HomeMy WebLinkAboutContract 62865Date Received: 03/03/2025
Time Received: 3:59 pm---------
Record Number: PN24-00025
City Secretary No.: 62865 --------PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT llERII TIDS 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 Broadway Baptist 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 305 West Broadway Avenue, Fort Worth, Texas 76104 ("Property"), being more particularly described as, the South one-half of Southeast one-fourth of Block 2 and the South 55 feet of the West of Block 3, a Tucker's Addition, an addition to the City of Fort Worth, Tarrant County, Texas by Instrument Numbers D152029372 and Dl53068763; and WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the Property, dedicated by the plat, depicted on the final plat of the property recorded in the deed records of Tarrant County, Texas by Volume 62, Page 124; 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 an electrical line (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment Tier II ROW Encroachment Agreement Page 1 of 13 Revised 12/2022
within the Public Property. Licensee shall not expand or otherwise cause the
' Encroachment to further infringe in ar 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 e�sting 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
virlue 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 detennined 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 Properiy at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or u�ilities 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 Properly to a
- condition acceptable to the Director of Transportation and Public Works, the Director of
Tier II ROW Encroachment Agreement Page 2 of 13
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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 ab eed
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 Properiy, to
restore the Public Property, and to assess a iien 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.
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 A�-eement. However, the City may, at its sole option, ailow 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 controi 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
Tier II ROW Encroachment A�reement
Page 3 of 13
Revised 12/2022
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.
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LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUSCONTRACTORS, LICENSEES, OR INVITEES.
�
While this Agreement is in effect, Licensee agrees to fiunish City with a
Certificate of Insurance naming City as certificate holder as proof that is lias 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 th.irty (30} days prior written notice to
the Building 4fficial 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
Tier II ROW Encroachment A�eement Page 4 of 13
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the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of a11 Licensee's contractors and subcontractors.
fi�
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 sta.tute, law, or rebulation.
14.
Lacensee 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 perforn�ing 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 o�cers, 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.
Tier II ROW Encroachment Agreement Page 5 of 13
Revised 12/2022
�
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.
�
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 a11 of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee sha11 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 A�reement 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 shail constitute one instrument
Tier II ROW Encroachment Agreement Page 6 of 13
Revised 12/2022
�' . �' . ►' � � � �.
Tier II ROW Encroachment A�eement Page 7 of 13
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
By: Dalton Harrellf'eb 25, 202513:44 CST)
D.J. Harrell
Director, Development Services Department
Date: Feb 25, 2025 -------------
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.
'Rebeua Owen Rebecca Owen (Feb 18, 2025 14:25 CST)
Rebecca Owen
Development Services Manager Tier II ROW Encroachment Agreement Page 8 of 13 Revised 12/2022
Licensee:
` Broadway Baptist Church of Fort Worth
a Texas nonprofit corporation
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Chris Mosley, President known to me to be the
person whose name is subscribed to the foregoiug 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 Broadway Baptisi Church of Fort Worth, a Texas nonprofit
corporation and in the capacity therein stated.
�
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
�� 2025.
�C' �'��
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Notary Public in and for the
State of Texas
Q,��RYPo GARRtNGTORIPT�AY.TrR
NOTARY F3 i�LUC
* x STATE {3F TEXAS
�.�z ID#'13449737�5
s'e��' MyComm.Expires 08-OB-202�
Tier II ROW Encroachment Agreement
Page9ofl3
Revised 12/2022
yYYTHIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLYxYY
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, l�own 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 IJNDER MY I3AND AND SEAL OF OFFICE this 25th day of
February , 20 Zs
l�✓�,d� =� �rc«�e�
- Notary Public in and for the State of Texas
Tier II ROW Encroachment Agreement
O,�p,RYP(�e, WENDY L BEARDSLEE
z � Notary Public
* � * STATE aF TEXAS
`�9,F��+� Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025
Page 10 of 13
Revised 12/2022
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Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 11 of 13
Revised 12/2022
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EXHIBIT A
Encroachment
340 Square Feet or 0.008 Acre
City of Fort Worth, Tarrant County, Texas
BEING a tract of land situated within the Peter T_ Welch Survey, Abstract Number 1643, City of Fort Worth,
Tarrant County, Texas and being a portion of St. Louis Avenue (a 60-foot right-of-way) and being more
particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 - Texas
North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference
frame is NAD83(2011) Epoch 2Q10.0000. Distances shown are U.S. Survey feet displayed in surface values)
COMMENCING at the southeast corner of Block 2, Tucker's Addition, an addition to the City of Fort Worth,
Tarrant County, Texas as shown on plat recorded in Volume 63, Page 124, Plat Records, Tarrant County, Texas,
from which a found "T" cut in concrete for the southwest corner of said Block 2, same being at the northwest
corner of the intersection of said St. Louis Avenue and W. Peter Smith Street (a 50-foot right-of-way) bears South
89'27'17" West, a distance of 200.00 feet
TNENCE North 00°32'43" West, with the common line between said Block 2 and the west right-of-way line of said
St. Louis Avenue, a distance of 0.81 feet to the POIMT OF BEGINMING of the hereon tract described;
THENCE North 00°32'43" West, continuing with the said common line, a distance of 10.66 feet to a point;
THENCE departing the said common line and over and across the said St. Louis Avenue the following courses and
distances:
North 27°24'S6" East, a distance of 11.70 feet to a point;
North 89°27'17" East, a distance of 54.52 feet to a point in the common line between the east right-of-way
line of the said St. Louis Avenue and Block 3 of the said Tucker's Addition;
THENCE South 00°32'43" East, with the said common (ine, a distance of 5.00 feet to a point, from which the
southwest corner of said Block 3 same being at the northeast corner of the intersection of the aforementioned St.
Louis Avenue and the aforementioned W. Peter Smith Street bears South 00�32'43" East, a distance of 16.81 feet;
THENCE departing the said common line and over and across said St. Louis Avenue the following courses and
distances:
South 89'27'17" West, a distance of 51.51 feet to a point;
South 27°24'S6" West, a distance of 18.11 feet to the POINT OF BE6IMNING and CONTAININ6 340 square
feet or 0.008 acre of land more or less.
� - �
8!4'�D� HAMPTON �c BROWN
engineering and surveying
6300 Ridglea Place, Suite 700 Fort Worth, TX 76116
jmargotta@bhbinc.com • 817_338.1277 • bhbinc.com
TBPELS Firm #44, #'1001'1300
SURVEYOR'S CERTIFICATION
I, John G. Margotta, a Registered Professional Land Surveyor licensed in the State ofTexas, do hereby
declare that this survey is true and correct and was prepared from an actual survey made under my
supervision on the ground. Further, this survey conforms to the general rules of procedures and
pradices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning
Practice and Licensure.
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1c�r`n 6'�Margotta �
�ate,,�f Texas Registered Professional Land Surveyor
N�,�. �956
Date: April 30, 2024
Drawing: E:\Survey23\188 Broadway Baptist\000\Dwg\ENCROACHMENT AGREEMEIJi'.
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1" = 20' BLOCK 2
TUCKER'S ADDITION `
VOL. 63, PG. 124
PRTCT
EXISTWG BUILDING
BROADWAY BAPTIST CHURCH
VOL. 2639, PG. 40
D.R.T.C.T.
L2
POB�
589°27'17"W �/ 200.00'
"'f" CUT I � 1� � li
IN CONCREfE
Encroachment
340 Square Feet or 0.008 Acre
City of Fort Worth, Tarrant County, Texas
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VOL. 2640, PG. 481
D.R.T.C.T.
Line Table
Line # I Direction
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N00'32'43"W
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S00"32'43"E
527°24'S6"W
S00"32'43"E
Length
0.81
10.66
11.70
5.00
18.11
16.81
LEGEND •
D.R.T.C.T..Deed Records, Tarrant County, Texas -
GV............Gas Valve
IRS.. ......._.5/8-Inch Capped Iron Rod tiy, p E TER S M/ TH S TR EE T
Marked "BHB WC' Set
POB..........PointofBeginning (A 50' R IG H T— 0 F— W AY)
POC..........Point of Commencing
P.R.T.C.T..Plat Records, Tarrant County, Texas
GENERAL NOTES:
Basis of bearing being U.S. State Plane Grid -Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative
Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.
SURVEYOR'S CERTIFICATION
I, John G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby
declare that this survey is true and correct and was prepared from an actual survey made under my
supervision on the ground. Further, this survey conforms to the general rules of procedures and
practices of the most current Texas Engineering and Land Surveying Prectice Acts and Rules Concerning
Pradice and Licensure. �` � �
� � �
BAIRD, HAMPTON 8� BROWN
engineering and surveying
6300 Ridgiea Piace, Suite 700 Fort Worth, TX 761 � 6
jmargotta@bhbinc.com • 817.338.1277 - bhbinc.com
TBPELS Firm #44, #'10011300
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�te='of Texas Registered Professional land Surveyor
No 5956
Date: Aprii 30, 2024
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TUCKER'S ADDlT10
VOL. 63, PG. 12�
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Drawing: E:\Survey23\188 Broadway Baptist\000\Dwg\ENCROACHMENT IXHIBIT.
E IT B
�ertificate of Insurance
Tier II ROW Encroachment Agreement Page 12 of 13
Revised 12/2022
.