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HomeMy WebLinkAboutContract 27289 CITY SECRETARY .r 'ONTRACT NO. LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, TEXAS (City), a home-ruled municipal corporation situated in Tarrant and Denton Counties, and LODGE AT RIVER PARK, L.P. (Licensee), a Delaware limited partnership. RECITALS: 1. The purpose of this agreement is to allow the Licensee to construct and maintain an underground storm drain facility across City park property adjacent to Lot 1 R, Block 2, River Park Addition (the Property). 2. The underground storm drain facility permitted herein is a privately-owned facility and not a public facility of the City. 3. The rights granted hereunder are considered to be appurtenant to Lot 1 R, Block 2, River Park Addition and the rights and obligations of the Licensee hereunder are intended to be covenants running with the land and binding on the future owners of Lot 1 R and the Licensed Premises (as defined below). 1. LICENSE OF PREMISES City grants a license and permission to Licensee, the current owner of Lot 1 R, Block 2, River Park Addition, and its successors and assigns, to use the following described City park property solely for the purpose of constructing, operating, and maintaining an underground storm drain facility (the Encroachment) for the benefit of said Lot 1 R. That certain property described in Exhibits A and B, attached hereto and incorporated as if set out in full herein (hereinafter the Licensed Premises). 2. COVENANT RUNNING WITH LAND The rights and obligations created hereunder are intended to be covenants running with the land and to be binding upon Lodge at River Park, L.P., the current owner of Lot 1 R, Block 2, River Park Place Addition, and its successors and assigns. Any reference to Licensee herein shall be construed to apply also to Licensee's successors and assigns as owners of said Lot 1 R. 4 Der N1 My p708803_License_Agreerrent.wpd 1 LIB�U Y, Y as UUU 110 3. CONSTRUCTION, MAINTENANCE, AND OPERATION a) All construction, operation, and maintenance of the Encroachment shall be in accordance with the Charter, Ordinances, and Codes of the City of Fort Worth. b) All plans and specifications for the Encroachment are subject to the prior written approval of the City's Parks and Community Services Director (the Director). Approval shall not relieve Licensee of the responsibility and liability for the concept, design, and computation in preparation of the plans and specifications, and Licensee hereby releases City from any responsibility or liability therefore. c) The Encroachment shall be constructed, operated, and maintained by Licensee at no expense to the City. The Encroachment shall at all times be maintained in good and safe condition by Licensee at its expense. d) Upon completion of the construction and maintenance, the surface of the Licensed Premises shall be restored to as good a condition as existed prior to the construction or maintenance, at Licensee's expense. e) The Encroachment shall be constructed, operated, and maintained so as to minimize any interference with the use of the licensed Premises for park purposes. f) Except in cases of emergency or routine maintenance, Licensee shall give the Director at least fourteen (14) days written notice of any materially significant maintenance of the Encroachment. 4. CITY NOT RESPONSIBLE FOR DAMAGE Should it become necessary at any time for City to repair, replace, maintain, remove, enlarge, expand, or otherwise alter in any way its public facilities or utilities located in, under, on, or over the Licensed Premises, City shall not be responsible for any damage or other adverse consequences resulting therefrom to the Encroachment or to the Licensee, unless such damage or consequences are caused by City's negligence or willful misconduct. 5. INDEMNITY Licensee shall indemnify, hold harmless, release, and defend City, City's officers, agents, and employees, from and against any and all liability related to the design, construction, use, maintenance, location, or existence of the Encroachment, regardless of whether the liability arises from the alleged negligence of City, its officers, agents, and employees, or otherwise other than gross negligence. 9708W3_L1censo_Aprearr9rd.wpd 2 6. NO CONVEYANCE OF RIGHT, TITLE, OR INTEREST Licensee covenants, agrees, and acknowledges that this Agreement is for the sole purpose of permitting Licensee to maintain and locate the Encroachment under the Licensed Premises and is not a conveyance of any right, title, or interest in or to City property. 7. NO LIENS OR LICENSED PREMISES Licensee shall take no action resulting in a lien of any kind being filed against the Licensed Premises, other than a mortgage lien(s) in connection with any financing on the Property (a "Mortgage Lien"). If any lien is recorded against the Licensed Premises or any buildings or improvements thereon (other than a Mortgage Lien), Licensee shall cause it to be removed or, if Licensee wishes in good faith to contest the lien, take timely action to do so, at Licensee's sole expense. If Licensee contests the lien, Licensee shall defend, indemnify, and hold harmless City from and against all liability for damages occasioned thereby. 8. DEFAULT; REMEDIES a) If Licensee defaults in the performance of any covenant or term of this Agreement and does not correct the default within thirty (30) days of written notice of default, City may declare this Agreement and all rights and interests created by this Agreement terminated, but only in the event said default has a material adverse effect on the Licensed Premises or City; provided, however, in the event Licensee commences the cure of such default and such default cannot reasonably be cured by Licensee within said thirty (30) day period, Licensee shall have an additional period of time as is reasonable under the circumstances for Licensee to cure said default provided Licensee shall at all times diligently pursue said cure. As an alternative to City's right to terminate this Agreement, in the event of default by Licensee hereunder (beyond the expiration of all applicable notice and cure periods), City may proceed to undertake to cure such default upon delivery of an additional written notice to Licensee specifying that City is taking such action and City shall be entitled to reimbursement by Licensee for City's reasonable costs and expenses (including reasonable attorneys' fees) in taking such action, which costs and expenses shall be secured by a lien on the Property. Any such lien shall be subordinate to a Mortgage Lien but the sale or transfer of the Property or any portion thereof shall not affect said lien. b) Any termination of this Agreement as provided herein will not relieve the party from paying any sums due hereunder at the time of termination, or any claim for damages then or previously accruing against the parry under this Agreement. All of a party's rights, options, or remedies hereunder will be construed to be cumulative, and no one of them p709d03 Licerue AQreeff*rA pd 3 shall be deemed exclusive of the other. A party may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated herein. c) No waiver by City of a breach of any of the covenants or conditions of this Agreement may be construed as a waiver of any succeeding or preceding breach of the same or any other covenantor condition of this Agreement. 9. RIGHT TO INSPECT City and Licensee agree that City, acting by and through its authorized representatives, shall have at any reasonable time the full and unrestricted right to enter the Licensed Premises for the purpose of inspection and doing any and all things with reference thereto which the City may deem reasonably necessary in order to determine compliance with this Agreement and with applicable law. 10. SOLE AGREEMENT; AMENDMENT This writing constitutes the sole and only agreement between City and Licensee. No prior or contemporaneous written or oral agreement of any nature exists to alter or modify the terms of this Agreement. No amendment, modification, or alteration of this Agreement shall be binding unless in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. 11. NOTICES a) All notices required or permitted under this Agreement by either party to the other shall be in writing and may be effected by personal delivery or registered or certified mail, return receipt requested, addressed as follows: CITY: Parks and Community Services Director Parks and Community Services Department 4200 South Freeway, Suite #2200 Fort Worth, Texas 76115-1499 LICENSEE: Lodge at River Park, L.P. c/o Hanover Company 5847 San Felipe, Suite 3600 Houston, Texas 77057 970W3_L1cerwe_Agreenwr1.wpd 4 b) Either City or Licensee may change the address to which notice shall be sent by giving notice of such change to the other party in accordance with the provisions of this Section. c) In the event of sale or other transfer of ownership of Lot 1 R, Block 2, River Park Place Addition, the Licensee, its successors and assigns shall notify the City of such sale or transfer. 12. CHOICE OF LAW; VENUE a) This Agreement shall be governed by the internal laws of the State of Texas. b) Should any action, at law or in equity, arise out of the terms of this Agreement, venue for said action shall be in Tarrant County, Texas. EXECUTED on this 12th day of November 2001, but to be effective as of February 26, 1998. LODGE AT RIVER PARK, L.P. By: THC 1996 Limited Partnership, its sole partner By: Hanover G.P. L.L.C. DEVELOPER By: ll�413 Katinfo rd Vice President Date: November 12, 2001 APPRO D AS TO FORM AND LEGALITY: CITY OF FORT WO H By: Assistant City A►ii ey Assistant ity an er Date: -`)Q 2 Date: N�4G G -(558 ATTESTED BY Contract Authorization cS 0( A ao Date 0708809_Lfcanse Aq,eement.wpd _ ' r J' )`'�u Yf � n• STATE OF TEXAS § COUNTY OF OAK6 § BEFORE ME, the undersigned authority, on this day personally appeared Kathy K. Binford, Vice President of Hanover G.P., L.L.C, the sole general partner of THC 1996 Limited Partnership, the sole general partner of Lodge at River Park, L.P., 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 and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this, the 12W day of November 2001. DRUSILLA A. r']E Fly NOTARY PUBLIC,STATF OF'I.X. MY COMMISSION F;:PIF Notary Public in and for the State of Texas APR,L ? % 211.; STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared 5i_K'VA"i R G-j P* Assistant City Manager for the City of Fort Worth, a home-rule municipal corporation, 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 and as the act and deed of said corporation. IVEN UNDER MY HAND AND SEAL OF OFFICE this, the `1kv-- day of r 2001. 0@Uw*4A sA1tAN -- --- NOUM9 MUC{1A1!or T!1{AO C C"1416101111{1I/IR{{• ocTCORM u,zoos Notary Public in and for the State of Texas G70M3 LIcenso_AQraorrwnl.wpd 6 EXII1BIT"A" STATE OF TEXAS) COUNTY OF TARRANT) Property description of a 20 foot wide drainage casement. Pan of the E.H.Burke Survey Abstract Nwubcr 160,situated in Uic west part of the City of Fort Worth,in Tarrant County,Texas cailimcing a portion of Lot 2,Block 2,River Park,all addition to the city of Fort WorUh,in Tarrant County,Teas,as shown on Uic plat recorded uh Volume 383-152,Page 34 of Uic Tarrant County Plat Records,being bouudcd on the south by the Clear Fork of the Trinity River,and bouudcd oil Uic nortli by Lot IR Block 2,River Park Addition all addition to the City of Fort Worth,in Tarnuu Count)-,Teas as slhohvn on the plat recorded in Cabiuct A,Slide 4005 of Urc Tarnuu County Plat Records. Conwucncing at a 1/2 inch pin found at Uic soudncast conker of said Lot I,Block 2,River Park; Thence N 46°32'00"E,and with the cast line of said Lot 1,a distance of 30.27 feet to a 513 itch iron pill set for Uic pout of bcgiruWig of the herein described tract. Tlicucc N 46°32'00"E,continuing along tic cast lute of said Lot 1,a distance of 20.33 feet to a 513 utcih iron pin set for Uic northeast conrcr of the herein described tract. Thence S 53°50'04"E a distance of 61.57 feet to a 5/8 inch iron pint set iu Urc soudh line of said Lot 2 for Uic soudicast comer of the herein described tract. Tlhcucc S 46°32'00"W,contaaming along tic south lute of said Lot 1,a distance of 20.33 feet to a 5/8 uicln iron put set for the soudhwcst concr of the licrcin described tract. Theucc N 53°50'04"W,a distance of 61.57 feet to tic pout of bcgiutuig and containing 1,231 square feet. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMESIS SURVEYED,I DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED FROM THE PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT THE SAME 1S TRUE AND CORRECT. Dwiaway Associates,Inc. 4111 �I Eugcn .Abbey EUGENE Registered Public Land Surveyor No.4886 ,�.,..,. E (),-ABBEY 1 January 28,1998 `90 4886 ,T�o I I 1 Q0� / CT,h IV LOT IR, BLOCK 2, RIVER PARK AmN. Cabinet A, Slide 5004 y Plot Records, Tarrant County, 'Texas = / y 5/e' i.r.s S 53'50'04" E Q POINT OF .� 61.5/ s/s' I.P.S. BEG/NN/NC ry N 53'50'04" W <° Qi 61.57' ry 1,231 sq.ft. h r V /,/"'IRON-� - AN FND. \ TARRANT COUNTY WATER BOARD POINT OF I Volume 4554, Page 382 COMMENCING / \DROP//N((T LOT 1B, BLOCK 2, RIVER PARK l Volume 388-195, Poge 17 Plot Records, Tarront County, Texas 1 / 40 0 40 80 SCALE FEE? 1"= - 40 EXHIBIT "A" 11 DUNAWAY ASSOCIATES, Inc. ENGINEERS - PLANNERS - SURVEYORS 1501 MERRIMAC CIRCLE, SUITE 100 FORT WORTH, TEXAS 76107 PH.(817)335-1121 MMO(817)429-2135 FAX(817)335-7437 SHEET 1 OF 2 EXHIBIT"B" STATE OF TEXAS) COUNTY OFTARRANT) Property description of a 20 foot wide drainage cascincnt. Part,of the E.H.Burke Survey Abstract Nwnbcr 160,situated in Uhc west part of the City of Fort Wonilh,in Tarrant Cowuy,Teas embracing a portion of Lot 2,Block 2,River Park,wi addition to the city of Fort Worth,uh Tarrant County,Teas,as shown on Utc plat recorded in Volunhc 388-152,Page 34 of the Tarrant County Plat Records.being bounded on the south by the Clear Fork of the Truuty River,and bounded on Uhe north by Lot IR,Block 2,River Park Addition,an addition to Une City of Fort Worth,uh Tarcutl County,Teas as shown on Uhe plat recorded in Cabinet A,Slide 4005 of tic Tarrant County Plat Records. Commencing at a 5/8 inch iron pin found at Uhe northeast corner of Lot I,Block 2.River Park, Tlncucc S 28°29'00"W,and witlh Uhc cast line of said Lot 1,a distance of 53.41 feet to a 5/8 inch iron pun set for tic pouu of beginning of the hcrcuh described tract. Thcnce S 61°48'36"E a distance of 60.56 feet to a 518 inch iron pit set in Uhe south line of said Lot 2 for Uhe souUheast corner of Uhe herein described tract. Thence S 28°29'00"W,and with Uhe south line of said Lot 2,a distance 20.00 feet to a 518 inch iron put set for Uhe southwest comer of Uhe herein described tract. Tlhcncc N 61°48'36"W a distance of 60.56 feet to a 5/8 inch iron pin set in Uhe cast lbic of said Lot 1 for Uhc northwest corner of Uhc herein described tract Thcucc N 28°29'00"E,and wiUh the cast line of said Lot 1,a distance of 20.00 feet to Uhc point of bcgitming and containing 1,211 square feet. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMESIS SURVEYED,I DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED FROM THE PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT THE SAME 15 TRUE AND CORRECT. Dwhaway Associates,Inc. A EugcnL4D.Abbey Registered Public Land Surveyor No.4836 t EUGEENFF.. D.ABt)EY January 28, 1998 -^� "� r^ ``y 4586 t,lh tv�- �vv� i REMAINDER OF RIVER PARK VOLUME 7657, PAGE 942 DEED RECORDS, rARRANr COUNTY, 7EXAS 5/8"IRON PIN I I PolNr of COMMENCING of 21� ? 631 a N i In POINT OF I BEGINNING I S 61 48'36" E 5/8' I.P.S. . E 6.00 0 I.P.S. 00 60.56' o 0 0 N N 61'48'36" W �' Z 5/8• I.P.S. m 60.56' 1,271 sq.ft. � LAJ I � Io O ° N O to h k- s W I v I LOr 2, BLOCK 2, p RIVER PARK 1 pP� Volume J88-152, Page J4 t�Q LOr TR, BLOCK 2, RIVER PARK ADON, y1PQ0A6 Cabinet A, Slide 5004 Plot Records, rarmnt County, Texas A 1 1 I I l 40 0 40 80 SCALE FEET 1 40 EXHIBIT "B" 1 DUNAWAY ASSOCIATES, Inc. ENGINEERS - PLANNERS - SURVEYORS 1501 MERRIMAC CIRCLE. SUITE 100 FORT WORTH, TEXAS 76107 PH.(617)335-1121 METRO(817)429-2155 FAX(817)335-7437 SHEET 2) OF 21 .9F OWN i 0ty of Fort Worth Texas Mayor and Council Communication I EN 07/30/Sd ••C-15W I 12MM 1 of I LICENSE AGREEMENT WITH RIVER PARK PLACE JOINT VENTURE FOR UNDERGROUND STORM DRAIN PIPES CROSSING RIVER PARK It Is noommondod that the City CouncH authorize the City Manager to execute a Rcense agreement with River Park Place Joint Ventura to permit two storm drain pipes to cross River Park. QuiQUAMM In oonnecton with its development of Lot 1 R, Bock 2 of River Park Addition, the developer, Riv r Park Puce Joint Venture,hes requosted permission from the City to plea two underground star-drain pipes across River Park. The attached opreement slows for the construction, operation and maintenance of the storm drain pipes. Al plans must be approved by the Parka and Curnmunhy Serviose Direotor and the property must be restored to he orIgirW condition after construction. Oblgetons for future maintenance of the storm drains will be the responeWNIty of the owner of Lot /R. t FISCAL INFORMATION/CERTIFICATION: The Dkeotor of Fine$Services certifies that this sproement wil have no materisl effect on City Funds. CIO MANOW M 4 I turn A XMW CWnZW AMOUrfr CITY AC(.UTARY ONO hr fool u..� ��p APPROVED 010-ft D M,,., CITY COUNCIL MW MUM (ham) . So rr A.ri..r Clfza�w=Nrt ar llw cNba cst WWW Tam Wbb AMU M22 e h...M f.a1w ftm