HomeMy WebLinkAboutContract 56044 Date Received: 07/21/2021 City Secretary Number:_56044
Time Received: 11:32 am
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER TT
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 SSAE DEVELOPMENT, LLC, a Texas limited
liability company ('Licensee').
RECITALS
WHEREAS, Licensee is the owner of the real property located in Denton County, Texas
('Property"), being more particularly described in the attached Exhibit "A" which is
incorporated herein for all purposes; and
WHEREAS, the City owns a sanitary sewer 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 Official Records of Denton County, Texas under Clerk's File
Number 2019-2078, 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 private
storm pipe (the "Eneroachment'�. 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 Encroachment to further infringe in or on the Public Property
beyond what is specifically described in Exhibit "C."
OFFICIAL RECORD
Tier II Easement Enctnachment Agi-cement CITY SECRETARY
T:,Development Services\Encroachment A.reements\PN21-00032 -15629 Blue Mound\Drat[ FT. WORTH, TX
Contract PublicPropertyEasementEncroachmentLicenseAgreement3_filial.due
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, ulcluditig 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, within thirty (30) days following
Licensee's receipt of an invoice from City, an amount equal to such additional cost as reasonably
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, except to the extent any such damages are caused by
the gross negligence or willful misconduct of the City, its officers, agents, servants, employees,
contractors, subcontractors, licensees, elected officials, or invitees; 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, and following not less than ninety (90) days prior written notice to Licensee, 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 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, following the required
written notice provided herein, Licensee fails to timely remove the Encroachment and restore the
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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 actual 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 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 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.
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,
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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 PART BY THE ALLEGED NEGLIGENCE OF CITY
OR THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE
CITY; HOWEVER, SUCH INDEMNITY SHALL NOT APPLY TO THE SOLE OR
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY AND ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, AND INVITEES; AND
LICENSEE HEREBY ASSUMES ALL LIABILITYAND 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 ENCROACHMENT AND ANY AND ALL ACTS OR NEGLIGENCE 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 descnbed 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
written 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.
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.
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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.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive the
termination of this Agreement.
18.
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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 so long as such new owner assumes in writing and in a form reasonably acceptable to
the City all duties and obligations of Licensee hereunder. 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.
22.
Written notices under this Agreement sent to Licensee shall be sent to the following
address: SSAE Development, LLC, Attn: Matt Miller, c/o Schwob Building Company, Ltd.,
2349 Glenda Lane, Dallas, Texas 75229. All notices shall be given via hand delivery or certified
mail, return receipt requested. All written notices under this Agreement sent to City shall be sent
to City's address as shown on www.fortworthtexas.gov.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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City: Licensee:
CITY OF FORT WORTH SSAE DEVELOPMENT, LLC,
a Texas limited liability company
By:DJ Harrell(JuT 19,202114:06 CDT) By. --
D.J. Harrell, Director of the Name:
Development Services Department Title: _ I/fGlr �o�ie
Date: Jul 19,2021 Date: 5 2I 2
ATTEST: Approved As To Form and Legality
R�W�P. �OtnzACe3
Ronald P.Gonzales( u121,202108:4 CDT)
Acting City Secretary Thomas Royce Hansen
aq�4c0R Assistant City Attorney
O�000°000004 Vo�
Ordinance No. 24161-04-2020
O 0PA,6 00
0P..o $4
w0=d Contract Compliance Manager:
%�00 0o i�d By signing I acknowledge that I am the person
000
and
�4� ministration
*XASaAp of his contraresponsible ct including
clud ng enuring all performance
and reporting requirements.
Tame sca✓left Morales
Janie Scarlett Morales(Jul 7,202113:38 CDT)
Janie S.Morales
Development Services
OFFICIAL RECORD
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City: Licensee:
CITY OF FORT WORTH SSAE REVEL PMENT, LLC,
a Texas limit liability co pany
By: By:
D.J. Harrell. Director of the Name: Scott Schwob
Development Services Department Title: Manager
Date: Date: �i "Z o Z
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
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 19th_day of_may__
2021.
Digitally signed by Jennifer
Jennifer L.
L.Ezernack �pRY/'Ge JENNIFER L. EZERNACK
Ezernack Date:2021.07.191527:51 iO� Notary Public
-05'00' * * STATE OF TEXAS
e Notary I.D. 130561630
Notary Public in and for the State of Texas 9�oF� My Comm.Exp.Mar. 1,2024
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Akael e-e-t-,j tFi"c-le-soK ,
114AWArifJA- of SSAE DEVELOPMENT, LLC, a Texas limited liability
company, 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 SSAE DEVELOPMENT, LLC, a Texas limited liability
company, and in the capacity therein stated.
GIVEN UNDER MY HANI�%1AW S'EA,L OF OFFICE this ?� sir day of
R,q
2021.4 'r• Psk Y
` _:o` a • '°
ref
•
A OFAE��:
523 Notary Public in and for the 100
* +10 o4os202°�
•
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared SG017— ' 15 •
lult..� L of SSAE DEVELOPMENT, LLC, a Texas limited liability
company, 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 SSAE DEVELOPMENT, LLC, a Texas limited liability
company, and in the capacity therein stated.
GIVEN UNDER MY HANI�ZjMIr1Ia,yS'EAL OF OFFICE this 2� day of
l r► � , 2021 e`� %,,,RERq
+�
\ , o •
Notary Public in and for the :� FY...... :'b %
,*
State of Texas to �,y ,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
Description of the Licensee's Property
BEING a tract of land situated in the W.N. Sample Survey, Abstract Number 1207, Denton
County, Texas and being a portion of that certain tract of land described by deed to SSAE
Development, LLC in Document Number 2019-119419, Real Property Records, Denton County,
Texas, and being more particularly described by metes and bounds as follows;
BEGINNING in the South line of F.M. 156 (a variable width right-of-way), in the East line of
said SSAE tract and the West line of a tract of land described by deed to OLP Real Estate, Ltd.,
recorded in Instrument Number 2007-55420, said County Records;
THENCE S 00°31' 25" W, 509.31 feet, along the common line of said Wilson and OLP tracts,
to the Southeast corner of said Wilson tract and a re-entrant corner of said OLP tract;
THENCE S 890 47' 14" W, 998.82 feet along the common line of said Wilson and OLP tracts,
to the Southwest corner of said Wilson tract and the Southeast corner of a tract of land described
by deed to SSAE Development, LLC recorded in Instrument Number 2021-62892, said County
Records;
THENCE N 000 31' 01" E, 451.71 feet to the South line of said F.M. 156 and the beginning of a
non-tangent curve to the left;
THENCE along the South line of said F.M. 156 as follows:
Along said curve to the left, an arc distance of 926.54 feet, through a central angle of
22°11' 43", having a radius of 2391.83 feet, the long chord which bears N 86' 53' 21" E,
920.76 feet curve;
S 13° 49' 08" E, 9.97 feet,to the beginning of a curve to the left;
THENCE along said curve to the left, an arc distance of 80.40 feet, through a central angle of
OF55' 05", having a radius of 2401.83 feet, the long chord which bears N 74°51' 03" E, 80.40
feet to the Point of Beginning and containing 446,869 square feet or 10.303 acres of land, more
or less.
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EXHIBIT B
Depiction of the Public Property
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EXHIBIT C
Depiction and description of the Encroachment
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DESCRIPTION OF AN EASEMENT ENCROACHMENT AREA
BEING a tract of land situated in the W.N. Sample Survey, Abstract Number 1207, City of Fort
Worth, Denton County, Texas, being a portion of that tract of land described by deed to
A156 12, L.P., recorded in 2021-25980, Real Property Records, Denton County, Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at the southeast corner of said A156 42, L.P. tract (hereinafter referred to as
"subject tract") and the southwest corner of SSAE Development, LLC, recorded in Instrument
Number 2019-119419, said Real Property Records, and being in the north line of that tract of
land described by deed to the City of Fort Worth, recorded in Instrument Number 2003-181167,
said Real Property Records, from which a 1/2 inch iron rod found bears S 00°31'49"W,
0.74 feet;
THENCE S 89°47'14"W, 31.08 feet, with the south line of said subject tract and the north line
of said City of Fort Worth tract, to the POINT OF BEGINNING;
THENCE N 0003 V0I"E, 20.00 feet, departing said common line;
THENCE S 89047'14"W, 40.00 feet;
THENCE S 00031'01"W, 20.00 feet, returning to said common line, from which the southwest
corner of said subject tract bears S 89°47'14"W, 914.01 feet, from which a 5/8 inch iron rod,
with plastic cap stamped"ONSITE", found bears N 00°29'39"E, 2.28 feet;
THENCE N 89°47'14"E, 40.00 feet, with said common line, to the Point of Beginning and
containing 800 square feet or 0.018 acres of land more or less.
"Integral Parts of this Document"
1. Description
2. Exhibit
Peloton Job No. SWB20007
Ft.Worth February 17,2021
G:\JOB\SWB20007_Stonemont\MasterDev\ Sur\Exhibits\Legals\SWB20007_Ex2.docx Page 1 of 2
co "Integral parts of this document"
1 . Description
2. Exhibit
Basis of Bearing is the
Texas Coordinate System
North Central Zone 4202,
Z 0 20 40 NAD 83
0
0
v
V
g GRAPHIC SCALE IN FEET
IRF = IRON ROD FOUND
I
I
5UR\j1Y
IE 40'nst..* 2019-2078
� e
R.P.R.D.C.T. \ 2O�I A
Ins A1 SSAE
5 2021-25980 I I DeVelopment,�LC
R.P.R.D.C.T. i inst.- 2019-119419
.P,R,D•OT,
S890 47'14"W 40.00'
S00° 31'01"W N00° 31'01"E
tiC� 20.00' 800 Square Feet 20.00' �`�
.�F oo tie '�0,�9 '
1
y0` S89° 47'14''W 914.01' S89° 47'14''W s°°of
AGGKOX. 6UKVEY LINE N890 47'14"E 40.00' 31.08'
Point of
w , Z�GKULA� 5u�v�Y Beginning Point of
AaST �5� Commencing
City of Fort Worth
Inst.* 2003-181167
0
R.F.R.D.C.T.
0
N
O
N_
"Preliminary, this document shallnot be
0
o recorded for any purpose and shall not
r be used or viewed or relied upon as a
0
a final survey document" 22 TAC 663.18C
o Todd A. Bridges, RPLS 4940
C
o Date: 2/17/2021
n
EXHIBIT OF AN
Easement Encroachment Area
P E LOTO N SITUATED IN THE WM. MCCOWEN SURVEY, ABSTRACT NUMBER 999,
I I CITY OF FORT WORTH, TARRANT COUNTY, TEXAS.
LAND SOLUTIONS
8800 HILLWOOD PARKWAY,SUITE 250 JOB# SW620007 DRAWN BY: TBR CHECKED BY: TAB DATE: 02-17-21 PAGE#2 of 2
FORT WORTH,TEXAS 76M PH.#817-562-3350
G:\JOB\SWB20007—Stonemont\Moster Dev\_Sur\Exhibits\SWB20007—EX2.dgn Defoult 2/17/2021 2:02:32 PM
EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Revised 11/2020
T:,Development5ervices\Encroachment A.reements\PN21-00032 -15629 Blue Mound\Dra$
Contract PublicPropertyEasementEncroachmentLicenseAgreernent3_final.doc