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HomeMy WebLinkAboutContract 45450 (2)Temporary License Agreement with Barnett Gathering, LLC CITY SECRErARV 41/5' 114.50 TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BARNETT GATHERING, LLC FOR HIGHLAND HILLS PARK This Temporary License Agreement ("Agreement") is entered into on this j of (fl(r(h. , 2014 ("Effective and between the of Fort Worth, Texas a Date") by City home -rule municipal corporation of the State of Texas ("City"), and Barnett Gathering, LLC, a Texas limited liability company ("Company"). WHEREAS, the City owns a certain piece of property known as Highland Hills Park, located at 1600 Glasgow Road, Fort Worth, Texas ("Parlc"); WHEREAS, Company desires to use a portion of the Parlc to perform surveying; and • WHEREAS, the City has reviewed the Company's request and agrees to grant the Company use of a portion of the Park in accordance with the terms and conditions of this Agreement. For and in consideration of Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, City and Company agree as follows: 1. License and Purpose. City hereby grants to the Company a non-exclusive license to use a portion of the Park as depicted in Exhibit A, attached hereto and incorporated herein, ("Licensed Premises") for the purpose of surveying and for no other purpose. 2. Term. The term of this Agreement shall be for .thirty (30) consecutive days, beginning on the Effective Date. 3. Termination. The City may terminate this Agreement, without cause, upon five (5) days written notice to the Company or immediately upon a breach of this Agreement by the • Company. 4. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Licensed Premises as provided herein. This Agreement does not establish any priority for the use of the Licensed Premises by Company or by any present or future licensees or other permit holders. In the event of a" 9 dispute as to t _ ,}phority of use of the Licensed I GRAM& RN n�� E 3[ U liRECEIVED MAR241°2014 ©Ufl Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 5. Liability. Company covenants and agrees to release City, its officers, agents, representatives, servants, and employees, from and against any and all claims or suits for property damage, personal injury, or any other type of loss or adverse consequence related in any way to the existence of this Agreement or the use and occupancy of the Park, unless such act or omission complained of is the result of the gross negligence or willful misconduct of City. Furthermore, City shall not be liable to Company for any damage or theft of Company's equipment, facilities, or other contents, except when caused by the willful misconduct of City, its agents, servants or employees. 6. Restoration of the Park. Company further agrees that, if during the course of the exercise of its rights under this Agreement, damages result to the Park or City's park facilities, Company shall repair or restore same as near as possible to their pre-existing condition within thirty (30) calendar days, unless otherwise agreed to by the parties in writing. 7. INDEMNIFICATION. COMPANY COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS REPRESENTATIVES, 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, BUT NOT LIMITED TO, DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR THE COMPANY USE AND OCCUPANCY OF THE PARK, WHETHER OR NOT CAUSED, IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, OR EMPLOYEES, OF THE CITY; PROVIDED HOWEVER, THAT THE COMPANY 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 GROSS NEGLIGENCE OF OFFICERS, AGENTS OR EMPLOYEES OF THE CITY. Temporary License Agreement with Barnett Gathering, LLC 2 of 7 8. Limitation on Use. There shall be no equipment on the Licensed Premises within 48 hours of a rain event. The Company shall not bring any heavy equipment onto the Park, including, but not limited to, vehicles (except for areas designated for vehicles such as parking lots). 9. Compliance with Laws. Company 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 Company's use thereof. 10. Notice. All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste 2200 Foit Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 1000 Thiockmorton Foit Worth, Texas 76102 To COMPANY: Attn: Cameron Cook Barnett Gathering, LLC 810 Houston Street Fort Worth, TX 76102 11. Public Safety. Company shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Company's use of the Park. Temporary License Agreement with Barnett Gathering, LLC 3 of 7 12. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the Park any hazardous or toxic substances or materials, or intentionally or knowingly store or dispose of any such substances or materials on the Park. 13. Force Maieure. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imm►nent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event ), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. 14. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. 15. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of and be binding upon City and Company and their respective successors and assigns and shall be covenants running with the land. 16. Entire Agreement. This Agreement contains all of the agreements between the parties respecting the subject matter hereof, and no prior representations or statements verbal or written, have been made modifying, adding to or changing the terms of this instrument. 17. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or governmental immunity of City or Company. Temporary License Agreement with Barnett Gathering, LLC 4 of 7 18. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the express written consent of the other party. Any attempt to assign this Agreement without the required consent is void and without force and effect. By executing this Agreement, Company agrees to and accepts the terms, conditions and provision contained herein. CITY OF FORT WORTH: isan Alanis ssistaiit City Manager Date: 31 till I APPROVED AS TO FORM AND LEGALITY: Tyler F A allach Assistant City Attorney ATTESTED BY: Mary J. Kayser City Secretary Contract Authorization: No M&C Required Temporary License Agreement with Barnett Gathering, LLC BARNET -I' GATHERING, LLC B y. Edwin S. Ryan, Jr. Vice President Date: March 3 , 2o(q Cc OFFICIAL RECORD CITY SECRETARY �7: WORTij,)X • STATE OF TEXAS COUNTY OF TARRANT * * * The foregoing instrument was acknowledged before me on this 1 q day of Man 2014, by ‘15CAn 1AAct.ru4 OtSiS clam hAve of The City of Fort Worth, a home rule municipality, on behalf of said municipality. 419114es UNDA M, WMRRLINGER MY COMMISSION EXPIRES ti ••• �� February 2, 2018 ! L( !! PIP STATE OF TEXAS COUNTY OF TARRANT k * * OP M1114 - • Notary Public, State of Texas Printed Name: Una& Ai\ t-4-wr( c My Commission Expires: a-) — .% • The foregoing instrument was acknowledged before me on this 3rd of g g gday M ore") , 2014, by Edwin S. Ryan, Jr., Vice president of Barnett Gathering, LLC, a Texas limited liability company on behalf of said Company. 0014,rPoI :` _ . •. n _.•dB lip ._ e Nip•• AV e• �0;is� o. CAMERON COOK Notary Public, State of Texas My Commission Expires November 05, 2016 ton cc Notary Public, State of Texas , Printed Name: 6½n1ev/\ wok My Commission Expires: 11'! 0506 Temporary License Agreement with Barnett Gathering, LLC 6 of 7 Exhibit A Licensed Premises Temporary License Agreement with Barnett Gathering, LLC 7 of 7 W a TEXAS COUNTY do STATE S. 10000Y SURVEY A-1030 U. GARRISON SURVEY A-590 HIGHLAND HILLS ADDITION VOL. 388-14, PC. 89 TARRANT HIGHLAND HILLS PARK CITY OF' FORT WORTH VOL 4558. PG. 223 CALLED 28.659 ACRES A-5 COUNTY, 41.%/2i// 8.0.3. S.O.S. M. GARRISON SURVEY A-300 J. HUOSON A-730 PROJECT .00ATI >/ VICINITY MAP 1.OK PP - POIICI1 POtC . 717,14PPPAPT'M:IM 744'A4X. TOTAL T W . . Ill 777 41 150. 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