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HomeMy WebLinkAboutContract 42993CITY SECWARY CONTRACT No. _q GI 3 TEMPORARY ACCESS LICENSE AGREEMENT This Temporary Access License Agreement (the "License ") is made and entered into between the City of Fort Worth, a home -rule municipal corporation of the State of Texas ( "GRANTOR "), acting by and through its duly authorized Assistant City Manager, and J. Caldwell Custom Pools, Inc., a Texas Corporation ( "GRANTEE "), acting by and through its duly authorized President. For certain good and valuable consideration, the sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, GRANTOR and GRANTEE agree as follows: Subject to the terms of this License, GRANTOR hereby grants and conveys to the GRANTEE a license to access the area known as Forest Park Pool (the "Premises "), consisting of approximately 4.10 acres out of Tract 1 of the San Antonio and Mexican Gulf Railroad Company Survey A -1481, and being a portion of the 181.9099 acre piece of parkland known as Forest Park (the "Park "), 1500 Colonial Parkway, Fort Worth, Texas 76110. 2. This License shall be for sole purpose of conducting inspection, testing, and study to assess the current condition of the pool, mechanical support systems, and associated infrastructure. 3. This License is granted and made subject to all matters of record affecting the Premises. 4. The term of this License shall be for a period of thirty (30) days from the date of final execution. 5. Consideration for the granting of this License is non - monetary in nature and consists of the GRANTOR having the benefit of GRANTEE's professional assessment of property owned by the GRANTOR. Within thirty (30) days of the end of the term of this License, GRANTEE shall provide GRANTOR with details of its assessment. GRANTOR and GRANTEE shall determine a mutually agreed format for the presentation of this information, which may consist of a written executive summary, oral staff briefing, or other mutually acceptable alternative. 6. GRANTEE shall, subject to the terms and conditions expressed herein, have free and uninhibited access across, through, and over the Premises for the purpose as described in Section 2 above. GRANTOR acknowledge shat GRANTEE's access shall, subject to the terms and condition Bpi *�RD be with equipment, employees or contractors, and vehicles wei =l�ipg� aannY two- and - one -half tons fully loaded. The License shall i lu e t >FT: NORTH, TX GRANTEE and its employees, agents, representatives, or contractors to access the aforementioned Premises for the purposes stated herein. 7. GRANTEE shall ensure that the access gates in the perimeter fencing around the pool are kept locked when not in use to deter unauthorized individuals from accessing the Premises. 8. GRANTEE shall minimize disturbance to the surface or subsurface of the Premises and surrounding land. Any disturbance done to the Park shall be reported to the Parks and Community Services Department (PACSD) for assessment. Disturbed area(s) shall be restored to a condition that is at least as good as the one in which such Premises existed prior to the disturbance. 9. There shall be no equipment on Park property within 48 hours after a rain event unless specifically approved by the Director of GRANTOR's Parks and Community Services Department. GRANTEE shall contact GRANTOR to ensure the grounds of the Park are suitable for performing work outlined within the License. If use following a rain event should disturb the Park or Premises, GRANTEE shall restore such disturbed areas in accordance with the requirements of Section 8. 10. The License is not assignable by the GRANTEE without the prior written consent of GRANTOR, which shall not be unreasonably withheld. 11. GRANTEE shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances and rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental entities for the correction, prevention, and abatement of nuisances in or upon or connected with said premises because of GRANTEE's use thereof. 12. GRANTOR shall not be liable to GRANTEE for any damage or theft of equipment, facilities or other contents owned by GRANTEE, its agents, servants, employees, or contractors, unless caused by the willful misconduct of GRANTOR, its agents, servants, or employees. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties but that this License shall be solely for the benefit of the parties thereto. 13. GRANTEE covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless, and defend GRANTOR, its officers, agents, and employees from and against any and all claims, suits, or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injury to person (including death) or damage to property resulting from, or in any way connected with, the grant of the License or GRANTEE's activities conducted hereunder GRANTEE's liability shall not extend to any injury or damage resulting from the sole negligence of GRANTOR, its fficers, a ents, employees, or separate contractors. OFFICIAL RECORD 14. When the context requires, singular nouns and pro FT. WORTH, TX 15. It is agreed that this instrument contains all agreements between the parties and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this License. GRANTEE: J Caldwell, President Date GRANTOR: Sits . Alanis, Assistant City Manager Date APPROVED AS TO FORM AND L " N( AssistaWCitv A GALITY No M &C Required T ST: ity Secretary OFFICIAL RECORD CITY SECRETARY FT WORTH, TX I ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John Caldwell, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of J. Caldwell Custom Pools, Inc. and that he /she executed the same as the act of said J. Caldwell Custom Pools, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Cymfda Hays Notary PubHo State of TOM Comm. F&--12t10 16 1 cj f day of Notary Public in and for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORM TX ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of V 1:/IO - -'20 l a-. Notary Public in and for the State of Texas l�r;�-- �...,.....� A M. NfRRLiNGE MY COMMISSION EXPIRES ,vt Febitrely Z 2014 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX i