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Home My WebLink AboutContract 43246 (2)CITY SECRETARY CONTRACTNO� RIGHT OF ENTRY AND LICENSE AGREEMENT WHEREAS, Fort Worth Transportation Authority, a political subdivisions of the State of Texas, created pursuant to Chapter 452 of the Transportation Code, by and through its employees, agents, representatives, subcontractors and/or lessees (collectively "The T"), owns, operates, and/or manages the Hershel R. Payne Transportation Complex (the "Property"), located at 1600 E. Lancaster Avenue, Fort Worth, Texas 76102; and WHEREAS, located on the bus parking lot that is part of the Property is a 50' high light column (the "Light Column") on which the City of Fort Worth and the Fort Worth Police Department (collectively "CITY") desire to install certain surveillance equipment, including a camera, an antennae and possibly other ancillary items (the "Equipment"); and WHEREAS, permitting CITY to use the Light Column on which to locate its equipment would not interfere with The T's business of providing public transportation in its service area. NOW THEREFORE, in consideration of The T's consent to allow the CITY to use the above described Light Column for the purposes stated above, the parties hereby COVENANT AND AGREE as follows: 1. Use of Premises: The use of the Light Column by CITY shall only be for installation and periodic maintenance of the Equipment; only those individuals who are directly involved in the permitted use shall be permitted access to enter onto and use the Light Column. No guests, friends, co-workers or others who are not directly Involved shall be permitted on the Light Column. A drawing of a portion of the Property with the location of the Light Column marked is attached hereto as Exhibit A. 2. Term: The term of this Agreement shall be for as long at the CITY needs to use the Light Column for use of the Equipment described in this Agreement or until such time as it becomes impracticable for the Fort Worth Transportation Authority to accommodate the CITY's equipment on the Light Column. 3. The CITY shall not be required to make any lease payments for the use of the Light Column and may use the T's electricity source available on the Light Column to power the Equipment at no cost to the CITY. 4. Date and Time of Use: The date and time of access are indefinite; however, CITY agrees to give Notice to The T's designated contact 48 hours in advance of needing access to the Light Column. In case of emergency, notice of access shall be given as soon as possible. CITY will contact The T's Assistant Vice President of Maintenance or Facilities Maintenance Superintendent for access to the Property and/or the Light Column: Ron Anderson, Assistant Vice President/Maintenance Department Office: 817-215-8591 Mobile 817-291-2627 Email: ronander@The-T.com OFFICIAL RECOR CFWANDCITY RIGHT OF ENTRYFWT AND LICENSE AG ZENINr'SECRETAR FT. WORTH, TX 05-22-12 A07:40 IN 1 Bill Wagner, Facilities Maintenance Superintendent Office: 817-215-8769 Mobile 817-939-5334 Email: bwagner@,The-T.com 5. No Interference with The T's Business: CITY agrees that its presence and/or activities at The T's Property and Light Column will not interfere with 'lhe T's ability to timely perform scheduled public transportation services, and vehicle and property maintenance. 6. Maintenance: CITY agrees that it will pick up and remove all trash and/or debris generated as a result of its activities from the Property. 5. Security. Each party shall be responsible, at their expense, for providing their own respective security as each party deems necessary. 6 Assumption of Risk. The CITY accepts the Light Column in its "AS IS" ` WITH ALL FAULTS" condition, regardless of whether it has been inspected by CITY or The T. The CITY hereby assumes all risk of injury to itself, the CITY's agents, representatives, employees, customers, contractors ("Participants") by reason of or related to any of the Participants' presence or activity related to CITY's equipment on the Light Column. 7. Compliance with all Laws and Rules. The CITY hereby agrees that CITY has reviewed the applicable federal, state and local laws, regulations and ordinances that govern the CITY's activity on the Property and all of the Participants participation therein and agrees to strictly comply, and require all Participants to strictly comply, with all such laws, regulations and rules. 8. RELEASE. TO THE EXTENT ALLOWED BY LAW, THE CITY ON BEHALF OF THE CITY, AND EACH AND EVERY GUEST, CUSTOMER AND INVITEE, AND ALL PARTICIPANTS, HEREBY FULLY RELEASES AND DISCHARGES THE T, ANY AFFILIATED ENTITY, TENANT -LESSEE OR INDIVIDUAL, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS, DAMAGES, DEMANDS, LOSSES AND EXPENSES (INCLUDING A I'TORNEYS FEES) WHICH THE CITY, ANY INVITEE, GUEST, TRESPASSER, PARTICIPANT OR ANY OTHER PERSON MAY HAVE FOR DAMAGE TO PROPERTY (WHETHER OWNED BY THAT PERSON OR BY THE T) OR PERSONAL INJURY INCLUDING DEATH DIRECTLY OR INDIRECTLY INCURRED IN CONNECTION WITH THE CITY'S USE OF THE LIGHT COLUMN, REGARDLESS OF WHETHER SUCH DAMAGE OR IN URY IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT ACT OR OMISSION OF ANY OF CITY'S CONTRACTORS, GUESTS, EMPLOYEES, CUSTOMERS, PARTICIPANTS OR INVITEES Phis provision shall survive the completion of the CITY's use of the Light Column, the revocation of the CITY's right to use the Property and the Light Column and/or the expiration of this Agreement 9. INDEMNITY. IN CONJUNCTION HEREWITH, THE CITY AGREES, TO THE FULLEST EXTENT ALLOWED BY LAW AND THE TEXAS CONSTITUTION, TO SAVE, DEFEND AND HOLD HARMLESS, THE T, ANY AFFILIATED ENTITY, CONTRACTOR, OFFICER, DIRECTOR, EMPLOYEE, TENANT -LESSEE OR RIGHT OF ENTRY AND LICENSE AGREEMENT CFW AND FWT 2 NDIVIDUAL, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING ATTORNEYS' FEES) OF ANY NATURE WHATSOEVER BASED UPON DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY (INCLUDING INJURY RESULTING IN DEATH) DIRECTLY OR INDIRECTLY CAUSED BY OR ATTRIBUTABLE TO THE CITY'S USE OF THE LIGHT COLUMN, REGARDLESS OF WHETHER SUCH DAMAGE OR INJURY IS CAUSED,, IN WHOLE OR IN PART, BY THE NEGLIGENT ACT OR OMISSION OF CITY OR, CITY'S CONTRACTORS, EMPLOYEES. CUSTOMERS, GUESTS, PARTICIPANTS OR INVITEES This provision shall also survive the completion of the CITY's operations, the revocation of the CITY s right to use the Light Column and/or the expiration of this Agreement 10. Revocation of Right to Use the Property. The CITY acknowledges that the right of the CITY to use the Property and the Light Column is granted only upon the CITY's acceptance and compliance with the teuuis contained herein The CITY further acknowledges that this right to use the Property (i) is personal to the CITY and cannot be assigned; and (ii) can be revoked by The T at any time in its sole discretion, with a 60 day notice to the CITY or for any reason or no reason at all. 11. Notice: Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by Certified Mail, postage prepaid, return receipt requested, (c) by a commercial overnight courser that guarantees next day delivery and provides a receipt, or by facsimile, and such notices shall be addressed as follows: If to The T: Fort Worth Transportation Authority Attention: Sylvia M. Hartless, General Counsel 1600 E Lancaster Avenue Fort Worth, TX 76102 Email: shartless@The-T.com Facsimile No.: 817-215-8702 If to CITY: Charles Daniels Assistant City Manager 1000 Throckmorton St Fort Worth, Texas 76102 Email: Charles.daniels@fortworthtexas.gov Facsimile No.: 817-392-6134 With a copy to: Jessica Sangsvang Police Legal Advisor 1000 Throckmorton St Fort Worth, Texas 761032 Email: Jessica.sangsvang@fortworthtexas.gov Facsimile No.: 817-392-8359 RIGHT OF ENTRY AND LICENSE AGREEMENT CFW AND FWT 3 or to such other address as either party may from time to time specify in writing to the other party. Any notice shall be effective only upon delivery, which for any notice given by facsimile shall mean notice that has been received by the party to whom it is sent as evidenced by transaction confirmation slip. 12. Signatory Authority: The T represents to CITY that the signatory whose name is shown below has full approval and authority from the T, to enter into this Agreement. Likewise, CITY represents to The T that its signatory below is fully authorized to bind CITY. 12. No Waiver. Failure of The T to object to any breach of a provision of this Agreement shall not waive it's right to object to a subsequent, or concurrent, breach of the same or any other provision. 13. Severability. If any provision of this Agreement shall, for any reason, be held violative of any applicable law, and so much of said Agreement is held to be unenforceable, then the invalidity of such a specific provision herein shall not be held to invalidate any other provision herein, and all other provisions herein shall remain in full force and effect. 14. Governing Law. This agreement shall be governed by the laws of the State of Texas without regard to conflicts of law. AGREED: CITY OF FORT WORTH By: &I• ry JMiley Halstead Chief of Police Date 5--19-/.2._. By: Adi-t10( C s W. Daniels Assistant City Manager Date: es. 2/. /2. APPROVED AS TO FORM AND LEGALITY: Jessica Sahgsvang Assistan(C;ity Attorney Date: RIGHT OF ENTRY AND LICENSE AGREEMENT CFW AND FWT 4 ATT Let ercr) frlitfy Kayser City Secretary Date Authority M&C: N/A Contract Number: TibiaeAp 0 •moo 00% 'Con4ict ad°° 47swo# FORT WORTH TRAMSPORTATION AUTHORITY: By: Antholy V. Johnson Executive Vice President/Chief Operating Officer Date: 5 — - i -z APPROVED AS TO FORM AND LEGALITY: AAA, 7211( Ada& Syl a M. 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