HomeMy WebLinkAboutContract 41158-A1 Cffy SECFVAW
COWRACT NOr
STATE OF TEXAS
§ KN0W ALL MEN BY THESE PRESENTS,
,COUNTY T N I
ASSIGNMENT O C . . NT' AGREEMENT
[City Secretary Contract No. 41158]
E EAR, on the 12th day of September, 2010, the City of Fort Worth, acting by and
through its duly authorized Planning and Development B art e rector, hereinafter referred
to as the "City,"' entered into an Encroachment greemen with Price CC, L,LC,, a Texas limited
liability company, acting by and through its duly aLi horized Vice president, hereinafter referred
to as "Grantee,"' owner of the property 'located at 6011 Oakland Hills Blvd., ;fort Worth,.
Texas("Property"),-
WHEREAS, a copy of the Encroachment Agreement ("Agreenient") 'is attached hereto, as
Exhibit A and incorporated hereiii by reference s `set fort h in ftil
A . the current Grantee under the Agreement, Price C Texas limited,
liability company,, "Assignor,"
Texas t partnership, "Assignee"':
THEREFORE e City of Fort Worth dies hereby consent to the asis,ignment of
e Agreement from Assignor to, Assignee.
As consideration for the Assignment of the Agreement,, Assignee hereby expressly
accepts and assumes all obligations and liabilities of Assignor under the tares of the Agreement
and agrees to e bound by allthe tares, provisions and covenants therein'.
APPROVED AS T C ff
mm LT
Assistant City A tt imey ana a ec o
laving and eveopme ,
RECEIVED APR 1
ASSIGNOR-.. ASSIGNEE:
Price CC, LLC, a Texas limited liability 6011 Oakland Drive, exa.s limited
company ar nersh'
By: 6011 Oakland pup, LLC, a Texas
limited liability mpa.ny, General Partner
By: y•
r.inte'li..i Na e: d. me "ern . _..
tle
Title. LEK, Titi
A:�O' 00
City Secret
[:No C Required]
2
ASSIGNO�R.�-� ASSI,GNEE:
Price CC, LLC, a Texas 11", ted liability 601, 1 Oakland Hills Drive,, a Texas limited
co piny partnel-ship
By: 60 H Oakland Group, LLC, a,Texas
firnited liabilit, co,,,,, pa, General Partner
Printed N Me: Pt Inted Name.,
Title: Title:
ATTEST.-
City Se etary
Required]
2,
STATE 'F TEXAS §
COUNTY OF TA ANT §
BEFORE ME, the undersigned authority, on this day personally appeared Randic Harwood, known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas,
for the purposes and consideration therein expressed.
0
Given under my hand and sea] of office this the day of 2013,
IRMA SAES N:S
I Z:6]
Notary Public Notary Public in and for
STATE OF TEXAS
The State of TEXAS
Ems.Jan
My Comm.E 4!) .2��8,2016
-loon WOQ
STATE OF TEXAS §
COUNTY OFTAR-RANT §
BEFORE ME the undersigned authority, on-this day personally appeared kjiown
to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same as the act and deed of Price CC,, LLC, a Texas limited liability company, for the purposes
and consideration therein expressed.
th
Given under my hand and sea] of office this the day of
20,13'.
gy P,
LINDA SUSAN
BRANDS:N AN:
of
Notary Public, State of Texas
5iorl xP. es
Notary Public in and for
"Ay COmmission:Expires
r 01, 0
SePtOmber 01,, �2015 The State of TEXAS
STATE OF TEXAS §
COUNTY OF §
BEFORE ME) the undersigned authority, 0 this day personally
appeared , known to me to be the perso nd officer whose name is subscribed to
the foregoing, 'instrument, and acknowledged to me that he executed e same as the act and deed of 6011 Oakland
Group, LL C, a Texas limited liability company, General Par ,r of 6011 Oakland Hifls Drive, a Texas limited
partnership,fo'r the,purposes,and coil si deration therein ex. sed.
Given under my hand and seal of office Is the day of 20i 13.
Notary Public in and for
The State of'TEXAS,
3
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally eared ,'Randle Harwood, known to me
to be the person and officer whose name is subscribed to the foregoin nstrument, and acknowledged to me that he
executed the same as the act and deed of'the City of Fort Worth, unicipal c�oirpoiration of Tarrant County, Texas,
for the purposes and consideration therein expressed.
Given under my hand and seal of office this tJ day 2013.
...........
"Notary Public in and for
The State of TEXAS
STATE OF TEXAS §
COUNTY OF T'ARRAN §
BEFORE ME, the undersigned authority, on this day,perso ly appeared known
to me to be the person and officer whose name is subscribed t ie foregoing instrument, and acknowledged to me
that he executed the same as the act and deed of Price CC, ...C, a Texas limited liability company, for the purposes
and consideration therein expressed.
Given under my hand and seal of offic his the day of 12013.
Notary Public in and for
The State of TEXAS
STATE OF TEXAS §
COUNTY OF Ltot i'68o §
BE""'ORE ME, the undersigned, authority, Oil thi�s, day personally
appeared!!W\IgON^ known to me to be the person and officer whose name is subscribed to
the foregoing instrument,, and acknowledged to me that lie executed the same as the act and deed of 601.1 Oaktand
Group, LLC, a 'Texas limited liability company, General Partner of 6011 Oakland Hills Drive, a Texas lit-nited
partnership,for the purposes and consideration therein expressed.
Given under my hand and seal of office this the.X5A4e%,day of VIA 1)2013.
DEBRA R.Dws:
C
PY Notary
MI Plin and
NI OMSSION EXPIRES ubc i for
#21V JUne 1,2016 The State of TEXAS
Exhibit"A"
Encroachment Agreement
. ...........
Page I of 9:
C N014"Nam
EASI&MMM EN!!!Oft&,I��g,.UCENSE AGREEN�,
I IIIIII MI-I_...11111111"IM
TM AGIMENWM is made and entered into by and bet%wn, TM, CM OF FORT
WORM%a home,rule 'cipal corponttion of,Tarrant County, Tom,C"City"), acting
by and through its dulymuamutborized City ManW or duly designated Assistent City
Manager, and (property owner's rmme, Price CC LLCJ, hereinafter refeffed to as
"LicenW,,oww off`'the property located at(street address,6011 Oakland Hills Blvd Foit
W06.T.X)(61property").
RECffALS
'bed as (legW
MWREAS, Licensee is the owner of certain real desen
description of proper Lot I lock 37 W2qdhaveni Country Club ks Ph X1.1
Worth,Tan-ant Cow
ty�_Ux .an additionto the City of Fort WoAk Tarrant County,Texas
as,recorded M* Volume Page of the Deed records of
Tarrant County("Property"); and
WMZ"AS, the City has a (width of emernent varprig utility, ad &ainage
eas ements-s=exbIbit'"A")(type of mement vw in -sm exhi it"A"),(the"Emment")
in, the, property as shown on the map attached to, this Agreemerit, as ExWbit "A"' and
incaTorated,herein;and
WEWAEAS, Licensee desires to, construWpIsce, M*T/rcvlace, exisfing.rm*lroW
fie m�gl(the"Encroachment) which will encroach onto the City's Easement as shown
on the attached survey and only to the extent shown thetwig and
WHEREAS,to W=mmodate the needs of'the Licensee,the City will'approve
allowing the Encroachment under the terms,and conditions as set forth, M' Ws Agreement
r
NOW,, MREFORE,the City and Licensee agree as follows.
AGREEMENT
L
yment by the Licensee of the fee set out below and
The City in considmdon of the pa
covenants and agreetnents hereinafter conteined, to be kept and performed by the
Licensee, hereby grants pammon to the Licensee to, encroach upon wid occupy a
portion of the City's Easement as described M* and at the location shown Exhibit
Licensee shall not expand or, otherwise cam theEnmvachment to furdw I'M or'
11-23-10 P014#*0o
*ACS,/TIRC* TARRANT D001 000298364 D^teit 12/03/2010 'Volt 0000000, P*901 0000!0 Pa9u- I Of 9
............ ........
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on the City's Easement beyond what is sped fically described in the exhibit(s) attached
hereto.
2.
All construction,maintenance and operation in connection with such Encrolaoliment,use
and occupancy shall comply and be perfonned *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 authorliZed representative., Nor 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 Ming;by the
Director. However, such approval shall not relieve Licensee, of responsibility and
liability for con cep i
t, design and computation n the preparation of such plans and
specifications.
3.
Licensee agrees that City may enter and utilize the referenced arm at any time for the
purpose of installing, repairing, replacing or maintaining improvements to its public
facilities, or utilities necesslary for the health, safety and welfare of the public for any
other publ ity-shall bear no, responsibility or liability for any damage or
ic purpose. Ci
disruption or other adverse consequences resulting from of Encroachment installed by
Licensee, but City will make reasonable efforts to nmnunize such damage. Should it
become necessary to remove the Encroachment to install, repair, replace or maintain
improvements to City public facilities or utilities M* 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 3,0 days from the to
of such request,to relocate the EncToachment away from the Easement and to restore the
Easement to its original condition all at the sole cost and expense of Licensee.
2
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Page 3 of 9
4.
The Licensee further agrees that City shall have the absolute fight 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 determies 'that the
Easement is,be* substantially damaged by the Encroachment,or that the Encroachment
Mg
otherwise places an undue burden on the operation of the municipal utility(lies)system or
in the event the Licensee fails to comply with the provisions of this Agreement, City
shall fumish Licensee With notice requi'ring the removal in a time period as is reasonable
under the circumstances. After receipt of'such notice, the Licensee shall thereafter
immediately remove the Encroacbment wid restore the Easement to the same condition as
existed prior to,the mistallation of the Encroachment,. In the event the Licensee faits to
promptly remove the Encroachment and restore the Easement with ul 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.
Licensee agrees to pay,to City at the time this Agreement is executed a fee in the sum of
"7*
-rwahlurxw'�' P-Doltairs, 7 5-9R6 pay neces mi fees to record this,Agreement in its entirety,
qin, e deed recor,ds of Tarrant County.
6.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY WDEmNirFy,1 HOLD BLARWESS AND DEFEND CITY9 lips
OFFICERS,AGENTSt SERVANTS.EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROSERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURYv INCLUDING DEATHt TO
ANY AND ALL PEMONS,, OF WHATSOEVER ICUND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE,, EMSTENCE OR LOCATION OF SAID
ENCROACHMENTS AND, USES, GRANTED HEREUNDM, "ETHER OR
NOT CAUSED, IN WHOLE, OR IN PARTI, BY THE NEGLIGENCE OF
OFFICERSt AGENTS, SERVANTS, EMPLOYEES9 CONTRACTORS,
3
*ACS/T,RC* RRANT Doc: 000298364 Date: 12/03/20,10, V011 0!000 0,010 Pagel 0000 0 Pages 3 Of 9
Page 4 of 9
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
14ITY10
11M - , 5 AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LMWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
MEMNEFY CITY FOR ANY AND ALL INXURY 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, SERVANTS9 ISO LS,
CONTRACTORS,SUBCONTRACTORS,LICENSEES,OR INVITEES.
7.
Licensee covenants and agrees that it shall operate hereunder as an'independent
contractor as to all rights and priori es granted hereunder and not as an officer,agend
servantur 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 night,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
*ACS/TRC* TARRA= Dort 000298364 Dater 12/03/201,0 Volt 0000000 Pages 0000,0 Pagai 4 Of 9
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Page 6 of 9
Ile parties agree that the duties and obj'gation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
w
Licensee covenants and agrees that it will not assign all or any of its rights,pri'v le, es or
duties under this contract without the Witte approval of City, and any attempted
assignment without such wnitten approval should be void.
12.
Any causc of action for breach of this Agreement shall a 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 pies hereto,their successors,and
assigns.
EXECUTED this 2 day of .2010.
city Licensee
City of Fort Wow
75�4 B . " '"I/v5,1e fn
Jul
Fermmdo Costa, Naine., Tenee Ss., #0
Asst.City Manage "Title:
NO MC F RED
ATTE
AA
ST: Approved As To Form and Legality
APPROVED AS TO
A FORM A LEGALITY:
1jer&Wvulty SO=Uoy ASSISTANT CITY AffOY
�.... ,.. ,. n n cqA r4 T) . 12/071/ �: OnO0000 Pakqe-. 00000 ". 5 Of 9
Page 6 of 9
City Secretary ssistant City Attorney
STATE OF TEXAS
C0NTY OF T
BEFORE ,the undersiged authority,a Notary Pubic in and for to State of
Texas,on this day personally appeared Ryn known to me to be
the person whose name is subscribed to the foregoing Mistrurnent,and acknowledged to
me that he/she executed,the sane for the purposes and consideration there�expressed,as
the act and deed of the City of Fort Worth, d n the capacity therein stated.
GfVEN UNDER MY HAND,AND SEAL OF OFFICE this
2 .
WLA
WOOMWOMEXPM Notary Public� and forA Sate f Texas
a
n
*AC,/ C* TA33tANT Doc: 000298364 Du et 12/03/2010 Volt 0000000 Page: 00000 Pags: 6 Of
Page 7 of 9
STATE OFTEXAS
"i t
COUNTY OF
BEFORE ME,the undersigned authority,a,Notary Public in and for the State of
Texas,on this day personally appeared
ft=#M.o Known to me to be
the person whose name is subsicriffied to the foregoing'instrument,and acknowledged to
me that he/she executed the sarae for the purposes and consideration,therein expressed,as
li
the act and deed of the Grantee,and'in the capacity therein stated.,
GWEN UNDER MY HAND AND SEAL OF OFFICE this 13 day
OfC
bZA. ,20
0
AUCE H.GILL "
Notary Public,Slate of'TeX#31
I MY,Commission Exokos Notary,Public in and fbi the State of Texas
Fobs uory-060 20-')A-
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SUZANNE H ,NDERSON
COUN CLERK
100 Wesit*4
Weatherford For Worth,TX 76196-0401
PHONE(817)884-11915
CITY 0 FORT WORTH DEVELO'P'MENT&PLANNING
1000 T ROCKMORTION
FT WORTH, TX 76102
,S� bmitter CITY OF FORT
VIVO TH/DEVELOPM Nfi
PLANNING
wA&MIN EPMCIAL REC
A H
lS.8,,..RL!QE T
For e 3 - 9
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Instrument D210298364
PGA $44.010,
2
AW PROVISI N WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE,DESCRIBES REALPROPERTY
BECA E OFCOLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER,FEDERAL LAW.
Prepared : CAM DDOCK
12/ (" : 000 p