HomeMy WebLinkAboutContract 63045Date Received: 04/04/2025
Time Received: 7:19 a.m.
Record Number: PN25-00036
City Secretary No.: 63045
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER I
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 TEH Fort Worth, LLC, a Texas
limited liability company ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2405 North Main
Street, Fort Worth, Texas 76106 ("Property"), being more particularly described as, Lot
1R2, Block 20, of MG Ellis Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D223050669; 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-13-133), which
plat is recorded in the plat records of Tarrant County as Instrument D213284456; 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 blade sign and awning (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within
Tier I ROW Encroachment Agreement
OFFICIAL RECORD page 1 of 11
CITY SECRETARY Updated 2024
FT. WORTH, TX
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."
F1
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 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 to by Licensee
that if this Agreement terminates and Licensee fails to remove the Encroachment and
Tier I ROW Encroachment Agreement
Page 2 of 11
Updated 2024
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).
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.
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 HIND OR CHARACTER, WHETHER REAL OR
Tier I ROW Encroachment Agreement
Page 3 of 11
Updated 2024
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. 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.
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.
Tier I ROW Encroachment Agreement
Page 4 of 11
Updated 2024
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.
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
Tier I ROW Encroachment Agreement
Page 5 of 11
Updated 2024
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.
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.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
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 I ROW Encroachment Agreement
Page 6 of 11
Updated 2024
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
c7�
By: Dalton Harrell &r 2, 2025 08:52 CDT)
D. J. Harrell
Director, Development Services Department
Date: Apr 212025
UOIl�q
�uBT�yo9�C
ATTEST: d:s sao
Pve ==4
d� * voo 0000°* dp
PP "
P T�Ag o4
1 fP �s a�bnauob
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 (Mar 27, 2025 16:59 CDT)
Rebecca Owen
Development Services Manager
Tier I ROW Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of 11
Updated 2024
Licensee:
TEH Fort Worth, LLC
a Texas limited Iiabilit c p
By: _—p_p
Name: Brad Humphries
Title: Member
Date: "s— Z (o - 2 .S—
STATE OF l ex(iS §
COUNTY OF 6__t f tr §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
i P�, on this day personally appeared A�Yhp �► \-v r
(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 I E I'1 R Y-- UJ(4L a
l t'(ntwL16U j(0 en y type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
YC— i , 20-2-
.r'�� Chr712131TM1�2'On6E,
Miller
My xpires
No6276
Notary Public in and for the
State of�S
Tier 1 ROW Encroachment Agreement
Page 8 of l l
Updated 2024
11.11.`� V_l!1 �l�J :Z�11111''l�J �lU .� Il.`LU .� 111 lU l�J �111.y 91U►1 A''�
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 this2nd day of
March , 2025.
Wend" 9&tWd e15-
Wendy Bearcrslee (Apr 2, 2025 09:09 CDT)
Notary Public in and for the State of Texas
Tier I ROW Encroachment Agreement
(,I,�
Py PUe/WENDY L BEARDSLEE
pNotary Public
b[7 * STATE OF TEXAS
GGGVVVV�{ T� Notary I.D. 13323719-3
O My Comm. Exp. July 28, 2025 '
Page 9 of 11
Updated 2024
EXHIBIT A
Depiction and description of the Encroachment
Tier I ROW Encroachment Agreement
Page 10 of 1 I
Updated 2024
2939 Academy Way Project: Revision 1: 11.11.2024
Sacramento, California 95815 Boot Barn 4545 Fort Worth Revision 2: 1.28.2025
Revision 3:
Tel 916.927 0527 / 800.927 4762 Address Revision 4:
e-mall: sales@pacificneon.com 2405 North Main Street
www.pacificneon.com Fort Worth, TX 76164
SITE PLAN, EXISTING ELEVATION I ON
EXISTING ELEVATION
Ryan Drury Project No. Date caufornia nne za compbam
(916) 213.8223 ryan@paeifieneon.eom 240690-02 11.04.2024 u L Linea
Signa m be mannfaemred to u L specmeation:and wm Bear me u L wbeual
The sign is intended to be Installed inaccordance-h the requirements of
Article 600 of the National Elecbiwl Code and/or other apptcabl, local
codes This inclutles proper grounding and bonding of the sign
E1ectnca10-1,
Customer to provide primary dedicated e(e h-1 arcuit(sl with a separate
ground to the e(ecincal panel L E D Electronics to have a separate detlicated
120V complete arcuit (No-h d neutra) Common ground to electncal
panel acceptable
REMOVE EXISTING.
Copynght®2024 Sheet No.
All pnntand elecWnic art remains the sole copynghtetl property of —fic
Neon ComparryarM are not to be dnnbuted copied e-mailetl or(ransterretl
in any way wdhout pnor wntten release from Pacific Neon Company
2
EAST ELEVATION
FAST ELEVATION
LEASE LINE
I
L
Ryan Drury
(916) 213.8223
ryan@pacificneon.com
2939 Academy Way
Sacramento, California 95815
Tel: 916.927 0527 / 800.927 4762
e-mall: sales@pacificneon.com
www.pacificneon.com
EQUAL
32-61/2'
i
EQUAL
ILEASE LINE
I
4
11
IB.1M
BOOT BARN" will be painted on the NON ILLUMINATED AWNING
awning.
Project No. Date Cauforma Tit, 24 Compbant
240690-02 11.04.2024 uL L—d
Signs to be manufactured to U L Specibcetrons antl will bear the U L Label&)
Project: Revision 1: 11.11.2024 Thesign.a Intended tp be In (W ma«omanee wan me regwrem—of
Anide 600 of the National Electrical Cotle antl/or other applcabl, local
Boot Barn#545 Fort Worth Revision 2: 1.28.2025 coxes--cl.tles properg --g and--gof me sign
Revision 3: elern�calareart:
Address Revision 4: CP:comerm p—dm primary ded.eared e(--1wan .separate
2405 North Main Street ground b the eledncal panel L E D Electronics to have a separate detl¢atetl
Fort Worth, TX 76164 Lmv complete--t(No shares neanan commong -dto eleRncal
panel acceptable
T 06-0
I
I
I
I
I
I
I
I I
I I
I I
I I ,
I I
I I
I I
I I
I I
2'-0-MIN
DISTANCE
10'-0" STORE FRONTTO CURB
COPyngbt®2024
All pr,—nd elecWnic art remains the sole copynghtetl property of Paafic
Neon ComparryarM are not to be drtnbuted copied e-mailetl ortransterretl
in any way wdhout prior written release from Pacibc Neon Company
Sheet No.
3
EXHIBIT B
Certificate of Insurance
Tier I ROW Encroachment Agreement
Page 11 of 11
Updated 2024