HomeMy WebLinkAboutContract 40794,....- -.
This Entry Agreement (this "Agreement") is made as of to , 2010, (the "Effective
Date") by and between the CITY OF FORT WORTH ("Owner) nd BNSF RAILWAY COMPANY, a
Delaware Corporation ("BNSF").
1. Grant of License. Subject to the terms and conditions %J this Agreement, Owner grants to BNSF
and its hereinafter defined Representatives a Right of Entry for reasonable access to the hereinafter
defined Property for the sole purposes of accessing, testing, and surveying, on, across, under, and through
the Property. BNSF will not knowingly grant permission for any other party, except BNSF's duly
authorized representatives, employees, agents and independent contractors (collectively, BNSF's
"Representatives"), to enter or use the Property. As used in this Agreement, the "Property" means the
West 37 feet of the North 40 feet of Lot 1, Block 124, Original Town of Fort Worth, Tarrant County,
Texas.
2. Term. The term of this Right of Entry shall commence on the Effective Date and continue in
effect until December 31, 2010. BNSF shall have the right to terminate this Agreement upon thirty days
written notice to Owner.
3. Liability. While on the Property, BNSF and its Representatives will comply and will cause all
Representatives to comply with all applicable government laws and regulations. BNSF and its
Representatives will be responsible for any damage to the Property proximately caused by the negligent
acts of BNSF or the negligent acts of its Representatives' use of the Property for the purposes specified
herein. BNSF agrees to, prior to the expiration of this Agreement, restore and relocate fences on the
Property to as good condition as reasonably practicable that existed as of the Effective Date of this Right
of Entry.
4. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in
accordance with the laws of the State of Texas.
5. No Third Party Rights/Assignment. Nothing in this Agreement, express or implied, is intended
to confer any rights or remedies upon any person, other than the parties and their respective employees
and representatives. BNSF may not assign its rights under this Agreement without Owner's prior written
consent, which may not be unreasonably withheld, conditioned, or delayed.
6. WAIVER AND RELEASE. BNSF, for itself and its Representatives, does hereby FOREVER
RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for
injuries, death or property damage which may arise from BNSF's entry onto the Property. This waiver
and release is intended to release and forever discharge the City of Fort Worth, its officers, servants,
agents and employees, from any and all claims, actions, causes of action, damages, losses or expenses,
including attorney's fees whether real or asserted, of every kind or character, arising out of BNSF's entry
onto the Property. The Release and Waiver is given in exchange for permission to enter onto the Property.
BNSF hereby assumes the risk of all dangerous conditions or occurrences that may be encountered during
said entry and waives any and all specific notice of the existence of such conditions or occurrences. This
waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees
even if said injuries, death or other damages are caused in whole or in part by the alleged acts of
commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or
employees. BNSF hereby assumes all responsibility and liability for such injuries or damages, including
death, and hereby covenants not to sue the entities and parties named above for such injuries or damages.
The undersigned has read this Waiver and Release and fully understands its terms, provisions and
conditions. The undersigned has not been influenced to any extent whatsoever by any representations or
statements not contained within this agreement.
Executed on the dates noted below the parties' respective signatures, to be effective as of the
Effective Date.
Page 1 of 2'�[IETAi` ,
031432 000407 DALLAS 2647664.1
ENTRY AGREEMENT
CITY OF FORT WORTH
G
By.
Assistant City Mqagkr
APPROVED AS TO FORM AND
LE(
By:
Marty
City of Fort Worth
S��retary
BNSF RAILWAY COMPANY
Signature:
Title: Manager a Acquisition & Development
Page 2 of 2
031432 000407 DALLAS 2647664.1