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HomeMy WebLinkAbout066045 - General - Contract - Texas Wesleyan University10/15/2026 Date Received: Record Number: PN26-00087 Time Received: 12:24 p.m. City Secretary No.: 66045 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 Texas Wesleyan University, a Texas nonprofit corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1201 Nashville Avenue, Fort Worth, Texas 76105 ("Property"), being more particularly described as, Lot 1R, Block 14R, of Polytechnic Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in plat records of Tarrant County as Instrument Number D223096823 and as recorded in Deed Records, by Instrument Number D214084748; and WHEREAS, the City owns a permanent water easement (the "Public Property") adjacent to the property, dedicated to the City in an easement filed in the Tarrant County Deed Records as Instrument Number D222235522, as depicted on the final plat of the property (FS -22-220), which plat is recorded in the plat records of Tarrant County as Instrument Number D223 096823; 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 Tier II Easement Encroachment Agreement Page 1 of 11 Revised 12/2022 on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a retaining wall (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 fiu-ther infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 9 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 Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 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 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. 11 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. Tier II Easement Encroachment Agreement Page 3 of 11 Revised 12/2022 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. 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. Tier II Easement Encroachment Agreement Page 4 of 11 Revised 12/2022 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. 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. Tier II Easement Encroachment Agreement Page 5 of 11 Revised 12/2022 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 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 assigmnent, 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. Tier II Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 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 15.2026 09:18:26 CDT) D. J. Harrell Director, Development Services Department Date: 10/15/2026 aonn ATTEST: V ddCpadEXAso"' Jannette Goodall, City Secretary Approved As To Fonn 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 11 Revised 12/2022 Licensee: Texas Wesleyan University a Texas nonprofit corporation By: Name: Dr. Er ily Messer Title: President Date: Z �p STATE OF Te≤ § COUNTY OF _GLp _ § BEFORE ME, the undersigned authority, a Notary Public in and for the State of T€4 1S on this day personally appeared Pr ______ ______ (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 T44 4tk l c 11,U., a a /tpr •uc4 tb, (entity type), and in the capacity /n therein stated. " GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of 2026. Notary Pil Yc in an fo the State of 7rx2S Tier II Easement Encroachment Agreement .\`\\\\( A N N C /%,�% /oc OFc (C '••?3490 ,5N" Page 8 of 11 Revised 12/2022 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 instrment, 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 15th day of October , 2026. .4 aJ Notary Public in and for the State of Texas Audrey Lee I aHace My Commission EXPhOS 911 012 0 2 6 Notary ID135062'546 Tier II Easement Encroachment Agreement Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 O O Z o w W ui LL cnzHc�W Q Z X o zo Q H H Q �/ QI >-H0N- F�I W IzI>L2w0`H'm C7 O Z 1�1 z zI X o O 0 2 W Y H cc LL U O NOISOB 1NOW aiv 'IO w HO• V H38V Oll0 a uj A 1NOW S NAVH a S3NAVH > a Z SNINa3 3OVl,VM Z w w ¢ p o w z UO 1..1� \T% w W „ HW owO Q 3, LLI, as Q Y HCD < a d„ co 00 N- O w > F�� a a a a a¢ OV) 0 LLZF}- A',NN8 U za01 A3,NNI8 ¢ va 1 VJ O — Z D U dS 3NIAVa w > a PSG w , O _H lanoo 3>I�V Q o5 Q p < a ro U D _ a3NNOO 3,vaava w Oy a rn HOV38 lNl H 6 ' ` H W ≥ X35S3 OI N3H Z Z � DOOM O E N m g 1S3Na3 MSS W � � E L Sa HM > Up o7 to 3 ,VAn O 0 o W UJN-Z i N- Q O=W><LLJ W XZL( Z Z H > HQ co Z c,HcDAIIL m O -HccN- MHN- W ) °o OUj00-w W 0) W Q W J W Q W W 0 z 0 2 O c Z O H°LL0a- D<w0O Oa OMO'13 o MNOO\suamoVO1o,3W rvHd S3&a - Sot nIBO\YAO-N.lA]I OWNOM 4h D „me°.• gds aim CT7 1 <m ggay� a �a THRALL: EET g $Rtj H it I I ` I I I i\ I I I `. �II I ;\. I ₹ L � _ _ TH STREET _ nL[ /' e z BINKLEY STR E ` ri c � 'gym R9 E� �m :p am III HIiHC3 636 C 13 3 3 fr 8_ ( nv o� °af o of 'sF or.,3x �s£ao£�� m. ° I o$ �mH um° ug time ,n e A o a _ ! m T — D '. ¶� �I N a. � CONCRETE RETAINING WALL -SITE CLAN TEXAS WESLEYAN 1201 WESLEYAN STREET FORT WORTII, TEXAS FAIL KE FIkoXIo Engincring Inc. srr,1uoIF gn nng.CunsuI nIn 712 N R gl L F-1030 7]2 N I TI Id 6012 Arline ,T 76012SUITED (B7])?Et A3O0 OnTE SY oEA. o.ollrn s sC MWC MURRAY WARD CONTRACTING 2364 SOUTH LECHER LANE, LEWISVILLE, TEXAS 70067 I 0nrs Sy LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 0.0026 acre (113 square foot) tract of land situated in the JW Sublett Survey, Abstract No. 1409, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1R, Block 14R, Polytechnic Heights Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. 0223096823 of the Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at the most northerly northwest corner of said Lot 1R; said point also being in the east right-of-way line of Thrall Street (a 60 -foot wide right-of-way); THENCE South 00°17'30" East, with said east right-of-way line of Thrall Street, a distance of 2.00 feet to the POINT OF BEGINNING; said point also being the northwest corner of a 15 -foot water easement recorded in Instrument No. 0222235522 of said Official Public Records; THENCE North 89°31'44" East, departing said east right-of-way line of Thrall Street and along the north line of said 15 -foot water easement, a distance of 7.50 feet to a point for corner; THENCE South 00°17'30" East, departing said north line of the 15 -foot water easement, a distance of 15.00 feet to a point for corner in the south line of said 15 -foot water easement; THENCE South 89°31'44" West, along the south line of said 15 -foot water easement, a distance of 7.50 feet to a point for corner in the east right-of-way line of said Thrall Street; said point also being in the west line of said Lot 1 R; from said point a 5/8 -inch iron rod found at the intersection of the south right-of-way line of Avenue D (a 60 -foot right-of-way) and the northeast right-of-way line of Nashville Avenue (a 70 -foot right-of-way) and at the most southerly northwest corner of said Lot 1R bears South 49°39'59" West, a distance of 262.11 feet; THENCE North 00°17'30" West, along said east right-of-way line of Thrall Street, a distance of 15.00 feet to the POINT OF BEGINNING and containing 113 square feet or 0.0026 acres of land, more or less. Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). 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. Ih KENDALL B. MAGEE REGISTERED PROFES LAND SURVEYOR NO. 7282 801 CHERRY STREET, UNIT 11, SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 Kendall.Magee@kimley-horn.com MAGEE STE �P•�c� � RF `9 . .................. ..... KENDALL B. MAGEE A 7282 v. EASEMENT ENCROACHMENT PART OF LOT 1 R, BLOCK 14R, POLYTECHNIC HEIGHTS ADDITION JW SUBLETT SURVEY, ABSTRACT NO. 1409 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 344401-TXWES PHASE IV\DWG\051344401-TXWFS PHASE IV WE ENCROACHMENT DWG o z W w LU LLI H d U J Urn o w U) Q 0U- -Jo ZQ �co O U + ❑Z�X z O w Z QF�H m O z H > W OF-ofx W = � w O H zWW=�Qw W zI X o OO1 W Y H w w U w O Q U_ o J 11 + o L.L 0 0 06 z (I)¢ p J W H W I I F U - z z I I W O w x I I �Z Q o < = Z I oZ Q L) �I C O3: wH o I I H U X O Z Q 0 -_ Qz��' I I waZ U CD x ��N I z o�J w �U_-) zQo II I aw Z z wE)H I I Q wc�cn � < z n I � 15.0' �' z H p co Q Y ocD- Q ..8M AAA w� �coY >co �wwcoz .�U)Q Q 1S __`d�IHl O j W Q o X Q U r- zfy WZ�Wz- >F -WO = Q o O o O w W W H H Z W W H H Z I ��o�z0 2iocz0 OH°¢1L°IL of<LL0a- uvasu®wrw M\UMWOVOWNAN 3In WM s3uu - zonM�eo\mow .ultVr �w u er � M N CD CD CD w O O z O c:l O u?O w O z J OQ J H d J> of N ❑ U W t Y J _ ¢ ¢ Z Q N- X Z U U p Q O W W 0 x W m z O w O z w O z If) x O LCD CO W CO N O O CO -00>000 _ _ J lel U _ _ a 111 Co 3 Mo _ v 11111=_ _ II III II II 11=11 I= I I ; I— 11=1I I II I I I I j I V 2 �IIIIIl1 tl I I lei _ aG0 c tt — EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised 12/2022 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Texas Weslyan University Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No EZI If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No IZI If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No IZI If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © 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 EZI *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 © No O 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.