HomeMy WebLinkAboutC2019-114 - 1/22/2019 - Approved I(4
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Right-of-Way
License Agreement
STATE OF TEXAS §
COUNTY OF NUECES §
This Right of Way License Agreement ("Agreement") is entered into by and between the
City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and BL Marina
Properties, LP, a Texas limited liability partnership, whose business address is 5716
Highway 290 West, Austin TX 78735.
In accordance with Article IX, Section 1 , of the City's City Charter and in consideration of
a one-time payment of ($562.50) paid by Licensee, the City has granted and conveyed,
and by these presents does grant and convey to Licensee, for the term and upon the
conditions stated in this Agreement, a license for the right to install, operate, maintain,
repair, and remove a private wastewater collection system and conveyance system
force main ("Wastewater Line") located south of Caribbean Drive and east of Nassau
Drive; as shown in Exhibits "A" (Location Map) and "B" (Plan View). Exhibits "A" and "B"
are attached to this Agreement and incorporated into this Agreement by reference as if
fully set out herein in their entirety. The area in which the license is granted for the
location of the Licensee's Wastewater Line is referred to in this Agreement as the
"Licensed Area."
TO HAVE AND TO HOLD the same license granted unto Licensee, its successors, and
assigns, together with the right under the conditions specified in this Agreement, to at any
time enter upon the above described Licensed Area to install, operate, maintain, repair,
or remove Licensee's Wastewater Line, and being further understood that the license
granted by this Agreement is subject to the Licensee's compliance at all times with the
following conditions, the City and Licensee agree as follows:
A. This Agreement, and the rights granted under the Agreement, may be revoked
at any time by the City upon providing the Licensee not less than 30 days notice
in writing by the City's City Manager or designee ("City Manager"). In the event
of a revocation by the City Manager or earlier termination of this Agreement by
either party, no portion of any payment made under this Agreement is
refundable to the Licensee.
B. This Agreement is for a term of one (1) year from the date executed by the City.
At the end of the initial term, this Agreement renews automatically unless the
Licensee or the City provides written notice to revoke the Agreement.
C. This Agreement may not be assigned by Licensee without the City Manager's
prior written consent.
C2019-114
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Ord. 031662
BL Marina Properties LP SCANNED
D. During construction or maintenance of improvements pertaining to the
Licensed Area granted under this Agreement, insurance requirements are as
stated in Exhibit C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
Before construction or maintenance of the improvements pertaining to the
Licensed Area granted under this Agreement can begin, the Licensee must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and Director of Development Services
Department. Additionally, the COI must state that the City will be given at least
30 days' advance written notice of cancellation, material change in coverage,
or intent not to renew any of the policies. The City must be named as an
additional insured. The City Attorney must be given copies of all insurance
policies within 10 days of the City Manager's written request.
E. Should construction be deemed necessary by Licensee in the Licensed Area,
construction plans and specifications for all proposed work shall be submitted
in advance by the Licensee to the City's City Engineer for approval prior to
beginning the construction process. The plans must show the depth, and
location of the proposed construction and distance from existing water, storm
water, wastewater, and gas lines. The Licensee shall also comply with any
other laws, rules, regulations, and ordinances applicable to construction in the
City and in the public right-of-way, including obtaining all required permits.
F. Prior to the start of any approved construction, Licensee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit "C." Additionally,
Licensee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, licensees, and
invitees in the same manner that Licensee has provided indemnification to the
City pursuant to this Agreement.
G. Licensee shall provide all necessary and proper safety devices so as to prevent
injuries or accidents in the Licensed Area, in as much as possible.
H. At least 48 hours prior to beginning any approved construction, Licensee shall
contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669-
8344), and any other required agency or authority. Additionally, at least 48
hours prior to beginning any approved construction, Licensee shall give notice
and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
• City Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
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• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or
location.
I. Any construction process and use of the Licensed Area by Licensee shall not
interfere with the construction, installation, operation, maintenance, repair,
removal or replacement by the City or any of its agents, contractors, or
franchisees of any existing or future proposed sidewalks, utility lines, or other
uses. If the City or any franchisee with utilities currently located in said public
right-of-way needs access to the right-of-way, Licensee shall pay for removing
or relocating the private wastewater line in the Licensed Area to allow access
to utility lines for maintenance, repair, removal, or replacement of the utility
lines. The Licensee shall repair the Licensed Area to its original condition or
cease to use the Licensed Area, at which time this AGREEMENT terminates
immediately.
J. Traffic Engineer requirements pertaining to this Agreement, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Licensee shall file and obtain approval for a traffic control plan with the City's
Traffic Engineer. No closure or barricading of a public right-of-way or any
portion of a public right-of-way may occur before approval of the traffic
control plan and, if applicable, approval of a detour or barricade plan has
been obtained from the City's Traffic Engineer.
2. Should Licensee require a trench, pit, or similar excavation be dug during
approved construction, the Licensee shall file and obtain approval for
barricading said trench, pit, or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City's Traffic Engineer.
[See paragraph "P" of this Agreement for additional requirements regarding
trenches, pits and similar excavations.]
K. If, as determined by the City Manager, damage occurs to any gas, water,
storm water, or wastewater line, Licensee shall allow the City immediate
access to the Licensed Area to perform an assessment, make repairs, or take
any other action deemed necessary by the City. Determination of the extent
of damage and repairs necessary to restore the utility line(s) shall be made by
the City Manager. All costs of the City associated with said damage and
repair, including labor and materials, shall be paid by Licensee within 30 days
of the City's invoice.
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I9I /JICX-i
L. Should construction become necessary near existing water or wastewater
lines, Licensee shall take every precaution not to disturb the soil surrounding
any such lines, including all thrust blocks.
M. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal, or replacement in the
Licensed Area. A half-day, being four hours or more of work time by the City
inspector, constitutes a whole working day for purposes of calculation. Any
time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall
be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18)
per hour. Any assessed inspection fees shall be paid by the Licensee to the
appropriate City department within 30 days of the City's invoice. These
amounts will be adjusted annually each year on August 1 to reflect any pay
increases that may be attributable to the rates charged.
N. At any and all times Licensee shall be responsible for the repair and
maintenance of the Wastewater Line and Licensed Area, including any costs
associated with damage occurring due to natural weather
elements/occurrences or man-made forces. Should damage occur to the
Wastewater Line or Licensed Area, regardless of the type of damage, Licensee
shall immediately repair the damage upon notice by the City. Failure to so
repair terminates this Agreement immediately without any further action
needed on the part of the City.
0. Licensee shall repair, or cause to be repaired, any damage to driveways,
culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other
structure, public or private, resulting from or caused by reason of construction,
installation, maintenance, repair, removal, replacement or operation of the
Wastewater Line and Licensed Area.
P. If a trench, pit, or other excavation is required during approved construction, no
trenches, pits, or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City's Director of
Development Services and City's Engineer. Bore pits are not allowed open for
a period of longer than 14 calendar days, regardless of location. All trenches,
pits, or other excavations, other than bore pits, shall be backfilled by the
Licensee promptly and in accordance with current City standards and
specifications and as per the City inspector's request. All trenches, pits, and
other excavations, including bore pits, shall be barricaded by the Licensee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
approved by the City's Traffic Engineer. [See paragraph "J.2." for additional
requirements pertaining to trenches, pits, and other excavations.]
Page 4 of 8
Q. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Licensee according to current City
standards and specifications and as required by a City inspector.
R. Use of the Wastewater Line authorized by this Agreement is strictly limited to
providing service to Caribbean Dreams in the Licensed Area. Licensee shall
not provide, nor permit anyone else to provide or receive, service through said
Wastewater Line, or at any facilities within the City other than the building
facilities specifically included in this Agreement without first obtaining a
franchise or other required approval from the City.
S. INDEMNIFICATION. Licensee shall fully indemnify and hold
harmless the City of Corpus Christi, its officers, officials,
employees, and agents ("indemnitees") from and against all
suits, claims, demands, actions, losses, costs, expenses,
liability, damages and judgments recovered from or asserted
against City for any and all property damage or injuries
sustained by any person, including without limitation,
workers' compensation, personal injury or death, arising from
or incident to, be caused by, or be in any way connected with,
either proximately or remotely, wholly or in part, the license
granted.
T. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this Agreement
binding and enforceable by their signatures.
U. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Licensee: BL Marina Properties, LP
P.O. Box 5943
Austin, TX 78763
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
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a ijn ADO I
Any party shall, by notice to the others in accordance with the provisions of this
paragraph, specify a different address or addressee for notice purposes within
10 days of any address change.
V. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created pursuant to this
Agreement are performable in Nueces County, Texas. Venue for all actions
arising from, out of, or related to this Agreement must be brought in Nueces
County, Texas.
W. The Licensee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure
of Interests" form attached to this Agreement as Exhibit "D." Completed
versions of Exhibit "D" by the Licensee form a part of this Agreement and are
incorporated by reference into this Agreement as if set out here in their
entireties.
X. This instrument, including exhibits, constitutes the entire agreement between
the City and the Licensee, and no prior written, oral, or contemporaneous
promises,warranties, or representations shall be binding upon any parties. This
Agreement may only be amended by written instrument signed by authorized
representatives of the City and Licensee and approved as required by City law.
Remainder of page intentionally left blank; signature page to follow.
Page 6 of 8
EXECUTED IN DUPLICATE this '- 41 day of Nd Jt4"--.b' , 20 .
BL MARINA PROPERTIES, LP
p- - . _ • ' • = Date
Ann or'G`-P, I nc.
tAk) i --
Kris Hawkins, General Partner Date
BL Real Estate Management, LLC
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2018, by
Spence E, Collins, President, Ann Arbor G.P., Inc,. a Texas Corporation, on behalf of
said company.
Notary Public's Signature
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 1)oUMbele_ cR , 2018, by
Kris Hawkins, General Partner, Hawkins Family Partners, L.P. a Texas limited liability
partnership, on behalf of said company.
.4;("•-• KATHY KATHY AKIN
ki My Notary ID#1745936 C�✓�
Expires July 21,2020
•• Notary Pub 'c's Signature
Page 7 of 8
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CITY OF CORPUS CHRISTI
By: 44,////, /_ ✓_`cif // /�,_
Samuel °el el an
Interim City Manager
ATTEST:
By: eLJ4ae,4
Re ecca Huerta
City Secretary
STATE OF TEXAS §
COUNTY OF NUECES §
1.
This instrument was acknowledged before me on �a Kti4r1 2 c��
, 2018, by
Keith Selman, Interim City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
' r
��ouurfi, JOSIE CASTILLO
__:'' :�;Notary Public,State of Texas ��"� CC•S 7
.4% � Comm. Expires 10-17-2021 Notary 'ubli', State of Texas
�'%;;Oi�';.�`'� Notary ID 3929838
APPROVED AS TO LEGAL FORM:
By: ��� //2-(-)7
,,I 03\(j Buck Brice (Date) V"• (,RUTH Klttb
Assistant City Attorney 2,-e 1c
For the City Attorney SY MICK
I �
Vw
SFCRFTAD'
Page 8 of 8
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• N«c,1a>: Iof Nu*cos County, ro;:as INSURANCE NAMING NE CITY OF CORPUS CHRISTI '�I i, D ;
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EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(Including Cleanup and Remediation) $1,000,000 Aggregate
ICi„A /n4/
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A-VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the"other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five(5) calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
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F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2018 Insurance Requirements
Development Services
Use of City Easement for Installation of New Sanitary Sewer
04/30/2018 sw Risk Management
,,I . .,-, I
Kcobfns
3 c '240- a4/46-
Christi
Attention:
CityofC
1 Cev orpus
2406 'opment Services
Leppard St., Ste. 1 Q0 (7840
8)
us Christi TX
Doct 2019005100
Pages 14
02/07/2019 3:48PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $63.00
Any provision herein which restricts the Sale►
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion► Sexy Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me► and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS