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Home My WebLink AboutContract 41682 (2)STATE OF TEXAS COUNTY OF TARRANT ; °p' SECRETARY CONTRACTNO.t_ § KNOW ALL MEN BY THESE PRESENTS 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 TranSystems Corporation Consultants, Inc., ("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 (the "Access") onto Gateway ("The 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 Access shall be for thirty (30) days upon the execution of this Agreement. 3. The Access shall only be used for the purpose of ingress and egress and surveying to be located on a portion of the Park. 4. GRANTEE shall have free and uninhibited access across, through and over the P roperty for the purpose as described in Section 3 above. GRANTOR acknowledges and agrees that GRANTEE's access shall be with equipment and employees or contractors. The Access shall include the right of Grantee and its employees, agents, representatives or contractors to access the aforementioned P roperty for the purposes stated herein. 5. GRANTEE shall minimize disturbance to the surface or subsurface of the P roperty and surrounding property. Any disturbance done to the park shall be reported to the Parks and Community Services Department (PAACSD) for assessment. Restoration of disturbed area(s) shall be restored to the condition existing prior to the change or damage and the area shall be maintained and watered until such areas are inspected and accepted by the PACSD. 6. =There shall be no equipment on park property within 48 hours of a rain event. The Grantor should be contacted to ensure the grounds of park are suitable for performing work outlined within the agreement. CITY SI K rtikt F WORTH, TX • 7. The Access is not assignable by the GRANTEE without the prior written consent of GRANTOR, which shall not be unreasonably withheld. 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 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 u nderstood 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 n o representation or statements, verbal or written, have been made modifying adding to, or changing the terms of this Agreement. 11. 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 access, whether or n ot 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 access 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 access herein granted; and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the access 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. GRANTEE: Raul Pena II , Senior Vice Pres otEy *,7 0000000k ik A 1 ,g. a a CS 0 % :?_9c)o ea so toc,,--) OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX u lt•.- GRANTOR: City of Fort Worth rsa Alanis, Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Attested by: M Marty liendrix9 CttySecretary lit if ACKNOWLDGEMENT 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, Raul Pena III, 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 /��tiSatj� c and that he/she executed the same as the act of said /..'.Jt )-Se `ZStea--"?C for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this De9 day of • • ♦ • • • • • • ♦ • ♦ ♦ \ \ \ \ \ \ \ \ \ \ \ \ \ N. \ \ \ \ \ \ \ \ `l\ \ \ \ �•ii• aai•� s••'� Y�po.:; :TERRI A. SMITH ' s !*i NOTARY PUBLIC STATE OF TEXAS t N �� \ •: coj calif:mission EXPIRES: ....... '—►YYYYYlYY\Y4 . \ \ \ \ \ \ \ \ \ \ s \ \ \ Ike .7• • \ \ . \ \ V Notary Public in and for the State of Texas 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 blday of 20Th. taffninfatalstaaalballierliali • '1 vie • • y i • e�1 I• CP• iY� , F LINDA M. HIFIRLINIGER MY COMMISSION EXPIRES February 2, 2014 t • ■r 1 • . • m ()ant Notary Public in and for the State of Texas ---AnanGaIveznAve Dog Par P&inti r 32'145'25,49P N 97°16'46.30" W elev 513 ft • Gateway: Park me.1 Data'SIO, NOAA, U.S.Navy, NGA, GEBCO C 201C1 Cecile Streaming lillllllll 100% o oaoo' a[uj.0000a �. 02007 E e alt 6141 it aucik r•r'i • Limits of Survey