HomeMy WebLinkAboutContract 45284 crry sEcRETARY
CONTRACT,NOw eba" 4_ �
TEMPORARY LICENSE AGRIEEMENT BE TWEEN THE CITY OF FORT WORTH AND
T. AWAY ASSOCIATES,L.P. FOR Ov E ETON PARK
This Temporary License Agreement (thus "Agreement") is entered into on this of
) Y�0, �t q
, 2 17 Effective Date ) by and between the City of Fort Worth, Texas, a
home-rule municipal corporation of the State of Texas, ("City") and CMJ Engineering and
'1,est r , Inc., ("Company").
.
HL 4 AS, the City owns a certain piece of property known as West Farb (",Park"),
located on Las Vegas Trail, Fort Worth, Texas ("Park"),-
" ;
WH R-EAS, Company desires to use a portion of the Park to, perfon- geoteehnieal
study; and
WHO 1 A , the City has reviewed the Company's request and agrees to grant the
Company use of a portion of the Park in accordance with the terns and conditions of this
Agreement.,
For and in consideration of Ten Dollars and No Cents ($10.00) and other good and
valuable consideration, the sufficiency of which 's hereby acknowledged, and in consideration of
the covenants contained herein, City and Company agree as follows:
1. License and Pu1pose. City hereby grants to the Company a non-exclusive, license to use a.
portion of the Park as depicted in Exhibit, , attached hereto and incorporated herein,
("Licensed Premises" for the purpose of geoteehnieal study and for no other purpose,
2. Term. The term of this Agreement shall be for thirty 3 consecutive days, beginning on
the Effective Date.
3. Termination. The City iiiay terminate this Agreement, without cause, upon fare 5 days
mitten notice to the Company - irnrnediately upon a breach of this Agreement by the
Company.
4. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly
non-e clusI e. The City reserves 'the r gl t to enter into and grant other and future
licenses, leases, and other authorizations for use of the Park and Licensed Premises to
other persons and entities as the City deems appropriate in accordance with applicable
law; provided, however, that in granting subsequent authorization for use, the City will
not allow a use that will unreasonably interfere with t he Company"s use of the Park as
provided herein. This Agreement does not establish any priorityJI)r Ju
Licensed Premises by Company or by any present or future lice 0FFWMi69P0FA
SECH
Temporary License Agreement with CMJ Engineering and Testing CITY 171
RECEIVED JAN 10 ZW Fr.WORTHi TX
holders. In the event of any dispute as to the priority of use of the Licensed Premises, the
first priority shall be to -the public generally, the second priority to the City in the
performance of its various functions, and thereafter, as between
icensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
5.
L it Company covenants and agrees to release City, its officers, agents,,
representatives, servants,
and employees, from and against any and, all claims or suits for
property damage, personal injury, or any other type of loss or adverse consequence
related 'in any way to the existence of this Agreement or the use and occupancy of the
Park, unless such act or ornission complained of is the result of the gross negligence or
w illful misconduct of City. Furthermore, City shall not be fable to, Company for any
damage or theft of Company's equipment, facilities, or other contents, except when
caused by the willful misconduct of City, its agents,, servants or employees.
6. Restoration of the Park. Company further agrees that, if during the course of the exercise
of its rights, under this Agreement, damages result to the Park or City's park facilities,
Company shall repair or restore same as near as possible to their pre-existing condition
within thirty (3 0) days, unless otherwise agreed to by the parties in writing.,
7. INDEMNIFICATION'. COMPANY COVENANTS AND AGREES TO, AND BY
THESE PRESE NTS DOES HERBY FULLY INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE, CITY, ITS OFFICERS, AGENTS REPRESENTATIVES,
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, BUT NOT
LIMITED TO, DEATH,, RE,S"ULTING FROM, OR IN ANY WAY CONNECTED
WIr FH, THIS AGREEMENT OR THE, COMPANY USE AND OCCUPANCY OF
THE PARK, WHETHER OR NOT CAUSE MIN PART, BY THE NEGLIGENCE
OF OFFICERS, AGENTS, OR EMPLOYEES,,: OF THE C1 PROVIDED
HOWEVER, THAT THE COMPANY SHALL HAVE NO LIABILITY OR
OBLIGATION TO INDEMNIFY',, HOLD HARMLESS, OR DEFEND WITH
RESPECT TO ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY
17emporary ucense Agreement with CMJ Engineeririg„and Testing 2 of 6
tc.ESULTING FROM THE GROSS NEGLIGENCE OF OFFICERS, AGENT S OR
EMPLOYEES OF THE CITY.
8. Limitation on 'Use, There shall be no equipment on the Licensed Premises within 48
hours of a rain event. The Company shall not bring any heavy equipment onto the Park,
including, but not limited to, vehicles, (except for areas designated for vehicles such as
parking, lots).
9. Compliance with Laws. Company 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 Company's use thereof.
10. Notice. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agent,
ernployce, servant, or representative, or (iii" received by the other party by reliable
overnight courier or United States Mail, postage prepaid, return receipt requested, at the
address stated below or to such other address as one party may from time to time notify
the other in writing.
r
To SHE CITY: To COMPANY:
Director CMJ Engineering and Testing, Inc.,
Parks and Community Services 7636 Pebble Drive
City of Fort Worth Fort Worth, TX 76118
4,200, South Freeway, ate 2200
Fort Worth, Texas 76115
With a copy to
Department of Law
City of Fort Worth
Attn.* City Attorney,
1000 Throckmorton
Fort, Worth, Texas 76102
11. Public, Safe Company shall be solely responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the Company's use of
the Park.
Temporary License Agreement with CMJ Engineering and Testing 3 of 6
12. Hazardous Materials. Under no circumstances, will the Company use or cause to be used
on the Park any hazardous or toxic substances or materials., or 'Intentionally or knowingly
store or dispose of any such substances or materials on the Park.
13. Force.,Majeure. If either party is unable, either in whole or part, to fulfill its obligations
under this Agreement due to acts of God; strikes, lockouts, or other 'Industrial
disturbances- acts, of
public enemies- wars- blockades- insurrections,- riots,- epidemics-,
5 1
public health crises; earthquakes; fires; floods; restraints or prohibitions by any court,
bcard,1 department, commission, or agency of the United States or of any state;
declaration of a state of disaster or ofernergency by the federal, state,, county, or City
government in accordance with applicable law; issuance of an Imminent Threat Alert or
Elevated Threat Alert by the 'United States Department of' Homeland Security or any
equivalent alert system that may be instituted by any agency of the 'United States; any
arrests and, restraints; civil disturbances'; or explosions; or some other reason beyond the
party's reasonable control (collectively, "Force Majeure Event"), the obligations so,
affected by such Force Majeure Event will be suspended only during the continuance of
such event. If a Force Majeure Event occurs, the City may,, m its sole discretion, close or
postpone the opening of its community centers, parks, or other City owned and operated
properties and facilities in the interest of public safety and operate them as the City sees
fit.
14. Choice of Law-, Venue. This Agreement shall be governed by and construed, in
accordance with the laws, of the State of Texas. If any action, whether real or asserted, at
law or in equity, arises on -the basis of any provision of this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or 'the United States
District Court for the Northern District of Texas - Fort Worth Division.
15. BindingEffect, The terms and provisions of this Agreement shall, mure to the benefit of
and be binding upon City and Company and their respective successors and assigns and
shall be covenants running with the land.
16. Entl*r,eA I parties
,greement. This Agreement contains all of the agreements between the part
respecting the subject matter hereof, and no prior representations or statements, verbal or
written, have been made modifying, adding to, or changing the terms of this instrument,.
17. No Waiver of Imm unrt Nothing herein shall be deemed to limit or waive the sovereign
or govern-mental immunity of City or Company.
Temporary License Agreement with CMJ Engineering and Tesfing 4 of 6
1
18. Assi&)nrnent, This Agreement in whole or in part, is not ass Ignable by either party,
without the express written consent of the other party. Any attempt to assign this
Agreement without the required con sent lis void
id and wthout force and effect.
By executing this Agreement, Company agrees to and accepts, the terms, conditions and
provision contained herein.
CITY OF FORT WOR"rH, CMJ ENGIINEERING AND TESTING,
INC
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e.
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........ Asi
...........
B
is me* ex,rrc
a, Al,�,il(s Na WcalrA
--4ssistant Cfty Managerl Title:
Date*.
J
Date*
APPROVED AS TO FORNI
AND LEGALITY.-
Tylei�f. Wallach
Assistant City Attorney 01
A'S
112
A TED '
ell
ary a scIr 00MOO
lip ;144
City Seer," ary
Contract Authorj,zation:
01
No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH9 TX
1'emporary L,icensle Agreement with CMJ Engineering and Teijig
STAI'E, OF TEXAS
COUNTY OF "I"ARRAN"I"
The fore *ng
instrument was acknowledged bI efore me on this day of
2013 bI L,-.b IV S (0w), of
Y SaIn
The City of Fort Wcrrth,, a horne rIule municl"pality, oil behalf of"'sal'd
municipality.
"m, U, I W"k I LIA-
7
LINDiA K j,jjRRL1,NGEq 6iar�Pubfic, State of T
MY COMMISSION EXPIRES exas
February Hf t. uvc�cy
Printed Name:
- L�n
My Commission Expires:
Y
Notary Public
STATE, OF 'TEXAS I ST ATE OF TEXAS,
vy comni.,Exp 03108,12oi4
COUNI"Y OF TARRANT
The forego'ng instrument, was a nowliedge befQre, men on this, day of
20, by
f
on behal of said Company.
0
Notary ubill ate of
PrintedN awe-,
My Commission Expires7�jl
"remporary L,iceasie Agreenielit with,CMJ Engineering and Testilig 6 of 6
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