HomeMy WebLinkAbout064212 - General - Contract - Tarrant County Hospital District10/30/2025 Date Received: -------
Time Received: 1:55 p.m. -------
Record Number: PN25-00107
. 64212 City Secretary No.: _____ _
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC RIGHT-OF-WAY PROPERTY
This TEMPORARY ENCROACHMENT AGREEMENT FOR USE OF
RIGHT -OF-WAY PUBILC PROPERTY ("Agreement") is made and entered into by
and between the City of Fort Worth, a home-rule municipal corporation of the State of
Texas ("City"), acting herein by and through its duly authorized Building Official, and
Tarrant County Hospital District, a public facility corporation ("Licensee"), acting by
and through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of certain real property described as 1575
Main Street, Fort Worth, Texas 76104, ("Property"), being more particularly described
as, Lots A-1-R and A-2-R, Block T, of Rosedale Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Numbers
D204387477 and D208296017; and
WHEREAS, the City owns a right-of-way easement (the "Public Property")
adjacent to the Property, dedicated by plats, depicted on the final plats of the property
(FS-22-083 and FS-05-205), which plats are recorded in the plat records of Tarrant
County as Instrument D222189469 and D205388935; and
WHEREAS, Licensee desires the placement of a temporary ambulance services,
which will include signs, parking spaces, parking blocks, retaining wall, screening wall
and conduit within the public right-of-way which will encroach in, on, and above 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:
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC ROW PROPERTY
Standard
Page I of 11
WITNESSETH:
1.
For and in consideration of the payment by Licensee of the charges set out below
and the true and faithful performance of mutual covenants herein contained, City hereby
grants to Licensee permission to temporarily encroach upon, use and occupy a portion of
the space under, on and/or above the public right-of-way easement for a temporary
ambulance bay, which will include signs, parking spaces, parking blocks, retaining wall,
screening wall and conduit within the public right-of-way. The location and description
of said encroachment is more particularly described in Exhibit "A" attached hereto,
incorporated herein and made a part hereof for all purposes.
2.
All use and occupancy of the public right-of-way easement under this Agreement
shall be in strict compliance with the Charter, Ordinances and Codes of the City of Fort
Worth and in accordance with the directions of the Building Official and the Director of
Transportation and Public Works of the City.
3.
Upon expiration of this Agreement and the privileges granted hereunder, there
shall be no encroachment by Licensee in, under, on or above the surface of the public
right-of-way easement, including, but not limited to trees, markings, curbs, gates, fences,
or any other improvements.
4.
Licensee agrees to pay an encroachment fee for the temporary privilege of encroaching
upon the public right-of-way easement in the amount of $2.25 per linear/square Footage.
Said fee is calculated in the manner and amount prescribed by the Building Code of the
City of Fort Worth for temporary use or occupancy of public property.
5.
Licensee, at no expense to the City, shall make proper provision for the relocation and/or
installation of any existing or future traffic control devises or other improvements
affected by such encroachment, use and occupancy, including the securing of approval
and consent from 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
traffic control devise or improveinent owned or constructed by or on behalf of the public
or at public expense is made more costly by virtue of the existence of such encroachinent
and use, Licensee shall pay to City an additional amount equal to such additional cost as
determined by the City.
TEMPORARY ENCROACHMENT AGREEMENT Page 2 of 11
FOR USE OF PUBLIC ROW PROPERTY
6.
The term of this Agreement shall be terminated 5 years from the date this
agreement is executed, provided, however, should the need for the encroachment granted
hereunder at any time cease, Licensee agrees to immediately notify City of such
condition; and, upon receipt of such notice by the Building Official of the City of Fort
Worth, this Agreement shall terminate.
7.
It is expressly understood and agreed that this Agreement is for a temporary
encroachment in, under, over and upon the public right-of-way easement located and
described in Exhibit "A". This Agreement shall not be construed as granting a permanent
easement, encroachment or license upon City's public streets, alleys, sidewalks, or other
rights-of-way, nor shall this Agreement be construed as vacating the public right-of-way
easement.
8.
City, through its duly authorized representatives, shall have the full and
unrestricted right to enter upon the public right-of-way easement at any time, for any
purpose, including making inspections to determine compliance with the terms,
covenants and conditions of this Agreement. In the event that any inspection should
reveal a breach of any terms, covenants or conditions herein, City shall give Licensee
notice of such breach. Should such breach not be corrected by Licensee within twenty-
four (24) hours of receipt of the notice, or within such shorter period of time as deemed
necessary by the Building Official for the protection of public health or safety, City may
terminate and cancel this Agreement.
9.
Upon expiration or termination of this Agreement for any reason whatsoever,
Licensee shall, at no expense to City, restore the public right-of-way easement 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, and
Licensee shall remove all signs, parking spaces, parking blocks, retaining wall, screening
wall, conduit, barricades, equipment, supplies, materials or other property from said
location. Licensee further covenants and agrees that for a period of one (1) year after the
termination of this Agreement, Licensee will repair all conditions or damages to the
public right-of-way easement that has resulted from Licensee's use or occupancy of the
public right-of-way easement, as determined by the Director of Transportation and Public
Works or his designee. Licensee agrees to begin such repairs within thirty (30) days of
receipt of notice from the Director of Transportation and Public Works or his designee.
All repairs shall be performed in an expeditious and workmanlike manner and shall
comply with all applicable laws, code, ordinances and City specifications.
TEMPORARY ENCROACHMENT AGREEMENT Page 3 of 11
FOR USE OF PUBLIC ROW PROPERTY
10.
In the event that Licensee fails to comply with the covenants herein contained
with respect to such removal or restoration, the City shall have the right to remove or
dispose of any signs, parking spaces, parking blocks, retaining, wall screening wall and
conduit, barricades, equipment, supplies, materials or other property and repair any
conditions which in the opinion of the City are necessary to bring the public right-of-way
easement to the condition prescribed herein, and City shall not be responsible for trespass
or any other damage or liability in connection with such removal or restoration. Licensee
shall reimburse City for the cost and expense of such removal and/or repairs immediately
following billing for same by City.
11.
Nothing herein shall be construed as a waiver by City to enforce penal sanctions
prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for
Licensee's continued encroachment upon the public right-of-way easement following the
expiration or tennination of this Agreement.
12.
If the governing body of City, to wit, its City Council, shall at any time during the
term hereof determine in its sole discretion to use or cause or permit to be used for any
public purpose the said encroached portion of the public right-of-way easement, then this
Agreement shall be automatically cancelled and terminated.
13.
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 encroachments and uses.
14.
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.
15.
Licensee covenants and agrees that it shall exercise all rights and privileges
granted hereunder as an independent contractor, and not as an officer, agent, servant or
employee of City; that Licensee shall have exclusive control of and the exclusive right to
control the details of its operations and activities on said described public property and all
TEMPORARY ENCROACHMENT AGREEMENT Page 4 of 11
FOR USE OF PUBLIC ROW PROPERTY
persons performing satne, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees and invitees;
that 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.
16.
TO THE EXTENT ALLOWABLE BY LAW, LISENSEE COVENANTS AND
AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYE�S FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJiJRY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACT�R, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
OCCUPANCY, USE EXISTENCE OR LOCATION OF SAID 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 CITY; AND LICENSEE HER�BY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. LICENSEE
SHALL LIKEWISE ASSUM� ALL LIABILITY AND RESPONSIBILITY AND
SHALL INDEMNIFY CITY FOR ALL INJURY OR DAMAGE TO CITY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS
OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES
OR TRESPASSERS.
17.
Licensee agrees to furnish City with a Certificate of Insurance, naming City as
certificate holder, as proof that it has secured and paid for a policy of public liability
insurance covering all public risks related to the proposed use and occupancy of the
public right-of-way easeinent as located and described in Exhibit "A". The amounts of
such insurance shall not be less that the following:
$1,000,000
With the understanding of and agreement by Licensee that such insurance
amounts shall be revised upward at City's option and that Licensee shall so revise such
amount immediately following notice to Licensee of such requirement. Such insurance
policy shall provide that it cannot be cancelled or amended without at least thirty (30)
days prior written notice to the Building Official of the City of Fort Worth. A copy of
TEMPORARY ENCROACHM�NT AGREEMENT Page 5 of 11
FOR USE OF PUBLIC ROW PROPERTY
such Certificate of Insurance is attached hereto as Exhibit "B" and incorporated herein by
reference.
Licensee agrees, binds and obligates itself, 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 all encroachments and the restoration of the public
right-of-way easement. All insurance coverage required herein shall include coverage of
all Licensee's contractors.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without prior written approval of City, and any
attempted assignment without such prior written approval shall be void.
19.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
20.
Should any action, whether real or asserted, at law or in equity, arise out of the
terms and conditions of this Agreement or out of the use and occupancy of and public
right-of-way easement as permitted hereunder, venue for said action shall be in Tarrant
County, Texas.
21.
In any action brought by City for the enforcement of the obligations of Licensee,
City shall be entitled to recover interested and reasonable attorney's fees.
TEMPORARY ENCROACHMENT AGREEMENT Page 6 of 11
FOR USE OF PUBLIC ROW PROPERTY
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
:Datton HarreU BY: Dalton Harrell 1oct 29 202s B:3B:36 coTl
D.J. Harrell
Director, Development Services Department
Date: 10/29/2025
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.
Kandice Merrick
Development Services Manager
TEMPORARY ENCROACHMENT AGREEMENT FOR USE OF PUBLIC ROW PROPERTY Page 7 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 29th day of
October 20 25
�
l�✓e�,�'�=�����s�'e
Notary Public in and for the State of Texas
� 1Nendy Beards�lee
My Cammisslon �x�rites
* 712812D29
Notary I�p133237193
TEMPORARY ENCROACHMENT AGREEMENT Page 8 of 11
FOR USG OF PUBLIC ROW PROPERTY
Licensee:
Tarrant County Hospital District
a public fac'lity corporation
By: '� ��� —
L'�1ame: Jill Farrell
��/
Title: SR EVP, Chief Operations Officer
�
Date: �`� I2 2 I 2�
STATE OF '��'��
COUNTY OF �(� V r�l�V1.�
�
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
-�f �Ct S , on this day personally appeared � i � � -t-'�r�t.� �,
S�� ��, �D � (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
�� t�+�.i�i� �ov�� a �S n� -�- (entity type), and in the capacity
therein stated.
GIVEN UNDER MY
O , 202 �
C ,c�.c_ ti-��
Notary P lic in and for the
State of �-Q-�
HAND AND SEAL OF OFFICE this ��- day of
;��'YP,�`; Suzanne Barnes
�►;�, e
/�i� = Notary Public
`•*t ,*; STATE OF TEXAS
':�q•.,��.�rg: Notary ID #124t7257•2
'•.?�or'�� MyComm.Exp.08/06J2026
..�,,.,
TEMPORARY ENCROACHMENT AGREEMENT Page 9 of 11
FOR USE OF PUBLIC ROW PROPERTY
ENCROACHMENT
EXHIBIT "A"
TEMPORARY ENCROACHMENT AGREEMENT Page 10 of 11
FOR USE OF PUBLIC ROW PROPERTY
i�
E�
.' - wa o
` � N
�- o
N
C ' m n
Ea � :
. z
o°��.E o v rc
- U
F �� n � 1-
II �
�
1
�
`�,
c�
z
z
Q_
� � �
> Z Z
J � �
^ � �
� �
V �
�
EXHIBIT "A"
"ENCROACHMENT OF S. MAIN STREET"
BEING 1,359 square feet of land, situated within and being a portion of the
Right-of-Way of S. Main Street, City of Fort Worth, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a mag nail with tag stamped "Ringley & Assoc. RPLS 4701 ", found at the
southwest comer of Lot A-1-R, Block T, Rosedale Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as filed in Instrument #D222189469, Plat Records of Ta�rant
County, Texas (P.R.T.C.T.), also being the northwest comer of said Lot A-2-R, Block T,
Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in
Cabinet A, Slide 10768, P.R.T.C.T., and being in the east Right-of-Way (R-O-W) line of said
S. Main Sh�eet (variable width), from which a 1/2 inch iron rod with cap stamped "RPLS
4701", found in the east R-O-W line of said S. Main Street, also being in the west line of
said Lot A-1-R, bears N 00°30'08" W, a distance of249.63 feet;
THENCE S 00°30'08" E, along the west line of said Lot A-2-R, and along the east R-O-W
line of said S. Main Street, a distance of 1.13 feet;
THENCE leaving said line, passing over and across said S. Main Street, the following
courses, and distances;
N 90°00'00" W, a distance of 8.30 feet;
S 14°28'17" E, a distance of 34.38 feet to the west line of said Lot A-2-R, also
being in the east R-O-W line of said S. Main Street;
THENCE S 00°30'08" E, along the west line of said Lot A-2-R, and along the east R-O-W
line of said S. Main Street, a distance of 49.18 feet;
THENCE leaving said line, passing over and across said S. Main Street, the following
courses, and distances;
S 89°31'43" W, a distance of 5.33 feet;
N 00°27'23" W, a distance of 44.38 feet;
N 14°28'17" W, a distance of39.39 feet;
N 00°00'00" E, a distance of 7.74 feet;
N 89°31'43" E, a distance of 5.22 feet;
N 00°28' 17" W, a distance of 80.26 feet;
Sheet I of3
JPS 23522
N 89°30'49" E, a distance of�.48 feetto the west line of said LotA-1-R, also being
in the east R-O-W line of said S. Main Street;
THENCE S 00°30'08" E, along the west line of said Lot A-1-R, and along the east R-O-W
line of said S. Main Street, a distance of 86.99 feet to the POINT OF BEGINNING and
containing 1,359 square feet or 0.031 of an acre of land.
� ' �
r= -LI.� so, �
Titleron W. Sims, R.P.
Texas Registration No.
Surveyed on the ground April 28, 2024
'� • � F'• TF
P.�� � � RFo 9
. � 'ts
THERON � W�� SIMS ���
�� � ,.A Y..
;;o,...ss's�" ,
su
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 locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.000148415 was used to scale grid coordinates and
distances to surface.
2. Integral parts ofthis survey:
a. Legal Description & Sketch
JPS 23522
Sheet 2 of3
JPS 23522
a� o
-� --:Ay� I -: : f.l
I'-1a IG �]t0
Q:: �!) I;
0 0 1!1 AO..t:5
A"(.j� (.) tOi-:
I a;
s:c', .JQ:: C.�����a
� a0fd
sG�q::: o0
ti': : 0 Ql
A
NOTES:
1/2" /RF WITH CAP 1) Bearings of lines shown hereon refer to Grid North of the
STAMPED "RPLS 4701" Texas Coordinate System of 1983 (North Central Zone;
(CONTROL MON.) NAD83(2011) 2010.00) as derived locally from Alllerra
Central's Continuously Operating Reference Stations
(CORS) via Real Time Kinematic (RTK) methods. An
average Combination Fador of 1.000148415 was used to
70.0' scale grid coordinates and distances to surtace.
J
FELIKS
GWOZDZPL
A�
V� A
AA
I
..., o)
0
Qi::i:: vii-:,
Q). AA
....�E -�::
i- cq lo.:
�, t:: �t�
t5Q
o..e
�: a
0§�
A
7C
THERON W. SIMS, R.P.L....
TEXAS REGISTRATION N0.
Date: June 30, 2025
Surveyed on the ground
April 28, 2025
�4
AA A
fQ
�pt�>
AA
���,���
�9�
C��
LB
D
Y�A
c �s
A ia
, �
3:�A
o � �.
o -
�, ��
��
e
L11 j �J
C
f']
2) Integral parts of this survey:
a. Legal Description
b. Skelch
R-O-W
ENCROACHMENT
(1,359 S.F.)
SCALE: 1 "=50'
LINE #I
L1
L2
L3
L4
LS
L6
L7
L8
L9
L10
L11
L12
LINE TABLE
DIRECTION
S00"30'08"E
N9o�oo�oo"w
S 14'28' 17"E
S00'30'08"E
S69"31 '43"W
N00"27'23"W
N 14"28' 17"W
�00"00'00"E
N89'31'43"E
N00'28'17"W
N89'30'49"E
s00•30•08"E
1.13'
8.30'
34.38'
49.18'
5.33'
44.38'
39.39'
7.74'
5.22'
80.26'
9.48'
86.99'
LOT A-9-R,. BLK. T
ROSEDALE ADDITION
INST. #D222189469
P. R. T. C. T.
� i
TARRANT COUNTY HOSPITAL DISTRICT
INST. #020829(5017
D.R. T. C. T.
%rH TAG STAMPED ONCOR ELEC. ESM'T.
& ASSOC. RPLS INST. #0215014630
ONTROL MON.) D.R.T.C.T.
ACCESS ESM'T. (Paroel C-2)
VOL. 12523, PG. 2391
D.R. T. C.T.
------ ----- ._ '�� i;:-
TXU ELEC. ESM'T. I I .
INST. #0205389752 � �� �
D. R. T C.T. _
I
I L�
� •
f5.5'x9' WATER ESM'T. I ai
CAB. A, SLlDE 10758
P. R. T. C. T. I :�-'-°7 A:
LOT A-2-,-R, BLK. T
ROSEDALE ADDITION
CAB. A, SLIDE 10768
A AT. AT.
TARRANT C0. HOSPITAL DIST.
VOL. 14007, PG. 232
aRr, cr.
...................
.0 5ss7 ,
••r o o,•-
•- , , —�o -
I �,
I t:JLlll..cj
n n I AA� ic:i
EXHIBIT A � � � .-
ENCROACHMENT OF §'
S. MAIN STREET
Situated within and being a portion of the Right-of-Way of
S. Main Street, City ofFort Worth, Tarrant County, Texas.
teague nall & perkins
� �'OB No. JPS 23522
-n--. 5237 N. Riverside. Drive, Suite
00
rt Worth, Texas 76137
817.336.5773 ph 817.332.7756 fx
www.tnninacom/ TBALS Registration No. 100116-OQ SHEET 3 OF 3
1,359 SF Encroachment of S.Main Sf- JPS 23522.dwg
O
J
MAG NAIL Wi
i4lNGLEY l
4701 " (C�
�887
J
: ,d.
� t::: J
J t.�.
�. o F..1
\STF
,�P'�� � RE'o;f
�i t � ,
.........................
niERON w. siMs
�Y•
.�
�° �suR��J
EXHIBIT B
INSURANCE
TEMPORARY ENCROACHMENT AGREEMENT Page 11 of 11
FOR USE OF PUBLIC ROW PROPERTY