HomeMy WebLinkAboutContract 45060 crry st-cRF.TARY
CONTRACT NO.
ACCESS LICENSE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS ACCESS LICENSE ("Agreement") is made and entered into by and between Event
Facilities Fort Worth, Inc., a Texas non-profit corporation, acting by and through Mike Groomer,
its duly authorized President ("EFFW"), and the City of Fort Worth, a home-rule municipal
corporation of the State of Texas, acting by and through its duly authorized Assistant City
Manager ("City"), as of September 26, 2013 ("Effective Date").
RECITALS
WHEREAS, the City owns certain parkland located at 3220 Botanic Garden Boulevard,
Fort Worth, Texas, such land being described on Exhibit "A," attached hereto and incorporated
herein for all purposes, and being commonly known as the Fort Worth Botanic Garden ("City
Property"); and
WHEREAS, EFFW owns that certain tract of land located at 3400 Bryce Avenue, Fort
Worth, Texas, such land being described on Exhibit "B," attached hereto and incorporated
herein for all purposes, and being immediately adjacent to the City Property ("EFFW Property");
and
WHEREAS, in order to inspect, maintain, and service the City Property, the City desires
to access the City Property by way of EFFW Property at the location depicted on Exhibit "C,"
attached hereto and incorporated herein for all purposes (the "Access Point"); and
WHEREAS, EFFW is willing to grant to the City a revocable, non-exclusive access
license across a portion of the EFFW Property depicted on Exhibit "C" (the "Access Route"),
on the terms and conditions set forth below; and
WHEREAS, all uses of the Access Route by the City shall be subject to satisfaction of
the conditions specified in Section 4 below.
NOW, THEREFORE, for and in consideration of ten dollars and no cents ($10.00) and
the mutual agreements stated herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. ACCESS LICENSE. Subject to the terms and conditions of this Agreement,
EFFW hereby grants, transfers, and conveys unto the City a revocable, non-exclusive license for
ingress, egress, and access over and across the Access Route to provide access from the Access
Point to the public right-of-way known as Trail Drive for the limited purpose of inspecting,
maintaining, and servicing the City Property (the "Access License"). The Access License is
made subject to all leases, liens, easements, restrictions, reservations, and other matters affecting
the Access Route and existing as of the Effective Date, whether of record or not.
Access License between City of Fort Worth OFFICIAL, RECORD
and Event Facilities Fort Worth, Inc. CITY SlECRETARY I of 9
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FT. WORTH, 1`X
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2. TERM. This Agreement shall begin on the Effective Date and expire one year
thereafter. This Agreement shall automatically renew annually unless it is otherwise terminated
prior to the date for renewal.
3. TERMINATION. This Agreement and the Access License granted hereby may
be terminated at any time by either of the parties by written notice delivered to the other party.
4. NOTICE AND APPROVAL. The City's rights hereunder are expressly subject
to satisfaction of the following conditions:
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(a) The City shall schedule all ingress, egress, and access over and across the Access
Route in coordination with a schedule agreed upon by EFFW. At a minimum, the City shall
provide seventy-two (72) hours notice of(i) the starting date and time of the City's proposed use
of the Access Route, (ii) the ending date and time of the City's proposed use of the Access
Route, and (ill) a general description of the proposed ingress, egress, and access over and across
the Access Route; and
(b) EFFW's approval, in its reasonable discretion, of the schedules, dates, times, and
other details of the City's proposed ingress, egress, and access over and across the Access Route.
Provided, however, in no event shall the City be permitted to use the Access License during the
annual event known as "Fort Worth Stock Show & Rodeo" to be held in the months of January
and February (or such other dates as future events may be scheduled).
Notwithstanding anything to the contrary, the City shall be allowed to use the Access Route
without any notice and approval in cases of an emergency.
EFFW shall not unreasonably delay in granting its approval for any request made by the City
pursuant to this section.
5. RESERVATION OF RIGHTS. EFFW expressly reserves the right to use and
grant to others the right to use the Access Route for any purpose; provided, however, that in
granting subsequent authorization for use, EFFW will not allow a use that will unreasonably
interfere with the City's use of the Access Route as provided herein. In the event of any conflict
between uses of the Access Route by the City and EFFW, the uses of EFFW shall take absolute
precedence.
6. RELOCATION OF ACCESS ROUTE. EFFW reserves the right, at any time
and from time-to-time, to relocate the Access Route. Upon such relocation of the Access Route,
EFFW shall provide the City with written notice containing (1) a sketch of EFFW's planned
location and alignment for the relocated Access Route and (ii) an amendment to this Agreement
setting forth the new location of the license tract. If the City elects to continue using the new
Access Route, then the City shall execute such amendment and deliver same to EFFW within
thirty (30) days after receipt of a relocation notice from EFFW. Failure to timely deliver such
amendment to EFFW shall be deemed a termination of this Agreement and the Access License
granted hereby. Upon (1) termination of this Agreement and the Access License granted hereby
or (ii) relocation of the Access Route, the City shall relocate or remove, as appropriate or
necessary, any improvements or personal property of the City. Any such property which is not
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and Event Facilities Fort Worth, Inc. 2 of
relocated or removed within fifteen (15) days may be removed by EFFW without liability or
obligation to the City and returned to the City.
7. DEDICATION RIGHTS. EFFW reserves the right to dedicate the Access Route
to any governmental entity for use as a public street or right-of-way. If EFFW dedicates the
Access Route to an entity other than the City, then EFFW shall notify the City at least thirty (30)
days prior to the effective date of the dedication. This Agreement and the Access License
granted hereby shall automatically terminate upon the effective date of dedication of the Access
Route to a governmental entity.
8. REPAIR. The City shall, at no cost to EFFW, promptly repair any physical
damage to the Access Route or the EFFW Property caused by the City or the City's employees
or contractors.
9. NOTICES. All written notices called for or required by this Agreement shall be
addressed to the following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
City: EFFW:
City of Fort Worth Event Facilities Fort Worth, Inc.
Attn: City Manager Attn: Mike Groomer
1000 Throckmorton 505 Main Street, Suite 240, MS-21
Fort Worth, TX 76102 Fort Worth, Texas 76102
with copies to: with copies to:
City of Fort Worth Kelly Hart & Hallman UP
Attn: Parks and Community Services Director Attn: Jared P. Harrell
4200 South Freeway, Suite 2200 201 Main Street, Suite 2500
Fort Worth, TX 76115-1499 Fort Worth, TX 76102
City of Fort Worth
Attn: Assistant City Attorney
1000 Throckmorton Street
Fort Worth, TX 76102
11. CONTRACT CONSTRUCTION. The parties acknowledge that each party and,
if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that an ambiguities are to be resolved against the drafting party must
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not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
12. SUCCESSORS AND ASSIGNS. All covenants, conditions, and agreements
contained herein shall be deemed to be covenants running with the EFFW Property and
appurtenant to the City Property, and shall bind and inure to the benefit of the parties hereto and
their respective successors and assigns.
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and Event Facilities Fort Worth, Inc. 3 of 9
13. SEVERABILITY. The provisions of this Agreement are severable, and if any
word, ph-rase, clause, sentence, paragraph, section, or other part of this Agreement or the
application thereof to any person or circumstance shall ever be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and
the application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby, and this Agreement
shall be construed as if such invalid or unconstitutional portion had never been contained therein.
14. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws
of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or
incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
15. GOVERNMENTAL POWERS. By execution of this Agreement, the City does
not waive or surrender any of its govern-mental powers.
16. ENTIRE CONTRACT. This Agreement (including the attached exhibits)
contains the entire agreement between EFFW and the City, and no oral statements or prior
written matters not specifically incorporated herein are of any force and effect. No modifications
are binding on either party unless set forth in a document executed by that party.
17. COUNTERPARTS. This Agreement may be executed in several counterparts,
all of which when taken together shall constitute one and the same agreement.
[Remainder of Page Intentionally Blank]
Access License between City of Fort Worth
and Event Facilities Fort Worth, Inc. 4 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the
date first above written in Fort Worth, Tarrant County, Texas.
EFFW: CITY:
Event Facilities Fort Worth, Inc,, City of Fort Worth,
a Texas non-profit ca oration a Texas municipal corporation
B By:
( w,
-/Mike Groomer S an Alanis
President °` Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
✓ d° G✓
Tyler f,,Wallach
Assistant City Attorney
ATTEST:
..
City Secreta" y
NU M�tC IQU[RED
IIFIi I III. RECORD
f
I' SECRETARY
FT. WGItTli, TX
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and Event Facilities Fort Worth, Inc. 5 of 9
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Sic�p t.'embe-r 2013, by
Mike Groomer, President of Event Facilities Fort Worth, Inc., a Texas non-profit corporation.
% Sharon Lee McClung
My Commission Expires
01/10/2015 Ilie,
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on c ')! 2013, by
............
Susan Alanis, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation,
on behalf of the City of Fort Worth.
41
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--------- 0�4,v
LINDA M.HIRRILINNGER Notary Public, State of Texas
MY COMMISSION EXPIRES
February 2,2014
............... _-00066-
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and Event Facilities Fort Worth, Inc. 6 of 9
EXHIBIT "A"
CITY PROPERTY DESCRIPTION
BEING a tract of land situated in the Thomas White Survey, Abstract Number 1636, located in
the City of Fort Worth, Tarrant County, Texas, and being all of a tract of land described as
"SECOND TRACT" in the Warranty Deed to City of Fort Worth, a municipal corporation of
Tarrant County, Texas, as recorded Volume 1843, Page 461, of the Deed Records of Tarrant
County, Texas and being all. of a tract of land described in the Warranty Deed to City of Fort
Worth, Texas, a municipal corporation as recorded in Volume 3873, Page 108 of the Deed
Records of Tarrant County, Texas.
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and Event Facilities Fort Worth, Inc. 7 of 9
EXHIBIT "B"
EFFW PROPERTY DESCRIPTION
BEING a tract of land situated in the Thomas White Survey, Abstract Number 1636, located in
the City of Fort Worth, Tarrant County, Texas, and being all of a tract of land described as
"TRACT' ONE" in the Special Warranty Deed to Event Facilities Fort Worth, Inc., as recorded
under County Clerk's Document Number D202035150 of the Deed Records of Tarrant County,
Texas.
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and Event Facilities Fort Worth, Inc. 8 of 9
EXHIBIT "C"
ACCESS POINT AND ACCESS ROUTE
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i
C o
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lACCESS ROUTE
CITY OF FORT WORTH
�y VOLUME 3873, PACE 108
D.R.KC.T
ACCESS POINT
EVEN fi FACILITIES
"TRACT ONE'
COUNTY CLERK'S DOCUMENT NO.
202035150
y
D.R.T C.T.
wo
r= _
0 100 200
EXHIBIT 'C'
SCALE 1'= 100 ft.
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and Event Facilities Fort Worth, Inc. 9 of