HomeMy WebLinkAboutContract 43509 SECRETARY c� � �Cl
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§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
This Temporary ingress and Egress/Construction Agreement (this "Agreement") is
entered into between the city of Fort worth, Texas, a municipal corporation of Tarrant
County Texas ("GRANTOR") and Mas-Tek Engineering & Associates, Inc, ("GRANTEE").
For and in consideration of ether goods and valuable consideration, the sufficiency of
which is hereby acknowledged,, and in consideration of the covenants contained herein,
GRANTOR and GRANTEE agree as follows.-
1 Subject to the terms of this Agreement; GRANTOR hereby grants and conveys to
the GRANTEE a Temporary Ingress and Egress/ construction Agreement (the
"Agreement"') onto Oakland Lake Park (VThe Park") described in the attached
Exhibit "A" hereinafter referred to as the ""Property':. This grant and conveyance
is made subject to all matters of record affecting the Property.
Z The term of this Agreement shall be for thirty PO) days upon the execution of this
Agreement.
3. The Agreement shall only be used for the purpose of performing soil test boring
adjacent to the Ederville Road right-of-way (ROW) for a proposed 42-inch storm
drain to be located through a portion of Oakland Lake Park,
4. GRANTEE shall have free and uninhibited access across, through and over the
Property for the purpose as described in Section 3 above. GRANTOR
acknowledges and agrees that GRANTEE's Agreement shall be with equipment
and employees or contractors. The Agreement shall include the right of Grantee
and its employees, agents, representatives or contractors to Agreement the
aforementioned Property for the purposes stated herein.
5. GRANTEE shall minimize disturbance to the surface or subsurface of the
Property and surrounding property. Any disturbance done to the park shall be
reported to the Parks and Community Services Department (PAACSD) for
Ci assessment. Restoration of disturbed area(s) shall be restored to the condition
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.. existing prior to the change or damage and the area shall be maintained and
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watered until such areas are inspected and accepted by the PAGED.
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ti 6. There shall be no equipment on park property within 48 hours of a rain event.
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The Grantor should be contacted to ensure the grounds of park are suitable for
performing work outlined within the agreement.
7. The Agreement is not assignable by the GRANTEE without the prior written
consent of GRANTOR, which shall not be unreasonably withheld,
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8. GRANTEE shall, at its own cost and expense comply with all applicable laws,
including but not limited to existing zoning ordinances, governmental 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.
9. GRANTOR shall not be !Iabie to GRANTEE for any damage or theft of
GRANTEE'S equipment. facilitiles or other contents, except, when 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 Agreement shall be solely for the benefit of the
parties thereto.
10. It is agreed that this grant covers all the 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 Agreement.
1 1 . In this regard. GRANTEE covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the GRANTOR, its officers,
agents and employees: frorn and against any and all claims, suits or causes of
action of any nature whatsoever, whether real or asserted, brOLIght for or on
account of any injuries or darnages to persons or property, including death,
resulting from, or in any way connected with; the grant of the Agreements
whether or not caused in art. b the negl�cence of officers, agnts: or
employees, of the GRANTOR: provided however, that the Grantee shall have no
liability or obligation to indemnify, hold harmless or defend with respect to any
injury or damage to persons or property resulting from the sole negligence of
officers, agents or employees of the GRANTOR.
TO HAVE AND TO HOLD the above-described temporary Agreement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and
GRANTEE's successors and assigns for so long as the right and Agreement herein granted,
and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever
defend all and singular the Agreement unto GRANTEE, its successor and assigns, against
every person whomsoever lawfully claiming or to claim the same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
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Engineering & -
has-�`ek En GRANTOR:g g Associates, Inc. City of Fort Worth
'lark l Fa row, P.E.
S San AJanis, Assistant City Manager
Senior Principal
APPROVED AS TO FORM AND LEGALITY
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ACKNOWLEDGEMENT
STATE OF TEXAS § 1
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COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared 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 U 503-\ A I a-;q
and that he/she executed the same as the act of said
CA's for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SE AL OF OFFICE this day of
('I USA- 20
�Y1
Notary Public in and for the State of Texas
LINDA M.11RHUNGER
COMMISSION. . DN EXPIRES
: ' FObMWZ 2014
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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___AA o
,ir IL Pcxrro known to
me to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to rye that the same was the act of �- , FA rro�
and that he/she executed the same as the act of said
s_Aox �' �_ _ for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this y
da of
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Notary Public in and for the State of Texas
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