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