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Home My WebLink AboutContract 43509 (2)STATE OF TEXAS COUNTY OF TARRANT N t GITY oNTRr+SECRETMY o I'� 0�� § KNOW ALL MEN BY THESE PRESENTS 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 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 Agreement (the 'Agreement") onto Oakland Lake Park (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 Agreement shall be for thirty (30) days upon the execuiian 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 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. 7. The Agreement is not assignable by the GRANTEE without the prior written consent of GRANTOR, which shall not be unreasonably withheld. GRANTEE shall, at its own cost and expense comply with all applicable laws, including hut 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. GRANTOR. shall not be liar:}le 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. 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. 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 acainst any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought tor or on account i f any injuries or damages to persons is or property rl IcIUUrr Ig death, resulting from, or in any way connected with, the grant of the Agreement, whether or not caused, in part, by the negligence of officers, agents, or employees, of the GRANTOR; arovided 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 gianted; 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. GRANTEE: Nlas-Tek Engineering & Associates, Inc. ,22_4„ Mark J. Fa row, P.E. Matte FArrot4)) Senior Principal Attested by: di Alit Je xay Secretary torafgrA .47 00000 Sr ?Zzblettitcy-ov. GRANTOR: City of Fort Worth Alanis, Assistant City Manager APPROVED AS TC) FORM AND LEGALITY • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 `ju5an 4lRit\s • 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 30 sai,-n1 Ala u and that he/she executed the same as the act of said *he MAT orrfie #\c Orrem for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A0 day of l i3L US:V ,20.a, Utz m Mkorgl Notary Public in and for the State of Texas LINDA M. HIRRUNGER %/v COMMISSION EXPIRES February 2 2014 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 AAart Farrow , 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 A 4riG Pak rro w and that he/she executed the same as the act of said leiPAptirant 4-ccecs lfralia°14-. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C3 ` day of 1 20172,1/4 `two/II t� 1.1 - • 40 en �� GO -�- • ft OF St �, 20 Z ,\\ 14' Notary Public in and for the State of Texas GG V ff 1IfIHXI