HomeMy WebLinkAboutContract 53304 PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT
COMMERCIAL
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, Assistant City Manager, or
Planning and Development Department Director, and TLC ALLIANCE COMMERCE
CENTER, LLC, a(n) limited liability company ("Licensee"), owner of the real
property located at 2275 EAGLE PARKWAY, Fort Worth, Texas 76177("Property"),
acting by and through its duly authorized Manager.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Denton County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of-
way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as
shown on the map attached to this Agreement as "Exhibit A," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach in, on, above, or below the Public Right-of-Way; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow 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 Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Right-of-Way as described in and at the location
shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing
private telecommunications conduit (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
within the Public Right-of-Way. Licensee shall not expand or otherwise cause the
Encroachment to further infringe in or on the Public Right-of-Way beyond what is
specifically described in the exhibit(s) attached hereto.
' OFF00 L RECORDR�zlv% CITY SEMI ETARY
DEC 19 W Encroachment Agreement-Commercial f 12-
h�VA
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, or occupancy shall comply and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. 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, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment, use, and occupancy, including the securing the approval and consent of
the appropriate utility companies and agencies of the State of Texas and its political
subdivisions. In the event that any installation, reinstallation, relocation, or repair of any
existing or future utility or improvements owned by or constructed by or on behalf of the
public or at public expense is made more costly by virtue of the construction,
maintenance, or existence of the Encroachment and use, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works or the Director of the Water Department, or their duly
authorized representative.
4.
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
for any other public purpose. The City shall bear no responsibility or liability for any
damage or disruption or other adverse consequences resulting from the Encroachment
installed by Licensee,but City will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Right-of-Way to a
condition acceptable to the Director of Transportation and Public Works or the Director
of the Water Department, or their duly authorized representative, in accordance with
then-existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Public Right-of-Way, Licensee hereby gives City permission to remove the
ROW Encroachment Agreement-Commercial Page 2 of 12
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Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the
amount of$1.44 per square/linear foot of the encroachment area upon execution of this
Agreement and annually thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, this Agreement may be terminated
upon Licensee's noncompliance with any of the terms of this Agreement. City shall
notify Licensee in writing of any noncompliance and if not cured within thirty (30) days,
this Agreement shall be deemed terminated, unless such noncompliance is not susceptible
to cure within thirty (30) days, in which case this Agreement shall be deemed terminated
in the event that Licensee fails to commence and take such reasonable steps as are
necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
8.
It is further understood and agreed between the parties hereto that the Public
Right-of-Way to be used and encroached upon is held by City as trustee for the public;
that City exercises such powers over the Public Right-of-Way as have been delegated to
it by the Constitution of the State of Texas or by the Texas Legislature; and that City
cannot contract away its duty and its legislative power to control the Public Right-of-Way
for the use and benefit of the public. It is accordingly agreed that if the governing body
of City may at any time during the term hereof determine in its sole discretion to use or
cause or permit the Public Right-of-Way to be used for any other public purpose,
including but not being limited to underground, surface, or overhead communication,
drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public
purpose, whether presently contemplated or not, that the parties agree to negotiate in
good faith in order to accommodate the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
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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,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
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.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit A.
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty(30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit B"and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees,binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Public Right-of-Way. All insurance coverage required herein shall
include coverage of all Licensee's contractors and subcontractors.
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11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sure of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall
be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
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.
15.
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 Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the
Public Right-of-Way, nor is it meant to convey any right to use or occupy property in
which a third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
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 attorneys' fees.
ROW Encroachment Agreement-Commercial Page 5 of 12
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17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
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.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ROW Encroachment Agreement-Commercial Page 6 of 12
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City: Licensee:
CITY OF FORT WORTH TLC ALLIANCE COMMERCE
CENTER, LLC
a limited liability company
By: TLC-URBAN (DEVELOPER), LLC
a Texas limited liability company
its Manager
By: - m By:
Randle Harwoo , Director Name: Tony Landrum
Planning&Devel pmenk Title: Manager
Date: e Date:
ATTEST: Approved As To Form and Legality
City Secre y }. �. Matthew A. Murray
Assistant City Attorney
K }
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Janie S. Morales
Development Manager
OFFICP L RECORD
CITY `ARY
710 ° r
ROW Encroachment Agreement-Commercial a7__Qf 12
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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 instrument, and acknowledged to me that he
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
20
ary Publ n an f the State of Texas
JENNIFER LOUISE EZERNACK
n,Notary Public, State of Texas
9: Comm. Expires 03-01-2024
���� Notary ID 130581830
After recording return to:
Planning& Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECUR®
CITY S MET ARY
Fr WORTH, T
ROW Encroachment Agreement-Commercial Page 8 of 12
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Tony Landrum, Manager of TLC-Urban
(Developer), LLC, a Texas limited liability company, the manager of TLC Alliance
Commerce Center, LLC, a limited Iiability company known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
or she executed the same for the purposes and consideration therein expressed, as the act
and deed of TLC Alliance Commerce Center, LLC, a limited liability company, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2(4-day of Noll,
2011
Notary Public in and for the
` -� CHRISTiNA LYNN THOMPSON
State of �`�P¢v PGB
'� _z°' �=Notary Public, State of Texas
v +�c COMm. Exp€res 03-79-2023
i ` Notary iD 124221742
LoFflOAL
pcgyRETAR'y
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ROW Encroachment Agreement-Commercial �U
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
ROW Encroachment Agreement-Commercial Page 10 of 12
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Exhibit A
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LOT 3, BLOCK 1 I v0 MARKER R.P.R.D.C.T.
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9800 HiLLWOOD PARKV4fAY
SUITE 250
AGREEMENT
FORT WORTH,TX 76177 3
PHONE;817-562-3350
GRAPHIC SCALE m
DATE:JULY 2019 °
EXHIBIT B
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page 11 of 12
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EXHIBIT C
Metes and Bounds Legal Description of the Property
ROW Encroachment Agreement-Commercial Page 12 of 12
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f '
Exhibit C =
Description of a
Right-of-Way Encroachment
BEING a tract of land situated in the A. McDonald Survey, Abstract Number 786, City of Fort
Worth, Denton County, Texas and being a portion of that tract of land described by deed to the
City of Fort Worth, known as Peterson Court, recorded in Instrument Number 93-0027300, Real
Property Records, Denton County, Texas and being more particularly described by metes and
bounds as follows:
COMMENCING at a 5/8 inch iron rod, with plastic cap stamped "JACOBS", found at the
southeast comer of said Peterson Court and being the southwest corner of Lot 1, Block 1,
Alliance Center, an addition to the City of Fort Worth recorded in Cabinet I, Page 23, said Real
Property Records, at the beginning of a curve to the left;
THENCE with the east line of said Peterson Court and the west line of said Lot I, Block 1 and
said curve to the left, an are distance of 137.09 feet, through a central angle of 14*45'16", having
a radius of 532.35 feet, the long chord which bears N 03°04'24"W, 136.71 feet to a 5/8 inch iron
rod with plastic cap stamped "JACOBS" found;
THENCE N 10°27'02"W, 28.43 feet, continuing with said common line to the POINT OF
BEGINNING;
THENCE S 79034'13"W, 60.00 feet, departing said common line, over and across said.Peterson
Court, to the west fine of said Peterson Court and being the east line of Lot 3, Block 1, Alliance
Center, an addition to the City of Fort Worth recorded in Cabinet I, Page 256, sad Real Property
Records;
THENCE N 10027'02"W, 5.00 feet, with said common line, from which a 5/8 inch iron rod
with plastic cap stamped "JACOBS"bears N 10°27'02"W, 79.16 feet;
THENCE N 79034'13"E, 60.00 feet, departing said common line, over and across said Peterson
Court, to the aforementioned common east line of said Peterson court and the west line of said
Lot 1, Block 1;
THENCE S 10`27'02"E, 5.00 feet, with said common line to the Point of Beginning and
containing 300 square feet of land more or less.
"Integral parts of this document"
1.Description
2. Exhibit
Peloton Job No.HWAI9032
Denton Tracking No.ACH 7537
G:VOBIFIWAl9032_RECARO_ENCROACHMEN'nMASTER DEVI_SURVEYIEXIiIBITSILEGALSIIIWAI9032_EXI.DOCX Jupage 12of2
T Basis of Bearing is the Texas C._ , dinote System
'n North Central Zone 4202, NAD 83
3 IRF Iron Rod Found I
I N
z I 0 50 100
o
I Peterson Court I
l City of Fort Worth I GRAPHIC SCALE IN FEET
1 Inst.* 93-0027300
"Integral ports of this document"
\ R.P.R.D.C.T. 1. Description
2. Exhibit
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IRF �.
' y'I Lot 1.Block 1
4a o6 o I Alliance Center
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Co Ni.I I R.P.R.D.C.T.
o���g S10- 27'02"E
5.00'
300 Square Feet N7 g° 3413
Q 1 60.00 Point of
N100 27'02"W 579- 34'13"W Beginning
5.00' ` )Q.OQ I�
tRF� N100 27'02"W
ti 28.43'
Lot 3.Block 1 H
Alliance Center
Cab.1,Pg.256 �r
R.P.R.DC.T. j A = 140 45' 16"
R = 532.35'
® I L = 137.09'
j LC= NO3° 04' 24"W
j 136.71'
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Exhibit of a
Right-of-Way Encroachment
h E LOT® N Situated in the A. McDonold Survey, Abstract Number 786,
J��rJ LAND SOLUTIONS City of Fort Worth, Denton County, Texas.
900D HILLWOOD PARKWAY.SUITE 250 ---�-- ACF#7537
FORT WORTH.TEXAS M77 PH.#817-582-3350 JOB#HWA19032 DRAWN BY: D.Freeman CHECKED BY:T.Bridges DATE: 07-01-19 PAGE#2 0f 2
GWOB\HWA7g432_Recora_Encraochmenl\Master Uev\_Survey\Exhibils\HWA19032_EXl.dgn -
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