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HomeMy WebLinkAboutContract 18121 • CITY CONTRAC! CONSENT AGREEMENT STATE OF TEXAS COUNTY OP TARRANT THIS AGREEMENT is made and entered into by and between the City Of Fort Worth, a Municipal corporation of Tarrant County, Texas,, act- ing herein by and through its duly authorized Assistant City Manager , David A. Ivory, hereinafter referred to as the "City"# and BLAMON MOORING STEAMATIC CATASTROPHE, INC. acting herein by and through its duly authorized hereinafter referred to as 'Grantee". 1 . For and in consideration Of the Payment by Grantee of the appli- cation charge set out below and the true and faithful performance of the mutual covenants herein contained, city hereby grants to Grantee permission to encroach upon, use and nv portions of the space under, on and/or above the public for the purposes as described and located in Exhibit 'Aft atLIAed hereto. Said Exhibit *A" is incorporated herein by reference and 1;6 to he cons idered as a Part Of this instrumer,t. 2. All ccnok�struction, ntenance and operation in connection, such encroa ,.Ihment , use, and Occupancy shal),. tie rformed in strjr-- cOmPl -an-e with t.l-,e Charter , Ordinances accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized regresentative. All plans ;,And specifications therefor ahall be subject to the prior written approval of the Director of Transportetion and Pablic Works, or his duly authorized representative, but such approval shall not relieve Grantee of respon!,,ibility and liability for concept, &esign and computation in the preparation of such plans and specifications . 3� Upon completion of construction and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets and sidewalks involved , except as shown on Exhibit 'A . 4. Grantee, at no expense to City, shall. make proper provision for the relocation and/or installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and cojisent from the utility companies and the appropriate agencies of the State and its political subdivi- sions. In the event any instal-lation, reinstallation, relocation or repair of any existing, or future utility or improvements own(A or coy structed by or on behalf of the public or at public expense is made more costly by virtue of the construction maintenance or exis- tence cof such encroachment and use, Grwltee shall pay to Cj,ty �,-n additional amount equal to such addition&l Cost os Metirmined b-y Director of Transportation and Public Wovks of, City, or hiti authorizeil repr*sentative . t 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements neces.sr°ry for the health, safety and welfare of the public or for and other p�5bli purpose. In this regard a City shall bear no responsibility i.ty or liabil- ity for d&mage or disruption of .improvem nts installed by Grantee or its successors, but City will make reasonable efforts to m nimize such damage,. in order to defray all costs of inspection and supet.visi.on which City has incurred or might incur as a result of the construction or maintenance of the encroachments and uses provided for by this agree- ment, Grantee agrees to pay to City at the time this agreement is executed are application charge in the sam of � TWO RUNDRE � Dollars ($_ 200,00 � a 7. The initial term of this agreement shall b;-� tisenty-five (75) gears, commencing on the cute this agreement is executed . 8. Upon the termination of this agreement for any reason whatso- ever, Gr-antea shall , at the option of City arsd at no expenses to Cityp rfstore tLe public streets and adjacent supporting structures to a condition acceptable to the Director of 3°rAnsportat i.ani 4nd Public Works or his duly authorized representakti.ve, and in accordarce w4t,h then existing City specifications , -3- 9. It is further understood and agreed bAween the jpartie6 hereto that the City stre,Rts and sidewalks, including the portions of such streets and sidewalks, to be used and encroached upon as described herein are held by City as trustee for the public: that City exer- cises such powers over the streets as have been delegated to it by the Constitutic,n of the Stace of Texas or by the Legislature, and that City cannot contract away 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 governia:g body of City, to grit, its City Council , sh€ruid at any time during; the terms hereof det,-?°mine in its sole discretion to use or, Cause or pe:,:mit the said portions of the streets to be used for any ether public purpose, including but not being limited to underground a surface or overhead commun icat ion , drainage,. sana.tary .sewerage, transmission of natural gars or electric. icy, or any other public purpose whether presently cQntempl ted or not., they: this ar�,--:�ement shall he au:-omati,cally cancelled and terminated Grantee understands and agrees that the gr&nting of any en- croachment hereuni-t• is not meant to convey to Gran`�--ee any right to use or occupy property in which a third party may hav--, an interest , and Grantee agrees that it will obtain all necessary permission before occupying ouch property. _4- Grantee agrees to comply fully with all applic'-ble federal ? state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and main'..-enance of said encroachments &nd uses. 12. Grantee agrees to pay promptly when due all fees, taxes r.r rentals provided for by this agreement or by any federalp state or local statute, law or regulation. 13. Granter covenants 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 City; that Grantee shall have exclusive control of and the exclusive right to contr,,;)l the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omisstons of its officers, agents, servants, employees, contractors,, subcontrac- tors, licensees and invitees; that the doctrine -, f respondeat superior shall not apply as between City and Grantee, its officers, agents, servants; employees# contractors and subcontractors, and nothing herein shall be construed as creating a partnership or join, enterprise between City and Grantee. 14. Grantee covenants and agrees to indeninify, and does hereby indemnify-, hold harmless and defend City, its officf--cj ► acjt!nts , servants and employees, from a: d against any and all claims or suits for property damage or loss and/or personal injury, including death , to any and all persons, Of whatsoever kind of character, Wther real or asserted, arising out of or in connection with, directly or indi- sectly, the construction, maintenancoo occupancy, use, existence or location of said encroachment and uses granted hereunder, whether or not caused, in AM or in pant, by alleged negligence of officers, agents, servants , employees, contractors, subcontractors, licensees or invitees of city; and Grantee hereby assumes 411 liability and responsibility for such claims Or Suits. Grantee shall likewise assume all liability and responsibility and shall indemnify City 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 offi- cers , agents, servants, employees, contractors , subcontractors, licensees , invitees, or trespassers. 15. Grantee agrees, binds and obligates itself and its successors to maintain public liability insurance covering all public risks related to the Proposed use and occupancy of public property as located and described in Exhibit "A' . The amounts of such insurance shal he not less than the following : Fr open ter damage, per occurrence MOM Personal injury or death, per occurrence $500,000 ­6- with the understanding of and agreement by Grantee that such insur- ance amounts shall be revised upward at Citys option and that Grantee covenants and agrees to so revise su--h amounts within thirty (30) days following notice to GSantee of such requirere.,ent. Such insurance policy shall provide that it cannot be cancelled or amended without at least thirty ( 30) days prior written notice to City. A copy of such certificate of insurance is attached hereto as Exhibit "B" . Grantee agrees to submit a similar certificate of insur- ance annually to City on the anniversary date of tLe i-xec,.Jtion of this agreement. 16. Grantee agrees to deposit with Cil.y when this agreement is executed a sufficient sum of money to be used to -ay necessary fees to record this Consent Agrvement in its entirety in the deed records of Tarrant County, Texas . After being so recorded., the original hereof shall be returned to the City Secretary of the City of Fort. Worth, Texas . 17. 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. This agreement shall be binding upon the parties.. her too their successors and assigns. a 1 r r EXECUTED this 28th clay of .dune �p ; ?0 CITY OF FORT Oig H NTOR BLACIZMON MOORING ST&4,M jl 6� A C � � Assasta t City tanager KIRK BLACKCMON, PRESIDENT ATTEST . ATTEST : City Secretary Notary PublIC MIKKLEEN MACNFL1. APP OVED AS TO FORK AND LEGALITY: EXP: 04/07/91 City Attorney l Date: StgF n, '� t"Ontraot All - .1 A['2 I Ht;1 r-'77 J J � .«..rsaw.. a.d A�y.����k,.. P x.."'�J'+�fir. u ti� I k s r T i i i r LLL i 111_ �5 I a I.. i 55 �� r f 1� t - 1; i§ 1 p t f I' L f L V' I f 1 r �f1� On Ix. .-t; 1 .t 1 to 9 Anon; h � r rCr 3 � k `� s� ±>f .j S1 a}`I (•'w 1 � r� n � `�'r � �w "1 � . s I V 1 t ' A , ni i IISS" t! S y. i 'E l i 1 .1 _s - , 3 f n f ! I ! _ T 6 t r ` r" . (".S' 16 1 ton S 7 1 tlS�3r S f I 6 1 4� Y�Lk 9s f, r i, F r I:.