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Home My WebLink AboutContract 40596� n ` CITY SECRETARY CONTRACT NO, TEMPORARY RIGHT UP EINTTRY This Temporary Right of Entry Agreement ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas ("City"), and TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District, a body politic and corporate under the laws of Texas ("Developer") as of , 2010 (the "Effective Date"). WHEREAS, Pursuant to a Community Facilities Agreement, Developer desires to enter upon property described in Exhibit "A" (the "Premises") and currently owned by the City to construct improvements; WHEREAS, Developer is seeking vacation of the Premises by the City to Developer in accordance with City processes; NOW, THEREFORE, for and in consideration of the premises, terms, conditions, covenants and performances contained herein City and Developer hereby enter into this Agreement and agree as follows: I. PERMITTED USE OF PREMISES City agrees that Developer and its contractors, subcontractors, agents, consultants and employees may use the Premises shown on Exhibit "A" hereto for constructing the improvements in accordance with City of Fort Worth design, construction and inspection standards, the approved plans and specifications and all City ordinances, rules, regulations, policies and procedures. II. TERM Unless terminated by the City for its convenience, this Agreement commences on the Effective Date and terminates eighteen (18) months therefrom, on the date of completion of the work or upon vacation of the property to Developer, whichever occurs first. III. ACCEPTANCE OF PREMISES/DISCLAIMER This Agreement is subject to all covenants, easements, reservations, restrictions and other matters applicable to the Premises, and Developer is using the Premises subject to the rights, if any, of any other persons or entities pursuant to such covenants, easements, reservations, restrictions and other matters. City will not have to make any expenditure, incur any obligation, or incur any liability of any kind whatsoever in connection with this Agreement. It is expressly understood that City does not purport hereby to grant any right, claim, title or easement in or upon the Premises. This Agmement is personal to Developer (and its contractors, subcontractors, agenJs,,=§WJ nJ§4 loyees). CITY SECRETARY FT WORTH, T�. 0`7-22-1 0 P02 � 49 I N IV. COMPLIANCE WITH LAW Developer, at its own expense, will comply with all Federal, State, municipal and other laws, codes, ordinances, rules and regulations applicable to Developer and Developer's work on the Premises. Developer shall not discharge sewage, garbage, oil or gas on the Premises. Developer shall not commit any act or permit any act which creates or may create a nuisance in or upon the Premises during the term of this Agreement. Notwithstanding anything herein to the contrary, no part of the Premises shall be used for the manufacture or storage of flammable, explosive or hazardous materials or for any occupation or use that City deems to be hazardous to the adjacent users, whether City employees or agents, or the public. V. IMDEMNIFICATION DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD THE CITY HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, ACTIONS, CAUSES OF ACTION, OR JUDGMENTS FOR DAMAGES (INCLUDING DEATH AND CLAIMS FOR ENVIRONMENTAL DAMAGE) TO ANY PERSON, ENTITY AND/OR PROPERTY OF ANY PERSON OR ENTITY (INCLUDING ATTORNEY'S FEES) TO THE EXTENT SUCH DAMAGES ARE DUE TO OR ARISE FROM SUCH CONTRACTOR'S EXERCISE OF THIS RIGHT OF ENTRY AGREEMENT AND CONDUCT HEREUNDER AS WELL AS THAT OF ANY SUBCONTRACTOR, LICENSEE, AGENT, EMPLOYEE OR INVITEE OF SUCH CONTRACTOR GOING UPON THE PREMISES. CITY SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY OR OBLIGATION WITH RESPECT TO DEVELOPER°S USE OR OCCUPANCY OF THE PREMISES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR INJURIES TO DEVELOPER'S EMPLOYEES, AGENTS, INVITEES, OR ANY THIRD PARTIES, OR DAMAGE TO DEVELOPER'S PROPERTY, OR THE PROPERTY OF DEVELOPER'S EMPLOYEES, AGENTS, INVITEES, OR ANY THIRD PARTIES, ARISING FROM OR AS A RESULT OF DEVELOPER'S USE OR OCCUPANCY OF THE PREMISES, OR DEVELOPER'S FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER. VI. NO WAIVER OF SOVEREIGN IMMUNITY The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver by the City of any immunity it may have by operation of law. The City does not waive or surrender any of its governmental powers and defenses by execution of this Agreement. VII. AUTHORIZATION Each party to this Agreement represents to the other that it is fully authorized to enter into this Agreement and to perform its obligations hereunder. Temporary Right of Entry Page 2 of 5 VIII. GOVERNING LAW/VENUE If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. IX. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. X. SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. XI. ASSIGNMENT &AMENDMENT This Agreement is non -assignable and any attempt to assign this Agreement will terminate the privileges granted to Developer hereunder. Any changes in the time frame, character, agreement provisions, or obligations of the parties hereto shall be enacted by written amendment executed by the Developer and City. [Signature Page Follows) Temporary Right of Entry Page 3 of 5 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in multiple counterparts. THE CITY OF FORT WORTH: Attested byo Fernando Costa Assistant City Manager Approved as to Form and Legality: Amy J. Vhmsey Assistant City Attorney DEVELOPER: IwAmbablvAmMum DISTRICT James M. Oliver • General Manager P:\TRWD\Rodgers Land Purchase\TEMP ROE TRWD 6 16 10 (]WS rl 6-21-10).DOC OFFIGIA9e REC®R®II' CITY SECRETARY 1 s T. WORTH, TX EXHIBIT A Premises [follows this page] t EGAL DESCRIPTION BEiNG a tract of land situated in the W. D. Conner Survey, Abstract 288, in the City of fort Worth, Tarrant County, Texas, and more particularly being a portion of three tracts of land described In deeds to the City of Fort Worth, recorded in Volume 940, Page 168, Volume 941, Page 17 and Volume 938, Page 424, Deed Records, Tarrant County, Texas (D.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows; COMMENCING at a 5/8 inch iron rod with cap stamped Transystems found at the northwest comer of a tract of land described In a deed to Tarrant County Water Control and improvement District Number One, recorded in Volume 4162, Page 393, D.R.T.C.T., at the intersection of the south right of -way line of Riverfront Drive (a variable width ROW) as described in a deed to the City of Fort Worth recorded in Volume 940, Page 158, D.R.T.C.T. and the east right of -way line of Rogers Road (a variable width ROW), THENCE North 82 degrees 27 minutes 48 seconds East, along the north line of said Tarrant County Water Control and Improvement District Number One tract and the said south R.O.W line of Riverfront Drive, a distance of 4.49 feet to a 5/8 inch iron rod with cap stamped Transystems set, being the Point of Beginning of the herein described tract, and further being the beginning of a non -tangent curve to the right with a radius of 596.23 feet, and whose chord bears North 07 degrees 11 minutes 34 seconds West, a distance of 16.08 feet, THENCE Northwesterly along said curve to the right through a central angle of 01 degrees 26 minutes 57 seconds, an arc distance of 15.08 feet, to a 518 inch iron rod with cap stamped Transystems set; iNENCE North 40 degrees 11 minufes 10 seconds Eas#, a distance of 13.$5 feet fo a 5/8 inch iron rod with cap stamped Transystems set, THENCE North 86 degrees 21 minutes 36 seconds East, a distance of 358.98 feet to a 5/8 inch iron rod with cap stamped Transystems set on the south R.O.W. line of said Riverfront Drive same being the south line of City of Fort Worth Tract recorded in Volume 938, Page 424, D.R.T.C.T. and on the north line of said Tarrant County Water Control and Improvement District Number One tract, from which a 518 Inch iron rod with cap stamped Transystems found being the northeast corner of said Tarrant County Water Control and improvement District Number One tract bears North 82 degrees 27 minutes 48 seconds East, a distance of 150.92 feet; THENCE South 82 degrees 27 minufes 48 seconds West, along the south R.O.W. line of said Riverfront Drive same being the south line of City of fart Worth Tracts recorded in Volume 9401 Page 158, Volume 9411 Page 17 and Volume 938, Page 424, D.R.TC.T. and along the north line of said Tarrant County Water Control and Improvement District Number One tract, a distance of 368.49 feet to the POINT OF BEGINNING and containing 4,672 Square Feet or 0.105 Acre of Land. Note: Basis of bearing = NAD 83 Texas North Central done (4202). CfnP7O777,urs,•-RnsrfloWDnn uaadoc Pale 2 That 1, Kenneth D. Erwin, a l7egistered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in December 2008 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. ennelh D. Erwin Registration C'rR�09 031Tsuneo Ri�zrOaM 1Jnrc trzd doc ot~ rfi e�' :* ? A :ri l u. eRVIIN 5a54 SUfi�E r o 0ys , 1 wd + DELTA" V 26' 57' (RT) ? R= 598.23 L= MOB CO=N7'tt'34'W LC= 15,03 n a cawou �/ LOT 1, BLOCK A s3'ru.s•crosr A, r CAR COLONPC*111190 I got Pdt.f.C•7. 'rr r rr r / rr .woot I •- �w•420i4�G 1178 0 Rd•C•L LOT 3 LOT 2 I 1 LOT tAS BLOCK 1 S CASs A RY PLAZA AOOtItON It L T 2& 3, CLOCK t CJE• A. t 4-3 V UYERSr1Y PUMA ADDfDON I PRT.CT. R VOL 308-5t PO. 70 P.R.T. LOT It 0por ODLOWUL C�yK{ I C.T. I J CAB. A, P0. 12190 r { •r• J P•R.T.C,T. i twor i ..+YC,i i*0 ._I � • CITY or TORT WORTH '~• ~ '~ _ Ai YOL. 938. PC. 424 �U+Wamt� r r `' �' iF e ".i "I I DJLT.C,T, Y eF FORT WORTH RNmM4T ORNE CITY OF FORT WORTH Aw m V •• 940. F0. 135 YOI. 941, P0. 17 oR*cr •• I.T.C.T. (YNiUBLE'MDTHR.O.W. �OA.T.C.T. ty59Y .••.•� M} � it i iF � iry�r(oH 8� Yto 364 E. r r 3 44 Wt sd 4.701 9D FT. / r 8 2• 4• H 87 1T T I I I I a rll*— h o.tos rG I I II A �-, tl I v3+vm� i 8 i I a w� 4,49' t5� E TARRA}T7 COUH7tY�WATER CONTROL 1= I $ +~i, N B7 27 VOL*ANO 4167E 39J SFRICr NUMBER 04E jig DA.T•C,T. I Y3 I I $lk j , al I it r�a�vesEt M . S Ty. 49 S 66 0 DI+RDiR49stdi 61 fA S TR 4)4, 6544• br a7 �6 y..�'••~ i xsVt.[Y ? /2•N 5)$0. yg td ;8 N S f••� M1.f ! N db dp. 12. k S 1t yS y.• y• �. S •f \ tGL 15 �• O.RT.CT t:OTEt0A5J5 � BEARING = N4D 03 TEXAS NORiN C£NIRAt 1U6� 142021, � ,� Systems i 530 V• 7TH ST„ SUITE 1190 FORT WORTH, TEXAS 76102 817-335-8950 FAX 817-336.2247 15 ago i��o9. N •' .r' CRY OF FORT WORTH YOL, 923, P0. 604 OA.T,C.T. 100 50 a 10b f' • too, GRAPHIC SCALE IN FEET SHEET TITLE PROJECT PORTION OF RIUERFROtJT ORIYE RIVERFRONT QRIYE � RQGERS ROAQ PAGE: 3 OF 3