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Home My WebLink AboutContract 57054 CSC No. 57054 MUTUAL PARKING LICENSE AGREEMENT This Mutual Parking License Agreement (this "Agreement") is made and entered into as of the 2711 day of January , 2022, by and between Antioch Community Church Fort Worth, a domestic non-profit corporation ("Antioch"), and THE CITY OF FORT WORTH, TEXAS, a home rule municipal corporation organized under the laws of the State of Texas ("City"). RECITALS A. Antioch owns a certain parcel of land at 5023 Trail Lake Drive, Fort Worth, Texas 76133,which includes a parking lot (the "Antioch Property"). B. City desires to use and occupy a portion of the parking spaces within the Antioch Property, as indicated on the depiction attached hereto as Exhibit A(the"City Parking Spaces"). C. Antioch is willing to allow City to use and occupy the City Parking Spaces for the License Period, in accordance with the terms and subject to the conditions set forth in this Agreement. D. City owns certain parcels of land at 3741 SW Loop 820, Fort Worth, Texas 76133 and the Wedgewood Public Library at 3816 Kimberly Ln, Fort Worth, TX 76133; both of which include parking lots (the "City Property"). E. Antioch desires to use and occupy a portion of the parking spaces within the City Property, as indicated on the depiction attached hereto as Exhibit B (the "Antioch Parking Spaces"). F. City is willing to allow Antioch to use and occupy the Antioch Parking Spaces for the License Period, in accordance with the terms and subject to the conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and obligations contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Antioch and City hereby agree as follows: 1. Recitals. The Recitals above are hereby incorporated by this reference as if restated herein in their entirety. 2. Grant of License. (a) Antioch hereby grants to City a non-exclusive license to use the City Parking Spaces at all times during the entirety of the Term, excluding Sunday mornings between 8:00 a.m. and 1:00 p.m., for the parking of passenger motor vehicles and for ingress and egress of passenger motor Mutual Parking License Agreement between the City of Fort Worth and OFFICIAL RECORD Antioch Community Church CITY SECRETARY - 1 - FT. WORTH, TX vehicles and pedestrians to and from the City Parking Spaces only. City and City's employees and guests shall comply with the reasonable rules and regulations, if developed or updated by Antioch,concerning parking issued by Antioch from time to time that are generally applicable to tenants of the Antioch Property. If such rules and regulations are adopted by Antioch,the City will not be subject to such rules and regulations until the beginning of the second month from the date the City is notified via written correspondence per section 21 below of the new or updated rules and regulations. (b) City hereby grants to Antioch a non-exclusive license to use the Antioch Parking Spaces during the License Period, on Sunday morning between 8:00 a.m. and 1:00 p.m. and evenings between 6:00 p.m. and midnight, for parking of passenger motor vehicles and for ingress and egress of passenger motor vehicles and pedestrians to and from the Antioch Parking Spaces. Antioch and Antioch's employees and guests shall comply with the reasonable rules and regulations, if developed or updated by City, concerning parking issued by City from time to time that are generally applicable to tenants of the City Property. If such rules and regulations are adopted,Antioch will not be subject to such rules and regulations until the beginning of the second month from the date Antioch is notified via written correspondence per Section 21 below of the new or updated City rules and regulations. 3. Term. Subject to the earlier termination as hereinafter set forth,this Agreement shall commence on January 27 , 2022 and expires on February 28, 2022. Upon expiration, this Agreement shall continue on a month to month basis until terminated by either party by providing thirty (30) days written notice. 4. Consideration. Antioch and City expressly agree and stipulate that this License is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties and that, as a condition precedent to executing this License the consideration is valuable and sufficient and that neither party shall be able to assert otherwise in the event of litigation.Nothing herein shall constitute an obligation of either party's funds. 5. License Only. This Agreement does not constitute a lease, create any type of tenancy, or in any way encumber the Antioch Property or the City Property, but is merely a contractual license for temporary use and occupancy. Antioch and City acknowledge and agree that neither party will record this Agreement or any notice thereof and that any attempt to do so shall immediately void this License Agreement. 6. Return of the Parking Spaces. (a) At the termination of Agreement, City shall surrender the City Parking Spaces, leaving the City Parking Spaces in the same condition as when Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -2- occupied hereunder, reasonable wear and tear and damage by casualty excepted. (b) At the termination of Agreement, Antioch shall surrender the Antioch Parking Spaces, leaving the Antioch Parking Spaces in the same condition as when occupied hereunder, reasonable wear and tear and damage by casualty excepted. 7. Condition of Parking Spaces. (a) City acknowledges that (i) it has physically inspected the City Parking Spaces and that it accepts the City Parking Spaces in its "as-is" condition, and(ii)Antioch has made no representations to it regarding the City Parking Spaces and City is not relying on same. (b) Antioch acknowledges that (i) it has physically inspected the Antioch Parking Spaces and that it accepts the Antioch Parking Spaces in its"as-is" condition, and (ii) City has made no representations to it regarding the Antioch Parking Spaces and Antioch is not relying on same. S. Repairs and Maintenance. (a) Antioch has no obligation to make repairs of any sort to the City Parking Spaces. Antioch's sole obligation hereunder is to make the City Parking Spaces available to City in accordance with the terms set forth herein; provided however that Antioch shall maintain the City Parking Spaces during the License Period as currently maintained. (b) City has no obligation to make repairs of any sort to the Antioch Parking Spaces. City's sole obligation hereunder is to make the Antioch Parking Spaces available to Antioch in accordance with the terms set forth herein; provided however that City shall maintain the Antioch Parking Spaces during the License Period as currently maintained. 9. Reservation of Rights by Antioch and City. (a) Antioch,its successors,grantees,invitees and assigns,reserve the right from time to time to grant additional ingress, egress and utility licenses and easements over,upon and under the City Parking Spaces,provided that such licenses or easements do not interfere with City's use of the City Parking Spaces pursuant to the terms hereof. (b) City, its successors, grantees, invitees and assigns, reserve the right from time to time to grant additional ingress, egress and utility licenses and easements over, upon and under the Antioch Parking Spaces, provided that Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -3 - such licenses or easements do not interfere with Antioch's use of the Antioch Parking Spaces pursuant to the terms hereof. 10. Insurance. Each party may insure its respective Property. Such insurance may provide protection for liability, fire and casualty, and property damage for the Property owned by that party, situated at, and including, the Parking Spaces owned by that party. The other party assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred during the course of insuring the Property shall be borne solely by the party owning the Property. City is a self-ensured entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which City would ultimately be found liable would be paid directly and primarily by City and not by a commercial insurance company. 11. No Transfer by Party Receiving License. Neither parry shall not transfer any of its rights hereunder without the prior written consent of the party granting the license. Any such assignment made without the prior written consent of the party granting the license shall be null and void and of no force or effect and shall entitle the parry granting the license to terminate this Agreement. 12. Waiver of Subrogation. No party shall have any right or claim against the parties hereto or their respective partners, successors, assignees, affiliated companies, officers, directors, employees, agents or affiliates for any injury to or death of any person or damage to or loss of property (whether caused by the negligence of either party or the condition of the Parking Spaces or any part thereof) by way of subrogation or assignment, both parties hereby waiving and relinquishing any such right. To the extent either party chooses to insure its vehicles and/or property located in such vehicles, that party shall cause its insurance carrier to waive its rights of subrogation or assignment in favor of the other party hereto, and shall provide that party with certificates providing for such waiver upon request. 13. Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its non-monetary obligations hereunder on account of strikes, riots, insurrections, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, epidemic or pandemic or any other cause which is beyond the reasonable control of such party. 14. Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed in accordance with the laws of the State of Texas. 15. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and be binding upon, Antioch, City and their respective heirs, personal representatives, successors and permitted assigns. 16. Counte arts. This Agreement may be executed in any number of original counterparts,which counterparts when considered together shall constitute a single, binding, valid and enforceable Agreement. Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -4- 17. Severabili . If any clause or provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the License Term,the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby unless such invalidity is, essential to the rights of both parties. in which event either party has the right, but not the obligation, to terminate the Agreement upon written notice to the other party. 18. Default. (a) City's Default. If City shall fail to perform or observe any of its obligations hereunder then Antioch may terminate this Agreement by giving City thirty (30) day written notice thereof, in which event this Agreement and all interest of City hereunder shall automatically terminate. Such rights of Antioch in the case of a default by City hereunder are not exclusive, but are cumulative of all other rights Antioch may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. (b) Antioch's Default. If Antioch shall fail to perform or observe any of its obligations hereunder then City may terminate this Agreement by giving Antioch thirty (30) day written notice thereof, in which event this Agreement and all interest of Antioch hereunder shall automatically terminate. Such rights of City in the case of a default by Antioch hereunder are not exclusive,but are cumulative of all other rights City may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. 19. Notice. Any notice hereunder must be in writing. Notice deposited in the United States mail,properly addressed, postage paid, shall be effective upon deposit.Notice given in any other manner herein shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall,unless changed with at least 10 days'notice to the other party, be as follows: If to Antioch: Antioch Community Church 5023 Trail Lake Drive Fort Worth, Texas 76017 Attn: Bryan Brush If to City: City of Fort Worth Lease Management Property Management Department 900 Monroe, Suite 400 Fort Worth, Texas 76102 Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -5 - With a copy to: City Attorney City of Fort Worth 200 Texas Street Fort Worth, TX 76102 20. Entire License. This Agreement constitutes the entire agreement between Antioch and City relating to the use of the City Parking Spaces and the Antioch Parking Spaces and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by both parties. [SIGNATURE PAGE FOLLOWS] Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -6- IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. THE CITY OF FORT WORTH,TEXAS, ANTIOCH COMMUNITY CHURCH a home rule municipal corporation FORT WORTH, a domestic non-profit organized under the laws of the corporation State of Texas '5�ae"- Z"O"0�4 By: Dana Burghd off(Jan 27,20 11:12 CST , Name: Dana Burghdoff By: Assistant City Manager Name: Gah Solt a! �t Title -rec re- Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting require�'wm//�ents. k B,, n(Jan 26,20 By: Name: Mark Brown Title: Lease Manager,Property Management Department Approved as to Form and Legality: By: c � Name: Thomas Royce Hansen Assistant City Attorney Attest: �� °FORT°�0 S �&&&da G 0.0 °o�•��d By: Jannette S.Goodall(Jan 31,2022 07:43 CST) 00. o 00 Y o ° Name: Jannette S. Goodall �� o°° ° °�T�d City Secretary ��a °°°°°°° ° a ��Ex9s�a Contract Authorization: M&C: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -7- Exhibit "A" ,rM � .AFL }rtER l 9. �r r f` a , rr. � .....� r IF ■ 4 � a i� ; f � i ■ ��i jw-*� Nf i ,� a e ' __--------- -- -- -- ------------gym ._-----__--_��..��.. n �4 ■ ANTIOCHCHURCH ct j ihili' Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -8- Exhibit"B" 3741 SW Loop 820 parking spaces ------------- • awe �� Any open parking spaces at this location--�-� 3741 S:N Loop 820 Fort+.forth Texas 76133 ■ . I F. f —�� —�� - �+ 4420 �►v �� go cK�'°�v s� � _. •' � fir � 46 db 3816 Kimberly Lane parking spaces r If 9 r VS�� t ? Any open parking spaces atthis location_ -- � Wedgewood Public Library 3816 Kimberly Lane j Fort VVcrth,Texas 76133 IL Uj 44,1 4 *. Mutual Parking License Agreement between the City of Fort Worth and Antioch Community Church -9-