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Home My WebLink AboutContract 42005 (2)CITY OF FORT WORTH AGREEMENT FOR THE INSTALLATION OF BIKE RACKS THISAGREEMENT ("Agreement")/ 3 %ll is entered into this day of 201L, by and between the CITY OF FORT WORTH, a Texas municipal corporation 'City") and it X 4S lac sle a (A n le‘.5;47 located at /a' / sec%r S f- ("Owner"). t h 5 h //4 Merv.. 41- I Sl s' cane, elect. Sf WITNESSETH: CITY SECRETARY, NO, �°`E WHEREAS, the U.S. Department of Energy has made funds available to the City through the Energy, Efficiency and Conservation Block grant to purchase and install bicycle racks ("Bike Racks") throughout the City of Fort Worth; and WHEREAS, the City is responsible for overseeing the purchase and installation of Bike Racks through this program; and WHEREAS, Owner is located in the City of Fort Worth and agrees to have one or more Bike Racks installed upon its premises; and WHEREAS, City has agreed to install Bike Racks upon the Owner's premises, and the Owner agrees to maintain and repair them. NOW THEREFORE, in consideration of these recitals and the following terms, the sufficiency and adequacy of which are hereby acknowledged, and as evidenced by their signatures below, the City and Owner agree as follows: 1. Right of Entry. Owner hereby grants the City and its employees and agents access to, on, and over such of its property as is necessary, in the City's sole opinion, for the installation, and subsequent inspection, of the Bike Racks at the location(s) identified in Exhibit A. 2. Release, Waiver, and Discharge. City covenants and agrees to be responsible for its employees and agents for damages or injuries related to the City's installation and inspection of the bike racks and presence on Owner's property during said times. Owner covenants and agrees to be responsible for all claims for damages or injuries to persons or property arising out of or relating to Owner's negligence during the installation, maintenance or use of the Bike Racks. Owner further covenants and agrees to obtain and keep in force during the term of this Agreement an insurance liability policy providing for bodily injury and property damage insurance naming City as an additional primary insured with a certificate evidencing such insurance. 3. Indemnification. Owner agrees to defend, indemnify, and hold the City harmless from any death, personal injury, or property damage, resulting from the maintenance or use of the Bike Racks. 4. No Inverse Condemnation. In no way shall the City's installation of the Bike Racks, and presence on Owner's property, be construed to be a taking or inverse condemnation of any kind, and Owner hereby waives, and shall ntlernancireorrtensation, as a result of the City's presence on the Owner's property. OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX 5. Covenant Not to Sue. Owner agrees to forever refrain from filing or otherwise initiating any action, charge, claim, demand, grievance, or other legal action against the City over matters released or waived herein 6. Installation of Bike Racks. City shall install the Bike Racks according to the manufacturer's specifications. City may utilize a third party contractor for installation work. Determining whether the installation is complete shall be within the sole discretion of the City. Once the Bike Racks have been installed, they shall become the property of the Owner. 7. Maintenance, Repair, and Inspection of Bike Racks. Owner shall maintain and repair the Bike Racks as necessary. The City shall not have any responsibility to maintain or repair the Bike Racks after installation. The City shall have the right to inspect the Bike Racks for a period of three (3) years following their installation in order to determine if they are being appropriately maintained in good repair. 8. Accessibility and Relocation of Bike Racks. Owner shall keep the Bike Racks accessible for public use following their installation. Should the Owner desire to relocate the Bike Racks, Owner must first obtain the permission of the City. Bike Racks may only be relocated to locations approved by the City. 9. Removal or Reclamation of Bike Racks The City will remove the bike racks upon formal request by Owner for up to six (6) months after installation or by July 1, 2012 whichever is sooner If Owner fails to abide by any of the terms of this Agreement, or if any warranty or representation made herein is determined to be false, the City may (but shall not be obligated to) reclaim the Bike Racks installed upon Owner's property, without waiving the releases granted herein. 10. No Warranties. The City does not make, and expressly denies, any express or implied warranty as to the design and construction of the Bike Racks, or the manner of their installation. 11. Authority. Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement, and such instruments as are necessary to convey any of the rights purported to be transferred, herein, on behalf of the party for whom he or she signs, and that his or her signature binds such party. 12. Entire Agreement. City and Owner agree and acknowledge that this Agreement contains and comprises the entire agreement and understanding between the parties, with respect to the subject matter hereof. All prior understandings, representations, and agreements are merged into this Agreement. No representation, promise, covenant, or agreement of any kind whatsoever, other than those recited herein, have been made as consideration for the release and discharge effected by this Agreement, and Owner gives this release and discharge for the sole consideration recited herein. 13. Miscellaneous. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas. This Agreement shall be binding upon the parties hereto and their successors and assigns. This Agreement may not be modified, except by a writing duly signed by each of the parties hereto. This Agreement may be executed in one or more counterparts, all of which shall be an original, and each of which, taken together, shall be one and the same instrument Any notice hereunder shall be in writing, sent to each party at the address shown below, by hand delivery or registered mail. 14. Acceptance of Terms of the Agreement. Owner agrees and acknowledges that it has been given a reasonable period of time within which to review this Agreement and to consider its options fully, including the legal claims and rights which are being released, and its obligations under this Agreement. Based upon its review, Owner acknowledges that it fully and completely understands and accepts the terms of this Agreement and enters into it freely, voluntarily, and of its own accord. IN WITNESS WHEREOF, the parties have executed this agreement on the day and the year first above written. CITY OF FORT WORTH (SEAL) A By: Marty Hendrix City Secretary - ,tip PCI9"Q° icy tag {. Pik \--go 0 Abe Fipeo Ca wed 8 c).‘ csit oo 0" 444; itskaktiz.:50_," R ommended fpproval epartment Approve w as to form and legality Douglas W. Black Assistant City Attorney \ ,..,____, ,°' OS)-1;PY f/ J`rc ; wliith Crai;\ .,7%-,,\ es*Ey 0/ a 0 o 0 0 c; t`)\ 'LP A-71 By: Assistant City Manager 1000 Throckmorton Street Fort Worth, TX 76102 i Me. Etie;Lcir, Print Name Title a o I WesIe1c.n.. S . Won 1-1-‘ � -TX 76 los' Address OFFICIAL RECORD CITY SECRETARY FT. WORTH TX tarevartrical erCREQUIRED Bike Rack Installation Exhibit A Install 2 Racks 1 • Install 2ri - Racks TEXAS WESLEYAN UNIVERSITY SCHOOL OF LAW 1515 COMMERCE ST 4t • Legend Bike Rack Location FORT WORTH iumni%Firr 0 15 30 60 Li l i Feet