HomeMy WebLinkAboutContract 56540 Date Received: 10/27/2021 Permit Number: PN21-00110
Time Received: 1:49 pm City Secretary No.: 56540
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER fi
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 MANTCARE HOLDINGS LLC,
a Texas limited liability company ("Licensee"), acting by and through its duly authorized
managing member.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1023 Lipscomb
Street, Fort Worth, Texas 76104 ("Property"), being more particularly described in the
attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a ROW (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 deed records of Tarrant County Volume 33 on Page 281;
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 tee 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 stoop, steps and canopy (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 Encroachment to
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PN21-00110 CITY SECRETARY
FT.WORTH, TX
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 corninence 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 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
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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 Seven Hundred Dollars ($700.00). 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.
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.
S.
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,
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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
S1,000,000
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.
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
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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 respondent 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.
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1 S.
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]
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City: Licensee:
CITY OF FORT WORTH MANTCARE HOLDINGS LLC
AvT limited Liability Company
By: DJDJHa202109:11CDT ]3J
D.J. Harrell, Director of the Name: Subrahmanya Siripurapu
Development Services Department Title: Managing Member
Date: Oct 21,2021 Date: (�l.blA
r o f FORT4(
y 00000000
O
o o0 Approved As To Form and Legality
0
ATTEST: �vS 0
000 0000�0�
nEX0-
Thomas Royce Hansen
Ronald P. Gonzales, Acting Assistant City Attorney
City Secretary Ordinance No. 24161-04-2020
Date: Oct 26,2021 Date: Oct 20,2021
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.
�LIG lv�obe�t�o�r b284G��Evelyn Ro uts on behalf of(Oct 20,2021 16:31 CD
Janie S. Morales
Development Services
Date: Oct 20,2021
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 21 st day of
October 20 21
�pRYP(� WENDY L BEARDSLEE
Wendy L Digitally signed by Wendy 2 Notary Public
Beardslee • ♦ STATE OF TEXAS
Beardslee Date:2021.10.22 09:18:35-05'00' P Notary I.D.13323719-3
9'FoF Notary Public in and for the State of Texas My Comm.Exp.July 28,2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
Tier 11 ROW Encroachment Agreement FT.WORTH, TX
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PN21-00110 Revised 11/2020
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 Subrahmanya Siripurapu, Managing
Member(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 Mantcare Holdings LLC, a limited
liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 L day of
20 .
PAUL BERBER,JR.
NotaryPublic in and for the ;; -.1 MY Notary ID#131270140
4r, Eres 88ptember 8,2025
State o
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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EXHIBIT A
Description of the Licensee's Property
Tier 11 ROW Encroachment Agreement
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EXHIBIT B
Depiction of the Public Property
Tier 11 ROW Encroachment Agreement
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M Registered Professional Land Surveyors
102 W.Trammell St.• Fort Worth,Texas 76140• (817)293-568,t -
No. 39773.GCD
Lot A10. Park Subdivision.Block 4 of Field-Welch Add:- D / 378
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Volume 33. Page 281 I' - 25.
P L A T S H O W I N G
Survey of Lots All and Al2, PARK SUBDIVISION of Block 4,
FIELD-WELCH ADDITION to the City of Fort Worth, Tarrant
County, Texas, according to the plat recorded in Volume
33, Page 281, Plat Records, Tarrant County, Texas.
Commonly known as 1019 & 1023 Lipscomb Street
NOTE:
According to the Firm Flood Insurance Rate Map, Community
Panel Number 480596 0405 H, dated 08/02/95, this Lot does
not lie in a. 100 year flood plain.
This is to certifv that I have surveved
the above described property and tins -�
the buildings wholly within the bounds '
of said property, and no encroachments a�N"U1S7r, p
thereon, except as shown.
MCGt HART
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EXHIBIT C
Depiction and description of the Encroachment
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EXHIBIT D
Certificate of Insurance
Tier 11 ROW Encroachment Agreement
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PN21-00110 Revised 11/2020