HomeMy WebLinkAboutContract 47367 (2)U?YBECRn,ta? Lit t
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LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
WEST 7TH, L.P. FOR THE DEVELOPMENT OF PARK IMPROVEMENTS IN FIRST
FLIGHT AND LINWOOD - JESSIE D. SANDOVAL PARKS
This LICENSE AGREEMENT FOR FIRST FLIGHT PARK AND LINWOOD-JESSIE D.
SANDOVAL PARK ("License") is made and entered into this .= of Oaeitn6�z- , 2015 ("Effective
Date") by and between the CITY OF FORT WORTH ("Licensor"), a home -rule municipality organized
under the laws of the State of Texas, and ELAN WEST 7TH, L.P., ("Licensee"), a Delaware limited
partnership, acting by and through ELAN WEST 7th GENERAL PARTNER GP, L.L.C., a Delaware
limited liability company.
WHEREAS, Licensee is developing approximately five acres of real property into a multi -family
development consisting of townhomes, apartments, and a parking garage, all of which is located west of Carrol
Street, north of Merrimac, east of Foch, and south of Azalea Avenue ("Linwood Development");
WHEREAS, pursuant to the City of Fort Worth's Neighborhood and Community Park Dedication
Policy ("Policy"), Licensor has been assessed a park dedication fee of $187,000.00 ("Park Dedication Fee") for
the Linwood Development;
WHEREAS, Licensor owns First Flight Park located at 2700 Mercedes Avenue, Fort Worth, Texas,
("First Flight") and Linwood — Jessie D. Sandoval Park located at 301 Wimberly Street, Fort Worth, Texas
("Linwood") (First Flight and Linwood are collectively referred to herein as the "Parks"), both of which are
adjacent to the Linwood Development;
WHEREAS, Licensee desires to construct certain community enhancements and improvements to
First Flight and Linwood as part of its Linwood Development, including, among other things, aviation themed
and dog park areas at First Flight and a pavilion at Linwood;
WHEREAS, construction costs related to Licensee's park improvements at First Flight will be applied
towards the Park Dedication Fee with any remainder to be paid to the Licensor;
WHEREAS, Licensor desires to license to Licensee and Licensee desires to license from Licensor
First Flight and a portion of Linwood for the purpose of allowing Licensee to construct park improvements,
after which Licensee intends to donate or dedicate such improvements to the City of Fort Worth;
WHEREAS, because the construction of the Discretionary Improvements (as hereinafter defined)
will help to enhance the overall environment and livability of the Linwood Development, Licensee desire to
enter into a separate Adopt -A -Park agreement to govern the Licensee's ongoing general maintenance
obligations for First Flight, which will be separate and apart from any obligations contained within this
License; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained
herein, the parties agree as follows:
1. PROPERTY LICENSED.
Licensor hereby grants unto Licensee a non-exclusive license over First Flight and a portion of
Linwood, the location and boundary of which are attached as Exhibit "A" and incorporated herein for all
purposes (the "Licensed Premises"). Licensor shall provide Licensee full access to the Licensed Premises for
the purposes stated herein during the Term, as defined herein.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
OFFICIAL RECORD/
CITY SECRETARY `1 of 51
Et WORTH, TX
2. TERM OF LICENSE.
2.1. Unless terminated earlier pursuant to the terms herein, the term of this License shall
commence on the Effective Date and expire on the earlier of (i) 135 calendar days after the
Effective Date subject to extension for force maj eure, or (ii) seven (7) days after Licensor's
receipt of notice from Licensee, of Licensee's abandonment of the Licensed Premises
("Term") Licensee may be provided with limited discretionary access to the Licensed
Premises after the Term to maintain and restore the Licensed Premises per Section 7 or to
perform any warranty work per Section 13.
3. RENT.
Licensee shall pay to Licensor the sum of $10.00 as rental for the full Term of the License, on or before
the Effective Date, and prior to Licensee's entry onto the Licensed Premises
4. CONSTRUCTION AND IMPROVEMENTS.
4.1. Discretionary Improvements.
a. Licensee may, at its sole discretion and subject to the terms herein (including, but
not limited to, the approval process set forth in Section 4 2), perform the modifications
renovations, improvements and other construction work set forth in Exhibit B. which is
attached hereto and incorporated herein, on the Licensed Premises. Licensee
acknowledges that the modifications, renovations, improvements, and other construction
work set forth in Exhibit B are not intended to be an approval of any such plans and
specifications by the City; rather, they are intended to define the scope of improvements
that are the subject of this Agreement and shall be referred to hereafter as the
'Discretionary Improvement(s)". The Discretionary Improvements shall include, but not
be limited, to, the fenced dog park, sidewalks, irrigation, grass, planter areas (raised and at
grade), trees, monument structure, passive seating areas, trash receptacles, fighting
improvements, signage, and a paviliion.
b. The Discretionary Improvements shall be performed by an affiliate of the Licensee
engaged by and paid exclusively by Licensee (' Licensee's Affiliate"). An "affiliate ' shall
mean all entities, incorporated or otherwise under common control with, controlled by or
controlling Licensee For purposes of this definition, "control" means fifty percent (50%)
or more of the ownership determined by either value or vote Licensee may not initiate any
Discretionary Improvement on or to the Licensed Premises unless it first submits all plans,
specifications, and estimates for the costs of the proposed work in writing and also requests
and receives written approval from the Licensor, or its designated representative
("Licensor's Representative"), which Licensor herein designates as the Director of the Park
and Recreation Department or his designee ("Director').
c. Upon the start of construction of any Discretionary Improvement on or to the
Licensed Premises by Licensee pursuant to the plans approved by Licensor in accordance
with Section 4.2, Licensee shall complete the Discretionary Improvements in accordance
with the plans and specifications within the Term (subject to Force Majeure Events). For
the purposes of this Section, "start of construction" shall mean the date stated in a Notice to
Proceed (or other similar document) issued by Licensee to Licensee's Affiliate. Licensee
covenants and agrees that it shall fully comply with all provisions of this License in the
performance of any such Discretionary Improvements. Title to all Discretionary
License Agreement with Elan West 7°i, LP for First Flight and Linwood Parks 2 of 51
Improvements shall be retained by the Licensee during construction, but such title shall
vest in the Licensor upon the completion of the Discretionary Improvements and execution
of a legal instrument vesting title of each Discretionary Improvement to the Licensor If
title is to any artwork, then title to such artwork shall also include all copyright. Licensee
shall take all steps necessary to vest title of the Discretionary Improvements to the
Licensor, including, but not limited to, delivery of an instrument of conveyance to the
Licensor in form of Exhibit C attached hereto.
d. Licensee agrees that it will not adversely impact the usability of any parkland not
subject to this Agreement during contruction of any Discretionary Improvements at
Linwood. Specifically, Licensee will ensure that its construction activities temain strictly
within the Licensed Premises at all times and that access to, and usability of, the other areas
of Linwood are unobstructed.
4.2. Process for Approval of Plans.
a. Licensee's plans for construction and improvements shall conform to the
architectural standards established by Licensor's Representative and must also receive written
approval from the Licensor's Representative and any other city depai t uents, boards, or
commissions as shall be required under ordinance or City policy. All plans specifications and
work shall conform to all federal, state and local laws, ordinances rules and regulations in
force at the time that the plans are presented for review. Licensor shall inspect all work
pursuant to its construction inspection procedures.
b. Approval by the Licensor of any plans and specifications relating to the Discretionary
Improvements shall not constitute or be deemed (i) to be a release by the Licensor of the
responsibility or liability of Licensee, Licensee's Affiliate or any of their subcontractors and
their officers, agents, employees and subcontractors, for the accuracy or the competency of
the plans and specifications, including, but not limited to, any related investigations, surveys
designs, working drawings and other specifications or documents, or (ii) an assumption of any
responsibility or liability by the Licensor for any negligent act, error or omission in the
conduct or preparation of any investigation surveys, designs, working drawings and other
specifications or documents by Licensee or any of its contractors, and their officers, agents,
employees and subcontractors.
4.3. Documents.
Licensee shall supply Licensor's Representative with comprehensive sets of documentation
relative to any Discretionary Improvements, including, at a minimum, as -built drawings of each
project. As -built drawings shall be new drawings or redline changes to drawings previously provided
to Licensor's Representative Licensee shall supply the textual documentation in computer format as
requested by Licensor
4.4. Letter of Credit Required.
Prior to commencement of any construction work or site work related to any Discretionary
Improvements, Licensee shall provide Licensor with a letter of credit ("Letter of Credit") in favor of
Licensor in the full amount of the estimated cost of all such Discretionary Improvements. The Letter
of Credit must be issued by a financial institution in the corporate limits of the City of Fort Worth and
in a form acceptable to Licensor. This Letter of Credit shall serve as security to Licensor for the
faithful performance by Licensee of all its obligations under any construction contracts for the
License Agreement with Elan West 7`h, LP for First Flight and Linwood Parks 3 of 51
Discretionary Improvements and for completion of the Discretionary Improvements in accordance
with the plans and specifications approved by Licensor pursuant to Section 4.2. The Letter of Credit
shall provide that Licensor may draw down any amount necessary to complete the Discretionary
Improvements or fulfill Licensee's obligations under any construction contracts by presenting the
issuer with (i) a written statement, signed by Licensor's City Manager, that states that Licensee has
failed to complete the Discietionary Improvements in accordance with the License and that Licensee
has been notified of such failure and has failed to cure such failure pursuant to and in accordance with
the License and (ii) a copy of the Letter of Credit. Licensee shall keep m effect and maintain this
Letter of Credit at the amount specified herein at all times until Licensor has accepted and taken title to
the Discretionary Improvements pursuant to Section 4.1. The Letter of Credit shall provide that the
Letter of Credit shall not expire and that the issuer shall not cancel the Letter of Credit unless the issuer
provides written notice both to Licensor and Licensee at least thirty (30) days prior to such expiration
or termination, in which event Licensee shall be obligated to provide Licensor with a substitute Letter
of Credit that complies with the requirements of this Section 4.4.
4.5. Park Dedication Fees.
a. Licensee shall either (i) expend or cause to be expended the Park Dedication Fee
on the Discretionary Improvements for First Flight, or (ii) pay to the Licensor an amount
equal the Park Dedication Fee. Licensee can satisfy the requirements of the foregoing (i)
or (ii) by any combination of (i) or (ii) above (i.e., Licensee may pay part of the amount
pursuant to subsection (ii) and expend or cause to be expended the remaining amount
pursuant to subsection (i) above). To prove the expenditures required herein Licensee
shall submit to the Licensor a final construction spending report along with receipts
documenting such expenditures on or before the final day of the Term If any amounts are
due to the Licensor per subsection (ii) above then such amounts shall be due and payable
within thirty (30) calendar days after written notice from the Licensor Expenditures by the
Licensee on the approved Discretionary Improvements will be applied to offset the Park
Dedication Fee on a dollar -per -dollar basis.
b. The Park Dedication Fee is intended to be the minimum amount of money required
to be expended for the Discretionary Improvements at First Flight. Nothing contained
herein shall restrict the Licensor's ability to construct improvements in First Flight that
exceed the amount of the Park Dedication Fee, provided that such improvements have been
approved pursuant to the terms of this License
5. USE OF LICENSED PREMISES.
Licensee hereby agrees to use the Licensed Premises strictly in accordance with the terms and
conditions of this License, and solely for the purposes related to the construction of Discretionary
Improvements related to the Licensed Premises, including, but not limited to, the maintenance and restoration
of the Licensed Premises
6. UTILITIES.
Licensee, at Licensee's sole cost and expense, shall be responsible for the installation and use of all
utilities services to all portions of the Licensed Premises and for all other related utilities expenses, including
but not limited to, deposits and expenses required for the installation of meters until the expiration or earlier
termination of the Term Licensee further covenants and agrees to pay all costs and expenses for any
extension, maintenance or repair of any and all utilities serving the Licensed Premises during the Term. In
addition, Licensee agrees that all utilities, air conditioning and heating equipment and other
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 4 of 51
electrically -operated equipment which may be used on the Licensed Premises shall fully comply with
Licensor's Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"), as they exist or may
hereafter be amended.
7. MAINTENANCE. REPAIRS. RESTORATION. AND ACCESS.
7.1. Access.
a. First Flight - Licensee may access First Flight at any location.
b. Linwood - Licensee's access point into Linwood to construct the Discretionary
Improvements is set forth in more detail in Exhibit A. The access area must be matted or
mulched to prevent damage to Linwood.
7.2. Documenting Condition of the Licensed Premise.
a. Licensee must provide the Director with videographic documentation of the
condition of the Licensed Premises, including, but not limited to, any underground utilities,
as they exist both before and after the uses permitted herein All such video must include a
visible date and time stamp indicating when the videography occurred. Licensee must
submit documentation of the pre -construction condition prior to commencing any work on
the Licensed Premises Post -construction documentation must be submitted no later than
five (5) business days after the last day of the Term. The Director will distribute copies of
the documentation to all appropriate City personnel to determine whether any damage has
been done to the Licensed Premises.
7.3. Maintenance. Repairs, and Restoration by Licensee.
a. Licensee agrees to keep and maintain the Licensed Premises in a good, clean and
sanitary condition at all times during the Term of this License Any ongoing, general
maintenance obligations of Licensee shall be set forth in a separate Adopt -A -Park
agreement to be executed by the parties hereto. Licensee covenants and agrees that it will
not make or suffer any waste of the Licensed Premises. Licensee at Licensee's sole cost
and expense, will make repairs necessary to prevent the deterioration in condition or value
of the Licensed Premises and any improvements thereon, including, but not limited to,
doors, windows and roofs for such improvements, and all fixtures, equipment,
modifications and pavement on the Licensed Premises Licensee shall be responsible for
all damages to the Parks caused by Licensee its agents, servants, employees, contractors,
subcontractors, licensees or invitees, and Licensee agrees to fully repair, restore or
otherwise cure all such damages, at its sole cost and expense, to the condition immediately
prior to Licensee s entry onto the Licensed Premises or better
b Notwithstanding anything to the contrary, to the extent any portion of the surface
of the Licensed Premises or the Parks is damaged or disturbed in connection with
Licensee's activities under this License, as determined by the Director in his sole
reasonable discretion, Licensee shall restore the surface of the Licensed Premises and the
Parks by (i) aerating the soil using a heave -action aerator with six -to -eight inch tines to
address compaction caused during the use of the Licensed Premises, (ii) sodding in
accordance with the plans and specifications set forth in Exhibit D. and (iii) watering the
restored areas as needed until the replacement vegetation is established and has been
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 5 of 51
approved and accepted by the Director. Prior to planting, Licensee shall provide the
Director with documentation certifying the type and quality of the materials to be planted.
The Director may, in the exercise of his reasonable discretion reject any materials that do
not meet the requirements of this section or Exhibit D Any restoration required under this
section must be completed by Licensee in compliance with the specifications set forth in
this section and the attached exhibits and inspected and approved by the Director which
approval shall not be unreasonably withheld, prior to the expiration of the Term
c. The Licensee may request limited access to the Licensed Premises to water, care
for, and establish replacement vegetation required under section ("Limited Access"). A
request for Limited Access must be made in writing and delivered to the Director at least
two weeks prior to the expiration of the Term. Replacement vegetation or seed must be in
place at the time the request is made. The Director may, in his reasonable discretion,
authorize Limited Access for a period not to exceed two weeks from the expiration of the
Term. During the Limited Access period no Licensee materials or equipment may remain
on the Licensed Premises with the exception of equipment directly involved in irrigation
and temporary fencing used to protect areas being restored
d Licensee agrees that all improvements, trade fixtures, furnishings, equipment and
other personal property of every kind or description that may at any time be on the
Licensed Premises shall be at Licensee's sole risk or at the sole risk of those claiming under
Licensee. Licensor shall not be liable for any damage to such property or loss suffered by
Licensee's business or business operations that may be caused by the bursting, overflowing
or leaking of sewer or steam pipes, from water from any source whatsoever, or from any
heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from causes of
any other matter.
e. If Licensee fails to complete all required maintenance, repairs, or restorations
under this License prior to the expiration of the Term or the Limited Access period, as
applicable, then the Licensor may either (i) extend the Term for a period not to exceed
thirty (30) calendar days; (ii) submit an invoice to Licensee detailing all damages caused
by Licensee and the reasonable cost to repair such damages* or (iii) perform such
maintenance, repairs, or restorations on behalf of Licensee. In the event Licensor performs
under either (ii) or (iii), the Licensee agrees to pay Licensor for the costs of the
maintenance, repairs, or restorations, with such payment to be due immediately upon
written request of the Licensor.-.
7.4. Minimizing Impact to Vegetation and Utilities.
a. Vegetation. Licensee shall not cut, remove, or damage any trees on the Licensed
Premises or the Parks except as otherwise agreed to by the Director. To minimize damage
during construction, the Licensee shall install orange mesh fencing on the outside drip line
of trees and other vegetation specifically identified by the Director at a pre -construction
meeting. Licensee 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 Licensee shall have at least two business days following
the date on which notice is received by the Licensor to conduct its inspection The
Licensee may begin construction on or after the third business day following the date on
which the Licensor receives notice unless the Licensor contacts the Licensee and identifies
specific issues that render the tree and vegetation protection measures unacceptable If any
tree within the Parks is damaged in connection with Licensee's operations, Licensee agrees
License Agreement with Elan West 7°, LP for First Flight and Linwood Parks 6 of 51
to undertake remediation efforts, including paying of remediation costs, in accordance with
Exhibit E, which is attached hereto and incorporated herein for all purposes.
b. Utilities. If the Licensee encounters any utility infrastructure (including, but not
limited to, electric lines, waterlines, sewei lines, storm drains and fines, or gas lines) in the
course of or in connection with Licensee s use of the Licensed Premises, the Licensee
covenants and agrees to cease construction operations and install protective matting over
or around such utilities in compliance with specifications approved by the City's Water
Department or by the Park and Recreation Department. Following installation of the
matting, Company shall contact the Director to arrange for inspection and approval by
appropriate City personnel. Licensee shall provide the Director with a copy of the matting
specifications and the Licensor's inspection report within twenty-four (24) hours of
receiving and prior to resuming construction in the Parks. Licensee may resume
construction after the date on which it provided the inspection report and specifications to
the Director unless the Director contacts Licensee and identifies specific issues that must
be addressed.
7.5. Inspections.
a. Licensor shall have the right and privilege, through its officers, agents, servants or
employees, to inspect the Licensed Premises at any time and for any reason
b. During any inspection, Licensor may perform any obligations that Licensor is
authorized or required to perform under the terms of this License or pursuant to its
governmental duties under federal state or local laws, rules or regulations.
c. Licensee will permit the City's Fire Marshal or his or her authorized agents to
inspect the Licensed Premises and Licensee will comply with all requirements of the Fire
Marshal or his or her authorized agents that are necessary to bring the Licensed Premises
into compliance with the applicable City of Fort Worth Fire Code and Building Code
provisions regarding fire safety, as such provisions exist or may hereafter be amended.
Licensee shall maintain in proper condition accessible fire extinguishers of a number and
type approved by the Fire Marshal or his or her authorized agents for the particular hazard
involved.
7.6. Environmental Remediation.
Licensee agrees that it has inspected the Licensed Premises and is fully advised of its own
rights without reliance upon any representation made by Licensor concerning the environmental
condition of the Licensed Premises. LICENSEE, AT ITS SOLE COST AND EXPENSE, AGREES
THAT IT SHALL BE FULLY RESPONSIBLE FOR THE REMEDIATION OF OR ANY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL
REGULATIONS OR STANDARDS THAT IS CAUSED BY LICENSEE, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, LICENSEE'S AFFILIATE, CONTRACTORS,
SUBCONTRACTORS OR INVITEES DURING THE TERM AND ANY DISCRETRIONARY
LIMITED ACCESS PERIODS. This Section 7.7 shall surive the expiration or earlier
termination of this License.
8. RIGHTS AND RESERVATIONS OF LICENSOR.
8.1. Licensor hereby retains the following rights and reservations
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 7 of 51
a. Licensor reserves the right to take any action it considers necessary to prevent
Licensee from erecting or permitting to be erected any building or other structure which, in
the reasonable opinion of Licensor, would limit the usefulness of the Licensed Premises or
diminish the capability of use of adjacent property owned by Licensor.
b. Licensor reserves the right to develop and improve adjacent property owned and
operated by Licensor and any improvements thereon.
c. Licensee's rights hereunder shall be subject to all existing utility and drainage
easements and rights -of -way granted by Licensor for the installation, maintenance
inspection, repair or removal of facilities owned or operated by electric, gas, water, sewer
communication or other utility companies. Licensee's rights shall additionally be subject
to all rights granted by any ordinance or statute which allows utility companies to use
publicly -owned property for the provision of utility services.
9. INSURANCE.
9.1 Generally. Licensee shall procure or require Licensee's Affiliate to procure and maintain
at all times during the Term in full force and effect, the following policies of insurance: (i)
statutory worker's compensation insurance for all of the Licensee's Affiliate's employees
and all workmen on the Licensed Premises performing construction of the Discretionary
Improvements, (ii) commercial general liability insurance, (iii) business automobile
insurance, (iv) builder's risk insurance, and (v) environmental impairment liability (EIL)
and pollution liability insurance The commercial general liability insurance policy and the
automobile liability insurance policy shall be primary to all other insurance maintained by
Licensee or Licensor and shall be non-contributory and shall be written for not less than the
limits of liability as follows:
a. Commercial General Liability:
$2,000,000 each occurrence;
$3,000,000 general aggregate per project;
$3,000,000 product / completed operations aggregate; and
$2,000,000 personal and advertising injury.
b. Business Automobile Liability:
$1,000,000 each accident on a combined single limit basis. Coverage shall be for
"Any Auto" owned, non -owned, and hired
c. Environmental Impairment Liability (EIL) and Pollution Liability:
2,000,000 per occurrence
2,000,000 aggregate
9.2. Certificates.
As a condition precedent to the effectiveness of this License, Licensee shall furnish Licensor
with appropriate certificates of insurance signed by the respective insurance companies as proof that
the Licensee or Licensee's Affiliate has obtained the types and amounts of insurance coverage
required herein If any such policy shall expire before the term of this License, Licensee shall furnish
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 8 of 51
to Licensor a renewal certificate of insurance not less than thirty (30) days prior to the expiration of
any such insurance policy required hereunder.
9.3. Additional Requirements.
a. All insurance companies providing coverage pursuant to the requirements of this
License shall have a minimum Best's Rating of A- and a Financial Size Category listing of
no lower than VII, both as provided by A.M. Best Company, Inc. Upon request by
Licensor, Licensee shall deliver a copy of all such policies of insurance required in this
License
b. The commercial general liability policy shall contain a contractual liability
endorsement and a products completed operations endorsement. The insurance policies
shall not include any of the following endorsements excluding or limiting coverage: (i)
contractual liability limitation CG 21 39 (ii) amendment of insured contract definition,
CG 24 26; (iii) exclusion — explosion collapse and underground property damage hazard,
CG 21 42 or CG 21 43; (iv) limitation of coverage to designated premises or project CG 21
44 07 98; (v) exclusion — damage to work performed by subcontractors on your behalf, CG
22 94 or CG 22 95; (vi) any type of construction defect completed operations exclusion;
and (vii) any type of punitive, exemplary, or multiplied damages exclusion.
c. All insurance policies shall contain a waiver of subrogation endorsement in favor
of Licensor and Licensee.
d 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 Licensor
e. If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall follow
form of the primary coverage.
f. The Licensor, its officers, agents, representatives, employees and volunteers shall
be named as an Additional Insured on all policies of insurance required herein.
10. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Licensee shall operate as an independent contractor as to all
rights and privileges granted herein, and not as an agent, representative or employee of Licensor Licensee
shall have the exclusive right to control the details of its operations and activities on the Licensed Premises and
shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, Licensee's
Affiliate, contractors, subcontractors patrons, licensees and invitees. Licensee acknowledges that the doctrine
of 1 espondeat superior shall not apply as between Licensor and Licensee, its officers agents, employees,
contractors, Licensee's Affiliate and subcontractors. Licensee further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between Licensor and Licensee.
11. INDEMNIFICATION AND LIABILITY.
11.1. LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
License Agreement with Elan West 7111, LP for First Flight and Linwood Parks 9 of 51
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR
OPERATIONS ON THE LICENSED PREMISES OR WITH THE MAINTENANCE,
USE, OR OCCUPANCY OF THE LICENSED PREMISES OR ANY
IMPROVEMENTS THEREON BY LICENSEE, ITS OFFICERS, AGENTS,
EMPLOYEES, LICENSEE'S AFFILIATES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT
CAUSED BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT OF LICENSOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
11.2. LICENSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LICENSOR, ITS OFFICERS, AGENTS,
SERVANTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND LAWSUITS, INCLUDING,
BUT NOT LIMITED TO, COPYRIGHT INFRINGEMENT, PROPERTY DAMAGE
OR LOSS AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO,
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE USE, MAINTENANCE, OR OCCUPANCY OF THE LICENSED PREMISES
OR ANY DISCRETIONARY IMPROVEMENTS CONSTRUCTED THEREON BY
LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES, LICENSEE'S AFFILIATES,
CONTRACTORS SUBCONTRACTORS, LICENSEES OR INVITEES DURING THE
TERM AND ANY DISCRETIONARY LIMITED ACCESS PERIODS, EXCEPT TO
THE EXTENT CAUSED BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT OF LICENSOR, ITS OFFICERS AGENTS,
SERVANTS OR EMPLOYEES.
11.3. LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR
FOR ANY AND ALL INJURIES OR DAMAGES TO THE LICENSED PREMISES OR
ANY IMPROVEMENTS THEREON, WHICH ARISE OUT OF OR IN CONNECTION
WITH ANY AND ALL ACTS OF LICENSEE, ITS OFFICERS, AGENTS,
EMPLOYEES, LICENSEE'S AFFILIATES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT
CAUSED BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT OF LICENSOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
11.4. Licensee agrees to assume full responsibility for complying with the Federal Copyright
Law of 1978 (17 U.S.C. 101, et seq.) and any regulations issued thereunder including, but
not limited to, the assumption of any and all responsibilities for paying royalties that are
due for the use of copyrighted works to the copyright owner, or representative of said
copyright owner. Licensor expressly assumes no obligations implied or otherwise
regarding payment or collection of any such fees or financial obligations Licensor
specifically does not authorize, permit, or condone the reproduction or other use of
copyrighted materials by Licensee or its agents, Licensee Affiliates, or licensees without
the appropriate licenses or permission being secured by Licensee in advance. Licensor
expressly assumes no obligation of review or obtain appropriate licensing and all such
licensing shall be the exclusive obligation of the Licensee
11.5. This Section 11 shall survive the expiration or early termination of this License.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 10 of 51
12. DEFAULT AND TERMINATION.
In addition to termination rights contained elsewhere in this License, Licensor shall have the right to
terminate this License as follows:
12.1. Failure by Licensee to Pay Rent. Fees or Other Charges.
If Licensee fails to pay any rent, fees or other charges due under this License Licensor shall
deliver to Licensee a written invoice and notice to pay the invoice within ten (10) calendar days If
Licensee fails to pay the balance outstanding within such time, Licensor shall have the right to
terminate this License immediately.
12.2. Breach or Default by Licensee.
If Licensee commits any breach or default other than Licensee's failure to pay rent, Licensor
shall deliver written notice to Licensee specifying the nature of such breach or default. Licensee shall
have ten (10) calendar days following such wntten notice to cure, adjust or correct the problem to the
standard existing pnor to the breach If Licensee fails to cure the breach or default within such time
period, Licensor shall have the right to terminate this License immediately.
12.3. Abandonment or Non -Use of the Licensed Premises.
Licensee's abandonment or non-use of the Licensed Premises for any reason for more than
thirty (30) consecutive calendar days during the Term shall constitute grounds for immediate
termination of this License by Licensor
12.4. Discontinuation or Failure to Complete Construction of Discretionary
Improvements.
a. Subject to extension by a Force Majeure Event, if Licensee ceases construction of
the Discretionary Improvements for more than fifteen (15) consecutive calendar days
Licensor shall deliver written notice to Licensee specifying the nature of such breach or
default. Licensee shall have five (5) calendar days following such written notice to resume
construction If Licensee fails to resume construction within such time period, Licensor
shall have the right to terminate this License immediately.
b. If Licensee fails to complete construction of the Discretionary Improvements in
accordance with the approved plans and specifications within the Term, Licensee shall be
in default of the License, absent a mutually agreed -upon written waiver of this time
requirement.
c. In the event of a default or termination under this Section 12.4, in addition to
Licensee's financial obligations to Licensor upon termination as provided in Section 12.5,
Licensee shall have the right, pursuant to Section 4.4, to draw down the necessary funds to
pay the reasonable costs of completion of the Discretionary Improvements in accordance
with the approved plans and specifications.
d. Licensor reserves all other rights and remedies available to it whether expressly
stated or not.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 11 of 51
12.5. Licensee's Financial Obligations to Licensor upon Termination. Breach or Default.
If Licensor terminates this License for any non-payment of rent, fees or other charges or for
any other breach or default as provided in Sections 12.1, 12.2, 12.3, or 12.4 of this License, Licensee
shall be liable for and shall pay to Licensor all rent due Licensor for the remainder of the Term as well
as all arrearages of rentals, fees and charges payable hereunder, and any other payments or costs
associated with Licensee s breach. In no event shall a reentry onto or reletting of the Licensed
Premises by Licensor be construed as an election by Licensor to forfeit any of its rights under this
License.
12.6. Rights of Licensor Upon Termination or Expiration.
Upon termination or expiration of this License, title to all improvements on the Licensed
Premises, including the Discretionary Improvements, and all fixtures and other items attached to any
structure on the Licensed Premises shall pass to Licensor In addition, all nghts, powers and privileges
granted to Licensee hereunder shall cease and Licensee shall vacate the Licensed Premises. Within
twenty (20) calendar days following the effective date of termination or expiration, Licensee shall
remove from the Licensed Premises all tools, machinery, equipment, materials and supplies placed on
the Licensed Premises by Licensee pursuant to this License (other than machinery, equipment and
materials incorporated into or used in the operation of the Facility). After such time, Licensor shall
have the right to take full possession of the Licensed Premises, by force if necessary, and to remove
any and all parties and property remaining on any part of the Licensed Premises. Licensee agrees that
it will assert no claim of any kind against Licensor, its agents servants employees or representatives
which may stem from Licensor's termination of this License or any act incident to Licensor's assertion
of its right to terminate or Licensor's exercise of any rights granted hereunder.
12.7 Adopt -A -Park Agreement.
Licensee and Licensor agree to execute an Adopt -A -Park agreement for the general, ongoing
maintenance of First Flight within thirty (30) calendar days after the execution of this License, unless
otherwise agreed to by the parties in writing. In the event that this License and the Adopt -A -Park are
not executed within the thirty (30) day timeframe or as otherwise agreed to by the parties in writing,
then the City shall have the right to terminate this License immediately.
13. WARRANTY AND CORRECTION OF DEFECTIVE WORK.
13.1 For a period of two (2) years following the date that title to the Discretionary Improvements
are tranferred to the City per the Conveyance Instrument attached in Exhibit C. Licensee represents
and warrants to the Licensor that the materials and equipment furnished for the Discretionary
Improvements are new, of good quality, in good working order, and perform as intended; and that all
work will be performed in conformance with the agreed upon plans and specifications and
professional "workmanlike" standards and free from defective or mferior materials and workmanship
(including any defects consisting of 'inherent vice," or qualities that cause or accelerate deterioration)
Licensee also represents and warrants that the Discretionary Improvements and materials used are not
currently known to be harmful to public health and safety Any Discretionary Improvements not
conforming to these requirements may be considered defective.
13.2 Licensee agrees to cure any breach satisfactorily and consistent with industry standards for a
period of two (2) years from the date that title to the Discretionary Improvements are transferred to the
City per the Conveyance Instrument attached as Exhibit C. provided Licensee is given notice and an
opportunity to repair or replace the Discretionary Improvements. Licensee shall commence any work
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 12 of 51
in accordance with this warranty within fourteen (14) calendar days from receipt of written notice
from the Licensor and complete such work within thirty (30) business days thereafter at no expense to
the Licensor If the Licensor observes any breach of warranty as described herein that is not curable by
the Licensee, then the Licensee is responsible for reimbursing the Licensor for damages, expenses and
losses incurred by the Licensor as a result of such breach. The warranties contained herein are not
exclusive. Nothing contained in this section shall limit or exclude any express or implied warranties,
including, but not limited to, any manufacturer or product warranties. To the extent that the
Discretionary Improvements, or any portion thereof, are covered by a manufacturer's warranty,
Licensee shall provide copies of such warranties to Licensor If any warranties are transferrable, then
the Licensee shall transfer such warranties to the Licensor upon the expiration of the Licensee's two
(2) year warranty period The representations and warranties in this section shall survive the
termination or other extinction of this License
14. NOTICES.
Notices required pursuant to the provisions of this License shall be conclusively determined to have
been delivered when (i) hand -delivered to the other party, its agents, employees, servants or representatives, or
(ii) deposited in the United States Mail, postage prepaid, addressed as follows:
To LICENSOR:
City of Fort Worth
Attn: Director
Park and Recreation Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With a copy to:
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, TX 76102
To LICENSEE:
Elan West 7`h, LP
Attn Laird Sparks
600 E. Las Colinas Boulevard, Ste. 2100
Irving, Texas 75039
15. LIENS BY LICENSEE.
Licensee acknowledges that it has no authority to engage in any act or to make any contract, which
may create or be the foundation for any lien upon the property or interest in the property of Licensor If any
such purported lien is created or filed, Licensee, at its sole cost and expense, shall liquidate and discharge the
same within ninety (90) calendar days of such creation or filing. Licensee's failure to discharge any such
purported lien shall constitute a breach of this License and Licensor may terminate this License upon thirty (30)
calendar days written notice. However, Licensee's financial obligation to Licensor to liquidate and discharge
such lien shall continue in effect following termination of this License and until such a time as the lien is
discharged.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 13 of 51
16. TAXES AND ASSESSMENTS.
Licensee agrees to pay any and all federal, state or local taxes, or assessments that may lawfully be
levied against Licensee due to Licensee s use or occupancy of the Licensed Premises or any improvements or
property placed on the Licensed Premises by Licensee as a result of its occupancy.
17. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
17.1. Licensee covenants and agrees that it shall not engage in any unlawful use of the Licensed
Premises during the Term. Licensee further agrees that it shall not permit its officers
agents, servants, employees, contractors, Licensee s Affiliates, subcontractors, patrons
licensees or invitees to engage in any unlawful use of the Licensed Premises, and Licensee
immediately shall remove from the Licensed Premises any person engaging in such
unlawful activities. Unlawful use of the Licensed Premises by Licensee itself shall
constitute an immediate breach of this License
17.2. Licensee agrees to comply with all federal, state and local laws, all ordinances, rules and
regulations of Licensor; and all rules and regulations adopted by the City Council
pertaining to the Licensed Premises and the Discretionary Improvements to be constructed
thereon If Licensor notifies Licensee or any of its officers, agents, employees, contractors
subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or
regulations Licensee shall immediately desist from and correct the violation.
18. NON-DISCRIMINATION COVENANT.
18.1. Licensee, for itself, its personal representatives, successors in interest and assigns, as part
of the consideration herein, agrees that no person shall be excluded from participation in or
denied the benefits of Licensee's use of the Licensed Premises during the Term on the basis
of race, color, national origin, religion handicap, sex, sexual orientation, familial status,
gender identity, gender expression, or transgender.
18.2. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS
NON-DISCRIMINATION COVENANT BY LICENSEE, ITS PERSONAL
REPRESENTATIVES, SUCCESSORS IN INTEREST OR ASSIGNS, LICENSEE
AGREES TO INDEMNIFY LICENSOR AND HOLD LICENSOR HARMLESS.
19. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this License, Licensor does not waive or surrender any
of its governmental powers or immunities.
20. NO WAIVER.
The failure of Licensor to insist upon the performance of any term or provision of this License or to
exercise any right granted herein shall not constitute a waiver of Licensor's right to insist upon appropriate
performance or to assert any such right on any future occasion
21. VENUE AND CHOICE OF LAW.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
License or of Licensee's operations on the Licensed Premises, venue for such action shall lie in state courts
License Agreement with Elan West 7`h, LP for First Flight and Linwood Parks 14 of 51
located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division. This License shall be construed in accordance with the laws of the State of Texas.
22. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this License and either party
should retain attorneys or incur other expenses for the collection of rent, fees or charges, or the enforcement of
performance or observances of any covenant, obligation or agreement, Licensor and Licensee agree that each
party shall be responsible for its own attorneys' fees.
23. SEVERABILITY.
If any provision of this License shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
24. FORCE MAJEURE.
If either party is unable, either in whole or part, to fulfill its obligations under this License due to acts
of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections• riots epidemics; 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 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 Force Majeure Event If a Force Majeure Event occurs the
City may rn 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 fit. Licensee hereby waives any claims it may have against the City for damages resulting from any such
Force Majeure Event.
25. HEADINGS NOT CONTROLLING.
Headings and titles used in this License are for reference purposes only and shall not be deemed a part
of this License.
26. AUDIT.
26.1. Licensee agrees that City and its internal auditor will have the right to audit, which shall
include, but not be limited to the right to complete access to and the right to examine, the
financial and business records of Licensee that relate soley to this License including, but
not limited to, all necessary books, papers, documents, records, and personnel
(collectively "Records") in order to determine compliance with this License Licensee
shall make all Records available to City at a location in Tarrant County acceptable to both
parties within thirty (30) days after written notice by City and shall otherwise cooperate
fully with City during any audit Notwithstanding anything to the contrary herein, this
section shall survive expiration or earlier termination of this License for a period of three
(3) years
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 15 of 51
26.2. Licensee further agrees to include in all of its contractor and design professional
agreements hereunder a provision to the effect that the contractor or design professional
agrees that Licensor shall, until the expiration of three (3) years following completion of
the construction of the Discretionary Improvements, have access during normal working
hours to all contractor or design professional facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. Licensor shall give contractor or design professional reasonable advance notice
of intended audits.
27. ENTIRETY OF AGREEMENT AND AIVIENDMENT.
This written instrument, including any documents attached hereto or incorporated herein by reference,
contains the entire understanding and agreement between Licensor and Licensee, its assigns and successors in
interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provisions of this License. The terms and conditions of
this License shall not be amended unless agreed to in writing by both parties and, if necessary, approved by the
City Council of Licensor.
IN WITNESS WHEREOF, the parties hereto have executed this License in multiples to be effective
as of the Effective Date.
CITY OF FORT WORTH:
ELAN WEST 7TH, L.P.,
a Delaware limited partnership
by: Elan West 7th General Partner GP, L.L.C.
a Delaware limited liability company
B
san Alanis
ssistant City Manager
Date: ialtiarols-
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. ; lach
Assistant City Attorney
By:
Laird Sparks
Vice President
Date: k ZI Z�I I S
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 16 of 51
ATTEST:
Mary J. Kayseify
City Secretary
Authorization:
M & C: C-27547
Date: December 8, 2015
COOOoo cxo
`�Jvf \1L
-51
f CI A
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
17 of51
EXHIBIT A
LICENSED PREMISES
First Flight Park
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
•
18 of51
Linwood — Jesse Sandoval Park
Approximate location
for new park
infrastructure.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
19 of51
i
The approximate location for new park
Infrastructure,
The entrance access shall be approximately
563 feet north d the intersection of Merrimac
Street and Wimberly Street
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 20 of 51
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
21 of 5l
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PADA= NCOOMPAIDO3P ONO =mom 2013POMUMW NOCIAW.i1TaIftti
PROJECT NAME: SANDOVAL PARK
PROJECT LOCATION: FORT WORTH, TX
BUILDING TYPE: SQR 24
ROOF TYPE: MULTI -RIB
JOB NUMBER: 51865
DRAWING LIST:
I SHEET NUMBER DRAWING DESCRIPTION
CS COVER SHEET
1 ARCHITECTURAL ELEVATIONS
2-2.1 ANCHOR AND FOOTING LAYOUT / DETAILS
3 STRUCTURAL FRAMING PLAN
4-4.1 FRAME CONNECTION DETAILS
5-5.1 ROOF LAYOUT
6-6.2 ROOF CONNECTION DETAILS
MANUFACTURER NOTES:
MATERIALSz
DESCRIPTION
TUBE STEEL
SCHEDULE PIPE
RMT PIPE
UGHT GAGE COLD FORMED
STRUCTURAL STEEL PLATE
ROOF PANELS (STEEL)
ANCHOR BOLTS
GERAL UNLESS NOTEDOTHER WISE. THIS STRUCTURE WAS DESIGNED TO ONLY SUPPORT WHAT
IS SHO M ON THESE DRAWINGS. POUGON MUST BE CONTACTED IF ANYTHING ELSE IS TO
BE ATTACHED TO THIS STRUCTURE (WALLS. COLUMN WRAPS, RAIUN GS. ETC.) SO THE
DESIGN OF THIS STRUCTURE CAN BE REVIEWED AND POSSIBLY REVISED.
EaTILDESIGNAZ2QN
AS3 (GRADE(GRACE
S) )
A1003
(GRADE 5(3)
A36
AB53
SEE SHEET 2.1
UNLESS NOTED OTHERWISE. THIS STRUCTURE WAS DESIGNED ASSUMING A 20'
SEPARATION BETWEEN ANY ADJACENT STRUCTURE MATH AN EAVE HEIGHT EQUAL TO OR
GREATER THAN THE EAVE HEIGHT OF THIS STRUCTURE. IF THAT SEPARATION DOES NOT
EXIST. POLIGON MUST BE CONTACTED SO THE DESIGN OF THIS STRUCTURE CAN BE
REVIEWED AND POSSIBLY REVISED.
STRUCTURAL STEEL SHALL BE DETAILED, FABRICATED. AND ERECTED IN ACCORDANCE
WITH THE LATEST EDITION OF THE AMERICAN INSTITUTE OF STEEL CONSTRUCTION (A"SC)
SPECIFICATION MANUAL
ALL WELDING IS PERFORMED BY AMERICAN WELDING SOCIETY CERTIFIED WELDERS AND
CONFORMS TO THE LATEST EDITION OF AWS D1.1 OR 01.3 AS REQUIRED.
PARTS SHOWN MAY BE UPGRADED DUE TO STANDARDIZED FABRICATION.
REFER TO THE SHIPPING BILL OF MATERIALS AND FINAL INSTALLATION INSTRUCTIONS
INCLUDED WITH THE STRUCTURE FOR POSSIBLE SUBSTITUTIONS AND IMPROVEMENTS.
FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS RECOMMENDED THAT THE
PRIMARY FRAME INSTALLER AND THE ROOF INSTALLER HAVE A MINIMUM FIVE (5) YEARS
DOCUMENTED EXPERIENCE INSTALLING THIS TYPE OF PRODUCT.
FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS RECOMMENDED THAT
ELECTRIC WIRING, IF REQUIRED. BE RUN THROUGH THE STRUCTURAL MEMBERS BEFORE
THE BUILDING IS ERECTED.
CI tYRIC PH YNP RAL A OVER FABRICATOR AC08.2010
CITY OF LOS ANGELES. CA APPROVED FABRICATOR 11598
CITY OF RIVERSIDE, CA APPROVED FABRICATOR 8SP06-0033
CITY OF HOUSTON. TX APPROVED FABRICATOR 0470
CLARK COUNTY, NV APPROVED FABRICATOR 1264
STATE OF UTAH APPROVED FABRICATOR 02008.14
CERTIFJCATrF,$
MIAMI-BADE COUNTY CERTIFICATE OF COMPETENCY NO. 13-0813.16
PCI (POWDER COATING INSTITUTE) 4000 CERTIFIED
DESIGN CRITERIA:
GENERAL.:
2009 INTERNATIONAL BUILDING CODE
OCCUPANCY CATEGORY: II
DEAD LOAD:
ROOF DEAD LOAD: 2 PSF
FRAME DEAD LOAD: SELF WEIGHT
LIVE LOAD:
ROOF UVE LOAD: 20 PSF
.SNOW DESIGN DATA:
GROUND SNOW LOAD (Pg): 5 PSF
FLAT ROOF SNOW LOAD (P1): 5 PSF
SNOW EXPOSURE FACTOR (Co): 1.0
SNOW LOAD IMPORTANCE FACTOR (Is): 1.0
THERMAL FACTOR (CI): 12
WIND DESIGN DATA:
BASIC WINO SPEED (V): 90 MPH
GUST EFFECT FACTOR (G): 0.85
WIND IMPORTANCE FACTOR Iw): 1.0
INTERNAL PRESSURE COEFFICIENT (GCpI): 0
WIND EXPOSURE: C
SEISMIC DESIGN DATA:
STEEL SYSTEMS NOT SPECIFICALLY DETAILED
FOR SEISMIC RESISTANCE
SEISMIC IMPORTANCE FACTOR (le): 1.0
SEISMIC DESIGN CATEGORY: C
SEtSMIC SITE CLASS: 0
SEE CALCULATIONS FOR ADDITIONAL DATA
ADDITIONAL CRITERIA:
NONE
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License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 31 of 51
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License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 32 of 51
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`$OR DQLT ��HEADE(GRACE Ay YAA'READE USNLESSN0H. WISE 071
2 ANCHOR BOLTS SHALL BEEITHER 'HEADED' OR 'THREADED WITH NUT' AS DEFINED IN
THE ANCHOR
INSTITUTE OF Si ELL CONSTRUCTION MANUAL (PART 1a), I01A EDITION
HOOKED3. ANCHOR BOLTS ARE NOT ACCEPTABLE.
4. ACCURATE ANCHOR BOLT PLACEMENT IS CRITICAL TO ENSURE THE ANCHOR BOLT
LAYOUT MEETS THE DIMENSIONS REQUIRED CN THE DRAWINGS. SURVEY (OR MEASURE)
THE LOCATION OF ALL ANCHOR BOLTS PRIOR TO POURING THE FOOTINGS, AN
ADDITIONAL SURVEY (OR MEASUREMENT) SHOULD BE MADE AFTER THE FOOTINGS ARE
POURED TO CONFIRM THE ANCHOR DOLTS DID NOT SHIFT DURING THE CONCRETE POUR-
5 POLIGON STRONGLY RECOMMENDS USING ANCHOR BOLT TEMPLATES BECAUSE THEY
SIGNIFICANTLY IMPROVE THE ACCURACY OF ANCHOR BOLT PLACEMENT AN ANCHOR
BOLT TEMPLATE IS PROVIDED WITH ANY PINNED BASE ANCHOR BOLT KIT PURCHASED
FROM POUGON
6. IF OUTSIDE CONSULTING ENGINEERS ARE DESIGNING THE FOUNDATIONS FOR THS
STRUCTURE. THEY MUST REFER TO POLIGON OAONS FOR MINIMUM CONCRETE
PROPERTIES (COMPRESSIVE STRENGTH. EDGEE DISTANCE. ETC ) REQUIRED FOR THE
ANCHOR BOLT DESIGN,
7 ELECTRICAL ACCESS HOE IS ALWAYS LOCATED IN THE COLUMN BASE PLATE AS SHOWN
BE SURE TO KEEP 'THE ANCHOR BOLT TEMPLATE PROPERLY ORIENTED WHEN ELECTRICAL
ACCESS TO THE COLUMN IS REQUIRED T.EMPIATF At UST RF RFM'1VFO RFFORF
INSTAL INCICOI UMNz
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DIAMETER AND tARGER BOLTS. ANCHOR BOLTS NEED NOT BE 1IGHTEbED
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P. I OCAL IJRL'.OICTON; MAY REQUIRE AN RNSPECTOR TO eE PRESENT TO
WITNESS HARDWARE INSTALLATION AND REDEPENDENt TESTING.
INSERCCHPCCIION.ON REQUIREMENTS SHOO'LD BE VERIFIED PRIOR TO STEE.
3. ERECTION Of THC FRAMING MEMBERS WET REVERE IHE MAIN COLUMNS
10 BE PLUM5 SQUARE AND TIGHTENED 10 HIE TRUSSES AND PENSION
MEMBERS BEFORE INSTANT/EC, THE PUk1nS. PUYLINS.3 REQUIRED, MUST BE
PARALttI TO I)I: SAYE BEAMS AND 1E`SON MTMfERS.
4, TOUCH-UP PAINT MUST BE APPJED TO ALL EXPOSED BOLTS TS NUTS.
PERIODIC IOUO I.UP AT TM SE BOLTED CONNECTIONS TS REQUIRED,
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OR GA:VA/TONG. DIE FRAME WILL BE PRIME PAINTED AND VAL. EX
REQUIRED pp BE fINRH PANTED :N THC FIELD Wt➢f ALL PAINTS MATERIALS
AND LABOR NOT BY POLIGON (PORTCRCORPI. REFER TO TItiAL SALES
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6, PRIOR TO THE ERECTION OF SH ELTER COMPONEN IS. IT IS RECOMMENDED
TO CHASE AND TAP STRUCTURAL HARDWARE EVENTHOUG)I POLIGON
MAKES EYESY EFFORT TO PROItCTTh1 HARDWAR: OTIRNG THE PROCESS
OE PRODUCTION, TJNSH, AHD DEEPiMG, THE ON-SHt CHA5I1 LAND
TAPPING OF THREADS TS ALWAYS GOOD POLCT.
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REMOVED AFTER .NS1AI LATRJN. ENSURE NO SHAVING ART TRAPPED
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License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 36 of 51
PS 5/8'
I' 27/6'
12
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PURLIN
TENSION MEMBER
-COMPRESSION TUBE
UP
ULTI RIB I'ANa ROOF
MULTI -RIB NOTES*
THE DETAILS SHOWN ARE SUGGESTIONS
OR GUIDELINES ON HOW TO ERECT THE
SYSTEMS. THE INFORMATION SHOWN IS
ACCURATE. BUT IT LS NOT INTENDED TO
COVER ALL INSTANCES, BUILDING
REQUIREMENTS, DESIGNS OR CODES. Till
DETAILS MAY REQUIRE CHANGES OR
REVISIONS DUE TO FIELD CONDITIONS,
IT SHALL BE THE RESPONSIBILITY OF THE
ERECTOR TO ENSURE THAT THE DETAILS
MEET PARTICULAR BUILDING
REQUIREMENTS AND l0 ASSURE
ADEQUATE WATER TIGHTNESS.
THE ERECTOR SHOULD THOROUGHLY
FAMILIARIZE HIMSELF/HERSELF WITH ALL
ERECTION INSTRUCTIONS BEFORE
STARTING WORC.
IITE PANELS SHOULD BE INSTALLED
PLUMB. STRAIGHT. AND ACCURATELY TO
THE ADJACENT WORK.
FLASHING AND TRIM SHALL BE INSTALLED e
TRUE, AND IN PROPER ALIGNMENT. WITH co
ANY EXPOSED FASTENERS EQUALLY
SPACED FOR THE BEST APPEARANCE.
N
SEALANT SHALL BE FIELD APPLIED ON L m
DRY, CLEAN SURFACES, SOME FIELD
CUTTING AND FITTING OF PANELS AND
FLASHING 15 TO BE EXPECTED BY THE 8 n
ERECTOR AND MINOR FIELD m
CORRECTIONS ARE A PART OF NORMAL : • ON
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WORKMANSHIP SHALL BE OF THE BEST x _?�
INDUSTRY STANDARDS AND S 3
INSTALLATION SHALL BE PERFORMED BY
EXPERIENCED METAL CRAFTSMEN. --'
METALSHAVINGS FROM DRILLING OR
INSTALLATION OF ROOF FASTENERS MUST
BE CAREFULLY REMOVED FROM THE
ROOF BY BRUSHING OR SWFEPING AT
THE END OF EACH DAY DURING
INSTALLATION. SHAVINGS LEFT ON THE
ROOF WILL QUICKLY RUST AND STAIN THE
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EXHIBIT C
FORM OF CONVEYANCE INSTRUMENT
CONVEYANCE INSTRUMENT FOR PARK IMPROVEMENTS
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT
THAT, Elan West 7t', L.P., a Delaware limited partnership, acting by and through Elan West 7th
General Partner GP, L.L.C, a Delaware limited liability company ("Grantor"), does hereby GIVE, GRANT
AND CONVEY unto the City of Fort Worth, a municipal corporation existing under the Constitution and laws
of the State of Texas ("Grantee"), the newly constructed improvements located at [Linwood -Jessie D
Sandoval Park, located at 301 Wimberly Street, Fort Worth, Texas] [First Flight Park, located at 2700
Mercedes Avenue, Fort Worth, Texas], including [Insert a list of the Improvements or an Attachment],
together with all rights appertaining thereto, if any (herein collectively called the "Improvements").
This Conveyance Instrument for the Improvements is executed by Grantor and accepted by Grantee
subject to the terms and conditions of Fort Worth City Secretary Contract Number [Insert Number], including,
but not limited to, all indemnification, liability, copyright, and warranty provisions contained therein. The
Grantor represents and warrants that the Improvements are free and clear of any liens, claims, restrictions,
covenants, and any other matter of whatsoever nature, if any, affecting the Improvements.
TO HAVE AND TO HOLD the Improvements together with all and singular the rights thereto in
anywise belonging unto Grantee, its successors and assigns forever.
WITNESS THE EXECUTION HEREOF as of the day of , 20 .
GRANTOR:
Elan West 7th L.P.,
a Delaware limited partnership
by: Elan West 7t' General Partner, GP, L.L.C.,
a Delaware limited liability company
By:
Laird Sparks
Vice President
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 40 of 51
STATE OF
COUNTY OF
§
§
§
This instrument was acknowledged before me on the day of , 20 , by
of Elan West 7th L.P., by and through Elan West 7th General Partner,
GP, L L C , on behalf of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 .
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 41 of 51
EXIIIBIT D
SODDING AND SEEDING SPECIFICATIONS
SECTION 02930 - SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding
for Erosion Control' and Item 180, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the Licensor,
in writing prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season* The season varies according to species (see Part 2 - Products). Do not seed
when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour
B. Schedule After All Other Construction and planting is complete.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 42 of 51
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible
for daily supervision of his crew, and foi the planting and mamtaming of seedlings until acceptable,
viable growth is achieved and the project accepted by the Licensor
PART 2-PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per
acre.
Substitution of individual seed types due to lack of availability shall be made only by the
Licensee at the time of planting. The Licensor shall notify the Licensee, pnor to bidding, of
difficulties locating certain species Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the
field and approved by the Director Any adjustment of area location by the Director shall be
considered incidental and shall not entitle the Licensor to additional compensation.
•
Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS)
and other matenal in the mixture. Johnsongrass and nutgrass seed shall not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity Germination
25 Bermuda (unhulled) Cynodon dactylon
75 Bermuda (hulled)
Cynodon dactylon
Substitute the following if planted between September 10 and April 15:
85%
95%
90%
90%
Lbs./Acre Common Name Scientific Name Purity Germination
220 Rye Grass Loliunr nrultjonnn 82% 80%
40 Bermuda (unhulled) Cynodon dactylon 84% 85%
2. Native grass seed - The seed shall be planted between February 1 and October 1 and
shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 43 of 51
1.6
5.5
3.7
17.0
1.8
0.5
6.0
8.0
1.2
1.8
10.0
Green Sprangletop
Sideoats Grama*
Little Bluestem*
Buffalograss
Indian Grass*
Sand Lovegrass*
Big Bluestem
Eastern Grama
Blue Grama
Switchgrass
Prairie Wildrye*
Leptochloa dubia
Bouteloua curtipendula
Schizachyrium scoparium
Buchloe dactyloides
Sorghastrtnn nutans
Eragrostis trichodes
Andropogon gerardii
Tripscacum dactyloides
Bouteloua gracilis
Panicum viigatum
Elymus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or within
three (3) feet of a walkway.
3. Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A).
seed shall be planted between March 5 and May 31 or between September 1
December 1 and shall consist of:
the
and
Lbs. PLS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepius tuberosa
2.0 Clasping Coneflower* Rudbeckia amplexicaulis
3.0 Golden - Wave Coreopsis basalis
13.4 Illinois Bundleflower Desmanthus illinoensis
13.6 Partridge Pea Cassia fasciculata
2.0 Prairie Verbena Verbena bipinnatifida
8.0 Texas Yellow Star Lindheimeri texana
8.0 Winecup Callirhoe involcrata
2.0 Black-eyed Susan
18.0 Cutleaf Daisy
2.0 Obedient Plant
3.0 Pitcher Sage
2.0 Plains Coreopsis
8.0 Scarlet Sage
Rudbeckia hirta
Engehnannia pinnatiflda
Physostegia intermedia
Salvia azurea
Coreopsis tinctoria
Salvia coccinea
*These wildflowers are not to be planted within ten feet of a road or parking lot or
within three feet of a walkway
4. Temnorary erosion control seed
When specified on the plans, temporary control measures shall be performed. These
measures shall consist of the sowing of cool season plant seeds and the work and
materials as required m this section.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 44 of 51
B. Mulch
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper -by-products (waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required foi wildflower seeding.
b. Where applying fertilizer on newly established seeding areas - 100 pounds of
Nitrogen per acre.
c. Where applying fertilizer on established seeding areas - 150 pounds of
Nitrogen per acre.
D. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper
mulch, (see 2 01, B Mulch and 3 03).
2. Foi seeding application in areas 3.1 slope or greater, use the following soil retention
blanket (Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL
2.02 MIXING
Seed mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment.
PART 3 - EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots brush wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one inch (1") deep.
2. If area is sloped greater than 3.1, run a tractor parallel to slope to provide less
seed/water run-off.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 45 of 51
3. In areas near trees. Do not till deeper than one half (1/2") inch inside "drip line" of
trees.
C. Water: Shall be furnished by the Licensee as an ancillary cost to the License by the Licensee
by means of temporary metering / irrigation, water truck or by any other method necessary to
achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification The water
source shall be clean and free of industrial wastes or other substances harmful to the
germination of the seed or to the growth of the vegetation. The amount of water will vary
according to the weather variables. Generally, an amount of water that is equal to the average
amount of rainfall plus one half inch (1/2") per week should be applied until such time 100%
full growth coverage is achieved and one mowing cycle is performed by the Licensee and
accepted by the Licensor.
Watering: Soil should be watered to a minimum depth of four inches within forty eight (48)
hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake tightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass
clippings, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties of
seed, as well as fertilizer, may be distributed at the same time provided that each component is
uniformly applied at the specified rate Seed shall be drilled at a depth of from one quarter
inch to three eighth inch (1/4 '-3/8") utilizing a pasture or rangeland type dnll. All drilling is
to be on the contour. After planting, the area shall be rolled with a roller integral to the seed
drill, or a corrugated roller of the "Cultipacker" type All rolling of slope areas shall be on the
contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied
concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1 500 lbs./acre.
2. Sandy soils, sloping surfaces - minimum 1 800 lbs./acre.
3. Clay soils flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily
water application if necessary:
1. For approximately twenty-one (21) days, or
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 46 of 51
2. Until seeds have germinated and have rooted in soil, (see 3 04 B 2) and project has
been accepted by the City
3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE
A. Includes initial seed and / or sod application and establishment, protection, replanting as
necessary , maintaining grades and immediate repair of erosion damage until the project
receives final acceptance. Refer to Part 2 — 2.01— D. for watering requirements to be
executed by the contractor.
B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of
three (3") inches with one mow cycle performed by the Licensee on all newly established
areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a reasonable
length of time, as determined by the City.
2. A "stand" shall be defined as:
a. Bermuda/Rye grasses See 3.04 B
b. Native grass and wildflowers: eighty percent (80%) coverage of growing
plants within seeded area within twenty-one days of seeding date on a
smooth bed free of foreign material and rocks or clods larger than one inch
diameter.
END OF SECTION
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 47 of 51
PART 2—PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons,
leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign
materials and grasses Sod shall have been produced on growing beds of clay or clay -loam
topsoil. The sod shall not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept
moist and shall be stacked roots -to -roots and grass -to -grass.
B. The sod shall be cut in strips four feet wide to be laid parallel with the contours.
2.02 FERTILIZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial
wastes or other substances harmful to the gennination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally, the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
after spreading the fertilizer.
2.04 COMPOST
All compost material is to be totally organic and decomposed for at lease nine months. All
compost is to be clean and free of fungus, disease live plants, seed, excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner" or "Perm Green Compost", as specified below
or an approved equal, shall be used. Raw organics are not acceptable.
•
•
A. For soil with an alkaline nli condition: Use "New Life Acid Ciro'' (acid pl-I) soil
conditioner as produced by Soil Building Systems of Dallas or an approved equal.
B. For soil with an acidic nl1 condition: Use "Perna Green Compost" by Texas Faith
Resources Inc. of Dallas, or "New I.ife Natural Grower" (ph 8.0 to 9.0) by Soil Building
Systems, Inc.. of Dallas.
C. Sample and Specification Submittal: Submit a producer's spccitication and a quart
sample of the compost proposed for the City's approval.
I URF SODDING
02930
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
48 of 51
wwArneessmitemsaineeee414444411411114
PART 3 - EXECUTION
3.01 GENERAL
All turfing operations are to be executed across the slope, parallel to finished grade contours.
3.02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
13. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and
prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel -
type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage, then followed by a disc harrow. Depth of
Wine shall be five inches. A heavy duty rototiller may be used for areas to be planted
is ith sod.
C. Cleaning: Soil shall be further prepared by the removal of debris, building materials,
rubbish, weeds and stones larger than one inch in diameter.
U Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with
one-half inch compost and then shall be leveled, fine graded, and drug with a weighted
spike harrow or float drag The required result shall be the elimination of ruts,
depressions, humps and objectionable soil clods. This shall be the final soil preparation
step to be completed before planting.
3.03 PLANTING
Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly,
tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the
sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets,
provide a true and even surface, and insure knitting without displacement of the sod or
deformation of the surfaces of sodded areas. Followinb compaction, compost shall be used to till
all cracks between sods. Excess compost shall be worked into the grass with suitable equipment
and shall be well watered The quantity of compost shall be such that it will cause no smothering
or burning of the. grass.
3.0-4
FERTILIZING
Tnenty-one days alter planting, turlgrass areas shall receive an ipplication of .3-1-2 fertilizer at
the rate of 45 pounds of nitrogen per acre. Water well alter application to prevent burning.
END O, SECTION
ARE Sui)Ifl .c;
tnr,
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks
49of51
EXHIBIT E
DAMAGE TO CITY TREES
NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the Licensee Failure to replace damaged trees shall be considered a breach of
contract and Licensee shall be assessed for damages. Slight or moderate damage to trees will result in
assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1 Licensee will check trees in the Licensed Premises before contract work begins, any damage
will be noted and reported to the Director.
1.2 The Director 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, and Licensee will attend the inspection.
1.4 Damages shall be documented by memo to the City Forester with copy to contract file and the
Licensee..
1.5 Licensee may have the option of replacement or payment for severely damaged trees at a
location to be designated by the Ditector. 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. Licensee shall be responsible for any planting, watering, mulching and
maintenance of replacement trees for a period of not less than 2 years Licensee 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'h" 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 lymg 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 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 %2
the assessed value of the tree per each instance of damage.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 50 of 51
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.
1.19 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 Licensee shall be removed
by the Department's Forestry Section Tree Removal Contractor at Licensee'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 Licensee will be automatically assessed damages.
Damages as described herein shall be deducted from payments otherwise due to Licensee.
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.
License Agreement with Elan West 7th, LP for First Flight and Linwood Parks 51 of 51
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Corrected on 12/8/2015 - Approved As Corrected
CONTINUED FROM A PREVIOUS WEEK
DATE• Tuesday, December 01, 2015 REFERENCE NO.: C-27547
LOG NAME: 80FIRST FLIGHT / JESSIE D, SANDOVAL DEVELOPMENT LICENSE AGMT
SUBJECT:
Authorize Execution of a License Agreement with Elan West 7th, L.P., to Construct Various Improvements
for First Flight Park and Linwood -Jessie Jesse D. Sandoval Park and Authorize Acceptance of
Improvements Upon Completion (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a License Agreement with Elan West
7th, L.P., for the construction of various park improvements in First Flight Park and Linwood -Jessie Jesse
D. Sandoval Park and accept such improvements as City property upon completion
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to enter
into a License Agreement with Elan West 7th, L.P. (Developer), for design and construction of park
infrastructure improvements in First Flight and Linwood -Jessie D. Sandoval Parks. The improvements for
First Flight Park, which is located at 2700 Mercedes Avenue, are in lieu of park dedication fees. The
Developer will be constructing approximately $200,000 00 in park improvements at First Flight Park in lieu
of paying $189,000.00 $187,000 00 in park dedication fees for the Carroll Street Apartments Project
(FP-013-029) located adjacent to the park. To the extent that the Developer expends Tess on the
proposed improvements at First Flight Park than the amount due for the park dedication fee, then the
Developer will be responsible for paying the City the difference. The Developer will also be constructing a
pavilion in Linwood -Jessie D. Sandoval Park, which is located at 301 Wimberly Street, as part of the
conditions stipulated in the Zoning Case No. ZC-12-118. All improvements at both sites will be required to
meet federal, state and local guidelines for accessibility and construction.
In accordance with the License Agreement, the Developer will file for all necessary permits to construct
the improvements. The attached documents contain additional details regarding the proposed
improvements and diagrams showing their locations.
The major terms of the License Agreement are as follows:
!Terms Period
The City will license Elan West 7th, L P , approximately 0.6 acres for the construction of
improvements at First Flight Park and approximately 0.6 acres for the construction of 135 Days
improvements and temporary access on Linwood -Jessie D. Sandoval Park
The Developer will construct improvements at First Flight Park, with an approximate
balue of $200,000 00, which will become City property upon completion and acceptance
by the City.
IThe Developer will construct a pavilion at Linwood -Jessie D, Sandoval Park with an
approximate value of $54,000.00.
Logname: 80FIRST FLIGHT / JESSIE D, SANDOVAL DEVELOPMENT LICENSE AGMT Page 1 of 3
All plans and improvements will be subject to approval by the Park and Recreation
Department (PARD) Director and all improvements will be inspected by PARD prior to
;acceptance.
Plans will be submitted to the Texas Department of Licensing and Regulation for
`accessibility review and subsequent inspection.
The types of improvements and amenities to be constructed at First Flight Park go beyond that which
would otherwise be constructed for parks of similar size, therefore, an enhanced level of service and
maintenance is required. As a condition to the zoning approval for the Carroll Street Apartment Project,
the Developer submitted a list of development standards to which it agreed to abide by in the development
of its project, which included a promise to adopt First Flight Park. City Staff has been working with the
Developer over the last few years on the planning and development of First Flight Park, including the
proposed improvements, under the assumption that the Developer would undertake long-term
maintenance of the park per its promise to adopt. To ensure that First Flight Park and any improvements
to be constructed thereon by the Developer, can be maintained at a level of service and maintenance
necessary for the proper and intended use of the park, the Developer will be required, as a condition of
the License Agreement, to enter into an Adopt -A -Park Agreement for First Flight Park to perform primary
maintenance of the park and all amenities and improvements thereon for an agreed upon period of time.
The PARD will incur an increase in cost of approximately $2,200.00 annually for maintaining the proposed
pavilion at Linwood -Jessie D. Sandoval Park, beginning in February 2016. PARD will include the total
annual park maintenance costs of $2,800.00 in the proposed 2017 budget.
First Flight Park and Linwood -Jessie D. Sandoval Park are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
funds are available in the current operating budget, as appropnated of the General Fund. There is
currently $31,594.00 allocated in the operating budget and the available balance is $31,594.00. Prior to
an expenditure being made the Park and Recreation Department has the responsibility to validate the
availability of the funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun
ID
Project
ID
FROM
Fund Department Account Project
ID ID
10100 0807021 5610401
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ProgramActivity
Budget
Year
Reference # Amounf
(Chartfield 2)
Program Activity Budget Reference # Amount
Year (Chartfield 2)
$2,200.00l
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. MAYOR AND COUNCIL first flight aerial pdf (Public)
2. MAYOR AND COUNCIL first fliaht pic pdf (Public)
3. MAYOR AND COUNCIL linwood 1 parkaerial.odf (Public)
Logname: 80FIRST FLIGHT / JESSIE D, SANDOVAL DEVELOPMENT LICENSE AGMT
Page 2 of 3
4. MAYOR AND COUNCIL linwood aerial p.pdf (Public)
Logname: 80FIRST FLIGHT / JESSIE D, SANDOVAL DEVELOPMENT LICENSE AGMT Page 3 of 3