HomeMy WebLinkAboutContract 17674,y'
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STATE OF TEXAS
COUNTY OF TARRANT
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A G R E E M E N T
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�iii'f�i4CT. � � " �
- WHEREAS, this Agreem�nt made and entered into by and betvaeen
the Ci�y o� Fort Worth, a municipal corporation in Tarrant
County, Texas, acting by and through David A. Ivory, its duly
autharized Ci.ty Manager, hereinafter called "City", and Zane
Brainard, d/b/a "Bxainard Carriage Liv�ry", herein calied
"Licensee".
W T T N E S S E T H:
WHEREAS, Srainard Carriage Livery has made applicatian tfl
continue the operati.ans o� a horse-drawn carriaqe servic� in th�
City a� Fort worth, T�xas, upon and over city streets in said
City; and
WHEREASr it app�ared upon application and hearing �ha� with-
in the C�ty of Fort Warth there is not presently of�ered a
comparable licensed service and that the City Council, upon duly
considering said applicatian, has faund a publi.c need and neces--
sity fnr such a��rvice; NOW, THEREFORE,
In consideration of the mutual covenanis her�aftu:� se�
forth, the parties do hereby agree as fol�ows: `
i.
"Brainard Car�iage• Livery" is hereby granted the PRIVILEGE
and LICENSE to use the present and future streets, all.eys and
pub�.ic thorouqhfares _� ���__ �ity af Fo�t Worth, Texas, in its
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business nf providing public sight�seeing �ervice fnr hire within
the City's municipal limits.
Such sight-seeing service shall consis� of horse�drawn con-
veyancesr and shall be for a term of five (5) years co�nmencing
upon the execution hereof.
2.
Licensee acknawiedg�s its prop�rty and aperatians shall b�
and remain subj�ct to such reasonable regulation by the City as
is or may be necessary to protect the interes�s of the general
public; that payment af an annuai "street renta�" fe� of Seven
Hundred Fifty Dollars ($750.00} upon �x�cution hereof and paym�nt
af Seven Hundred Fifty Dollars ($750.00} on or before the next
succeeding anniversary daies of the �xecution hereof is a requi-
site to exercising the privi�ege granted herein; and that supervi-
sion and/ar revocatian of the privilege gxanted herein may be
accomplished und�r the applicable provis�ons of the ordinances
and Charter of the City of Fort Waxth and laws o� the State of
Texas.
3.
Licen��e covenants and agrees that at a�l times during the
operation af its sight-seeing service, it shai� keep its equip-
ment in a neat, clean, aperable and safe condition, attractive to
the general public. A11 d�ive�s and operators af such sight-
see�ng equipment sha11 be w�ll�trained and capable of operat�ng
such equipment, and will operate same in a Cburteous and safe
manner in accordance with the laws and ord�nances of the Ci�y o�
Faxt Wa�th and the State of Texas. Lzcensee sha11 operate and
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conduct such operation in a manner that wi11 not b� disturbing or
annoying �o the general publi.c.
Licensee cavenants and agrees that it shall keep a11. streets
and other property clean of all animal excrement resulting from
the License�'s opera�ions hereunder. Such excr�ment shall be
collected and disposed of on a da.ily basis, at Licensee'� sale
cost and e�pense, and any failure by License� ta maintain said
streets and prqpexty in the manner prescribed herein shall be
grounds for termination of this licens� and agreeznent.
4.
Such sight�seeing ser,crice shal7. bE available to the rnemb�rs
of the gen�ral public who pay for such s�rvice, and Licensee
�ha13 not discriminate against anyone in the furnishing of its
service, or the cha�g�s therefor, on account of race, color,
religion, sex or national origin.
5.
Licensee covenants and agrees to comply raith all laws,
federal, state and 1oca1, and the license and pa�ivilege herein
granted shall be and remain sub�ect to its full, comple�e and
satisfactory continuing compliance with such laws, i.ncluding but
not limited to the Charter and ordinances of the City of Fort
Worth and all rules, regulatians and requirements of any
municipal authority af the City of Fort Worth. It i.s further
agreed that Licensee will obtain and pay for a13. necessary
pe�mits, licenses and taxes incurred or required in connection
with Lic�nse�'s �xercise of the privil�ge granted herein; that
Licensee `,rill not do or suffer to be don� anything in violation
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of such laws, ordinances, rule� or requirements during the term
of this agreement; and that, if City �aii� the atten�ion of
Licensee �o any such violation on the part of Licensee or any
person employ�d by Licensee, then Licensee sha11 immediate�y
desist from and correct su�h vialation or terminate the exerc�se
af the privii�ge granted herein. Fai�ure by Licensee to comply
wi�h alL appZicable laws, Qxdl�$�C�5� rules or requirements
governing the operatiQn of such service shall be grounds for revo�
cation by City of th� license and privilege granted herein.
6.
Licensee shall ape�ate h�r�under as an zndependent contrac-
tnr and not as an officer, ag�nt, servant or employee of City.
L�censee sha�1 have e�clusive contirol of and the exc�usive right
to control the details of ihe operations hereunder, and all per-
sons performing same; and Licensee shall be solely r�spansible
£or the �cts and o�issions of its officers, agents, servants and
employees. The doctrine of resp�ndeai superior shall not apply
as between City and Licensee, its a�ficer�, agents, servants and
employees; and nothing herein shall be canstru�d as creating a
partnership vr join� ent�rprise between Ciiy and Licensee.
7.
It is further understoad and agreed between the parti�s herev
to that the 1�gal title to the city stre�t5 beiongs to the S�aie,
and City of For� Wor�h exercises such powers over the streets as
have been delegated to it by the Canstitutian of the State �f
Texa� or by the Legislatu�e; that the City of Fort Worth holds
th� �tre�ts as trus�ee for the public; and that the City of Fort
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. worth cannot cont�act away its duty and its legislative pawer ta
control the street5 for the use and benefit of the public, It is
accordingly agreed that, if the governing body o� the City ot
Fort Worth, to wit, its City Council, should at any time during
the term hereof close, vacat� and abandon all or any portion of
said str�ets, or use or cause or permit the said portions of the
streets to be used for any public purpose, inc�uding but no�
being limited to underground, surface o� averhead commun�cation,
drainage, �anitary sewerage, transmission af natural ga5 a�
electricity, or any other pu�lic purpose whether presently contem-
plat�d or not, then City may do so without any lxability under
this Agreement.
E�
Licensee covenants and agrees to ind�mnify, hold harml�5�
and defend, at its own expense, City, its officers, agents, ser-
vants and employees, £�om and against any and all claim5 ar suits
for property loss or damaqe and/or p��sonal injury, including
death, to any and all persons, of whatsoever kind ox charac��r,
whether �ea� or a�sert�d, arising out of or in connection with
Licensee's exercise of the privilege granted h�re�n. Licensee
her�by assumes al1 liability and responsibility for any and a11
claims or suits for property loss or damage and/or personal
injury, including death, to any and all persans, of whatsoever
kind or character, whether real or a�se�ted, arising out o� or in
connection wi�h Licensee's exercise of the privileg� granted
herein. Licensee likewise cavenants and agrees to and doss
hereby indemnify and hold harmless City from and against any and
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all injury, damage or destructions of praperiy of City arising
out of or in connection with all acts or omissions o� L�censee,
i�s officers, agents, employees, contraciors, subcontractors,
licensees, invitees or pat�ans.
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Licensee covenants and agrees that it wi�l obtain and main-
tain in force throughout the �erm of this ag�eement, a policy o�
policies of p�bliC liability insurance with City as a named
insured, perta�ining to its services and operations hereunde�;
that said policy or policies shall be with a reputable company
licensed to do business in the State of Texas and satisfactory tQ
City; that a certifzcate ewidencing the fact of cur��nt in5urance
coverage shall be maintained on file with ihe City {City Pub�ic
Utilities Supervisor's Office} t$roughou� the term of this
Agreement; that said coverage shall b� in the minimum amounts of
$100,000.00 �or bodily injuries �o ar death of one person,
$300,000.00 for bodily inj�ries to or death of all persons
injured ar killed in any one accident, and $100,000.00 for loss
or damage in any one accident to the prope�ty of others,
incl�ding City property; that such minimum insurance amounts may
be revised upwards at City's option; and �hat Licensee shall
in�rease it� liability insurance coverage within thirty {30) days
following notice by the City ta the Licensee of any suCh required
increase.
10.
Licensee covenants and agrees it is obligated to discharge
any claim or judgment against it finally established by 1aw and
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. that the failure ta do so for a periad of one hundred eighty
(180) days sha11, ipso facto, terminate all authority under this
grant and Ag�eement.
ii.
It is sp�cifically c.ovenanted and agreed by and between the
parties hereto that nothing herein contained shall ever be held
or construed to conf�r upon the Licensee exc�.usive rights or
privileges o� any nature whatsoever.
12.
Licensea agr�es that it �aill not as�ign its rights or the
privilege hexein granted without the prior written consent o� th�
City, and any attempted assi.gn.ment withaut such prior w�itten
con.sent �hall be nnll and void.
13.
Venue of any suit or cause of acti�n of any natur� whatso-
ever brought un.dsr thi� Agreement shall 1ie exc].usively in
Tarrant County, Texas.
Execuied in d�uplicate originals in Fort Warth, Tarr nt
Caunty, Texas, an �he ���ay of , A.D. 19
ATTEST: CITY OE F4RT W TH
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City Secretary A��� ty Manager
APPROVED AS TO FORM AND LEGALITY:
Ci�y Aitorney
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Date: ,�.
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�antr� t oa° atio�
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ATTEST:
STATE OF TEXAS
COUNTY OF TARRANT
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ZAN� BRAINARD, d/b/a
BR.ATNARD CAR GE LI
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B�T i 1/ � � � �� )
�ane � raina
BEFORE ME, the undersigned authority, a Notary Public in and
foar the State of Te�as, on this day personally appeared
William W. Wood, knawn to me ta be the person whose name is
subscribed �� the foreg�ing inst�ument, and acknowLedged to rr�e
that h�/she executed the same for the pu�poses and consideration
therein expressed, as the act and deed o� the City of Fort Worth,
and in the capacity therein stated as its duly authorized officer
or r�presentative.
VFN U R MY HAND AND SEAL OF OFFICE this %� day Of
--��� , 19�
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otary Pub ic �in and for
the State of Texas
STATE OF TEXAS
COIINTY OF TARRANT
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BEFORE ME, the under�igned authority, a Notary Public in and
�or the State of Texas, on this day personally appeared Zane
Braina�d, knnwn to me ta be the p�rson whose name is subscribed
to the faregoing instrument, and acknawledged to me that he/she
executed the same for the purpose� and consideration therein
expressed.
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G.IVEN IINDER MY HAND AND SEAL OF OFFICE this •� ` day of
� � � , 19��.
I � � ' /
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Notary Pub ic in and tor
the State of Te�as
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o.�r� Fi�KEfiEMC[
wurneER
�-3��-� **G�-8444
R�C�N�MEN�ATiOH;
su�,��cr- REC��I��T ��R A C�RTIFiCATE r�k�st
OF �L}NVFNIE�#�f A�� N�C�SS�TY TO �
i3�Ai N�IR� ��I.I.�G�E L� 1��f�Y , ��t--
�t is r�cammen���i �I�at ti�e Cit�y CauncTl �pprove ��er��f�cai:e of ��nv�r��en�e
an� h�ecessi�� to 8rair�ard Carriag� �tv�ry arr� �utl��r��e tk�� C�t,y Manager �o
�xetute �he cor�t�`��t fior ar� �ddytionaT fiv� year t�rm.
BA�!{��OU�� :
�r��nard Car��age i.�v�ry M�s b�en provid�r�g a unlque horse-d�`awr� �arriag�
�ig�i�s�e�rrg s�rvice ��r c�o�nta�n Fort �lort� slnce �983. Bra�nard reques�s �rr
� ts T���er o� Oct�be�r X.�, 1�8� (At��,c��er�t A� k�,� ext�nsior� of t��s
privileg�.
The Departmen� of L�wjUti�i�ie� Divisior� has �o�pl��ed ar� i��+�stigat�on �f
tk�e applicant`s op�rations dur�ng th� 7ast ��x year� and f�rr�s tY��t �ra�r�a�d
h�s respofls�bl�y fuZf��led all corttra�tual obl��a�i�r�s �or "For k��re"` veh�cle�
arrd �as pra�ri�ed an att��acL'ive �nd �e�lrabie s�r�+i�e fo� vf5itors �o #�h�
C i ��r .
The Fort� 4�ortk� s�r�+i�� is ue�i�ua �+� ���� i� is the or��y horse-draw�
�or�v�yat��� s�rv�ce �Crrown of in Che Unit�d �ta��� �h�at ��.i��zes Clydesda7e
�r�rses, w�th s�e�ia3ly eq�,ipp�d sho�s ar�stailed, to prevent damage to th�
�i��'s ��ick sireet�.
T�e �a,�or �ev��tT�ns �ror�� �I�e norr�al pas� �roc�dur�s in such gr�r�ts of
�ariv�l�g� are: {�� th� s�aff"s re��mrnendat7or� �'or� � f�ve-y��r cor�tra�t ��r��
inst���i o� �he cust�rn�r,y two-year term; an�l ��� an incre�5e irr th�
st����-ren�aT�v�� ci�ar�� from $��Q per y�ar to $75�. N� ob,�ecti�r�s have b��n
raised by t�� a�plicant to t���s ��cr�ase. �rainard �arr�age has �onsis�enC��
p��d t�� '"�tre�t Re��al"" ���s on #����, and �ve� �n advance �n occ���or�, �s
s h�w� 7 r� the �.aJ�u ] at 1 or� b��aw:
AMOtJ�VT �HE�K NU, DATE �AI� A�NR{JV�i� LiY
.�. $ 500 � 3167 04/�7/84 ��� �������
?. 1�00 # 3�30 07/i�/85
i 3. �{�Q ������ 07/11/8b
{C�s���r's �F�ec�c� JAH $� 199�D
�. 5�� # �97 U9/�7J8� �� �
�. 500 # 110G 1�I��1$�
��
T�i�S� �k��+ITI�FI�Sy �� �i�,��Q, 3� ��i@
coVer tM� peri od �h ro�gh Ap ri 1 J.7 ,
r�te wi1] caFnr��r�ce.
su���Tr�o fU4# �rv� - —
�I�i MJ4M11�}GEI�'S
�,]FFI�E 6T.
OA �G I NAY I NG `
6EPARTiAE�� �I�AO:
FQI} AI](}iif{,1{,�,qL FNf{1R�1A710N
C(rN �'nC T
S:�i!p ,:p4���eias[�' b: l�Ye
pr�sent rat� a� $5����y��,a��t fi.c�,��ars,
1�9�. At �k�ai t�m�, ti�� new $75��year
aiS�SaTiaw 9T �aLFHGi�,; PR4Gk53E0 6Y
I ❑ ��pROVEb
� OTi��Fi t�ESCl�l6�s
CITY SE�R�TXJ2Y
6AT�
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Itk�k�Sl:NCF
fJUhA9ER
*�C-���4�
sudjrcr RE�kJE�T �UR A C�i��I�1CI4TE
0� �i3P�V�NiE�kC� AN� N�CE��ITY TQ
B�AI{VAR� CO��.E��_�r,Y�R,Y
PAOE
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A con�r��t {Attachr�er�t B} has be�n pr��ared which prnvides for th� �ic�ns�e"s
as�umption �f ��1 liab�Zit,y and r�spor�sTbiii�y for da�rag�� and cl�an-�u�
incident tv the servi��.
Attachments
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SL1�MI��E6 F4R fi�E
❑IFF7LE�`er ce�•s 4P� ��� d�ll iI40� G���
❑RIG.NM71�1R
❑FP�RrMEN7 HFAA� �I$�B A�IC'�il� ����
�lkR �4qi1F7h{7Ndt IfJFDRMAiIOLV A 7 r}q
G4fY�MGt: ��(�� R����� I�LJ
iM1$V[F$jTl�4#J 6Y COUiJCIL'
+,� appanv[o
;�.; Oi't'I�R f4E$GRIBE�
I �rtca�sa�u Hw
GkTY S�CRF.'fAHY
oa� e
�lan��y €�e�dJP��bx�c l�tili�t��s
�F'�'ic� �f th�e Cit,y �ecr�tary
r•��r�ary i�, 1���
�e�tific�te af �onve���enc� an� N�ce�s��t,�+ �or �ra�n�rd Carriaqe
Li vtr�r
�l��ched �re th� �o��ra�� w�f�h �h� a�av� re�er��c�d car��ra�t�r �or th� ab��+e
ref�r�r��e€� �r�je�t. l��1 s���na��r�s �rxc�pt �hose af t�e abov� ��rntra�tinc�
par�y have �een ��f��c�d. P��a�e obtain th� n��essa�,y si�r�at�ar��s and r�turn
�h� co��e� s�a�n��d "�fficia� f�ec�r�d, C��y+ �ecr�t��y, Fart 4,�r�#�, 7exas°� t�
�he �Pf�ce o� the Ci�,� S�cre�kary for tN� as�irlr�ment �f a��ntrac� nu�r�ber� �nd
�l�lk�t�.