HomeMy WebLinkAboutContract 46275 c
CONTRACT MO,
lqU_21 LL-
TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JND
CONSTRUCTION CONSULTANTS FOR HARMON PARK
This Temporary License Agreement (this "Agreement") is entered into on this _22-of
2014 ("Effective Date") by and between the City of Fort Worth, Texas, a home-rule
municipal corporation of the State of Texas, ("City") and JND Construction Consultants LLC
("Company").
WHEREAS,the City owns a certain piece of property known as Harmon Park("Park"), located at
1 Trinity River Levee, Fort Worth, Texas 76102, with the legal descriptions of Watson Addition, Block 1
Lot All, Block 2 Lot 1 Block 2 Lot 1 Less East Part which are depicted in Exhibit A;
WHEREAS, Company desires to use the Park to perform land surveys for proposed temporary
workspace on the Park for the installation of a Atoms gas pipeline and a City of Fort Worth waterline
through a portion of the Park; and
WHEREAS, the City has reviewed the Company's request and agrees to grant the Company use
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:
1. License and Purpose. City hereby grants to the Company a non-exclusive license to use the Park
for the purpose of performing land surveys for proposed temporary workspace on the Park for the
installation of a gas pipeline and for no other purpose.
2. Term. The term of this Agreement shall be for thirty (30) 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 not Exclusive. This Agreement and all rights granted to Company herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and
other authorizations for use of the Park to other persons and entities as the City deems appropriate
in accordance with applicable law; provided, however, that in granting subsequent authorization
M for use, the City will not allow a use that will unreasonably interfere with the Company's use of
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M the Park as provided herein. This Agreement does not establish any priority for the use of the Park
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rri by Company or by any present or future licensees or other permit holders. In the event of any
r& dispute as to the priority of use of the Park, the first priority shall be to the public generally, the
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second priority to the City in the performance of its various functions, and thereafter, as between
Temporary License Agreement with JND Construction Consultants,LLC C 9 j SrE'CRF.`1f hRV
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licensees 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. Liability. 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 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 COVENANTS 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 CAUSED, IN 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 RESULTING FROM THE GROSS
NEGLIGENCE OF OFFICERS,AGENTS OR EMPLOYEES OF THE CITY.
8. Limitation on Use. There shall be no equipment on the Park 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
Temporary License Agreement with JND Construction Consultants,LLC
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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, 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 President
Parks and Community Services IND Construction Consultants
City of Fort Worth 1315 Waters Edge Drive, Suite 105
4200 South Freeway, Ste 2200 Granbury, Texas 76048
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 Safety. 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.
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; 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; 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
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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 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. Binding 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 Agreement. 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 Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
18. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of 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: JND Construction Consultants,LLC
1
By: By:
Suso,Alanis Donny Armstrong,P.E.
istant City Manager President
Date: _ Date:
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APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wall`ac
Assistant City Attorney
ATTESTED B
J.Ka -�O°��®��°
City Secreta $ °
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Contract Authorization:
No M&C Required
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STATE OF TEXAS x
*
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this I9 day of
�u2' 1ato ,2014, by `� . _��t_ , (Al0.ht� , A, ( r of The
City of Fort Worth, a home rule municipality, on behalf of said municipality.
LINDA M.HIRRLINQER
*= MY COMMISSION EXPIRES Notary Public, State of Texas
February 2 2018
,p Printed Name: I ��u►c t'�'1 f �-1rr(itlCttr
My Commission Expires: j- j
STATE OF TEXAS
*
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this C\ day of
T .c�--t.-•� - , 201 , by
of , on behalf of said Company.
Notary 1 c, State xas
Printed Name:
My Commission Expires:03. zo ,z C)lt
EALBA M.MAUNA
Notary public
STATE OF TEXAS Comm.Exp.03-20 18
Temporary License Agreement with JND Construction Consultants,LLC
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