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HomeMy WebLinkAboutContract 44346 (2)STATE OF TEXAS COUNTY OF TARRANT 1:_;11117Yr SECRETAR. COOMACT L • KNOW ALL MEN BY THESE PRESENTS This Temporary Ingress and Egress/Construction Easement Agreement (this "Agreement") is entered into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("GRANTOR") and Kimley-Horn and 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 (the "Access") onto Gateway 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 Access shall be for thirty (30) days upon the execution of this Agreement. 3. The Access shall only be used for the purpose of surveying proposed corridors for a proposed 21-inch sanitary sewer, a 66-inch sanitary sewer, and a 20-inch gas line to be located through a portion of Gateway 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 access shall be with equipment and employees or contractors. The Access shall include the right of Grantee and its employees, agents, representatives or contractors to access 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 (PACSD) 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. OFFICIAL RECORD CM, SECRETARY FT° 110EVE-4 RECEIVED f�i'R '' RECEIVED APR - 3 2013 7. The Access 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 u nderstood 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 n o 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 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 access, whether or n ot caused. in part, by the nealigence of officers, aaents or employees, of the GRANTOR; provided however, that the Grantee shall have no liability or o bligation 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 access 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 access herein granted; and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the access 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: Agent • fie. t,. Title pc:oved agent Assistant-641-Attc--------)riney GRANTOR: City of Fort ager APPROVED PpRpVEp AS To FOR M AND LEGALITY • Mattis, Assista t City OFFICIAL RECORD ATV SECRETARY FT. won TX ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT thisdaypersonally appeared Texas, on p _ ent and rson whose name �s subscribed to the foregoing instrum me to be the same pe and Associates, Inc. I��miey-I-Iorn acknowledged to me that the same was the act of and that he/she executed the same as the act of said • ur Dees and consideration Associates, Inc. p Kimley-Morn and for the P . therein expressedcapacity therein stated. and in the BEFORE ME, the undersigned authority, a Notary Public in and for the State of Glenn A. Gary , known to SEAL OF OFFICE this GIVEN UNDER MY HAND AND March 20 3 13th day of 1-1\ inC\I Not soy Public in and for the State of Texas r(k'flVj ilit • st$ telt r JENNIFER JOHNSON Notary Public, State of Texas My Commission Expires February 25, 2014 .L.. 1 �.+ . rr. ... • 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 i1 day of , 2013 . IVA" ROSELIA BARNES • *` MY COMMISSION EXPIRES • ttttttt March 31, 2017 I II Notary Public in and for the State of Texas Exhibit A Park Property Description Gateway Park —Tree Inventory and Topo Survey Mapsco No. 78B Park District N North of I-30 and East of Beach Street X W DATE: DESIGN: DRAWN: CHECKED: MAR 2013 CTD CPI BAR ADDITIONAL TREE SURVEY OVERALL LOCATION MAP OXBOW SITE E KHA NO.: 061018052 K:1FTW Utilities'410180521Gateway_Park Site stIGISIMAPSIGorondonna Tree Survey Gateway Site E.mxd CITY OF FORT WORTH WATER AND SANITARY SEWER RELOCATIONS FOR THE TRINITY RIVER VISION -CENTRAL CITY PROJECT AND THE TRINITY UPTOWN SERVICE AREA PHASE 1 - BRIDGE AND CHANNEL RELOCATIONS THIS DOCUMENT IS INCOMPLETE AND RELEASED TEMPORARILY FOR INTERM REVIEW ONLY. IT IS NOT INTENDED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES CARL T. DEZEE P.E. SERIAL NO. 87685 DATE: MARCH 2013 1 Kimley-Hom and Associates, Inc. This product Is for Informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. II does not represent on on -the -ground survey and represents only the approximate relative location of property boundarioe.