HomeMy WebLinkAboutContract 43883 CCITY SECRETARY ONTRACT NO.. 5X'��
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, or designee and WAL-MART REAL ESTATE BUSINESS TRUST, a
Delaware statutory trust, hereinafter referred to as "Licensee", owner of the ro e
P p rtY
located at 717 W. Berry Street.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 27,
Block 37, Hemphill Addition, an addition to the City of Fort worth, Tarrant County,
Texas as recorded in Volume 388-134, Page 50, of the Deed records of Tarrant County,
Texas ("Property); and
WHEREAS, the City has a 20 foot wide utility 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 a building (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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX P? t"2 7 IN
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 or any other
public purpose. City shall bear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from City's entry to the Encroachment, 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 City shall not unreasonably terminate this License. Provided, however, 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 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 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 CONNEC'T'ION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENT AND USES GRANTED HEREUNDER. 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 ALLOWED HEREIN 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
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 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 Licensees
City shall be entitled to recover interest and reasonable attorney's fees.
lo.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
4
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 3�)'day o f 52012.
City Licensee
City of Fort Worth Wal-Mart Real Estate Business Trust
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By: By. T n.
Name: X 16 L
RANDLE HARWOOD Title: Al*lqfi Ire
DIRECTOR
PLANNING& DEVELOPMENT
ATTEST: Approved As To Form and Legality
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City Secret
XOQ a Assistant City Attorney
orFICIAL REC;ORD
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GVtE1rARY
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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 Randle Harwood known to me to be the person
whose name is subscribed to the foregoing instruznent, 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_ day of
IRMA SAENZ Notary Public in and for the-State of Texas
t4o#ary Public
STATE OF TEXAS
} My Comm.Exp.Jan.28.2016
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STATE OF ARKANSAS
COUNTY OF BENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Arkansas, on this da y personally pp ersonall appeared r,� , 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.
I A70-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of ,2D .
DONNA SCOGG I NS
DTARY PUBLIC ��Iotary Public rnan� far Late of Arkansas
M Benton County,Arkansas
Commission Expires 1/31/2016
(;Om mission Number 12345172
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LOT 27 , BLOCK 37 VOL —1 4. PG: 50
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UTILITY EASEMENT _3
10' UTILITY EASEMENT-% VOL 388-134, PG. 50
EXHIBIT 'A'
EASEMENT ENCROACHMENT EXHIBIT
TRAVIS WALMART
FART WORTH, TEXAS
G R AP H I C S C ALE
a 20 ¢a 80
6=0 Awimnuftwwofty
IN FEET ago ealeti►►4ram•sus 4W•Fat Warr.Um 76107
} Tilt 817M.1121*A=817.VW4V
1 inch 40 ft. wym r-1114
(8 1/2"01")
DATE: 10-16-12