HomeMy WebLinkAboutContract 45450 „,*
J
CONTRACT
TEMPORARY LICENS E AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
A Trr GATHERING,G,I LC FOR HIGHLAND H LS PARK.
This Temporary License Agreement ("Agreement”) is entered into on this of
, pan lrth__ 1 4 ("Effective Date" and between the City of Fort Worth, Texas a
h me-rUle rnunici a1 corporation of the State offexas ("City"'), and Barnett Gathering, �, a
Texas limited liability company ("Company").
WHEREAS, 'the Ci,ty owns a certain piece of property known as Highland Hills Park,
located) at 1600 Glasgow Road, a rt worth, Texas ("Park"),
Coni any desires to use a portion of the Park to perform sur eyin and
WHEREAS, the City has reviewed the Company's rest and agrees to grant the
Cor i arry Lise of a portion of the Park- in accordance with the terrors and conditions of this
For and in cons id r ti n of Ten Dollars and No Cent ($10.00) and other good and
valuable con i er t on, the Sufficiency of which is hereby acknowledged, and in coins,i er tin of
the covenants, contained herein, City and Company agree as follows-.
1. License and ur w City hereby grants to the Company a n -ex l rSi e license to it,ise a.
portion f the Park as, d,epicted in Exhibit A, attached hereto and incorporated herein,
("Licensed Prernisi " car the purpose of si.,irveymg and for no other purpose.
2. T.errn. The terror of s Agreement s,hall be. for thirty 3 consecutive days, beginning on
-the Effective Date.
3. T rniination. The City may terminate this Agreement, without cages, upon five (5) dIays
written notice to the Company or immediately Upon a breach ofthis Agreement the
4. Use not Exclusive. This Agreement and all rights granted to C rnpany herein are strictly
noin-exclusive. The City reserves the right to eater into and grant other and future
licenses, lases, and other authorizations for use of the Park and Licensed Premises to
other persons and entities as the City leern
law; provided, however, that in granting subsequent authorization or use, the City will
not allow a 'use, that will Unreasonably interfere with the Company IS rise of the Licensed
Premises as provided herein.. This Agreement sloes not establish any priority for the use
of the Licensed Premises by C rn any or by any present oir 'future licensees or rather
pg}7ylY,ra'M<':YdVnll YMItlMIYMNIMIMIMYX pute as tlMMNJVIUI,hit'faMIIIUININUNNBNIIIMVVIIIIIIR'N111NlfMYIAMitlll'MNiV�IUdNU��M�'MUIVVIIPINNWBIMMud'K�IYYIMQIWIVI;NIVO ,
permit holders. 1n the event f a R� r� t arty of use of the Licensed
O
FFICIAL, i'y!16,ri 61114
"r" rnpor r°License Agreement ith Barnett T th ring,LLC
C11", �Ih a dil l M �i4 RECEIVED I oF
20
W,
,,, Mri ri;9mnrr, .rn miP, : u�'mr+Ywaiuynuw,arrorrazurrrtrudwNwNmMMM'cu'Imm'YIYi
Premises, the first priority shall be to the public generally, the second priority to the City
in the performance of Its vat-10LIS fUnCti0l"IS, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, ilICILICling the
police power and other powers reserved to (And, conferred on it by the State of,1"exas.,
51. Liab Coniplany covenants and agrees to release City, its officers, agents,,,
representatives, servants, and ern ployees, frorn and against any and all clairns or suits for
property damage, personal in,j,ury, or any other type of loss or adverse consequence
related in any way to the existence of this Aareement or the use and apc ncy of the
Park,, unless SUch act or omission coniplairied of is the reSL11t Of tl"ie gross negligence or
willful misconduct of City, F'urth erg iore, City stiall not be liabile to Company f'or any
damage or theft of Conipany's eqUiplTient, Tit s, or other contents, except when
caLlsed by the willful miscondLiCt 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, darn,,(-Iges reSLIlt to the Park or Clity's park facilities',
Company shrill repair or restore sanie as, near as possible to their pre-existing condition
within thirty (310), calendar days,, unless otherwise agreed to by the pat-ties in writing.
7. INDEMNIFICATION. COMPANY COVENANTS AND AGREES TO, AND BY
THESE PRESENTS DOES HEREBY F . LLY INDEMNIFY, HOI_.jD IJARMLESS
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 WHA rj,,SOEVER, WHETHER
REAL OR ASSERTED, BROUGH-f .FOR OR ON ACCOUN T OF ANY INJURIES
OR DAMAGES 1-10 PERSONS OR, PROPER"I"Y, INCLUDING, BUT NO"I"
LIM41 1%ED TO, DEATH,, RESULTING FROM, OR IN ANY WAY CONNECTED
WITH THIS AGREEMENT OR THE COMPANY USE AND OCCUPANCY OF
T HE PARK.,1 WHETHER OR N'or r CAUSED, IN PART, By r 111E NEGLIGENCE
OF' OFFICERS. ACT'ENTS, OR EMI`ILOYEE�S. OF THE CITY'-, PROVIDED,
HOWEVER, THAT 4"HE COMPANY SHA.1jL HAVE NO LIABILITY OR
LIGATION TO INDEMNIFY, HOLD, HARMLESS OR DEFEND WITH
RESPECT "1"0 ANY INJURY OR DAMAGE TO PERSONS OR, PROPERTY
RESULTING FROM THE GROSS NEGLIGENCE OF OFFICERS, AGENTS OR
EMPLOYEES OF THE CFI'y.
Teriiporary 1-icense Agreement with Barnett Gatherl'ilig,LLC 2ol-7
ro
8. Limitation on Use. There shall be no eqUipment on the Licensed Premises within 48
h0Ljrs of a rain event. J"lie 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. Coi-Tipany shall, at its own cost and expense, comply with all
applicable laws, Including, but not limited to, existing zoning ordinances, governmental.
rLdes, and regulations enacted or proniu I gated by any govern rn enta,I authority and shall
promptly execute! and fulfili all. orders and requirements it-nposed by Such govern men ta]
Ott r the correction, prevention and abatement of nuisances, in or upon or connected
n !
with said premises because Of CO111pany'S Use thereof.
10., Notice. All notices required or pert-nitted Under this Agreement shall be conclusively
determined to have been dellivered, when (i) hand-delivered to the other party, its agent,
employee, servant, or representative., or (d) received by the other party by reliable
overnight courier or United 'States Mail, post(agle prepaid, return receipt requested, at the
address stated bel,ow or to SLich other address as one party may from tine to time notify
the other in writing.
'_two COMPANY:
1" C o,T HE I'TY
Director Attn.- Cameron Cook
Parks and COMMUnIty Services Barnett Gathering, LL,C
C,ity of Fort Worth 81 Houston Street
4200 South Freeway, Ste 2200 Fort Worth FX 761012
Fort Worth, Fexas 761151
With a copy to.
Department of Law
City of Fort Worth
Attn: City Attorney
10 0 0'T h ro c 1 ni o il o n
Fort 'Worth, Texas 76102
11. Pubilic S t Company shall be solely respionsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the Con any' use or
the Park.
Temporary License Agreenient with Barnett Gathering,LLC 3 o10
12. Haz,ardOLIS Materials. Under no circumstances will the Company use or cause to be used
on the Park an hazardous Or tOXIC SUbstances, or materials,
y I or intentionally or knowingly
store or dispose of any such substances or materials on the Park.
'13. Force M � . If either party is unable,, either in whole or part, to fiLI11"I'll its obli ations,
9
under this Agreement due to act's of God; strikes,, lockouts, or other industrial
disturbances; acts, Of PUbli vars- blockades- insurrections- riots- epidemics-
ic eneiiiies; v I
public health crises; earthqu,-LIkes; fires; floods; restraints or prohibitions by any Court,
board, department, corria-Iissiorl, or agency of the United States, or of any state,
declaration of a Mate of disaster or of ernergency by the federal, state, County,, or City
government in accordance with applicable law,-, Issuance of an Iniminent Threat Alert or
Elevated Threat Alert by the 'L.11 I nited Mates Department of Homeland Security or any
equivalent alert systenI that may be instituted by any agency of the United States; any
arrests and restraints- civil disturbances,; or explosions� or son other reason beyond' -the
.4
party's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by Such Force M 'eUre event will be SLISpendeAd 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 comniunity centers,, parks,, or other City-owned and operated
properties, and facilities, in the interest of pijbilic, safety and operate them as the City sees
fi t.
14. Choice of La," Venue, This Agreenient shall be governed, by and construed
accordance with the laws of the State of"Vexas. If any action, whether real or asserted, at
law or in equity, arises on the basis of any provision of this Agreement, venue for SLIC11
action shall lie in state Courts located in Tarrant (".ounty, Texas or the United States
District Court for the Northern District of Texas - Fort Worth Division.
15. Bin.din.g Effect. The terms and provisions of this Agreement shall inure to the benefit of
and be binding upon City and Company and their respective SLICCCSSOI-S and assigns and
shall be covenants 11111ning, with the land.
16. Eiit.,]..r,e g
A ,reei-neiit. This Agreement contains all of the agreements between the parties
respecting the subject matter hereof' and no prior representations, or stateillients, verbal or
have been made modifying, adding to, -fth's, instrument.
written, 7 or changing the terms o I
17. No Waiver Of IMIJILMit y. Nothing herein shall be deemed to limit oir waive the sovere I gn
or governmental immunity of Cjt v or Company.
"* W
Teniporary License Agfeernent with Barnett Gathering,L,LC 4 ol f 7'
...............—M
18. Assignment. l"his, Agreernent, in whole or in part, is not assignable by either party,
without the express, written consent of the other part,y. a'" attenipt to assign this
Agreement without the requii.ed consent is �oid and, wit,hout force and effect.
By exeCLIting this Agreement, Conipany agrees to and accepts the ewe s,, conditions and
provision contained herein,
CITY OF FORT WO`R"rH BARNE TT GA"IllERIM"I", Ltic
By: 31y.
isau Alam's Edwl'it S. Ryati,,.Jr.
sslistan,t City Matiagler Vice President
1)ate.- a t e,-
APPROVED AS 4'10 FORM
AND LEGALITY:
0
Z00o'
'T"yle F (a
r al lach OF P
0,00"0000
Assistant City Attorney
ATTESTED BY.-
00 '0
yser '00 0
%
0 '0
a,ryv J
City Secretary
Contract Authorizatioll'.
No M&C' Required
OFFICIAL RECORD
C11"ll"'Y' SECRET Al RY
J P
IN(IJUN
'Temporai) I.Acense Agreement with Barnett(3atheting,LLC
STATE OF TEXAS
COtJNTY OF TARRANT
The foregoing instrurnet'it was acknowledged before me it this day of
r C4\ 2014, by 'Ir
- -j - ---.1 -
The City of Fort Worth, a home rLde municipality, on behaff of said jinUnicipality.
. Ta
all
UNDA M#HRFRLINGER Notary PUbhc, State of"
IL
XPI ES Printed Nan,ie:
My COMMISSION EXPIREES
Fft ;2018
.6.m 411YA 2018 My ;,-,oniniission Expires:—,'� >—L
STA r FE OF TEXAS
COUNTY OF TARRANT
The foregoing instruj"iient was acknowledged, before rile on s
day of
14 20,14 by Edwin S. R an, Jr., Vice president of Barnett Gathering,, LL,C, a Texas
y
lh-nited liability company on behalif of salt Company,
tool
IV
CAMERON COOK
Notary Public.state of Texas
Notary Public, of Texas
1pv'� 0r W commission,Expires
Of Printed Narne: ly
Novemblet 015, 20 16
My C,orni-nission Expires.-
J-14
Temporary Lictnse Agreement with Barnett Gathering,LLC 6 ol-7
Exh i b I t A
Licensed "rileS
Teniporary License Agreement with Barnett Gathering,IJ-C' 7 of"7
............................. ............... ........... .................. ........................................... ............��,--���................
...��....m.,,�.,. awl.
r � /
I' I
it
Ili" r
X
rl
I
y I
{ I
II ,
��Pil IIII
I I
11
I
f
III
i
f �
F.ry I
II
r
/
r,
I
r / ,
r f
i
f
r
J
/
1 All
J LLJ I
/ r
/ r
/
,a
r.
,
J J
!
1 /
!1
ZE
H 1 r
Irr
if/
oil
im
N.
UJ
//'000
9J roe, !%o/,,,
; "�
OF,
," /
so,
�/ �� /AfJ,/,,. %/r :,�'�1) ,iii/� -",,,,,,,;; ✓ l/ r
.
/ /%
Ir „/: ",g,;;„tr , (�ii oi ,,
iff,
lot
.l
/
l/i r
I II, L
I
l fttllllll
a d(II
i
,
u
v ,
r /
VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
4 //' �r j/!%,/ YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYI
'(IIII IIIIIIIIII IIIIIIIIIIIIIIIIIII
�IIII I plp
uw luuuulil„Iiu ���IIIIIIiItiIIIIII� (IIIIIII
Il h lllllllll 111111 IJIIIIII
r r
luuuuuuuuuuuu
ll f,
I
r r
/ / IIIIIIIII""'IIIIIIIIIIIIIIIII
II
/r I
III IIII
i l I II
; I
r
� �,r /iii, I i if r/�� •.I �,8 /;,r,,;: // uum
r
M ,p/® / J fj uuuuuuuuuuuuuuuuuuuuumiiiiili� �„% ,,,,'
/ f !/ Ir iillliloluillllllllllll���� � „';,,
IIIIII III I
/ 6 r
6,, y
,I
/
,I I
r
rl
/
/ii,"/ ,,,�' r��i!�r� J'% iii /,/%� 1 /, I r,✓i, (�,
e
�"'" IIIIII III' rj I �r/ //ifj i fiai/r
e,
,r r
i
r
r
r,
/
�lhdyll
!'I
�I
i
rvr, I
i
/
r
r
�I
i r,,il (IIII'
pip I
N w
wI
I
1 VI J
r �lII
,
r '
dr
17%J.