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Home My WebLink AboutC2019-629 - 11/20/2019 - NA ENCROACHMENT LICENSE AGREEMENT This Encroachment License Agreement("Agreement")dated 20 November 2019 by and between the City of Corpus Christi("Licensee")and Luxury Spec Homes,Inc("Licensee")and Epic Y-Grade Pipeline,LP("Epic"or"Licensor")shall consist of the following: Whereas, Epic has acquired a Fifty Foot (50') wide permanent Pipeline Easement (the "Easement")over,and across lands owned by Luxury Spec Homes,Inc.("Luxury Spec Homes")located in the G. Farias Survey, Abstract Number 592, in Nueces County,Texas,being 24.624 acres of land,more particularly described in a General Warranty Deed from Spanish Eagle Holdings, LLC to Luxury Spec Homes,Inc.and recorded under Document#2015045970,of the Official Public Records ofNueces County; Whereas, such Pipeline Easement (or a memorandum thereof) is recorded as Document No. 2019027379,at the Real Property Records of Nueces County, Texas(the"Easement Agreement"). Whereas,Luxury Spec Homes wishes to ensure,for the purposes of future real estate development, that the City of Corpus Christi retain a right to encroach upon Epic's Easement specifically for the purposes of installing above and below ground encroachments limited to: a street, water lines, waste water lines, storm water lines, and sidewalks (collectively, "Public Improvements" or"Encroachments") at a time to be later determined, and Epic is prepared to conditionally permit the construction of such Public Improvements;and Whereas, Epic agrees to allow Licensee to install the Public Improvements across the Easement pursuant to the terms of this Agreement and to allow for inspections of such Public Improvements by City of Corpus Christi inspectors,with prior notice to Epic of such inspections. Now therefore, for and in consideration of Zero Dollars ($0.00), the receipt and sufficiency of which are hereby acknowledged, and of the premises and covenants herein contained, including the above recitals,all of which are incorporated herein,the parties agree as follows: 1. Such Encroachments by Licensees or use thereof by any party shall not interfere with the purposes for which Epic has obtained the Easement,or Epic's use thereof; 2. Epic hereby licenses and permits the City of Corpus Christi and Luxury Spec Homes to encroach upon its Easement over and across the above mentioned lands owned by Luxury Spec Homes, Inc., for approximately One Hundred Feet (100') in length, as depicted in the attached Exhibit "A", incorporated herein for all purposes, for the purpose of erecting, constructing, installing, laying, replacing (in the same location and to the same specifications), servicing, repairing, using, maintaining, inspecting, modifying, removing, operating and keeping the Public Improvements; 3. Prior to the construction of any such Public Improvements,Licensees shall submit the plans and specifications for such construction to Epic, for Epic's prior written approval, which shall not be unreasonably withheld; 4. Licensees shall give Epic 48 hours'prior notice before entering on the Easement to perform any excavation or other work, including inspections; 00165587 DOCX Page 1 of 6 SCANNED 5. Any Public Improvements shall cross the Easement at an angle not less than forty-five(45) degrees and, if below ground, maintain at least three feet(3')of depth separation from Epic's pipeline; 6. The Licensees shall not acquire any right, title or interest in or to the Easement or the portion thereof affected by the Encroachment,except the right to maintain the Encroachment in accordance with the terms and conditions of this Agreement; 7. Licensee shall adequately mark its below ground improvements; 8. Upon completion of construction of any permitted Public Improvements, Licensee shall restore the Easement to the condition that existed immediately prior to construction of such Public Improvements; 9. Luxury Spec Homes shall: (i) carry, and require that any contractor carry, insurance in amounts customary in their industry, but no less than $1 million comprehensive general public liability insurance and an umbrella liability of at least$5 million; (ii) include, and cause the contractor to include, Epic as an additional insured on such policies; and(iii)provide a copy of such policies(or a certificate of insurance evidencing same) to Epic prior to commencement of construction of any such Public Improvements; 10. LUXURY SPEC HOMES SHALL PROTECT RELEASE, INDEMNIFY,DEFEND AND HOLD LICENSOR,ITS PARENTS,SUBSIDIARIES,AFFILIATES,CONTRACTORS AND SUBCONTRACTORS, THEIR SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "INDEMNIFIED PARTIES"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, FINES, PENALTIES, DAMAGES,DEMANDS,SUITS,CAUSES OF ACTION,JUDGMENTS,COSTS AND EXPENSES (INCLUDING ATTORNEYS'FEES,COSTS OF LITIGATION AND/OR INVESTIGATION AND OTHER COSTS ASSOCIATED THEREWITH), AND LIABILITIES, OF EVERY KIND, (COLLECTIVELY REFERRED TO HEREAFTER AS "CLAIMS"), INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOSS OF OR DAMAGE TO ANY PROPERTY (INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL DAMAGES, POLLUTION OR CONTAMINATION), AND INJURY TO OR DEATH OF ANY PERSONS, IN ANY WAY ARISING OUT OF, CONNECTED WITH, RELATING TO, OR RESULTING FROM THE EXERCISE OF ANY OF THE RIGHTS IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE CONSTRUCTION, PRESENCE, MAINTENANCE, USE, REPAIR OR REMOVAL OF THE ENCROACHMENTS, OR ANY BREACH OF THIS AGREEMENT BY LUXURY SPEC HOMES OR BY ANYONE ACTING ON BEHALF OF LUXURY SPEC HOMES, REGARDLESS OF THE CAUSE OR CAUSES THEREOF, INCLUDING WITHOUT LIMITATION ANY CLAIMS CAUSED SOLELY BY OR CONTRIBUTED TO,IN PART,BY THE INDEMNIFIED PARTIES' SOLE, JOINT OR CONCURRENT NEGLIGENCE OR FAULT (WHETHER IMPOSED BY STATUTE,RULE, REGULATION OR OTHERWISE, INCLUDING THE STRICT LIABILITY OF THE INDEMNIFIED PARTIES),EXCEPT TO THE EXTENT ANY 00165587 oocx Page 2 of 6 SUCH CLAIMS ARE CAUSED BY THE INDEMNIFIED PARTIES' WILLFUL MISCONDUCT; and 11. Licensees shall not be permitted to assign its rights hereunder without prior written notice to and consent of Epic. (Signatures on the following pages) 00165587.DOCX Page 3 of 6 Licensor The person signing this ENCROACHMENT LICENSE AGREEMENT as Licensor, or signing on behalf of the Licensor, represents, warrants, and guarantees that they are the Licensor or have the authority to act on behalf of the Licensor for the purpose and consideration stated. EPIC Y-GRADE PIPELINE,LP By: EPIC Y-Grade GP, LLC Its General Partner By: Name Ju tin Gordon Title: SVP of Engineering and Operations STATE OF TEXAS § COUNTY OF g F.-)( Z § This instrument was acknowledged before me on 19 14' , day of (3c,lc ate- , 2019, by -��S�'�•� Cs. ,the S vP of EPIC Y-Grade GP, LLC, General Partner of EPIC Y-GRADE PIPELINE, LP, on behalf of said limited liability company and limited partnership. ,�"""'��, WILLIAM JOHN WARD JR Notary Public, State of Texas JY D,PY 1 i� Notary Public,State of Texas Comm.Expires 09-28-2022 '%,;oa: •` Notary ID 131742337 00165587.DOCX Page 4 of 6 • LICENSEE ACCEPTED for Luxury Spec Homes Inc. by: k)16111 /O.--2- L-9 'Lawrence D. Wolter Date President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ZS-- day of da+0 , 2019, by Lawrence D. Wolter, President, Luxury Spec Homes Inc, a Texas corporation, on behalf of said corporation. 4 J,o g3:;;''e<•.,, MICHAEL BUDD ► Notary Public State of Texas 4 =4!'A 0:\s<6. ID 12435613-3 4 N `� i ' NotaryPublic ► 4 TEXAS F Py My Comm.y OFExp0 07-2022 ► 00165587.DOCX Page 5 of 6 LICENSEE ACCEP D for the City of Corpus Christi,Nueces County, Texas, by: /7/ (t • 20• 2on 'Al 'ay Ind Date Di ector/•f Development Services STATE OF TEXAS § COUNTY OF NUECES § T` This instrument was acknowledged before me on AV day of 1\)0\ie.J'4 , 2019, by Al Raymond, Director of Development Services, City of Corpus Christi,a Texas home-rule municipal corporation, on behalf of said corporation. 0"7 f ULTRA V PENH �—� /°' ��_`�+� NOTARY PUBLIC Zj � ' 0= State of Texas Notary Public, State of Texas '•4 of Comm.Exp.12-02-2019 APPROVED AS TO LEGAL FORM: I" ()V '1 1 ) ' , 2019. Buck Brice Assistant City Attorney for the City Attorney AFTER RECORDING RETURN TO: Major Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 00165587.DOCX Page 6 of 6 Nueces County Kara Sands Nueces County Clerk *VG-50-2019-2019048360* Instrument Number: 2019048360 Official Public Records AGREEMENT Recorded On: November 21, 2019 02:25 PM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $31.00 � STATE OF TEXAS �p�tITY Cpp9�-to Nueces County *ito I hereby certify that this Instrument was filed in the File Number sequence on the date/time 0,, %••••fqkla c printed hereon, and was duly recorded in the Official Records of Nueces County, Texas ,,I'1 I�yNat UE��~' Kara Sands Nueces County ClerkGa.lt/L Nueces County, TXT' ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2019048360 RTC - VERN ROBINS Receipt Number: 20191121000112 NA Recorded Date/Time: November 21, 2019 02:25 PM User: Margarita S CORPUS CHRISTI TX 78401 Station: CLERK04