HomeMy WebLinkAboutContract 62799Date Received: 02/l9/202S Record Number: PN24-00211
. 62799 T. R . d 11:45 a.m.1me ece1ve : ________ _ City Secretary 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 governmental entity ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 7060 Camp
Bowie Boulevard, Fort Worth, Texas 76761 I 6 ("Property"), being more particularly
described as, Lot 4, Block I, of Glen Park Second Filing, a subdivision of tracts in the
Mary Hom and William Hicks Surveys, in the City of Fort Worth, Tarrant County,
Texas, as recorded in Deed Records, by Instrument Number 18025, page 58; and
WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to
the Property, dedicated by final plat recorded in the plat records of Tarrant County as plat
record Vol. 388-U, page 57 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 drainage flume (the "Encroachment"). Upon completion of
the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
Tier II ROW Encroachment Agreement Page 1 of 11
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.
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
Tier [I ROW Encroachment Agreement Page 2 of 11
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 One Thousand Twelve Dollars and Fifty Cents
($1012.50). Additionally, Licensee agrees to pay a fee in the amount of $2.25 per
square/linear foot of the encroachment area upon execution of this Agreement and
annually thereafter.
. 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.
TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING
ITS GOVERNMENTAL IMMIJNITY, LICENSEE COVENANTS AND AGREES
TO INDEMIVIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND
Tier II ROW Encroachment Agreement Page 3 of 11
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.
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.
Tier II ROW Encroachment Agreement Page 4 of 11
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 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.
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.
Tier lI ROW Encroachment Agreement Page 5 of 11
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.
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 6 of 11
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
By: Dalton Harrell'feb 14, 202511:35 CST)
D.J. Harrell
Director, Development Services Department
Date: Feb 14, 2025 -------------
ATTEST:
r1 �:;::r:OnaQ
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.
Rebecca Owen (Feb 14, 2025 10:51 CST)
Rebecca Owen
Development Services Manager
Tier II ROW Encroachment Agreement Page 7 of I I
Licensee:
Fort Worth Independent School District
a �o�e��n ental entity
B.
Name: Kellie Speilcer
Title: Deputy Superintendent
Date: 02/OS/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 Kellie Spencer
Deputy Su�xrintendrnt Disirici []p�-r�tiUns (Title) known to me to be the person whose name is subscribed to
the foregoing instrument, and acknow[edged to me that he or she executed the same for
the purposes and consideration therein expressed, as the act and deed of
Fort Worth ISD ,� �na��ende�z[ schaol �iistrict (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Sth day of
February , � 2025.
r
V
Notary Public in and far tf�e
State of Texas
��,��°��,� �.�T1GiA lAING ARRiAGA
:' L�,FY P'8� �
ri`�' • n : M�' COMlV41SSi0N �2b2T $
:u� 1�1,�T = �CT06ER 20,
'��rFGF�+' M�TARY ID: i2a719385
�1�11151�
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Tier II ROW Encroachment Agreement Page 8 of 11
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 14th day of
February . 20 25 .
G�.,�. 5����a,�
Wendy Bear ee (Feb 14, 20251139 CSTJ
Notary Public in and for the State of Texas
,�p.RYr'(i� WENDY L BEARDSLEE
z , � Notary Public
* � * STATE OF TEXAS
Nyr�� +� Notary I.D. 13323719-3
Fo���` My Comm. Exp. July 28, 2025
Tier II ROW Encroachment Agreement Page 9 of 11
EXHIBIT A
Depiction and description of the Encroachment
Tier [I ROW Encroachment Agreement Page 10 of 1 l
"EXHIBIT A"
RIGHT-OF-WAY ENCROACHMENT
BEING 50 square feet of land situated in the City of �'ort Worth, Tarrant County, Texas, being a
portion of Pecos Street (a called 60' right-af-way}, and being more particularly described by metes and
bound as follows:
COMMENCING at a 1/2 incli iron rod with a broken red cap found at the nortl�east corner of Lot 4,
Block 1, Glen Park, Second Filing, an addition to the City of Fort Worth, Tarrant County, Texas,
according to the plat filed in Volume 388-U, Page 57, Plat Records of Tarrant County, Texas
(P.R.T.C.T.), also being the intersection ofthe south line of said Pecos Street and the west line of Foard
Street (a called 50' wide rigllt-of-way), from which a 112 inch iron rod found near the northwest corner
of Lot 1, Block 2 of said Glen Park, Second bears N 82°02'37" E, a distance of 50.32 feet;
THENCE N 89°56'00" W, leaving the west line of said Foard Street, along the north line of said
Lot 4, and along the south line of said Pecos Street, a distance of 0.55 feet to the POINT OF
BEGINNING of the hereinafter described tract of land;
THENCE N 89°56'00" W, continuing along the north line of said Lot 4, and along the south line of
said Pecos Street, a distance of 5.00 feet, from which a 1/2 inch iron rod found near the northwest
corner of said Lot 4 bears N 89°23' 13" W, a distance of b6_33 feet;
THENCE leaving the north line of said Lat 4, passing over and across said Pecos Street the following
courses and distances;
N 00°44'47" W, a distance of 10.00 feet;
S 89°56'00" E, a distance of SAQ feet;
S 00°44'47" E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 50
square feet or 0.0011 acres of land. �
L�-� • �]a#�: December 5, 2024
Th ron W. Sims, R.P.L.S.
Texas Registration No. 588
Surveyed on the ground October 9, 2024
OF
jST�
�
THERON W. 51MS
.. y . ... ....... .... r..y..
? A 5887 � :
�QFSUR`�F'��
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North
Central Zone; NAD83(2011) 2010.00) as derived lacally from Allterra Central's Continuously Operating
Reference Stations (CORS) via Real Time Kirtematic {RTK) methods. An average Combination Factor of
1.000148415 was used to scale grid coordinates and distances to surface.
2. Integral parts of this survey:
a) Legal Description b) Sketch
Sheet 1 of 2
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EXHIBIT B
Certificate of Insurance
Tier fI ROW Encroachment Agreement Page 11 of 11
AC D� DATE (MMIDDM/YY)
CERTIFICATE OF LIABILITY INSURANCE 1/24/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 CONSTITUTE 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 poiicy{ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the poiicy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in tieu of such endorsement(s).
PRODUCER C�NTACT
NAME:_C2ffllyfl HOW81'd
Higginbotham Insurance Agency, Ii1C. PHONE — — FA]C
500 W. 13th Street _[w� Mo�Ex3}: 817-347-7090 __ .�n,1c,No�;_817-347-6951 _
E-MAIL
Fort Worth TX 76102 nooaess: chowardQhigginbotham.net _ _
INSURER(S) AFFORDING COVERAGE I NAIC #
wsur�Rn: Texas Political Subdivisions 99999
INSURED
Fo�t wortn iso
Attn: Risk Management Dept
7060 Camp Bowie Blvd
Fort Worth TX 76116
COVERAGES
INSURER C :
INSURER D :
IHS[]RER E �
CERTIFICATE NUMBER:2�75337999
—�
REVISION NUfNBER:
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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE 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 AU17L�Si1RR' ' PQLICY EFF POLICY EXP
L7R � TYPE OF INSURANCE � POLICY NUMBER MMtDD/YYYY MMJDDIYriY LIMITS
A I X COMMERCIALGENERALLIABILITY Y I F0632 7l'I/2�24 � 7/1/2025 Ep,CHOCCURRENCE $3,000;000
1}l.1�7AGE�GRE�'eb g 100.000
� CLAIMS-MADE � OCCUR , aRE�AiSE$.�Eaac�urrence}
MED EXP (AnY one oerson) �$ EXCluded
PERSONAL &ADV INJURY I $ 3,ODO,ODO
� GEN'LAGGREGATELIMITAPPLIESPER: � , GENERALAGGREGATE $3,OOO,D�O
POLICY ❑ PR�� � LOC PRODUCTS - COMP/OP AGG $ 3, 000, 000
3EG7 ,
� DiHER. $
A AUTOMOBILE LIABILITV Y F0632 7/1/2024 7/1(2025 ��MSlNEp SINGLE LIMI7 g � OOO,ODO
I ,..�Ea acciden��__ ,
I x ANY AUTO BODILY INJURY (Per person) $
� � OWNED SCHEDULED BODILYINJURY(Peracciden[)� $
� AUTOS ONLY _ AUTOS
� X HIRED X NON-OWNED PROAERTII QAMAGE $
, , AUTOS ONLY , AUTOS ONLY ,[Per ar,c�dent�
--- $
' UMBRELLA LIAB _ I OCCUR EACH OCCURRENCE �$
EXCESS LIAB � CLAIMS-MADE AGGREGATE _ : $ _
pED � RET�NTION $ � I $
'rEii � � OTH- '
WORKERS COMPENSATION i I STATLI7E ! � ER
� AND EMPLOYERS' LIABILITY Y 7 N I - ����
ANYPROPRIETOR/PARTNER/EXECUTIVE I E,L. EACH ACCIDENT .$
IOFFICER/MEMBEREXCLUDED? � N�A. —
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE� $
IIf yes, describe under � � ���
DESCR1PTIpN OF OPERATIONS 6elow E.L DISEASE - POLICY LIMIT $
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Forest Oak Middle School
c�ty of Fort wortn
Contract Management Office
PN24-00211
100 Fort Worth Trail
Fort Worth TX 76102
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCQRdANCE WITH THE POLICY PROVISIONS.
Ai17Fi0itfTECt R�PRESENTqTiVE
I
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