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HomeMy WebLinkAboutContract 58041 Date Received: 8/31/2022 Record Number: PN21-00194 Time Received: 9:41 a.m. City Secretary No.: 58041 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER I 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 Enchanted Bay, LTD, a(n) Texas limited company ("Licensee"), acting by and through its duly authorized Vice President of Land Acquisition and Development. RECITALS WHEREAS, Licensee is the owner of the real property located at 5501 Shore Point Trail, Fort Worth, Texas 76119 ("Property"), being more particularly described in the attached Exhibit "A"which is incorporated herein for all purposes; and WHEREAS, the City owns right-of ways (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 plat records of Tarrant County as plat number FP-18- 146; 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 irrigation lines (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 OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY Page 1 of 14 PN21-00194 03/2022 FT. WORTH, TX the Encroachment to 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 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. 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 Tier II ROW Encroachment Agreement Page 2 of 14 PN21-00194 03/2022 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 Seven Hundred Dollars ($700.00). 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. Tier II ROW Encroachment Agreement Page 3 of 14 PN21-00194 03/2022 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 "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. Tier II ROW Encroachment Agreement Page 4 of 14 PN21-00194 03/2022 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. Tier II ROW Encroachment Agreement Page 5 of 14 PN21-00194 03/2022 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. 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. Tier II ROW Encroachment Agreement Page 6 of 14 PN21-00194 03/2022 21. This Agreement maybe 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 7 of 14 PN21-00194 03/2022 City: Licensee: CITY OF FORT WORTH Enchanted Bay, LTD a Texas limited company By: Camcorp Management, Inc a Texas corporation it's general partner By. DJHarrelI-Aug 23,202215.36CDT) By: D.J.Iiarrell, Director of the Name:Bob Devillier Development Services Department Title: Vice President of Land Acquisition and Development Date: Aug 23, 2022 Date: 4gTanL�II� ¢Ro o9�1¢d ATTEST: ¢� 00 oo-n aµ Approved As To Form and Legality Q44n ]RC�Aa4as'a j Gook Jan notre S.Goodall(AW g M.N22 07 23 C 1)T} Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attomey Date: Aug 26, 2022 Date: Aug 23, 2022 Contract Compliance Manager: By signing I acknowledge that I am the person responsible far the monitoring and administration of this contract,including ensuring all performance and reporting requirements. e Scarlet--vora.es 23.2Y22 i�.29 CJT1 Janie S.Morales Development Services Date: Aug 23, 2022 Tier■ROW Encroachment Agreernent OFFICIAL RECORD Page 8 of 14 PN21-00194 0312022 CITY SECRETARY 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 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 Fart Worth, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd_day of August 32022 elldy L. Digitally signed by Wendy ��RYp�e� WENDY L BEARDSLEE L 6eardslee = Notary Public * * STATE OF TEXAS Becll'dslee -05t�022.08.23 14.43:03 P Notary E.D. 13323719-3 OF Comm. Ex . July 2$ 2025 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW FncroachmentAgreenmt Page 9 of 14 PN21-00194 03/2022 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 Bob Devillier, Vice President of Land Acquisition and Development (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 Enchanted Bay, LTD, a Texas limited company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of Tier II ROW Encroachment Agreement Page 10 of 14 PN21-00194 03/2022 EXHIBIT A Legal Description of the Licensee's Property BEING A TRACT OF LAND SITUATED IN THE DAVID STRICKLAND SURVEY,ABSTRACT NUMBER 1376, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT 1 AS DESCRIBED BY DEED TO WATERVIEW ESTATES NORTH,L.P.,AS RECORDED IN INSTRUMENT NUMBER D206296685, COUNTY RECORDS, TARRANT COUNTY, TEXAS Tier II ROW Encroachment Agreement Page 11 of 14 PN21-00194 03/2022 'i•:, zrr�.,, �. a�:'r�� r-'.: _ .^y •?s'::- �'. �fit.}�S 5'.ti.-� ./•. .�}'�.,- _ _,. � ....., .. _.: _ ..fix.. t m N tl r �• - .. ..... ...- .. 1,Ti .1r-• • ...� ��.: .. ...� TrIt •"�'W3:: •4 J a":V,•^A..!•:.'i.�;.: 1, '.Y y�•:T '�' - ,'+r 1.•.-��r + .. -- i��� _T } Ire. 1,"i God' 'c� _ r( .J"j VI imp IL Wli ..�J ,.`���' �.�������.:,,.�_.fit. y.. 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SCALE: 1"=4' 0 8"WL SCH 40 PVC $ TOP=581.35 SLEEVE&2" 0 CONDUIT EXHIBIT A W 580 580 BORE1 w J w ENCHANTED BAY a 0 00 00 o l 1�1� l__il ll ti g w 0 ro w4 LnLo = soma WOO nn Weak &90 a inc awore, 0+00 phem(am 035-3""� r oam 76M-4W54*5 July 20, 2022 (o ti w F LOOP 84o..Is w �! ('PW0NTAGL� 7AtIj 11; PROPERTY LINE-1[4o ----- 0+00 D 31 — — BORE 2 INSTALL: r 1-4"SCH 40 PVC � C7 80 - a SLEEVE FOR 1" R.O.W -1RRIGA TION CONDUIT �. W c ~ T X a. B B 6'SIDEWALK( " W z a � r rn 595 595 BORE 2 T ABBREVIATIONS: w •"B-B",-BACK OF CURB TO BACK r W OF CURB DIMENSION "R-O-W RIGHT-OF-WAY FINISHED ■"ESMT.":EA SEMEN T W 590 GRADE 590 N N w w w a r R N � v 585 585 Q zo 40 an x 2r� w a 2 SCALE: 1"=44' N VERT. SCALE: 1" =4' STA. 0+05.35 `' 4",BORE WI s 8"WL SCH 40 PVC EXHIBIT B TOP=581.11 SLEEVE& 1" BORE 2 580 w CONDUIT 58D J w W� ENCHA�TE❑ Bf1Y �..� Lo ('Lo ry d w o co 00 ,yam � N � � ��a.'w be- y Fc 4 Worlh Q 0+00 sao weal 7th graqK $As soo r For!Wwlh Taxes 7002-4773 July 24, 2022 �(am 3r-9°°° Fm(sm 3M-MS rri <n N is E LOOP 820 S RZ V y�.. {FRONTAGE ROAD} i 1H0 '- —I - ii "PROPERTYLINE � U 0+00 -0+3 1 rri — BORE 3 0 80' INSTALL: R,o.W r 1-4"SCH 40 PVC ti SLEEVE FOR 1" IRRIGATION CONDUIT ti ico m z 70' 4 , W a r � k 1595 595 m BORE 3 ABBREVIATIONS: z W •"B-B":BACK OF CURB TO BACK w OF CURB DIMENSION _ ."R O W" RIGHT-OF-WAY ."ESMT.": EASEMENT w 590 590 z W `�1NISHED " ' W GRADES~~ a Tj Q s � N N ry lf7 585 M 5$5 a za 40 80 s _2 SCALE: 1"=40' STA: 0+05.34 W $„WL VERT. SCALE. 1" =4' � cv s TOP=580.94 EXHIBIT C 0 580 580 BORE S J 4"BORE W1 to SCH 40 PVC SLEEVE& 7" ENCHANTED BAY m CONDUIT o ry � p r: tr co W e� u7 LJ HM-20 Weet 7th Fai Worth 0+00 artist, SYM 3W r Far!Ww%Tsmw 76W-4773 v¢�i July za 7022 F °"" a(arA 33&-sow Fax(M 335-IN5 E LOOP 820 S (FRONTAGE ROAD} PROPERTY LINE-ff-[0 777�4 - Lu 0+00 7 r 0--23 04 BORE 4 �B-B Lfo-- 4.. INSTALL- 80, 9 1-4"SCH 40 PVC R.O.W. r SLEEVE FOR I" IRRIGATION CONDUIT -6'SIDEWALK ti co 0 LU cr 0 Z 595 BORE 4 ABBREVIATIONS: w ■ "B-B".,BACK OF CURB TO BACK OF CURB DIMENSION •"R.0.W. RIGHT-OF-WA Y "ESMT EA SEMEN T z 590 590 LU w (5 td LFINISHED GRADE 585 585 0 20 40 80 x q 4"BORE W1 SCALE: 1 40' SCH. PVC . VE RT- SCALE, 1 4' & ; SLEEVE CONDUIT EXHIBIT D 580 580 BORE 4 LU ENCHANTED BAY Icao LO C- \1 0 6 L6 C, LU 00 00 HUrff-Z7 ry OLLARS - LO LO Hult-Zo"hf-1 Fort Worth 0+00 500 Wed 7m areA suits 300 Fort W*ft Tam 76*2-4M mwoo(sm 335-3" ftx mm IM-ms July 20, 2022 '�- cn 12' _i 0+00-0+1 6 \�J R.O.W. cn W l TREE TRUNK LANE lml------------------------------ --- --------- -------- - BORE5 � Js 0 INSTALL:Lij LU .4 — 7-4"SCH 40 PVC SLEEVE FOR 2" Q.- 8 — - IRRIGATION CONDUIT rZn 575 575 r BaF2F 5 ABBREVIATIONS: uj o"B-B":BACK OF CURB TO BACK W OF CURB DIMENSION T •"R.O.W.":RIGHT-OF-WAY v o"ESMT":EASEMENT U 570 570 2 FINISHED LU GRADE 1 b J N 0 a 565 565 0 20 40 80 x w O 00� SCALE: Tp-40' 0 VERT. SCALE: 1" =4' T4p'BORE WI EXHIBIT E SCH 40 PVC 560 SLEEVE& 2" 560 BARE 5 w L-- CONDUIT w W ENCHANTED BAY 0 ca N Uj `� ❑ [~per ro Lo Ln w-zows,mo. w F Fat Worth U ❑ OW Wan 7t Street &ft X0+Q0 Fort WOM Taxes M02-4M N July 20, 2022 Ph"form 3W-W o Fax tam a35-to2s ---- ----- = -------------. .. TREE TRUNK LANE o F 9 2' ems'` 0+00 0+16 BORE 6 :S INSTALL: 7 4"SCH 40 PVC SLEEVE FOR 7Za" IRRIGATION CONDUIT 575 575 BORE 6 x w z FINISHED o GRADE—\,:, U 1 570 570 v F z ABBRE VIA TIONS: w •"B-B":SACK OF CURB TO BACK i- OF CURB DIMENSION `h •"R.O.W. RIGHT-OF-WAY o •"ESMT. EASEMENT 0 W 565 00% 565 z w 4"BORE w� 4 SCF140 PVC SLEEVE& 9�" CONDUIT aj 560 00 560 Q 20 40 sQ x S i SCALE: 1"=40' w VERT. SCALE: 1" =4' 0 EXHIBIT F BORE 6 555 555 L-- --1 ii LU ENCHANTED BAY STA: d*13 s W o EX. 36" SS LINE FL= 552.83 W Ln LO " tt-zc4w%b= y Fort Worth c 0+00 Fort Worn T"u 7e�47M July 20, 2QZ2 r0rW � F•76MM�00 EXHIBIT D Certificate of Insurance Tier II ROW Encroachment Agreement Page 14 of 14 PN21-00194 03/2022