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HomeMy WebLinkAboutContract 59614Date Received: 6/14/2023 Time Received: 4:02 p.m. Record Number: PN23-00040 City Secretary No.: 59614 PUBLIC PROPERTY RIGHT-OF-WAY 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 Luis Alferez and Nora Campos, acting by and through the property owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 3128 H Avenue, Fort Worth, Texas 76105 ("Property"), as recorded in Deed Records as Lot 4, Block 56, Polytechnic Heights Addition to the City of Fort Worth, Tarrant County, by Instrument Number D214115173, in Tarrant County, Texas, and; WHEREAS, the City owns a right of way easement (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number Volume 63, Page 109, 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 "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a building (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 the OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY Page 1 of 12 Revised 12/2022 FT. WORTH, TX Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 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. :1 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 ROW Encroachment Agreement Page 2 of 12 Revised 12/2022 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 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 Nine Hundred Dollars ($900.00). Additionally, Licensee agrees to pay a fee in the amount of $2.00 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 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. Tier II ROW Encroachment Agreement Page 3 of 12 Revised 12/2022 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 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, 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. Tier II ROW Encroachment Agreement Page 4 of 12 Revised 12/2022 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. 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 ROW Encroachment Agreement Page 5 of 12 Revised 12/2022 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 ROW Encroachment Agreement Page 6 of 12 Revised 12/2022 C ity: CITY OF FORT WORTH .p—el�`. By: DJ Harrell (Jun 13, 202318:52 CDT) D.J. Harrell, Director of the Development Services Department Date: Jun 13, 2023 ATTEST Jannette Goodall, Date: Jun 14, 2023 Licensee: Property Owners By: , Name: Luis Oscar lferez Title: Property Owner Date: i Z By() Name: Nora Campos Title: Pr pe y Owner Date: toI1I''7 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: J u n 13, 2023 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. Rebecca Diane Owen Rebecca Diane Owen (Jun 13.202311:19 CDT) Rebecca Owen Development Services Date: Jun 13, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW Encroachment Agreement Page 7 of 12 Revised 12/2022 >y 11 H I by J_l!I Il OlU :ty 1111111i�1 OUJ . M 1111 .Jf 11 l�J l�l 9l fly Irl�J►1 A' i 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 13th day of June , 2023 . WendL, Digitally signed by Y Wendy L. Beardslee Beardslee Date: 2023.06.1413:30:34 05,00, Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 QRYpc WENDY L BEARDSLEE z Notary Public , * * STATE OF TEXAS !�V 9�OF Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 ' Tier II ROW Encroachment Agreement Page 8 of 12 Revised 12/2022 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 Luis Oscar Alferez, Property Owner (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 property owners, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ) day of , 20 . �.... YPu®4� LORI R CRiSS NOTARY PUBLIC Notary Public in and for the * STATE OF TEXAS _? FOF��Py MY COMM. EXP. 09/17/24 State of�. --> NOTARY ID 1 250574 4-5 STATE OF TEXAS § COUNTY OF TARRANT § Tier II ROW Encroachment Agreement Page 9 of 12 Revised 12/2022 BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Nora Campos, Property Owner (Title) 2=tome t o 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 property owners, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ! 207i✓ Notary Public in and for the State of Ayl day of f @Aay PUgGC LORI R CRISS NOTARY PUBLIC STATE OF TEXAS N�47FOF }Q�' MY COMM. EXP. 09/17/24 NOTARY,ID 12505744-5 ........................: Tier II ROW Encroachment Agreement Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 11 of 12 Revised 12/2022 1529 E I-30, ST103 SURVEY PLAT " GARLAND, 7 BURNS GARLAND, TEXAS 5043 FIRM REGISTRATION NO. 10194366 IF Sj iJF rj y /E Y fy �G BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090 ITV IY This is to certify that I have, this date, made a careful and accurate survey on the ground of property located at No. 3118 AVENUE H , in the City of FORT WORTH, Texas. Being Lot Four (4), Block Fifty—six (56)of POLY TECHNIC HEIGHTS ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof, recorded in Volume 63, Page 109, Deed Records, Tarrant County, Texas. ASPHALT AVENUE H - - lI4 2.4'< N 89' '2*0." E �50.0�0' .3.0 '.... wJ 50.00(CM) ' 1.1• .. N.E. CORNER .. . • ri OF LOT 3 Q:3'v\0.3' 16.0' - 0.6� ONE STORY °�` —2.9' a BRICK AND -o o FRAME o tH ( 3118IN ) IN N 32.9' LJ ' a .. .. M JACI cO 04 bb N 5. N �, 3 f � O o z 4 1.8'.: 20.1' NEIGHBORS ONE N GARAGE - STORY r ON a FRAME 151' FOUNDATION ON FOUNDATION —I1m 1.6' S.W. - 1r 3.7' CORNER ORNS 6 99.15' 1.8 _ 0.3OF LOT'� 89'47'20" W 50.00' 0.7'ONE ,; \ STORY 16' ALLEY FRAME NO FOUNDATION ACCEPTED BY, UNIVERSITY BEARINGS ARE BASED ON NAD TITLE COMPAN'y 83 DATUM, TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE The plat hereon is true, correct, and accurate representation of the property LEGEND as determined by survey, the lines and dimensions of said property being as WOOD FDICE -A4 RON FENCE -+K` qE U•F TtC indicated by the plat: the size, location and type of building and Improvements CRNN LINK � WEE FENCE �(- P •• • 'i' �ONM1LJfE '• G\S7f 9 are as shown, all improvements being within the boundaries of the property, set • RFO:-S back from property lines the distance indicated, or visible and apparent easements. CM _ CONTROUINGMONUNIENIS�MO DIONRY l��lb REM TITLE AND ABSTRACTING WORK FURNISHED BY UNIVERSITY TITLE 011/2' IRON ROD FOUND .......................... THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN. THY'r8ON 1Dw-CAPPED N Roo set BARRY S. RHODES 11. r I IPOUIU 'K' ...................... •••• •• Scale: 1" - 20' USE OF THIS SURVEY FOR ANY OTHER PURPOSE ''3A-KKINROD FOUND A3691�' 057e ON ROD MM POW FOR OORNER Date: 03/06/2023 UNDERSIGNED IISOR OTHER PARTIENOTHALL RESPON IBLEBE ATHEIR TO OTHERRISKAND FOR ® emu (ID- GEM '' FfSS... G. F. No.: 2340052FW ANY LOSS RESULTING THEREFROM. ®_ CUM PE _ POWER SURV y THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR _ FIRENtDRWT EIER m - TSEPITONE Job no.: 202301581 UNIVERSITY TITLE LIGHT POLE ®- SM METER SO ESS Drawn by: CMR ( OTNER®wISE NMON L)� EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page 12 of 12 Revised 12/2022 Renewal House & Home Policy Declarations Your policy effective date is November 10, 2022 Total Premium for the Policy Period WAllstate. Page 1 of 3 Information as of September 26, 2022 Premium for property insured $3,830.82 Summary Recoupment Fee Volunteer Rural Fire Department Assistance 1.54 Named Insured(s) Program Nora Campos, Luis Alferez (Total $3,832.36� Mailing address 3118 Avenue H Your total premium for this policy period has increased by at least 10% Fort Worth TX 76105-2328 Discounts (included in your total premium) Protective Device $45.74 Claim Free $214.66 Loyalty $408.83 Responsible Payment $914.26 Total discount savings $1,583.49 Insured property details* Please review and verify the information regarding your insured property. Please refer to the Important Notice (X73182-1) for additional coverage information. Contact us if you have any changes. Location of property insured: 3118 Avenue H, Fort Worth, TX 76105-2328 Location zone: N3272434W09727497 Your location zone is based on the location of the insured property and is one of many factors used in determining your rate. Dwelling Style: Built in 1926;1 family;1376 sq. ft.;1 story Foundation: Slab at grade, 100% Detached structure: Detached garage, 400 sq. ft. Interior details: One builders grade kitchen Exterior wall type: 100% wood siding Interior wall partition: 100% plaster Heating and cooling: Average cost heating system, 100% Additional details: Standard wood sash with glass, 100% Two exterior wood doors Two builders grade full baths Central air - same ducts, 100% Interior wall height - 8 ft,100% (continued) Policy number 1886979 8401 Your policy provided by Allstate Vehicle and Property Insurance Company Policy period Beginning November 10, 2022 through November 10, 2023 at 12:01 a.m. standard time Your Allstate agency is Alegre Premier Agcy 1000 Forest Park By Fort Worth TX 76110-1151 (817) 923-8126 MARIAAMAYA3@ALLSTATE.COM Some or all of the information on your Policy Declarations is used in the rating of your policy or it could affect your eligibility for certain coverages. Please notify us immediately if you believe that any information on your Policy Declarations is incorrect. We will make corrections once you have notified us, and any resulting rate adjustments, will be made only for the current policy period or for future policy periods. Please also notify us immediately if you believe any coverages are not listed or are inaccurately listed. Allstate. Alegre Premier Agcy 7000 Forest Park By Fort Worth TX 76110-1151 �I�III�III"'III"IIIIIIIII'I"IIIIIII'll'llll'llllll'II"II'I'll NORA CAMPOS LUIS ALFEREZ 3118 AVENUE H FORT WORTH TX 76105-2328 Information as of September 26, 2022 Policyholder(s) Page 1 of 2 Nora Campos, Luis Alferez Policv number 1886979 8401 Your Allstate agency is Alegre Premier Agcy (817) 923-8126 MARIAAMAYA3@ALLSTATE.COM Thank you for being a loyal Allstate customer —we're happy to have you with us! Here's your House & Home insurance renewal offer for the next 12 months. We've also included a guide to what's in this package and answers to some common questions. Renewing your policy is easy Keep an eye out for your bill, which should arrive in a couple of weeks. Just send your payment by the due date on your bill. If you're enrolled in the Allstate* Easy Pay Plan, you won't receive a bill —we'll send you a statement with your payment withdrawal schedule. You also won't receive a bill if a mortgage company or lienholder pays your insurance premium for you. How to contact us Give your Allstate Agent a call at (817) 923-8126 if you have any questions. It's our job to make sure you're in good hands. RP378-4 N Renewal House & Home Policy Declarations Policy number: 1 886 979 8401 Policy effective date: November 10, 2022 Insured property details* (continued) Fire protection details: Fire department subscription - no 2 miles to fire department Roof surface material type: Composition -100% asphalt / fiberglass shingle :Roof details: :Predominant roof type: Composition Age of roof - 8 years :Roof geometry - Gable Mortgagee TARRANT COUNTY CREDIT UNION 200 Taylor St Ste 215, Fort Worth, TX 76196-0208 Loan number:1457 Additional Interested Party - None *This is a partial list of property details. If the interior of your property includes custom construction, finishes, buildup, specialties or systems, please contact your Allstate representative for a complete description of additional property details. Coverage detail for the property insured Coverage Dwelling Protection Other Structures Protection Personal Property Protection Additional Living Expense Family Liability Protection Guest Medical Protection Foundation Water Damage Building Codes Building Structure Reimbursement Extended Limits Roof Surfaces Extended Coverage Water Back -Up Residence Glass Limits of Liability $228,094 $11,405 $114,047 Up to 24 months not to exceed $91,238 $100,000 each occurrence $1,000 each person $5,000 Not purchased* Not purchased* Included Not purchased* Not purchased* Applicable Deductible(s) - $3,000 Windstorm and Hail - $2,500 All other perils - $3,000 Windstorm and Hail - $2,500 All other perils ■ $3,000 Windstorm and Hail ■ $2,500 All other perils Page 2 of 3