HomeMy WebLinkAboutContract 62675CSC No. 62675
7220 Harrier Street
Fort Worth, Texas 76179
CITY OF FORT WORTH
TEMPORARY RIGHT OF ENTRY
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
That in this Temporary Right of Entry (this "Right of Entry"), Talon Hill Residential Association,
Inc., referred to as "Grantor," does by these presents grant and convey to the City of Fort Worth,
Texas, hereinafter referred to as "Grantee," a temporary right of entry onto the property described
in Exhibit "A," attached hereto and incorporated herein, hereinafter referred to as the "Property,"
subject to the terms of this Right of Entry for the purpose of accessing the Property for the
following uses:
• geo-technical analysis including shovel testing and borings;
• on -the -ground survey;
• subsurface utility exploration including Quality Level A Test Holes;
• in -situ soil resistivity testing to identify soil resistivity; and
• general site observation
Upon execution of this Right of Entry, Grantor will grant Grantee and its agents, representatives,
or contractors access to the Property for the purpose stated herein, provided that prior to any entry
or access onto the Property, Grantee and each of Grantee's agents, representatives, or contractors
(including subcontractors of any tier) shall obtain and maintain, at their own expense, 1) Workers'
Compensation insurance with limits prescribed by law and Employer's Liability insurance with
limits of liability not less than $500,000; 2) Comprehensive General Liability insurance with per
occurrence limits of liability not less than $1,000,000 and aggregate limits of liability not less than
$2,000,000 insuring all respective activities and the respective acts and omissions of Grantee's
agents, representatives, or contractors. In addition, any of Grantee's agents, representatives, or
contractors entering the Property shall maintain Business Automobile Liability insurance with a
$1,000,000 combined single limit of liability. Grantee's agents, representatives, or contractors
shall procure such insurance from an insurance company licensed to issue insurance in Texas with
an A.M. Best rating of "A" or better. Each policy (excluding Business Automobile Liability) shall
name Grantor as an additional insured and shall be primary and noncontributory to any insurance
carried by Grantor and must provide for 30 days prior written notice to Grantor of cancellation or
material modification of such policy. Grantee shall cause a certificate of insurance evidencing such
coverage to be delivered to Grantor prior to entering onto the Property. Notwithstanding the
preceding, Grantor agrees that the Grantee (but not the Grantee's agents, representatives, or
contractors) shall be allowed to retain (self -insure) in whole or in part any insurance obligations
required herein. All entry and access onto and use of the Property shall be conducted at Grantee
Parties' sole cost and expense and in strict accordance with all requirements of applicable law.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
All entry and access onto the Property shall be conducted in a manner so as not to physically
damage the Property, save and except for any permitted shovel testing, boring or test holes, or
unreasonably interfere with the usual operation of the Property by Grantor. Grantee Parties shall
cause the Property to be restored to substantially the same condition which existed prior to
Grantee Parties' entry and access onto the Property. Without limiting the foregoing, Grantee
Parties will take all reasonable efforts to prevent damage to the Property. Grantee Parties shall be
responsible for any and all claims, demands, causes of action, and damages arising out of or in any
way relating to Grantee Parties' actions during their entry or access onto or use of the Property,
and any other act or omission relating to the Property other than any damage caused or arising out
of Grantor's negligence or willful misconduct. At all times, Grantee Parties shall keep the
Property free and clear from all liens, and immediately discharge all liens filed against the
Property arising out of or relating to Grantee Parties' entry or access onto or use of the
Property and for work done or materials supplied on behalf of Grantee Parties.
The right of access granted to the Grantee Parties hereunder shall automatically terminate upon
the earlier of (i) the date on which Grantee completes the uses described herein, and (ii) March 31,
2025.
This Right of Entry shall run with the land, and shall be binding on, and inure to the benefit of,
Grantor, Grantee, and their respective successors and assigns.
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, its successors and
assigns, for the purposes set forth above.
EXECUTED this the date of I I J unv-?ry�QL57
GRANTOR: Talon /Hill Residential Association, Inc.
By: _
Shawn Goff, President
ACCEPTED BY:
GRANTEE: City of Fort Worth
By (Signature):
(Print Name) Jesica McEacnern
(Title) Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
By (Signature):D—glas Buck (Jan 22, 202510:29 CST)
(Print Name) Douglas Black
(Title) Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
Lot 34, Block A, Talon Hills Addition, an Addition to the City of Fort Worth, Tarrant
County, Texas according to the Plat thereof recorded under Clerk's File No. D217009798,
Plat Records, Tarrant County, Texas
APPROVAL RECOMMENDED:
Lauren Pneur (Jan 21, 202514:17 CST)
Lauren Prieur
Director, Transportation & Public Works
ATTEST:
Jannette Goodall
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX