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Home My WebLink About026495 - General - Contract - Seyforth Roofing Company, Inc. CITY SECRETARY CONTRACT NO. 9� CONSENT _AGRt FNIE1i T FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNT' OF TARRANT TIES AGREEMENT is made and entered into by and between the City of F ort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Offlciai, F rinatter referred to as the "(-1ty,. an Seyforth Roofing Company. Inc actino by and through its duly authorized Vice President hereinafter refen-ed to as "Grantee*'. WITNESSETH: i . For and in consideration of the paymz nt b., Grantz-e 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 i}1t CTlil'_ 'rld r on :n �t'ir abo•. '1 C C �?�t5. �� lde�val'.� or otl':e.r public riv:nts-of-way as follo xs: Third Street between Commerce and Main (Northern two lanes and sidewalk) . Off MINIM f The location and Ciescrlption of said encroachment Is tnore parllclli?riv described in Exhibit 'B" attached hereto, incorporated 'herein and made 'All C�, OJ: rtrn -S �J. 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 'w'orks of City. 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 North for temporary use or occupancy of public property. The estimated total _ J µ111V iill� VL J11�1 lvv 1J Srtr Q e.� l� x• o-� �l i = -�� 0 3�� TOTAi- ,. O0 0�' e) M 2 i G.a....e, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices o- 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 -^::nV installation, reinstallation, relocation or repair of an y existing or future traffic control device or improvement owned or construe:--; by or on behalf of the public or at public expense is made more cos:' - by virtue of the existence of such encroachment and use, Grantee s?il pay to City an additional amount equal to such additional cost as d--:---mined by Cit-V. 6. to Th-- :--rm of this agreement shall be for If days, from V to t 01 provided, however, should the need for the encroachments granted h---eunder at any time cease, Grantee agrees to immediately notify Ci , of such condition; and, upon receipt of such notice by the BLi:l ll!` �.!tC a' ll! l!iG L.lt� lit 1 oa l ai, J d`{i:, terminate. i"'u))P N- M EEC= cm NCO EY 3UPPI1C3, I11a[C.11a13 v', VLII .I {.iiv�i�aL.7 ......,. ------- �ti?C�ri tn� '-`'�vii� r't�11CJ-U�-��'u�• JV11V•YYllly i�.iiiii,,..,,L�.:: ,'� t..._ Cnris�sit Agreement. in 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 T by t1le r o�.�i�*>>rP and that City cannot contract of the Mate of Cxas or �y ��,. L,.�.�.u��.. , a«-ay 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 governin, 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 arc, uses. 1!. Grantee agrees to pay promptly when due all fees, taxes or r provided for by this aOEDO greement or b}' any federal, state or local sta ted � ,� �- law or regulation. j� �� 8 Fay. 6 Grantee covenants and agrees that it shall exercise all rights and ._., c -ante hereunderan n even cent contrQc or a of s a.,_1 . .. `mss v �.,1. as , i a and n.. a_ ofricer, agent, servant or employee of City; that Grantee shall have e .cl�.ai e control of and the exclusive right to control the details of its operations and activities on said described public propem, 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 su-, e-:o- shall not apply as between City and Grantee, its officers, agents, se an.� employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Cite a:-: Grantee. 14. Grantee covenants and agrees to indemnify, and does hereby 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 pe--so,-IS, of whatsoever kind or character, whether real or asserted, U Ji ^vr in co.`l�n..''.ct:on. ::-.tl:, dir"�•i�• nr indire`•;y ;hc_ maintenance, occupancy, use, existence or location of said encroachment and uses granted hereunder, whether or not caused, in wholt- o- in part, by alleged negligence of officers, agents, servants, lmaQU � 0 Certiflcat-c of insurance annuaii; to Ci -; on the a iy.'rJ i R; date of the execution of this agreeinent. Grantee agrees, binds and obligams UsK, N sv,ccessors and assigns. to maintain and keep in force such public liability insurance at all times during the :erm 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 is and agree,. that it tiitll nCt assign all or any of its V 1Qllle.. C.+VyelluiuJ u1w kj�bbJ .J.. J rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment v,,,ithout such prior tivritten approval shall be void. 17. This agreement shall be binding upon the paries hereto, their successor s 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 ,.heli r,e ; j arranT Iv ou7,*•.. T ex;�5 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. M M'J� 9 . RIM HMO w 10 STATE OF TF L-4S COUATY Or TARRANT BEFORE_IIE, the undersigned authority, a Notary Public in and FNP-(- te Sfafe oo . exas, on this dery personally appeared tE J,/CySAbo ,known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that he/she executed the sante forthe irposes andConsideration therein expressed) nc flip art and deed of DEvrvefy Koo tKft Ce • , and in the capacity therein stated. X16 ENL:`DER W H.AND AND SEAL OF OFFICE this �iYO da-,,- of 20-aL . VIVIAN ELAINE CAMPBELL /� 11 Notary Public C, 4 O L UQ. 3. 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