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HomeMy WebLinkAboutContract 26214 f CITY SECRETAFi CONTRACT NO Yf CONSENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT Whereas, South Park Station Inc. is the owner of certain real (property owner) property described as Lots A1B, A1C, A1A, Block 6 Ridglea Hills Addition (legal description of property) an addition to the City of Fort Worth, Tarrant County, Texas. Whereas, the City of Fort Worth own a 20 Foot utility easement along the (width of easement) 6701 Camp Bowie Blvd said easement being filed of record in volume 413 , (location of easement relative to the property) page 1047, Deed Records, Tarrant County, Texas. Whereas, South Park Station I'lesires to construct a sign on the limits (property owner) of the utility easement; and Whereas, the City of Fort Worth is amenable to said construction. Now, therefore, the City of Fort Worth, hereinafter referred to as Grantor, and South Park Station, Inc. hereinafter referred to as Grantee, agree as follows: (property owner) 1. For and in consideration of the payment of$ and other good and valuable consideration, the receipt of which is hereby acknowledged Grantor hereby grants to Grantee permission to encroach upon, use and occupy a portion of the Grantor's utility easement located 6701 Camp Bowie Blvd an addition to the City of Fort Worth. (location of easement relative to the property) 2. All construction, maintenance and operation in connection with such encroachment, use and occupancy shall be performed in strict compliance with the Charter, Ordinance and Codes of Grantor and in accordance with the directions of the Director of the Water Department of Grantor, or his duly authorized representative. All plans and specifications therefore shall be subject to the prior written approval of the Director or his duly authorized representative, such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 09-MCB ,�� VK10°�@ CVy KCICAGIN eC' a9 � ?o 3. Grantor may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public for any other public purpose. In this regard, Grantor shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but Grantor will make reasonable efforts to minimize such damage. 4. Grantee agrees that upon request of Grantor, and within 30 days from the date of such request, to relocate the wooden deck away from the easement and to restore the (encroach structure) easement to its original condition all at the sole cost and expense of Grantee and Hickman Development (indemnitor) 5. Grantee convenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of Grantor; that Grantee shall have exclusive control of and the persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Grantor and Grantee. 6. Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend Grantor, its officers, agents, servants, and employees, from and against any and all claims or suits for property damage or loss, whether real or asserted, arising out of or in connection with the construction, maintenance, occupancy, use, existence of said encroachment and uses as granted hereunder, and Grantee hereby assumes all liability and responsibility for such claims or suits. Grantee and Hickman Development shall likewise (indemnitor) assume all liability and responsibility and shall indemnify Grantor 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. 7. J COWL VP CUG'D C 0 T�Ela �'V Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of Grantor, and any attempted assignment without such written approval should be void. 8. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this � day of - _b--4l • , I 2000 GRANTOR GRANTEE CITY O�FWOVTSouth Park Station, Inc. TORM AND LEGALITY: INDEMNITOR Hickman DeVelopm2nt ASSISTANT CITY ATTORNEY BY: � c Date A ITT E-0 I 22o CONTRACT AUTHORIZATION CITY ECRETARY Date Date F E�L��L'ULEY H0 V15 . STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appearedDavid E Mitchell , 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 for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 J day of .,.,.... Notary Public in(And for the State of Texas ........... ' rye=. 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