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HomeMy WebLinkAboutContract 62507Date Received: 12/20/2024 Record Number: PN24-00164 Time Received: 1 : 08 p.m. City Secretary No.: 62507 PUBLIC PROPERTY RIGHT-OF-WAY 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 Fort Worth Independent School District, a political subdivision of the state of Texas and a legally constituted independent public school district located in Tarrant County, Texas public school district located in Tarrant County, Texas, ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 3600 Weber St., Fort Worth, Texas 76106 ("Property"), being more particularly described as, Lot 1, Block 1, of Meacham Middle School Site, an addition to the City of Fort Worth, Tarrant County, Texas, in the Record of Deeds, Volume 3345 on page 261-263; and WHEREAS, the City owns a right of way (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-01-101), which plat is recorded in the plat records of Tarrant County as Instrument D202030399; 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; and NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 ROW Encroachment Agreement Page 1 of 12 Updated 2024 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 line easement (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." 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, to the extent allowed by law, 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. Tier 11 ROW Encroachment Agreement Page 2 of 12 Updated 2024 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. 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). Additionally, Licensee agrees to pay a fee in the amount of $2.00 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. City shall annually invoice License said fee in the amount of $13.20 which Licensee will pay in accordance with the Texas Prompt Payment Law. 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. Tier 11 ROW Encroachment Agreement Page 3 of 12 Updated 2024 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. TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS GOVERNMENTAL IMMUNITY, 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. TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS GOVERNMENTAL IMMUNITY, 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. Tier I1 ROW Encroachment Agreement Page 4 of 12 Updated 2024 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. 13. Licensee agrees to pay promptly when due all applicable fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. Tier [I ROW Encroachment Agreement Page 5 of 12 Updated 2024 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. To the extent allowed by Texas law, 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. 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. Tier 11 ROW Encroachment Agreement Page 6 of 12 Updated 2024 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 ROW Encroachment Agreement Page 7 of 12 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH Z=—A— By: Da Ito HarreII jDec 20, 202412:46 CST) D. J. Harrell Director, Development Services Department Date: ATTEST: Dec 20, 2024 Jannette Goodall, City Secretary 9FORT IlC a of >°A 0P Approved As To Form and Legality PP4n aEoo 9d6Q / I���U��IIVI'2"'` 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. Rebecca Oiane Owen Rebecca Diane Owen (Dec 19, 202416:34 CST) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW Encroachment Agreement Page 8 of 12 Updated 2024 Licensee: Fort Worth Independent School District a Public School District B Name: Kellie Spencer Title: Deputy Superintendent Date: 12/10/24 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 Kellie Spencer , Deputy Superintendent (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 purposes and consideration therein expressed, as the act and deed of Fort Worth Independent School District , a Public School District (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of December , 2024. Notary Public in and for the State of Texas Tier II ROW Encroachment Agreement IJ11NG ARRIAG LETICIA MY COMMISSION EXPIRES OCTOBER 20, 2027 �f ♦ NOTARY ID: 124719386 j r Page 9 of 12 Updated 2024 : J l!!nam-.4L41IMauaOLIJ-Arlm-,41:a0J00Lepally01 g!j 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 loth day of November 2024 Wendy Beargee (Dec 20, 202413:02 CST) Notary Public in and for the State of Texas Tier H ROW Encroachment Agreement O�PRyP�e` WENDY L BEARDSLEE _ Notary Public * * STATE OF TEXAS j N9�oF�� Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 ' . . . . . . . . . . . . . Page 10 of 12 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page I I of 12 Updated 2024 FWISD WA MEACHAM — ENCROACHMENT August 29, 2024 Page 2 of 3 Exhibit "A" Being a 0.0018 acre tract of land situated in the Seburn Gilmore Survey, Abstract No. 580, in Tarrant County, Texas, and being a portion of Shwartz Avenue (60' Width Right -of -Way) conveyed to the City of Fort Worth as recorded in Volume 2771, Page 64 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with yellow plastic cap stamped "SAM" found in the west Right -of -Way line of said Shwartz Avenue and the east line of tract 1 conveyed to the Fort Worth Independent School District as recorded in Volume 3345, Page 261 of said D.R.T.C.T and Lot 1, Block 1 of Mecham Middle School Site as recorded in Instrument Number D202030399 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), also being at the beginning of a curve to the left, having a radius of 659.70 feet; THENCE with the west Right -of -Way line of said Shwartz Avenue, the east line of said Fort Worth Independent School District tract and said curve to the left, an arc length of 13.53 feet and whose chord bears S 16°38'30"W, a chord length of 13.53 feet to an "X" cut set in concrete, and being the POINT OF BEGINNING; THENCE crossing said Schwartz Avenue the following three courses and distances: S74028'02"E, a distance of 6.50 feet to an "X" cut set in concrete; S 15°3 F58"W, a distance of 12.00 feet to an "X" cut set in concrete; N74°28'02"W, a distance of 6.50 feet to an "X" cut set in concrete in the west Right -of -Way line of said Shwartz Avenue and the east line of said Fort Worth Independent School District tract, also being the beginning of a curve to the right having a radius of 659.70 feet, from which an "X" cut found in concrete at the intersection of the west Right -of -Way line of said Schwartz Avenue and the north Right -of -Way line of Eva Street (60' Width Right -of -Way) bears with a curve to the left, having a radius of 659.70 feet, an are length of 172.12 feet and whose chord bears S07°32' 14"W, a chord distance of 171.63 feet; FWISD WA MEACHAM — ENCROACHMENT August 29, 2024 Page 3 of 3 THENCE with the said west Right -of -Way line of said Shwartz Avenue, the east line of said Fort Worth Independent School District tract and said curve to the right, an arc length of 12.00 feet and whose chord bears NI 5°31' 58"E, a chord length of 12.00 feet to the POINT OF BEGINNING and containing 0.0018 acres or 78 square feet of land, more or less. NOTE: Survey sketch to accompany this legal description. NOTE: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone, with all distances and coordinates adjusted to surface by surface adjustment factor of 1.00012. That I Michael A. Medina, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2024 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. 0 F TF Nq 0,9/29/2024 `P.•• S T F . �'' �G Michael A. Medina Date .................... ICHAEL A. MEDIN� RPLS No. 6692 6692 9y°�ess\c`'� TBPLS Firm No. 1064300 Surveying And Mapping, LLC (SAM) S i.i Ft\4; 1341 W. Mockingbird Lane, Suite 40OW Dallas, Texas 75247 0 ENCROACHMENT EXHIBIT VICINITY MAP NOT TO SCALE NE 36TH ST spSITE DOLE 'IEACHAM LOCATION w MI M SCHOOL EVA ST ch MAYDELL ST Nry a I J IiNE 34 S �'T'1a L m l J n N LU F J 0 P 0 C 5/8" 1 R F W/YELLOW CAP STAMPED 'SAM" (C.M-) ~ P.O.B. 1 (GRID)_ N: 6,979,329.92 E: 2,327,208 31 C� FORT WORTH INDEPENDENT SCHOOL DISTRICT 1 TRACT 1 CALLED: 14.986 ACRES VOL. 3345, PG. 261 D.R.T.C.T. . A is �N'�� rca n�Mn LOT 1 4 u y a BLOCK 1 m U MEACHAM MIDDLE SCHOOL SITE INST. NO. D202030399 P.R.T.C.T. P.0. R. Y' CUT IN CONCRETE FOUND (C.M.) EVA STREET (60' RIGHT—OF—WAY) INST. NO. D202030399 P.R.T.C.T. ENCROACHMENT EASEMENT (0.0018 ACRES) 4tj 78 SQ. FT. r 3- W LlJ -. 3 rD Q N O� 2 SEBURN GILMORE SURVEY ABSTRACT NO. 580 0 i 20' 40' GRAPHIC SCALE 1 "=20' LEGEND EXISTING RIGHT OF WAY — — — ENCROACHMENT MARKER FOUND "AS NOTED" x "X" CUT SET P O.B POINT OF BEGINNING P O.0 POINT OF COMMENCING P O.R POINT OF REFERENCE P.R.T.C.T PLAT RECORDS TARRANT COUNTY TEXAS D.R.T.C_T DEED RECORDS TARRANT COUNTY TEXAS I.R.F. IRON ROD FOUND (C.M.) CONTROLING MONUMENT VOL. VOLUME PG. PAGE INST NO INSTRUMENT NUMBER NOTE: 1. Legal description to accompany this survey sketch. 2. Basis of bearing to the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum, 1983 (NAD 83)( 2010). with all distances and coordinates adjusted to surface by project surface factor of 1.00012 3. This survey was completed without the benefit of an abstract of title. There may be easements or other matters of record not shown. Record information shown hereon are based upon public records available at the time of survey. F r �TE�- -,9 *,: o.ir 11CHAEL A. MEDINI :?49C 92 �" i� 9Z41 E S 02 1 '{O D81M024 e' ✓;. `!e- Dote RPLS No. 6692 SURVEYOR'S CERTIFICATE: THAT I, MICHAEL A. MEDINA. A REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, DO HEREBY STATE, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT I PREPARED THIS SURVEY FROM AN ACTUAL ON THE GROUND SURVEY OF THE LAND AS DESCRIBED AND THAT THE CORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION CURVE TABLE I LINE CURVE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD LENGTH I L1 C1 001'10'32" 659.70' 13.53' S16'38'30"W 13.53' L2 C2 001'02'32" 659.70' 12.00' N15'31'58"E 12.00' I L3 LINE TABLE BEARING DISTANCE S74 28'02"E 6.50' S15'31'58"W 12.00' N74'28'02"W 6.50' JOB NUMBER: 1023081551 DATE:O&29-2024 1341 W. Mockingbird Lane FWISD - WA MEACHAM PROJECT. SCALE: 1-=20' Suite 40OW ENCROACHMENT SURVEYOR: M MWmA Dallas, TX 75247 TECHNIDIAH: E. ALMAN7A Ofe: 214.631.7888 SHEET 1 13RAVANGRENCROACHMENTEXHIBIT Fax:214.631.7103 3AII� OF 3 TRACT tD: . email: info@sam.biz PARTYCHIEF: S. HOFF FIELDBOOKS: 42595 Texas F1- Registmd- Na 10064300 PATH:OSAMINCIDALIPROJECTS\1023081551104 DELIVERYTINALM24-08-29 ENCROACHMENT AGREEMENnCAWFVVISD - WA MEACHAM MIDDLE SCHOOL ENCROACHMENT AGREEMENT DWG 1 � I r DW- >AR PROP, GAS LINE - PROP. GREASE TRAY / / R PAD REFER TO MEP / EX, UTILITY POLE PLANS FOR DETAILS I TO EIE REMOVED ! / v O n FULL DEPTH SAW CUT, REMOVE EXISTING / �So ' PAVEMENT AS NEEDED. / PROP. 12'X6.5'ROW / � „ - O. _ _• A .ENZCROACHMENf / L rD l� j-0 ��.o ! 1 i• ag I r p3 I PROP 5' CURB OPENING j I i I Py� Rwg-0 I I I w 1+00 c w SD A 2H am 0I0 r� u N:g W � LE0EN0 ENsnxc ma a PAwumr PROPOYrI CUHn I = �Fl �- PNOPOSm iRK UNE YNUnHO Pm ntt sTANDuros � P,wNmc SPACES N A How E � i C .l PHavoun s• HEmr ucxr IR' � Wry —ENTOON[AEIE PER DErul. SNEEr _w FOIL- PHWo9n n• NEw'WE"'. 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