HomeMy WebLinkAboutContract 42993 (2)CITY SECRttANY
CONTRACT NO. LOCI g 3
TEMPORARY ACCESS LICENSE AGREEMENT
This Temporary Access License Agreement (the "License") is made and entered into between
the City of Fort Worth, a home -rule municipal corporation of the State of Texas
("GRANTOR"), acting by and through its duly authorized Assistant City Manager, and J.
Caldwell Custom Pools, Inc., a Texas Corporation ("GRANTEE"), acting by and through its
duly authorized President.
For certain good 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 License, GRANTOR hereby grants and conveys to the
GRANTEE a license to access the area known as Forest Park Pool (the
"Premises"), consisting of approximately 4.10 acres out of Tract 1 of the San
Antonio and Mexican Gulf Railroad Company Survey A-1481, and being a
portion of the 181.9099 acre piece of parkland known as Forest Park (the "Park"),
1500 Colonial Parkway, Fort Worth, Texas 76110.
2. This License shall be for sole purpose of conducting inspection, testing, and study
to assess the current condition of the pool, mechanical support systems, and
associated infrastructure.
3. This License is granted and made subject to all matters of record affecting the
Premises.
4. The term of this License shall be for a period of thirty (30) days from the date of
final execution.
5. Consideration for the granting of this License is non -monetary in nature and
consists of the GRANTOR having the benefit of GRANTEE's professional
assessment of property owned by the GRANTOR. Within thirty (30) days of the
end of the term of this License, GRANTEE shall provide GRANTOR with details
of its assessment. GRANTOR and GRANTEE shall determine a mutually agreed
format for the presentation of this information, which may consist of a written
executive summary, oral staff briefing, or other mutually acceptable alternative.
6. GRANTEE shall, subject to the terms and conditions expressed herein, have free
and uninhibited access across, through, and over the Premises for the purpose as
described in Section 2 above. GRANTOR acknowledgey�--::n— that,
GRANTEE's access shall, subject to the terms and conditions ,ra
be with equipment, employees or contractors, and vehicles weiFore tan
two -and -one-half tons fully loaded. The License shall inclu
GRANTEE and its employees, agents, representatives, or contractors to access the
aforementioned Premises for the purposes stated herein.
7. GRANTEE shall ensure that the access gates in the perimeter fencing around the
pool are kept locked when not in use to deter unauthorized individuals from
accessing the Premises.
8. GRANTEE shall minimize disturbance to the surface or subsurface of the
Premises and surrounding land. Any disturbance done to the Park shall be
reported to the Parks and Community Services Department (PACSD) for
assessment. Disturbed area(s) shall be restored to a condition that is at least as
good as the one in which such Premises existed prior to the disturbance.
9. There shall be no equipment on Park property within 48 hours after a rain
event unless specifically approved by the Director of GRANTOR's Parks and
Community Services Department. GRANTEE shall contact GRANTOR to
ensure the grounds of the Park are suitable for performing work outlined within
the License. If use following a rain event should disturb the Park or Premises,
GRANTEE shall restore such disturbed areas in accordance with the requirements
of Section 8.
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10. The License is not assignable by the GRANTEE without the prior written consent
of GRANTOR, which shall not be unreasonably withheld.
11. GRANTEE shall, at its own cost and expense comply with all applicable laws,
including but not limited to existing zoning ordinances and 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.
12. GRANTOR shall not be liable to GRANTEE for any damage or theft of
equipment, facilities or other contents owned by GRANTEE, its agents, servants,
employees, or contractors, unless 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 License shall be solely for the benefit of the parties thereto.
13. GRANTEE covenants and agrees to, and by these presents does hereby, fully
indemnify, hold harmless, and defend 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
injury to person (including death) or damage to property resulting from, or in any
way connected with, the grant of the License or GRANTEE's activities conducted
hereunder GRANTEE's liability shall not extend to any injury or damage
resulting from the sole negligence of GRANTOR, its officers, agents, employees,
or separate contractors.
OFFICIAL RECORD;
14. When the context requires, singular nouns and pronoYAW Ottitinif
15. It is agreed that this instrument contains all 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 License.
GRANTEE:
Caldwell, President
44 %Viet -
Date
GRANTOR:
Susan%Alanis, Assistant City Manager
Date
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APPROVED AS TO
FORM AND LEGALITY
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Assistaht'City �rney
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OFFICIAL RECORD
Cilrir SECRETARY
I EATWORTS 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 John Caldwell, 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
J. Caldwell Custom Pools, Inc. and that he/she executed the same as the act of said J. Caldwell
Custom Pools, Inc. for the purposes and consideration therein expressed and in the capacity
therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19 day of
M D-CcAn , 20(1.
Cynthia Hays
Notary Public
State of Texas
My Comm. Exp.12/10/2015
Notary Public in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
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
Vinci A (i)i , 20
,ono. vr\
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day of
Notary Public in and for the State of Texas
u
LINDA M. HIRRLINGER
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MY COMMISSION EXPIRES
n''*, , `� atriruary 2, 2014
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OFFICIAL RECORD
CIry SECRETARY
FT. WORmi, TX