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HomeMy WebLinkAboutContract 28952 M�P R. 3_2 0 0 3Mr 3: 21 P� PM TPW-STREET MANAGEMENT FAX NO, 817 871 8900, 4550 P. 2 05 CONSENT AGREEMENT CITY SECRETARY FOR CONTRACT No TEMPORARY USE OF PUBLIC PROPERTY'' STATE OF TEXAS COUNTY OF,TARRANT THIS AGrREENIENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official, herinafter referred to as the "City"' ancdT�-� - Cicyrr acting by and through my authorized._ � ' � '� '`^� o{ hereinafter referred to as "Grantee". AITNESSa TH: 1. For and in consideration of the.payment by Grantee 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 the space under, on and/or above the streets, alleys, sidewalks or either public rights-of-way as follows: S tt b k € L to P-R-__3-_?003M 3: 21PM1 PM TPW-STREET MANAGEMENT FAX NO. 817 871 89410, 4550 P. 3 06 The location and description of said encroachment is more particularly described in Exhibit"B" attached hereto, incorporated herein and made a part hereof for all purposes. 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 Works of City. 3. 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 Worth for temporary use or occupancy of public property. The estimated total amount of said fee is r-6 hit 2 MA P R, J, Z00JM1 3: z1 P4 FM TPW-STREET MANAGEMENT FAX NO, 817 871 894%0. 4550 P. 4 07 Grantee, at no.expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices or 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 any installation, reinstallation, relocation or repair of any existing or future traffic control device or improvement owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by City, 6. The term of this agreement shall be for 70 days, from 3 to provided, however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by the Building Official of the City of Fort Worth, this agreement shall terminate. 3 LAPP. 3. 2003M 3:22PM2 FM TPW-STREET MANAGEMENT FAX NO, 817 871 894NO, 4550 P. 5 08 7. It is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, under, over and upon the public property as located and described in Exhibit "B". This agreement shall not be construed as the granting of a permanent easement, encroachment or license -upon City's public streets, alleys' sidewalks or other rights-of- way. City, through its duly authorized representatives, shall have the full , and unrestricted right to enter upon all public rights-of-way for the purpose of making inspections to d6termine compliance with the terms, covenants and conditions hereiri. In the event that any inspection should reveal a breach of any terms, covenants or conditions heroin, City shall give Grantee notice of such breach, Should such breach not be corrected by Grantee within twenty-four (24) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Building Official for the protection of public health or safety, City may terminate and cancel this agreement. 9. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public rights-of-way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public Works or his duly authorized representative and in accordance with then existing City specifications, and Grantee shall remove all barricades, equipment, to.P:R- 3. 2003m 3: 22PW2 PM TPW-STREET MANAGEMENT FAX NO. 817 871 894M 4550 P. 6 09 covenants and agrees that for a period of one (1) year after the termination of this Consent Agreement, Grantee will repair all conditions or damages too the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or other rights-of-way, as determined by the Director of Transportation and Public Works or his designee. Grantee agrees to begin such repairs within thirty (3 Q} days of receipt of notice from the Director of Transportation and Public Works or his designee. All repairs shall be performed in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, ordinances and City specifications. In the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the right to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions which in the opinion of the City are necessary to bring the public rights-of-way to the condition prescribed herein, and City shall not be responsible for trespass or any other damage or liability in connection with such removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for same by city. Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued encroachment pAPR, 3. 2003M 3: 22PM2 PM TPW-STREET MANAGEMENT FAX NO. 817 871 8900, 4550 P. 7 10 upon the public rights-of-way following termination of this Consent Agreement. 10. 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 of the State 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 governing body of City, to wit, its City Council, should at any time during the tem 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 and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement or by any federal, state or local statute, law or regulation. pAPR. 3, 2003M 3: 22PM2 PM TPW-STREET MANAGEMENT FAX NO, 817 871 894NO. 4550 P. 8 Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder as an independent contractor, and not as'an officer, agent, servant or employee of City; that Grantee' shall have exclusive control of and the exclusive right to control the details of its operations and activities on said described public property 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 respondent 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 joint enterprise between City and Grantee, 14. Grantee covenants and agrees to indemnify, and does hereby indemnify, 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 persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the maintenance, occupancy, use, existence or location of said encroachment and uses granted hereunder, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, tAPR, 3. 2003m 3: 22PM2 pm TPW-STREET MANAGEMENT FAX NO, 817 871 8900. 4550 P. 9 12 A employees, contractors, subcontractors, licensees or invitees of City; and grantee hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, 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 officers, agents, servants, employees, contractors, subcontractors, licensees, invitees or trespassers. is, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit"B". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100.,000 Bodily injury, per person $250p0 Bodily injury or death, per occurrence $500,000 With the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar ?��P R-_.3_2 003M_3 2 3PM FM TPW-STREET MANAGEMENT FAX NO, 817 871 8900. 4550 P. 1013 Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term 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. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment without such prior written approval shall be void. This agreement shall be binding upon the parties hereto, their successors and assigns. 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 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 recover interest and reasonable attorneys' fees. hA P R. 3, 2 0 0 3 j( 3:2 3 P4 PM TPW-STREET MANAGEMENT FAX NO. 817 871 8841N0, 4550 P. 1114 EXECUTED Thi / day of _._._, 0-t; GRANTOR: GRANTEE: CITY OF FOR' ORTH ,l�cc ��R��� oP� •Efl� r�s BY: By. BUILDING OFFIC AL Barry P. Marcus APPRO D TO FORM AND LEGALITY: Senior Vice President TITLE � ATT6iiiNBY DATE CITY ECRETARY DATE: Contract Authorization Date 10 S TA YE OF TEXAS COUAITY OF TARRANT BEFOREME,the undersigned authority; a Notary Public in and Fqr the Stat of jr on this dav P ersonally appeared known to),ne to be the person whose name is subscribed to theforec4za instrument, and acknowledged to ine that he/she executed the same for Ae purposesw orzsideration therein expressed, as the act and deed of Q41 -J A-el*ft 0--j T and in the capacity therein stated. GIVE-IN'UINDER PfYHAIND AND SEAL OF OFFICE this (lay Of 20-12 5 Affi-ant ?\'otar y Public in andfoo The State of Texas R.G. NAREZ Notary Pt"Ic STATE OF TEXAS Mf Ex ,09/loms MA P R� 2 3 P N PM TPW-STREET MANAGEMENT FAX NO, 817 871 8041N0, 4550 P. 1215 ST-4TE OF Co twn OP rA- I K F t E5 f-- BrFORE ME, the undersigned authority, a Notary Public In and r For the State of'C-T on this day personally appeared - A-r -W A M--'rcA�'--r known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that helshe executed the same for the osesa purD qd consideration therein eWe't�-t expressed, as the act and deed of llc--t C and in the capacity therein stated. I1 1N UNDER MYMND AND SEAL OF OFFICE this 3d day Of - 0 Afflant Tule Notary Public in and for The State of'C t-W Ce---r kx-v- fiftry row w CL 12 APR. 12003 3: 23PM NIO, 4550 P. 13 1107 O&EINPARI _CjIgnt#*. _Q -Un Ganwfv" ACORD. CERTIFICATE OF LIABILITY INSURANCE 002103 PRODUCER TH13 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NWUIA Group,LLC(STRCL) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 344 W.Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Milford,CT 06460 203 876.6100 INSURERS AFFORDING COVERAGE NAIL 0 INSURER A.- Scottsdale Insurance Compily 41297 TLC Orson Property Associates I LP INSURER&' Chubb Group of insurance Companies 4011116 clo,Greenftld Partners LLC INSURER C; 50 North Water Street INSURER D: Norwalk,CT 06864 INSURER R -COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF WI YRIFFECTIVE Wo% INSURANCE POLICY NUMBER A Re"O" GENERAL LIABILITY SCS0005326 03118103 03/10105 EACH OCCUMIENCE S 00 COMMERCIAL WNERAL Lk4S1U1Y CLAIMS MADE a OC=R PERSONAL A AOV INJURY & A X I OCP GENERAL AGGR111ATZ %2.000.000 69NIL AGGREGATE LMT APPLIES PER! PRODUCTS-OOMP/OP AGG S =Mxicy—sm F7 LOC AUTOMOBILE LIABILITY 3580853680SMASTER 11121102 11121103 COMBINED SINGLE LIMIT (FA Word) 1a1,000,000 m ANY AUTO ALL OWN60 AUTOS ODDLY INJURY 6 WWPOLLED AUTOS HIRM AUTO$ BOD 9 X N094WNC AUTOS (per= udPROPERTY DAMAGE 3 (Per dwO GARAGE LIMUTY AUTO ONLY-EA ACCIOW 6 ANT AUTO OPIER THAN EA ADC 6 HAUTO ONLY' AGO I FACESSIUMSM1,14 LikRUJITY EACH OCCURRENCE OCCUR ❑MAM3 MADE �AGGASGATE R DEDUCTIBLE RETENTION S 9ST Org TN WOWM COMPENSATION AND 11=1 EMPLOYMW LIABILITY E.L.E_ACW ACCIDENT ANY ICUTIVE -r.A EmPLoyW 1. OPn=WMj=r F-L D_MUS6 VFUMMp"6M al, ISEASE-POLICY OTHER OpSCRWTM of OPMTIONS I LOCATMS I VEHICLES I EXCLUSIONS ADDED By ENDORSEMENT I SPECIAL PROVISIONS 145 Days notice of cancellation except 10 days for non-payment of premium. Waiver of Subrogation to apply as be CG2404(Liability Coverage) City of Fort Worth Is listed as additional Insured as respects operations of TLC Green Property Associates 1,LIP ctKnIFICATI HOLDER..... C SgOULO ANY OF'INS AEOVt DgSCRM"pOUCjES at"NCELLEO SEPOM nffi LXMTWN City of Fort Worth, DATE,WERE;w,yW EWING MISMAOR WILL ENWAV014 10 MAIL _!" DAYS WWTTM 311 W 10th Stftst NOTICE TO THE CrATHKICATE s4GLOCA kAM1W TO T"E LEFT,,OUT FAILURE TO 00 20 AKALL Fort,W. Taxes 76102 MWM No oau"Tau Oft LIABILt"OF ANY KOM UPON THE WOURM ITS AM"on R A90MEMATIye ACORD 25(200148)1 of 2 KLS a ACORD CORPORATION 1986 � IMPORTANT if the certificate holder is an ADDITIONAL INSURED,the policy(iss)must be endorsed. A statement on this cartificate does not confer rights to the cortficate holder in lieu of such endorsement(s). if SUBROGATION IS WAIVED, subiect to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certirWils holder in lieu of such andorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between ft issuing insurer(s), authorized representative or producer,and the certificalle holder, nor does it affirmativety or negatively amend, extend or after the coverage afforded by the policies listed thereon. � May OU 03 09. 14a P• 2 may 07 03 05:27q Cor°gar Associates 2147442915 P=1 3L a s S�"A17 � � rI 7 M i a 1 i r 1 ° I ' tz iL 1 s r is j Cf r x e�asa x..axa.a.aesraa+�ra axaxarrasr saxr.aa°x•sav xaw s ar-wL...a p ►QCt 006; -.-.--,FE,NCELINE--/