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Home My WebLink AboutContract 28337f STATE OF TEXAS COUNTY OF TARRANT LYCENSE AGREEMENT �C)Ni��O�� _ 0 � � �_ � � i WHER.EAS, Trix�ity 2.87 Partners, Ltd. is the owner of certai.n real property abutting certain real property awned by the City oiFart Worth; and WHER.EAS, improvements consisting of a warehouse and appurtenances thereto have been constructed 1ay Trinity 2.87 Partners, Lfid, predecessor in tztle on iis property; and WHEREA�; i� has recently been discovered that a portion of such improvezara.ents encroach onto tbe City-owned property; and WHEREAS, Ciiy has been requested to allow Trinity 2.87 Partners, Ltd. �o continue to allow a smaIX portion of the encraachment iv continue, said portion being in�egral to the coniinued use and utility of the warehouse faciliry, said sma11 portion consist�ng of a concrete drauaage culvert, planter boxes, a m�tal guard�rail, and asphalt paving along the south side of the warehause; and - WHEREAS, City agrees to permit the encroaehment pursuant io ihe tenns of this Licei�se Agreement; NOW, THEREFORE: THIS LICENSE AGREEMENT is made and entered inta by and betvveen �the Czty of �'art Worth, hereinafter referred �o as "Lzcensor," and Trinity 2.87 Partne�rs, Ltd., hereina,t�er referred to as "Licensea"; SECTION 1. For and in consideraiion of the rental pay�ments to �e �aid uzxder �tbis license and the agreements of the parties expressed herein, Licensar does hereby grant to Licensee permission and license io maintain an eneroachnn.ent consisting af an existing concrete drainage culvert, concz'ete planter boxes, a rnetal guardrail, aa�d asphalt pa.ving on the City-owned property descri�ed as follows; 7,312 square feet out of the f. M. C. Lunch Survey, Abstract No. 1955, mare particularly described by Exhibit "A° which is attached hereto and made a part hereo£ i.l)I f � , _ �` � , � a i , The property described shall be referred ta herein as the "licensed premises." SECTION 2. Licensee shall pay Licensor an annual renta� of Five Hundred Dol3ars ($500.00}, which shall be due and payable on January 1 of each year of the license �e�n. The license term shall be �or five {5} years co�nmencin� January 1, 2003, and ternunating Decemher 31. 2047, unless a pxzor termination is e:Ffected by either paxfiy 1 hereto pursuant to tk�e terminatian provisions expressed herein, The Iicense may be renewed by Licensee for an additional successive frve (5) year term upon written notice to Licens�r prior fo expiration of the primary term. The tezYns of this license shall eontinue to govern and contra� the re�ationship of the parties during any renewal period, SECTTON 3. Licensar has not made, does not make, and specifically disclaims any representations, guarantees, covenants, agreernents or warran�ies (express ar implied) o� any kind or character as to th� nature, c�uality, co:�ditian, availability, merchantabiliiy, suital�i�iiy or fifa�ess of the lic�.nsed premises lfor any pariicular acti�ity, use or purpase including wi�hout limitation those activities, uses or purposes contemplated herein. Licensea hezeby acknovaledges that it has fully inspected the licensed premises and is relying solely upon its own invesiigation oF the condition of the licensed premises and not on any in�ormatia� pz'ovided by the Licensor. Lic�nsor shaIl delivez the iicensed premises in an "AS-TS" CONDIT�ON WITH ALL FAULTS, AND WITHOUT ANY WARRANTIE�, EXPRESS OR IMPLIED.. S�CTION 4. Licensee shaIl be solely responsible for the rnaintenance of ihe encroachment and the licens�d premises, at Licensees sole co�t and expense. Licensee shall comply with ar�y City sianda.rds �f rr�ai�tE�ax�ce a.ud sha.Il, at all times, maintain the Iicensed premises in a saf� condition. SEGTIC?N 5. Licensee shall j-�nt e�n�tY� �ct. any further improveme�.ts �r structuzes on �h� Iicensea premises without the prior written consent o� Licen�sor, SECTION G. (a} In the event it becomes necessary for ih� Licensor to utili�e the licensed premises far any munieipal purpose, in its sole discretion, Licensor may tenninate this license by giving Lic�nsee and any ather entity nam.ed in S�ction 11 hexeof writter� not�ce of termination at least Ninety (9C1} days prior to the uatended termination date. �) In the �event oi breach af any of the terms and conditions of this agreement by Licensee, Licensoz' r�ay terminate this �icense by giving Licensee and any other entity named in S�ction 11 hereaf written notice of termulation; provided, that Licensee and such ather entity sha11 ha�e thirty {30) days apportunity to cure �ny such default from ihe date such notice is served in accordance with tYus agreement, and in the event such default is cured wi�hin said thirty (3Q) d�.y period, this agreement w�ll continue in effect. (c} In the event this agreement i� terrninated, it shall be the duty o� LiCBI15G� ia remove a�y portions af the encroachmen� on the licensed premises, or other permitted improvements, ai Licensees sole expense, if directEd fo do so by Licensor. If instructed ta remove an encroaclunent or improvement the licen5�e shall have 90 days io comp�ete the removal and restore the pz'operty to a conditian acceptable to the Parks and Communiiy Services Department. If the Licensee shall fail to remove and resiore the licensed p�remises, Licensor may proceed to per�orm suc1� removal and restoration and may bill Licensee for �he cost thereof, which bill for cost shall be paid wiihin thirty (30} days of receipt by Licensee. Licensee agrees that it shaZl not be entitled to any reimbuzseme�t Far the cost or value of any improvernents, structures, or personal property Iocated on the licensed premises and removed by Licensor pursuant to this agreement, � SECTION 7. Licensee shall not commit nor allow any waste to be commit�ed on the licensed premises, nor sha11 Licensee�maintair�, commit or permit the maintenance or coznmission of any nuisance on the licensed premises or u�e the licensed premises for any unlaw�ul purpose. SECTZON 8. Licensee shall not assign p:r sublet this license without ihe priar written approval of Licensor, and any such unauthorizcd ass�gnment ar sublicense shall constitute a breach of this Iicense. SECTION 9. Licensar reserves the right to enter upon the licensed premises at all reasonable iirnes for the purpose of inspecting the premises or otherwise �sing the p:remises, provided fi1�at any such eniry does not conflict with Licensees rights hezeunder. SECTTON 10. Licensor reserves the right to use the parking lot on the licensed premise for spec�a� events and general park parking when the facility is nat operating. SECTION 11. LICEN$�E COVENANTS AND AGREES T� RELEASE, INDEMNI�Y� HDLD HARMLESS AND DEFEND LICENSOR� 1T3 OFFIC�RS, AGE1VTSy SERVANTS AND EMPLOYEES� FROM AND AGAINS�' ANY AND ALL CLAIMS OR SUITS �QR PROPERTY LOSS OR DAMAG� ANDIOR PERSONAL INJURY� INCLUDING D�ATH, WHETHER R�AL OR PERSONAL� LOSS OR DAMAG� TO ANY AND ALL PERSONS� OF WHATSOEVER HIND OR CHARACTER� WHETHER REA�. OR ASSERTED� AR�SING OUT OF OR IN C�NNECTION W1TI3� DLRECTLY OR INDIR�CTLY, OR ANY OTHER TYPE OF LOSS OR �1DV�RSE CONSEQiT�NCE RELATED IN ANY WAY TO THE �XISTENCE OF THIS LICENSE OR THE i7SE OR OCCUPANCY OR THE LICEIVSED PREMISES� RESULTING FROM THE N�GI,IGENCE OR ANY OTHER ACT OR OMI55ION O� LICEN5EE OR ANY THIRD PARTY WHETHER OR NOT CAUSED, I1V WH�LE DR IN PART, BY TH� ALLEGED N�GX.IGENCE OF THE O�'FICER5. AGEI�TS. SERVANTS, �MPLOYEES, COI�'l'RACTORS, SUBCONTRACTORS, LXCENSE�S AND II�VTT�ES OF THE CXTY. LICENS�� SHALL LIICEWXS� RELEASE� ZNDEMNiFY, HO�,D HARMLESS AN� DEFEND LICEN50R FROM AND AGAINST ANY AND ALL CLAIMS O�R SUITS RELATED IN ANY WAY TO ANY DAMAG� TO OR D�F�CTS IN THE LIC�NSED PREMISES OR ANY OTI3�R ADVERS� CONSEQCJENCES REI.,ATED TO THE LIC�NSED PREMIS�S, RESULTING FROM TFI� NEGLIGENCE OR ANY QTH�R ACT OR OMfSSION OF LICENSEE OR ANY THJ� PARTY, SECTION 12. All notices required her�under shall be sent to Licensor at the fallowing address: Director, Par1�s and Community Services Department City of Fort Worth 4200 South Fwy, Suite 2200 Fort Worth, TX 76 � 1 S All notices fio Lieense� shal� be sent to the following address(s}; Tri.nity 2.87 Partners, Ltd. c/o Reilly Brothers Property Campany 1000 Ballpark Park Way Suite 304 A,rlington, TX 76q11 3 Wifih a copy to: R. 3. Grogan, Jz., Attomey Grogan and Braw�er 2808 Fainmount Suite 15q Dallas, TX 75201 Mailing of all natice pursuant to tlus Sec�ion shall be de�zned sufficient if mailed posiage prepaid and addressed as specificd above, unless either party has been noti�.ed in writzng of any change in the other party.�Es address. AIl time periods related to any notice requirements specified in this license shall comrnence either on fihe dat� no#ice is znailed or on �he date notice is received by the party to whom it is sent, depending on the terms specified in the �ection Xeqniring notice. i� z�o terms are specified, notice shall be effective on ihe date it is mailed in accordance with this Section. . SECTION 13, It is expressly uz�derstood and agreed that the Licens�e is an. independent contractor and noi as an afficer, agent, se�vant or employae of the Ciiy; that Licensee shall be solely r�sponsihle �oar the acts and omissions of its officers, agents, �mployees, contactors and subcontractor; tha� ihe doctrine af respondeat �uperior shall not app�y a� between City and Licensee, its officers, agents, employees, contractors and subcantractors; and that nothin� herein shall be constzued as ezeating a partnership or jaint e�terprise between City and Licensee. No persan perfornr�ng any o� t�.ie work az�d services urider thi s License Agreernent hereunder shall be considezed an of�cer, agen�, servant, ar employee of the City. SECTION 14, The Licensee shall at all times shall observe and comp]y with all ap�Iicable federal and state 1aws, Ioca1 laws, ordinances, orders and regu�ations o� the federa�, state, cou.xi.ty ar city governments. The Licensee at all trmes shall observe and comply with al� applicable f�c�eral and state laws, local laws, ardinanc�s, orders and regulations of the federal, state, county or city governments. SECTION 15. This license shall constitute the enti.re agreement-of the parties to this license and shall supersede any priar agr�ements af said par�ies, either oral or written, pertaining to the snbject matter speci�ied herein. SECTION 16. TYus license and tl�e relationship created her�by shall be gaverned by tk�e laws af the State of Texas. Venue �or any ac�ion arising under ihe terms and conditions of this agre�ment shal� lie in the state courts located in Tarrant Counfiy, Texas or the Unrted States District Court far tk�e Northern District of Texas, Fori Worth Division. SECTION 17. This license sha11 be binding on the s�ccessors and Iaw�ul assignees or sublicensees of Licensee and the successors of L'zcensor, Any perst�n or e�tity usitig or occupyzng the licensed pren�ises withaut a law�ul assigrtment or sublicense shal� be subject to a�l the responsibiliiies and liabilities of Licensee sefi forth hereunder at�.d shall be subject to all the provisions regarding termination and evictian set forth hereir�., Any such persan or entity shall be 4 a deemed ta be an agent or representative of Licensee and sha11 be deemed to have notice of the terms, covenants, and conditions of this Iicense. 5ECTION 1$. 2.$7 Part�ers shall procure, pay for and maintain the following insuraz�ce written by corn.ganies approved by the State of 'Texas and acceptable to City. The insurance shall be evidenced by delivery to City of executed certificates of insuxance andlor certified copies of palic�es as detez�min.ed by City. 2.87 Partners covenants and agrees to obtain and keep in force during the term of ihzs A��reement, Comprehensive General Liability Insurance, Including Persanal Injury Liability, Ix�dependent Contractors Liability and Coniractual Liability coveri�g, but not limited �o, the liability assuxned under the indernnification provisions �f this Agreement, with limits of Iiability for bodily injury (including death) and praperty damage of nat less than One Million Dollars ($1,000,000). Coverage shall be a Combined Single Lunit Per Occurrence basis and the policy shall include Braad Form Praperty Dainage Coverage wiih an insuzamce company satisfactory to City. The City af Fort Worth sha11 be nam.ed as an Additional Insured. The insurance policy shall include the following: 1) The term of insurance is for the duration of each Event, which includes tha period from the right of access to set-up through the period allawed for removal of property; 2) The policy sha.11 require that thirty (30) days prior to the cancellation or any material change in coverage, a natice shail i�e given to City by certifieti znail; 3) Insuzers sha�i have no right of recovery or subrogataon againsi the City of Fort Worth, it being the intention that the insurance policy shall protect all partie5 to the Agreement and be prinlary co�erage for all losses covered by the policies; 4) Company issuing the insurance policy sl�all have no recourse against the Ciiy of Fort Worth for payment of any prerniums or assessments for any deductibles which all aze at the sole risk of 2.87 Partners; 5) The terms "4wzaer", "Cit�° or C�ty of Fort Worth sha11 include all authorities, Baaxds, Bureaus, Commissions, Divisions, Departments, and Offices of the City and �h� individual members, employees and agents thereof in their official capacities and/c�r while acting an behalf of the City of Fort Worth; and 6} 'T`he policy clause "Other Inswrance" shall not apply to any insurance coverage curz�ently held by City, to any fuiure caverage, ar to City's self-insured retention a� 5 m � whatever natur�. 2.87 Partr�ers hereby waives subrogation rights for Ioss or damag� against City� lt5 officers, agen.ts, and �mployees for personal injury (includzng death), property darnage or any otk�er loss. 2.87 Partnexs shall not do oz' permit to be done anything in or upon any portion of the Premises, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Premises or any part thereof, or in any way increas� the rate of f�e insurance upon the Prerriises ar on property kept therein, ar in any way obstruc# ar interfere with the right of the oiher tenanis of the Premises, or injure or annay �ttae�n. The City may terminate this Agreement �znmediately upon the failure of the 2.87 Partners to provide acceptable dacumentation of insurance as required by this Agreemeni. SECTION 19. The terrn °Licensee" as us�d herein shall also include the agents, representative, employees, invitees, and Iicensees of Lic�nsee. t SIGNED this ��day of . , 2003. ATTE�T: By� f .� ��_ J. ,�..,, • , City �ecretary APPROVED AS TO FORM AND LEGALITY: Sarah Fullenwider,Assistant City Attorney , ��. '� _ .� f�,, �,(, fL-�- By:: . ir ��'G Assist � City Attorney , �`- �� '�� __�__ ..., Contr��,t Auth�r�z��iar� .�� _��i =..!_ ��-� j.'� .--_�-�`-`'�.-'' �� CITY OF By: `� Assistant ty a r Trinity 2.87 Partners, Ltd. "' �f_ _ By: / � � �� Title: ,; �-� � �;i�.r � ' �r' , ., ud u ��I� ;��+�.�u � P�'XIiIBIT "i►�r � . ' LECrAL D8�'8L`'RIPTIQN � BEING 4.168 acres o£ �.anti lacated in the �7'.M.C.� •LYNCFi SL7RVEY, Abetract . No, 955, Fort�Worth, Tarrant County, Texa�, and bea.ng a poxtion of tha � Tract of land conveyed �o the City of Fort Worth, Tarrant Gounty, Texaa accvrding t�o tha deed racoxded in, Volume ].281, Page 499 0� the Deed � R�cord� of Tarxant County, Taxa�. Said 0.168 acxes of land beSng more � paxCicularly described by metee and bounde, as �o�.lowa: '4�GZNNTNG a� a 5/8�� xon rod �ound, a� the Soutihwesti cvsr�er of Lot 1� �loek �., LXDICA A1�D I�iEBER'I' INDUSTRIAL A�DTTION, acCording �to Ch� plat racor�ed in Volume 389-57, Page 2�49 oi the plat Re�orde of , �:�ir�n� Coun�y, Texas, Said poii�i lying ir� Che North lzne of the afare�aid Ci,ty of Fort Worth Tx'act, reaorded in �vlume 128x, page • . 499t '1HENeE N Yi99 5�' 55" E al�ng the comman 3inea k�e�weert said �ot 1, Block 1, 7,YI}ICIC Rt�Tp H�BERT INDUSTRIAL ADDSTTOPT, and the City a£ F�z� Worth `�ract, a� 139�, 5S fe�t, passing a 1/2" i�on rod at the Svtitheast corner of the afore�+aid Lot 3., 81'ock 1, LY�TCK ANn HEBERT xNDUSTRTAL AI}DITxQN, in all 162,5g feet, to a point in the North line of th� aforesaid Czty of Fort War�h T,�act; � TH�NCE G'�5d 47� 06" W 50.45 feet, crossing aaid City of Fort Wvx�th �'ra�C, to a pOiiltip �• THENC� S 95° 09' �8" W 336.76 f�et, kp a poirit foz a corner;, TI3ENC'E i+T D1° 15' 27r' W 55<QS feet, to TIiE` PLACF'. Ok�` BEGTNNIN'G� Go�ntair�ing 0.158 aore� (7,312 8quare faet) of land. � � � � BRITTAIN & CRA'9PI'QRD � u�p su�tv��c ac TOPQGftAPHiC MAFFING { 8171 �!e-Os I 1�- A�llta �Rv-3 f IE FAX No, {81T) G;tl-03iT P.O. BoX IIb74 p aeaa sout� rx�ew�Y FORT WOR7Fi. TEXAi i91i0 EHAIL: eAlnlh�btl4f�ln^crerfqd.tnll r��'r «�., P � i �"� f p;� - , �� . F� w i � � � � � ,� � w� �iI I� � {� 5 �I . � pws� �, � � � � 6 � 0 G�� .. �� e.�' / I 6 � a��' ! � �ti � �� t �E-�,. � �.�h�' / Ti�� J .1� ' ,�S°� / � � / �k / �l�4T 1, BLDCK i Pp LYE7iCK dc HE��7i' I�lDUSTRlAL ADDfTlON . VOL �8�-57, �'G: Z49 . � TM P.R.T C.T. ..�jj�j�_ coNCRETC DOCK . ! P �f ' a�� sroRY � , / M�'�AI� �UILD{N� � Y� , � I BUrL�ING CORN�R 15 � ` I � ON �RO�ERTY iJN� � � , �UII.DING COR�J�R IS �.3' �/ . � "' � i SOIJiK DF PRCIP�RtTY � � �° _ 39.�5` v".�nx - __ L_ e. 2.99' __ l� -�-- � ' PQINT QF' �� f w�s��'S5"� � ° n"`-�°�"—q 6�.54' � P ��NNihEG �, �,�AS� A��A ; ��ASE ,�R�A nr � �n o.1 �� A�� . - - • � � {�gpiN,T PFyE1sEM ` - , a i � {�7�� Z �Q�{A��. ��J Q � ry� . � • y . � � � � o��'�-s,2s"w �.. �.7�'� �� . , - � cin a� Fotz� woarw _ � �x VOLUM� 9 2i� 9, PAG� 499 � . �.�.T.G.T, . � � ` . � . I .� - , ,/� ��. � 5C�11L�:' 'i" = 30' City of �o�i yYo�th, Z'exacs i�aya� ��i ��i��j� ��r�i��i�� DA7� REF�RENCE NUMBER L�G IVAME PAGE 12/17/02 **Lo� 34,�� 80PARTNERS 1 af 2 SUBJECT AUTHORIZATI�N TO RENEW A LICENSE AGREEMENT W1TH 2.87 PARTNERS, LTD. FOR THE USE �F CITY�OWNE� PARK PROPERTY IN A PORTION OF TRINITY PAR K RECOMMENDATION: It is recommer�ded that the City Council: 1. Authnrize the r�n�wal 4f a Eic�nse agr�ement with 2.87 Par#ners, Ltd. for the use of 7,312 square feet out of the J.M.C. Lynch 5urvey, Abstract No. 1955; and 2. Authorize the agreem��t to begin December 1, 20d2, and expire No�ember 30, 2007, with th� option to renew far one successive 5-year term in the amaunt af $50� a year; and 3. Adapt the attached appropriation ardinance increasing estimated receipts and appropriations in the amounf of $500 subjeet to receipt of the funds in the Park lmprr�vements Fund; and 4. Authorize the City Manager to apply these funds #owards the miscellaneous improvements at Trinity Park. DISClJS510N: This agr�emenfi renews an exis#ing agreemenf that permitted the pre�ious own�r, Goldthwaites af Texas, Inc., to encroach an park property with a portion of a building, drain pipes, planter boxes, and a parking lot. Staff has researc�ed the encroachm�nt and pre�ious agreements and determined that the encroachment has been in�place for over 4Q years. No additional impro�rements ar afteration of the praperty or agreement area wo�ld be permitted. In the event that the property were to ba rede�eloped, the encroachment would be remo�ed and the agreement t�rmin�ted wifih restaration of the par�land. This agreement is required to clarify title for 2.87 Partners, Ltd. Th� property is locat�d in COUNCIL DISTRICT 9. C`ity of �o�t T�o�ih, T'exas i��yt�' ��i ��r��cl� ��rr�r��r�j�afj�� DAT� R�F�RE�ECE NUMBER LOG NAME PAGE 12/17/02 **Lo� 34�$ 8DPARTNERS Z of 2 SUBJECT AUTHORIZATIDN TO RENEW A LICENSE AGREEMENT WITH 2.87 PARTNERS, LTD. FOR THE USE OF CITY-OWNED PARK PROPERTY IN A PQRTI�N UF TRiNfTY PARK F15CAL INFORMATION/CERTIFICATION: The �inanc� Director certifies that upan approval of the abo�e recammendations and adoption of the attached appropriation ordinance, funds will be availab[e, subject to receipt af the funds, in the current capitaf budget, as appropriated, ofi tE�e Park Improvements Fund. JP:k 5ubmitted for City Manager's � PUND Offiee by: I (to} � 2&3} C'{ 88 JoePaniagua 6140 I 3) C188 Originating Department Head: � Richard Zavala 5704 � (fr�m) � 4) C188 I ACCOIINT � CENTER I AMOUIVT CITY SE�RETARY Additional Information Cont�ct: Randle Harwood 5743 I 48$10� 080188900020 $500.D0 522030 OSd188900020 $SQO.UO 522030 080188900020 $500.00 � APPROVED 32/17/02 I ORDINANCE NO 15369 t -�