HomeMy WebLinkAboutContract 63148Date Received: 4/21/2025 Record Number: PN25-00012
Time Received: 3:56 p.m. City Secretary No.: 63148
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER 11
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 Northland Developments (Ft
Worth), Inc., a Texas Corporation ("Licensee"), acting by and through its duly authorized
agent.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 810 Houston
Street, Fort Worth, Texas 76102 ("Property"), being more particularly described as, Lot
1R, Block 5, of Hirschfield Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D218164649; 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-004-068),
which plat is recorded in the plat records of Tarrant County as Instrument D204367408;
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 vault (the "Encroachment"). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining the
Tier II ROW Encroachment Agreement Page 1 of 11
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 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 restore the Public Property, Licensee hereby gives City permission to
Tier II ROW Encroachment Agreement Page 2 of 1 I
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.
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
Tier II ROW Encroachment Agreement Page 3 of 11
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. 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 II ROW Encroachment Agreement Page 4 of I I
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
Tier II ROW Encroachment Agreement Page 5 of 11
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
Z;=:--
By: Dalton Harrell (Apr 21, 202512:51 CDT)
D. J. Harrell
Director, Development Services Department
Date: Apr 212 2025
pF FORr�°a
ATTEST:
d
PV8 o=d
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 (Apr 21, 2025 12:36 CDT)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier 1I ROW Encroachment Agreement Page 7 of 11
Licensee:
Northland Developments (Ft Worth), Inc.
a Texas Corporation
y: —
Name: cott Harwood
Title: Director of Development
Date: 1(c ( m) -202�5
STATE OF
COUNTY OF `'\fVc�
13 RE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Scott Harwood, Director of Development
i e , 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 Northland Developments (Ft
Worth), Inc., a Texas Corporation (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
r
-A1-)r
r1 i , 2025.
tl�
ary Public in and f r the/�9 G�c�// �nnnnnnnnumullulllllluumunnnnnunnnnnnunnlMl
_ �Pr a�B EDWARD C GRAVES SR
State of r l �j ;o� Notary ID #133565603
My Commission Expires
February 1, 2026
1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllll�I
1KM�\1��1��lJr�N41l1J[lda9i<11PirrlyDllA'�M�itii�
Tier II ROW Encroachment Agreement Page 8 of I I
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 21st day of
April , 2025.
CO : APR P'&;'0
Notary Public in and for the State of Texas % O
s _
dOr
OF
-
�Q �
'/I03f 29 20````�♦♦
Tier II ROW Encroachment Agreement Page 9 of I I
EXHIBIT A
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 10 of 11
THE CITY OF FORT WORTH, TEXAS
PAVING & LIGHTING IMPROVEMENTS TO
SERVE
SANDMAN HOTEL
SITE LOCATION MAP
MAPSCO #077-A
CPN 103885
SORT WORTH
PAVING AND STREET LIGHT
OWNERIDEVELOPER
NORTHLAND PROPERTIES
IMPROVEMENTS TO SERVE SANDMAN
310-1755 W BROADWAY
HOTEL
VANCOUVER, BC VJ6 4S5
IPRC RECORD NO IPRC22-0007
CITY PROJECT NO 1031385
SITE LOCATION MAP
SCALE: 1 "=200'
ENGINEER:
Kimley>))Hom
260 E DAMS ST
SUITE 100
MCKINNEY, TX 75069
LEGAL DESCRIPTION
ENCROACHMENT
BEING a 0.0063 acre (274 square foot) tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of
Fort Worth, Tarrant County, Texas; said tract being a portion of West 8th Street (a 60' right-of-way); said tract being
more particularly described as follows:
BEGINNING at a point for corner in the northwest right-of-way line of said West 8th Street and the southeast line of
Lot 1 R, Block 5, Hirschfield Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A,
Slide 9713, Plat Records, Tarrant County, Texas, from which a mag-nail set with a washer stamped "KHA" bears
South 60°00'00" West, a distance of 3.47 feet, said mag-nail being the south corner of said Lot 1 R;
THENCE North 60°00'00" East, along the said northwest right-of-way line of West 8th Street and the said southeast
line of Lot 1 R, a distance of 33.00 feet to a point for corner, from which a building corner found bears North 60°00'00"
East, a distance of 163.26 feet, said building corner being the east corner of said Lot 1 R;
THENCE South 29°54'12" East, departing the said northwest right-of-way line of West 8th Street and the said
southeast line of Lot 1 R, a distance of 8.32 feet to a point for corner;
THENCE South 60°05'48" West, a distance of 33.00 feet to a point for corner;
THENCE North 29°54'12" West, a distance of 8.26 feet to the POINT OF BEGINNING and containing 274 square
feet or 0.0063 acres of land, more or less.
NOTES
Bearing system based on a bearing of North 60°00'00" East for the northwest line of Lot 1 R, Block 5, Hirschfield
Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 9713, Plat Records,
Tarrant County, Texas. A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
ENCROACHMENT
MITCHELL BAUGH SURVEY,
�30 04/01 /2025
.�..or F � • TF
ABSTRACT No. 106
STANLEY CRAWFORD RUSSELL
Q. � k
�'• �` •''
CITY OF FORT WORTH
REGISTERED PROFESSIONAL
• ••••••••••••••••••••••••••••••
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 7080
STANLEYCRAWFORDRUSSELL
•••••..••••••••....•.•••••••••••••
801 CHERRY STREET,
UNIT 11 SUITE 1300
-P 7080�V'FORT
Kimley*Horn
WORTH, TEXAS 76102
/1%' F e s s % .
O ••S
801 Cherry Street, Unit 11, # 130Tel. No. (817) 335$511
PH, 817-335 6511
OM
Fort Worth, Texas 76102 FIRM # 10194040 v i.kimley-hom.com
StanC.Russell@Kimley-Horn.com
Scale I Dram by I Checked by I Date
I Proiecl No. I Sheet No.
N/A SCR MCB 04/01/2025
1 064472302 1 1OF2
RUSSELL, STAN C 4/1/2025 2:20 PM \U(IMLEY-HORN\CN_FTWtFTW_SURVEY\064472302-810 HOUSTON STREET\DWG b64472302-816 HOUSTON STI2EET_DUCYtNCROACH MENT.DWG
W
LLU
n'
U)
Z
O'L
I— o
ry ~
O"
0
Y
U
O
ry
2
MNS
P.O. B. -
N29°54'12"W
8.26'
r1r•1r:w
LEGEND
P.O.B. = POINT OF BEGINNING N
MNS = MAG NAIL SET WP'KHA" WASHER ORTy
0 10 20
GRAPHIC SCALE IN FEET
LOT 1 R, BLOCK 5
HIRSCHFIELD ADDITION
(CAB. A, SL. 9713)
-S60'00'00"W ENCROACHMENT
3.74' 0.0063 ACRES
274 SQ. FF TR. BUILDING CORNER
FOUNDN60°00'00"E 33.00' N60°00'00"E 163.26'
/Z
j/-S29'54'12"E
8.32'
S60°05'48"W 33.00'
W 8TH STREET
(60' RIGHT-OF-WAY)
Bearing system based on a bearing of North 60°00'00" East for the northwest line of Lot 1 R, Block 5, Hirschfield
Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 9713, Plat Records,
Tarrant County, Texas. A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
ENCROACHMENT
<�30 MITCHELL BAUGH SURVEY,
,��••oF•• rF ABSTRACT No. 106
04/01/2025 �Q.;�G\STER
STANLEY CRAWFORD RUSSELL;• •� o : CITY OF FORT WORTH
REGISTERED PROFESSIONAL ••••••••••••••••••......•••••••••• TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 7080 STANLEY CRAWFORD RUSSELL
801 CHERRY STREET, •••..••.••••••••.•.••••••••••••• Kim1qy)))Horn
UNIT 11 SUITE 1300 0 7080�P;�FORT WORTH, TEXAS 76102 iti' �ES S y801 Che ry Slreel, Unil 11, Tel. No. (817) 335-6511
PH. 817-335-6511
O ••V URv Fort Worth, Texas 76102 FIRM # 10194040 %my.kimley-hom.com
Scale Dram by Checked by Date Project N
Sh o. eet No.
StanC.Russell@Kimley-Horn.com 1'/I SCR I MCB 04/0112025 064472302 20F2
RUSSELL, STAN C 4/1/2025 2:20 PM \\KWtF IMLEY-HORN\CN_FTfW SURVEY\064472302-810 HOUSTON STREET\DWG1064472302-810 HOUSTON S 12EET_DUCi fvCROACHME T.DWG
EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 11 of 11