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HomeMy WebLinkAboutContract 43495 CITY MCRETARY CONTRACT NOt TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor", owns that certain property located at 841 W. Vickery, Fort Worth, Tarrant County, Texas (the "Property"). Grantor does by these presents grant and convey to JJE Properties, Ltd, hereinafter referred to as "Grantee", a temporary non-exclusive right of entry ("Right of Entry") onto the Grantor Property. The Right of Entry is granted solely for the purposes of ingress and egress (the "Approved Use"), and for no other purpose. This agreement and the Right of Entry shall become effective on the Effective Date (defined below) and shall expire on the date that is sixty(60) days after the Effective Date. This Right of Entry shall include the right of Grantee and its employees, agents, representatives, or contractors (collectively, the "Grantee Parties") to access the Property for the Approved Uses. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns, for the Approved Use set forth above. The Right of Entry is granted subject to any and all restrictions, covenants, easements, tenancies and other encumbrances, if any, and to all zoning laws, regulations and ordinances of municipal and other governmental authorities, if any, relating to the Property. Grantee and the Grantee Parties, by entry onto the Property, agree and acknowledge that they enter onto the Property at their sole risk and hereby waive any and all claims against Grantor, Grantor's affiliates and any their respective employees, agents, officers, directors, representatives, contractors and invitees (collectively, the "Grantor Parties") arising out of the exercise of the rights granted hereunder. Grantee and the Grantee Parties may not permanently affix any equipment or fixtures to the Property. Grantee shall use reasonable care to protect any existing vegetation on the Property and shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right-of Entry. GRANTEE SHALL INDEMNIFY AND HOLD GRANTOR AND THE GRANTOR PARTIES HARMLESS FROM ANY DAMAGE OR LIABILITY RESULTING FROM GRANTEE'S USE OF THE PROPERTY. GRANTEE SHALL REQUIRE ITS INDEPENDENT CONTRACTORS AND OTHER GRANTEE PARTIES USING THE PROPERTY TO INDEMNIFY, DEFEND, HOLD HARMLESS, RELEASE AND INSURE GRANTOR AND THE GRANTOR PARTIES TO THE SAME EXTENT THAT GRANTEE IS INDEMNIFIED, RELEASED AND/OR TEMPORARY RIGHT OF ENTRY Rev. 6/2007 OFFICIAL RECORD CITY SECRETARY FTn WORTH,TX INSURED BY SUCH PARTIES IN CONNECTION WITH THE USE OF THE PROPERTY; PROVIDED HOWEVER, THAT SUCH GRANTEE PARTIES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY INJURY TO PERSONS OR DAMAGE TO PROPERTY RESULTING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR OR ANY GRANTOR PARTY. Grantee shall not permit any lien or claim for lien of any mechanic, laborer, supplier, or any other liens to be filed against the Property, or any part thereof, arising out of Grantee's exercise of the rights granted hereunder. If any such lien or claim for lien is filed, Grantee shall cause such lien or claim for lien to be promptly released of record. The Right of Entry may not be assigned by Grantee without the prior written consent of Grantor. EXECUTED to be effective as of the day of 6"7� , 2012 o a� Effective Date"). o- o 0 GRANTOR. 0 ,; a a.,j CITY OF FORT WORTH, * ¢ � ¢ jd a Texas home rule municipal corporation °0,000000°* Xy By Fernando Costa Mmy J. Kays i Assistant City Manager GRANTEE: JJE PROPERTIES, LTD, a Texas limited partnership By: Property Corn n okle Worth, Inc., Its General Partner By: Ja es Preside nt TEMPORARY RIGHT OF ENTRY Rev. 612007 OFFICIAL RECORD CITY SECRETARY FT, WORTH,TX