HomeMy WebLinkAboutContract 57724 Date Received: 06/28/2022 Permit Number: PN21-00169
Time Received: 2:32 pm City Secretary No.: 57724
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIF,R 11
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
Director of the Development Services Department, and Target Corporation,a(n)Minnesota
corporation ("Licensee"), acting by and through its duly authorized signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 301 Carroll
Street, Fort Worth, Texas 76107 ("Property"), being more particularly described in the
attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a water line easement (the "Public Property")
adjacent to the Property as shown in the attached Exhibit"B,"which is incorporated herein
for all purposes, and as recorded in the plat records of Tarrant County as plat number FS-
04-190; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; 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 Property as described in and at the location shown on Exhibit
"C," but only to the extent shown thereon, for the purpose of constructing, installing, and
maintaining a canopy structure and associated electric conduit (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
the Encroachment within the Public Property. Licensee shall not expand or otherwise
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CITY SECRETARY Revised 11/2020
FT. WORTH, TX
cause the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "C."
2.
All construction, installation,maintenance, and operation of the Encroachment and
the use or occupancy of the Public Property shall comply with and be performed in strict
compliance with this Agreement and with the charter, ordinances, codes, and policies of
the City. Prior to the construction or installation of the Encroachment, Licensee shall
submit all plans and specifications to the Director of the Development Services Department
or duly authorized representative. Licensee shall not commence construction or
installation of the Encroachment nor make any use of the Public Property until after the
execution of this Agreement.
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 and the
use and occupancy of the Public Property, including 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 of Public Property, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works, the Director of the Water Department, the Director of
the Development Services Department, or their duly authorized representative.
4.
Nothing in this Agreement limits any right that City may have to enter and utilize
the Public Property at any time for any public purpose, including installing, repairing,
replacing, or maintaining improvements to its public facilities or utilities necessary for the
health, safety, and welfare of the public. The City shall have no responsibility or liability
for any damages related to the Encroachment resulting from the City's use of the Public
Property; however, the City shall 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 Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their duly
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Revised 11/2020
authorized representative. Any such removal of the Encroachment shall be in accordance
with then-existing City regulations and policies. It is understood and agreed to by Licensee
that if this Agreement terminates and Licensee fails to remove the Encroachment and
restore the Public Property, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures from the Public Property,to restore the Public
Property, and to 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
Encroachment and use of Public Property as 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 Seven Hundred Dollars ($700.00).
7.
The term of this Agreement shall be for thirty(30) years, commencing on the date
this Agreement is executed by City and expire upon expiration or termination of the water
line easement. However, the City may terminate this Agreement upon Licensee's
noncompliance with any of the terms of this Agreement. City shall notify Licensee in
writing of any such noncompliance and if Licensee does not cure the noncompliance within
thirty(30) days of notice from City, the City may terminate this Agreement. However, the
City may, at its sole option, allow the Agreement to remain in effect so long as Licensee
has taken reasonable measures to cure the noncompliance or is continuing to diligently
attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that City
exercises such powers over the Public Property 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 Property 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
Property to be used for any other public purpose within the limits of the property rights
granted to City for the Public Property, whether presently contemplated or not, that the
parties agree to negotiate in good faith in order to accommodate both the Encroachment
and the public purpose.
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9.
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, 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 "C." 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, in a reasonable amount, 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 "D" and incorporated herein for all purposes. City acknowledges
and agrees that the insurance described on Exhibit "D" currently complies with the
requirements of this Section. 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 restoration of
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Revised 11/2020
the Public Property. All insurance coverage required herein shall include coverage of all
Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. 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 use of the Public Property.
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 Property and is not a conveyance of any right, title, or interest in or to the Public
Property, 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.
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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.
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.
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Revised 11/2020
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]
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Revised 11/2020
City: Licensee:
CITY OF FORT WORTH Target Corporation
a Minnesota cor
By:DJ Harrell 24,2022 16:24 CDT) By:
D.J. Harrell, Director of the J Name: � �,�
Development Services Department Title: Authorized/Signatory
Date: J u n 24,2022 Date: I I GpZZ
ATTFSTl Approved As To Form and Legality
s
4aAette S.Goodall Jun 28,2022 13 CDT) �
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date:
Jun 28, 2022 Ordinance No. 24161-04-2020
_
Date: J u n 15,2022
4
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�a °o�dd
0
0 Contract Compliance Manager:
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�d'�°°° �`� By signing I acknowledge that I am the person
°O0°°00 ,O'
Batt xASa responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
We Scarlett Morales(Jun 16,2022 08:11 CDT)
Janie S. Morales
Development Services
Date: J u n 16,2022
Tier II Easement Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
***THIS PAGE 1 ' CITY OF FORT1 ' OFFICE USE 1
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 D.J. Harrell,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 24th day of
June , 20 22
Wendy L. Digitally signed by Wendy
L.Beardslee
Beardslee �QQ 022.06.2716:26:39 P- y P WENDY L BEARDSLEE
a Notary Public in and for the State of Texas Notary* `* O Public
STATE F TEXAS
N� Notary I.D.
OF��+� My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF MINNESOTA §
COUNTY OF HENNEPIN §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Minnesota, on /this day personally appeared ;(}�+R,�, S'�- .N„ the
of Target Corporation, an authorized signatory for Target
Corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he or she or they executed the same for the
purposes and consideration therein expressed,as the act and deed of Target Corporation,
a Minnesota corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of h ,
20 11- .
Notary Public in and for the
State of
HEATHER DEANNE LUEBKE
Notary Public-Minnesota
MY commission Expires Jan 31,2023
Tier II Easement Encroachment Agreement Page in of id
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Legal Description of the Licensee's
Property
TRACT I: (FEE SIMPLE EST ATE - - TARGET TRACT)
BEING all that certain lot, tract or parcel of land situated in the City of Fort Worth, Tarrant County,
Texas, and being a part of Lot I in Block I of MONTGOMERY WARD & COMPANY ADDITION, an
Addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Volume 388-138 at
Page 5 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at an "x" found in concrete in the East right of way line of Carroll Street(64 foot right of
way) for the Northwest corner of said Lot 1 in Block 1 of Montgomery Ward& Company Addition;
THENCE South 89 degrees 55 minutes 00 seconds East(Bearing Basis is the plat of Montgomery Ward
& Company Addition recorded in Volume 388-138 at Page 5 of the Plat Records of Tarrant County,
Texas) along the North line of said Lot 1 in Block 1 of Montgomery Ward& Company Addition, and
being common to South line of the Weisenberger Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Volume 388-A at Page 120 of the Plat Records of
Tarrant County, Texas, for a distance of 576.61 feet to a survey marker nail set for corner;
THENCE South and departing the North line of said Lot I in Block 1 of Montgomery Ward&
Company Addition for a distance of 122.31 feet to a survey marker nail set for comer;
THENCE West for a distance of 24.39 feet to a survey marker nail set for corner;
THENCE South for a distance of 317.00 feet to a point for corner;
THENCE East for a distance of 16. 71 feet to a point for corner;
THENCE South for a distance of 637.24 feet to a point for corner;
THENCE West for a distance of 372.18 feet to a survey marker nail set for corner;
THENCE North for a distance of 285.00 feet to a survey marker nail set for corner;
THENCE West for a distance of 196. 75 feet to an "x" set in concrete for corner in the East right of way
line of the aforementioned Carroll Street;
THENCE North along the East right of way line of Carroll Street, same being the West line of the
aforesaid Lot I in Block 1 of Montgomery Ward& Company Addition, for a distance of 792.38 feet to
the POINT OF BEGINNING and CONTAINING 12.6789 ACRES OF LAND, more or less.
Tier II Easement Encroachment Agreement Page 11 of 14
Revised 11/2020
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Tier II Easement Encroachment Agreement Page 12 of 14
Revised 11/2020
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Tier II Easement Encroachment Agreement Page 13 of 14
Revised 11/2020
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T-2042 FORT WORTH CENTRAL Kimley-Morn
ENCROACHMENT PROFILE EXHIBIT 13455 Noel Road,Two Gallerla office Tower
SCALE: 1"= 10'V -ite 700
FORT WORTH,TEXAS Dallas,Texas 75240
1"= 1'H 972-335-3580
N OVE M B E R 2021 State of Te xas R!Ti on No.F-928
EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Revised 11/2020