HomeMy WebLinkAboutContract 45365 aa
1,
SECMARY N '
CONTRACT NO$,
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TEMPORARY Y LICENS ;AGREEMENT BETWEEN THE CITY" OF FO RT WORTH AN
BURY--DFW,.INC. FOR NORTH Z.BOAZ COMMUNITY PARK
"this Te p orary License Agreement (this "Agreement"') is entered into► an this 27 th of
January, 2014 ("Effective Date" by and between the City of Fort Worth, Texas, a home-rule
municipal corporation of the State of Texas, ("City") and Bury - DFW1, 'Inc., ("Company"), a
Texas for-profit corporation.
WHEREAS, the City owns a certain piece of property known as North Z. Boaz
Community Park ("Park"), located at 3200 Lack and load, ;fort Worth, Texas � ark"
WHEREAS, Company de6'ires W use p ��. 1 �L.� �� J� p
1 fon-n topographic
survey,- and
WHEREAS, the City as reeved the Company's request and agrees to grant the
Company use of ,a portion of the Park in accordance with the terms 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 is hereby acknowledged., and in consideration of
the covenants contained herein, City and Company agree as follows
. License and pu ose. City hereby grants to the Company a non-exclusive license to use a
portion of the Park as depleted in Exhibit A, attached hereto and incorporated herein,
("Licensed Premises"') for the purpose of'topographic surveying and for no other purpose.
2. Term. The term of this Agreement shall he for thirty 3 consecutive days, beginning on
'the Effective Date.
3. Termination. The City may terminate this Agreement, without cause, upon five 5 days
written notice to, the Company or 'Immediately upon a breach of this Agreement by the
Company.
4 Use net Exclusive. This Agreement ent and all rights granted to Company herein are strictly
non-exclusive. The City reserves the right to enter into and grant other and future
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licenses, leases, and other authorizations, for use of the 'ark and Licensed Premises to
ether ersons and entities as the City deems appropriate in accordance with applicable
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law, provided, however that in granting subsequent authorization `car use the City will
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not allow a use that will a reason .bly interfere with the Company's use of the Pa.rk as
provided herein. This Agreement, Aces not establish any prix "t or t
'FFIC
y Company p eLW j C 1,E Ry I t
Licensed p'rern��es h � � ��� �r h an resent �r future k�
Temporary License Agreement with Bury -DID"W,„I
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 licensees and other
pe it 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,.
110, its officers, agents,
5. Liabilit company covenants, and agrees to release City, I
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 omission complained of is the result of the gross negligence or
willful misconduct of City. Furthermore, City shall not be liable 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 (30) days,unless otherwise agreed to by the parties in writing.
7. INDEMNIFICATION, COMPANY COVENANT'S AND AGREES TO, AND, BY
THESE PRESENTS DOES HEREBY 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., RESULTING FROM, OR IN ANY WAY CONNECTED
WITH, THIS AGREEMENT OR THE COMPANY USE AND OCCUPANCY OF
THE PARK, WHETHER OR NOT CAUSEDJN PART,BY THE NEGLIGENCE
OF OFFICERS, AGENTS, OR EMPLOYEES,, OF THE CITY- 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
Temporary License Agreement with Bury-DFW,Inc. 2 of 7
RESULTING FRO THE GROSS NEGLIGENCE OF OFFICERS, AGENTS 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 Coy mpany"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,
employee, servant,, or representative, or (ii) 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.
To THE CITY: To COMPANY:
Director Bury-DFW', Inc.
Parks and Community Services 531 Harvest Hill Road, Suite I O�O
City of Fort Worth Dallas, TX 752301
4200 South Freeway, Ste 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_ Sa 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 Bury—DFW,Inc. 3 of 7
..........1--1.I-.......... .........._ 1 1
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 MAjgurq. 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, n*ots.-, epidemics,
public health crises; earthquakes; fires'; floods; restraints or prohibitions by any court,
board, department, commission, or agency of the United States or of any state;
declaration of' a state of disaster or of emergency by the federal, state, county, or City
government in accordance with applicable law-1 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, in 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
f,t.
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. Bindjpg_Effect. The terms and provisions of this Agreement shall inure 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. Entire Ageement. This Agreement contains all of the agreements between the parties
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 Isamu t . Nothing herein shall be deemed to limit or waive the sovereign
or govenunental immunity of City or Company.
Temporary License Agreement with BuryDFW,Inc. 4 of 7
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18. Ass er . This Agreement, in whole or in part, is not assignable by either party,
without the express written consent oif the other party. Any atteMpt to assign this
Agreement without the required consent is void and without force and effect.
By executing this Agreement, Company agrees to and accepts, the terms, conditions and
provision contained herein..
CITY OF FORT WORTH.- BURY- QFW-j-'1NC4
Nr u
� fan Alanis Name.
�w-)(ss st nt City Manager Title:
w
Date e Date
APPROVED AS TO FORM
AND LEGALITY
Tyleef. Wallach
Assistant City Attorney
ATT S
City Secretary
Contract Autholfization:
No M&C Required
0 OFFICIAL RECORD
ary saotairARY
aTH I ITX
Temporary r License Agreement Frith Bury— F ',Ire
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STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this day of
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20 14 by ........;,p of
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The City of Fort Worth, a home rule municipality, on behalf of said municipality,
Al 0#14,##
Notary Public, State of Texas
UNDA M.HIARL,INGER
..MY'COMM,ISSION EXPIRES P n ntd Nam : 1
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My Commission Expires*.
STATE OF TEXAS
COUNTY OF TAR RANT
The foregoing instrument was acknowledged before me on this w:z9 day of
2014 by Ar a- AC 1/.;4 M s
of A)c on behalf of said Compan
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Notary Public, State of Texas
Printed Name.- Z)VtV
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My Commission Expires,*. 740
DONNA MCCALLUM
WNY pwlc�Mo of Tws
W Owndaft E*w
sio I I CWM
DECEMBER 6,2016 W
ZwOrep NOW
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Temporary License Agreement with Bury—DFW,Inc. 6 of 7
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Temporary License Agreement with Bury—DF W,Inc, 7 of 7