HomeMy WebLinkAboutContract 55903CSC No. 55903
TEMPORARY LICENSE AGREEMENT
This Temporary License Agreement ("Agreement") is entered into by and between the City of
Fort Worth, Texas, a home-rule municipal corporation of the State of Texas ("City"), and Metro Pole
Setting Company, Inc., a Texas corporation ("Company").
WHEREAS, the City owns a certain piece of property known as Candleridge Park, 4301 French
Lake Drive, Fort Worth, Texas 76133 (the "Park"); and
WHEREAS, the Company desires to gain access over and through the Park to install aerial fiber
cable on existing poles; and
WHEREAS, the City has reviewed the Company's plans and agrees to grant the Company access
over and through the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City
and Company agree as follows:
L License Granted. In accordance with the terms and conditions of this Agreement, City hereby
grants to the Company a non-exclusive license to use a portion of the Park as mare accurately
depicted in in Exhibit A(the "Licensed Premises"), which is attached hereto and incorporated
herein for all purposes.
2. Term.
a. The term of this Agreement shall consist of one (1) license period of 30 consecutive days
commencing upon execution of this Agreement by City ("Commencement Date") and expiring at
11:59 P.M. on the 30th day following the Commencement Date ("License Period"). If Company
fails to complete all obligations hereunder in accordance with this Agreement on or before the
expiration of the License Period, including, but not limited to, restoration of the Licensed Premises
or other City property, then Company agrees to extend the License Period on a month-to-month
basis until Company has completed all obligations pursuant to this Permit. The extension of the
License Period shall renew automatically each month until Company receives notice from the City
Temporary License Agreement — Candleridge Park
1Une zoa�
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
that all of its obligations under the Permit have been completed, which notice the City shall not
unreasonably withheld. Notwithstanding anything to the contrary, the City may terminate the
extended License Period at any time and for any reason.
b. Access. No use of or access to the Park or the Licensed Premises shall be allowed
outside of the designated License Period ar applicable extension period. Company's rights in and
to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate
and be of no further force and effect at the conclusion of the License Period or applicable extension
period. After the License Period or applicable extension period ends, all rights of Company in and
to the Licensed Premises shall, automatically and without the need for any further documentation,
fully and unconditionally terminate, whereupon Company shall have no right of entry or use of the
Licensed Premises whatsoever.
3. License Fee.
a. Consideration for any additional use of the Licensed Premises, as hereinafter defined,
beyond the initial License Period will be in accordance with Section II.
b. If, during the License Period of this Agreement, Company performs any activities in the
Park that are outside of the Licensed Premises, then the Company will pay to the Ciry a
daily fee of $1.00 per square foot of additional Park used for such activity. This provision
is not intended to expand the boundary of the Licensed Premises or the right of Company
to operate outside of the Licensed Premises but merely to assess a fee in the event that the
Company operates on City property outside of the Licensed Premises. If such fee is
incurred by the Company, then Company will pay or cause the City to be paid such fee
within thirty (30) calendar days after receiving a written invoice from the Director.
4. Use of the Licensed Premises.
a. Company may use the Licensed Premises for access and equipment space necessary for the
installation of aerial fiber cable, as shown on the attached Exhibit B, which is attached
hereto and incorporated herein for all purposes. The Licensed Premises shall be used for
no other purposes.
b. The Company shall not washout equipment and or concrete, fill up equipment with gas or
other oils and hydraulics as to create potential spill hazards within the Park. A violation of
this provision will allow the City to immediately terminate the Agreement.
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5. Termination. The City may terminate this Agreement, without cause, upon five (5) days written
notice to the Company or immediately upon any breach of this Agreement by the Company.
6. Acceptance of Licensed Premises. Company takes all portions of the Licensed Premises and all
appurtenances in "'AS IS" condition without any express or implied warranty on the part of the
City. Company accepts the Licensed Premises in their present condition, iinds them suitable for the
purposes intended, and further acknowledges that Company is thoroughly familiar with such
condition by reason of personal inspection and does not rely on any representations by the City as
to the condition of the Licensed Premises or their suitability for the purposes intended. Company
accepts the Licensed Premises subject to any and all previously recorded easements that may have
been granted on, along, over, under, or across said property, and releases the City from any and all
damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees,
contractors, or trespassers by reason of the exercise of such rights or privileges granted in said
easements. Company's taking possession of the Licensed Premises shall be conclusive evidence
that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed;
and (b) the Company waives any and all defects in and to the Licensed Premises and all the
appurtenances thereto. The Citv shall not be liable to Companv, its agents, emplovees,
contractors, subcontractors, invitees, licensees, or guests for any dama�e to any person or
propertv due to the acts or omissions of Company, its agents, employees, contractors, or
subcontractors, unless such damage is caused bv the gross negligence or willful misconduct
of Citv or its a�ents, emplovees, separate contractors, or subcontractors.
7. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and
other authorizations for use of the Licensed Premises to other persons and entities as the City deems
appropriate in accordance with applicable law; provided, however, that in granting subsequent
authorization for use, the City will not allow a use that will unreasonably interfere with the
Company's use of the Licensed Premises as provided herein. This Agreement does not establish
any priority for the use of the Licensed Premises by Company or by any present or future licensees
or other permit holders. In the event of any dispute as to the priority of use of the Licensed
Premises, the first priority shall be to the public generally, the second priority to the City in the
performance of its various functions, and thereafter, as between licensees and other permit holders,
as determined by the City in the exercise of its powers.
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8. Liabilitv. Company covenants and agrees to release City, its officers, agents, representatives,
servants, and employees, from and against any and all claims or suits for property damage, personal
injury, or any other type of loss or adverse consequence related in any way to the existence of this
Agreement or the use and occupancy of the Licensed Premises and the Park. Furthermore, City
shall not be liable to Company for any damage or theft of Company's equipment, facilities, or other
contents.
9. Public Safetv.
a. Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises and the Park.
b. At the request of City, Company sha1L• (i) install and maintain construction orange mesh
fencing around the entire border of the Licensed Premises; and (ii) erect a controlled-access entry
in the perimeter construction fencing in the form of chain link, as approved by the Director to ensure
that unauthorized personnel cannot enter the Licensed Premises. Following installation of the
fencing and controlled-access entrance, Company shall contact the Director to inspect for proper
installation. The controlled-access entry fencing shall be kept secure when not in use. At no time
shall any fenced area be left open unless staffed by security personnel.
c. In addition, Company shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. The use of traffic control devices shall be consistent
with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control
Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites
where one or more traffic lanes are closed ar obstructed during nighttime conditions. Company
shall also take all necessary precautions and shall provide all necessary protection to prevent
damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any
construction is being performed by or on behalf of the Company; (b) all work performed on or from
the Licensed Premises and all materials and equipment to be incorporated therein that are under the
care, custody, or control of the Company, or the Company's employees, agents, contractors, or
subcontractors, regardless of whether such material and equipment is stored on or off the Licensed
Premises; and (c) other property on or adjacent to the Licensed Premises.
10. Restoration of the Park.
a. Company agrees that Company will shall repair and restore: (1) the Licensed Premises;
and (2) any City property Company damages, to the same condition or better condition than
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the Licensed Premises or City property was in immediately prior to the execution of this
Agreement as determined by the Director. All such restoration must be conducted in
accordance with the standards set forth in Exhibit C, which is attached hereto and incorporated
herein for all purposes. If Company fails to complete all repairs and restoration to the Licensed
Premises and any other City property prior to the expiration of the Agreement, City may, in its
discretion, perform all such repairs and restoration on behalf of the Company. In this event,
Company will reimburse the City for the costs of such repairs and restoration, and such
reimbursement will be due immediately upon written request of the City. To the extent any
road, curb, gutter, irrigation system, utility line, barricade, fence, or other improvement is
destroyed, removed, or altered in connection with Company's activities under this Permit, as
determined in the sole reasonable discretion of the Director, Company shall reconstruct and
restore such improvement in a good and workmanlike manner to a condition that is equal to or
better than the one in which such improvement existed as of the date this Permit is fully
executed, as evidenced by the pre-installation video required under Section IX of this Permit.
Any restoration required under this section must be completed by Company and inspected and
approved by the Director prior to the expiration of the License Period or the License Period
will be extended per Section 1.
b. To the extent any portion of the surface of the Licensed Premises is damaged or disturbed in
connection with Company's activities under this Agreement, as determined by the Director in
his sole reasonable discretion, Company shall restore the surface of the Licensed Premises by:
(i) aerating the soil using a heave-action aerator with six-to-eight inch tines to address
compaction; (ii) sod with Common Bermuda grass in accordance with the seeding
specifications outlined in the attached Exhibit E; and (iii) watering the sodded areas with
temporary irrigation, as needed, until the replacement vegetation is reasonably established and
has been approved and accepted by the Director. There shall be no substitution of planning
materials without the prior written approval of the Director.
c. Prior to planting, Company shall provide the Director with documentation certifying the
type and quality of the materials to be planted. The Director may, in exercise of reasonable his
discretion, reject any plant material that does not meet the requirements of this section or
Exhibit E or is otherwise unacceptable for one or more specific, clearly identified reasons. Any
restoration required under this section must be completed by Company in compliance with the
specifications set forth in this section and the attached exhibits and inspected and approved by
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the Director, which approval shall not be unreasonably withheld, prior to the expiration of the
License Period or the License Period will be extended per Section I.
1]. Minimizin_� Impact to Vegetation.
a. Company shall not cut ar remove any trees on the Licensed Premises unless otherwise
specifically permitted by the City. To minimize damage during construction, Company shall install
chain link fencing on the outside drip line of trees and other vegetation specifcally identiiied by
the Director at the above-referenced pre-construction meeting and as outlined in accordance with
Exhibit E, which is attached hereto and incorporated herein for all purposes. Company shall notify
the Director once the tree and vegetation protection measures have been installed and allow the
Director an opportunity to inspect the work before construction begins. The City shall have at least
two (2) business days following the date on which notice is received to conduct its inspection. The
Company may begin construction after the second (2nd) business day following the date on which
it provided notice to the City unless the City contacts the Company and identifies specific issues
that render the tree and vegetation protection measures unacceptable.
b. Company shall ensure that tree protection fencing remains in place throughout the License
Period or any extended License Period. If any tree within the Park is damaged in connection with
Company's operations, Company agrees to undertake remediation efforts, including paying of
remediation costs, in accordance with Exhibit F, which is attached hereto and incorporated herein
for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are
restored pursuant to the terms of this Agreement.
12. Minimizin_� Impact to Utilities.
a. Prior to conducting any wark on the Licensed Premise, Company shall use its best efforts
to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines,
sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which best efforts
shall include, but not be limited to, conducting a dig test.
b. If Company encounters any utility infrastructure (including, but not limited to, electric
lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection
with Company's use of the Licensed Premises, the Company covenants and agrees to cease
construction operations and install protective measures over or around such utilities in compliance
with specifications approved by the Ciry's Water Department or by the Director. Following
installation of the protective measures, Company shall contact the Director to arrange for inspection
and approval by appropriate City personnel.
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13. Protection of the Environment.
a. Company hereby represents and warrants that it shall not knowingly, nor permit any third
party to, use, handle, or store any Hazardous Materials on, under, over, or about Park ar the
Licensed Premises in violation of any applicable laws. Company shall not handle or store any
Hazardous Materials on the Licensed Premises or the Park, except that the Company may, in
compliance with applicable environmental laws and the terms of this paragraph, use and store
Hazardous Materials in such amounts and types that are commonly used in connection with the
uses permitted herein, provided, however, that Company specifically agrees to remove any and all
such Hazardous Materials on or before the final day of the License Period. Company shall not
introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit
to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" or
"underground storage tank," as those terms are defined under applicable environmental laws. For
purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes,
toxic substances, or related materials, including, but not limited to, pollutants; asbestos;
polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or
derivative thereo fl; underground storage tanks, and substances considered hazardous, toxic, or the
equivalent pursuant to applicable laws. Any Hazardous Materials used by the Company on the
Licensed Premises shall be posted on site and a list shall be given to City.
b. Company shall take commercially reasonable steps to avoid creating or aggravating any
condition at the Park or the Licensed Premises that could present a threat to human health or to the
environment.
14. Liabilitv; Indemniiication.
a. Company agrees to pay City for all damages suffered or incurred by City, either directly ar
indirectly, as a result of any operations on or from the Licensed Premises conducted for or by
Company, its agents, employees ar representatives, including, but not limited to, all damage or
injury to standing or fallen timber, buildings, fences, equipment, pipelines, utilities, and all
other property, whether real or personal.
b. COMPANY COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS,
SERVANTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS, LAWSUITS, DAMAGES, COSTS, AND EXPENSES,
INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS OR DAMAGE AND
PERSONAL INJURY TO ANY AND ALL PERSONS (INCLUDING, BUT NOT
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LIMITED TO, DEATH), OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF ANY ACT OR OMISSION OF COMPANY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, OR
LICENSEES. COMPANY LIKEWISE COVENANTS AND AGREES TO, AND DOES
HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY
AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF
CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND
CONDITIONS OF THIS PERMIT.
c. Environmental Indemnitication. COMPANY DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION
OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM
COMPANY'S OPERATIONS UNDER THIS PERMIT WHEN SUCH
ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL
REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF COMPANY, ITS
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT
OR OMISSION OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
For purposes of the environmental indemnification, the words and phrases shall be
defined as follows:
I. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement of judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including
without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred as a result of the existence of
a violation of environmental requirements pertaining to work performed
under this contract or by the operations of the Company and its
subcontractors, and including without limitation:
(a) Damages for personal injury and death, or injury to property or
natural resources;
(b) Fees incurred for the services of attorneys, consultants,
contractors, experts, laboratories and investigation or remediation
of the monitoring wells or any violation of environmental
requirements including, but not limited to, the preparation of any
feasibility studies or reports of the performance of any cleanup,
remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or
local governmental agency or political subdivision, or otherwise
expended in connection with the existence of such monitoring
wells or violations or environmental requirements, and including
without limitation any attorney's fees, costs and expenses incurred
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in enforcing this contract ar collecting any sums due hereunder;
and
(c) Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with the
items referenced in subparagraph (b) herein.
II. Environmental Requirements shall mean all applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises,
and similar items, of all governmental agencies, departments,
commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees, judgments, and orders relating to
the protection of human health or the environment, including without
limitation:
(a) All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants or
hazardous or toxic substances, materials, or wastes whether solid,
liquid, or gaseous in nature, into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal,
transport, or handling of pollutants, contaminants, or hazardous or
toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and
safety of employees or the public.
d. Company covenants and agrees that City shall in no way or under any circumstances be
responsible for any property belonging to Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or
in any way damaged, and COMPANY HEREBY INDEMNIFIES AND HOLDS
HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. City does not guarantee
police protection and will not be liable for any loss or damage sustained by Company, its
members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on
any of the Licensed Premises.
e. Company agrees that City shall not be liable for any loss, injury or damage whatsoever suffered
or incurred by Company or Company's agents, employees or representatives while on the
Licensed Premises.
15. Limitation on Use.
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a. Access through the Licensed Premises is allowed only between 7:00 A.1�t. and 6:00 p.1�t.
Monday through Friday. With Special permission on weekend between 9:00 A.M. and 5:00
P.M.
b. The Company shall schedule a pre-construction meeting with staff in the Park and Recreation
Department at least three (3) business days prior to accessing the Licensed Premises. The pre-
construction meeting shall be for purposes of outlining Company's plans and schedules
regarding: (i) mobilization and access to the Licensed Premises, (ii) minimizing impact on
vegetation and the Park, in general, and (ii) restoration of all affected parkland and amenities.
c. All Company equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Use of any portion of the Park outside of the Licensed
Premises shall not be permitted. The Company shall obtain the written approval of the Director
of all heavy equipment that will be used in the Licensed Premises and Company shall not use
any heavy equipment in the Licensed Premises that has not been approved by the Director.
d. Company shall be responsible for sweeping and cleaning the adjacent roadway and keeping it
free of debris so that Park users have free and unobstructed access to the Park. There shall be
no equipment on the Licensed Premises within seventy-two (72) hours of a rain event.
16. Compliance with Laws. Company shall, at its own cost and expense, comply with all applicable
laws, including, but not limited to, existing zoning ordinances, governmental rules and regulations
enacted or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental entities for the correction, prevention and
abatement of nuisances in or upon or connected with said premises because of Company's use
thereof.
17. Insurance. Company shall carry insurance as set out in Exhibit D, which is attached hereto and
incorporated herein for all purposes.
18. Prohibition A�ainst Liens. Company shall not do any act or make any contract that may be
purported to create or be the foundation of any lien on or any interest in the Licensed Premises or
the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported
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lien on the Licensed Premises be created or filed, the Company shall, at its sole expense, liquidate
and discharge same within ten (10) business days after notice from the City to do so.
19. Notice. All notices required or permitted under this Agreement shall be conclusively determined
to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or
representative, ar(ii) received by the other party by reliable overnight courier or United States
Mail, postage prepaid, return receipt requested, at the address stated below or to such other address
as one party may from time to time notify the other in writing.
To THE CITY:
Richard Zavala
Director
Park and Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76ll 5
To COMPANY:
Metro Pole Setting Company, Inc
Attn: Jerret Gilcease
Vice President
3103 Pluto Drive
Dallas, Texas 75212
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attarney
200 Texas Street
Fort Worth, Texas 76102
20. Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; pandemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission,
or agency of the United States or of any state; declaration of a state of disaster or of emergency by
the federal, state, county, or City government in accordance with applicable law; issuance of an
Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland
Security or any equivalent alert system that may be instituted by any agency of the United States;
any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's
reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force
Majeure Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs, the City may, in its sole discretion, close or postpone the opening of its community
centers, parks, or other City-owned and operated properties and facilities in the interest of public
safety and operate them as the City sees iit.
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21. Independent Contractor. It is expressly understood and agreed that Company shall operate as
independent entity in each and every respect hereunder and not as an agent, representative, or
employee of the City. Company shall have the exclusive control and the exclusive right to control
all details and day-to-day operations and activities relative to operation of the Company and
installation of the sanitary sewer service line and any associated infrastructure and shall be solely
responsible for the acts and omissions of its ofiicers, agents, servants, employees, contractors,
subcontractors, licensees, and invitees. Company acknowledges that the doctrine of respondent
superior shall not apply as between the City and Company, its officers, agents, servants, employees,
contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be
construed as the creation of a partnership or joint enterprise between the City and Company.
22. Choice of Law; Venue. This Agreement sha11 be governed by and construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at 1aw or in equity, arises on
the basis of any provision of this Agreement, venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District of Texas -
Fort Worth Division.
23. Bindin� Effect. The terms and provisions of this Agreement shall inure to the benefit of and be
binding upon City and Company and their respective successors and assigns and shall be covenants
running with the land.
24. Entire Agreement. This Agreement contains all of the agreements between the parties respecting
the subject matter hereof, and no prior representations or statements, verbal ar written, have been
made modifying, adding to, or changing the terms of this instrument.
25. No Waiver of Immunitv. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
26. Assi ng ment• This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of the other party. Any attempt to assign this Agreement without the
required consent is void and without force and effect.
27. Documentin� Condition of Licensed Premises. Company must provide the Director with
photographic documentation of the condition of the Licensed Premises as they exist both before
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and after the use permitted herein. All such video must include a visible date and time stamp
indicating when the photography occurred. Company must submit documentation of the pre-
installation condition prior to commencing any work on the Licensed Premises. Post-installation
documentation must be submitted no later than iive (5) business days after the last day of the
License Period. Director will distribute copies of the documentation to all appropriate City
personnel to determine whether any damage has been done to the Licensed Premises.
28. Taxes. Company acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the installation of the aerial
fiber cable and with the use of the Licensed Premises or other City property related to activities
within the scope of this Agreement.
29. Forei�n Material
a. For purposes of this section, the term "Foreign Material" shall mean any material,
substance, chemical, waste, contaminant, emission, discharge, or pollutant regulated by any federal,
state, or local law for the purpose of protection of health, safety, or the environment, including, but
not limited to, petroleum, petroleum products, and waste products associated with petroleum
production.
b. Company shall not excavate, drill, dig, or allow any significant erosion of the Licensed
Premises, except as allowed by the Director, in writing, in that person's sole discretion.
c. Except as otherwise provided in this Section, Company shall not knowingly cause or permit
any Foreign Material to be released, brought, stored, or produced on or in the Licensed Premises
or City property in connection with Company's operations under this Permit; provided, however,
that Company shall be authorized, to store, handle, and use materials that are reasonably necessary
for the uses set forth herein so long as (i) such materials are properly stored, handled, or used in
accordance with all applicable laws and the terms of this Permit; and (ii) Company maintains
Material Safety Data Sheets on-site when such chemicals are present and provides that information
to the City on request. Company shall take all actions necessary to stop the release or presence of
Foreign Material in connection with Company's operations. Any waste produced from Company
operations will be the full responsibility of the Company to cleanup, handle, store, transport and
dispose. As part of the consideration for this Permit, Company waives any claim that this Permit
in any way confers generator status on the City for waste produced from Company's operations.
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d. If, during the course of its operations on the Licensed Premises, Company encounters
material that Company knows, suspects, or has reason to believe constitutes Foreign Material,
Company shall immediately cease all activity, secure any material already at the surface and limit
disturbance of any buried material in the vicinity of the suspected Foreign Material.
e. Company shall notify the City in accordance with the Notice section of this Permit of any
release from Company operations and the presence or release of suspected Foreign Material or
Foreign Material. NOTIFICATION MUST OCCUR WITHIN ONE HOUR AFTER INITIAL
RELEASE OR DISCOVERY.
£ As part of the consideration for the license under this Permit, Company shall be responsible
for the cost and expense necessary to perform its operations under this Permit in accordance with
any federal, state or local laws regulating the environment as well as other applicable
regulations. Company will be fully responsible for testing, storing, removing, loading,
transporting, and disposing of Foreign Material and suspected Foreign Material encountered during
License Period, in accordance with any federal, state or local laws.
g. Any environmental assessment, cleanup, removal or disposal action shall be in accordance
standards set forth by the City's Environmental Management Division, in its sole discretion and
determination and at Company's sole expense.
h. Prior to Company doing any restoration work, the Director is to be contacted to inspect the
surface of the Park to ensure that the surface of the Park is free of any material or debris deemed
hazardous. Any subsurface area deemed to present a matter of public health and safety as
determined by the City must be restored and promptly filled with clean fill dirt up to the level of
the surrounding ground. Clean dirt shall be defined a material provided that shall be certified by a
Company as clean and free of Foreign Material, and in compliance with federal, state, and local
laws, regulations, and ordinances. Such certifications shall be provided to the City prior to delivery
and delivery tickets shall be provided to the City certifying the delivery of such material to site.
i. Company shall be responsible for any restoration or remediation of the Licensed Premises
that is caused or contributed to by its negligence or by a breach of this Agreement.
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
Temporary License Agreement — Candleridge Park 14 of 29
June 2021
contained herein.
[Executed effective as of the date signed by the City Secretary below.] /[ACCEPTED AND
AGREED:]
City:
By.
Name
Title:
Date:
RlGG�A!'G� ZG�✓G�IA
Rlchard Zavala (Jun 24, 202116:56 CDT)
Richard Zavala*
Director, Park & Recreation Department
J u n 24, 2021
* Richard Zavala has been delegated the proper
authority to execute this document on behalf of
the City pursuant to an Interoffice Memorandum
from the City Manager dated November 12, 2018.
Company:
B�I; Jer�e�un24,202115:49CDT)
Name: Jerret Gilcease
Title: Autharized Agent
Date: J u n 24, 2021
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approved as to Form and Legality
��.~-�
By:
Name: Taylor C. Paris
Title: Assistant City Attorney
Temporary License Agreement — Candleridge Park
June 2021
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.
CGl�/f�/�IGI /�IOOI�
B�: Christina Moon (Jun 24, 202ll5:56 CDT)
Name: Christina Moon
Title: Park Planner
City Secretary:
By: �����
Name: Mary Kayser
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
The Licensed Premises
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Temporary License Agreement — Candleridge Park 16 of 29
June 2021
Exhibit B
Use of Licensed Premises
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Temporary License Agreement — Candleridge Park
June 2021
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Temporary License Agreement - Candleridge Park 18 of 29
June 2021
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Temporary License Agreement — Candleridge Park 19 of 29
June 2021
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Temporary License Agreement — Candleridge Park 20 of 29
June 2021
Exhibit C
Restoration Standards
SECTION 32 92 13.2
SODDING
PART1- GENERAL
1.1 SUMMARY
A.Section Includes:
1. Furnishing and installing grass sod.
B.Related Standard City Specification Sections include, but are not necessarily limited to:
1. Section 32 91 19 — Topsoil
2. Section 32 84 23 - Irrigation
1.6 INFORMATIONAL SUBMITTALS
A. Certificates and Samples
L Certificates and specifications of sod, fertilizer, compost, soil amendments or
other materials as requested by the City.
1.10 DELIVERY, STORAGE, AND HANDLING
A.Block Sod
1. Protect from exposure to wind, sun and freezing.
2. Keep stacked sod moist consistently throughout stack.
3. Sod upon delivery shall be inspected by City provision of certificate from vender
to be provided to City indicating sod free of all weeds.
4. Harvesting and planting operations shall be coordinated with not more than forty-
eight hours elapsing between harvesting and placement, rolling and tamping, and
watering of sod
1.11 FIELD [SITE] CONDITIONS
A. Grading of site and installation of topsoil must be approved by City priar to application
of sod
PART2- PRODUCTS
2.1 MATERIALS AND EQUIPMENT
A.Materials
1. Block Sod
a. Sod Varieties
1) Cynodon dactylon `TIF419' or Cynodon dactylon `TTFWAY'
2) OR an approved Zoysia grass
b. Sod must contain stolons,leaf blades, rhizomes and roots.
a Sod shall be alive, healthy and free of insects, disease, stones, undesirable
foreign materials and weeds and grasses deleterious to its growth or which
might affect its subsistence or hardiness when transplanted.
d. Minimum sod thickness: 1" inch minimum.
e. Maximum grass height: 2 inches
f. Sod shall have been produced on growing beds of clay or clay loam topsoil.
Temporary License Agreement — Candleridge Park 21 of 29
June 2021
RESTORATION-SOD
Page2of3
g. Sod must not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected.
h. If sod is stacked, it shall be kept moist and shall be stacked roots to roots and
grass to grass.
i. Acceptable growing beds
1) Bermuda grasses and zoysia grasses: sand or sandy loam soils
j. Broken or torn sod or sod with uneven ends sha11 be rejected.
k. Temporary Erosion Control Seed
1) Consist of the sowing of cool season plant sod.
2. Topsoil: See Section 32 91 19.
3. Water: clean and free of industrial wastes or other substances harmful to the
germination of the seed or to the growth of the vegetation.
2.2 ACCESSORIES
a. Sod pins
1) Metal
2) Wood pegs.
I �\.711[c� DA� DC�1Y Y [�]U
fc�i � �la�\►� 11►k�1 Y [�]QI
A.Sod shall be inspected by City upon delivery.
B. Contractor must coordinate inspection 72 hours prior to cutting of sod and delivery
3.3 PREPARATION
A.Surface Preparation: clear surface of all material including:
1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil. For
simple row repair only scarify to 1-inch.
2. Stumps, stones, and other objects larger than one inch.
3. Roots, brush, wire, stakes, etc.
4. Any objects that may interfere with planting sod or maintenance.
B.Cleaning
1. Soil shall be further prepared by the removal of debris, building materials, rubbish,
weeds, and rock 1-inch and greater.
C.Fine Grading:
1. After tillage and clearing, all areas to be planted shall be leveled, fine graded, and a
weighted spike and harrow or float drag. The required shall be the elimination of
ruts, depressions, humps, and objectionable soil clods. This shall be the final soil
preparation step to be completed prior to inspection before planting.
2. Areas near trees: Do not till inside dripline of trees or over exposed roots
3.4 INSTALLATION
A. Block Sodding
1. General
a. Do not lay sod when ground is frozen.
b. Over-seeding with annual rye is acceptable from November 1 until February 1
Temporary License Agreement — Candleridge Park 22 of 29
June 2021
RESTORATION-SOD
Page 3 of 3
B. Installation
1. Plant sod specified after the area has been inspected and accepted by City for
planting.
2. Till 2" of subgrade and place 3" of topsoil on areas to receive sod or as directed
by Ciry.
3. Sod to be laid parallel to the contours in areas as specified. Sod to be laid
perpendicular to slopes greater than 3:1.
4. Use care to retain native soil on the roots of the sod during the process of
excavating, hauling and planting.
5. Keep sod material moist from the time it is dug until planted.
6. Fill in slumped areas due to watering to keep sod moist.
7. Place sod so that the entire area designated for sodding is covered with no gaps
or overlapping material.
8. Fill voids left in the solid sodding with additional sod and tamp.
9. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform
slope. By pedestrian mechanical process (no motorized vehicles / equipment)
lO.Peg sod with wooden pegs (or wire staple) driven through the sod block to the
firm earth in areas that may slide due to the height or slope of the surface or
nature of the soil.
C. Watering and Finishing
1. Thoroughly water sod immediately after placed and tamped and rolled.
2. Generally, as recommended by the vendor. Water source sha11 be clean and free
of industrial waste or other substances harmful to the gernunation of the seed or
growth of the vegetation.
END OF SECTION
Temporary License Agreement — Candleridge Park 23 of 29
June 2021
Exhibit D
Insurance
1.01 Duty to Acquire and Maintain. Company shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect, to provide coverage of the types and amounts
specified herein, naming the City as an additional insured as set forth herein, and covering all public risks
related to the use, occupancy, condition, maintenance, existence, or location of the Licensed Premises. The
insurance required hereunder may be met by a combination of self-insurance and primary and excess
policies.
1.02 T�pes and Amounts of Coverage Required
a. Commercial General Liabilitv:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and
underground property damage
b. Propertv Damage Liability:
(1) $1,000,000.00 per occurrence
c. Umbrella Policv
(1) $5,000,000.00
d. Environmental Impairment Liabilit.�EIL) and Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liabilitv:
(1) $1,000,000.00 Each accident on a combined single-limit basis
Worker's Compensation:
(1) As required by law
g. Emplover's Liabilit�
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager,
the City may at any time revise insurance coverage requirements and limits required by this License.
Company agrees that within ten (10) days of receipt of written notice from the City, all such revisions
requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide
that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal,
or amendment, shall be made without thirty (30) days' prior written notice to the City.
Temporary License Agreement — Candleridge Park 24 of 29
June 2021
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do
business in the State of Texas. Except for workers' compensation, a11 insurers must have a minimum rating
of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required, prior written approval
of the City's Risk Management Division is required. Within ten (10) business days following execution of
this License, Company shall ensure that City is furnished with certificates of insurance signed by the
respective companies as proof that the types and amounts of insurance coverage required herein have been
obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained
such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this License shall in no way be
construed or affected to limit or in any way affect Company's liability to the City ar other persons as
provided by this Agreement or law.
1.07 Umbrella ar Excess Liabilitv. If insurance policies are not written far specified coverage limits, an
Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form
of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subro�ation. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense, to
receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications ofparticular policy terms, conditions, limitations, or exclusions in order to comply
with the requirements of this Agreement except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
1.11 Certificate of Insurance. Company shall submit to the City a certificate of insurance evidencing all
required insurance coverage and any applicable endorsements.
Temporary License Agreement — Candleridge Park 25 of 29
June 2021
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Exhibit E
Tree Protection
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Temporary License Agreement — Candleridge Park 26 of 29
June 2021
Temporary License Agreement — Candleridge Park 27 of 29
June 2021
Exhibit F
Tree Protection
DAMAGE TO CITY TREES
NO PRLTNING OF ANY CITY TREE SHALL BE PERMITTED, LTNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a
breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to trees
will result in assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1. Company will check trees in the Licensed Premises before contract work begins, any
damage will be noted and reported to the Director or his designee.
1.2. The Director, or his designee, may conduct random checks of the trees during the License
Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director or his designee, and Company will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Company.
1.5. Company may have the option of replacement or payment for severely damaged trees at a
location to be designated by the Parks and Recreation Department. Replacement shall be
made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2"
in caliper for trees damaged or removed less than 30" diameter at breast height (DBH) and
2" per inch on trees 30" DBH or greater. Company shall be responsible for any planting,
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Company shall compensate the City at a rate of $200 per caliper inch for any tree
that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester that may heal.
Examples include, but are not limited to, scaring of the trunk into the cambial layer'/z" to
2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in
diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also
include removal or lying down of protective tree fencing prior to the end of construction,
storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or
concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of $100.00 for each instance. For each day that
tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is
stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
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are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than
1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than
1/3 trunk caliper. Moderate damage shall also include compaction of soil, grading or filling
in 20% of the CRZ on one of four sides but outside the 50% radius of the CRZ, or disposing
of paint or concrete within 50% radius of the CRZ. Moderate damages shall be calculated
at a rate of'/z the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of trees
removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30"
DBH or greater. Severe damage or removal shall include, but is not limited to, scaring of
the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing
a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Severe damage shall also include compaction of soil, grading or filling more than 20% of
the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of
the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4"
or greater in diameter within 4' of the trunk shall also be considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch
would be pruned back to according to ANSI standards. Trees caliper shall be measured
according to accepted industry standards. Trees greater than 6" in caliper shall be measured
using DBH. Trees that must be removed due to damage caused by Company shall be
removed by the Parks and Recreation Department's Forestry Section Tree Removal
Contractor at Company's expense.
1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged
trees shall result in a breach of contract and Company will be automatically assessed
damages. Damages as described herein shall be deducted from payments otherwise due to
Company.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to
compensate the City, as property owner, and have no bearing on whether or to what extent
any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
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