARIES FROM 35' WIDE TO 25' WIDE 5'-0" UTILITY EASEMENT PROPERTY LINE -,OFT • C f 7 X� �i 24" SS - APROX 9 FT DEEP 1801 SOUTH BEACH STREET GABOR A. SZTAMENITS, TRUSTEE OF SZTAMENITS FAMILT TRUST INSTRUMENT NO. D211144371 (D.R.T.C.T.) 7.213 ACRES (314,191 sq. R.) Z 1 1 ./ 1 8 ss_d DEEP II i II PA4K G AND `-50'-0" ELECTRICAL UTILITY EASEMENT L04DII G 1I I I 1 1 ( 4 1 1 1 I I I 1 I ,4 )515' IRF t 1' f 1 t iri 48' UPLIFT MERIDIAN PREPARATORY Fr ton t lev;dmn Signage Innovations Sale: l•.1e - r Environmental Signage Solutions 8181 jetslar Drive Irving, iX 75063 wwwasisignage.com • m N ie irs N an s u M • 02. Ir 1 N Detail Al Painted Graphics Orange a PMS 169C Red = PMS 188C White = Matt. 32071 White Wonder Yellow = PMS 123C Uplift Yellow Silver = Matt. 18074 Sparkle Slaver Note-. Gloss Clear Coat Entire Sign - Graffitl Resitant Finish 21/8" Deep Fabricated Alum. Pan Painted Matt. 07102 Deep River Note: Gloss Clear Coat Entire Sign - Graffiti Resitant Finish Project Uplift Education - Meridian Campus Location Fort Worth, TX Description Secondary Monument Sign Qty. 1 2 1/8' big ....... 0811011011... Thru-Bolt to Steel Frame Section A Revisions Flat Head Self- 1 '8" 2" Drilling SMS 2" x 2" Alum. / Angle i Top/Bottom Detail Al Mounting Bolt 1 1/2" x 1 1/2" Alum. Angle 1/8" Alum. Face/Back e Cs typical Found lion - All Pools By Date DALE - Project Managers MG Item:1 Client: Pogue, Inc. File 8 Location: •U • uplift Education Schools • Meridian • SHOP DRAWINGS • "FencePanelSD.al" Notes This MN. Y W NNnM SASI MM. Knit.. 110, t•.Yy lot timillad wJw •owllbtd iMwwh4 b• .lnedlwl.N matte atlphnl wNnoolta tlx boas. Naan.aled/Nd .Ian With dNlsp. oilM V spied w INI.Mrd10.btNInpot, mitt Nihon /mad lit my nave.. sp Moon stalls mad Ito purpose* MIA I sr &handwIW.Nm.written Mobtn Iona Ad Ire bretiont, Eyebolts at Uft Points (plegsed with set screws) Date ¶7/20/12l Scale AS Noted Drawn By MG I Sheet 1 of 2 Dwg. No. virttt,ly M,tu as; Signage innovations Environmental Signage Solutions 8181 Jester Drive Irving, TX 75063 vrww.asislgnage.com Project Location Description Qty. Area Detail Uplift Education - Meridian Campus Fort Worth, TX Secondary Monument Sign 1 AVENUE J t20'-it Area (Mail Revisions r NEW S-0' WIDE SIDE Mx AND CURS RAMPS (!) TC MEET CITY OF FT WORTH AND TAS STANDARDS — NEW T'47 SLIDING ORNAMENTAL FENCE GATE 241 WIDE OPENING PROVIDE GONG PAD IW WIDE SYtrDEEP FOR LENGTH NEEDED FOR FENCE GATE TO ROLL ON -ADJUST GRADES AS NEEDED Sign Location (Behind Property Line) By Date SOHOOL AND FIRE DEPARTMENT ENTRY GATE 4' 6 ISM a OM --CARD READER AND INTERCOM BOX.SOLLARD N FRONT OF 90X S7-O' NEW SIDE WICK BOLLARD Notes This twine Is its WWI ran*. isnwMt. This loft is SSW t na/WMinIdYWipba 'Held p.p.n.M th .wIW.4 bit ' $W tt. 4..wi w w...IW W spun NOS /rww'a nM esliml . toPmabAlli Mohan pi w b wwwb toned In or, — at le an, pens, *apt N wt **paw M .Mar,1 —SnW.na/atoms Ian ping W tree AN tltng. iswil... CURS STOPS AT EACH STALL THIS ROW • DOWEL INTc PAVING at=tir Date ce7/20/121 Scale Ail Drawn By MG Dwg. No. Sheet 2 of 2 • 74 3/8" • its Flat Head Self- 1'8" 2" /' OrlHingSMS head Al Signage Innovations 2" x 2" Alum. Angle ® Top/Bottom Mounting Bolt 1 1/2' X 1 1/2' Alum. Angle 1/8" Alum. Face/Back Environmental Signage Solutions 81E1)etstar Drive Irving, TX 75063 www.asislgnage.rom 192' (161.01 117 S/8" (9' - 9 S/8") UPLIFT MERIDIAN PREPARATORY 1801 South Beach Painted Graphics Orange = PMS 169C Red =PMS 188C White = Matt. 32071 White Wonder Yellow = PMS 123C Uplift yellow Silver = Matt. 18074 Sparkle Silver Note: Gloss Clear Coat Entire Sign - GraNlti Resitant Finish 2 1/8" Deep Fabricated Alum. Pan Painted Matt. 07102 Deep River UPI. IFI PREP•i An AN 181.11 ;innih Heac11 Project Uplift Education - Meridian Campus Location Fort Worth, TX Description Monument Sign Qty. 1 Revisions • • 80 • • In By Date Detail Al 2 1/8" DAIL- Item: %ice-• tyeboib at Int Polnb (phoned with set snows) Thru-Bolt to Steel Frame Project Meow MG dlent: PMSI Fite 5 Loudon: auWiwP4ti1141fV1i�Hiuduliiuullw1£IG um •u • Uplift Education Schools • Meridian •SHOP DRAWINGS • 'FenceMonso.al" Notes t? �rM,MM p.srNAnMe'.s Mess. 11M *midi M *SSW undo n ewM•II sY .ss M, n MAW peps SIN nosh, l,nenp$MM earal. SWIM oat* and apes WI qM hemenha Y .•W n pn4r' N #a M Info(- Me wnMs mnbr In wry linen Marry pins mMIM wool the impede *NM II r ISMS *eat 'promotion /Inn W Mn Me"An Limp lnMJMn. — ..-. t 1/20/12 l Scale A Vo�e '1 Drawn By MG Sheet 1 of 3 Dwg. No. 4 Vicuuly MAI DALL• Item: Praia* Maaget: MG dent: PMSI File a location: •U • Uplift Education Schools • Mighty •SNOP DRAWINGS • "MonumenlSD..P asi Slgnage Innovations : .MCS,C Si ' - 1 •�, . S.. EVickery aWAu -. S4. El Pali ,- Pyramid Holy Name tAu of Jew Catholic Chu& .n Environmental Slgnage Solutions 11111 Jetstar Drive Irving, TX 75063 wwwasisignage.com Avenw N :1'.. .. .Avanue 1. /1venW Aventa N t RU Durw11Rd3 -:'ic i to BurchUI .'. - a Area Detail Project uplift Education - Meridian Campus Location Fort Worth, TX Description Monument Sign Qr1c1 instinfah Area DALAl Revisions • ♦ Sign Location N01110MMPS. 11.01111100 oinaraserno axaP1 By Date ♦ • wdtin tMM10001. • ♦ AVENUE J watt Notes tb• anal It the property dM1 sirs bw.aMw. 1St Neap b wi.S4 wen gerldaral 1•Ytw*y Wa •10S41 Pwpn a ew n1n10, W qh,1 ND wMwia a n ion ova* and agrees Motto I m o term b mold finimtbre or b Pal net b•nbtle meat bony "Ain" MY Pins mete poem the wpm W Nth h sit YnnddlhW Wren *tibia prnJulm from AC aymybi.+mw. e ees oaalemtt RaaMlear wsePerr 1vx 1111111111110110 1•2110 aMle e11• s OAOI reNMleJJ neexIPS 00.011107110 iilir fit Date t 7/20/12 Scale `1i,Ett*Fr Drawn ey MG `sheet 1 of 3 Dwg. No.