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Home My WebLink AboutCity Council Resolutions (R-04-2442)-09/28/2004RESOLUTION R-04-2442 A RESOLUTION APPROVING A JOINT USE AGREEMENT BETWEEN W.H. BRAUM, INC., AND RETAIL BUIDLINGS, INC., AND THE CITY OF COLLEYVILLE FOR INGRESS AND EGRESS RIGHTS AT LOT 3, BLOCK 1 OF BRAUM'S/INLAND ADDITION WHEREAS, the City Council desires to support business development and expansion " along the SH26 (Colleyville Boulevard) corridor; and WHEREAS, Braum's Ice Cream and Dairy Store would be negatively impacted by the planned improvements to the SH26 (Colleyville Boulevard) corridor; and : WHEREAS, the City Council desires to work with Braum's Ice Cream and Dairy Store to provide for ingress and egress into the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council approves a Joint Use Agreement between W.H. Braum, Inc., and Retail Buildings, Inc., and the City of Colleyville for ingress and egress rights at Lot 3, Block 1 of Braum's/Inland Addition, hereby attached as Exhibit "A". AND IT IS SO ORDERED. PASSED BY A VOTE OF AYES, O NAY AND D ABSTENTIONS ON THIS THE~B~ DAY OF G~~ 2004. ATTEST: Cynthia Singleton, TRMC City Secretary CITY COLLE Joe Hocutt Mayor JOINT USE AGREEMENT THIS JOINT USE AGREEMENT, ("Agreement"), is made by and among W. H. BRAiJM, INC. and RETAIL BUILDINGS, INC. (collectively hereinafter "Braums"), and the CITY OF COLLEYVILLE (hereinafter "City") WHEREAS, Braums is desirous of increasing the available parking at its location in the Braum's Inlet Addition to the City of Colleyville, which property is more completely described in Exhibit "A" attached hereto (the "Braum's Property"); and WHEREAS, the City of Colleyville plans a trail access to the City's Trail Plan adjacent to the Braum's Property; and WHEREAS, the parties are desirous of entering into this Joint Use Agreement for the uses and purposes hereinafter described. NOW THEREFORE, upon the mutual covenants, conditions and promises contained herein the parties hereby agree as follows: Identification of Joint Use of Property 1. The "Joint Use Property" is real property owned by the City which is described on Exhibit "B" attached hereto. Use of Joint Use of Property 2. City hereby grants to Braums a license to use the Joint Use Property for the purpose of constructing, maintaining and operating a parking area on the Joint Use Property for Braums and its employees, agents, contractors, customers, licensees and invitees (the "Related Parties"). Braums license to use the Joint Use Property is a nonexclusive license for the period specified herein. Construction/Maintenance of Parking Area 3.1 Braum's hereby agrees to construct on the Joint Use Property a parking area, at Braum's sole cost, in accordance with the construction plans attached hereto as Exhibit "C." All construction shall be completed in accordance with all applicable City regulations. 3.2 Braum's, at its sole cost, shall maintain during the term of this Agreement the parking area constructed on the Joint Use Property in accordance with all City standards, free from all defects and dangerous conditions. Term 4. This Joint Use Agreement shall have an initial term of five years from the date of its execution. After the initial five-year term, the Agreement shall automatically renew for a one-year period (the "Renewal Period"); provided, however, either party shall have the right to terminate this Agreement during the Renewal Period upon 90 days written notice to the other party. Indemnity/Insurance S.1 Braum's hereby agrees to and shall indemnify the City, its agents, servants and representatives, from any and all liability or loss that the City may sustain as a result of claims, demands, costs or judgments arising from the construction or use by Braums or any Related Parties of the Joint Use Property. Said indemnity shall inciude the obligation to pay costs and attorney's fees incurred by the City. 5.2 Braum's shall maintain general liability insurance on the Joint Use Property in an amount of not less than $1,000,000.00 and said policy shall name the City 2 as an additional insured. From time to time as requested in writing by the City, Braum's shall deliver evidence of its compliance with this provision to the City. Miscellaneous 6.1 All demands, notices or others communications allowed or required hereunder shall be in writing and shall be deemed given when delivered in person or deposited in a receptacle for the United States Postal Service, postage prepaid, registered or certified, return receipt requested, addressed to the Parties as follows: W. H. Braum, Inc. Gordon E. Pulis, Regional Director of Real Estate 16135 Preston Road Suite 135, Box 24 Dallas, Texas 75248 City of Colleyville 140 Main Street Colleyville, Texas 76034 6.3 This Agreement shall be binding upon and for the sole benefit of the parties hereto and their respective heirs, successors and assigns and not for the benefit of any third-party and may not be assigned by any party in whole or part without the written consent of the other party. 6.4 This Agreement may not be changed orally, but only by an agreement in writing signed by the parties. No act, detay, omission, course of dealing between the parties will be a waiver of any rights or remedies under this Agreement. 6.5 This Agreement shall be governed by and be in accordance with the laws of the State of Texas. 6.6 If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other 3 provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision has never been contained herein. 6.7 This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed an original. (The remainder of this page left blank intentionally) 4 EXECUTED on the day of , 2004. W. H. BRAUM, INC. By: Drew Braum, President STATE OF OKLAHOMA : COUNTY OF OKLAHOMA : RETAIL BUILDINGS, INC. By: Elaine M. Braum, President This instrument was acknowledged before me on the day of , 2004, by Drew Braum, President of W. H. Braum, Inc. STATE OF OKLAHOMA : COUNTY OF OKLAHOMA : Notary Public, State of Oklahoma Notary's Name (printed): Notary's commission expires: This instrument was acknowledged before me on the day of , 2004, by Elaine M. Braum, President of Retail Buildings, Inc. Notary Public, State of Oklahoma Notary's Name (printed): Notary's commission expires: 5 EXECUTED on the day of , 2004. CITY OF COLLEYVILLE By: Joe Hocutt, Mayor STATE OF TEXAS COUNTY OF TARR.ANT This instrument was acknowledged before me on the day of , 2004, by Joe Hocutt, Mayor of the City of Colleyville. Notary Public, State of Texas Notary's Name (printed): Notary's commission expires: 6 EXHIBIT "A" Legal Description of Braum's Property Lot One (1) Block One (1) Braum's Addition, a Subdivision in the City of Colleyville, Tarrant County, Texas, according to the Plat recorded November 13, 1992, Volume A Page 1157, Tarrant County, Texas. 7 EXHIBIT "B" Legal Description of Joint Use Property Being a part of Lot 3 in Bock 1 of Braum's / Inland Addition, an addition to the City of Colleyville, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Hanger 1157, Plat Records, Tarrant County, Texas, and being more particularly described as follows: Beginning at a 1" iron rod found in the west line of Lot 1, Block 1 of said Braum's/Inland Addition and being 74.09 feet North OS° OS' S0" East of the southwest corner of said Lot 1; Thence North 44° 53' West a distance of 31.00 feet to a point for corner; Thence North 45° 07' East a distance of 224.36 feet to a point for corner; Thence South 44° 53' East a distance of 31.00 feet to a 1" iron rod found for corner, said point being the north corner of said Lot 1; Thence South 45° 07' West along the northwest line of said Lot 1 a distance of 224.36 feet to the Place of Beginning and containing 6,955 square feet of land. 8 ~ q ro ~a . a ~.~::~~~;,~.., o~,......:~,~o, E ~~ H ~l. 1~1 1~1 W ~ V --- ------ -- ~•---- ----- ------- ----- ---- --------.~ _ . .. i { ! , ~` YROPOSED SITE PLAN TO S~;RVE (~ i~ i~ r ' ~ ~~~ii~j ~xaL~~ s rc~ c,~Ea~~ sTO~~ ~~~~;; COLLEY4I.LLE, TEXA.S ,~j l~ i ~ ~~ ~~~ v~~~~ , o~~ % ~ j"~ : ~d~- . ~ ~. ~ ~ ~' j/ // / / ~~~~ ~ - ~ ~ ~~ ~\ ~ _ ~ ' . w~~ ~,~ ~ -' ~' ~, p ,'' ~~ ~c, ~j, ~~ %~ o C[ ~ T~[ ,~ / ; ' . -•, _ _. ~ `` ~yap ^ % ~ % ~ _ \~ ! \ `/ ,C \ / ., ~'~ \ ~ % \`f / • / \ ~'. ~~ ~~ \` / ~ ~.. .' ~. \ ~• / ' _ ~'~ ~ ~i / •' ~ ` --- ~ '°' ~ / i , ~~ ~~~ Ma, _~ ~ ~' ~ ^ , ~~~ ~~ , ~,' . c~ ~~ ~,'~ ~ ~ . ~ ~~~~ ~w.a. ~°' ' , . ~.awe _ _ _ _ _ _ MILL VAI,L.Ey DRIVE ' --~ ~. 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