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Home My WebLink AboutContract 42006 (2)Owner's property. CITY OF FORT WORTH ITY SECRETARY. (4-' AGREEMENT FOR THE CONTRACT NO. 44 ?-c) j INSTALLATION OF BIKE RACKS THIS AGREEMENT ("Agreement") is entered into this 18th day of May, 2011, by and between the CITY OF FORT WORTH, a Texas municipal corporation ("City") and Texas and Pacific Lofts located at 221 W. Lancaster Avenue Fort Worth, Texas 76102 ("Owner"). WITNESSETH: 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. Owner hereby releases, waives, and forever discharges the City and its employees and agents from any and all actions, causes of action, complaints, claims, demands, administrative charges, legal rights, compensation, obligations, damages, liabilities, costs, and other expenses, including attorneys' fees, in any manner related to the City's installation and inspection of the bike racks, and presence on Owner's property, whether such damages are caused by accident, negligence, recklessness, or intentional act. 3. Indemnification. Owner agrees to defend, indemnify, and hold the City harmless from any death, personal injury, or property damage, resulting from the installation, 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 not demand, compensation, as a result of the City's presence on the I � OFFICIAL RECORD 1 CITYSCRETARY ''N Ir _a 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 terns 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 het ein, 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) By: Marty Hendrix City Secretary 00 o AO, 0 pi v ._: ¥ 00 Ay im u o Pk icy 1 d f OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Recoi e ded or Approval epartment ead ed as to and legality Doug as . Black Assistant City Attorney By: ies-tows•se4 Assistant City Manager 1000 Throckmorton Street Fort Worth, TX 76102 By (Owner): are Peggy Harwood — HOA President Texas and Pacific Lofts 221 W FW, Shane Luxton — HOA Treasurer Texas and Pacific Lofts 221 T .any. ster Avenue Augi Flak Texas and Pacific Lofts 221 W. Lancaster Avenue FW, TX 76102 •••._,,_,_ z • MARIA V. RUST Notary Public STATE OF TEXAS My Comm. Exp. Feb. 09, 2014 Yt GUt.�-n/ 1\ M&C ar _.__•_—•_a - - p.L;nU ED Bike Rack Installation Exhibit A -4,- a , s TEXAS & PACIFIC STATION 221 LANCASTER Install 4 Racks 4- -AO 1 r -+-- --1--- -i 1 Legend Air Bike Rack Location FORT T WORT 0 15 30 60 III I Feet