The URL can be used to link to this page

Home My WebLink AboutContract 60004Date Received: 8/29/2023 Time Received: 7 : 31 a.m. Record Number. PN23-00011 City Secretary No.: 60004 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 Summit Land Development, LLC, a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 2406 Belknap Street, Fort Worth, Texas 76111 ("Property'), as recorded in Deed Records as 2.939 acres situated in the John Little Survey, Abstract Number 958 by Instrument Number D221366078, in Tarrant County, Texas, and; WHEREAS, the City owns or has an interest in a public utility easement and a sanitary sewer easement (the "Public Property") adjacent to the Property, and as recorded in Tarrant County by instrument number D223113563; 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 occupy a portion of the City's Public Property as described in and at the location shown Tier H Easement Encroachment Agreement Page I of 13 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a utility line, fence, fire water line, private storm line, transformer, , and private sidewalk (the "Encroachments"). 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 "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 Encroachment nor make any use of the Public Property until after the execution of this Agreement. k 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 "B" 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. Tier H Easement Encroachment Agreement Page 2 of 13 Revised 12/2022 S. 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). 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 Tier H Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 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. 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 "C" 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 Tier II Easement Encroachment Agreement Page 4 of 13 Revised 12/2022 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. 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 Easement Encroachment Agreement Page 5 of 13 Revised IM022 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. The forgoing notwithstanding, the City's consent shall not be required for Licensee to convey the Property to the Fort Worth Housing Finance Corporation, a Texas housing finance corporation C FWHFC'), provided that such conveyance occurs within sixty (60) days of the date this Agreement is executed by the City. Such conveyance to FWHFC shall constitute an assignment of Licensee's rights, privileges, and duties under this Agreement to FWHFC and, upon such conveyance, Licensee shall be automatically released from its obligations hereunder 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 Easement Encroachment Agreement Page 6 of 13 Revised 12/2022 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 II Easement Encroachment Agreement Page 7 of 13 Revised 12/2022 City: CITY OF FORT WORTH By. DJ Harrell 1Au228 202317:01 CDT) D.J. Harrell, Director of the Development Services Department Date: Aug 28, 2023 ATTEST: Janette Goodall City Secretary Date: Aug 29, 2023 po400up�Il P ofFORr4;1� ate° °�9dd p!`a o.ld coo o=, dP0 * 000 00 *�a ada �'EXASoa �bnnao44 Licensee: Summit Land Development, LLC, A Delaware limited liability company By: Overland Property Group, LLC A Delaware limited liability company, Its Manager By: Overland Property Group, LLC, a Kansas limited liability company, it:tthevw er By. ame: Gillam Title: Manager Date: 1'? 1 U22) Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Aug 25, 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 (Aug 25. 2023 13:29 CDT) Date: Aug 25, 2023 Rebecca Owen Development Services Tier 11 Easement Encroachment Agreement Page 8 of 13 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LWAdiI�III . r �'`>r'r.�1'� Da�W� t�dW r. tW� YIY� t� �11 W� t� li W O101 �Y>t �I�i , Y�Y 616 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 this28th day of August 2023 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 II Easement Encroachment Agreement O�PRY Pie/ KATHLEEN BRADFORD _ Notary Public + • STATE OF TEXAS N GGGVVV P Notary I.D. 12197197 T9rFOFjE+ My Comm. Exp. Apr. 12, 2027 ' Page 9 of 13 Revised 12/2022 STATE OF T&X*S V,0,►'J a f § COUNTY OF TARRANT § J bhnC�'h BEFORE ME, the undersigned authority, a Notary Public in and for the State of Y-"&W� as. on this day personally appeared Matthew Gillam, Manager (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 p oses and consideration therein expressed, as the act and deed of �ve��i� p� a limitetdLL L liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10&day of Qu�uS� 20 23 . Amanda Klaus State of Kansas Notary Public Commission No. 1188029 Notary Public in and for the My Commission Expires 08/27/2025 State of V/M h, f Tier II Easement Encroachment Agreement Page 10 of 13 Revised 12/2022 EX—IMIT A Depiction and description of the Encroachment Being a 0.0750 acre (3,266 Square foot) tract of land situated in the John Little Survey, Abstract No. 958, Tarrant County, Texas, being part of Lot 1, Block 1, Trinity River Addition, an Addition to the City of Fort Worth, as shown on the plat recorded in Cabinet B, Slide 2904, Plat Records, Tarrant County, Texas, and part of a called 0.257 acre tract of land described in the deed to Summit Land Development, LLC, as recorded in County Clerk's file no. D221366078, official public records, Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 11 of 13 Revised 12/2022 EXHIBIT B Franchise Utility Letters Tier H Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 ATMOS energy March 2, 2023 Bret Burgess MMA Texas Re: Encroachment into Utility Easement -Clifton Riverside Bret Burgess Upon your request I have reviewed the location of the gas facilities near your project site. Atmos does not object to the encroachment located at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages to Atmos facilities due to such encroachment will be billed to the party causing the damage. If you have any questions, please contact me at 214-549-7144. Sincerely, Bobby Oney Project Manager Atmos Energy Corporation 100 West Momingside Fort Worth, Texas 76110 aW November 11, 2022 Mr. Gilliam, AT&T Texas Melissa McElyea Phone: 817-718-4055 117 W Columbia St Fax: 817-598-2039 Weatherford, TX 76086 RE: Tarrant County — Trinity River Addition 10-ft Utility Easement Encroachment Request Lot 1 R, Block 1, Encroachment surrounding property In response to the request for the encroachment on a portion of the 10-ft utility easement along the north, south and east side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for fence, sidewalk, storm drain, transformer and fire/water line as shown on the attached sketch. Plat found in Tarrant County Clerk File Recorded in Cabinet B, Slide 2904 also shown on Document Number 205015570. 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, Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841@att.com Il000, ]n iW1771q tlDaW tOSt � � b • \ •Yti- .II !Y�i.i SM u • t AMWV NM7 A r •'• I ' rat ps 1 In wuca, mw uawu --1 I 11 , M �C•R�t oswitta Iv l`2-!U( /' / / ' ts7als BJxraaal :.xr„ I »wom / . route lArt A r S57T•Yf7 fOYW?)•1f ..IF.�+...... ,QtSN�7j 1 1 NiUM Itl0./ 10 4lG / / 14 ENCROACH-XIENT l - TRANSFORMER, PRIVATE STORM AND SIDEWALK INTO UTILITY EASEMENT ENCROACHMENT 2- PRIVATE STORM AND FIRE WATER LINE INTO UTILITY EASEMENT ENCROACHMENT 3- FIRE WATER LINE INTO UTILITY EASEMENT ENCROACH- IEN'l- -1- FENCE INTO SSE ENCROAC_AH'-\,IENT 5- FENCE INTO UTILITY EASEMENT ENCROACHMENT G- PRIVATE STORM WATER INTO SSE dN C R Date: 04/19/2023 Customer / Contractor Name: OPG Clifton Riverside Partners, LLC Re: Encroachment 2023-1739: 2406 E. Belknap St. Fort Worth, TX 76111 (Address) Trinity River Addition Lot 1, Block 1 (Plat Cabinet B Slide 2904) (Subdivision) Dear Matthew Gilliam: I have received your request to construct fire water lines, storm lines, a sidewalk and fences with and at the above referenced location. A portion of the proposed encroachments will be within a Platted Utility Easement or an Oncor Electric Delivery Company easement. At no time should any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached upon. Oncor does have facilities located within the above mentioned easement. It is not the intent of this letter to waive any rights granted to Oncor in said easement except to permit this encroachment set out hereinabove. Also, this letter is not intended to release the builder of this encroachment, or the present owner, or future owners of the property from any liability arising out of the location of this encroachment in the easement. Oncor shall continue to have unrestricted access to, on and across the easement. It is understood by owner, that when the electrical facilities in the easement area need repaired, replaced or upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's ability to perform the necessary work. Oncor maintains the right to utilize the entire easement for its needs, and will not be responsible for any damages. Owner acknowledges and understands that Oncor maintains overhead and/or underground electrical facilities within the easement. State law requires contacting Dig Tess by calling 811 for underground equipment to be located at least two (2) days before you dig. Dig Tess does not mark a precise location but is usually within four (4) feet of the actual location. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements. Once signed, please return to the address below. If this is not returned, letter will be voided. If you have any questions or need additional information, please contact the Oncor office at (817)215-5238. Oncor Attn: Garrett Smithhart 777 Main Street Suite 707 Fort Worth, Texas 76102 Sincerely, Y��A� 157M-Zz�� 04/20/20 Matthew Gilliam (Date) Spectrum► March 9, 2023 Bret Burgess Project Coordinator MMA Texas 519 E Border Street Arlington, TX 76010 SUBJECT: Encroachment of Clifton Riverside MF Spectrum Communications hereby grants a 10 ft encroachment for the purpose of building a sidewalk, transformer and private storm drainage into a portion of the rear easement 10ft General Utility Easement associated with the property located at N Rayner St & Terrance St within the City of Fort Worth, Texas 76111 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 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, Spear _ _► Troy Hopson I Business Development Specialist 1(0) 817-298.3554 Cell 682-999-2989 8545 Airport Freeway #1081 North Richland Wis I TX 76180 EXIIIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022