Water Tanks - 13 - First Draft Servitude Pending resubmission.pdf

This document contains two draft Permanent and Temporary Surface and Subsurface Servitude Agreements between the City of Shreveport (Grantor) and Overton Brooks VA Medical Center (Grantee), a Department of Veterans Affairs agency, for the construction and maintenance of potable water storage tanks on property in Caddo Parish, Louisiana.

The permanent servitude grants the Agency perpetual rights to use a designated Servitude Area on and beneath Stoner Avenue and adjacent property to construct, reconstruct, repair, maintain, and utilize water storage tanks. The temporary servitude covers the same purposes with a five-year term commencing upon issuance of a Notice to Proceed, extendable by mutual agreement. Both agreements designate the Servitude Area shown in Exhibit A (property maps) and require the Agency to: restore all excavations and replace ground surfaces; obtain all required permits under Caddo Parish Code; protect Stoner Avenue from construction damage; bear full repair costs for any street, pavement, curb, sewer, water line, or subsurface structures disturbed by construction or operations; and commence repairs within thirty (30) days of written notice of non-compliance. The Grantor retains the right to correct any failures immediately and charge the Agency reasonable costs. Exhibit B establishes mandatory insurance requirements including Commercial General Liability ($1,000,000 per occurrence/$2,000,000 aggregate), Worker's Compensation ($1,000,000), and Business Automobile Liability ($100,000 per person/$500,000 per accident), all with the City as additional insured. Both agreements are governed by federal law and Louisiana law, require recording in Caddo Parish, include force majeure provisions extending performance up to two years, and specify that modifications require written amendments executed by both parties.