HomeMy WebLinkAboutContract 41060STATE OF TEXAS §
COUNTY OF TARRANT
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CITY SECRETARY 4-I
CONTRACT NO. OleQ _
KNOW ALL MEN BY THESE PRESENTS
This Temporary Ingress and Egress/Access Agreement (this "Agreement") is entered
into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County
Texas ("GRANTOR") and Goodwin and Marshall Inc .. ("GRANTEE").
For and in consideration of $10.00, and other good 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 Vineyards at
Heritage 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 Access shall be for thirty (30) days upon the execution of this
Agreement.
3. The Access shall only be used for the purpose of performing Surveying for
proposed water and sanitary sewer easements to be located through a portion of
The 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 . All Access to the Park shall be by foot and no
vehicles shall be allowed onto Park property . 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 (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.
11-09 -1 0 A1 1 :01 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
6 . There shall be no equipment on park property within 48 hours of a rain even t.
The GRANTOR should be contacted to ensu re the grounds of park are suitable
for performing work outlined w ithin the agreement.
7 . The Access is not assignable by the GRANTEE without the pr ior 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
w illful 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 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
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, 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 here in granted ; and GRANTOR
does he reby bind itself and its successor and assigns to warrant and forever defend all and
s ingular 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 &C 6{
Title of Approved agent
GRANTOR: City of Fort Worth
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APPROVED AS TO FORM AND LEGALITY
Attested by: mu~~ Marty Hendrix,CitySecretary
NO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 £ d tJa v-cJ W, £ c_l<av-+ , 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 Good u} ,' V) a YI d !1a y ,5 hB I I Iv1 C.' ;
and that he/she executed the same as the act of said
for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this d ~ day of
_._(J_.o~V ....... e ........ m ___ ~_·e-'--v-~, 20 ID .
BARBARA J . HULL
Notary Public
STATE OF TEXAS
My Comm . Exp. Aug . 20 , 2013
Notary Public in and for the State of Texas
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
5VStL~,
BEFORE ME, the undersigned authority, on this day personally appeared 1 8harle~
A-\o. l1\ i s
W. Daniels, 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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of
_Q ....... DV ____ W)__,_,_W ___ , 20.ID....
LINDA M. HIRRLINGER
MY COMM ISSION EXPIRES
February 2, 2014
Notary Public in and for the State of Texas
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