HomeMy WebLinkAbout065882 - General - Contract - Georgian Oaks, LLCDate Received: 10/01/2026
Time Received: 4:01 p.m.
Record Number: PN26-00088
City Secretary No.: 65882
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 Georgian Oaks, 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 210 East 7th
Street, Fort Worth, Texas 76102 ("Property"), being more particularly described as, being
a 0.459 acre tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, Tarrant
County, Texas being all of Lots 9 and 10, Block 111, Original Town of Fort Worth, an
unrecorded addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed
Records, by Instrument Number D225102201; and
WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the
Property, which is dedicated by an unrecorded plat, and is depicted on the Brookes Baker
Map of Fort Worth, Texas, Centennial Edition 1949, page 2, and corresponds to the
City -owned right-of-way described herein; 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: OFFICIAL RECORD
AGREEMENT CITY SECRETARY
FT. WORTH, TX
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
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"A," but only to the extent shown thereon, for the purpose of constructing, installing, and
maintaining a blade sign (the "Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the 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
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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 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,
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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 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
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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 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.
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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
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]
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EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
By: Dalton Harrell (Oct 1,202611:54:07 CDT)
D. J. Harrell
Director, Development Services Department
10/01/2026
Date:
A FORT'Il4
ATTEST: !?Q oopdo
A 2p
°aanzAsda
bnooa4°
Jannette Goodall,
City Secretary
Approved As To Form and Legality
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
Contract Compliance Manager OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Licensee:
Georgian Oaks, LLC
a Texas limited liability company
by: O-SDA Georgian, LLC
a Texas limited liability company
its sole member
By: O-SDA Industries, LLC
a Texas limited liability company
its sole member
By:
4P)i 1NO/
Name: Megan L
Title: Sole Manager
Date: _ _ 2424
STATE OF 1-)c fs §
COUNTY OF I -W I S §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
kN& , on this day personally appeared PEE€ It N L SC'tt , SOL[VPCQ EZ°�'
(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 GEa RCS 140 Old 5� t1Ga
LiPA1TAD l jP'6)L%T (entity type), and in the capacity therein stated.
GdMfA14
GIVEN UNDER MY HAND AND SEAL OF -OFFICE this ) _ day of
2026.
Liiv( �� ABIGAIL PENNER
r`P,.��.. g V Notary Public. State of Texas.
sN5.py,rP5 Comm. Expires 07-12-2027
Notary Pub c in and for the Notary ID 132084368
State of fEXQcS
Tier I ROW Encroachment Agreement
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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 1st day of
October 2026.
Notary Public in and for the State of Texas
Audrey Lee Wallace
My Commis.slon CXPIF-e8
u 911412028
~`, Notary ID13SOB2586
Tier I ROW Encroachment Agreement
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EXHIBIT A
Depiction and description of the Encroachment
Tier I ROW Encroachment Agreement
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EXHIBIT "A"
ROW ENCROACHMENT AGREEMENT
SITUATED IN THEM BA UGH SURVEY, ABSTRACT NO. 106
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 0.000 of an acre tract of land situated in the M. Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant
County, Texas, being a portion of Calhoun Street, a 60 foot public right-of-way of the City of Fort Worth and a portion
of East Eighth Street, a 60 foot public right-of-way of the City of Fort Worth, and being more particularly described
by metes and bounds as follows:
COMMENCING at a mag nail found (GRID N:6,958,771.24, E:2,328,686.25) in the right-of-way of said East Eighth
Street; THENCE North 30°24'50" West, a distance of 5.00 feet to a point for the southwest corner of Lot 9, Block 111,
Original Town of Fort Worth, an unrecorded addition to the City of Fort Worth, the southeast corner of Lot 1, Block
111, of said Original Town of Fort Worth, and in the north right-of-way line of said East Eighth Street; THENCE North
59°34'50" East, with the north right-of-way line of said East Eighth Street and the south line of said Lot 9, a distance
of 100.00 feet to a point for the southeast corner of said Lot 9, at the intersection of the north right-of-way line of
said East Eighth Street and the west right-of-way line of said Calhoun Street and for the POINT OF BEGINNING, from
which a mag nail found bears South 30°24'50" East, a distance of 5.00 feet;
THENCE over and across said Calhoun Street and said East Eighth Street, the following courses and distances:
North 30°24'50" West, a distance of 1.54 feet to a point for corner;
South 75°26'57" East, a distance of 4.45 feet to a point for corner;
South 14°33'03" West, a distance of 2.33 feet to a point for corner;
North 75°26'57" West, a distance of 4.60 feet to a point for corner in the north right-of-way line
of said East Eighth Street and the south line of said Lot 9;
THENCE North 59°34'50" East, with the north right-of-way line of said East Eighth Street and the south line
of said Lot 9, a distance of 1.76 feet to the POINT OF BEGINNING and containing 9 Square Feet or 0.000
Acres of land more or less.
P:\3802-00-03\500 Land Surveying\506 Easements\3802-00-03 Sign Encroachment Legal Description 0.000 acres.docx
PAGE 1 OF 2
LOT 2 1
LOT
EXHIBIT "A"
ROW ENCROACHMENT AGREEMENT
M. BAUGH SURVEY, ABSTRACT No. 106
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
LOT 9, BLOCK 111
ORIGINAL TOWN
OF FORT WORTH
(UNRECORDED PLA T)
TRACT 1
CALLED 0.459 ACRES
210 E. 7TH STREET,
CC// D217292994
OPR TOT
N 5934'50" E 100.00'
EAST EIGHTH STREET
PO (60' RIGHT-OF-WAY)
MAG NAIL FOUND
NAD83 GRID ENCROACHMENT
N: 6, 958, 771.24 0.000 ACRES
E:2,328,686.25
(9 SQ. Fl)
LLC SEE (DETAIL
rt I
J MNF
ROW
LINE TABLE
LINE
BEARING
DISTANCE
Li
N 3024'50" W
1.54'
L2
N 5934'50" E
1.76'
L3
N 30'24'50" W
5.00'
L4
S 30'24'50" E
5.00'
I, LON E. WHITTEN, A REGISTERED PROFESSIONAL LAND SURVEYOR
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.
LON E. WHITTEN DATE: JUNE 16, 2026 • ....E. WRITTEN .
REGISTERED PROFESSIONAL LAND SURVEYOR 5893
TEXAS REGISTRATION NO. 5893
SUR�
_ s
L2 3r sus
5
DETAIL
SCALE: 1"=5'
Bearings and coordinates are grid based on the "Texas Coordinate System of
1983, North Central Zone" as determined by GPS observations. All distances
have been adjusted to surface using a combined scale factor of 1.000138156407.
LEGEND/ABBREVIATIONS
POC POINT OF COMMENCING
POB POINT OF BEGINNING
MNF MAG NAIL FOUND
OPRTCT OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS
ESMT. EASEMENT
mlmI
a
chill engineering aurveying landecape architecture planning
tbpels registration number: f — 2759
tbpels registration/license number: 10088000
519 east border
a r l i n g t o n, texas 7 6 0 1 0
817-469-1671
fax: 817-274-8757
w w w. m m a t e x a s. c o m
DATE: osL15Z2_Q SCALE: __1"=20'__ DRAWN BY: _BNB _ CHECKED BY:_±P_ JOB. NO.: 9903
PAGE 2 OF 2
EXHIBIT B
Certificate of Insurance
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