HomeMy WebLinkAboutContract 44845 OWY
LICENSE w ."" CONTRACT NOS,
FOR A PORTION OF GATEWAY PARK
��, mej for a Portion of Gateway Par ("License") made and entered into
on this�dory of �:�� �� 2013, Effective "" by and between the City of Fort Worth
("City"),, a home-rule municipal, corporation organized under the laws of the State of Texas, acting by and
through its duly authorized assistant City Manager, and Energy Transfer Fuel, L. P,, a Delaware 1. lmr ited
Partnership, acting through its general partner Energy Transfer Fuel GP', Ll. C, a Delaware Lit i.ted
Liability Company, acting by and through its Vice President of land and Right of Way, Robert dose
("Company").
WHEREAS, the City ovens a certain piece off. property known as Gateway Park (the `Park"),
located at 751 Beach Street, Port Worth, Texas 76103, Tarrant County, Texas, which is depicted in
Exhibit A
WHEREA,S, Company currently owns a natural gas pipeline within are existing -foot easement
through the Park "Cornpany's Easement"), which more particularly described and depicted in xhih�it
B, attached hereto and incorporated herein by reference
WHEREAS, erosion. within the Park has resulted in the exposure of portions of the Company's
pipeline,
WHEREAS, to prevent future! onion issues within the Park,, Comp n desilres to install. and
maintain drainage improvements within the Company's Easement pursuant to the terns thereof and on
certain areas of"the Park outside of the Cornpan 's : asement
WHEREAS, the City has agreed to grant the Company a license to certain portions of the Park so
that the Company may rem—edy and repair its exposed pipelines and install and maintain the above-
referenced drainage improvements situated on a portion of the Park not subject, to the Company's
Easement,
NOW, THE FOR E, in consideration of the mutual benefits and promises contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
RrrICL E T
LICENSED PREMISES
1.01 PretWses, City de 'ses and licenses to the Company the following two areas within the Park on a
temporary basis: 1 an ingress and egress route through the Park to the Company's Easement and .2 an
equipment and material staging area individually referred to as Areas l and 2, respectively, and
collectively referred to as the "Temporary Licensed Premises"). The City also demises and licenses to the
Company a designated area of the Park on a long-term basis for the construction,, installation,
maintenance, and upkeep of drainage improvements consisting of cellular blocks for erosion control
("Drainage Improve men ts"). The long-term licensed area shall he rye fet-red to as either the "Licensed.
Premises''' orµ ""Area 3." The Temporary Licensed Premises and the Licensed Premises shall he
collectively referred to as the "Premises" and are labeled and identified on Exhibit C. The locations of
,p �, incorporated herein for
the P"rc�r�n.rses are,depicted rr� more detail in Exhibit C, which s attached hereto and ine�rr
all purposes as though it were set forth at length,
EOFFICIAL RECORD ,
License Agreement for a Portion of Gateway I-lar S 1 of C E 2013
F T 41.
To WOR!
ORTH9 TX
ARTICLE 2
LICENSE TERM
2.01 License Period for the Temporar Lice,nsed Prenaises. The license period for the Temp oracy
Y_ p
Licensed Premises shall commence upon the Effective Date and shall expire thirty (3�0), days thereafter,
unless terminated earlier pursuant to the terms set forth herein ("Temporary License Term"). The parties,
may elect to extend the Temporary License Period by thirty (30) day increments upon mutual written
agreement.
2.02 License Period for the Licensed Prenjises. The license period for the Licensed Pret-ruses, shall
commence upon the Effective Date and shall expire on the last day of the month that is twenty ('20) years
after the Effective Date ("Primary Term"), unless tern-tinated earlier pursuant to the terms set forth herein.
The Primary Term may be renewed for two, five year periods upon mutual written, agreement of the
parties ("Renewal Term").
ARTICLE 3
CONSIDERATION
3.01 Consideration. In consideration of Ten Dollars and No Cents ($10.00) and the Company's
agreement to construct, install, and maintain the Drainage Improvements in certain designated areas of the
Park in accordance with the terms of this License, the City grants to the Company the rights and
privileges to use the Park in accordance with the terms and conditions of this License. Payment shall be
made to the City within five (5) days of the date on which this License is fully executed by the parties and
delivered to the offices of the City's Parks and Community Services Departnient ("Deplartment") at 4200
South Freeway, Suite, 2200, Fort Worth,Texas 7611'.
ARTICLE 4
PERM: TTE USES
4.011 Permitted Use of the Premises. For and in consideration of the monetary payments to be made
hereunder and the other covenants and promises expressed herein, the City does hereby agree to license
the P;ren-tises to,the Company for the following purposes..
a. Area 1. The Company may use Area 1, of the Temporary Licensed Premises for ingress
and egress to the Company's Easement -for the purpose of constructing and installing the
Drainage Improvements and st-ic-Iging materials and equipment associated with, the remedy, and
repair of Company"s pipelines on the Pren-rises.
b. Area 2. The Company may use Area 2 of the Temporary Licensed Premises to stage its
materials and equipment associated with the pipeline work and Drainage Improvement
construction and installation.
C. Area 3. The Company may use Area 3 for operations related to the construction,
installation, maintenance, and upkeep of the Drainage Improvements.
4.02 Acc,epLance of the Premises. The Company takes all portions of the Premises and all
appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Prernises in their present condition, finds them suitable for the purposes intended,
and further acknowledges that Company is thoroughly familiar with such condition by reason of personal
inspection and doles not rely on any representations by the City as to the condition of the Premises or their
suitability for the purposes intended. The Company accepts the Prety�ises su�ject to any and all
License Agreenient for a Portion of Gateway Park 2 of 36,
CITY SECRETARY
LICENSE AGREEMENT CONTRACT No.
FOR A PORTIONOF GATEWAY PARK
Thi License A reement for ort on of Gateway Park ("License") is made and ente�red into
on this day of a 2013, ("Effective .date'') by and between the City of Bert Furth.
"City"), a borne-rule municipal corporation organized under the laws of the State of Texas, acting by and
through its duly authorized Assistant. City Manager, and Energy Transfer Fuel, L. P., a Delaware Limited.
Partnership, acting through its general partner Energy Transfer Fuel GP, LLC a Delaware j ited
Liability Company, acting by and through its Vice President of Land and Right of Way, Hobert: Rene
("Company").
WHEREAS, the City owns a certain piece of property known as Gateway Part: (the "Park"),
,
located at 75 1 Beach Street', ,fort Worth,, Texa 103, Tat-rant County, Texas,, which is depicted in
Exhibit A,
WHEREAS, Company currently owns a natural gas pipeline within an exi,sta.ng 40-foot easement
through the Park `Company' Easei-rent" " which is more particularly described and depicted in Exhibit
B, attached hereto and incorporated herein by reference,
WHEREAS, erosion within the Park has resulted in the exposure of,portions of the Company's
pipeline,
WHEREAS, to prevent future erasion issues within the Park, Company desires to install and
maintain drainage iniprovernents within the Company's Easement pursuant to the terns thereof and on
certain areas of the Park outside of the Company's Easement,
WHEREAS, the City has agreed to grant the Company a license to certain portions of the Park se,
that the Company may remedy and repair its exposed pipelines and install and maintain the above
referenced drainage improvements situated on a portion of the Park not subject to the Company's
Easement,
NOW, THEREFORE, in consideration of the mutual benefits and proms ses contained herein
and for other geed and valuable consideration the receipt and sufficiency of' which is hereby
acknowledged,ed, the parties agree as fellows
ARTICLE
LICENSED PREMISES
1.01. Pre . es. City demises and licenses to the Company the following two areas within the Park on a
temporary basis: l are ingress and egress route through the Park to the Company's Easement and ) an
equipment and material staging area (individually referred to as ,areas I and 2, respectively, and
collectively referred to as the `'Temporary Licensed Premises" `.f"he City also de fses and licenses to the
Company a designated area of the Park on a long; term basis for the construction, installation,
maintenance, and -upl eep of drainage improvements consisting; of cellular blocks for erosion control
("Drainage Improvements"). The long-term licensed area shall be referred to as either the ";Licensed
Prernises" or "Area 1" The "Temporary Licensed Premises and the Licensed Premises shall be
collectively referred to as the "Premises" and are labeled and identified on Exhibit C. The locations of
the Premises are depicted in more detail in Exhibit C which is attached hereto and incorporated herein for
all purposes as though it were set forth at length.
OFFICIAL RECORD ;
FF11 RD
F I
C T
License Agreement for a Portion of Gateway Park 2
CITY SECRETA,
of 36
EIVED SEP 23 2013 '
,X
FT.WORTH,TX
ow 1, 1
ARTICLE 2
LICENSE TERM
2.01 License Period for the Tern porgy Licensed Premises. The license period for the Temporary
Licensed Premises shall commence upon the Effective Date and shall expire thirty (301) days, thereafter,
unless terminated earlier pursuant to the terms set forth herein ("Ten-iporary License Term,"),. The parties
may elect to extend the Temporary License Period by thirty (30) day increments upon, Mutual written
agreement.
2.02 License Period for the Licensed Premises. The 1.cen period for the Licensed Premises shall
commence upon the Effective Date and shall expire on the last day of the month that is twenty (20) years,
after the Effective Date ("Primary Term"), unless terminated earlier pursuant to the terms, set forth herein.
The Primary Term may be renewed for two, five year periods upon mutual written agreement of the
parties ("Renewal Term"),.
ARTICLE 3
CONSIDERATION'
3.01 Consideration. In consideration of 'Ten Dollars and No Cents ($10.00) and the Company's
agreement to construct, install, and maintain the Drainage Improvements in certain designated areas of the
Park in accordance with the terms of this License, the City grants to the Company the rights and
privileges to use the Park in accordance with, the terms and conditions of this License. Payment shall be
made to the City within five (5) days of the date on which this License is foully executed by the parties and
delivered to the offices of the City's Parks and Community Services Department ("Department") at 4200
South Freeway, Suite, 2200, Fort Worth,Texas,76,1 [J.
ARTICLE 4
PERMITTED USES
4.01 Permitted Use of the Prernises. For and in consideration of the monetary payments, to be made
hereunder and the other covenants and prornises expressed herein, the City does, her,eby agree to license
the Premises to the Company for the following purposes-
a. Area 1- The Company may use Area I of the Temporary Licensed Premises for ingress
and egress to the Cornpany's Easement for the purpose of constructing and installing the
Drainage Improvements and staging materials and equipment associated with, the remedy and
repair of Cornpany's, pipelines on the Premises.
b:. Area 2. The Company may use Area 2 of the Temporary Licensed Premises to stage its
materials and equipment associated with the pipeline work and Drainage Improvernent
construction and installation.
C. Area 3. The Company may use Area 3 for operations related to the construction')
installation, maintenance, and upkeep of the Drainage Irnprovenients.
4.02 Accept .nee of the Premises. The Company takes all portions of the Premises and all
appurtenances in "AS� IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Premises in their present condition, finds them suitabile for the purposes intended,
and further acknowledges that Company is thoroughly farrliar with such condition by reason of personal
inspection and does not rely on any representations by the City as to the condition of the Premises or their
suitability for the purposes intended. The Company accepts the Premises subject to any and all
License Agreement for a Portion of Gateway Park 2 of 36
previously recorded easements that may have, been granted oil, along, over, under, or'across said property,
and releases the City -from any and all damages, clairris for damages, lo�ss, or liabilities that may be caused
to invitees, licensees, or trespassers, by reason of the exercise of'such rights, or privileges, granted in said
easements. The Company's taking possessioti of the Premises shall be conclusive evidence that: (a), the
Licensed Premises are sultiable for the purposes, and, uses f'olr which sarne are licensed,; and (b�) the
Company waives any cand all defects in and to the Premises and all the appurtenances, thereto. The Git
shall, not be liable to the Company, its, qgetit�, emplUees, contractors, subcointractiors, in,vitees
fioceftsees,,, uests for anv damage to, any version or i)rovertv due to the acts or omissionis of the
Compan , *Ls agents-,, emp!2yees, contractors or sub�co,ntractors,., Unless such dainag i's cause
.Y 1, 1 e
tlie. ss e wence or wiliffil misconduct of CiLy 2�r agents em loyeles s"arate contractors or
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subcontractors,
4.03 Use Not Exclusive. This License and (all rights granted, to Company herein are strictly non-
exclusive. The City reserves, the right to enter into and grant other and future ficenses, leases, and other
authorizations for use of the Park and the Premises to other persons and entities as the City deems
appropriate in accordance with applicable law; provided, however, that in granting subsequent
authorization for use, the City will not allow a use that will unreasonably interfere with the Company, s
use of the Premises as prov�ided herein. This License does not establish any priority for the use of the
Park or the Premises by the Cortipany or by any present or future licensees or other permit holders., In the
event of any dispute as to the priority of use of the Park or the Licensed Pren-6ses, the first priority shall
be to the public gen,e�rally', the second priority to the City in the performance of its variOUS, functions, and
thereafter, as between licensees and other permit holder�s, as detern-6ned by the City in the exercise of its
powers, including the po�lice 'power and other powers reserved to and, conferred on it by the State of
Texas.
4.014 Maintenance. City is not responsible for the maintenance, of Drainage Iniproviernents,
constructed on the Pretnises. Company shall plerfortli all necessary illaintetiance and upkeep oil the
Premises, which includes but is not lin-iited to keeping the Drainage Improvements unobstructed at all
times, and clean and free of debris, s,ilt or other substances, which would result in obsitructions or
Unsanitary coindition,s. If the Cornpany fails to maintain the Drainage Improverrients in accordance with
the terms stated her�ein, then the Company will have thirty (30," days from the date i,s receives written
notification from the City to cure its maintenance oblig,ationis. If the Company fails to cure its
maintenance obligations with the 30 day period, then the City reserves the, right to maintain the Drainage
Improvements and bill the Company for all costs associated therewith. Any payments due hereunder will
be due and payable to the City within thirty days after the Company re,ceive,s, an invotce from the City.
ARTICtiE 5
CONDITIONS
5.01 General Conditions,. Any work performed or contract awarded by Company or its contractors or,
subcon,trac�tors on the Premises, including, but not limited to�, any excavation wo�rk, ingress and egress,
material and equipment staging, and drainage improvement installation, shall be subject to the following-.,
a. The Company shall schedule a pre-construction meeting with City staff in the
Department at least three (3) business days prior to initiating any construction on or ne"cir the
Premises (including,, but not limited to,, any excavation work). The pre-construction meeting shall
be for purposes Of Outlining Company's plans and schedules, regarding the following.- (1)
construction and itistallation of the Drainage Improvements; (ii) pipeline repair operatio�ns; (iii,):
ingress and egress, issues; (iv) material', and equi,pment stagi,ng; (v) minimizing construction
impact on vegetation and the Park, in general, and (vi) restoration of all affected parkland and
amenities,.
License Agreement for a Portion off"Yateway Park 3 of 36
b. Constructioti on the Premises is, allowed only between 7:00 A.M. and 6,-00 P.m. Monday
through Friday. For purposes, of this provision, the term "construction,III shall include (i) clearing,
dredging, excavating, compacting, or grading of land; (ii) delivery or assernbly of the Drainage
Improvements and pipeline repair and (til) operation of heavy equipment,
including, but not
lirr ted to, a backhoe, backhoe loader, boom truck, bulldozer, compactor, crane, dump truck,
excavator'. grader, grappile truck,, loader, pile driver, power shovel, roller, scraper, tractor,
trencher, and tunnel boring machine. All Company equipment and materials shall be stored and
maintained solely within the confines of the Company's Easement or Area 2. Use of any portion
of the Park outside of the Premises is strictly prohibited.
IC. City and Company agree that Company conduct all of its operations in accordance i(i)
with all applicable laws, ordinances, rules, regulations,, and specifications of all federal, state,
county, city,, and other governmental agencies applicable to the Licensed Premises now or
hereafter in effect; (iii) in a good and workman like manner; and (iv) in accordance with industry
standards of care, skill, and diligence.
id. Company shall, do all work and furnish all labor, equipment, and materials necessary to
fully complete all the work as provided for in this License. City shall not be responsible for any
costs associated with this License,, including, but not limited to, any costs for construction, labor,
equipment, or materials.
e. The Premises Must, at all times, be kept free of rnechanics' and materialmen's liens.
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f. Company shall notify City at least three (3) days prior to beginning any construction or
work on the Premises unless otherwise approved in writing between the parties.
9. Company acknowledges, that City may have structures and/or equipment on, the Premises.
Company agrees that it will use commercially reasona ble efforts to protect the integrity of such
structures and equipment. In the event that Company's activities may threaten such structures or
equipment, Company agrees to ii-nniediatety notify City and as far in advance as reasonably
possible and to cooperate with City in protecting such structures and/or equipment.
h. Company shall be authorized to destroy, remove, or alter fences, or other improvements,
only to the extent provided in writing by the Director of the Department, or that person Designee
("Director"). To the extent any fences or other improvements are destroyed, removed, or altered
in connection with any construction or rnaterial alteration of the Premises outside of any City-
approved construction plans, Company shall i reconstruct and restore such improvements in a good
and workmanlike manner to a condition that is equal to or better than the one in which such
improvements existed prior to commencement of the construction or material alteration. if
Company destroys, removes, or alters any fences or other improvements, then Company shall
contact City immediately so that City can determine whether those items are salvageable.
i. At no time shall the any tree be darnaged or removed. There shall be no dumping of
materials within the Park.,
J- All work to be completed under this License, including,, but not limited to, restoration,
License Agreement for a Portion of Gateway Park 4 of 36
shall be subject to inspection and approval by the Director.
it
k. �"'o�mpany shall obtain all permits necessary to complete 'al I I construction and repa,ir
required hereunder.
Public Sa
(1) Company. shall be solely, responsible for initiating, maintaining,' and supervising
all safety pt-ecautions and prograrris in connection with Coin ally's 'use of' the Premises
and the Park.,
(2) At a mini murn and prior to cornmencing any work, Company sBall install
and miti,ritain construction fencing around the perimeter of the entire Prer�u ses, and (ii)
erect a controlled-access entry within the right-of-way fencing in the form of a gate,
chain fink fence, or similar structure to ensure that unauthorized traffic cannot enter the
Prei-nises. 'Where there is no fencing or where fencing has been removed or damaged
ad' 'k access areas fencing shall be installed. Following installation of
Jacent to any wor areas,
the fencing and controlled-access entry, the Company shall, contact the Department to
inspect for proper installation., The controlled access entry shall be kept, locked when not
use, and the Company shall tandem lock all gate and entry locks and provide
Department with keys to access, any such gate or entry., At no time shall any fenced area
be left open unless staffed by security personnel.
(3) In addition, Company shall provide construction and rilaintenance: signs and
sufficient barricades at work it to protect the public. The use of traffic control devices
shall be consistent with the standards and provisions, of Part VI of the Texas Manual on
Uniform Traffic Control, Devices. Company shall utilize, appropriate warning licy Ln hts at all
construction and maintenance sites where one or more traffic lanes are closed or
obstructed during nighttime conditions. Company shall also, take all necessary
precautions and shall provide all necessary protection to prevent damage I injury, or loss
to (i) all persons accessing portions of the Licensed Premises on which any construction
is being, performed by or on behalf of the Company; (ii) all work performed on or frorn
the rarer se and all materials and equipment to be incorporated therein that are under the
care, custody, or control of the Coo any, or the Conipany's et-riployees,, agents,
contractors, or subcontractors, regardless of whether such material, and equipment is
stored on or off the Licensed Premises, and (iii) other property on or adjacent to the
Licensed Premises.
M. Company shall not Cut or remove, any trees, on the Premises. Prior to beginning any
construction,, Company shall, itistal.1 fencing and matting, as identified on the attached Exhibit D.
which all be incorporated herein for all purposes. If any tree within the Park is damaged, in
connection with Clam pany's operations, Company agrees to undertake remediation efforts,
including paying of rernediation costs, in accordance with Exhibit E, w,hich is attached hereto and
incorporated herein for all purposes,. Any fencing shall remain in place until such tirne as the
Premises are accepted by the City pursuant to the terms of this License.
11. Minimllzirm Impact to Utilities
(1) If the Cornpany encounters any Utility infrastructure (including, but not lour "teal
'to, electric lines, waterlines, sewer lines, storm drains, and lines,, or gas lines,), the
Company covenants and agrees to cease construction operations and install pr tective
License Agreement for a Portion o�f Gateway Park 5 of'36
matting over or around such utilities in compliance with specifications approved by the
City's Water Depar-tinent f or all water related utilities) or by the Department (for all
other utilities). Following installation of the matting, Company shall contact the
Department to at-range for inspection and approval by appropriate City personnel.
(2) The Company shall provide the Department with a copy of'the City's inspection
report within twenty-four (24) hours of receiving the report and prior to resuming
construction in the Park. The Company may resume construction on the next day after
the date on which it provides the inspection report and specifications to the Department
unless that department contacts the Company and iderrtifios specific issues that must be
addressed.
0. Prior to commencing any work hereunder, Company must provide the Department with
videographic documentation, of the condition of the Prem�ises, including underground utilities, as
they exist both before and after any work is performed by the Company. All such video must
include a visible date and time stamp indicating when the videography occurred. Post-installation
documentation must be Submitted no later than five (5) business days after the last, day of the
Temporary License Period and no later than five (5) business days after installation of the
Drainage Improvements. Department staff will distribute copies of the documentation to all
appropriate City personnel to determine whether any damage has been done to the Premises.
5.02 Additional Conditions Applicable to the Drainaae Im rovenients on the Licensed Pren�ises
a. Company will construct the Drainage Improvements on the Licensed Premises in,
accordance with the specifications detailed in the attached Exhibit F, which shall be incorporated
herein by reference, and any other specifications pre approved by City and Company prior to
beginning any construction.,
b. Prior to the commencement of the construction of the Drainage Iniprovements on the
Licensed Premises or any material alteration or other construction work on the Licensed Premises,
that costs in excess of $50,000.00 in the aggregate, the Company shall, at its own cost and
expense, cause to be made and executed by the construction contractor either one or two separate
bonds, in accordance with Section 225 .021 of the Texas Government Code, as follows
(1) If the amount of the construction contract awarded is in excess of$50,000.00:
(A) prior to the date of commencement of construction, the contractor shall,
furnish a payment bond in a surn equal to the full amount of the construction
contract awarded; and
(B) said bond shall. be for the protection of and use by payment bond
beneficiaries who have a direct contractual relationship with the construction
contractor or any of its subcontractors who is actually supplying the public work
labor or material.
(2) If the arnount of the construction contract awarded is in excess of$1001,000.00 in
addition to any bond required under Subsection (A) above:
(A) prior to the date of commencement of construction, the contractor shall
furnish a performance bond in a sung equal to the full amount of the construction
contract awarded- and
License Agreement for a P tion of Gateway Park 6 of 36
(B said bond shall. be conditioned on a faithful performance of necessary
construction and completion of improvements in accordance with approved filial.
plants, detailed specifications, and contract documents.
(3) The Company shall ensure that all required bonds list the City as a dual obligee.
(4) Company shall comply with all applicable federal, state, and local laws,
regulations, and ordinances in awarding any construction contracts.
c Process for...-Approval. The following rules govern City's approving construction,
additions, and alterations of the said Drainage Improvements.-
(1) Written Aporoval Required. No permanent improvement may be constructed on
the Licensed Prerr.,ses unless the plans, specification,s, and proposed location of the
improvernent has received City's written approval.
(2) City's,Atvroval. City will promptly review and approve, in writing, all changes
to the attached, specifications for any required changes or modifications.
(3) Effect of AWroval. Approval by City shall not constitute or be de ed a release
of the responsibility and liability of Company, its agents, servants,, employees,
contractors, and subcontractors for the accuracy and competency of its designs, working
drawings, and specifications or other engineering documents. City, by approving the
plans and specifications, assumes, no liability or responsibility for the architectural or
engineering design or for any defect in any the designs, working drawings,, and
specifications or other engineering documents, building or improvement constructed from
the plans or specifications prepared by Company, its agents, servants, employees,
contractors and subcontractors it being the intent of the parties that approval by City
constitutes approval of only the general design concept of the improvements to be
constructed).
(4) As-Built Drawii Company shall require its des,ign pro..... essiona to prepare as-
built drawings based upon final construction and shall submit two copies of these
drawings to City, which shall become property of City on the date of submission.
d. BeRinninga Construction,. Company shall begin construction of the Drainage
Improvements no later than the Effective Date of this License,, Company may reasonably delay
comniencernent of construction due to delays caused by City, such delay not to exceed thirty (30')
days after City's delay is elin-finated, or by force majeure.
e. P:roiect Closeout. The Company shall ensure final clean-up of the Licensed Preraises to
the satisfaction of the Director as soon as construction of the Drainage Improvements are
completed. Clean-up shall include removal of all construction materials, pieces of concrete,
equipment, and/or other rubbish. No more than five (5) days shall elapse after completion of
construction before the Licensed Premises is cleaned. Surplus materials shall be disposed of by
the Company or its contractor, at its own expense, and as directed by the Director. Cleaning of
equipment by Cornpany or its contractor shall take place in an area designated by the Director.
License Agreement for a Portion of Gateway Park 7 of�6
ARTICLE 6
OWNERSHIP OF DRAINAGE IMPROVEMENTS
6.01 Title and ownership to all Drainage Improvements installed by the Company pursuant to this
License shall remain with the Company for the entire term of this License. If, for whatever reason, this
License is terminated or expires on its own terms, then the Company shall take all, steps necessary to vest
title and ownership in and to the Drainage Improvement to the City.
ARTICLE 7
PROr-I"ECTION of THE ENVIRONEMENT
7.01 Company shall not handle or store any Hazardous Materials on the Premises or the Park, except
that the Company may, in compliance with applicable environmental laws, use and More Hazardous
Materials in such amounts and types that are commonly used in colnnection with similar operations;
prov
W are however, that Company specifically agrees to remove a and such Hazardous,Materials,on
or before the final day of the Temporary License Period and on or before the final day upon which the
Drainage Improvements have been installed. Company shall not introduce, use, generate, store, accept, or
dispose of on, under, or ab�out, transport across, or periyt to exist on the Premises or the Park any
"treat n'ien,t, storage or disposal facility" or "underground storage tank," as those terms, are defined under
applicable environmental laws. For purposes of 'this License, "Hazardous Materials" shall mean
potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not lirnited
to, asbestos;pollutants; asb polychlorinated bi henyl (PCB); petroleum or other fuels (Including crude oil or
3 1 p
any fraction or derivative thereof)' underground storage tanks, and substances considered hazardous,
toxic, or the equivalent pursuant to applicable laws,. Any Hazardous, Materials used by the Company on
the Premises shall be posted on site and a list shall be given to City.
7.02 Company shall take commercially reasonable steps to avoid creating ort,"Iggravating any condition
at the Park or the Premises that could present a threat to human health or to the environment.
ARTICLE 8
RESTORATION
8.011 Improvements. To the extent, any barricade, fence, or other improvement is destroyed, removed,
or altered in connection with the, Cornpany's, activities under this License, the Company shall reconstruct
and restore such improvernent, in a good and workmanlike manner to a condition that is equal to or better
than the one in which such improvement existed as of the date this License is fully executed, as evidenced
by the pre-installation video required under this License. Any restoration required under this section must
be completed by the Company and inspected and approved by the Director prior to, the expiration of the
Temporary License Period.
8.,02 Surface and Subsurface.
(a) To the extent any portion of the surface or subsurface of the Premises are damaged or
disturbed in connection with Company's activities Linder this License,, as deterrr�ned at the sole
discretion of the Director, the Company shall ensure any subsurface area is promptly filled with
clean fill dirt up to the level of the surrounding ground. Company shall ensure, any fill, dirt is
compacted to a 90% compression ratio and in accordance with all applicable laws. Company
shall provide the City with a report or other written documentation acceptable to the Director to
demonstrate that compaction was performed in accordance with this section. In performing
earthwork in the Park or Premises, the Company shall adhere to the policies and specifications set
forth by the Director, a copy of said policies and specifications will be provided upon request.
License Agreement for a Por,tion of Gateway Park 8 of 36,
(b) The Company shall restore the Temporary, Licensed Pren-dses by doing' the following, (i)
reseeding with Common Bermuda grass in n accordance with the policies, and specifications set
forth by the Director, a copy of which shall be provided upon request, and (ii) watering the
re
pilanted and reseeded area as needed until the replacement vegetation is reasonably established
and has been approved and accepted by the Director. Prior to planting, Company shall provide
the Department with documentation certifying the type and quality of the materials to be planted.
The Department may, in the exercise, of reasonable discretion, reject any plant material that does
not meet the requirements of this section or its policies and specifications or is otherwise
unacceptable for one or more specific, clearly identified reasons.
(c) Any restoration required under this section must, be completed by the Company and
inspected and approved by the Director prior to the expiration of the Temporary License Period.
8.0�3 Discretionary Limited Access to Care for and Establish VecretaLion.
(a) Company may request limited access to the Temporary Licensed Premises to water,,, care
for, and establish replacement vegetation required under this section ("Limited Access"). A
request for Lin-a"ted Access must be made in writi.,ng and delivered to the Director at least two
weeks prior to the expiration of the Temporary License Period. Replacement vegetation or seed
must be in place at the time the request is made.
(,b) Director may, in its reasonable discretion, authorize Limited Access for a period not to
exceed two weeks, from the expiration of the Temporary License Period. During the Limited,
Access period, no Company materials, or equipment may remain on the Prerrfises with the
exception of irrigation directly involved in irrigation and temporary fencing used to protect areas
being restored. Company's, use of the Premises under Limited Access in accordance with this
Section shall not invoke any additional extended Temporary License Period beyond that which
already exists at the time that Lim ted Access is granted.
8.04 Removal of Excavated Materials. Cornp-any shall ensure that spoils and all excess material
excavated by or for Company is removed from the Park and properly disposed of within twenty-four (24)
hours.
8.05 Failure to Restore, If Company fails, to repair or restore, the Premises as set forth herein, City
may, at its sole discretion, repair or restore the Premises and invoice, the Company for City's costs and
expenses incurred, such invoice to be due and payable to City within thirty (30) days of its delivery to
Company.,
ARTICLE 9
LIABILITY AND INDEMNIF ICATION
9.0 1 Company agrees to pay City for all darnages suffered or incurred by City as a result of any
operations conducted for or by Company, its agents, employees or representatives, including, but not
limited to, all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other
property,, whether real or personal. Company shall assume all responsibility and liability for any damages
(whether for property loss or damage or personal, inj,ury or otherwise) arising out of, resulting from, or
connected to the construction, installation, or maintenance of the Drainage Improvements, and pipeline
repairs,.
9.02 GENERAL INDEMNIFICATION.
License gre meat for a Portion of Gateway Park of 36
a. COMPANY COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY
FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS,
ACTIONS, CAUSES OF ACr riON, LIENS, LOSSES, EXPENSES, COSTS, FEES
(INCLUDING, BUT NOT LIMITED TO�, ATTORNEY'S FEES AND COSTS OF
DEFENSE), PROCEEDINGS, DEMANDS,, DAMAGES, LIABILITIES, AND/OR SUITS
OF ANY KIND OR NATURE, INCLUDING, BUT NOT LImiTED TO, THOSE FOR
PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO�, WORK-ERS'
COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE)
AND/OR PERSONAL INJURY (INCLUDING,BUT NOT LIMITED TO, DEATH) TO ANY
AND ALL PERSONS, OR OTI-IER HARM FOR WHICH RECOVERY OF DAMAGES IS
SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR
OMMISSIONS OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES,
S UB CONTRA CTORS, INVITEES�, LICENSEES, AND TRESPASSEWS IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS LICENSE.,
b. COMPANY LIKEWISE COVENAN r FS AND AGREES TO AND DOES HEREBY,
INDEMNIFY DEFEND,, AND HOLD HARMLESS CITY FROM AND AGAINST ANY
AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF CITY
DURING THE PERFORMANCE OF ANY OF THE TERMS AND, CONDITIONS OF
THIS LICENSE. HOWEVER, THE INDEMNIl 11 Y PROVIDED FOR IN THIS
PARAGRAPH SHALL NOT EXTEND TO ANY LIABILITY RESULTING FROM THE
jr 14
SOLE, NEGLIGENCE OF THE CITY OR rs OFFICERS, AGENTS, EMPLOYEES, OR
SEPARATE CONTRACTORS, AND, IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH THE COMPANY AND THE CITY, RESPONSIBILITY AND
LIABILITY, IF ANY, SHALL BE, APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED, AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF'TEXAS.
9.03 ENVIRONMENTAL INDEMNIFICATION. COMPANY DOES HEREBY' RELEASEI
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, EMPLOYEES, AND VOLUNTEERS FROM AND AGAINST'
ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM ANY WORK UNDER THIS
LICENSE.
9.04 Company covenants and agrees that City shall in no way or under any circumstances be
responsible for any property belonging to Conipany, its members,, employees, agents, assigns, contractors,
subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged,
AND COMPANY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND
ALL SUCH CLAIMS. City does not guarantee police, protection and will not be liable for any loss or
damage sustained by Company, its members, employees, agents, contractors., subcontractors,, invitees,
licensees, or trespassers on any of the Premises.
9.05 Company agrees that C:ity shall not be liable for any loss, injury, or darnage whatsoever suffered
or incurred by Company or Company is agents, employees or representatives in the performance of this
License, unless caused by the City's willful- or gross negligence.
License Agreement for a Portion of Gateway Park 10 of 36
9.06 If any action or proceeding shall be brought by or against the City in connection with any such
liability or claim, Company, on notice frorn City, shall defend such action or proceeding, at Conipany's,
expense, by or through attorneys, reasonably satisfactory to the City.
9.017 Company agrees to and shall release City from any and id] liability for injury, death, damage, or
loss to persons or property sustained or caused by Company in connection with or incidental to
performance under this License.
9.08 This section shall survive the expiration or tart-ninat I ion of this License.
ARTICLE 10
INSURANCE
10.01 Dutv to Acquire and Maintain. Company shall ensure that a poficy or policies of insurance, are
procured and maintained at all times,, in full 'force and effect, to provide coverage of the types, and
amounts specified herein, nan�ng the City as an additional insured and covering all public risks related to
the use, occupancy, condition, maintenance, existence, or lc cation of the Park. The insurance required
hereunder may be met by a combination of self-insurance and primary and excess policies.
10.02 T es, and Amounts of Coverage Relqt ired
a. Commercial General Li
$1,000,000.00 per occurrence, $2,000,000.00 aggregate, including, coverage for
the following: (i) Premises, Liability'; (i i) independent contractors; (i,i 1)
products/com leted operations; (iv) personal injury; (v) contractual liability; (vi)
p I I I
explosion, collapse, and underground property damage
b. Provertv DaniageLiability:
(1) $11 0001,000,00 per occurrence
C. Umbrella Policy
(1) $5 X10,0010.0101
d Environmental 1mpA!jM2ept Liability (EI1J &/or Pollution IA bil
(1) $2101001000 per occurrence
(2) $51000000 aggregate
e. Automobile Liability:
(1) $1,000,0010.00 per accident, including, but not limited to, all owned, leased,
hired, or,non-owned motor vehicles used in con unction with the rights granted under this
License
Worker's,fpmpensation:
1.) As required by law
License Agreement for a Portion of Gateway Park I I of 36
9- E m pto,yp s L i�ab
i I�it
$1 000,000.00 per accident
11,01.03 Revisions to Req_pired Cove ag, At the reasonable recommendation of the City�'s, Risk Manager,
the City may at any time revise insur'-L'Ince coverage requirements and' limits required by this License.
Company, agrees that within thirty (3�0) days of receipt of written notice from the City, all' Such revis,ions,
requested by the City will', be implemented. 'The policy or policies of insurance shall be endorsed' to,
provide that no material changes in covet-age, including, but not litydted to, cancellation, termination, rion-
renewifl) or awnendment, shall be made without thirty (30) day�s' prior written notice to the City.
10.04 Underwriters and Certificates. Company shall ensure that insurance is, procured and maintained
with underwriters who are authorized to do business in the State of Texas and who are reasonably
acceptable to the Ci,ty in 'terms of solvency and financial strength. Within ten (101) business days,
following execution of this, License, Company shall ensure that City is furnished with certificates of
insurance signed by the respective companies as p�rolof'that the types and amounts of' insu,rallice coverage
r�equired herein have been, obtained. In addition,,, Company, sliall, on demand, provide the City with
ev�idence that it has maintained such coverage iii, full force and effect.
10.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $15010,01001.001 in the annual aggregate unless the limit per occurrence or per line of
coverage, or aggregate is otherwise approved by, the City.
10.,06 No Limitation of Liability. The insuraticle requirements set forth in this, section and any recovery
by the City of any SLIm by reason of any insurance policy required under this License shall in no 'way be
construed or affected to liniit or in any way, affect Company's liability to the City or other persons as
provided by this License or law.
ARTICLE 111
D14'.'1FAUU1 AND TERMINATION
11.01 General Breach. Unless, stated elsewhere in this License, Company shall be in default under, this
License if Company breaches any terni or condition of this License. In the event that such breach remains
uncured after thirty (30) calendar days following receipt of written notice from the City referencing this
License ((or, if Company has diligently and continuously attempted to cure following receipt of such
written notice but reasonably requires, more than thirty (310) calendar days tO cure, then Such additional
arnount of time as, is reasonabily necessary to effect cure, as detern7lined by both parties mutually and in
go�od faith)), the City shall have the right to terrn.inate this License iti-miediately by prov,iding written
notice to Company.
11.02 'Termination Without Cause. The City may terminate this License without cause upon ninety
(90)days written notice to, the Company.
11.03 Comt)gXt 's Duties Following,,,F Terrr�nation. Folio
,x
�tration or wing expiration or termination of
this License, Company shall promptly, remove all of its, personal property; provt,(led, however', Company
shall not be obligated to remove any, fixtures (inclUding the Drainage Improvements). Company shall
also repair any Company-caused darriage to the Premises, including, but riot limited to, any damage that
Company causes, dUring removal of Company's property, to the satisfaction of the Director. Following
removal of. all of Company's personal property and repair of any darnage, Coillpany shall relinquish
possession of the Prem�iises to City.
License Agreement foi"a Portion of Gateway Park 12 olf 36
11.04 Failure to CoMply with Post-Expiration or Termination Duties. If Company falls to remove ,,Ltll or
any part of its personal property (except the Drainage Improvements), City may, at its sole discretion, (i)
remove Company I s personal property and invoice Company for City's costs and expenses incurred, such
invoice to be due and payable to City within thirty (30) days, of its delivery to Company 9- or (ii) following
no less than thirty (30) days prior written notice to Company, take and hold any Company personal
property as City's sole property; or(iii) pursue any remed at law or in equity available to City.
I y
11.05 Duties and Ob,jigations to Survive TertWnation or,-Expg�!tion. No terra nation or expiration shall
release Company from any liability or ob�ligation resulting from any event happening prior to the
completion of all post-termination duties, or, if later, the date on which Ci,ty exercises, the last of its
available remedies for Company's failure to meet its post-termination duties.
11.06 Other Remedies. Any termination of this License as provided in this article will not relieve
Company from paying any sum or sums due and payable to City under this License at the time of
termination, or any claim for damages, then or previously accruing against Company under this License.
Any such ter rn-tination will not prevent City from enforcing the payment of any such sum or sums or claim
for damages by any remedy provided for by law, or from recovering damages from Company for any
default under the License. All City's rights, options, and remedies under this License will be construed to
be cumulative, and not one of thern is exclusive of the other. City may pursue any or all such remedies or
any other remedy or relief provided by law, whether or not stated in.this License.
11.07 Access. No use of or access to the Park or the I-"remises shall be allowed outside of the
designated license term or applicable extension period. Company"s rights in and to the Premises
hereunder shall be strictly, li-tTnited and shall fully and absolutely terr6riate and be of no further force and
effect at the conclusion of the applicable license period. After the license period ends, all rights of the
Company in and to the Pretylises, shall, auton-iatically and without the need for any further documentation,
fully and unconditionally terminate, whereupon the Company shall have no right of entry or use of the
P'rerm'ses whatsoever.
ARTICLE 12
MISCELLANEOUS
12.01 Audit. The City will have the right throughout the entire term of this License to audit the
financial and business records of the Company that relate to, the License and any other documents
necessary to evaluate Coy np an y's compliance with this License (collectively "Records,"). Developer shall
make all Records available to the City at a location in the City acceptable to both parties following
reasonable ,advance notice by the City and shall otherwise cooperate fully with the City during any audit.
12.02 Prohibition A 11, that Zainst Liens. The Company shall not do any act or make any co tract h t may be
purported to create or be the foundation of any lien on or any interest in the Premises or the Park. Any
such act, contract, or lien attempted to be created shall be void. Should any purported lien on the
Prem,ises, be created or filed, the Company shall, at its sole expense, liquidate and discharge sartle within
ten (10) business days after notice from the City to do so
12,03 Notices. All notices required or permitted under this License shall be conclusively determined to
have been delivered when (i) hand-del,i vered 'to the other party, its agent, employee, servant, Or
representative, or (ii) received by the other party by reliable overnight courier or United States, 'Mail,
postage prepaid, return receipt requested, at the address stated below or to such other address as one party
may from time to time notify the other in writing.
To THE CITY: To COMPANY-
License Agreement f r a Portion of Gateway Park 13 of 36
Director Jerry Gerloff
Parks and Community Services Construction
City of Fort Worth Energy Transfer
42 South Freeway, Ste 2200 2001 Stephens Drive
Fort Worth, Texas 76115 Mansfield TX 76063
With a copy to: With a copy to.-
Department of Law Dan Hyvl
City of Fort Worth Senior Attorney
1000 Throckmort.on. Energy Transfer LP
Fort Worth, Texas 76102 1300 Main Street
Houston TX 77002
Robert Rose
Vice President.Land and Right of Way
Energy I ransfer Fuels,
1300 Main Street
Houston ,Texas 77002
12.04 Independent Contractor. It is, expressly, understood and agreed 'that Company shall operate as an
independent entity in each and every respect hereunder and not as an agent, re,presentative, or employee
of the City. Company shall have the exclusive control and the exclusive right to co,ntrol all details and
day-to-day operations and activities relative to op�erati,on of the Company and shall be solely responsible
for the acts and ornissions of its officers, agents, servants, employees, contractors, subcontractors,,
licensees, and invitees. Company acknowledges that the doctrine of respondewt superior shall not apply
as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors,
licenses,, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership
or joint enterprise between the City and Company.
12,.05 Prohibition A sjgnment. The Company may not sell, assign or otherwise transfer any of
.ga i I
,ins, As
its rights or obligations tinder this License without the prior, written consent of the City. Any such
attempted assignment, without the City's consent shall be void.
12.06 Comoliance with Laws and Regulations.
(a) In operating under this License, Company agrees to comply with all applicable federal, state,
and local laws, regulations, and ordinances, including all City ordinances, charter provisions, and
rules, regulations,, and requirements of the City's Police, Fire, Code Compliance, Transportation,
and Public Works, and Health Departments.
(b) Company will not knowingly do or stiffer to be done anything on said Premises during the
terms of this License in, violation of the laws, statutes, ordinances, rules, regulations, charter
provisions, directives or requirements referenced in this Permit. If the City calls the attention of
Company to any such. violation on the part of said Company or any person employed by or
admitted to said Premises by Company, Company will immediately or otherwise as soon as
reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises.
12,07 Third Parties,. Nothing in this Permit shall be construed in any manner to create a cause of action
for the benefit of any person not a party to this Permit, or to create any rights not otherwise existing at law
License Agreement for a Portion of Gateway Park 14 of
for the benefit of any person not a party to this Permit. Nothing in this Permit shall be deerned to
constitute a waiver of any irnmunity or affirmative defense that may be asserted by Company or the City
as to any claim of any third party.
12.0 a'eur
8 Force 'Mj, e- Homeland S
I AM- P . If either party is unable, either in, whole or part, to, fulfill its
obligations under this License due to acts, of Go d; strikes, lockouts, or other, industrial disturbances," acts
of public enernies; wars; blockades; insurrections, riots', epidernics- public health crises; earthquakes,
fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal, state,
county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or
Elevated Threat Alert by the United States Department of on Security or any equivalent alert
system that may be instituted by any agency 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 of by such Force Majeure Event will be suspended only during the
continuance of such event. If a Force, Majeure Event occurs, the City may, in its, sole discretion, close or
postpone the opening of its community centers, parks, or other City-owned and operated properties and
facilities in the interest of public safety and operate thern as the City sees fit. Company hereby waives
any clairns it rnay have against the City for damages resultingfrom any such Force Majeure Event.
12.09 Head ice. The section headings contained herein are solely for convenience in reference and are
not intended to define or limit the scope of any provision of this License.
l2.1 Choice of Law; e,nue. This License shall be governed by and construed in accordance with the
laws of the State of Texas. If any action,, whether real or asserted, at law or in equity, arises on the basis,
of any provision of this Permit, ven'tie for such action shall lie in state Courts located in Tarrant County,
Texas or the United States District Court fore the Northern District of Texas - Fort Worth Division.
12.J I Governmental Powers. It is understood and agreed that by execution of this License, City does
not waive or surrender any of its governmental powers.
12.12 Authorization. By executing this, License, Coen ipan y's agent affirms that he or she is authorized
by the Company to execute this License and that all representations made herein with regard to
Company's identity, address and legal, status (corporation, partnership, individual, etc.) are true and
correct.
12.13 Counter arts and Electronic Signatures. This License may be executed in several counterparts,,
each of which will be deemed an original, but all of which together will constitute one and the same
instrument. A s,ignature received via facsimile or electronically via email shall be as legally binding for
all purposes as an original signature.
12.14 Entire,ty_.of,Agreement. This instrument (including all attachments, schedules, and exhibits
attached hereto) constitutes the entire understanding and agreement of the City and Company as to use of
the Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with the terms and conditions of this License. This License shall
not be amended unless agreed to in writing, by both parties.
By executing this License, Company agrees to and accepts the terms, conditions and provision
contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this License in Fort Worth, Tarrant County,
License Agreement for a Portion of Gateway Park 15 of 36
Texas to be effective as of'the Effective Date.
Energy Transfer Fuel L.P., City of Fort Worth
a Delaware LImilted Part nsash l*p
By: Energy Transfer Fuel GP, LLC, B
y�
a Delaware Ll*ml*ted Uabi'llity Company, ........ _,Ausan Alanis
Us General Partner
i Assistant City Manager
Date:
By- Approved as to Form I
egal*ty:
"011
RO�erRose
Yc'e President and L nd ROW Agent
'�T ler F. Wallach
r J
d 7 y
Date-. Assistant City Attorney
ATTEST:
N/ary Kay se L/
City Secretary
%0 00
0(0000
OFFICIAL RECORD
License Agreement for a Portion of Gateway Park ���►E TARY16 of 36 CITY STARY
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COMPANY'Sli EASEMENT
Licenw Agreement i"or a,portion,of"Gateway Park FS of 36
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Area 1. shall start just east of Beach Street Bridge along the Trinity Trail and travel 203 feet
along the Trinity Trail, then turn southeast and travel for approxii-nately 182 feet until reaching the
Company's Easement.
Area 2
Area 2 consists of a 100-foot-by-1.00-foot area that begins immediately adjacent to the southern
boundary of the Company's Easement and that 'is approximately 617 feet east of the end point of'Ar,ea
I
Area 3
Area 3 consists of a 35-foot-by-30-foot area that begins 'immediately adjacent to the northern
boundary of the Company's Easement and that follows the Company's Easement beginning at the end
point of Area 'I, then traveling approximately 13 east, then turning southeast and traveling
approximately 366 feet, then turning east traveling approximately 1,253.7 13 feet.
EXHIBIII
License Agreernent,for a Portion of('Iateway Park 21 of 36
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Dammage to Ti-ees,,- Remo diiatjog Costs
In (lie event of' any d(,Arnage to trees in connection with Company's operations,. Comp ny shall
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comply with the following-
I- In General
The ("'ity Forester shall have the right to inspect any trees located on the Park for daniacre by
Z-1
Company and, 'if applicable, will classify darnage to trees as slight, liloderate, or severe as
described below,
1.1 Standards for Me a.
Branches shall be nie,asured at the point of attachment or at the lateral to which the branct-t would
be pruned back under ANSf st(andards. 'Free caliper shall be nlei.ISLIred according to accepted
industry standards. Trees greater than 6" in c4aliper shall be measured usina diameter a[ breast
height (DBI-1).
. .1. Sli,(.Yht D,yarn aae:
SlIcylit damage shall be defined -cis daniatle that, in the opinion of the it Forestier, call be
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reasonably anticip,4-Ated. to heal. Exaniples include, but tire not limited to. (i) scarring of the trunk
into the carnbial layer of up to 2 1� in width but less than 1/3 trUnk CII-CLIniference; and (ii)
breaking of limbs that are less than 2" in dic,"Inieter wid less than 1/3 ofthe trunk caliper.
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Rernediation, costs shall' be cassessed at a rate of S' 100.00 for each instance of slight damage,
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2.2. Moderate Damage:
Moderate dkarna�,Ye shatl be defined as daniage that. in tile opinion of the City Forester, can
4
reasonably be anticipated to contribute tca poor health and slictht to moderate reduction in
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lc not of the tree. Examples include, bUt are not limited to, (i) scarring of the trUnk. into the
ct-imbial, layer greater than 2" in width but less than 113, trLIIIk cirCLI111ference, and (li) l eakinor of
limbs niore than 22" in diameter but less th,,_-In 113 of the trunk caliper.
Rernediation costs shall be assessed for each instance of moderate dam(M
Ige at the following rates:
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(i) for any tree that is rriore t1ian 20 inches in caliper, the greater of
(A)one—half of the estimated value of the tree or
(B)$300.00 per caliper Inch-,
(ii), f',r.any tree that is less than 2_0 inches in caliper, S300.00 per caliper inch.
2.3. Severe Damage:
Severe d(arnage shall be defined as daniage that, in the opinion of the City Forester, can
L_I Z7
License Agreement for a Portion of Gateway Park 2,3 of 36
reasonably be anticipated to contribute to a severe reduction it) longevity of the tree or otherwise
chcaracterized - s a catastro
a ,phic injL11-Y to the tree, Examples include, bUt are not limited to, (i)
scarring Of the trunk to the cambial layer crreater than 1/3 the trUnk Cil-CLIII[IferenCe- (ii) uprooting
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a t re e o r causino a tree to lean', arnage to a sc(afft.flding branch or to a branch greater than
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1/3 of trunk caliper; and Gv) removal of a tree.
Remediation costs shall be assessed foi-each instance cif`severe damage at the following rates-,
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(i) for any tree that is twenty-five (25) inches or less In caliper, the appraised value of the
tree*,
(ii) for(any tree greater than twenty-five(25) inches in caliper, twice the appraised value
Of the tree,.
.1. Payn,ien,.t of Remediatimi Costs
Company shall make pkaynient for any Such d.-iniages and must plant reptacement trees for
severely darnaged trees at. a location to be determined by the "ark s and Com1flUnIty' Services
Department. Replacen'ient, shall be made on c alit ei--itich-pei--calipei--I,i,l,ch basis with a minimum
size replacement tree, of* 2 ill in caliper. Conipany shall be responsible for the planting waterin(Y
t, C:01
Mulching and maintem:,ince of replacen-ient trees for J, period of not less than 2 years. An tree
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that does not survive the 2 year establishment period shall be compensated for by the Company
to the Parks and Conimunity Services Department at a rate of$200 per caliper inch.
3.2. A I L
pV 'cqbilj,!.y of City's Tree Ordillilitance
Reinediation costs assessed hereLinder constitute contractual damages intended to coalp ens ate the
Parks n d Community Services as property owner and have no hearing on whether or to what
0--
extent any fines may be due Under the Urban Forestry Ordinance of' the Fort Worth Zoning
Ordinance.
EXHIBIT 'T"
License Agreement for a Portion of Gateway Park 2 4 of 36
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DRAINAGE, IMPROVEMENTS
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License Agreement for a Portion of Gateway Park 2,5 of 3�6
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