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HomeMy WebLinkAboutContract 44198 (2)CITV TcH`NRnro�u I 1 � STATE OF TEXAS S COUNTY OF TARRANT § 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 Henley -Johnston & 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 Z. Boaz 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 shalt be for thirty (30) days upon the execution of this Agreement. 3. The Agreement shall only be used forthe purpose of performing soil test boring adjacent to the proposed Entry Monument location for the Bomber sleights Art Exhibit in Z. Boaz 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 shalt 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 shalt 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 with. Lit the prior wrrtten consent of GRANTOR, which shall not be unreasonably wit ; -FICIAL RECORD - :: I i`' CITY SECRETARY FT. WORTH, TX GRANTEE shall, at its own coat and expanse comply with all applicable laws, incl'tiding but not limkod to existing zoning ordinances, governmental males 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 corm d wir.h said premises lacjclarwe of GRANTEE's u thereof. GRANTOR shall not be liable to GRANTEE fo GRANTLL'S equipment, facilities or other cont willful misconduct of GRANTOR, its agents, understood that it is not the intention of the patties hereto to create benefit . f third parties but that this Agreement shall be solely for the parties thereto. any damage opt, when caused b;: ervants or employees. It is lity for the fit of the 10. I-t is agreed that this grant covers all the ac reenaents between the I amiss and that no represen atrou or statements , verbal or written, have been made modifying, adding to, or changing the terries off this Agreen 11. In this regard, GRANTEE covenants and agrees to, and by these presents does hereby fully indemnify hold harmless and defend the GRANTOR, its officer:, agents and employees, from and against any and all claims, suits or cause: 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 Agreement, 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, hole, 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;--describecd temporary Agreement together with all and singular the rights and appurtenances thereto in anyway oelonging unto GRANTEE, and GRANTEE's successors and assigns for so long as the right and Agreement herein granted; 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: GRANTOR: City of Fort Worth 4t CSA}LS • tAA7) Su an Innis, Assistant City Manager AgentV APPROVED AS TOFORM AND LEGALITY President. Title of Approved agent Assistant City Attorney bY: Rbnald P. Go Secretary itetoriV11.1•40%, VC@ % ° 140 a°r0- es °a°000a°°° ���„itt� 444,�b OFFICIAL RECORD CITY 8ECRETARi7 T`T LM(i{94�i �i1Y acknowledged to me that the same was the act of 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 5-0 ✓l IM Y kws Jr► , known to me to be the same person whose name is subscribed to the foregoing instrument, and S; 14vt !i✓. To two I .el and that he/she executed the same as the act of said 'Sb k vl W. -10 vM for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of kbritni ,20 13 Kayla Emmons Commiss on Expires 10/21/2016 1 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 "9' _ day of a/ 20_. e. Notary Public in and for the State of Texas I • • ' EVONIA DANIELS ;fig • '•.t'MY _...,..� EXPIRE. • • S r • • �� • 2 i` ova 4. sit 43, 2 s ez ��' r(a7i Shady Vatte1. 0 Saddiebrcok Car 41eadr fi,ide Or 1• T tv c.Fri s 0 -13 4 of The Plant Shed Inc 11723 t� �r -dr P atre.43 Dr V 4 y a SZ Boaz Park 0 Obi ,L • ..M)c l`t1� it] 71-3 �1 0 P?1 ycoJQ ?E1 PIO Mc' itf St 0 0 tlitir -fin kle f.� • r1 .ts 0 G et ,tea` Pc Mohawk Ave it to 77 r 0 a 711 in (tai) 6;°ILL 44 sae :1 9). OAl 4,0 Tamara: il4`.1 Boa 9.6 4'4- 1. ( 4• 'Ql• CV 45 Ridgtea Country ,y�p Club Estates o�,�ci �2 se .9 t y Y s 171 CC S! P or 2• a 0 il�tlaAve Culver Ave Qr Valhat'a Ra '> tr i reehaven fie Ridgtea Hills Ftnan St Addition A/yct,tr St 9 San :slue ed<il ets -POKra W V_kery Fled Marrs Creek Dr • t Soon • Site plan for placement of artwork elements.