HomeMy WebLinkAboutContract 58076 Date Received: 09/08/2022 Record Number: PN22-00089
Time Received: 10:21 am City Secretary No.: 58076
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 Marc Epstein and Bonnie
Epstein, ("Licensee'),acting by and through its Property Owners.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 601 Rivercrest
Drive, Fort Worth, Texas 76107 ("Property"), being more particularly described in the
attached Exhibit "A"which is incorporated herein for all purposes; and
WHEREAS, the City owns a right-of-way (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 Volume 204-A, page 163, Tarrant County;
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 generator pad (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 Fncroachment Agreement CITY SECRETARY
PN22-00089 FT. WORTH, TX
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 15
PN22-00089 Revised 3/23/2022
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 alien 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. The City agrees to not unreasonably withhold or
delay its approval and signature to a request from the then owner of the Property at the
end of the term to enter into a new agreement on substantially similar terms and
conditions as the within this agreement. 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.
Tier II ROW Encroachment Agreement Page 3 of 15
PN22-00089 Revised 3/23/2022
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
Tier II ROW Encroachment Agreement Page 4 of 15
PN22-00089 Revised 3/23/2022
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.
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 15
PN22-00089 Revised 3/23/2022
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, which
shall not be unreasonably withheld. Any attempted assignment without such written
approval from the City 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 15
PN22-00089 Revised 3/23/2022
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 15
PN22-00089 Revised 3/23/2022
City: Licensee:
CITY OF FORT WORTH PROPERTY OWNERS
By:DJ Harrell(Sep7,2022 08:56 Cl By:
D.J. Harrell, Director of the Name:Marc Epstein
Development Services Department Title: Pr rty Owner
Date: Sep 7, 2022 Date: I�L/
By &M23� -1 . -
Name:Bonnie Epstein
Title: Pro rty Oymer
Date: }�
ATTEST: Approved As To Form and Legality
�7i-WA t2 S (50MaGG
.annetteS.Goodall(Sep8,202209:12CDT)
Janette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Sep 8, 2022
Date: Aug 26, 2022
4 rr OR)
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Avg o=d Contract Compliance Manager:
0000
0 �*�d By sign6g I acknowledge that I am the person
�a °°°°°°°°°°°°° a responsible for the monitoring and administration
a���EXpSga� of this contract,including ensuring all performance
and reporting requirements.
We Scarlett Morales(Aug 29,2022 08:37 CDT)
Janie S.Morales
Development Services
Date: Aug 29, 2022
OFFICIAL RECORD
CITY SECRETARY
Tier U ROW Encroachment Agreement FT. WORTH, TX
PN22-00089 Revise
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 subscnbed 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 7th day of
September
20 22
WendL, Digitally signed by
y Wendy L.Beardslee
Beardslee Date:1022.09.0716:34:46
-05'00' SPRY p WENDY L BEARDSLEE
Notary Public in and for the State of Texas z° �� Notary Public
* * STATE OF TEXAS
Notary of��+� My Comm.I D p1.3 July 28, 2D25
3719-3
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
Tier II ROW Encroachment Agreement FT. WORTH, TX
PN22-00089viseammun-
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
TeX05 , on this day personally appeared Marc Epstein, 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 in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this G&day of 0 _
20oU
oq►" ' CATHY D GALLARDO
+ Notary ID#7683802
My Commission Expires
Notary kuu'
b �c in and for the iity 23, 2024
State of � J
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
_rOG , on this day personally appeared Bonnie Epstein, 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 in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this CX_4� day of
2
Notary ubli m and for the *"Y r�4 CATHY D GALLARDO
+�� Notary ID#7683802
s, My Commission Expires
State of. [. , _ '��, viy 23,2024
OFFICIAL RECORD
Tier II ROW Encroachment Agreement CITY SECRETARY
PN22-00089
FT. WORTH, TX
EXHIBIT A
Legal Description of the Licensee's
Prope rty
North 30 Feet of Lot 12 and the South 45 Feet of Lot 13,Block 61, River Crest, an Addition
to the City of Fort Worth, Tarrant County,Texas, according to the Map Thereof Recorded in
Volume 204-A, Page 163, Map Records , Tarrant County, Texas
Tier II ROW Encroachment Agreement Page 12 of 15
PN22-00089 Revised 121"2022
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OWNER: b! PELOTON
LOCATION MAP - ..�...�...�oµ,
MARC EPSTEIN 600 W 6TH ST,SUITE 175
NOT TO SCALE 601 RIVERCREST DR 601 RIVE RCREST DR. FORT WORTH,TX 76102
DATE:6/21/2022 FORT WORTH,TX 76107 PHONE:817-562-3350
EXHIBIT B
Depiction of the Public Property
Tier II ROW Fncroachment Agreement Page 13 of 15
PN22-00089 Revised 123,2022
MAP OF A
REVISION OF p
BLOCK 61 RIVER CREST o
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EXHIBIT C
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 14 of 15
PN22-00089 Revised 121,2022
W 5TH ST
601 RIVERCREST DR
MARC EPSTIEN W
RIVERCREST ADDITION w
BLOCK 61,LOT 12A&13B
0 0
PROP.GENERATOR PAD
ROW ENCROACHMENT 1.1. THE CONTRACTOR WILL CHECK TREES IN THE CONTRACT AREA BEFORE CONTRACT WORK BEGINS,ANY
LOCATION DAMAGE WILL BE NOTED AND REPORTED TO THE CONTRACT ADMINISTRATOR.
1.2. THE CONTRACT ADMINISTRATOR WILL CONDUCT RANDOM CHECKS OF THE TREES DURING THE CONTRACT
PERIOD.
1.3. A CHECK OF ALL TREES MAY BE MADE AT THE END OF THE CONTRACT PERIOD.CITY FORESTER,CONTRACT
ADMINISTRATOR,AND CONTRACTOR WILL ATTEND THE INSPECTION.
1.4. DAMAGES SHALL BE DOCUMENTED BY MEMO TO THE CITY FORESTER WITH COPY TO CONTRACT FILE AND
THE CONTRACTOR.
1.5. CONTRACTOR MAY HAVE THE OPTION OF REPLACEMENT OR PAYMENT FOR SEVERELY DAMAGED TREES AT A
I LOCATION TO BE DESIGNATED BY PARD.REPLACEMENT SHALL BE MADE ON A CALIPER INCH PER CALIPER INCH
BASIS WITH A MINIMUM SIZE OF REPLACEMENT TREE OF 2"IN CALIPER FOR TREES DAMAGED OR REMOVED WHICH
ARE LESS THAN 30"DBH AND 2"PER INCH FOR TREES WHICH ARE 30"DBH OR GREATER.THE CONTRACTOR SHALL
BE RESPONSIBLE FOR THE PLANTING,WATERING,MULCHING AND MAINTENANCE OF REPLACEMENT TREES FOR A
PERIOD OF NOT LESS THAN 2 YEARS.ANY TREE THAT DOES NOT SURVIVE THE 2 YEAR ESTABLISHMENT PERIOD
SHALL BE COMPENSATED FOR BY THE CONTRACTOR TO PARD TREE FUND AT A RATE OF$200 PER CALIPER INCH.
1.6. SLIGHT DAMAGE SHALL BE DEFINED,IN THE OPINION OF THE CITY FORESTER,AS DAMAGE THAT MAY
HEAL.EXAMPLES INCLUDE BUT ARE NOT LIMITED TO:SCARING OF THE TRUNK INTO THE CAMBIAL LAYER/2'TO 2"IN
WIDTH,BUT LESS THAN 1/3 TRUNK CIRCUMFERENCE;OR BREAKING OF LIMBS LESS THAN 2"IN DIAMETER OR LIMBS
LESS THAN 1/3 TRUNK CALIPER,WHICHEVER IS LESS.SLIGHT DAMAGE SHALL ALSO INCLUDE:REMOVAL OR LAYING
DOWN OF PROTECTIVE TREE FENCING PRIOR TO END OF CONSTRUCTION;STORING EQUIPMENT OR SUPPLIES
WITHIN THE CRITICAL ROOT ZONE(CRZ);OR DISPOSING OF PAINT OR CONCRETE WITHIN THE CRZ,BUT NOT
CLOSER TO THE TRUNK THAN 50%RADIUS OF THE CRZ.SLIGHT DAMAGE TO TREES SHALL BE ASSESSED AT A RATE
OF$100.00 FOR EACH INSTANCE.EACH DAY TREE FENCING IS NOT PROPERLY PLACED,EQUIPMENT OR SUPPLIES
ARE STORED WITHIN CRZ,OR FILL IS STORED WITHIN THE CRZ SHALL BE CONSIDERED ONE INSTANCE.
1.7. MODERATE DAMAGE SHALL BE DEFINED,IN THE OPINION OF THE CITY FORESTER,AS DAMAGE THAT
CONTRIBUTES TO THE POOR HEALTH AND REDUCED LONGEVITY OF THE TREE.EXAMPLES INCLUDE,BUT ARE NOT
LIMITED TO:SCARING OF THE TRUNK INTO THE CAMBIAL LAYER GREATER THAN 2",BUT LESS THAN 1/3 THE TRUNK
CIRCUMFERENCE,OR BREAKING OF LIMBS MORE THAN 2"IN DIAMETER,BUT LESS THAN 1/3 TRUNK
CALIPER.MODERATE DAMAGE SHALL ALSO INCLUDE:COMPACTION OF SOIL;GRADING OR FILLING IN 20%OF THE
CRZ ON 1 OF 4 SIDES,BUT OUTSIDE THE 50%RADIUS OF THE CRZ;OR DISPOSING OF PAINT OR CONCRETE WITHIN
50%RADIUS OF THE CRZ.MODERATE DAMAGES SHALL BE CALCULATED AT A RATE OF Y THE ASSESSED VALUE OF
THE TREE PER EACH INSTANCE OF DAMAGE.
1.8. SEVERE DAMAGE OR REMOVAL OF TREES IS SUBJECT TO PENALTY OF$200 PER DIAMETER INCH OF TREES
REMOVED OR DAMAGED FOR TREES LESS THAN 30"DBH OR$400 PER DIAMETER INCH FOR TREES 30"DBH OR
GREATER.SEVERE DAMAGE OR REMOVAL SHALL INCLUDE,BUT IS NOT LIMITED TO:SCARING OF THE TRUNK TO THE
CAMBIAL LAYER GREATER THAN 1/3 THE TRUNK CIRCUMFERENCE;UPROOTING OR CAUSING A TREE TO LEAN;OR
DAMAGE TO A SCAFFOLDING BRANCH OR ANY BRANCH GREATER THAN 1/3 OF TRUNK CALIPER.SEVERE DAMAGE
SHALL ALSO INCLUDE:COMPACTION OF SOIL,GRADING OR FILLING MORE THAN 20%OF THE CRZ,OR
WITHIN 50%RADIUS OF THE CRZ,OR ON MORE THAN ONE OF 4 SIDES.CUTTING 1/3 OF THE BUTTRESS ROOTS
WITHIN 3 TIMES THE DISTANCE OF THE DBH OF THE TRUNK,OR CUTTING 4 ROOTS 4"OR GREATER IN DIAMETER
WITHIN 4'OF THE TRUNK SHALL ALSO BE CONSIDERED SEVERE DAMAGE.
1.9. BRANCHES SHALL BE MEASURED AT THE POINT OF ATTACHMENT OR AT THE LATERAL TO WHICH THE
BRANCH WOULD BE PRUNED BACK TO ACCORDING TO ANSI STANDARDS.TREES CALIPER SHALL BE MEASURED
ACCORDING TO ACCEPTED INDUSTRY STANDARDS.TREES GREATER THAN 6"IN CALIPER SHALL BE MEASURED
USING DIAMETER AT BREAST HEIGHT(DBH).TREES THAT MUST BE REMOVED DUE TO DAMAGE CAUSED BY THE
CONTRACTOR SHALL BE REMOVED BY THE FORESTRY SECTION'S TREE REMOVAL CONTRACTOR AT THE
CONTRACTOR'S EXPENSE.
1.10. ALL DAMAGES SHALL BE PAID TO THE CITY TREE FUND.FAILURE TO REPLACE OR PAY FOR DAMAGED TREES
SHALL RESULT IN A BREACH OF CONTRACT AND THE CONTRACTOR WILL BE AUTOMATICALLY ASSESSED DAMAGES.
DAMAGES AS DESCRIBED HEREIN SHALL BE DEDUCTED FROM PAYMENTS OTHERWISE DUE TO THE CONTRACTOR.
1.11. INFORMATIONAL ITEM AND CONTACT:CHAPTER 33 OF THE CITY CODE GIVES THE CITY FORESTER,WHO IS
BASED OUT OF THE PARK&RECREATION DEPARTMENT,JURISDICTION OVER ALL CITY-OWNED TREES,WHICH
INCLUDES THE STREET ROW AND CITY PARKLAND.OUR PLANTING,PRUNING AND REMOVAL PERMIT PROCESS IS
HANDLED SEPARATELY FROM THAT OF URBAN FORESTRY AND IS IN ADDITION TO ANY URBAN DESIGN DISTRICT
REQUIREMENTS/PROCESSES,WHICH ARE PART OF THE ZONING ORDINANCE AND ARE REVIEWED BY PLANS
EXAMINERS IN THE DEVELOPMENT SERVICES DEPARTMENT FOR COMPLIANCE WITH THE ZONING REQUIREMENTS.
CONTACT:CITYTREEPERMITS@FORTWORTHTEXAS.GOV(EMAIL)OR 817-392-5729(PHONE)OR 817-392-5739(PHONE).
ENCROACHMENT OWNER: ! PELOTON
LOCATION EXHIBIT Will- I-.
NORTH MARC EPSTEIN 600 W 6TH ST,SUITE 175
SCALE:1"-20' 601 RIVERCREST DR 601 RIVERCREST DR. FORT WORTH,TX76102
DATE:8l3/2022
FORT WORTH,TX 76107 PHONE:817-562-3350
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GRAPHIC SCALE IN FEET
"Integral ports of this document"
1. Exhibit
Lot 14 Q�
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Lot13 ...................................
1.5' L2
Block 61 20 sq.ft —" ® Ll 15Q L3
Vol . 204-A 0
Pg. 163 �22 /.0' l°5
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s "Preliminary, this document shall not be
Q recorded for any purpose and shallnot
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Lot 12 Todd A. Bridges, RPLS 4940
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Date: 8/1/2022
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Exhibit of a
____= Right-of-Way Encroachment Area
£1 P E LOTO N Situated in the I. Schoonover Survey, Abstract Number 1403, City of Fort Worth,
Il-01 LAND SOLUTIONS Tarrant County, Texas.
D800 PARKWAY,SUITE 250 JOB#TPG22001 DRAWN BY:SP CHECKED BY:TB DATE:06/20/2022 PAGE#1 of 1
FORT WORTH,
TEXA TEXAS 76177 PH.#817-562.335D
G\JOB\TPG22001_River cresl\2_Srvy\Exhib\EX1.dgn SMODELNAMES B/1/2022 3:07:07 PM
EXHIBIT D
Certificate of Insurance
Tier H ROW Encroachment Agreement Page 15 of 15
PN22-00089 Revised 1212022