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HomeMy WebLinkAboutContract 34104, `� , • `` � p,f� P�'�� / � � >� ' ' � a �`�.��� , /__� � a. , l CONSENT AGREEVIENT , FOR � TE�IPORARY USE OP PUBLIC PROPERTY STATE OF TEXAS COiJNTY OF TARRANT TH[S AGREFI�IENT is made and entered into by and bet�veen the City of Fort 1�Vorth, a municip�.l corporation of Tairant County, Tesas, acting harein by and through its c!u(y atrthorized Buiiding Officiai, hereina�er referred to as the "City" and �vs�rr�l f� ��� nl � Cs�cti�'��l y t\ctit�g by �ncl th�'ough its duly anthorized agent, Hereinafter referred to as "Grantee". �VITNES�E1`H: For and in consideration of t(Ze payment by Grantee of charges set out below and the true and faithfi�l performance of the mutual covenants herein contained, City hereby grants to Grantee permission to tempor�rily encroach upon, uses and occupy portion of the space uncler, on and/oi• above the streets, alloys, sidewa}ks or otlier public rights-of-�vay as fo]]ows: �-. f ,. �EE ATt'PGHE►� SHEE� I ��i_. �. ��'� ( �`f2'r �'� The location and descriptian af said ena•oachment is more particularly clescribed in E:chibit "B" attachecl hzreto, incorporated hereiii and made a part hereof for afl purposes. Z. All use and occupancy of pubfic street, alleys, side�valks oi• othe�• public rights-of-way under this agreement shall be in strict compliance with the Cl�<�rter, Ordii�ances and Codes of the City and in accordance �vith the directions of the Building Otticiaf and tlie birector of Tr:�nsportltion and Public bt/oi•ks of City, �������� ������ C� ���R��V � ff. ����i, ��, CONSENT AGREEPAEDITfor Temparary usa of pu66c propeAyt.doc 3. TJpon expiration of this agreement and the privileges granted hereunder, there shall 6e no encroachment by G�antee in, tmder, 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 upan a portion of the pubfic rights-of-wa�� as described in E�Zibit "B". 5aid fee is calculated in tlte manner and amounts prescribed by the Building Code of the City of Fort Worth lor ternporary use or occupancy of public property. The estimated total amounC of said Pee is: �E��� L'���� ;, �%�I _�� �f3� C�tzEEM E'/�i ------ 5. Grantee, at no expense to City, s(tall make proper provision foi• the relocation and/or installation af any existing or fiittire traffic control devises or other improvements affected hy such encroachment, use and occupancy, including the securing of approval and consent from the lppropriate agencies of the State and its political subdivisions. In the event that any installation, reinstaliation, relocation or repair of any e:cisting or future traffic control device or improvement owned or constructed by oi• on behalf of the public or at public eYpense is mlde more costly by virtue of the e:cistence of stich encroachcnent and use, Grantee shall pay tn City and additional a►no�mt eql�al to such additional cost as determined by City. 6. The terin of tliis agreement shall be for �days, fi�om _Q�Z3�(o _ to � D , Provided, however, should the need for the encroachments granted hereunder at any time cease, Grantee �grees to immediately notify City of such condition; and, upon receipt of sttch notice by the Building Official of the City of Fort �Vorth, tliis agreement shal] terminite, 7. It is expressly understood and agreed tttat this Consent Aa eement is for a temporary ����- encro�.chment in, under, over and upon the public property as located and descri e����t�it�Q���� �, 11�15 ���� ������� 2 �, ��1�� �A. CONSFNTAGREEMFMTiorTemporaryuse . cc "B". Ti�is agreement shall not be construed as the granting of a permanent easement, encroachment or license upon City's public streets, alleys, sidewalks, or other riglrts-of-way. S. City, throu�h its duly authorized representatives, shall have the fiill and uurestricted right to enter upon all public rights-of-way for the purpose of making inspections to deterinine compliance with the terms, covenants and conditions herein. .In the event tl�at any inspection should reveal a breach of any teims, coven�nts oi• cotiditions hei�ein, City shall give Grantee no�ice of such breach. Should such breach not be correeled by Grantee �vithin twenty-four (24) hours of receipt of tl�e notice, or within such shorter period of time as deemed necessaiy by the Building Of�cial for the protection of public health or safety, City may terminate and cancel this agreement. 9. Upon espiration or termination of this �greement for any re�son whatsoever, Grantee shall, at no e;cpense to City, restore the pt�blic rights-of-way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public Works or his duly luthorized representative and in accord�nce with then existing City specifications, and Grantee shnll remove all barricades, equipment, supp(ies, materials or other property fi•om said location. Gr�ntee fuither covenants and agrees that for a period of one (1) year after the termin�tion of this Consent Agreement, Grantee will repair all conditions or damages to the streets and sidewall<s or other rights-of-way that h�1ve resiilted from Grantee's use or occupancy of the streets and sidewallcs or other rights-of-way, as determined by the Director of Transportation �nd Public Works or his designee. Grantee agrees to begin such repairs within thirty (30) dlys of receipt of noiice from the Director of Transpoi-tation and Pub(ic Works or l�is designee. All repairs shall be performed in an es�editious and workmanlike manner and sha(1 compfy with 111 �pplicable laws, codes, ordinances 1nd City specifications. [n the event tliat Grintee fails to comply with the covenai�ts herein containecl with respect to sncE� re►noval or restorztion, the City shall have the riglit to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions �vhich in the opinion of the City are necessary to bring the piiblic rights-of-way to tl�e condition prescribed herein, and City shall not he responsible for trespass or any other damage or liability itt connection with such removal or restoration. Grantee shall reimburse City for the cost and eYpense of such removal and/or repairs immediltely following billing for same by City. 3 CONSENTAGREEIAENTiorTemporary �ise of puWieproperiyl.doc Nothing herein shall be construed as a �vaiver by City to enforce penal sanctions prescribed by the Code of the City of Fort Worth and the la�vs of the State of Texas for Grantee's continued encroachment upon the public rights-of-way following termination of this Co�sent Agreement. 10. Tt is fui�ther understood and agreed bettiveen the parties hereto that City holds tl�e city streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets used �nd encroached iipon as described herein, as trustee for the public; that City exercises such po�vers over the streets as have been delegated to it by tlie Constitution of the State of Texas or by the Legislatu►•e; and the City cannot coutract away its duty and its legislative power to control the streets for tlie use and benefit of the public. It is accordingly agreed that if the govei•ning body of City, to �vit, its City Coimcil, shall at any time during the term liereof determine in its sole discretion to �ise or cause or permit to be used for any pub(ic purpose the said encroached portion ofthe streets, then this agreement shall be automalica(ly canceled and terminated. 11. - Grantee agrees to comply fiilly with all applicahle federal, state and local laws, statutes, ordinlnces, codes or regiilations in connection with the consh•uction, operation and maintenance of said eneroachmen[s anci uses. 12. Grantee agrees to pay promptly �vhen due all fees, taxes or rentals provided for by this agreement or by any Federal, state or (ocal statue, law or regnlation. 13. Crantee covenants and agrees that it shall exercise 111 rights and privileges b anted hareunder as an independent contractor, and not as an of�cer, agent, setvant or employee of City; that Grantee shall liave eYclusive control of 1nd the exchisive right to control the details of its operations and activities on said described public property and all persons perfortning same, and shalf be solely responsible for tlle acts and omissions of its o�cers, agents, servants, employees, conh�actors, subcontractors, licensees and invitees; that the doctrine of respondeat supei•ior shall not apply as beriveen City and Grantee, its officers, agents, servants, employees, contractors and subcontraciors, and nothing herein shafl be construed as creating a partnership or joint enterprise beriveen City a�id Grantee. 4 CONSENT AGREEMENTIor Temporary use of puWic propert�i.doc 14. GRANTEE COVE�'ANTS A1�TD AGREES TO INDEl�Ti'dI.FY, AND DOES HEI2EBY �i'VDENIIFY, HOLD HAI2iYILESS �YD DEF�IVD CTTY, ITS OI'FTCERS, AG�i+1TS, �ERVANTS AND EMPLOYEES, FROlYI A��iD AGAIi�TST AIYY riND ALL CLATVtS OR SUITS FOR PROPERTY DAl�7iAGE OR LO�S A`lD/OR PERSONAL IlVJURY, CNCLUDING D�ATH, TO ANY AND ALL P�RSONS, OF tiV�7ATSOEVER KIND OR CHARAC'TER, �VI3�'THER REAL OR ASSERTED, ARISIi'iG OUT OF OR IN CON�'ECTIOI�T i�V1TH, DIl2ECTLY OR IiVDIR�CTLY, THE NTAINT�NANCE, OCCUPANCY, USE, EYIST�NCE OR LOCATION OF SAID ENCROACHIVIENT AiVD US�S GRAI�TED HEREUNDER, WHETHER OR NOT CAUSE, II'd �VHOL� OR PART, BY ALLEGED NEGLIGEI�ICE OF OI'rTC�RS, AG�NTS, SERVANTS, EMPLOY��S, CONTRACTORS, SUBCONTRACTORS, LICEPtSEE� OR II+IVITEES OF CITY; AND GRA.NT�E I3�R.�I3Y ASSUiVI�S ALL LIABILITY AND I2�SPONSII3ILITY OI�' CITY, ITS OFFICERS, AG�NTS, SERVANTS AND ENIPLOYE�S, rOR SUCH CLAINIS OR SUITS. GRANT�� SHALL LIKEWISE ASgUN1� ALL L1ABll,ITY ANll RESPONSIBILITY A1VD SHALL TNU�MNIFY CITY FOR ANY AND AI,L INJURY OR DAIVIAGE TO CITY 1'ROP�RTY, ARISING OUT OI+ OR li!T CONN�CTION �VITH A�IY AND ALL ACTS OR OyIISSIONS OF GRAIVT�E, ITS OT+'FIC�RS, AG�NTS, S�RVANTS, �NiPLOY��S, CONTRACTORS, SUBCONTRACTORS, LICESNE�S, INVIT��S OR TR]CSPASSERS, 15. Grautee lgrees to furnish City with a Certificlte of Instirance, naming City zs certificlte holder, as proof that it has secured and paicl for a policy af pubfic liabilily insurance covering all public risks related to the proposed use and occupancy of public property as located �nd described in E:chibit "B". The ainounts of such insuraiice shall be not less that the following: Property damage, per occun�ence $100,000,00 Bociily injury, per person $250,000.00 Bodily injury or death, per occurrence �500,000.00 With the r.mderstanding of and agreement by Grantee that such insurancc amounts shall be revised upward at City's option and that Grantee shall so revise such amowit immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or ameiided tivithout at least tliirty (30) days' prior wrirten notice to the Btiilding O�cial 5 CONSENT AGREE�AENT(ar 7emporary use of pu6lic properhyl.Anr. of tlle City of Fort Worth. A copy of such Certificate of Insurance is attacl�ed as Eshibit "t1". Grantee agc•ees to submit a similar Certificate of Insw•ance annually to City on the anniversary date ofthe e;cecution of ihis agreement. , Grantee, agrees, bincis and obligates itself, it successors and assigns, to maintain and keep in force such pitblic fiability insurauce at all times during the term of diis agreement and unti] the removal of all encroachments and the cleaning and restoration of the city streets. A(I instu�ance coverage required herein shall include coverage of all Grantee's contractors. 16. Grarltee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contcact rvithout prioc written approval of City, �znd any attempted assignment without sueh prior written approval shall he v�id. 17. This agreement shall be binding upon the parties hereto, their sttccessors and assigns. 1 S. Should 1ny lction, �vhether real or asserted, at law or in equity, arise out of the terms and conditions of this a6reernent or out of tlie use and occupancy of City propeity 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 recove�- interest and reasonable attorneys' fees. EXECUTED this !� day of 'v�,�C� l.{,- 5�� , 2005. GRANTOR: CITY OF FORT tiVORTH �� ,�`�<,C!c��,� ���%ylf -l�L ��j .Btrilc�dng Official ��� :./ 6 CONSENT AGREEMENTior Temocrary use ol public propertyl.doc APPRO T O ND LFC'TALITY: � , - -- Assistant Ciry Attoiney Date � V \ '� �--� ��� City Secretary Date ��— ��-� �, _` ,, � IO�d� ?r�t�t, > �< � E ,. �� �_,�� aR��� :` _�._�_.�_ _-= r��__ , ._ � _._ ..,_,� � ���l���6 i6���Kd/ CONSENTAGREEMENT(orTemporaryuseolFu6lic rope���y �����Ap� � � ��A � ���� �� ��'� TE OF TEXAS �`aZI1VTI' O.� TARI�AIVT BEFORE 1t�lE, tlre unclet�signed �rrtfliority, n Nofr«y PuGlic in and Fot� tlae Strrte of Texas, orz this rlay personally appeared ���`%%C�/�"%l�`i i%�: �L'�C;��%?�7�L/ ,Icnown to me to be the pej•so�i ivhose nt�rne is suGscribed to tlie fo�'e�'Oliia i�ists'11i11L'ftt� and acicnowlerlged to tne t'firrt helshe et-ecuted t1'ce sanre for tlze purppses rcrarl cnrtsirleratinn trzef•eifa � expressed, as tlze act nnr[ deed of �i% ��(1��� C1t�-'l�t.�= , r�nd in the cu�r�city thef•ein str�ted GIVF_N UNDER �tiIYHANDAIVD SEAL OF OFFICE tl�is ���L` rlay of �/�f''�Fi[��=�r , ZO�. -� ���, � � - � - GC� _ Af� it f �=�� % C,�i�-�, Title � Not�cry Piib[ic in an�l for The State of Texrrs �M� ANGELA ESTRADA � t `� * 1�lotuy Public � StATE OF TEXAS ; �4��'"y My Comm. Exp,08/21/2007 .�'7'ATE �F �'EXAS �"fl U1VT�' fl�' TAR�AlYT BEFORE IVIE, tlte tinrle�'sigfted �[�rthof•zty, a 1Yotrtty cb c ifa rind For th r�te o Tex«s, ort this rlay persorznlly appenre�l �L`iC�+(� � ,lcnofvn to me to be the person ��hose n�cPrre is subscrzbetl io tlee foregoircg insfrument, and ncknotivlerlgerl to me t{:af he/she etecuted tice srr�te for the i{y�7 S2S. i1CI C n.�idL'jfltlOYl 1612Ye1i1 expt•essetl, as tlre acf anrl rleed of � a w , «nd irz the cap�icity tfr.eYein stated �.IVFN UN R iYIY NAND A�/YD of ' 20� . SEAI, DF OFFICE t/tis rlay Natn PllIJIiC [P! (lill�fOP The State of Texns �,,� MARTHA K EFIRD � , NOTARY PUBLIC STATE OF TEXAS a MY COMM. EXP. 08-13-2010 0 � .��� � �-e� � � � � � `��� � �S�✓� 1� �i��+ ' i'NRociT��,a2 rod/ � 6 � �/�c� -- - Hc��rs i��� � r cS� 6` 48`� / G�TN �0O �� ,�I.D�W�Z� — .� S �s�,� � f s��'�7 - �"5 !3� s� � ��j X J 2� �� L,1 tv �S � j ti��.�C Km��� �� �. / � :�� �j� U� c� X Z � ��� � �� ly x , . _ �,u s-f-�r� ��c��x�� — ��,��� Contractors Name: /� �s�l N CoMNlC-�UALi L�' Point of Contact: A� �yvrr�SnN Phone Number: Zi 4- zzb - 487 I BuildingPemutNumber:�F3�6-1116�j — P,upose for Closure: ('oNsr�zucY�oN � BeginDate: _43�Z3�06 End Date: � o � Type of Taper according to posted speed limit: Tapers @ 3O lY�H lOtt Offset 30ft minimum � Tapers Q 35 MPH lOft Offset 35ft minimum � Tape�s @ 4.011��H l Of� Offset 40f� minimum � ���� 1 � � �T _...._.� �. �.A�N� ����t� ��E��Ri ��"� �- �� ��OS ��C ��� �,� � , y �. � ��c �� �� C� �'(. � � 5� �'�> , .�d � �.�-� ����� � -��� , _ � _ �_ � Contractors Name: /� vs�l N Cor'IN(r�UALi L S� Point of Contact: A� �v�r_��N Phone Numbzr: 2i 4- zw - 4g7 I Building Permit Numbez:�gp6-� ► I 6� Purpose for Closure: ('orvsr�zucY�oN BeginDate: 43/Z3�0(, __� End Date: � o Type of Taper according to posted speed limit: Tapers @ 30 �IPH 14fr Offset 30tt minunum Tapezs @ 35 MAH lOft Offset 35ft minimum ' Tape�s @ 40 IVIPH 14$ Offset 40ft minimum �i ACORD�, CERTIFICATE OF LIABILITY INSURANCE ' co Y° D 07/31/2006 � PRoouceR Serial # 102358 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BRITISH AMERICAN INSURANCE COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3535 TRAVIS - SUITE 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DALLAS, TEXAS 75204-1466 (214) 559-4887 /(800) 964-4242 INSURERS AFFORDING COVERAGE NAIC# INSURED iNsuReR n: BRITISH AMERICAN INSURANCE COMPANY AUSTIN BUILDING, CO. INSURER B: P.O. BOX 2879 DALLAS, TEXAS 75221-2879 INSURER C: (214) 443-5700 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �LTR NSR� TYPE OF INSURANCE POLICYNUMBER PDATE MM/DD� PDATE MM%DD/YY N LIMITS GENERALLIABILITY EACHOCCURRENCE $ �,OOO,OOO A X COMMERCIALGENERALLIABILITY CGL-0104206 10/01/05 10/01/06 pREMISES�EaocTcurence 3 ���,��� CLAIMS MADE � OCCUR MED EXP (Any one person) 5 � �,��� PERSONAL&ADVINJURY § �,OOO,OOO GENERALAGGREGATE 5 Z,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X jE 7 X LOC AUTOMOBILELIABILITY CAL-0104206 10/01/05 10/01/06 COMBINEDSINGLELIMIT S �,DO�,00o A ANY AUTO • (Ea acddent) X ALL OWNED AUTOS - BODILY INJURY SCHEDULEDAUTOS (Perperson) $ X HIREDAUTOS BODILYINJURY X NON-OWNEDAUTOS (Peracddent) a PROPERTY DAMAGE � (Per acddent) GARAGELIABILITY AUTOONLY-EAACCIDENT 5 ANY AUTO OTHER THAN EA ACC 3 AUTO ONLY: AGG 5 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE 5 S DEDUCTIBLE $ RETENTION S $ WORKER'S COMPEN5ATION AND TORY LAMITS �ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 . EL DISEASE - EA EMPLOYEE 3 If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: THE CITY OF FORT WORTH, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSUREDS ON THE AL AND GL POLICIES. WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF FORT WORTH. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN THE CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL STREET MANAGEMENT SECTION 3�'I W. 'I OTH ST. IMPOSE NO OBLIGATION OR LIABILITY OFANY KIND UPON THE INSURER, ITS AGENTS OR FORT WORTH, TEXAS 76102 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE b�L'�l.�3! �.M...4� . AcvRo 25 (2oo7io8) O ACORD CORPORATION 1988 BASIC INSURANCE REQUIREMENTS FOR STREET USE PERMITS The following items represent basic insurance requirements. Exceptions to the insurance requirements may be permitted, depending on the risk exposure in regards to respective'services, products procured, or contractual terms, to name a few. ' 1. Commercial General Liabilitv (CGL) Insurance Policv $1,000,000 Each occurrence $2,000,000 Aggregate limit 2. Automobile Liabilitv Insurance Policv $1,000,000 Each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto" 3. Policy Endorsements as follows: ➢ The City of Fort Worth, its Officers and Employees named as an Additional Insured Address: Street Management Section 311 W. 10'h Street Fort Worth, Texas 76102 ➢ Forty-five (45) days notice of cancellation or non-renewal. It would be advantages to the City to require the following clause: "This insurance shall not be cancelled limited in scope or coverage cancelled or non-renewed, until after fortv-five (45) davs prior written notice has been qiven to the Citv of Fort Worth". ➢ Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 4. The insurers for all policies must be licensed/approved to do business in the State of Texas and have minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the Risk Manager. 5. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to the Risk Manager of the City of Fort Worth in regards to assef value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved. Revised 03l04/02 Areas Requested The area needed is the sidewalks plus one lane of traffic along the East side of the 1300 Block of Tlu•ockmorton St. as well as the West side of the 1300 block of Houston St. Also needed is the sidewalk and 1 lane of traffic on the south side of the future 12th St. between Throckmorton and Houston St. and the sidewalk and one lane of traffic on the north side of 14�h street between Throckmorton and Houston St. 14. WAIVER OF CITY FEES. Omni will be required to apply for and receive all permits and other licenses and certificates required by the City with respect to the Project. However, unless otherwise provided herein or prohibited by applicable law, ordinance, rule or regulation, the City hereby agrees to waive the following fees related to the Project that would otherwise be charged by the City: (i) all building pemut, plan review, inspection, and re-inspection fees related to any and all aspects of the Project that would otherwise by charged by the City, including fees for inspections by City personnel performed during or outside of nornlal business hours, whether for review of original plans, or changes, additions, or revisions thereto, and specifically including, but not limited to, fees associated with all electrical, mechanical, HVAC, and plumbing systems, building signage, and swimming pool or other systems; and (ii) temporary and permanent encroachment fees. Notwithstanding anything to the contrary herein, in no event will the City waive or reimburse Omni for (i) any water or sewer impact fees or (ii) fees of any nature assessed by third parties, such as third party inspection fees. Notwithstanding anything to the contrary set forth herein, tlie City and Omni agree that the specific fees to be waived under tlus Agreement shal] subsequently be established conclusively in writing by both the City and Omni after plans and specifications for the Project have been agreed to and before Omni applies for a pez-mit from the City to initiate construction. 15. COUNTY TAX ABATEMENT. The City will use its best efforts to facilitate communications with Tarrant County with regard to an ad valorem tax abatement from Tarrant County. Omni understands and agrees that the City does not warrant and cannot guarantee that any such tax abatement will be effectuated. 16. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Omni shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. Omni shall have the exclusive right to control all details and day- to-day operations relative to the Project and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Omni acknowledges that the doctrine of respondeat superior will not apply as between the City and Omni, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Omni further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and Omni. Page 39 Amended and Restated Economic Development Program Agreemeat bet�veen City of Fort Worth and Omni Fort Worth Partnership, L.P.