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HomeMy WebLinkAboutContract 58590 Date Received: 12/15/2022 Record Number: PN22-00092 Time Received:8:07 a.m. City Secretary No.:58590 TEMPORARY ENCROACHMENT AGREEMENT FOR USE OF PUBLIC PROPERTY This TEMPORARY ENCROACHMENT AGREEMENT FOR USE OF PUBLIC PROPERTY ("Agreement") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting herein by and through its duly authorized Building Official, and Alsco, Inc., a Nevada corporation ("Grantee" or "Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of certain real property described as 3200 Yuma Street, Fort Worth, Texas 76119 and incorporated herein for all purposes and recorded as Document No. D209262991 in the Deed Records of Tarrant County, Texas ("Property"), being more particularly described in the attached Exhibit"A"; and WHEREAS, the City owns a sewer facility within a utility easement recorded in the plat records of Tarrant County, Texas by instrument number 30539 and recorded in the plat records as a re-plat of Tarrant County, Texas by instrument Number (the "Public Property") that runs through the Property as shown in the attached Exhibit `B," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to demolish a structure which is currently encroaching in, on, and above the Public Property; and r 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: OFFICIAL RECORD WITNESSETH: CITY SECRETARY FT.WORTH,TX 1. For and in consideration of the payment by Grantee of the charges set out below and the true and faithful performance of mutual covenants herein contained, City hereby grants to Grantee permission to temporarily encroach upon, use and occupy a portion of the space under, on and/or above the Public Property for the demolition of the building which is currently encroaching upon the Public Property. The location and description of TEMPORARY ENCROACHMENT AGREEMENT Page 1 of 11 FOR USE OF PUBLIC PROPERTY said encroachment is more particularly described in Exhibit `B" attached hereto, incorporated herein and made a part hereof for all purposes.Licensee shall not commence construction or demolition of the encroachment nor make any use of the Public Property until after the execution of this Agreement. 2. All use and occupancy of the Public Property under this Agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City of Fort Worth and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of the City. 3. Upon expiration of this Agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, under, on or above the surface of the public utility easement, including, but not limited to trees, markings, curbs, gates, fences, or any other improvements. 4. Grantee agrees to pay an encroachment fee for the temporary privilege of encroaching upon the utility easement throughout the demolition process in the amount of $406.50. Said fee is calculated in the manner and amount prescribed by the Building Code of the City of Fort Worth for temporary use or occupancy of public property. 5. Grantee, at no expense to the City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devises or other improvements, including the Public Property, affected by such encroachment, use and occupancy, including the securing of approval and consent from the appropriate 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 improvement owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the City.Additionally, in the event that the demolition of the building on the Property in anyway damages or affects the Public Property, Licensee shall be responsible for all costs to repair or replace the Public Property in its entirety. 6. The term of this Agreement shall commence on the date this Agreement is executed by City and terminate upon the demolition of the Encroachment and inspection by the City as to the condition of the Public Property in accordance with Exhibit "C" from dated and titled "Demolition Sequence for Alsco Building." TEMPORARY ENCROACHMENT AGREEMENT Page 2 of 11 FOR USE OF PUBLIC PROPERTY 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, 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. 7. It is expressly understood and agreed that this Agreement is for a temporary encroachment in, under, over and upon the Public Property located and described in Exhibit "B" for the specific purpose of demolishing a building currently encroaching on the Public Property. This Agreement shall not be construed as granting a permanent easement, encroachment or license upon City's public streets, alleys, sidewalks, or other rights-of-way,nor shall this Agreement be construed as vacating the Public Property. 8. City, through its duly authorized representatives, shall have the full and unrestricted right to enter upon the Public Property at any time, for any purpose, including making inspections to determine compliance with the terms, covenants and conditions of this Agreement. In the event that any inspection should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Building Official for the protection of public health or safety, City may terminate and cancel this Agreement. 9. Upon expiration or termination of this Agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the utility easement to a condition acceptable to the Director of Transportation and Public Works or his duly authorized representative and in accordance with then existing City specifications, and Grantee shall remove all barricades, equipment, supplies, materials or other property from said location. Grantee further covenants and agrees that for a period of one (1) year after the termination of this Agreement, Grantee will repair all conditions or damages to the utility easement that have resulted from Grantee's use or occupancy of the utility easement, as determined by the Director of Transportation and Public Works or his designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from the Director of Transportation and Public Works or his designee. All repairs shall be performed in an expeditious and workmanlike manner and shall comply with all applicable laws, code, ordinances and City specifications. In the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the right to remove or TEMPORARY ENCROACHMENT AGREEMENT Page 3 of l l FOR USE OF PUBLIC PROPERTY OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, OF WHATSOEVER KIND OR CHARACTER, INCLUDING DEATH, TO ANY AND ALL PERSONS, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. 15. Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of the utility easement as located and described in Exhibit"B". The amounts of such insurance shall not be less that the following: Property damage,per occurrence $100,000.00 Bodily injury,per person $250,000.00 Bodily injury or death, per occurrence $500,000.00 With the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amount immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be cancelled or amended without at least thirty(30) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached hereto as Exhibit "D" and incorporated herein by reference. Grantee agrees, binds and obligates itself, 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 all encroachments and the restoration of the utility easement. All insurance coverage required herein shall include coverage of all Grantee's contractors. TEMPORARY ENCROACHMENT AGREEMENT Page 5 of 11 FOR USE OF PUBLIC PROPERTY 16. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without prior written approval of City, and any attempted assignment without such prior written approval shall be void. 17. This Agreement shall be binding upon the parties hereto, their successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement or out of the use and occupancy of the Public Property as permitted hereunder,venue for said action shall be in Tarrant County, Texas. 19. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interested and reasonable attorney's fees. TEMPORARY ENCROACHMENT AGREEMENT Page 6 of 11 FOR USE OF PUBLIC PROPERTY 1 EXECUTED this 16th day of December 20 22 GRANTOR: GRANTEE City of Fort Worth Alsco,Inc a Nevada corporation j By By: 2zku Allison Gray,Assistant Development Name: Services Direator/BuildiugOfficial Tittle; Dec14 2022 Date: 1Date:��d�,r,l1�- APPROVED TO FORM AND LEGALITY: Thomas R.Hansen Assistant City'Attorney No M&C Required Dec 9,2022 Form 1295:N/A �7�1�12tt2 cl C7000t�� Jan nette S.Goodall(Dec 15,2022 08:07 CST) Jannette Goodall City Secretary Date: Dec 15,2022 Contract Compliance Manager: � By signing I acknowledge that I am the Aar F OR T �� person responsible for the monitoring and /J 0000000 'V o 0° 0000� administration of this contract,including 9. ° o��� ensuring all performance and reporting P 0 °_ requirements. 00 0 ��� o o �d p Rebecca Diane Owen(Dec 9,202215:5G CST) O 00 j, °Ooo°oo ICY SEX Asap Rebecca Owen Development Services Date: Dec 9,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX TEMPORARY ENCROACHMENT AGREEMENT Page 7 of 11 FOR USE OF PUBLIC PROPERTY 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 Allison Gray, 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 14th day of December 2022 Wendy L. Digitally signed by Wendy L.Beardslee Beardslee Date:2022.12.14 �P�YP e WENDY L BEARDSLEE 16:44:31 -06'00' z �� Notary Public Notary Public in and for the State of Texas ,r STATE OF TEXAS Notary I.Q. 13323719-3 My Comm. Exp. July 28, 2025 TEMPORARY ENCROACHMENT AGREEMENT Page 8 of 11 FOR USE OF PUBLIC PROPERTY STATE OF T-R� COUNTY OF TA 1.`f Z,4 BEFORE ME, the undersigned authority, a Notary Public in and for the State of ems, on this day personally appears known to me to be the person whose name is subscribed to t e foregoing instrument, and acknowledge to me that he/she executed the same for the purposes and consideration therein express, as the act and deed of&1 C � C-- and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisay of 20 Affiant Title Notary Public in and for The State of T 0#% P� ELiSSA NANS NOTARY PUBLIC-STATE OF UTAN+ My Comm.Up. IT/05/2025 Commission if 721350 TEMPORARY ENCROACHMENT AGREEMENT Page 9 of 11 FOR USE OF PUBLIC PROPERTY EXHIBIT A Property Legal Description LOTS 1 AND 2,BERRY INDUSTRIAL PARK,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,ACCORDING TO MAP OR PLAT THEREOF RECORDED IN VOLUME 388-43,PAGE(S) 12, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. TEMPORARY ENCROACHMENT AGREEMENT Page 10 of 11 FOR USE OF PUBLIC PROPERTY I i xc'm Nallaaee o�a as ie:Muuw��ess '� I l .�I ro.�-,, 1 CULL L$-LL--1LLI111W `�J����ll Ll l II ICI I � IlI l �IIcII D H II I I all (J I��I sabvo I Lti Y �III v�ul� was II �_ D I I I li- III ♦ __—__—__ r-- ili it ; cwm° �I�I ICI I I ♦♦♦ —�S6 ��� I I i �x �in ili Ira. } iNi; II �♦♦♦♦— n .� b.o-� III � 9 _ I �iil Iii — — �� I i li �♦♦ I G I II l i l k',"m 0 ro�u<p, ,ae � i i I ; 0♦ .v, .I I' I- i 1 Ii I,4 a .,n � E I I ----------------- • H, — Y17 I I I Ifl� I 1 r I I I g1Y .OY•ito dOT mo 3µ M. S n y F 47 b i tl T® ALSCO LINEN INC. o A � A z m PROPOSED ADDITION GJ r H £ o m z 1340 EAST BERRY STREET s °m "s pyO O FORT WORTH,TX Z 'a o o� EXHIBIT B Depiction of the Public Property TEMPORARY ENCROACHMENT AGREEMENT Page 11 of 13 FOR USE OF PUBLIC PROPERTY �e.Va•.maamN�u.��xsm uMd de w Mp y (4IN " Qi 'UMA STREET p vUM A, STREET o P7 EXTENSION Of ' l7 m n, m -�. m - op .. Eqt $ ck€�aQ3 •?'- $ 0 � i i i a g i s a s = "s I dp$$e$e �.. ae�st�a _�a e P E � � � a - c � 4 •s f s g P r J f F — N 0 0 fr ® ALSCO LINEN INC. m y m PROPOSED ADDITION 3 1340 EAST BERRY STREET 8 oNo a m FORT WORTH,TX Z oA � o� �e.ua•.'Oas�Nm.u.��xsm uMd de w Mp F g�4y o' f{fl $m� ga z $ V m = Z1 v I Omer: A.8r di Cw.m k..V°Ime 2 0 0 7.Page 6 6 u 1 5 6 - NORTH 526.60' Qj Ab m rTl '10 0 ~ m m o Z mC5N m m ==71 I Ja.9'v ti ti_ w SOUTH 471.24' z e a 2 Lot 2 Block 2 L.or 1.Block 2 VoLJem'e Ctis 61rsviJ Addition "',P'9"4 n5g w.o 1.4 .0 L2J ,.:uazrzstu ux 1pwiLm ve 7_�m-vq 1�:s3 1 �� Dear r '°'�lw°"�- s7 �m °��3 Bs aw : ?fisaa� es�mn`jam CA r �Zy �: _94v8g 2 s8.�,.?yy Pyg9.g rj% $oR 4.g O J .7o un o y' fr ® ALSCO LINEN INC. m z PROPOSED ADDITION 0 z Z z 1340 EAST BERRY STREET 8 s pN FORT WORTH,TX Z o� EXHIBIT C Depiction and description of the Encroachment TEMPORARY ENCROACHMENT AGREEMENT Page 12 of 13 FOR USE OF PUBLIC PROPERTY I w N� � I I - �- w� I < - - - - - - zZo < Co 7.7W0c, I I pmm b�"omcn rO m >mo o II II � ow 0 > n��T, Oo D�m ON h 00 II� ®�O D O m 0 IT II N 89'38'36" E w VOLUME 388-43,5 AGE 12[- J L 50.00' — " ----- -------------------------- --------------- r------ I 1 11 mop �, Cm m ❑ mCD m CD- W .. ." .......'. 7u a co w m= N .... .... ....... 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'. i............. w p "�Y... ..............� 0 b.0 r z i�i�i i�i� �'�i�i�i�i�i�i�i�i�i�i�i�i�i�'�{ O p A W O r of li co oDm � C 0 40 80 120 O I O D m m Cn z I 1 i o { Scale: 1"=80' A I o D Cn ° 50.0 I > DM m� m n N co I I N N 1 _ 1 ---------—-----—--- ------—---------- -------—------ CV 1-7 -- ---- ---- -— - - - ------------ - - - - --------- C) -------------- - --'DO---Z -C-) �--A -N ----------------------- <om 00 0CD CO 0 0m < cooD -omz5: M�zr wprO m � �W oCOl mO w e o 00 O D -,pn - N m__----_-- O m o0 om ZI t W y D Dcn m mA 1 1c\ mz m � ^� \ m _ n Cf) N A \ (A S 89'25'56"W `\ POINT OF BEGINNING I50.00' MENCROACHEN \�\ L - R SURVEYING, LLC OBNO EXHIBIT A TBPS No. 10194623 DATE: JUNE 27,2022 50 FOOT STORM DRAIN EASEMENT SCALE ENCROACHMENT (817)354-1445 1"=80, o P.O.BOX 2415 (817)798-4039 CELL GRANDBURY,TEXAS 76048 surveygroup@att.net DRAM BY: GEC SHEET NO.1 OF 2 15' UTILITY EASEMENT ENCROACHMENT METES AND BOUNDS DESCRIPTION 0.568 ACRE bEING a 0.568 acre tract of land out of the George w. Hartzog Survey Abstract No.697 in the City of Fort Worth, Tarrant County Texas, being all of that certain Lot 1 and Lot 2, Berry Industrial Park, an addition to the City of Fort Worth, according to the plat thereof recorded in Volume 388-43, Page 12, Plat Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner, said point being at the southwest corner of Lot 2, Block A, S&B Technical Products Addition, an addition to the City of Fort Worth, according to the plat thereof recorded in Document No. D217261976, Official Public Records,Tarrant County, Texas, same being the northwest corner of said Lot 2, Block 3, Jim Ellis Industrial Park Addition, THENCE North 00 deg.34 min.04 sec.West, along the common west line of said Lot 2, Block 3, Jim Ellis Addition acre tract and said east line of Lot 2, Block A, S&B Technical Products Addition, a distance of 223.67 feet to a 5/8 inch iron rod found for corner; THENCE North 00 deg. 31 min. 37 sec.West, continuing along the common line of Lot 2 and said Lot 2, Block A, S&B Technical Products Addition, a distance of 271.43 feet to to a 1/2 inch iron rod found for the northwest corner of said Lot 2, Block 3 Jim Ellis Industrial Addition. THENCE N 89°38'36" E, departing said common west line along the north line of said LOT 2, Block 3, Jim Ellis Industrial Addition a distance of 50.00 feet to a point for corner in the east line of a 50 foot Storm Drain Easement as recorded in volume 388-43 at page 12 in the Official Property Records of Tarrant County, Texas. Thence S 00°31'37" E, along said 50 foot Storm Drain Easement a distance of 271.26 feet to a point for corner; Thence S 00°34'40"E, along said 50 foot'Storm Drain easement a distance of 223.65 feet to a point for corner in the said south of Lot 2, Block 3 ; THENCE S 89°25'56" E, Along said south line of the 50 foot' storm drain easement and the south line of said Lot 2, Block 3, a distance of 50.00 feet to the POINT OF BEGINNING and containing 24,750 square feet or 0.568 acres of computed land. L - R SURVEYING, LLC JOB NO EXHIBIT A TBPS No. 10194623 DATE: - JuNE 27,2022 50 FOOT STORM DRAIN EASEMENT SCALE ENCROACHMENT - (817)354-1445 o P.O.BOX 2415 (817)798-4039 CELL GRANDBURY.TEXAS 76048 surveygroup@att.net DRAWN 6Y: GEC SHEET NO.2 OF 2 EXHIBIT D Certificate of Insurance TEMPORARY ENCROACHMENT AGREEMENT Page 13 of 13 FOR USE OF PUBLIC PROPERTY }