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HomeMy WebLinkAboutContract 42441 CITY SEGREMARY CONTRACT NO. PROPERTY USE AGREEMENT This Property Use Agreement ("Agreement") is executed to be effective as of the I I th day of August, 2011 (the "Effective Date"), by and between Tarrant Regional Water District, a Water Control and Improvement District and a body politic and corporate under the laws of Texas, with an address at 800 E. Northside Drive, Fort North, Texas 76102 ("District") and the City of Fort Worth, Texas, a home-rule municipal corporation, 1000 Throckmorton, Fort `]North, Texas 76102 ( "City"). WHEREAS, City and District are parties to a sale and lease-back agreement ("Lease") for the property known as the Fort North Police and Fire Training Center, 1000 Calvert Street, Fort Worth, Texas 76107. WHEREAS, City is the owner of other real property located near the Police and Fire Training Center, such property known as Haws Athletic Center ("Haws"), 600 Congress Street, Fort North, Texas. WHEREAS, District has requested the right to have periodic use of the Haws parking facility as depicted on Exhibit "A" attached hereto (the " Property") throughout the term of the Lease for special event parking, provided however, such use shall be scheduled in advance and such parking shall not unreasonably interfere with City's activities at Haws. NOW, THEREFORE, in consideration of the matters set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License of the Propertv. Subject to the terms and conditions set forth below, City grants to District a non-exclusive license ("License") to use the Property for special event parking, provided however, District must contact the City's Parks and Community Services Department at least thirty (30) days prior to the date of any such proposed use to determine whether such use would conflict with any previously scheduled activity at Haws. In the event of a conflict, the parties agree to negotiate in good faith in an effort to accommodate both uses. In the event a conflict cannot be reconciled, the use of the Property by City shall take precedence. 2. Term. The term ("Term") of this Agreement commences on the Effective Date and automatically terminates upon termination of the Lease. 3. Condition of the Properly; Repairs and Alterations. The Property is licensed to and accepted by District "AS-IS", without warranty of kind, express or implied or arising by operation of law. District acknowledges and agrees City has no obligation to maintain the Property or to make any repairs or to generally maintain the Haws Athletic Center parking facility or the Property. City acknowledges and agrees that the District shall have no obligation to make repairs or to generally maintain the Haws Athletic Center parking facility or the Property. 4. Liability. City shall not be obligated to furnish any utilities, lighting, security, fence, gate, or any other items or services for the Property. District assumes any and all risk associated with use of the Property under this Agreement and by executing this Agreement does hereby release City from any and all liability for any and all damage, inj f or related to District's use of the Property. City shall not be liabl Et e employees, agents. invitees, or licensees of District for damages on acco n rn uPes o s or property, including injuries resulting in death, due to an y of N,the i �r hereafter located on the Property being improperly constructed or being or becoming out of repair; and District hereby waives all defects therein, as well as in the lands above described, and agrees to release the City from all claims for damages arising therefrom. S. Seryerabiiity, if any provision of this Agreement is found to be invalid, the remaining provisions must be construed insofar as possible to be valid. 6. Governing_Law. This Agreement shall be construed and enforced pursuant to the laws of the State of Texas. 7. Captions. The captions or headings of paragraphs in this Agreement are inserted for convenience only, and shall not be considered in construing the provisions hereof if any question of intent should arise. 8. Time. For all purposes of this Agreement, time is of.the essence. 9. Counter arts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and agreement. 10. Sovereign Immunity. Nothing herein shall be construed to waive or limit the sovereign immunity of District or City. 11. No Recording. Neither this Agreement nor a memorandum thereof may be recorded in the Real Property Records of Tarrant County, Texas. 12. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly execute by the parties to this Agreement. 13, Notices. A. All notices to the District shall be sent to: R. Steve Christian Real Property Director Tarrant Regional Water District 800 E. North Side Drive Fort `]North, TX 76102 With a copy to: Ethel Allen Steele Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. 306 W. 7th Street, Suite 901 Fort Worth, Texas 76102-4995 B. All notices to City hall be sent to: OFFICIAL RECORD �I CITY SECRETA ,. SECRETARY City of Fort North FT W r ORTH �X 1000 I hrockmorton .. 2 of 3 Fort North, Texas 76102 Attn: City Manager With a copy to: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Attn: City Attorney C. Mailing of all notices under this Agreement shall be deemed sufficient if mailed certified, return receipt requested and addressed as specified herein to the other party's address. EXECUTED to be effective as of the Effective Date. DISTRICT: Tarrant Regional Water District, a Water Control and Improvement District and a body politic and corporate under the laws of Texas By: Name: k Title: �.- ��. .�. `�•'r�e >� CITY: City of For orth, Texas, a home-rule municipal corporation By: APPROVED AS TO Name: i t.sct In,c k ;.s D LEGALITY: Title: A CITY ATTORNEY N)6 Kt P 1TRWD\Trinity River VisionTroperty AcquisitionsTolice and Fire CenterTroperty Use Agreement DOC � , 0400000 OFFICIAL RECORD �40 0Attested by*. ,©r CITY SECRETARY � o � ' �,.0 a FT. WORTH, TX O � 0 0 Marty t4ondrix, t 39emtm- 7 D C d I C1 3 of � r4AZY ;," ,..�" "hill'... 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