HomeMy WebLinkAboutContract 61106Date Received: 03112/24-------
Time Received: l:45 p.m.-------
Record Number: PN24-00003
City Secretary No.: _61_1 _0_6 ___ _
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 EastGroup Properties, L.P., a Delaware limited partnership ("Licensee"), acting by and
through its duly authorized Construction Manager.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2817 Basswood Boulevard,
Fort Worth, Texas 76131 ("Property"), being more particular described as, Lot 2, Block A, Basswood
Development Addition, a tract of land in the Thomas Peck Survey, Abstract No. 1209, as recorded in
Deed Records, by Instrument Number D219286094, 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 as plat number FP-20-152; 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 private water lines (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 "A."
Tier II Easement Encroachment Agreement Page 1 of 11
Revised 12/2022
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
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.
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
�
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.
�
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
Tier II Easement Encroachment Agreement Page 3 of 11
Revised 12/2022
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
$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.
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.
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
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.
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.
1 S.
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
Tier II Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
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 11
Revised 12/2022
City:
C['1'Y UF FaR'i' V�OR'1'H
By: oa«aa�� C�2 2�1�.�,
D_.1. Hai��:ll, Dircctor �f tfie
Deaelapment Ser�ices Dep�artment
U��,c: IVIa r 12, 2024
A 1"['FST
.1s�.x� h ��
L�
�����an.�
���'�'°� r;�'°oo
�k ` �a°-0�
� �� �=d
c �a, a 4
°v�tt�exp�q '
JaYiiiette [I�adall,
City 5ecretary
lldte: �a� iZ, �024
Licensee:
East�roup Praperties, L,P.
a Delawai�e limited partnership
By: EastGraup Fraperties Genei�al Partners, Inc.,
a �elaware carparatian,
its sa[e �ena�al�artner
�3y: _
��
Ti
D�te:
: rat-a�n ��r�b��-
Constiuctian Mana�er
)r �� �G�
Appra�ed As Ta Fnra-n and Legality
�.c�l.srt� �eir-e��
]ererr�y Atiato Mensah
f�S515td[lt �.1t]7 �tt4lilC�
D�ate: Mar 12, 2024
Canti'act Complianc� Mana�er:
By si�,ming I a�:kriowledge that I am the person
respansible Far the monitoring arid.adzxiin'ts#ratian
�f� this con tract, includin� erisurin�; all perfozmarice
and reportin� re�q�zaf�ements.
��becca}�i��e �pwer,
i;ehrr�a 7icnr .7n+°n ,Mar 12. 20:�4 lls4 �U 11
Rebecca Owen
Deveiopment �ervices
D�te;: IMar 12, 2D2�
1'ics II �dsciiicni �tii:rvar:hmeni A,�reeziient Pag�� 7�f 1 L
EZe�ised 1212022
OFFICIAL RECORD
CI7Y 5EGiiETARY
Fr. wvRrH, rx
STATE �F TEXAS §
GUUNTY OF TARRANT §
BEFaRE ME, the undersigned authority, a Notary Public in and for the State af Texas, on this
day personally appeared D.J. Harrell, known to me ta �e the person whnse name is subscribed to the
faregoing instrument, and acknowledged ta me that he executed the same far the puipases and
consideration therein expressed, as the act and deed af th� City af Fort Worth, and in the capacity
therein stated_
GIVEIV UNDER Nli� HAIVD A1VD SEAL QF QFFICE this 12tI1 �y q f March
20 �4
C.C�� C�
Notary Public in and for the State nf Texas
After recording return tv;
Uer�elopment Services Department
Der�elopment Caardination �ffice
200 Texas Street
Fart Worth, Texas 76102
r�YPr, W��i�Y L ��ARDSLEE
o" �'� �latary Pu�alic
2 � ,`�► SiATE Or TE7(A5
*
� {Votary i.�. 13323?19-3
�°jfiof ��¢ My Camm. Exp. July 28, 242�
Tier II Easement Encroachment Agreement
Page S of 11
Rer+ised 1212{]22
sTa�r�c oF T�xAs §
COUNTY OF TARRANT �
BEFQRE ME, the undersigned authority, a Notary Public in and for the State of Gi-�' , on
��� �J�SM'��s,n.
t�is day personally appeared �e.,f, ��p,� {Title) lcnown to m� to be the person whose name is
subscribed to tk�e foregoing instrurnei�t, and acknowledged to me that he ar she executed the same foa� tl�e
purposes and consideration fherein expressed, as the act and deed of EastGroup Properties Gene1-al
Partners, Inc., a Delawarc corporatian, as the sole general partner of EastGroup Properties, L.P., a
Delaware limited pat•tnership, ancE in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of �UTArG� 20 a�
'� �� rr_, ,r+�,��
� ' +� �
State of ��g�
Ticr II Easement �.ncroacl�ment Agreement
`'"�����'' LISA GAJEWSKI
��;°��Y �`:�o � Motary �u61ic, Slete of �exaa
���� �? Comm. Eycptroe 03-p4.2py8
n,���„+•' Notary !D 125687688
Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
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Prqject No.: 36647
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INATER �EXHIBIT
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Basswoad Business Park - 4" �amestic Meter
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if CP} �flntrol Pointj Easting Easting
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CP1 5ET "3C" T4P OF EP1 N: 7DU5434,4377 N: 70�5532.6G N 31°46'47.77" W 115.54
PAVEMEN7 E: 2331606.9938 E: Z33154fi.14
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EP5 N�A EP6 M: 7005555.93 N: 70�555fi.43 5 83°17'37.05" W 4.30
E:2331528.18 E:2331523.91
EP6 N�A EP7 �� ��Q5556.43 N: 74Q5559.79 N Ob°41'33.99" W 3.39
E:2331523_91 E:2331523.51
EP7 N�A EP8 �: 7U�5559.74 N: 7D�55b�.33 N 82"SS'08.28" E 4.36
E:2331523.51 E:2331527.8d
EP8 N�A EP5 �� ���5559.79 N: 7D05556.93 ��5°4q'S0.61" E 3.42
E:2331523.51 E:2331528.18
NOTE: Horixontal Uatum is the TexaS Cdordinate 5ystem nf 1983, north Central I.one �42U2], 2011 Adjustment, Epotk 2D1U.�0, Gen 18
Tarrant Counry Grid-to-5urface Adjustment 5cale Factor: 1.00012
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BASSIN��D BUSINESS PARK
4" DOMESTIG WATER SERVICE
CITY OF FORT WORTH, TEXA3
Prqject No.: 36647
Issued: JAN 2024
WATER - METES
AND B�L1ND
V�
EXHIBIT B
Certificate of Insurance
s6o4si2o.�i
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022