The URL can be used to link to this page

Home My WebLink AboutContract 26187 0 00 a5 (. � OU CITY SECRETARY CONTRACT NO. SCP CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official, herinafter referred to as the "City"' and L/NQEcr, Cous7euc-nuN Coo.pe2A71oN > acting by and through its duly authorized Ex,ec,urwE U/CE PICE-140EM7- AND CHIEF CPKAnK)(c omce ; Cxuuc 6itFCo , hereinafter referred to as "Grantee". WITNESSETH: For and in consideration of the payment by Grantee of the charges set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to temporarily encroach upon, uses and occupy portions of the space under, on and/or above the streets, alleys, sidewalks or other public rights_of way ac follows: SIDEWALKS AND LANES 1900W &Y FOOCTH S=667-, JbNES Ss r 7-) RtcW SN5&T A*,D CALHOuN ST46ET. PH%SE - Ptitm1-r 00�2LS0148 CL 33o g}sT 1bv271Y Sj, su/m 100; Fl Ctke*., 7X 761102 FFI: S32- elt(p OFFICIAL WORD cff K11:1201111Y JTXJNH,H "1?7 The location and description of said encroachment is more particularly described in Exhibit `B" attached hereto, incorporated herein and made a part hereof for all purposes. 2. All use and occupancy of public streets, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, under, on or above the surface of the public rights-of-way involved. 4. Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion of the public rights- of-way as described in Exhibit "B". Said fee is calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth for temporary use or occupancy of public property. The estimated total amount of said fee is ot-4v 9,81S &F ; 1W DAYS * *.OIZQjy = 8y,55, yy IrI C UGr:'`��CCORD Ir U u 11'e��` U�L511WUSrU 2 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices or other improvements affected by such encroachment, use and occupancy, including the securing of approval and consent from the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future traffic control device or improvement owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by City. 6. n l3 h e term of this agreement shall be for days, from`J��Z��bP! to provided, however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by the Building Official of the City of Fort Worth, this agreement shall terminate. -- --- 3 7. It is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, under, over and upon the public property as located and described in Exhibit "B". This agreement shall not be construed as the granting of a permanent easement, encroachment or license upon City's public streets, alleys, sidewalks or other rights-of- way. 8. City, through its duly authorized representatives, shall have the full and unrestricted right to enter upon all public rights-of-way for the purpose of making inspections to determine compliance with the terms, covenants and conditions herein. In the event that any inspection should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Building Official for the protection of public health or safety, City may terminate and cancel this agreement. 9. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public___.__ rights-of-way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public Works OF h , duly authorized representative and in accordance with then existing City specifications, and Grantee shall remove all barricades, equipment, supplies, materials or other property from said location. Grantee further covenants and agrees that for a period of one (1) year after the termination of this Consent Agreement, Grantee will repair all conditions or damages too the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or other rights-of-way, as determined by the Director of Transportation and Public Works or his designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from the Director of Transportation and Public Works or his designee. All repairs shall be performed in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, ordinances and City specifications. In the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the right to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions which in the opinion of the City are necessary to bring the public rights-of-way to the condition prescribed herein, and City shall not be responsible for trespass or any other damage or liability in connection with such removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for same by 00 RD City. r0rV s E FT. WDO[C41TH Fla Nothing herein shall be construed as a waiver by City to enforc , penal sanctions prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued encroachment 5 upon the public rights-of-way following termination of this Consent Agreement. 10. It is further understood and agreed between the parties hereto that City holds the city streets, alleys, sidewalks and other public rights-of- way, including the portions of such streets used and encroached upon as described herein, as trustee for the public; that City exercises such powers over the streets as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City, to wit, its City Council, should at any time during the term hereof determine in its sole discretion to use or cause or permit to be used for any public purpose the said encroached portion of the streets, then this agreement shall be automatically canceled and terminated. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. � J �: 12. Grantee agrees to pay promptly when due all fees, taxes or rentals "M )( provided for by this agreement or by any federal, state or local statute, law or regulation. 6 13. Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder as an independent contractor, and not as an officer, agent, servant or employee of City; that Grantee shall have exclusive control of and the exclusive right to control the details of its operations and activities on said described public property and all persons performing same, and shall be solely responsible for the acts. and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend City, its officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the maintenance, occupancy, use, existence or location of said encroachment and uses granted hereunder, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City; and grantee hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for such claims or suits. Grantee shall likewise assume all liability and responsibility and shall indemnify City for any and all injury or damage to City property, arising out of or in connection with any and all acts or omissions of Grantee, its officers, agents, servants, employees, contractors, subcontractors, licensees, invitees or trespassers. 15. Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "B". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $1009000 Bodily injury, per person $2509000 Bodily injury or death, per occurrence $5009000 With the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the ��G�y�l � Building Official of the City of Fort Worth. A copy of such Certificate c f Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 8 Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all of Grantee's contractors. 16. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment without such prior written approval shall be void. 17. This agreement shall be binding upon the parties hereto, their successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this agreement or out of the use and occupancy of City property as permitted hereunder, venue for said action shall be in Tarrant County, Texas. 19. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. Tur FQQ11'#�15 _,VM?g M. 9 EXECUTED This day of_l 'FPIE11-16& , 2000. GRANTOR: GRANTEE: CITY OF FORT WORTH BY: BY: BUILDIN OFFI IAL ? APPROVED T ORM A LEGALITY: rr�� y-/? ��t� �S oj4tlt;�— TITLE �n� CI Y ATTORNEY DATE:- w( &-t v 2, ITY SECRETARYDATE: k)0 rni"(-� R,C-�Qu Contract Authorization Date ry l TUY Ml"CMM 10 STATE OF TEXAS COUNTY OF TARRAA7 BEFORE ME, the undersigned authority, a Notary Public in and For the State of Teras, on this day personally appeared ,known to nre to be the person whose name is subscribed to the foregoing iiistrur»ieitt, acid ackiiotvledged to nre that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of , and in the capacity, therein stated. GIA'UNDER AfJ' 4ArD A11D SEAL OF OFFICE this � ' (lay of -y ILL,U/, O 2 Aff an t l ------------- --- - - - -- MCu EL¢aeM AGUR.EPA NOTARY PUBLIC e State of Texas 1\'otnry Public in andfor r "'omm. Exp. 01-03-2N, The State of Teras :-.arm«a.wv^.,ur...N.dffipP, ov STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary P�blic in and For tl: State of Texas, on this day personally appeared M vA G �ed— ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same ort e pu oses an consideration therei expressed, as the act and deed of n brp olh.S 40AM and in the capacity therein stated IVEN UNDER MYHAND AND SEAL OF OFFICE this day Of 20-Z-)� Afftant & I v a -, 4:�et -, Title Notary Public in andfor SNDA 8 The State of Texas "°r y � State at Text carKn.�.10,29,Zpq� uFFICBad HCH°o 12 R. K N IN F&o Vu UU- JLnlri "11"' Liuu"un t,u11aLIUl IIUl1 1V Luu-1Y1K11Y J11, YY VK 111 ruuUuuL ct# zood 11Y90:00 00-9Z--(,0 9z5l; nbA P OATi<�IDO� 1`-��i18s1� Coryvrrt�on of Texe�/trloual l 8181 i �Y AND NO RMIKP3 UPON THK CAM71MOM P.0.sox S74C9. HOLDER. TM CA-M DOES NAT AMEM F. UM oft . TX 77327 AL- M THL APPOAOW BY TNs P000� BELOW. 1713)961.9800 Ahtl�APFURDING COVWAQ U 0IlaOf ii4Ad ANY d lFlYsurencs Company /1�0 G014'ANY 13 UNDICK CONSMUOTION CORPORATION P.a.POR 22600 HOUSTON 7X 77227 DAW f., THIN Is TO CaR7 o:V THAT TF IE POLKJi>�OF INeIJRANCG U61 EO BEI DW HAV! Ro� 09UED TO TH IN9UREO NAMkO ABDVE FOR THE POLICY P8Rf4D U ATPD,NOTWtI'HOTANOINO ANY FIWIIIREAONT, 7rgRM OR CONDITION OP OR DOC MENr WITH F16SPECT TO WHICH THOI CIMPICAT8 MAY 99 IMBUED OR WAY PWMN, THE WSMA"AP MI110 E r0XMIS =0 HEREIN 19 VJBJECT TO ALL THA TERM. 013MUNGINS AND COgGMIS OF SUCH POLI M LIN"SHOWN MAY HAVE BRAN R@DUCGD BY 10 CLAD M POLICY wwwn Pal= Tell TlfMto�Ir1s1A1Aeais saLJcv nprleen rd!Irtss 118 W17E proW00�V1q DAIS olY'rl A GUMM90501 20-0E, ilas a ZOO 2,061.000 x 2.000,000 CL"MAW pp 1 os• 000 poiaIM20mma 6 1.000.000 100.000 l0 Oe0 A Will TEXAS TAP203o90401 2008C.1999 000 1,000,000 A X mYA1n0 013 DAP209Q90901 20-DEC-1908 2pOp O ODBoI�EUMIT 1 Y AU QWNWA= 8013Lrf0m s SWOOK ILW ALMX (PPP-01 x WMA MM , 00MY9QURY s x �wNov Auroo 0%1 PA U nrPAMAW s yrrnvin �..Mw Acc AQOT ARM e tLAallmr I�rolsl Te A COWnWII"I'MAMP CZ00090201 zeaPer1ago 2"1 000 x 01P'tAYpel'LIls1[!iY i.000.ooC x oft 1 OOe 001 1.QAO:Oe1 AIM EXHIBIT G%*0Fw4=0wcw1PU%*Mw P11--I NIMIll"W% Fart Worth PTOJeCts � WOULrr ArfY Or ADUK KBOMM POLCM IM CaNa8l,l v p9PM 711E tl%fa> "M DI►Tt WE IIOR'YYSJ.enAYOM To ML s0 DAVIS Banos as � ®Ta Ira 18rr, off OF Fr.WOM {IVT wlAli�v .UGJI NOT1clt fK1�"G""'"On ummiv 1000 THROCKMuffivi FORT WOR"tN IX 78102 /tJutl �e aTaa a C�r .1 — NOR�I-)w* 2 Las,NO, 1 i-----i--------- .---�--ilii------------.-------- ---------------- ---------------------- — i-----'i1 r.P.,------i .----.—lilll.'.T+•Y.i—iii--..i—I�-----i—�.�� U Building Entrance Closed During Paver Work on Phase 2 1111111 Only .,. LJok F—to Prekd Mmb 1�1�1;ISTREET RENTAL 1614.9 SF Street Rental 1619 SF x17S days x$.0 $5692 1111111 ' 111 1111 ' 1;1;1j1 111 ]1111111SIDEWALK RENTAL- Rehearsal • 1111111111 �� 1111111 1 et 419-M FortWorth, TX 76102 Total Phase I=2818 SF1111111 , 1111111 1,1;1;1 D. . 005TOTAL OU 702— -- - 1111111 - - - — - 1;1.1;1 OF MPhase , 111,111 ;1;1;1110RE 47016 To ililil71 ililil 1111111Existing Parldng Lot - 1111111 - 1111111 FOR • RECEIVE AN INSPEC71ON � 1111111ALL ..• . ., . PAVVERS OR OBSTRUCTOM ARE 1111111 . ' .1 Project . LI;14;1Staging 1■1.1■I -77 UnbeCk PAFW Rehearsal Hall Phase 11 Site Utilization lAA, �„------ice AAL--�----i—• 1 � . • it • • - u