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HomeMy WebLinkAboutContract 50063-T1Date Received: 3/14/2025 Record Number: PN22-00108 10:26 a.m. 50063-T1 Time Received: City Secretary No.: TERMINATION OF ENCROACHMENT LICENSE AGREEMENT This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager, Assistant City Manager, or Development Services Department Director, and EMF PANTHER ISLAND, A Delaware limited liability company ("Licensee"), a acting herein by and through its duly authorized representative. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No. 50063 (the "Agreement"), on December 19th, 2017, to authorize Licensee's encroachment upon the City's Public Right -of -Way for the purpose of multifamily residential building and parking garage; and WHEREAS, the parties now wish to terminate the Agreement. NOW, THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. The Agreement is hereby terminated effective on March 13th, 2025 2. Pursuant to Section 19 of the Agreement, the parties hereby agree that the requirements of Section 8 of the Agreement shall survive this termination. Page 1 of 4 OFFICIAL RECORD Updated 2024 CITY SECRETARY FT. WORTH, TX EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH ,D&Oit ff l-eU By: Dalton Harrell (Mar 13, 2025 09:58 CDT) D. J. Harrell Director, Development Services Department Date: Mar 13, 2025 ATTEST: Jannette Goodall, City Secretary cFORTq 44Lr, FS°a ;moo % Approved As To Form and Legality o daa4 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. 'wan - Rebecca Diane Owen (Mar 5, 202513:47 CST) Rebecca Owen Development Services Manager OFFICIAL RECORD Page 2 of 4 CITY SECRETARY Updated 2024 FT. WORTH, TX Licensee: EMF PANTHER ISLAND, LLC a Delaware limited liability company By: Name: Charlie Keels Title: Authorized Representative Date: February 21, 2025 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charlie Keels, Authorized Representative (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 EMF Panther Island, LLC, a DE Limited Liability Co (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21 st day of Februa , 2025. Notary Public in and for the State of Texas Page 3 of 4 Updated 2024 ,,III "`' TERRI SMITH Sr p�JA �i ?;. Notary Public, State of Texas Comm. Expires 03-29-2026 Notary ID 128221592 11: N WI&IJ 0 011:4 wyke a N : lU 3 W l9J M W M'1 KI 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 13th day of March 12025 . Gt%l�� (61M Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement PN22-00009 o�PRYWENDY L BEARDSLEE _ Notary Public * * STATE OF TEXAS e Notary I.D. 13323719-3 9�OF My Comm. Exp, July 28, 2025 Page 9 of 14 Ov�13 CITY SECRETARY CONTRACT NO.. ' n RIGHT OF WAY ENCROACHMENT AGREEMENT (RESIDENTIAL) THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Director of Planning and Development Department, hereinafter referred to as the "City", and EMF PANTHER ISLAND, LLC (Type name of homeowner(s)) hereinafter referred to as "Licensee", owner(s) of the property located at NW 4th St, at N. Main St., FortWorth, TX76164 (`;property" - Type address including zip code). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights -of -way, such Improvements) are described as follows: multifamily residential building and parking garage (Type in description encroachment) The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but sLn approval shalt' OFFICIAL RECORD ROW Encroachment Agreement —Residential ,aRTYAMETARY Revised 10.10.2017 FT. NIORTH, TX not relieve Licensee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights -of -way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 4. 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 use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage. 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement ROW Encroachment Agreement —Residential Page 2 of 10 Revised 10.10.2017 is requested an application fee in the sum of Three Hundred Twenty -Five Dollars ($325.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear foot of the encroachment area. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 8. Upon termination of this Agreement, Licensee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Improvement, Licensee hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the parties hereto that the public rights - of -way, alleys, sidewalks ("public right-of-way") to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the public right -of way as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the public right-of-way 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 right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, ROW Encroachment Agreement —Residential Page 3 of 10 Revised 10.10.2017 transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right of way and is not a conveyance of any right, title or interest in or to the public right of way 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 permission before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, encroachment and uses. 12. 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. 13. 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. 14. ROW Encroachment Agreement —Residential Page 4 of 10 Revised 10.10.2017 LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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 SAID IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES 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 ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, as proof that it has secured and paid for a homeowner's policy 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 the following: $300,000.00 With the understanding of and agreement by the Licensee that such amounts shall be revised upward at the City's option and that the Licensee shall so revise such amounts immediately after receiving notice to Licensee of such requirement. Such insurance policy shall provide that it cannot be cancelled or amended without at least ten (10) days written notice to the Director of the ROW Encroachment Agreement —Residential Page 5 of 10 Revised 10.10.2017 Planning and Development Department or designee of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit `B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such homeowner's insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets or alleyways. 16. 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 Consent Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. In any action brought by the City for the enforcement of the obligations of Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the Planning and Development Director. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 7th December 17 EXECUTED this day of , 20 ROW Encroachment Agreement —Residential Page 6 of 10 Revised 10.10.2017 City City of Fort Worth By: _ 2, ( Randle Harwood Director Planning and Development ATTEST: - i `h �, • 1i i wc: 0A, 1295: NA ROW Encroachment Agreement —Residential Revised 10.10.2017 Licensee: (Type name of individual(s)) EMF Panther Island, LLC by: Encore Multi-Familv Fund I, LLC, its Manaser Name: (Type name of individual) By: Encore Multi -Family Fund I Manager, LLC, its Manager By: Encore M Family, LLC, it anager B-- - - ..- Name: (Type name of indivM—a1) Charles A. Omage, Vice President & Secretary A ved As To Form and Legality _)P � r\1 V 0 -C 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. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 10 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 Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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 _&nay o��' 0n JENNIFER LOUISE EZERNACK Notary Public, State of Texas Comm, Expires 03.01.2020 Notary 10 130561630 ROW Encroachment Agreement —Residential Revised 10.10.2017 qI I naol I z Notary Public in and for the State of Texas Page 8 of 10 STATE OF TEXAS § COUNTY OF T"T-- § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared ( gym �C--) A _©OAA 6 ('Type name of individual), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of 'FWWk UG�,G'lSl L capacity therein stated. (Type name of individual), and in the GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'I ` day of1vjV&,,- , 20-L-1-. ..�``.RV RV GWENDOLIN SUE TULLY lr • Notary Public, State of Texas a�•, }r� Comm. Expires 01-07.2019 '*n°;,`,.°°`' Notary ID 10810401 ROW Encroachment Agreement —Residential Revised 10.10.2017 Notary Public in and for the State of Texas Page 9 of 10 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 (Type name of individual), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ('Type name of individual), day of Notary Public in and for the State of Texas ,20 ROW Encroachment Agreement —Residential Page 10 of 10 Revised 10.10.2017 Page 4 of 11 Faze: t of 5 EDIT "A" TRACT 'D' LEGAL DESCRIPTION BEING a tract of land in the Gouhenant Survey, Abstract No; 582, Fort Worth, Tarrant County, Texas, and being all .of Block 5, North Fort Worth Addition, an addflion to the Clty of Fort Worth, Tarrant County, Texas, recorded in Volume 63, Page 149, Plat Records, Tarrant County, Texas (P.R.T.C.T.); togethor with the alley through the center of Block 5 and a portion of Houston Street as abandoned by Clty ofFortWorth Ordinance 1� 2 h t recorded In Volume 2289, Page 533, Deed Records, Tarrant County, Texas, PSLT.Q.T.J and furttteer berng a portion of a tract of land described as?rdct One in a deed to Tarrant County College Ustrfct, radorded In Instrument #D204331101, D;R.T,C,T.; said bract of land being more particularly described by metes and bounds as follows: BEGINNING at a steel spike found (controt monument), being the Northwesterly comer of said Tract Ohe, on the Southerly. right-of-way line of 4TM Street (6(Y RO.W.); THENCE North 59 degrees 58 snisrutes 03 seconds East along the Northerly Fine of said Tract One and the Southerly right-of-way line of said 41h Street, a distance of 25d.00 feet to a 518 inch steel rod with cap sfarnped TranSystems set at the Northeasterly comer of said Tract One, same being the Northeasterly comer of said Block 5, on the 'Nesteriy right-of-way line of North Main Sheet (1W R.O.W.Y THENCE South 30 degrees 04 minutes 36 seconds East along the Easterly We of said Tract Qne, the Easterly One of said Block 5 and the Westedy'dght-of=way line of said North Main Street, a distance of 600.00 feet to a 5-18 inch steel rod wiih cap stamped.TranSystems. set being the Southeasterty*comer of said 1310&5; THENCE South 59 degrees 58 "minutes 03 seconds West along the Southerly One of said Mock 5, a distance of 25.0.41 feet to a 518 inch steel rod with cap stamped TtanSystems'set in the Westerly line of saki Tract One; from which a found 172 inch capped iron rod stamped 13ritfaln &' Crawford.(con rbl monumeno being a Nortwesterly ell comer of said Tract One bears South 36degrees 02'minutes 19 seconds East,131,29 feet and South 60 degrees 10 minutes 29 seconds West, 117.29 feet; THENCE North 30 degrees 02 minutes t6 seconds West, along the Westerly One of said Traci One, a distance of 600.00 feet to the POINT OF BEGINNING and containing 150,122 Square. Feet or 3.446 Acres of Land. Note: Survey sketch to accompany this legal description. Note: Basis of bearing = NAD 83 Texas North Central Zone (4202). Note: Coordinates shown are surface coordinates based on NAD 83 Texas North Central Zone (44V) with an adjustment factor of 1.0001375289116 Ct Ayl00M:iw.Cr Trar+-t>t1+weJ•t•_yti�(111 d� *ACS/TRC* TARRANT Doc: 000076713 Date: 04/17/2014 Vol: 0000000 Page: 00000 Page; 4 Of 11 -- — �— — — — BLOCK 9— J L NORTH FORT WORTH ADDITION VOL. 63, PG. 149 P. R.T.C.T. ss _ s3 _ _ ss __ ss = NW 4TH STREET — GAb - - GAS - PROPOSED q_ (A 54' R.O. W.) - —_ l A'i --w--- — - -- -- — �.._ -- -_--- _-.-- -- BUILDING OVERHANG (TYP.) R.O.W. — — — — ------- —. ENCROACHMENT _--.. �� ..___..__.-- LIMITS — — PROPOSED ROW.- a+E -- OHE - t — Z 6 R.O.W. GARAGE J EXISTING n ENCROACHMENT BUILDING FACE ENTRANCE R.O.W.i a o Z LIMITS 3 _ (Ty P-) w ? fA i Fm LOT 1, BLOCK 1 y — NORTH FORT WORTH ADDITION T VOL. 63, PG. 149 P�R.T.C�T. — s I LEGEND PROPERTY LINE — — ° PROPOSED EASEMENT, — -- — — EXHIBIT A GRAPHIC SCALE IN FEET _ LIMITS OF R.O.W. 0 15 30 60 ENCROACHMENT ENCORE PANTHER ISLAND R.O.W. _-- PROPOSED BUILDING ENCROACHMENT LIMITS EXHIBIT g' (SEE ARCH. PLANS —_ FOR BUILDING imley*Horn G DETAILS),�a .ow.�o—,—a ,. eI L Tj ` M ir OB ELEVATIONS WESTG ,N .NORTH �r 3L P II �d r ■i TI r lei r PON� --------------------■ r r �_■ rr ��Tr ■ r,ep ri ! rr ■ ■�iL■ ! ' ■ ■� r N ! �m� ■ _ II I ��11r 1 fir � Ir,Ur EXTERIOR ELEVATION &fF ARCHITECTS GENERAL NOTES EXTERIOR ELEVATION LEGEND kISSUE FOR CONSTRUCTION L uxir,cM1s�,y C a 05 FIEVATi(lws-WEST caNu-souTH Z O — ..,,a.... � ! m..,,. W 0.i OVERALL ELEVATION-EWTH Y- EXTERIOR Ut OVERALL ELEVATIO%NORTH A_201 11: LY J l!i �■ DlU ;i�J 11''lUr.�L�J DKIMI r1'' 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 2024. Notary Public in and for the State of Texas Page 4 of 4 Updated 2024