HomeMy WebLinkAboutContract 58590 Date Received: 12/15/2022 Record Number: PN22-00092
Time Received:8:07 a.m. City Secretary No.:58590
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
This TEMPORARY ENCROACHMENT AGREEMENT FOR USE OF
PUBLIC PROPERTY ("Agreement") is made and entered into by and between the City
of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting
herein by and through its duly authorized Building Official, and Alsco, Inc., a Nevada
corporation ("Grantee" or "Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as 3200
Yuma Street, Fort Worth, Texas 76119 and incorporated herein for all purposes and
recorded as Document No. D209262991 in the Deed Records of Tarrant County, Texas
("Property"), being more particularly described in the attached Exhibit"A"; and
WHEREAS, the City owns a sewer facility within a utility easement recorded in
the plat records of Tarrant County, Texas by instrument number 30539 and recorded in
the plat records as a re-plat of Tarrant County, Texas by instrument Number (the "Public
Property") that runs through the Property as shown in the attached Exhibit `B,"
which is incorporated herein for all purposes; and
WHEREAS, Licensee desires to demolish a structure which is currently
encroaching in, on, and above the Public Property; and
r
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:
OFFICIAL RECORD
WITNESSETH: CITY SECRETARY
FT.WORTH,TX
1.
For and in consideration of the payment by Grantee of the charges set out below
and the true and faithful performance of mutual covenants herein contained, City hereby
grants to Grantee permission to temporarily encroach upon, use and occupy a portion of
the space under, on and/or above the Public Property for the demolition of the building
which is currently encroaching upon the Public Property. The location and description of
TEMPORARY ENCROACHMENT AGREEMENT Page 1 of 11
FOR USE OF PUBLIC PROPERTY
said encroachment is more particularly described in Exhibit `B" attached hereto,
incorporated herein and made a part hereof for all purposes.Licensee shall not commence
construction or demolition of the encroachment nor make any use of the Public Property
until after the execution of this Agreement.
2.
All use and occupancy of the Public Property under this Agreement shall be in
strict compliance with the Charter, Ordinances and Codes of the City of Fort Worth and
in accordance with the directions of the Building Official and the Director of
Transportation and Public Works of the City.
3.
Upon expiration of this Agreement and the privileges granted hereunder, there
shall be no encroachment by Grantee in, under, on or above the surface of the public
utility easement, including, but not limited to trees, markings, curbs, gates, fences, or any
other improvements.
4.
Grantee agrees to pay an encroachment fee for the temporary privilege of
encroaching upon the utility easement throughout the demolition process in the amount of
$406.50. Said fee is calculated in the manner and amount prescribed by the Building
Code of the City of Fort Worth for temporary use or occupancy of public property.
5.
Grantee, at no expense to the City, shall make proper provision for the relocation
and/or installation of any existing or future traffic control devises or other improvements,
including the Public Property, affected by such encroachment, use and occupancy,
including the securing of approval and consent from the appropriate 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 improvement owned or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the existence of
such encroachment and use, Grantee shall pay to City an additional amount equal to such
additional cost as determined by the City.Additionally, in the event that the demolition of
the building on the Property in anyway damages or affects the Public Property, Licensee
shall be responsible for all costs to repair or replace the Public Property in its entirety.
6.
The term of this Agreement shall commence on the date this Agreement is
executed by City and terminate upon the demolition of the Encroachment and inspection
by the City as to the condition of the Public Property in accordance with Exhibit "C"
from dated and titled "Demolition Sequence for Alsco Building."
TEMPORARY ENCROACHMENT AGREEMENT Page 2 of 11
FOR USE OF PUBLIC PROPERTY
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, 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.
7.
It is expressly understood and agreed that this Agreement is for a temporary
encroachment in, under, over and upon the Public Property located and described in
Exhibit "B" for the specific purpose of demolishing a building currently encroaching on
the Public Property. This Agreement shall not be construed as granting a permanent
easement, encroachment or license upon City's public streets, alleys, sidewalks, or other
rights-of-way,nor shall this Agreement be construed as vacating the Public Property.
8.
City, through its duly authorized representatives, shall have the full and
unrestricted right to enter upon the Public Property at any time, for any purpose,
including making inspections to determine compliance with the terms, covenants and
conditions of this Agreement. In the event that any inspection should reveal a breach of
any terms, covenants or conditions herein, City shall give Grantee notice of such breach.
Should such breach not be corrected by Grantee within twenty-four (24) hours of receipt
of the notice, or within such shorter period of time as deemed necessary by the Building
Official for the protection of public health or safety, City may terminate and cancel this
Agreement.
9.
Upon expiration or termination of this Agreement for any reason whatsoever,
Grantee shall, at no expense to City, restore the utility easement to a condition acceptable
to the Director of Transportation and Public Works or his duly authorized representative
and in accordance with then existing City specifications, and Grantee shall remove all
barricades, equipment, supplies, materials or other property from said location. Grantee
further covenants and agrees that for a period of one (1) year after the termination of this
Agreement, Grantee will repair all conditions or damages to the utility easement that have
resulted from Grantee's use or occupancy of the utility easement, as determined by the
Director of Transportation and Public Works or his designee. Grantee agrees to begin
such repairs within thirty (30) days of receipt of notice from the Director of
Transportation and Public Works or his designee. All repairs shall be performed in an
expeditious and workmanlike manner and shall comply with all applicable laws, code,
ordinances and City specifications.
In the event that Grantee fails to comply with the covenants herein contained
with respect to such removal or restoration, the City shall have the right to remove or
TEMPORARY ENCROACHMENT AGREEMENT Page 3 of l l
FOR USE OF PUBLIC PROPERTY
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, OF WHATSOEVER KIND OR CHARACTER,
INCLUDING DEATH, TO ANY AND ALL PERSONS, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR
LOCATION OF SAID ENCROACHMENT AND USES GRANTED
HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR
INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES,FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE
ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY
CITY FOR ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT
OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF
GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR
TRESPASSERS.
15.
Grantee 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 the
utility easement as located and described in Exhibit"B". The amounts of such insurance
shall not be less that the following:
Property damage,per occurrence $100,000.00
Bodily injury,per person $250,000.00
Bodily injury or death, per occurrence $500,000.00
With the understanding of and agreement by Grantee that such insurance amounts
shall be revised upward at City's option and that Grantee shall so revise such amount
immediately following notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be cancelled or amended without at least thirty(30) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached hereto as Exhibit "D" and incorporated herein by
reference.
Grantee agrees, binds and obligates itself, 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 all encroachments and the restoration of the utility
easement. All insurance coverage required herein shall include coverage of all Grantee's
contractors.
TEMPORARY ENCROACHMENT AGREEMENT Page 5 of 11
FOR USE OF PUBLIC PROPERTY
16.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without prior written approval of City, and any
attempted assignment without such prior written approval shall be void.
17.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
18.
Should any action, whether real or asserted, at law or in equity, arise out of the
terms and conditions of this Agreement or out of the use and occupancy of the Public
Property as permitted hereunder,venue for said action shall be in Tarrant County, Texas.
19.
In any action brought by City for the enforcement of the obligations of Grantee,
City shall be entitled to recover interested and reasonable attorney's fees.
TEMPORARY ENCROACHMENT AGREEMENT Page 6 of 11
FOR USE OF PUBLIC PROPERTY
1
EXECUTED this 16th day of December 20 22
GRANTOR: GRANTEE
City of Fort Worth Alsco,Inc
a Nevada corporation j
By By: 2zku
Allison Gray,Assistant Development Name:
Services Direator/BuildiugOfficial Tittle;
Dec14 2022
Date: 1Date:��d�,r,l1�-
APPROVED TO FORM AND LEGALITY:
Thomas R.Hansen
Assistant City'Attorney
No M&C Required Dec 9,2022
Form 1295:N/A
�7�1�12tt2 cl C7000t��
Jan nette S.Goodall(Dec 15,2022 08:07 CST)
Jannette Goodall
City Secretary
Date: Dec 15,2022 Contract Compliance Manager:
� By signing I acknowledge that I am the
Aar F OR T �� person responsible for the monitoring and
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'V o 0° 0000� administration of this contract,including
9. ° o��� ensuring all performance and reporting
P 0 °_ requirements.
00 0
��� o o �d
p Rebecca Diane Owen(Dec 9,202215:5G CST)
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00
j, °Ooo°oo ICY
SEX Asap Rebecca Owen
Development Services
Date: Dec 9,2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
TEMPORARY ENCROACHMENT AGREEMENT Page 7 of 11
FOR USE OF PUBLIC PROPERTY
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 Allison Gray, 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 14th day of
December 2022
Wendy L. Digitally signed by
Wendy L.Beardslee
Beardslee Date:2022.12.14 �P�YP e WENDY L BEARDSLEE
16:44:31 -06'00' z �� Notary Public
Notary Public in and for the State of Texas ,r STATE OF TEXAS
Notary I.Q. 13323719-3
My Comm. Exp. July 28, 2025
TEMPORARY ENCROACHMENT AGREEMENT Page 8 of 11
FOR USE OF PUBLIC PROPERTY
STATE OF T-R�
COUNTY OF TA 1.`f Z,4
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
ems, on this day personally appears
known to me to be the person whose name is subscribed to t e foregoing instrument, and
acknowledge to me that he/she executed the same for the purposes and consideration
therein express, as the act and deed of&1 C � C-- and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisay of
20
Affiant
Title
Notary Public in and for
The State of T
0#% P�
ELiSSA NANS
NOTARY PUBLIC-STATE OF UTAN+ My Comm.Up. IT/05/2025
Commission if 721350
TEMPORARY ENCROACHMENT AGREEMENT Page 9 of 11
FOR USE OF PUBLIC PROPERTY
EXHIBIT A
Property Legal Description
LOTS 1 AND 2,BERRY INDUSTRIAL PARK,AN ADDITION TO THE CITY OF
FORT WORTH,TARRANT COUNTY,TEXAS,ACCORDING TO MAP OR
PLAT THEREOF RECORDED IN VOLUME 388-43,PAGE(S) 12, OF THE PLAT
RECORDS OF TARRANT COUNTY, TEXAS.
TEMPORARY ENCROACHMENT AGREEMENT Page 10 of 11
FOR USE OF PUBLIC PROPERTY
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TEMPORARY ENCROACHMENT AGREEMENT Page 11 of 13
FOR USE OF PUBLIC PROPERTY
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TEMPORARY ENCROACHMENT AGREEMENT Page 12 of 13
FOR USE OF PUBLIC PROPERTY
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L - R SURVEYING, LLC OBNO EXHIBIT A
TBPS No. 10194623 DATE:
JUNE 27,2022 50 FOOT STORM DRAIN EASEMENT
SCALE ENCROACHMENT
(817)354-1445 1"=80,
o P.O.BOX 2415 (817)798-4039 CELL
GRANDBURY,TEXAS 76048 surveygroup@att.net DRAM BY:
GEC SHEET NO.1 OF 2
15' UTILITY EASEMENT ENCROACHMENT
METES AND BOUNDS DESCRIPTION
0.568 ACRE
bEING a 0.568 acre tract of land out of the George w. Hartzog Survey Abstract No.697 in the City of Fort Worth, Tarrant County
Texas, being all of that certain Lot 1 and Lot 2, Berry Industrial Park, an addition to the City of Fort Worth, according to the plat
thereof recorded in Volume 388-43, Page 12, Plat Records, Tarrant County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found for corner, said point being at the southwest corner of Lot 2, Block A, S&B Technical
Products Addition, an addition to the City of Fort Worth, according to the plat thereof recorded in Document No. D217261976,
Official Public Records,Tarrant County, Texas, same being the northwest corner of said Lot 2, Block 3, Jim Ellis Industrial Park
Addition,
THENCE North 00 deg.34 min.04 sec.West, along the common west line of said Lot 2, Block 3, Jim Ellis Addition acre tract and
said east line of Lot 2, Block A, S&B Technical Products Addition, a distance of 223.67 feet to a 5/8 inch iron rod found for corner;
THENCE North 00 deg. 31 min. 37 sec.West, continuing along the common line of Lot 2 and said Lot 2, Block A, S&B Technical
Products Addition, a distance of 271.43 feet to to a 1/2 inch iron rod found for the northwest corner of said Lot 2, Block 3 Jim Ellis
Industrial Addition.
THENCE N 89°38'36" E, departing said common west line along the north line of said LOT 2, Block 3, Jim Ellis Industrial Addition
a distance of 50.00 feet to a point for corner in the east line of a 50 foot Storm Drain Easement as recorded in volume 388-43 at
page 12 in the Official Property Records of Tarrant County, Texas.
Thence S 00°31'37" E, along said 50 foot Storm Drain Easement a distance of 271.26 feet to a point for corner;
Thence S 00°34'40"E, along said 50 foot'Storm Drain easement a distance of 223.65 feet to a point for corner in the said south of
Lot 2, Block 3 ;
THENCE S 89°25'56" E, Along said south line of the 50 foot' storm drain easement and the south line of said Lot 2, Block 3, a
distance of 50.00 feet to the POINT OF BEGINNING and containing 24,750 square feet or 0.568 acres of computed land.
L - R SURVEYING, LLC JOB NO EXHIBIT A
TBPS No. 10194623 DATE:
- JuNE 27,2022 50 FOOT STORM DRAIN EASEMENT
SCALE ENCROACHMENT
- (817)354-1445
o P.O.BOX 2415 (817)798-4039 CELL
GRANDBURY.TEXAS 76048 surveygroup@att.net DRAWN 6Y:
GEC SHEET NO.2 OF 2
EXHIBIT D
Certificate of Insurance
TEMPORARY ENCROACHMENT AGREEMENT Page 13 of 13
FOR USE OF PUBLIC PROPERTY
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