HomeMy WebLinkAboutContract 46746 Cir SECRE AW
CWRACT NO.-__Lk
TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
MYCOSKIE MCINNIS ASSOCIATES,INC. FOR MARINE CREEK RANCH PARK
This Temporary License Agreement ("Agreement") is entered into on this I J+k of
0 (Nr-- , 2015 ("Effective Date") by and between the City of Fort Worth, Texas, a home-
rule municipal corporation of the State of Texas ("City"), and Mycoskie McInnis Associates, Inc.,
a Texas corporation("Company").
WHEREAS, the City owns a certain piece of property known as Marine Creek Ranch
Park, located at 5111 Cromwell Marine Creek Road, Fort Worth, Texas ("Park");
WHEREAS, Company desires to use a portion of the Park to perform surveying; and
WHEREAS, the City has reviewed the Company's request and agrees to grant the
Company use of a portion of the Park in accordance with the terms and conditions of this
Agreement.
For and in consideration of Ten Dollars and No Cents($10.00)and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, and in consideration of the
covenants contained herein, City and Company agree as follows:
1. License and Purpose. City hereby grants to the Company a non-exclusive license to use a
portion of the Park as depicted in Exhibit A, attached hereto and incorporated herein,
m ("Licensed Premises") for the purpose of surveying and for no other purpose.
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m 2. Term. The term of this Agreement shall be for thirty (30) consecutive days, beginning on
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M the Effective Date.
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C= 3. Termination. The City may terminate this Agreement, without cause, upon five (5) days
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o written notice to the Company or immediately upon a breach of this Agreement by the
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o Company.
4. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly
non-exclusive. The City reserves the right to enter into and grant other and future licenses,
leases, and other authorizations for use of the Park and Licensed Premises to other persons
and entities as the City deems appropriate in accordance with applicable law; provided,
however, that in granting subsequent authorization for use, the City will not allow a use
that will unreasonably interfere with the Company's use of the Licensed Premises as
provided herein. This Agreement does not establish any priority for the use of the Licensed
Premises by Company or by any present or future licensees or othe r Inth
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event of any dispute as to the priority of use of the Licensed Pre M&WWATAt
Temporary License Agreement with Mycoskie McInnis Associates,Inc. FT.WORTH,TX
shall be to the public generally, the second priority to the City in the performance of its
various functions, and thereafter, as between licensees and other permit holders, as
determined by the City in the exercise of its powers, including the police power and other
powers reserved to and conferred on it by the State of Texas.
5. Liability. Company covenants and agrees to release City, its officers, agents,
representatives, servants, and employees, from and against any and all claims or suits for
property damage, personal injury, or any other type of loss or adverse consequence related
in any way to the existence of this Agreement or the use and occupancy of the Park, unless
such act or omission complained of is the result of the gross negligence or willful
misconduct of City. Furthermore, City shall not be liable to Company for any damage or
theft of Company's equipment, facilities, or other contents, except when caused by the
willful misconduct of City, its agents, servants or employees.
6. Restoration of the Park. Company further agrees that, if during the course of the exercise
of its rights under this Agreement, damages result to the Park or City's park facilities,
Company shall repair or restore same as near as possible to their pre-existing condition
within thirty(30) calendar days, unless otherwise agreed to by the parties in writing.
7. INDEMNIFICATION. COMPANY COVENANTS AND AGREES TO, AND BY
THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS
AND DEFEND THE CITY,ITS OFFICERS,AGENTS REPRESENTATIVES,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 INJURIES OR
DAMAGES TO PERSONS OR PROPERTY, INCLUDING, BUT NOT LIMITED
TO,DEATH,RESULTING FROM,OR IN ANY WAY CONNECTED WITH,THIS
AGREEMENT OR THE COMPANY USE AND OCCUPANCY OF THE PARK,
WHETHER OR NOT CAUSED, IN PART, BY THE NEGLIGENCE OF
OFFICERS, AGENTS, OR EMPLOYEES, OF THE CITY; PROVIDED
HOWEVER, THAT THE COMPANY 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 GROSS NEGLIGENCE OF OFFICERS, AGENTS OR
EMPLOYEES OF THE CITY.
Temporary License Agreement with Mycoskie McInnis Associates,Inc. 2 of 7
8. Limitation on Use. There shall be no equipment on the Licensed Premises within 48 hours
of a rain event. The Company shall not bring any heavy equipment onto the Park,
including, but not limited to, vehicles (except for areas designated for vehicles such as
parking lots).
9. Compliance with Laws. Company 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 Company's use thereof.
10. Notice. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agent,
employee, servant, or representative, or (ii) received by the other party by reliable
overnight courier or United States Mail, postage prepaid, return receipt requested, at the
address stated below or to such other address as one party may from time to time notify the
other in writing.
To THE CITY: To COMPANY:
Director Attn: Roger McInnis
Parks and Community Services Mycoskie McInnis Associates, Inc.
City of Fort Worth 200 East Abram Street
4200 South Freeway, Ste 2200 Arlington, TX 76010
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
11. Public Safety. Company shall be solely responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the Company's use of
the Park.
Temporary License Agreement with Mycoskie McInnis Associates,Inc. 3 of 7
12. Hazardous Materials. Under no circumstances will the Company use or cause to be used
on the Park any hazardous or toxic substances or materials, or intentionally or knowingly
store or dispose of any such substances or materials on the Park.
13. Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations
under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances;
acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health
crises;earthquakes; fires;floods;restraints or prohibitions by any court,board,department,
commission, or agency of the United States or of any state; declaration of a state of disaster
or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the
United States Department of Homeland Security or any equivalent alert system that may
be instituted by any agency of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers,parks, or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit.
14. Choice of Law:Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas. 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.
15. BindingEffect.ffect. The terms and provisions of this Agreement shall inure to the benefit of
and be binding upon City and Company and their respective successors and assigns and
shall be covenants running with the land.
16. Entire Agreement. This Agreement contains all of the agreements between the parties
respecting the subject matter hereof, and no prior representations or statements, verbal or
written, have been made modifying, adding to, or changing the terms of this instrument.
17. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign
or governmental immunity of City or Company.
Temporary License Agreement with Mycoskie McInnis Associates,Inc. 4 of 7
18. Assi nment. This Agreement, in whole or in part, is not assignable by either party,without
the express written consent of the other party. Any attempt to assign this Agreement
without the required consent is void and without force and effect.
By executing this Agreement, Company agrees to and accepts the terms, conditions and
provision contained herein.
CITY OF FORT WORTH: MYCO74o,.,,11-
MCINNIS ASSOCIATES,INC.
By: ti9 By;
Sus n Alanis ger cInnis
,AssAtant City Manager Vice President
Date: 6 � cS I t '�- Date: s- ��y
APPROVED AS TO FORM
AND LEGALITY-
Tyler/,Wallach
EGALITY-
Tylerallach
Assistant City Attorney *ORr
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ATTESTEOo 0
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City Secr °°°°°°°
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Contract Authorization:
No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Temporary License Agreement with Mycoskie McInnis Associates,Inc. 5 of 7
STATE OF TEXAS
*
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this day of
`SAD-, , 2015, by �5�2Sau. AJan K of The
City of Fort Worth, a home rule municipality, on behalf of said municipality.
44,1�- M .AlaLLck
Notary Public, State of Texas .
Printed Name:L 6)&o- fn 1-v L h[�►Ci►'
,;�N°'"'� LINDA M.HIRRLINGER
_• *= MY COMMISSION EXPIRES My Commission Expires: a, 9--ul
February 2,2018
VMS MOWN
STATE OF TEXAS
*
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this 2 0 day of
ry)PM , 2015, by Roger McInnis, Vice president of Mycoskie McInnis Associates, Inc, a
Texas corporation on behalf of said Company.
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YULIEN HAWKINS Notary P to of Texas
''Q '•= W COMMISSION EXPIRES Printed e: y L N �1 A'L0 K 1 I�S
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„aFP` JULY 30, 2019 My Co ssion Expires: n-30'( J
Temporary License Agreement with Mycoskie McInnis Associates,Inc. 6 of 7
Exhibit A
Licensed Premises
Temporary License Agreement with Mycoskie McInnis Associates,Inc. 7 of 7
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