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HomeMy WebLinkAboutContract 59882Date Received: 8/2/2023 Time Received: 2:46 p.m. Record Number: PN23-00041 City Secretary No.: 59882 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 AANI Real Estate LLC., a Texas limited liability company ("Licensee'), acting by and through its duly authorized Managing Partner. RECITALS WHEREAS. Licensee is the owner of the real property located at 12700 Timberland Blvd. Fort Worth. Texas 76244 (-Property"). being more particular described as a tract of land situated in the Jose Chirino Survey. Abstract No. 265. City of Fort Worth. Tarrant County. 'Texas. as recorded in Deed Records, by Instrument Number D2221 16572. in Tarrant County. Texas, and: WHEREAS, the City owns a water easement the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County by as plat number FP-22- 030: 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 "A," but only to the extent shown thereon, for the purpose of constructing. installing. and maintaining a private storm drain (the "Encroachment"). Upon completion of the Encroachment. Licensee agrees to be responsible for maintaining the Tier 11 Easement Encroachment Agreement OFFICIAL RECORD Page 1 of I I CITY SECRETARY Revised 12!2022 FT. WORTH, TX 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 "A." 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 Encroaclunent 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 Tier II Easement Fncroachment Agreement Page 2 of I I Revised 12!2022 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). 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. 9. Tier 11 Easement Encroachment Agreement Page 3 of I I Revised 12!2022 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 "A." The amounts of such insurance shall be not less than S 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 "B" 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 11 Easement Encroachment Agreement Page 4 of I I Revised 12/2022 ll. Licensee agrees to deposit with the City when this Agreement is executed a sullicient 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. 16. Tier Il Easement Encroachment Agreement Page 5 of I 1 Revised 12/2022 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 patties 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. 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 I I Easement Encroachment Agreement Page 6 of I I Revised 1212022 City: CITY OF FORT WORTH By: DJ Harrell (Jut 31, 2023 10:02 CDT) D.J. Harrell, Director of the Development Services Department Date: Jul 31, 2023 dq-1Y d F FORT �4 ATTEST: ono oo =° � _,t�v,cs daIl� nEXA5o4p Jannette Goodall. City Secretary Date: Jul 31, 2023 Licensee: AANI Real Estate, LLC a Texas limited liability company B. Name: Bhaveshkumar Patel Title: Managing Partner Date: 07//9 03 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: J U l 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 Diane Owen (Jul 28, 202316:23 CDT) Date: Jul 28, 2023 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier I I Easement Encroachment Agreement Page 7 of I I Revised 12!2022 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 31stday of July 20 23. Brooke Digitally signed by Brooke Bonnell Bonnell Date: 2023.07.31 10:08:25 05'00' 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 Tier I I Easement Encroachment Agreement o�PRYP� BROOKE BONNELL z Notary Public # * STATE OF TEXAS Notary I.D. 134009525 or My Comm. Exp. Oct. 11, 2026 a Page 8 of I I Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of _Rsas-, on this day personally appeared�'`"�'1'�"�'c� O itle) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie or she executed the same for the purposes and consideration therein expressed, as AAQ;c the act and deed of acr.I , a " (entity type), and in the capacity therein stated. es�--V- GIVEN UNDER MY HAND AND SEAL OF OFFICE this \ 1'C day ofT\\ 20 (� .fA-4 / Notary Public in and for the State of J� L o uve� Tier II Easement Encroachment Agreement y t��p LAUREN BUEHLER 3 t Notary Public 3 *®* STATE OF TEXAS i My Comm. Exp.12-15-26 t V _ Notary ID # 13410728.7 ; Page 9 of I 1 Revised 12!2022 EXHIBIT A Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 10 of I I Revised 12/2022 VICINMIMP 13epinni'll FORT WORTH FP-22-030 W tTLI.- F- 0. J. T BLOCK I 'PIMBERIAND CROSSING FORT WORTH MATTIE PARKER MAYOR DAVID COOKE CITY MANAGER MICHAEL OWEN, P.E. CITY ENGINEER. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT CHRISTOPHER P. HARDER, P.E. WATER DIRECTOR IPRC RECORD NO. IPRC22-0022 CITY PROJECT NO. 103937 FID NO. 30114-0200431-103937-EO7685 FILE NO. PLANS FOR THE CONSTRUCTION OF WATER & SANITARY SEWER IMPROVEMENTS TO SERVE X-27247 CURRENT CONSTRUCTION STANDARDS FOR DEVELOPMENTS IOCTOBER 4.2019)SHALL G01'ERN ON THS PROJECT. e TIMBERLAND CROSSING - LOT 9 FORT WORTH, TARRANT COUNTY, TEXAS OWNER I DEVELOPER RANI REAL ESTATE. LLC ,"4 ARTHUR OT 5EL—ER Ty.iE:4e Sheet List Table i Sheet _ Number Sheet Title r E. LEAe LLETNV 001 COVER SHEET 7 ff 002 DRAFT HORIZONTAL CONTROL PLAN SITE 003 004 PRELIMINARY PLAT (REFERENCE) GENERAL NOTES / D05 EROSION CONTROL PLAN a OD6 EROSION CONTROL DETAILS " s T007 OVERALL WATER PLAN 008 WATER PLAN & PROFILE (W-1) 009 WATER PLAN & PROFILE (W-2) 10 SANITARY SEWER PLAN & PROFILE / 11 UTILITY DETAILS >cEl w s xc 12 UTILTY DETAILS O013 UTILITY DETAILS LOCATION MAP un —LE 1ET.3. MAPSCO PAGE 21-C COUNCIL DISTRICT NO. 7 ENGINEER 16�- Mar 30, 2022 ii PELOTON DIRF.CTOR'SDI.SIGNFFFOR D.AR. P1II .... ...unew. LONSTRLCTIO\PLANAPI'ROV%I.: sr. RLSOLUTION NO 0I.10- 010 _ a—E 8-1 ter-l35u N fx r, �ye n ax n,aauT (? I Mar 25, 2022 + FEBRUARY 2022 .- -- RG\'IC•WCD - bATC. 1'R01L1 T :11ANAGLR X-27241 ' i I14TF.R :TAT[ 35 �c`S1P GPI \PNG� SITE -\ GOLDEN TRIANGLE BLVD KELLER HASLET RD GOLDEN TRIANGLE BLVD CPN: 103937 MAPSCO PAGE 21-C COUNCIL DISTRICT NO. 7 OWNER: i' PELOTON LOCATION MAP , I- --- TIMBERLAND TIMBERLAND CROSSING AANI REAL ESTATE, LLC 600 W 6TH ST, SUITE 175 TX NOT TO SCALE LOT 9 804 ARTHUR CT. KELLER, TX 76248 FORT WORTH, 62 73502 DATE: 2�16.2023 PHONE: 5127919560 PHONE: 817-5-30 DESCRIPTION OF AN ENCROACHMENT AREA BEING that certain tract of land situated in the Jose Chirino Survey, Abstract Number 265, City of Fort Worth, Tarrant County. Texas, being a portion of Lot 9, Block 1, Timberland Crossing, an addition to the City of Fort Worth, Texas, by plat recorded in Instrument Number D223077517, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of Lot 9, the most northerly northeast corner of the remainder of that tract of land described by deed to Timberland Boulevard Development Partners, LL.C, recorded in Instrument Number D216067037, said County Records, and in the south right-of-way line of Timberland Boulevard, a 120 foot right-of-way recorded in Cabinet A, Slide 8824 and Instrument Number D211201922, both of said County Records, from which a 1/2 inch iron rod found, with plastic cap stamped "Peiser & Mankin", bears S 23°24'31"E, 0.34 feet and a 5/8 inch iron rod, with plastic cap stamped "MILLER 5665", found at the northwest corner of said remainder tract and the northeast corner of Lot 4, Block 1, said Timberland Crossing, plat recorded in Instrument Number D217039257, said County Records, bears S 64'22' 14" W, 175.00 feet; THENCE S25037'46"E, 51.98 feet, with the west line of said Lot 9; THENCE N64°22' 14'E, 18.01 feet, departing said west line, to the POINT OF BEGINNING; THENCE N 64022' 14"E, 15.00 feet: THENCE S 25037'46"E, 10.00 feet; THENCE S 64022' 14"W, 15.00 fbet; THENCE N 25037'47"W, 10.00 feet to the Point of Beginning and containing 150 square feet of land more or less. "Integral Parts of this Document" 1. Description 2. Exhibit Petotan Job No. C'I3621o04 Tracking No. EX C:•UORfi.C[Xi21(R)d_['IM[dERI.A\13_[..O'r_u P1As'fE.RDEb^._SUR.EXHIRITS LEGAI.S�CDG2100-1-EXLDOCX Pagc I oft n JL \ 0 w z L1 N 64° 22'14" E 15.00' ��� rgoT��'}7 C L2 S 250 37'46" E 10.00' L3 S 64° 22'14" W 15.00' toss. 0 30 Gel L4 N 250 37'47" W 10.00' GRAPHIC SCALE. IN FEET VoU1 ' /' mt • iii o "IntegrolFarts of this Document" �5 ~Q 1. Description b0S R,4^y'd o1�g2 / S / t as g6a O 2 Ernibit f�l �,��b " t of l tea/ (point of ��~" J s�y���o `6rLg6 o ,7 J Basis of Bearing is the Texas Coordinate r`-`-c". - cpotri \ inning! F qi- T• Syster+ North Central lone s202. NAD 83 �~� CL1MMCliGtng"�e� �� �� in • Cp tr2f tror Rod Fourd i l SHE Sa:litory Sewer Ecsernent POSE t'1j0!iC Opel' Sper.O? _'-Berner.; :'1, V. i y 4i j i;,I `� iG P��i6r�;: - U;.\' Lot 9. Block 1 nr '0t pit .04 ; , / � • . c \ c Timberland Crossing ' :,`' i'' �m''� �� r \',• Inst." D223077517 t» } eG'rr„i •,r. C.R.T.C.T. m f S' ?q: \ Z e V 01 d. O G! u �' N t. ~trr,Df-riOnc CrnSSin, U is 1 r I C2'7C? 3 9 2 5 -7 01 4' •A ES t ® c Exhibit Of on , '^yr Fu ����� �- 0 to a Encroachment Area ua Situated in the Jose Chirino Survey, Abstract Number 265 City of Fort Worth, Tarrant County, ms Texas wQ GPELS LS FIRM RE(:. NCP. N77700 r.'?oyright (<;i 2023 Peloton Lord Solutions. Inc. ro Plot Date/Time.61512023 9 11 AM M X3 -- P. r- TIMBERLAND BLVD 0 (VARIABLE WIDTH ROW) C - — --- EX W _-- -- - EX W EX W - --- EX W:: EX W -. 03 m ;• z n o - - m0 K p ------`,&- — — -----� Zn i _ O 'AiL . IV I D • gym; -.. uJ -15' SANITARY SSWR ESMT N m D217107022 113 ,-: O o> rn n 15' PROPOSED WATER ESMT L # I -- iv M —i cn rn � I ITPROPOSED SEWER ESMT = rn m 24' PROPOSED PUBLIC mACCESS ESMT I �# z - D� mr Z D(o m m li I D M to O co c� N I m y p m II III n� o� �� II m . II m cl)� I' �zX I ��—=1j— CD -0z II_I II I W �cnrtl� \ -ZW Ij I NI. v co O GiJO61CDG21004_Timberland Lot_gWastarDevlComm\SENT% SubmittalstEncmachmentiCADlencroachment exhibit W-1 745 745 740 740 ENCROACHMENT I AGREEMENT AREA 0 735 _ _ 735 1 EXIST. 36" PRIVATE EXIST. 36" PRIVATE STORM CROSSING STORM CROSSING 730 730 — EXIST. FRANCHISE UTILITY CROSSING. CONTRACTOR TO FIELD VERIFY DEPTH & RELOCATE AS NECESSARY FOR 3' VERTICAL CLEARANCE 725 1 725 i 1+00 2+00 3+00 4+00 a R 16 � II#l! PELOTON PROFILE SCALES: r TIMBERLAND CROSSING ENCROACHMENT PROFILE 1"=40'HORIZ. ? LAND SOLUTIONS FORTWORTH 1"=4'VERT. a 0 2023 S . J. EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page I I of I I Revised 12/2022