HomeMy WebLinkAboutContract 43585 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
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 Gorrondona & 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 Sycamore 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 execution of this
Agreement.
3. The Agreement shall only be used for the purpose of performing a single utility
pothole on a 48" Sanitary Sewer which runs north-south through Sycamore Park
along the east side of the Creek. The utility pothole is needed for engineering
design directly related to the Rosedale Street improvements (US 287 to Miller),
being designed by Freese & Nichols for the City of Fort Worth.
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.
G. 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
ing work outlined within the agreement.
OFFICIAL. RECORD
CITY SECRETARY
FTv WORTH, TX Oi 9-1 7
7. The Agreement 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
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 charging 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 Agreement,
whether or not caused, in part, by the negligence of officers, agents, or
em Ioyees 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 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 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
Agent san
S lanis, Assistant City Manager
/ Ta fvuwcme,�-
Title of Approved dgent APPROVED AS TO FORM AND LEGALITY
ant
City Attorney
Tyler Wallach
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,'TIC
N10 9QUIRED
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authori ,,a Notary Pu lic in and for the State of
Texas, on this day personally appeared , 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
and that he/she executed the same as the act of said. C. GEC
for the purposes and consideration therein expressed and in the capacity therein stated.
E N UNDER MY HAND AND SEAL F OFFICE this day of
GIV i�IV � y
20
VATHY STERN
w• W COMNNSWON EXPIRES
pr AUgust25.2010 -
Notary Pub is 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(North, 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 day of
y
20 -.
LINDA
My M.HrRRLjNGER Ae\
. t= COMM'SStDN EXPIRES
2o 2014
Notary Public in and for the State of Texas
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