HomeMy WebLinkAboutContract 62728Date Received: Record Number: PN24-00182 ---------
Time Received: _______ _ . 62728 City Secreta ry No.: _______ _
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 5816
Rickenbacker Place, Fort Worth, Texas 76112 ("Property"), being more particularly
described as, Block Al, Carver Heights, an addition to the City of Fort Worth, Tarrant
County, Texas, in the Record of Deeds, Volume 2357 on page 284; and
WHEREAS, the City owns a right of way (the "Public Property") adjacent to
the Property, dedicated by plat, which plat is recorded in the plat records of Tarrant
County in Volume 388-Z on page 121; 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:
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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 drainage pipe connecting to the public drop
inlet within the City's drainage 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 ar 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.
�.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
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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.
�
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 $13.40 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.
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
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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 IlVDEMNIFY, HOLD HARMI.ESS, 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.
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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.
f f►�
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.
fK�
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.
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,
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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.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
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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]
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EXECUTED to be effective on the date signed by the City's Director of Development Services Department
City:
CITY OF FORT WORTH
By: Dalton HarrelHfeb 4, 202511:38 CST)
D.J. Harrell
Director, Development Services Department
Date: ___ F_e_b_4_, 2_0_2_s ____ _
ATTEST:
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.
Rebec;c;a Diane Owen Rebecca Diane Owen (Jan 30, 202516:10 CST)
Rebecca Owen Development Services Manager
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Licensee:
Fort Worth Independent School District
a political subdivision of the state of Texas
and a legally constituted independent public-school district
By: �
Name: Kellie Spencer
Title: Deputy Superintendent
Date: 1 /21 /25
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 Ke11ie 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, an i�ir�er��ndznt s�hool district (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of
January , 2025
. W � ��iiiriir
' � . .,.��nY;���, LETICIA LAING ARRIAGA
: F i��-'G� � MY COMMISSION EXPIRES
� ;�; �ji�; t � OCTOBER 20, 2027
Tvotary Public in and for the '-';eo5�±' NOTARY ID:124718386
State of Texas
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***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
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�day of
February 2025 -----�
Notary Public in and for the State of Texas
Tier II ROW Encroachment Agreement
WENDY L BEARDSLEENotary Public
ST ATE OF TEXAS
Notary I .D. 13323719-3
My Comm. Exp. July 28, 2025
Page 10 of 12
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EXHIBIT A
Depiction and description of the Encroachment
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EXH(BIT "A"
LEGAL DESCRIPTION
ENCROACHMENT EASEMENT
BEING 0.001 acre of land located in the CHARLES PHIPPS SURVEY, Abstract No. 1224, City
of Fort Worth, Tarrant County, Texas, and being a portion of Ramey Avenue (a 60 foot wide
public right-of-way). Said 0.001 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point lying N 89° 35' 19" E 13.28 feet, from an "X" cut in concrete found at
the Southwest corner of Block A1, CARVER HEIGHTS, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the plat recorded in Volume 388-Z, Page 121, of the Plat
Records of Tarrant County, Texas, and said paint also lying in the North right-of-way line of
aforesaid Ramey Avenue;
THENCE N 89° 35' 19" E 6.00 feet, along the South boundary line of said Block A1,
Carver Heights and the North right-af-way line of Ramey Avenue, to a point;
THENCE severing said Ramey Avenue, as follows:
1. SOUTH 6.66 feet, to a point;
2. WEST 6.00 feet, to a point;
3. NORTH 6.62 feet, to the POINT OF BEGINNING containing 0.001 acre (40
square feet) of land.
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POINT OF
BEGINNING
"X"IN CONC.
Course Bearing Distance
L1 N 89°35'19" E 13.28'
L2 N 89°35'19" E 6.00'
L3 SOUTH 6.66'
L4 NlEST 6 . 00'
L5 NORTH 6.62'
BLOCK A1
CARVER HEIGHTS
VOL. 388-Z, PG. 121
P.R.T.C.T.
ENCROACHMENT
EASEMENT 6EARING BASE:
0.001 ACRE THE BEARINGS SHOWN HEREON ARE TEXAS STATE
(40 SQ. FT.) PLANE GRID BEARINGS (NAD83 NORTH CENTRAL ZONE
4202) ESTABLISHED USING THE GLOBAL POSITIONING
SYSTEM SATELLITES, AND LOCAL CONTINUOUSLY
L2 OPERATING REFERENCE STATIONS.
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�RITTAIN & CRAWFORD
LAND SURVEYING &
TOPOGRAPHIC MAPPING
TEL (B17) 926-0211
FAX (B17) 926-9347
P.O. BOX 11374 � 3908 SOUTH FREEWAY
FORT WORTH, TEXAS 76110
EMAIL: admin�brittain—crowford.com
W`e85fTE- .wr6neee�n-.crowf4d.com
FIRM CERTIFICATIONj) 1019000
—R.O. W.
ENCR�ACHMENT
EASEII�EI�T
LOCATED IN
BLOCK A1, CARt►ER HEIGHTS
AN AQDITION TO
THE CITY QF FORT 1�IORTH
NT COUNTY TEXAS
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EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 12 of 12
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�� � DATE (MMIDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE ,oizzizoza
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANlD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTfTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTRCT
NpM�: Caraiyn Howard
Higginbotham Insurance Agency, Inc. PHOHE �Ax
500 W. 13th Street rnr�.Ho�Ex«: 8�7-347-7090 I cnrc,r,ol; 8t7-3a7-s981
F-MAIL
Fort Worth TX 76102 _woa�ss: choward a�hiqqinbainam.net __
Texas Political Subdivisions
INSURED
Fort wortn is�
Attn: Risk Management Dept
7060 Camp Bowie Blvd
Fort Worth TX 76116
INSURER C :
INSURER D :
NAIC #
99999
INSURER F : i
COVERAGES CERTIFICATE NUMBER: 1414558465 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND�TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUftANCE AFFORdED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE AODL=SIFBR� POLICY NUMBER I MMlDDY/YYVY MM DDyIYYYYI I LIMITS �
LTR .
A X COMMERCIALGENERALLIABILITY F0632 7H12�24 7H(2025 EqCHOCCURRENCE $3,000,000
— ��'�— � DAMA�E�t N'iEb
_I CLAIMS-MADE C OCCUR I PREA4ISES Ea orcurrence I S 100,000 _
�� MED EXP (An one person) $ 0
PERSONAL & ADV INJURY $ 3.000.000
GEI1VL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000
I� PQLIGY I_.' JECT � LOC � PRODUCTS -COMPIOP AGG $ 3,000,000
I OTHER: � $
AUTOMOBILE LIABILITY � j��7�BINEO SihiGLE LIMIT $
ANY AUTO � I BODILY INJURY (Per person) $
� � OWNED � SCHEDULED � BODILY INJURY (Per accident) $
AUTOS ONLY � _„ AUTOS
HIRED " NON-0WNED PFtaPERTY�AMAGE $
,. AUTOS ONLY i ; AUTOS ONLY I Per acclden[ I$
_ I UMBRELLA LIAB ;� pCCUR I ' EACH OCCURRENCE II$
1 EXCESS LIAB I_ CLAIMS-MADE I AGGREGATE 1$
DED � � RETENTION S � $
� WORKERS COMPENSATION - I FR
I F'tlt � U I FI-
AND EMPLOYERS' LIABILITY , I, STATUTE, ,
ANYPROPRIETORIPARTNER/EXECUTIVE Y� N E.L. EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? � N�A '
(Mandatory in NH) � i � E.L. DISEASE-EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS 6elow E L DISEASE - POLICY LIMIT S
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may 6e attached if more space is required)
CERTIFICATE
city of Fort wortr,
CFA Office PN24-00182
100 Fort Worth Trail
Fort Worth TX 76102
ACORD 25 (2016/03)
ELLA'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Al1THaRIIEi]R PRE5EHTRTlVE
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