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HomeMy WebLinkAbout066001 - General - Contract - Denton County Electric Cooperative, Inc. dba CoServ ElectricDate Received: 10/7/2026 Record Number:PN26-00130 Time Received: 9:20 a . m . City Secretary No.: 66001 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Denton County Electric Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, pursuant to that certain Electric Line Easement and Right -of -Way, dated to be effective as of July 6, 2026, and recorded as Instrument No. 2026-80158 in the Official Records of Denton County, Texas (the "Easement Agreement"), Licensee is the beneficiary of certain easements, rights and privileges with respect to certain property described in the Easement Agreement (the "Easement Property"); and WHEREAS, the City owns a 20' sewer easement (the "Public Property"), dedicated to the City pursuant to that certain Final Plat of Greenway Addition recorded as Instrument Number 2025-370; 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 CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 11 Revised 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 the attached Exhibit "A," which is incorporated herein for all purposes but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining an underground electric line (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." 4 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 applicable 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 facilities 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 Tier 11 Easement Encroachment Agreement Page 2 of II Revised 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. Upon termination of this Agreement. Licensee shall, at the option of and at no expense to the City, either remove the Encroachment entirely from the Easement Property 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 or abandon the Encroachment in place by filling it with grout which will prevent the Encroachment from any future use. Any such removal of the Encroachment shall be in accordance with then -existing applicable 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 to the extent the Public Property was damaged by Licensee in connection with its removal of the Encroachment. Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property at Licensee's sole cost and expense. 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 ($1,012.50). 7. The term of this Agreement shall continue for as long as the Encroachment is being utilized by Licensee, commencing on the date this Agreement is fully executed by the parties. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement, provided, 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 Tier II Easement Encroachment Agreement Page 3 of I I Revised 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 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 RELATED TO THE ENCROACHMENT. 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 Licensee 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 Tier II Easement Encroachment Agreement Page 4 of II Revised 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 here 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. 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. Tier 11 Easement Encroachment Agreement Page 5 of ii Revised 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 Licensee conveys the Easement Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Easement 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. Any cause of action for breach of this Agreement shall be brought in Denton County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. 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 II Easement Encroachment Agreement Page 6 of II Revised City: CITY OF FORT WORTH By: Dalton Harrell(Oct 6, 2026 10:06:33 CDT) D. J. Harrell Director, Development Services Department 10/06/2026 Date: pp 44QIl a o FORT�ad ATTEST: >� ° ��9►°PP Ov� o=d .Jokes PPp* a° o *�C C aan� nEXP?o Jannette Goodall, City Secretary Approved As To Form and Legality Tayler Canton 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 Tier II Easement Encroachment Agreement Page 7 of I I Revised Licensee: DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC, a Texas electric cooperative corporation By: Name: Greg and Title: Chief Operating Officer Date: STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Greg Ward, Chief Operating Officer of Denton County Electric Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation, 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 said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2/" day of Pr�BF,e , 2026. Notary Public in and for the State of Toms :�``wy ," LANCE TAHCHAWWICKAH ;ez'zNotary Public, State of Texas "' rF Comm. Expires01-04-2030 'qNotary ID 13351480-1 9 Tier II Easement Encroachment Agreement Page 8 of II Revised 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 6t day of October 2026. Notary Public in and for the State of TexasEekdrey Lee 'apac1 Gcamngn�IS"lon ExplVes911W24c9 taty ID1350 2586 9 Tier II Easement Encroachment Agreement Revised Page 9 of 11 EXHIBIT A Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 10 of 11 Standard o -8s •m O n CDCD y CD C 3 a a CO m°n. c CDC8 CD a m O d DC CD C' map d C ...0 0 O 0 zzzzzzzzzzz Z Z Z Z Z Z Z Z Z D < C C C C<<< C<< CppCCCa7CC A O O CD CD M W O)N 0) 0) O 000 W 6)cn0)O rn 1� A OOLi A Aa c O0 O Zrnov rn CD O 0 O0 O O C) m 0 O ;� m m m N Z q Z/ m 3 D C) 11 y Z Z Z Z Z Z Z Z Z O C C C C C C<<< ppJCCC w (0OOOpO'T JO)0) 4 O -U - -u C7 i W � � N N A � CO O CD- W i W W O? O = d1 z —.Q---.CT) O Av W � O v7 WOLFF XING 3 m > � __Cu Z0 O A z BLACKWATER-TR W W i r �\ m \, w Of \ _o 1 Z \ M W Q W C7 PVC DIRECTIONAL BORES 9/7/2010 REVISED 6/22/2011 STANDARD NUMBER UR3-PVC ENCROACHMENT #1 Charles Tydings Survey, Abstract No. 1276 City of Fort Worth, Denton County, Texas LEGAL DESCRIPTION Being a 0.0037 acre tract of land out of the Charles Tydings Survey, Abstract Number 1276, situated in the City of Fort Worth, Denton County, Texas, being a portion of Lot 3, Block A of Greenway Addition, a subdivision of record in Document Number 2025-370 of the Plat Records of Denton County, Texas and being a portion of a 20' Sewer Easement of record in Document Number 2025-370 of said Plat Records and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the North line of Lot 1, Block 1 of DHL Addition, a subdivision of record in Document Number 2020-163 of said Plat Records, being the Southeast corner of Lot 2, Block A of said Greenway Addition, also being the Southwest corner of said Lot 3; THENCE, N89°48'55"E, along the North line of said DHL Addition, being the common South line of said Lot 3, a distance of 84.27 feet to a 1/2 inch iron rod with yellow plastic cap stamped "GEONAV" found; THENCE, N45°43'18"E, leaving the North line of said DHL Addition, over and across Lot 3, a distance of 40.93 feet to a point in the South line of said 20' Sewer Easement, for the POINT OF BEGINNING; THENCE, N00°10'43"W, over and across said 20' Sewer Easement, a distance of 20.00 feet to a point in the North line of said 20' Sewer Easement; THENCE, S89°14'47"E, along the North line of said 20' Sewer Easement, a distance of 8.00 feet to a point; THENCE, S00°10'43"E, over and across said 20' Sewer Easement, a distance of 20.00 feet to a point in. the South line of said 20' Sewer Easement, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the Southeast corner of said Lot 3 bears S67°13'12"E, a distance of 78.92 feet; THENCE, N89°14'47"W, along the South line of said 20' Sewer Easement, a distance of 8.00 feet to the POINT OF BEGINNING and containing an area of 0.0037 acres (160 square feet) of land. Bearings are based on GPS observations utilizing the AilTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Patrick Mallon R.P.L.S. # 7170 �Q`1�v15TcRF.—I� '�. * ° .cP PATRICK ANTHONY•MALLON 7170 •Q- �Sfo' M d5-I$-aoa� ENCROACHMENT #1 Charles Tydings Survey, Abstract No. 1276 City of Fort Worth, Denton County, Texas TYp�NGs SURVEY , C�iA Ag TRACT Np 1276 LOT 2 PORTION OF A - BLOCK A CALLED 380.796 ACRES GREEN WAY ADDITION MCKELVEY-COLE, L.P. DOC. NO. 2025-370 DOC. NO. 2014-79019 P.R.D.C.T. O.R.D.C.T. LOT 3 BLOCK A GREENWAY ADDITION DOC. NO. 2025-370 P.R.D.C.T. ENCROACHMENT #1 0.0037 ACRES (160 SQ.FT.) L2 20' SEWER EASEMENT DOC. NO. 2025-370 P.R.D.C.T. LTiii 4 ti CIRS N 89°48'55" E 84.27' 17' REMAINDER OF 25' PRIVATE DRAINAGE EASEMENT DOC. NO. 2025-370 P.R.D.C.T. PARTIALLY ABANDONED BY DOC. NO. 2026-21859 O. R. D.C. T. 1/2" CIRF "GEONAV" LOT 1, BLOCK 1 DHL ADDITION DOC. NO. 2020-163 P.R.D. C.T. NOTE: Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2 OF 2 PROPOSED COSERV EASEMENT CIRS LINE TABLE LINE BEARING DISTANCE L1 N 00°1043" W 20.00' L2 S 89° 1447" E 8.00' L3 S 00°1043" E 20.00' L4 N 89°14'47" W 8.00' N 1"=30' 0 15 30 LEGEND p BOUNDARY MONUMENT CIRF CAPPED IRON ROD FOUND CIRS 1/2" CAPPED IRON ROD SET STAMPED "EAGLE SURVEYING" FOB POINT OF BEGINNING POC POINT OF COMMENCEMENT DOC. NO. DOCUMENT NUMBER O.R.D.C.T. OFFICIAL RECORDS. DENTON COUNTY. TEXAS P.R.D.C.T. PLAT RECORDS, DENTON COUNTY, TEXAS co M0�1 008 008 W O J z FT I ry W Q N J U_ d U) ED U) O U z 0 F- ry 0 uJ (f) z_ H- z N U) O U U N OCL W J : N a) w >�I CO O I N a)• Un a) — s U E a) Co a) L O - �LC) a) .2-3 --t C0_ Co . N N Q a) W C N M N I— aim>a) 0 - c CO - z I— 0 -CE --- U) O OO u. ry O cr � Li. � WC z00 oz <O0 Z >- H- < z�� :oc:L EXHIBIT B Certificate of Insurance Tier 11 Easement Encroachment Agreement Page l I of 11 Standard FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Denton County Electric Cooperative, Inc., d/b/a CoSery Electric Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No II If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No 0 Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.