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HomeMy WebLinkAboutContract 58258 Date Received: 10/18/2022 Record Number: PN21-40183 Time Received: 4:40 pm City Secretary No.: 58258 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Montserrat Hills, LLC, a(n) Texas limited liability company ("Licensee"'),acting by and through its duly Manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 4700 Montrachet Boulevard, Fort Worth, Texas 76126 ("Property"), being more particularly described in the attached Exhibit "A"which is incorporated herein for all purposes; and WHEREAS, the City owns a water and sanitary sewer easements (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 in the plat records of Tarrant County as plat number FP-19-082]; 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 entrance walls for subdivision (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 cause OFFICIAL RECORD CITY SECRETARY Tier H Easement EncmwbirentAgreement PN21-WI83 FT.WORTH, TX 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 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 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. Licensee agrees that City may 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 Tier II Easement Encroachment Agreement Page 2 of 14 PN21-00183 Revised 3/2022 duly 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 alien 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. 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, 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 both the Encroachment and the public purpose. 9. Tier II Easement Encroachment Agreement Page 3 of 14 PN21-00183 Revised 3/2022 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 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. 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 the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Tier II Easement Encroachment Agreement Page 4 of 14 PN21-00183 Revised 3/2022 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. 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. Tier II Easement Encroachment Agreement Page 5 of 14 PN21-00183 Revised 3/2022 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] Tier II Easement Encroachment Agreement Page 6 of 14 PN21-00183 Revised 3/2022 City: Licensee: CITY OF FORT WORTH Montserrat Hills, LLC a Texas limited liability company by: Montserrat Properties, LLC a Texas limited liability company it's manager BV:Ol Harrell{Oct 12,2=16:01 COT] By: 77 D.J.Harrell, Director of the Name:Donnie Siratt Development Services Department Title: Manager Date: Oct 12, 2D22 Date: V,;;P122 ATTEST: Approved As To Form and Legality � t s e Jannette 5.Goodall[O lI,2022 15:10 COT] Janette Goodall, Thomas Royce Hansen Assistant City Attorney City Secretary Date: Oct 17, 2022 Date: Oct 7, 2022 444���n F FORTS pICY °°°pOo°OO °o G�d Contract Compliance Manager: 1►g ° �d� By signing I acknowledge that I am the person ¢v o °_ responsible for the monitoring and administration ° °°o*p of this contract, including ensuring all performance �¢��o° °°°e°o°° a and reporting requirements. Tix At Malt'731/v on behalf of Matt Til I on be nalf of 10:17.2022 10:34 COT) Janie S. Morales Development Services Date: Oct 7, 2022 OFFICIAL RECORD CITY SECRETARY Tier H Easement Encmachment Agreement PN21-WI83 FT.WORTH, TX *TH IS PACE FOR CITY OF FORT WORTH OFFICE USE ON LY* STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personalty 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 12th day of Oc bwr ,2022 . WendL. Digitally signed by Y Wendy L Beardslee Beardslee Date:2o2z.,n.,z 16:19:20-05'0(Y Yp�Q WENDY L BEARDSLEE a f� Notary Public in and for the State of Texas ° Notary Public* * STATE OF TEXAS Notary I.D. 13323719-3 MX Comm. Exp. Jul 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier ll Eas ement Fncmwhment Agieement Page 9 of 14 M21-00183 Revised312022 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 Donnie Siratt, Authorized Signatory (Title) 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 Montserrat Hills, LLC. a Texas limited liability company (entity t)•pe), and in the capacity therein stated. GIVEN UNDER MY HAND AN SEAL OF OFFICE this day of 20 �. . Notary Public in and for the State of 'f�(1� VICTORIA BURDETT Y' •'s_Notar Public, State of zexis t Comm. Expires 64.16 242a Notary ID 132439967 lrltl OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Tier II Easen)ent Encrvachnwnt Agieentent Page 9 of 13 PN21-00193 Revised 312022 0.28 AC. CP n. o- ().30 0.25A�C. � � a CA, 0.34 AC. N 0.26 I 1x co co i x V_ '► V ' - t __ P x N 14A . N C � 0.24A8 CO2 1 4 g. �,' N Q ` -� 3 N a ().24 Ke uo OWIER I QEYELOF'ER T.H.Pritehett 1 Associates �ly.ra r LOCATION PLAN—ENTRY WALL MONTSERRAT HILLS,LLC. uNoscwEaaaHTfcrs ONO WESTERN PUCE II,SLUE 456 a �° 121d CW LAGO MAIN ENTRY WALL&GATE �j FT.WORTH.TOM 76'OT PHA' Ku1NG.TEM 75039 b PLAN&ELEVATIONS TARRANTCOUNTI,FT.WORTH.TEXAS OFgURHD* 817.3774a27 I�i '., ,,d 214497.2580 FAIL 01 7--732-0595 �cUdd6gnckn,arn EXHIBIT B Depiction of the Public Property Tier IT Easement Encmachment Agreement Page 11 of 13 PN21-00183 Revised 3/2022 I P-53-17 AM 40 Zoom plCKlKM-MdWi ho W.W� U01 01 r ilk 01 al _a___ if noo JAWUNW-1 oli; 4, 4f' rT X. I pa h�0 Mau 31 7M m j kOCK f r 9A Lwvmgww ASO" MIMI q Z":=4 u w M-3olq V Z 4 IT V sesseAppe (mov —.10 W�'Eld'e'68W ri R33 NO NDr W lM3A* Z80-6 VdA L-i Iffid LV;BE-EG GZOZIGZtVD SE9690OZZa AXA- TANTS,L.L.C. —JEEF M I"" WE mm lm CONMUL FINAL PLAT C"iai'�iiss MONTRACHET FR.NO.109MM EXHIB IT C Depiction and description of the Encroachment Tier IT Easement Encmachment Agreement Page 12 of 13 PN21-00183 Revised 3/2022 v a». i r J= 1 L { A I F 2 . 11. T�; n. -I F. li0 Ii 1�1� I A R It jilt At 11 p L L E f k J1 k k I ul qo 9 w p p ps A J I m I M CD CD sr C> t U)cn CD CDP A3 m m amp :KI �mu OWRJI)EWLOPM T.H.Pri Icheft Associates s: ENTRY ELEVATION-REAR MONTRACHET MaNTSERRAT HILLS,LLC. LANDSCAPE ARMOS m W WESTERN PLACE 11 SLITE 456 121�CAE"LAGO MAIN ENTRY WALL&GATE rr.womjamifi,�� IPMNG.TEM 75M PLAN&EI-EvA-nONS OFRCE PHD* 81 WTF4827 21449T.2580 TARRANT ODURTY.FT.WORTH.TEXAS FAX 017--732-0595 Wumz_Udd6qndkfl.com J. F. LL007Y ZURTET s A08 flACir No. 103 qX 8 I 1 M +ITRACHET ADDITION vas D2211145079 �� I `1 P.R.T.C.T_ SS l U� K 1bu stil l Jn5T w �TA�EN MS to 1R,BL �N�ROAc�� so-IF, P1 ��- POB 1 l N77"424fl"E 'em r 1 4 f�.4'7 S77 42 0o W m - 5 l 5 NA i 1x N 1 ` La �o� s�5Q 6LOCK l ,to 1 P7 �v ` l l l t3 g ❑ 1 w, L 3 $LOCK 4 N v 7 53 a1°W �s 2 V 1 "6a , S7 �Q m 1 z TC tl 750 SQ.FT. s C) 5-; D 0 50 100 L l ��LaCy�1�0 � l GRAPHIC SCALE IN FEE-] l l 1' = 50' ' l l 1 1~R E5MT. ix W R.&&5A[d.5 1 t l EXHIBIT "A" GEND EASEMENT ENCROACHMENT POB=POINT OF BEGINNING POC=POINT OF COMMENCING SITUATED IN LOT 1 R,AND 2R,BLOCK 100 SSL= SANITARY SEWER LINE MONTRACHET ADDITION SD= STORM DRAIN LINE CITY OF FORT WORTH, WL- WATER LINE TARRANT COUNTY,TEXAS DRAWN BY= A.N.A. CONSULTANTS, L.L.C. DATE= 09-27-19 DGN. NO.: 180250-Enc-2 A�k 5DD0 Thompson Terrace CONSULTANTS.L.L.C. Cnlle}nnlle,Texas 76034 APPROVED BY= EK Office: (817)335-9900 REV I Cr, Fax: (817)3 5 cSK.NO. 2 OF 1 O F.R.NO.1OD90800 080D EXHIBIT "B" REAL PROPERTY DESCRIPTION BTLTMC' TKQ PARCELS OF LAND SITUATED J. F. ELLIOTT SURVEY, ABSTRACT NUMBER 493, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 1R, AND 2R, BLOCK 100, MONTRACHET ADDITION, AS RECORDED IN INSTRUMENT NUMBER D2211145079, PLAT RECORDS, TARRANT COUNTY, TEXAS, AS CONVEYED BY DEED TO MONTSERRAT HILLS, LLC RECORDED IN INSTRUMENT NUMBER D219010528, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PARCEL 1: 6 FOOT WIDE EASEMENT ENCROACHMENT. BEGINNING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE NORTHEAST CORNER OF LOT 2, BLOCK 4, OF SAID MONTRACHET ADDITION; THENCE NORTH 77 DEGREES 42 MINUTES 00 SECONDS EAST, 120.00 FEET TO 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE NORTHWEST CORNER OF LOT 1X, BLOCK 1, OF SAID MONTRACHET ADDITION IN THE EAST RIGHT-OF--WAY LINE OF MONTRACHET BLVD (LOT 1R, BLOCK 100, 120 FOOD WIDE PRIVATE RIGHT-OF-WAY) ; THENCE SOUTH 12 DEGREES 06 MINC[TES 19 SECONDS I kOt, 6.00 FEET WITH THE WEST LINE OF SAID LOT 1X; THENCE SOUTH 77 DEGREES 42 MINUTES 00 SECONDS WEST, 120.00 FEET TO THE EAST LINE OF SAID LOT 2; THENCE NORTH 12 DEGREES 06 MINUTES 15 SECONDS WEST, 6.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 720 SQUARE FEET OF LAND MORE OR LESS. A.N.A.Consultants,L.L.C. Page 1 of 5000 Thompson Terrace Collcyville,TX 76034 REVISION:05-18-22 PARCEL 2: 751 SQ.FT. EASEMENT ENCROACHMENT. COmmENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE SOUTHWEST CORNER OF LOT 2R, BLOCK 100, OF SAID MONTRACHET ADDITION; THENCE NORTH 00 DEGREES 44 MINUTES 34 SECONDS EAST, 8.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 12 DEGREES 06 MINUTES 19 SECONDS WEST, 38.20 FEET; THENCE NORTE 77 DEGREES 53 MINUTES 41 SECONDS EAST, 19.66 FEET; THENCE SOUTH 12 DEGREES 06 MINUTES 19 SECONDS EAST, 38.20 FEET; THENCE SOUTH 77 DEGREES 53 MINUTES 41 SECONDS WEST, 19.66 FEET TO THE POINT OF BEGINNING AND CONTAINING 751 SQUARE FEET OF LAND MORE OR LESS. Nate: Bearings are, a . Ao True North obtained from Global Positioning SaLellite System (6L') Ob,servations, North American Datum 1983 (NAD '83) , Texas State Plane Coordinate System, North Central Zone. OF E S...L. :......... ... ••EDWARD K_KHAL11 ..%...... ....Y.. =.4 5951 e i <'%.Gp sstQ. Np SUR4�� 51 012-2-- A.N.A. Consultants, L.L.C. Page 2 of 2 5000 Thompson Terrace Colleyville,TX 76034 REVISION:05-18-22 Lo LY nn LP f�11yiy `L-' i ' ° l o L iI 4• a 4 ', Y--� �� �•+-7 1,79 I 1#�ya7l T}kL 1 W 1 R ul C .`` 0 - rn III --- 154.58' 10�LL� EXHIBIT D Certificate of Insurance Tier IT Easement Encmachment Agreement Page 13 of 13 PN21-00183 Revised 3/2022