HomeMy WebLinkAboutContract 59011Date Received: 3/8/2023
Time Received: 4:38 p.m.
Record Number: PN22-00206
City Secretary No.: 59011
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
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 Cook Children's Healthcare
System, a(n) Texas non-profit corporation ("Licensee"), acting by and through its duly
authorized Director.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 200 South
Adams Street, Fort Worth, Texas 76104("Property"), as recorded in the Deed Records,
by Instrument Number D214110239, in Tarrant County, Texas, being more particularly
described in the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns or has an interest in a public utility easement, the City
owns a pedestrian and 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 plat records of Tarrant County as plat number FS-15-
085; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; 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
OFFICIAL RECORD
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Revised 11/2020
FT. WORTH, TX
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 wrought iron fence (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 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. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "W" Licensee agrees that it shall secure the approval and
consent of all other 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.
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J
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 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 Nine Hundred Dollars ($900.00).
i�
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
Tier II Easement Encroachment Agreement Page 3 of 13
Revised 11/2020
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, 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 "E" 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 Easement Encroachment Agreement Page 4 of 13
Revised 11/2020
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.
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Revised 11/2020
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.
assigns.
20.
This Agreement shall be binding upon the parties hereto and their successors and
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]
Tier 11 Easement Encroachment Agreement Page 6 of 13
Revised 11/2020
City:
CITY OF FORT WORTH
By: DJ Harrell (Mar 3, 202314:36 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Mar 3, 2023
ATTEST:
Jannette Goodall,
City Secretary
Date: Mar 8, 2023
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Licensee:
Cook Children's Healthcare Systems
a Texas non-profit corporation
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Title: V p. VtA NA,kiLM(il &m
Date: C!)2.Z3,
Approved As To Form and Legality
Thomas Royce Hansen
Assistant City Attorney
Date: Feb 28, 2023
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.
Rebecca 00ne Owen
Rebecca Diane Owen (Feb 28, 2023 10:56 CST)
Rebecca Owen
Development Services
Date: Feb 28, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier 11 Easement Encroachment Agreement Page 7 of 13
Revised 11/2020
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_3rd day of
March . 20 23
Wendy L.
Digitally signed by Wendy L. Bea rdslee
Beardslee Date: 2023.03.03 16:39:45-06'00'
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
�pRYP��`/ WENDY L BEARDSLEE o
z Notary Public
* * STATE OF TEXAS
� Notary I.D. 13323719-3
OF
My Comm. Exp. July 28, 2025
Tier II Easement Encroachment Agreement
Page 8 of 13
Revised 11/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�Qs , on this day personally appeared!1jjj&1oW,!54S
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 Cook Children's Healthcare Systems, a Texas
non-profit corporation (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9&4day of Fdb(gAto
Z3 Q
20
'�Y P"• Julie Foster
Notary Public
*� *= STATE OF TEXAS
6ary Public 1fl and for the �-.—"4 ' e' Notary ID #13378544.8
My Comm. Exp, 05/27/2026
State of -F4ya/0
Tier II Easement Encroachment Agreement Page 9 of 13
Revised 11/2020
EXHIBIT A
Legal Description of the Licensee's Property
Lot I, block 5-R, JENNINGS SOUTII ADDITION to the City of Fort Worth,
Tarrant County, Texas, according to plat recorded in Cabinet A, Slide 1685, Deed
Records ofTarrant County, Texas.
Tier II Easement Encroachment Agreement Page 10 of 13
Revised 11/2020
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COOK CHILDREN'S HOME HEALTH
EASEMENT ENCROACHMENT AGREEMENT
FORT WORTH, TEXAS
DUhAWAY
SW BaieyAvenue • Suite 400 . Fort Worth, Texas 76107
Tel: 817.335.1121
VX REG. F-1114)
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 11 of 13
Revised 11/2020
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encmachment Agreement Page 12 of 13
Revised 11/2020
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SANITARY SEWER EASEMENT
VOLUME 9339, PAGE 2163
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Tel: 817.335.1121
(X REG. F-1114)
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BEING a 47 linear foot line of wrought iron
fence, situated in Lot 1R, Block 5—R, Jennings
South Addition, said fence being more
particularly described by the metes and
bounds as follows:
COMMENCING at the Northwest corner of Lot
1R, Block 5—R, Jennings South Addition;
THENCE North 86 5234" East, 70.66 feet to
the POINT OF BEGINNING (UTILITY EASEMENT;
THENCE South 56'19'24" West, 12.58 feet to a
poin t;
THENCE South 13728" West, 34.31 feet to
the POINT OF ENDING (SEWER EA SEMEN T);
EXHIBIT C2
METES AND BOUNDS
COOK CHILDREN'S HOME HEALTH
FORT WORTH, TX
EXHIBIT D
Franchise Approval Letters
Tier II Easement Encroachment Agreement Page 13 of 13
Revised 11/2020
AT&T Texas
a} p Melissa McElyea Phone: 817-718-4055
`6( 117 W Columbia St Fax: 817-598-2039
1977/ Weatherford, TX 76086
January 18, 2023
RE: Tarrant County -Jennings South Addition
25-ft Pedestrian & Utility Easement Encroachment Request
Block 5-R Lot 1 R along the NW side of property
In response to the request for the encroachment on a portion of the 25-ft Pedestrian & Utility
Easement along the west side of the property, Southwestern Bell Telephone Company, d/b/a
AT&T Texas, has no objections to the requested encroachment for fence shown on the attached
sketch.
Plat found in Tarrant County Clerk File Recorded as Document Number D194104153.
It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of-
way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on
and across the easement/right-of-way for installation, repairs, replacement, or upgrades to
facilities.
Please let me know if you have any questions.
Sincerely,
J,dVOA 41a-
Melissa McElyea
AT&T — Manager Engineering — Right -of -Way
817-718-4055
ms2841@att.com
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LEGEND
WROUGHT IRON FENCE
TOTAL tFNGTH=a7tF
IPEDESTRIAN AND
J UTILITY EASEMENT
A w EASEMENT ENCROACHMENT
COOK CHILDREN'S HOME HEALTH
� wmain�iFORT WORTH, TX
"lle
�TMOS
energy
January 18,2023
LeeAnn Schaller
Graduate Engineer
Dunaway
Plano TX 75074
Re: Encroachment Letter- 200 S. Adams
Fort Worth, Texas
Dear: Schaller,
Upon your request, I have reviewed the Encroachment request regarding the fence at the
above referenced address and have determined it satisfies the requirements of this office.
If you have questions, please contact me at (817) 988-8079.
Sincerely,
Bob Davison
Project Manager
Atmos Energy Corporation
Address, City, State ZIP
P 000-000-0000 F 000-000-0000 atmosenergy.com
Spectrum
January 17, 2023
LeeAnn Schaller
Dunaway
550 Bailey Ave, Suite 400
Fort Worth, TX 76107
SUBJECT: Encroachment of wrought iron fence on W. Vickery Blvd near Cook Children's Home Health,
200 S Adams, Fort Worth, TX 76104.
Spectrum Communications hereby grants a 10ft encroachment for the purpose of an existing wrought
iron fence that was built into a portion of the easement 10ft General Utility Easement associated with the
property located at 200 S Adams St, within the City of Fort Worth, Texas 76104. Spectrum
Communications reserves the right to have access to any other applicable utility easements on the
property for the purpose of future construction or maintenance. The owner and/or lessee of said property
may also be responsible for the relocation/removal of any structure interfering with access to these
easements, if necessary.
Spectrum Communications currently has no facilities within this easement. If it has not already taken
place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before
any excavations are started.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please
share this information with whoever needs these services.
Sincerely,
Schariter
P tr►
Troy Hopson Business Development Specialist (0) 817-298-3554 Cell 682-999-2989
8545 Airport Freeway #108 1 North Richland Hills TX 76180
1"00�
ONC�R
January 16, 2023
LeeAnn Schaller
Dunaway
RE: Encroachment of Pedestrian and Utility Easement located at 200 S Adams
St., Texas aka, Lot 1, Block 5-R, JENNINGS SOUTH ADDITION to the City of
Fort Worth, Tarrant County, Texas
Dear Ms. Schaller:
Upon your request, I have reviewed the location of the wrought iron fence near
your project site. Oncor does not object to the encroachment located at the
property listed above.
Any damage caused to Oncor facilities due to such encroachment will be billed to
the party causing the damage.
If you have any questions, please contact the Oncor office at (817) 443-3434.
Sincer
Budd G. Rodgers, S MA
ONCOR ELECTRIC DELIVERY
7860 Winbrook Dr
Benbrook, TX 76126
432-234-9052
EXHIBIT F,
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
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