HomeMy WebLinkAboutContract 60407Date Received: 11/3/23 -------
Time Received: l:S0 PM
Record Number: PN23-00082
-------City Secretary No.: _6_04_0_7 __ _
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 Tarrant County Hospital District
d/b/a JPS Health Network, a(n) Texas nonprofit corporation ("Licensee"), acting by and
through its duly authorized President and CEO.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 209 East Leuda
Street, Fort Worth, Texas 76104 ("Property"), being more particular described as, lot
5A, Block 37, Tract 7, of Rosedale Addition, an addition to the City of Fort Worth, as
recorded in Deed Records, by Instrument Number D217170925, in Tarrant County,
Texas, and;
WHEREAS, the City owns a sanitary sewer easement (the "Public Property")
adjacent to the Property, recorded in the plat records of Tarrant County, Volume 388-57,
Page 861; 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 retaining wall (the "Encroachment"). Upon completion of
the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
Tier II Easement Encroachment Agreement Page 1 of 11
Revised 12/2022
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.
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
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
Tier II Easement Encroachment Agreement Page 2 of ll
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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 recover from Licensee 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.
LICENSEE AGREES TO HOLD THE CITY HARMLESS FROM ANY CLAIMS
OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES
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Revised 12/2022
GRANTED HEREUNDER. IT IS UNDERSTOOD THAT THE CITY SHALL NOT
BE RESPONSIBLE OR LIABLE FOR ANY AND ALL INJLJRY OR DAMAGE
TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS.
ADDITIONALLY, LICENSEE WILL REQUIRE ITS CONTRACTORS
PERFORMING WORK ON THE ENCROACHMENT CONTEMPLATED
HEREIN INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE
WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED
WITH, THE CONSTRUCTION, MAINTENANCE, INSTALLATION, OR
OPERATION OF THE ENCROACHMENT, WHETHER OR NOT SUCH
INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART,
BY THE ALLEGED NEGLIGENCE OF THE CITY, ITS OFFICERS,
SERVANTS, OR EMPLOYEES. FURTHER, LICENSEE WILL REQUIRE ITS
CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY
THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE
TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A
GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN
CONFORMANCE THIS AGREEMENT AND WITH THE CHARTER,
ORDINANCES, CODES, AND POLICIES OF THE CITY.
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 general 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
$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. Licensee shall require all
contractors performing work on the Encroachment contemplated herein to provide
Tier II Easement Encroachment Agreement Page 4 of ll
Revised 12/2022
insurance equal to or in excess of the amounts required by the City's standard
specifications. The City must be named as an additional insured on all such insurance
policies. Licensee must provide the City with a Certificate of Insurance (ACORD or form
approved by the State of Texas), supplied by each contractor's insurance provider.
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 locallaws,
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 ll
Revised 12/2022
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 attorney's fees to the
extent allowed under Texas law.
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.
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 II Easement Encroachment Agreement Page 6 of ll
Revised 12/2022
City:
CITY OF FORT WORTH
By: DJ HARRELCTNov 2, 2023 12:23 CDT)
Licensee:
Tarrant County Hospital District d/b/a
JPS Health Network
DJ. Harrell, Director of the
Development Services Department President and CEO
Date: Nov 2, 2023
ATTEST:
Jannette Goodall, City Secretary
Date: Nov 2, 2023
Tier II Easement Encroachment Agreement
Approved As To Form and Legality
Jeremy Anato-Mensah Assistant City Attorney
Date: NOV 2, 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 (Nov 2, 2023 08:53 CDT) Rebecca Owen Development Services
Date: Nov 2, 2023
Page 7 of 11
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 LTNDER MY HAND AND SEAL OF OFFICE this 2nd day of
November , 20 23 .
Digitally signed by Brooke
Brooke Bonnell Bonnell
Date: 2023.11.02 13:05:57
-OS'00'
Notary Public in and for the State of Texas
o,�p.RYP�je/ BROOKE BONNELL
z � Notary Public
* � * STATE OF TEXAS
N P Notary I.D. 134009525
T9�OF� My Comm. Exp. Oct. 11, 2026
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
Page 8 of 11 OFFICIAL RECORD
Revlsed 12/2022 CITYSECRETARY
FT. WORTH, TX
��
STATE OF � �.5� �
C�UNTY �' �°"" §
BE.FORE ME, the ur�dersigned authority, a Notary Public in and far the State of
`����_, on this day personaily app�ared Karen D�ncan, President and C�C3 (Title)
known to me to be the person whose name is subscribed tp the foregoing instrument, and
acknovvledged to me that I�e or she executed the same far ttte purposes and cor�sidera�ion
therein expressed, as the act and deed of Tarrant County Hospital District alb/a J:PS
Health Networ�C, a Te�as nonprofit corparatia� {entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �-� day of ��
2D �3 .
Notary Public in and for the
State o
yltl��� '���
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.`�*,o;Ge'� ��iZ�.riii� $$�i'CIES
c'��P ,'�;:� Not �'ublic
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Tier li Easement �ncroachnlent A�reeznet�t
Page 9 0� 11
Revised 12/2�122
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of ll
Revised 12/2022
EXHIBIT `�p1r'
LEGAL DESCRIPTI�N
EAS�MENTENCROACHMENT
BEING 0.004 acre of land situated in th� PETER T. WELCH SURVEY, Abstract No. 1E43, City
of Fort Worth, Tarrant Caunty, Texas, and being a portEon of B[ock 37, Tuck�r Addition, to the
City of �ort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page
� 2�, of the Plat Recards of Tarrant County, Texas. Said 0.004 acre of land being more
particularly described by metes and bounds as folEaws:
BEGINNING at a point iying N 89° 22' 38" E 92.50 feet, from a'/z" iron rod found at the
Southwest corner of said Block 37, Tucker Addi#ion and said POINT O� BEGINNING also lying
in ti�e North right-of-way line of E. Le�da Street ( a 5Q' wide p�b[ic right-af-way};
TH�NCE severing said Block 37, as follows:
1. N 00° 37' 46" W 12.50 feet, to a point;
2. N 89° 2�' 18" E 15.00 feet, �o a point;
3. S 00° 37' 46" E 12.50 feet, to a point {ying in #he North right-of-way line of
afaresaid �. Leuda Street;
4. S 89° 22' 39" W 15.00 feet along the North right-af-way line of said E. Leuda
5treet, to the POINT OF BEGINNING containing 0.004 acre (188 square feet) of
land. .
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G:12�231EASEMEN1��Tueker Additirm, Blk 37 - f?ncruacfinfent Ga.cment - QOb4 Acr�.dac
EXHIBIT "C"
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TRACT 1
CC� D217170925
P_R.T.C.T.
TRACT 2
CC� D217170925
P.R.T.C.T.
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Course
L1
L2
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Bearing
N 00°37'46" W
N $9°21'18" E
S 00°37'46" E
S 89�22'39" W
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Distance
12.50'
15.00'
12,50'
15.00'
I BLOCK 37
I TUCKER ADQITION
VOL. 63, PG. � 24
} ----- P.R.T.C.T_-------
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TRACT 3 I
CC# Q217170925 �
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EASEMENT ENCROACHMENT I
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BRITTAIN & CRAWFORD
LAND 5i1RVEYING &
TOPpGRAPHIC MAPPING
TE� c8��r 9z6—oz++
FA% (817} 926-9347
P.B. BOx 7137a • 39�8 SOiJTw FREEWnY
FORT WORTH, TEXAS 76110
EAAAIL: OOmin�brpiO�n-CrOrf pr0-cOm
YYEB5�TE: www.6rilkein-ere.lord_eem
FfRp CERTtFI[ATfON/ �as9000
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EXHIBIT MAP
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BLOCK 37 ,���
TUCKER ADDITION
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS SCALE 1 "=4�'
(KGj F'k!iJ�CTS\JPS-R���FDALE AUUN\JPS-BU=i�=K-37-ENCRi]qrHMENT-EASEA�FNT_dw�
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of ll
Revised 12/2022