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Ord 859 Approving a Right of Way License agreement with Granada HOA TOWN OF WESTLAKE ORDINANCE NO. 859 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A RIGHT-OF-WAY LICENSE AGREEMENT WITH GRANADA HOME OWNERS ASSOCIATION, PROVIDING FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF A WAYFINDING SIGNAGE WITHIN THE TOWN OF WESTLAKE RIGHT OF WAY FOR SOLANA BOULEVARD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Town Council finds that the proposed improvement, to be located in the right of way, poses no significant increase in hazard to citizens or motorists traveling on Solana Boulevard; and WHEREAS, the Right-of-Way License Agreement, attached hereto as Attachment A, addresses liability,maintenance and removal of the improvements, to eliminate potential negative impacts to the Town or the citizens of Westlake for the installation of wayfinding signage as depicted in Exhibit A; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the Right- of-Way License Agreement, attached as Attachment A, to allow Granada Home Owners Association to install,maintain and operate wayfinding signage within the Town of Westlake right of way for Solana Boulevard, as depicted in Exhibit A, as attached hereto and incorporated herein. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to sign the Right-of-Way License Agreement on behalf of the Town of Westlake. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, Ordinance 859 Page 1 of 6 sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27TH DAY OF AUGUST 2018. ATTEST: .4 ',k . � . Laura L. Wheat, Mayor Kell Edw s, Town Secretary omas E. Bry e , ( Manager APPROVED AS TO F r'' WEST t. • i_ x„2L'a /77--.---- , r I L . ton Lo�wn ttome'� ,0, ,f TE*'rf,• 01 Ordinance 859 Page 2 of 6 ATTACHMENT A RIGHT OF WAY LICENSE AGREEMENT This Right-of-way License Agreement ("Agreement") is entered into as of October 17 , t1 2018,between the TOWN OF WESTLAKE, TEXAS, a municipal corporation of Tarrant and Denton Counties, Texas ("Westlake") and, Granada Home Owners Association, in The Town of Westlake, Tarrant County, Texas ("Licensee"). For and in consideration of a non-refundable fee of$10.00 and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, and in consideration of the covenants contained herein, Westlake and the Licensee agree as follows: Subject to the terms of this Agreement, Westlake hereby grants to the Licensee a perpetual, fully-paid license ("License") over,under and across the property identified in attached Exhibit A which is attached hereto and incorporated herein, ("The License") for the uses and purposes set forth herein, together with the right of ingress and egress along and upon the License Tract. This grant is made subject to all matters of record affecting the License Tract. The License shall only be used for the purpose of constructing, installing, reconstructing, replacing, using, operating, maintaining and removing a wayfinding signage (collectively, "The Improvements") as reflected in Exhibit A, attached hereto and incorporated herein. The Improvements shall be constructed and installed substantially in accordance with the construction plans and shall not create a visibility impairment for traffic. Either party may terminate this Agreement, it its sole discretion, by giving the other party 180 calendar days written notice of such termination. In addition, this License may be terminated by Westlake upon thirty (30) calendar days prior written notice to Licensee should actual construction of the Improvements not be completed before December 31, 2018, subject to reasonable extension for delays not the fault of Licensee. License may also be terminated as set forth elsewhere in this Agreement. No portion of the fee shall be refunded upon termination. Upon termination of this License,the Licensee shall completely remove the Improvements and restore the License Tract to its prior condition. Licensee agrees to file a complete application for a Building Permit, and pay all applicable fees, for construction of the Improvements within 30 calendar days of the date that the License Agreement is signed by both parties. The issuance of a Building Permit shall be subject to all of the provisions of this License Agreement and shall no longer be deemed in force or effect upon termination of the License Agreement by either party in the event the Improvements have not been constructed as of the date of such termination. The License is not assignable by the Licensee without the prior written consent of Westlake. Ordinance 859 Page 3 of 6 Licensee indemnifies Westlake from any and all liability resulting from any claims to the extent arising out of resulting from the placement or construction of any improvements by Licensee, its contractors or its agents, upon the License Tract. Licensee shall carry General Liability insurance that names the Town of Westlake as an additional named insured in a form acceptable to the Town. The insurance shall be in an amount set by the Town, but in no event shall the required amount be less than $1 million or more than $2 million. The insurance shall at a minimum always be in the amounts and the types as set out in the Right-of-Way Management ordinance of the Town of Westlake, as currently exists or as may be amended from time-to-time. Westlake reserves and retains the paramount right to use the License Tract and grant other rights and Licenses across, over or under the License Tract to such other persons as Westlake deems proper. Westlake may grant such other Licenses, rights, or uses within the License Tract in Westlake's sole discretion. 9. The rights granted to Licensee are subject and subordinate to the prior and continuing right and obligation of Westlake to use the License Tract and surrounding property without liability to Licensee or to any other party for compensation or damages. 10. Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of the License Tract, and other holders of interests in the Licensed Tract) and the right of Westlake to renew and extend the same, and are granted without covenant of title or quiet enjoyment. 11. Westlake shall have the right to remove all improvements installed pursuant to this Agreement or to carry out any other maintenance or restoration obligation of Licensee hereunder, provided that Licensee has been given notice and a reasonable period of time of at least 30 calendar days to take such actions and has failed to do so. Any relocation, removal, or repair of such improvements or the License Tract performed by Westlake or any third party contractors of Westlake shall be reimbursed by the Licensee. The notice period may be waived and repairs or removal may be instituted immediately, if, in the judgment of Town officials, such action is necessary for the safety, health or welfare of the Town, its residents, visitors or others. 12. Licensee shall repair any damage to improvements such as landscaping, paving, curbs, retaining walls, sidewalks, and signage on the License Tract or surrounding property and restore the surface of the License Tract and surrounding property from damage resulting from Licensee's use of the License Tract to Westlake's satisfaction. 13. Licensee shall not use the License Tract, or permit use of the License Tract, by any other person, in a manner that violates applicable laws or regulations or constitutes a hazard to the health,safety and/or welfare of the public. Except for the normal use of fuels,lubricants,chemicals required to install and maintain the improvements installed hereunder and their normal byproducts of use, Licensee shall not, and shall not permit any of its employees, agents, contractors, subcontractors, suppliers or invitees to generate,manufacture or dispose of on or about the License Tract or surrounding property any hazardous substance. If Westlake in good faith believes that a hazardous substance may have been generated, manufactured or disposed of on or about the License Tract by Licensee or any of its employees, agents, contractors, subcontractors, suppliers Ordinance 859 Page 4 of 6 or invitees,Westlake may have environmental studies of the License Tract or surrounding property conducted as it deems appropriate. 14. Except to the extent arising from the gross negligence or willful act or omission of Westlake, Westlake shall not be responsible for any claims, suits, losses, liability, costs and expenses from any User's use of the License Tract. A "User" is defined Licensee and contractor or agent of Licensee providing materials or service in connection with the design and construction of the improvements constructed hereunder. 15. All notices required or permitted hereby shall be in writing and become effective after being deposited in the U.S. mail, certified or registered with appropriate postage prepaid or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Licensee: Granada Residential Community Inc. C/O Essex Association Management LP 1512 Crescent Dr. #112 Carrollton TX, 75006 To Westlake: The Town of Westlake 1500 Solana Boulevard, Building 7, Suite 7200 Westlake, TX 76262 Attention: Town Manager With a copy to: Boyle & Lowry, L.L.P. (which shall not constitute notice) 4201 Wingren Drive, Suite 108 Irving, TX 75062 Attention: L. Stanton Lowry From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. 12. This grant of the License shall terminate and revert to Westlake or its successors in interest upon the termination of the License, or when the License Tract ceases to be used exclusively for the purposes permitted herein for a period of more than one(1)year,it being agreed that the construction and installation of the Improvements shall constitute "use" within the terms of this License. For the purposes hereof, "abandonment" shall not include any temporary periods when service is discontinued for regular maintenance purposes or during any relocation construction work permitted under this License. Ordinance 859 Page 5of6 EXECUTED to be effective as of the date first written above. TOWN OF WESTLAKE, TEXAS By: %')SLI ti ? arc(,%/ ' Name: Thomas E. Bry ,r Title: Town Manager ' THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me onS+ '25 , 2018, by THOMAS E. BRYMER, Town Manager of the Town of West e, on behalf of the Town of Westlake, Texas. A 0 ! /,,,,,,,,--„,„„, KELLY EDWARDS 1 Kelly dwarf',Notary Public, State of Texas sr NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.02/03/2022 9rEOFSE+ NOTARY ID 12408268-8 AC „ TED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: By: Li —. -- -"«/e Name: Diane Prager, Secretary Title: tresitient 5e_c_r -tz.f J THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on I jc 17, , a October 17, 2018, by se Baker, the Preside,at of Granada Home Owners Association, rf 1h 1 t6_. CQ.., Ie c6.5 . .,,s0 PUa& KELLY EDWARDS Notar Pu i , State of Texas L- , NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.02/03/2022 J,9rEOFt'c+5 NOTARY ID 12408268.8 Ordinance 859 Page 6 of 6 - Ir•% 11,016,,,..., ./ r_ . •1 •, • \-:.,—F.z.„;,..0._-,47 .i .. •, Ilikt.:7.. .. I. -s - 7 14 :.' •. •,,. ::,.,..>;.. . I ••••A'. .. ...., ,..., , --- • ,.• •- •• slik, _i. 4,2 -,,. .,,,. • • ,, f. . •. r 1.1 (OA ' 44 . ..... / . Ny. it. • •4. ‘. • ,n• :.: • 1 . 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T CONSTRUCTION & DELIVERY ENTRANCE 2 Ordinance 859 riaPtiaedsge CONSTRUCTION & DELIVERY ENTRANCE CONTINUE TO NEXT INTERSECTION THEN r - 411 a 2 3 Ordinance 859 Maaidsa CONSTRUCTION & DELIVERIES ENTRANCE NEXT RIGHT 4 Ordinance 859 Maiadsge CONSTRUCTION & DELIVERIES ENTRANCE THIS WAY ..± . 111„„„,., _+ 11„„„,, 5°. Ordinance 859 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 10/17/2018 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Granada HOA Westlake, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Town of Westlake ROW Signage Agreement 123245 2018-415574 10/17/2018 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.0.6711www.ethics.state.tx.usForms provided by Texas Ethics Commission CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-415574 Granada HOA Westlake,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/17/2018 being filed. Town of Westlake Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 123245 ROW Signage Agreement • 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is \1 i G( l Lcls , and my date of birth is / / / - . My address is O) G R.LL,_}62_GY , )e S-f /6;1 0- . . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. — j a i { Executed in / - r County, State of /yJ` ,on the / i day of t✓G IJ_ ,20 (month) (year) Signature of authorized agent of co tracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711