HomeMy WebLinkAboutContract 39895CITY SECRETARY
STATE OF TEXAS CONTRACT NO.
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT f
This Temporary Ingress and Egress/Construction Easement Agreement (this
"Agreement") is entered into between the City of Fort Worth, Texas, a
municipal corporation of Tarrant County Texas ("GRANTOR") and Enterprise
Texas Pipeline LLC (GRANTEE").
For and in consideration of other 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 Easement (the
"Easement") onto Mallard Cove (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.
2. The term of this Easement shall be for thirty (30) days upon the execution of this
Agreement.
3. The Easement shall only be used for the purpose of performing Archeological
Surveying to be located through a portion of Mallard Cove (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 access shall be with vehicles,
equipment and employees or contractors. All vehicular access shall be limited to
all paved or gravel surfaced roads. The Agreement shall include the right of
Grantee and its employees, agents, representatives or contractors to access the
aforementioned Property for the purposes stated herein.
5. There will be no disturbance of park property. Any disturbance to the park shall
be restored to its original condition; as it was immediately prior to accessing the
Property under this Agreement.
6. The Easement is not assignable by the GRANTEE without the prior written
consent of GRANTOR, which shall not be unreasonably withheld.
7. 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
OFFICIAL. RECORC
CITY SECRETARY
governmental entities for the correction, prevention and abatement of nuisances
in or upon or connected with said premises because of GRANTEE's use thereof.
8. GRANTOR shall not be liable to GRANTEE for any damage or theft of
GRANTEE'S equipment, facilities 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.
9. 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.
10. GRANTEE shall, at its own cost and expense comply with all applicable laws,
including but not limited to exiting 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 authorities for the correction, prevention and abatement of
nuisances in or upon or connected with said premises because of GRANTEE's
use thereof.
11. 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.
12. 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, 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 death,
resulting from, or in any way connected with, the grant of the easement or
operation and maintenance of the temporary facilities, whether or not caused, in
Part, by the negligence of officers, agents, 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 easement, 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 easement herein granted; and
GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend
all and singular the Easement 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.
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Charles
W. Daniels, 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
MARIA S. SANCHFZ
MY COMMISSION EXPIRES
December 14, 2013
�� day of
Notary Public in and for the
f Texas
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