HomeMy WebLinkAboutContract 62336 (2)Date Received: 11/20/2024
Time Received: 11:01 a.m.
Record Number: PN24-00106
City Secretary No.: 62336
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 Inspiring Temple of Praise
Church, a Texas nonprofit corporation ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1000 Cooks
Lane, Fort Worth, Texas 76120 ("Property"), being more particularly described as,
being 9.368 acres of land located in the William Linn Survey, Abstract No. 924, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D210304445, in
Tarrant County, Texas, and;
WHEREAS, the City owns a sanitary sewer (the "Public Property") adjacent to
the Property, dedicated by plat, depicted on the final plat of the property (FS-23-193),
which plat is recorded in the plat records of Tarrant County as Instrument D224086575
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 Detention Facility with riprap (the
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page I of 11
FT. WORTH, TX Revised 12/2022
"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."
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
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
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.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
Tier II Easement Encroachment Agreement Page 3 of I I
Revised 12/2022
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 HIND 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
S1,000,000
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
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
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.
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.
Tier II Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
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 I I
Revised 12/2022
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
c;-'
By: Dalton Harrell 6Nov 18, 202416:43 CST)
D. J. Harrell
Director, Development Services Department
Date: Nov 18, 2024
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ATTEST:
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Jannette Goodall,
City Secretary
Approved As To Form and Legality
Hye Won Kim
Assistant City Attorney
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.
It\
Rebecca Owen (Nov 18, 2024 08:26 CST)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 11
Revised 12/2022
Licensee:
f
By: .�
N ginald D
Title: 'enior Pastor�ind Board President
Date:
STATE OF §
COUNTY OF 7;jAja ,-j`I §
..�� BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1. on this day personally appeared Reginald Jordan, Senior Pastor and Board
President 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 , Inspiring Temple of Praise
Church, a "Texas nonprofit corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
7 day of
2024.
SUE CAIMI JOHNSTON
'•�'�'My Notary ID # 131666106
Notary Public and for the
'•',%o� Eom August 1, 2026
Mal Pq lmm�i 1 15. I'll 1 q I lu l Il l li ai
State of
Tier II Easement Encroachment Agreement Page 8 of 11
Revised 12/2022
7-1-HIYAU�: FUR-UFI-T-U N'UK'l-WUKI-R-U FIUIL �u-L-yIVLT
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 18th day of
November 2024.
Pavae KATHLEENBRA DFORD
Notary Public
STATE OF TEXAS
�. GVV vh Notary I.D. 12197197
Notary Public in and for the State of Texas .
"�o _ MY oomm. EXP_ Apr. 12, 2027
After recording return to:
Development Services Department
Development Coordination Office
100 Fort Worth Trail
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement 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
JOHN T WHITE RD
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Location
VICINITY MAP
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MAPSCO NO. TAR 67TS
COUNCIL DISTRICT 5
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ATT/1N INSPIRING TEMPLE OF PRAISE OWNED/DEVELOPED BY:
ENGINEERING SERVICES EVENT CENTER INSPIRING TEMPLE OF PRAISE
.- CPN: 105621 1100 COOKS LANE,
8101 boat LYu6:ad, Suih 240 PUB312
Fort Wor""IX 7ot79 1100 COOKS LN FORT WORTH, TEXAS
I6PI Firm Na. F-17787
1—vi11@attaa—,.—d.mm FORT WORTH, TX, 76120.
(682)207-6802
LINE TABLE LEGAL DESCRIPTION
ENCROACHMENT AGREEMENT
LINE # INSPIRING TEMPLE OF PRAISE CHURCH
L1 15.32 S89°20'52"W
L2 22.97 N49'53'33•W COMMENCING at a found iron rod located at the southeast corner of Lot 1R, Block 1, Inspiring
L3 15.32 N89°20'52"E Temple of Praise Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded
L4 22.97 S49'53'3TE in Instrument No. D224086575, Official Public Records, Tarrant County Texas, said point being on
the West Right -of -Way line of Cooks Lane;
THENCE North 00' 39' 08" West along the easterly line of said Lot 1R, for a distance of 132.07 feet
to a point for a corner;
THENCE South 89' 20' 52" West for a distance of 139.13 feet to a point for a corner; said point
being the POINT OF BEGINNING;
THENCE South 89' 20' 52" West for a distance of 15.32 feet to a point;
THENCE North 49' 53' 33" West for a distance of 22.97 feet to a point;
THENCE North 89' 20' 52" East for a distance of 15.32 feet to a point;
THENCE South 49' 53' 33" East a distance of 22.97 feet returning to the POINT OF BEGINNING;
and enclosing 0.005 Acres (229.75 Square Feet) more or less.
LOT 1R, BLOCK 1 U)
INSPIRING TEMPLE OF PRAISE ADDITION Cn
INST. N0. D224086575
(O.P.R.T.C.T.)
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F rt Worth, Texas 76132
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Notes
1. Bearings are referenced to the State Plane Coordinate System,
North Texas Zone 4202, North American Datum of 1983.
2. Abbreviations:
OPRTCT = Official Public Records, Tarrant County, Texas
PRTCT = Plat Records, Tarrant County, Texas
DRTCT = Deed Records, Tarrant County, Texas
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USE OF THIS ELECTRONIC SEAL/SIGNATURE
AUTHORIZED BY CHARLES F. STARK, P.E.
TEXAS REGISTRATION NO. 57357
SEWER ENCROACHMENT AGREEMENT
Exhibit C
INSPIRING TEMPLE OF PRAISE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PROJECT No. 492-10207
DATE: 09-10-2024
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Instrument Number 021030+44.
!JPRICT
I LOT
LOT T
.D. PRICE SUEDIVISION
368-47, PAGE W
D-O'K U
)MLIJAM LINN SURVEY
MBSTRACT If 924
SEWER I
A T'
A 21'25'34'
R 116.31'
L 43.49
T 22.00
Ch 6 S7755'50'E
Ch L 43.24'
SO(731'37*E 11.2i'
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388-115. Page 72,
PRTCT
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LOT 161
N74'14'09"E 25-30' 0.71 AC.
N24*44'26** 15.19'
S74-1 4'09'W 25.30'
N24'33-51-W 17.41':Y 24'06-W
N83*12'10'W 25.95'
PONT OF BEGINING
NORTH: 69632' '1.581
EAST: 2373189.424
IWC 83, ZONE 4202 (GRID)
Homeland Ventures LP,
vaiume 15351, Page 319,
DRTCT
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Notes
1. Bearings are referenced to the State Plane Coordinate System. North
$ Texas Zone 4202, North American Daturn of 19N,
2. Abbreviations.
GRAPHIC SCALE L OPRTCT = Official Pubbc; Records, Tarrant County, Texas
PRTCT =Plat Records, Tarrant County, Texas
Tarrant County, Texas
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Swron-Stark METES & BOUNDS
PRIVATE DETENTION ENCROACHMENT AGREEMENT
S&W 100
Ofth. Tmov 76 , 32
723 9 00 'f) INSPIRING TEMPLE OF PRAISE
617 231.6144
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SKEET
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LEGAL DESCRIPTION
PRIVATE DETENTION FACILITIES MAINTENANCE AGREEMENT
INSPIRING TEMPLE OF PRAISE CHURCH
BEGINNING at the southeast corner of Lot 1, Block 1, J. D. Price Subdivision, Volume 388-47, Page 81,
Official Public Records, Tarrant County Texas, said point being on the West Right -of -Way line of Cooks
Lane, said point also being the most southerly southeast corner of a tract of land described in a deed to
Inspiring Temple of Praise Church, recorded in Instrument Number D210304445, Official Public Records,
Tarrant County, Texas;
THENCE North 820 24' 06" West along the southerly line of said Lot 1, for a distance of 191.22 feet to a
point,
THENCE North 83° 12'10" West, continuing along said southerly line of said Lot 1, a distance of 25.95 feet
to a point for a corner said corner being the southeast corner of Lot , Block 1, Holland Addition, Volume
388-115, Page 72, Official Public Records, Tarrant County, Texas;
THENCE North 24°33'55" West, leaving said southerly line and along the common line of Holland Addition
and J. D. Price Subdivision, a distance of 17,42 feet to a point for a corner;
THENCE South 14*14'09" West, a distance of 25 30 feet to a point for a corner;
THENCE North 24°44'26" West, a distance of 15.19 feet to a point for a corner;
THENCE North 74° 14' 09" East for a distance of 25.30 feet to a point for a corner;
THENCE North 24' 34' 50" West for a distance of 94.50 feet to a point for a corner;
THENCE North 71 ° 41' 29" East for a distance of 43.15 feet to the beginning of a curve to the right having
a radius of 116.31 feet;
CONTINUING along the arc of said curve to the left passing through a central angle of 21 ° 25' 34.1"
(having a chord bearing of South 770 55' 50" East, a chord distance of 43.24 feet) to a point,
THENCE North 89' 26' 59" East for a distance of 35.94 feet to a point for a corner,
THENCE South 00' 31' 37" East for a distance of 11.21 feet to a point for a corner;
THENCE North 89" 14' 35" East for a distance of 129.32 feet to a point for a corner;
THENCE South 42°04'07" East, a distance of 26.79 feet to a point for a corner, said
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corner being on the easterly line of said Lot 1, Block 1, said point also being on thewest
)TAR�K
Right -of -Way line of Cooks Lane;
CHARLES F.•S...............THENCE
South 00°47 43" East, continuing along said Right -of -Way line and the east
sosaline
of said Lot 1, Block 1, a distance of 119.40 feet to THE POINT OF BEGINNING
and containing 0.71 acres (30,996 square feet) of land.
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Engi a" PRIVATE DETENTION FACILITY MAINTENANCE AGREEMENT
S.0--t iaaN. t. 100SHEET
Worth, T woa 75132
e 17.231.3100 80.231 a!N INSPIRING TEMPLE OF PRAISE 2 OF 2
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CITY OF FORT W ORT}i, TARRAIv'T COUNTY, TEXA 5
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022