HomeMy WebLinkAboutContract 53922 May 20, 2020 CSC No. 53922
12:04 PM
EASEMENT 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 Director, and Cook Children's Health Care System, a
Domestic Nonprofit Corporation ("Licensee"), owner of the real property located at 901
81h Ave,Fort Worth,Texas 76104("Property"),acting by and through its duly authorized
Vice President,Construction and Real Estate.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant 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 open space, ingress, egress, and utility easement
(the "Easement") in 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/or maintain certain
improvements which will encroach in, on,above,or below the City's Easement;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 the 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 Easement as described in and at the location shown on
Exhibit A, but only to the extent shown thereon,for the purpose of 116 linear feet of 4"
PVC conduit, subgrade, crossing the easements (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Easement. Licensee shall not expand or otherwise cause the
Encroachment to further infringe in or on City's Easement beyond what is specifically
described in the exhibit(s)attached hereto.
Easement Encroachment Agreement-Commercial ONsCiAk RECORD
e? "RRETARY
FT WORTH,TX
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, and 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 securing the approval and consent of the
appropriate utility companies and agencies of the State 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 the City an additional amount equal to
such additional cost as reasonably 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 the 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 the 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 Easement 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-
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised]2/2018
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 Easement, Licensee hereby gives the City permission to remove the
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 of in the
sum of Five Hundred Dollars($500.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by the 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 Easement to
be used and encroached upon is held by City as trustee for the public; that City exercises
such powers over the Easement 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 Easement 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 Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, 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.
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 12/201 S
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 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 it 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 Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 12/2018
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 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 Easement and is not a conveyance of any right, title, or interest in or to the Easement,
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, the City shall be entitled to recover interest and reasonable attorneys' fees.
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 12/2018
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]
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 12/201 S
City: Licensee:
CITY OF FORT WORTH Cook Children's Health Care System
P 9 H-u- a
By: DJ Harrell(May 18,2020) By:
Web eU— ,Director Name:
Planning&Development Title: IUA 4Wxft-
Date: May 18,2020 Date: �ti3 WIP
By:
Name:
Title:
ro —
RTDate:
� f•,
�5
p
ATTEST: '. ! Approved As To Form and Legality
YROW&&M
w;��
Matt Murray(May 18,202bf
City Secretary Matthew A.Murray FWW- Ste,32-10
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this ontract,including ensurin all performance
nd re ng requirements.
-71 Janie S.Morales
Development Manager
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial i
��jETARY
FT. WORTH,TX
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 T,*-�}j#W-Qt'L L— , 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 19 day of
May }ZU 20
LAURIE Digitally signed by LAURIE
PEQUENO LEWIS
PEQUENO LEWIS Date:2020.05.19 14:32:19-05'00' �PFtY Pve LAURIE PEQUENO LEWIS
Notary Public in and for the State of Texas = �% Notary Public
* * STATE OF TEXAS
�9$ F Notary I.D. 132278952 OF
My Comm. Exp. Dec. 10, 2023
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
OFFICIAL RECW
CITY SECRETARY,
FT. WORTH,TX
Easement Encroachment Agreement-Commercial Page 8 of 12
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
'ram_,on this day personally appeared Spencer Seals,Vice President,Construction
and Real Estate (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 Cook Children's
Health Care System, a Domestic Nonprofit Corporation (entity type), and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of hou
20 2D
------
Nicole y bIIea
Notary Public in an for the A �m0 31860418
W Comm Exp.at 11.2W
State of nwl-
tOFFICIAL REC®R�ITY SECRETARYFT.WORTH,TXEasement Encroachment Agreement-Commercial Pa ised 12/2018
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 12/2018
N 6953292.95
WEST TERRELL AVENUE E 2324484.44
N 6953292.80
E 2324472.44 -
-CHARIER-
1 0 ; 12' UTILI TY
EASEMENT
COOK 1
1 I COOK CHILDREN'S
CHILDREN'S i� 1 1 co HEALTH CARE SYSTEM
GARAGE ,�0 C.C.D. N0. D216103772
D.R.T.C.T.
BLOCK 10 ``
SOUTHLAND SUBDIVISION :«
OF THE FIELD WELCH
ADDITION — — — —
VOLUME 310, PAGE 5
w P.R.T.C.T BLOCK 10
o+f2 SOUTHLAND SUBDIVISION OF
THE FIELD WELCH ADDITION
N 6953240.38 VOLUME 310, PAGE 5
N 6953240.15 E 2324473.03 E 2324485.03 P.R.T,C,T,
g � - ��
g PROPOSED 4 — 4" a+oo
I 1 FUTURE AT&T AND
0
ELECTRIC CONDUITS 1 ( CHARTER CONDUITS
s COOK CHILDREN'S E
EXISTING 6" SANITARY
HEALTH 1 F SEWER (X-0448)
CARE SYSTEM l - EXISTING 4" GAS LINE
C.C.D. NO. D216147890 —
D.R.T.C.T. 1 I
LEGEND
QUANTITIES IN 12' PUBLIC PROP 4" CONDUIT
UTILITY EASEMENT
1. 24 LF 4" ELECTRIC CONDUIT o zo ao
GRAPHIC SCALE IN FEET
RUNAWAY EXHIBIT A
5soBafiay Avenue Te:817400•11 Fort Worfh,Texas 76107 PRIVATE ELECTRIC CONDUIT
f° (TX REG.F-1114)
CROSS SECTION C—C
PROFILE SCALE
638 HORIZ: 1" =40'
VERT: 1"=4'
636 636
634 1 634
EXISTING
632 GROUND 632
0 EXISTING 4"
630 GAS LINE 630
EXISTING 6"
SEWER LINE
628 X-0448' 628
FUTURE
A Tat T AND 626 CHAR TER 626
W
g 624 624
� N -
622 622
3
G
620 PROP PROPOSM 620
s
P R/VATE ;4-4"
$ 618 CONDUIT 618
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616 EASEMENT 616
0+00 0+50
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DUNAWAY EXHIBIT A
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pREG.F•1114)
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PROPOSED PRI VA TE
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N 6953643.14 I ( N 6953643 59
E - E 2324476.08 I I E 2324534.08
I L I I I 20 x2O' OPEN
20 x20 OPEN SPACE EASEMENT
LOT.-I.®LOLK ► I I SPACE EASEMENT
GRANDVIEW ADDn10t1 20' INGRESS, EGRESS,
VOLUME 396-204,PACE 8
P.R. & UTILITY EASEMENT
- W.I. COOK FOUNDATION.INC
—' -T
3�a `✓ ,
( (I C.CD,NO. D216299520
D.R.T,C,T
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C.C.D.Na 0219149760
D.R.T.C,T.
EXISTING 4" GAS LINE ► I I I I
N _ _
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� QUANTITIES IN RIGHT—OF—WAY'
LEGEND
1. 116 LF 4" PVC CONDUIT
N
FO PROP FIBER OPTIC LINE
a
N
N
0 40 80
a
a
GRAPHIC SCALE IN FEET
AWA
� ��N y EXHIBIT A
2 550 BaOey Avenue•Suite 400•Fort Worth,Texas 76107 Tel:817.335.1121 PRIVATE FIBER OPTIC LINES
(TX REG.F-1114)
a
644 CROSS SECTION B-B 644
3
PROFILE SCALE
fi 642 HORIZ: 1"=40'
b — VERT: 1"=4'
EXISTING 640 GROUND 640
0
PIPE
638 638
EXISTING 4"
NATURAL
636 GAS LINE 636
s
E
W
634 1 `o 634
I'
0
632 632
t„
W
g a 630 630
628 PROPOSED
m 628
s 2-4" FIBER
626 OPTIC LINES 626
$ EASEMENT
624 624
0+00 0+50 1+00
a
I
a
N QUANTITIES IN RIGHT—OF—WAY,•
1. 116 LF 4" PVC CONDUIT
N
MN
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9QyT
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2
2 A
RUNAWAY EXHIBIT A
550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 Tel:617.335.1121 PRIVATE FIBER OPTIC LINES
m
o (1X REG.F-1114)
0
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 12/2018
EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 12/2018
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20'Ar20'OPEN SPACE EASEMENT ( 20'x20'OPEN SPACE EASEMENT I t
I COOK CHLOREN'S I I I
i- MEDICAL CENTER 1
2-4'CONDUIT CCD.NO.D210Il07e6
{� I`. I I I LOTS
BLOCK 9 LOTS 9 e:COOPER { .
SUBOIHSION Of p1ANDNLW Al70InOK
VOLUME OJ,PACE 106
20'INGRESS, EGRET & u77LITY EASEMENT I P.fl.T.CL
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-- ------ � LOT 3".BLOCK 9 I
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atAND463 ADgnav
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C.C.O.,D,O.R 04I0201ez0
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KINDRED HOSPITAL �Ewolm CENTER
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13
z WEST TERRELL AVENUE
- -
I COOK CHILDREN'S {"
PARKING LOT
''- qLOCX to COOK CHILDREN S
6OUTHLAN 9Uw"GET OF,HE nELD KIDS'PLACE
t wa-01 ADDITION.
VOLUME 310,PAGE 6 z I:
P.R.T.C.T -w w
4-4'CANOuIT COO=C7iLORENS 1EUTH CARE SYSTEM w
CC-0.40.0210103772
I COOK CHILDREN S 1lu>wN ¢ I I =
GARAGE EASEMENT �I swmLAM SUBDIVISION u
sauTHUND sxlausaN DIP ALLIANCE FOR E7 07 nDDB ifLCH
THE FlELD WELCH ADDITION z :In AUDITION
Q --- VOLUME 010.PAGE 0 CHILDREN - I ul O.O.D.NO.D2,',,,,O,,
o t'S b`S•i _ -- 'SS'- V P.R.T.C.T P.R.T.C.T.
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VOLU E�1I N&PACE 31oc
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BLOCK 10
THEFIELD WEL¢,ADand1
VOLUME 3I00,,PAS
- _ PR.7.O.T
4 VICINITY MAP
0
N
EASEMENT ENCROACHMENT
COOK CHILDEN'S WEST TERRELL GARAGE
FOR WORTH,TEXAS
0 100 200
DUNAW'A
550 Balley Avenue-Suite400•Fort Worth,Texas76107 Tel:B 17.335.1121 GRAPHIC SCALE IN FEET
INREG.F•1114)