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Home My WebLink AboutContract 27197� FORT �ORTH SiREFT �fdClt��eCbMEfdi PERMfIi Address: 555 COMMEItCE 5T Par"Cel Ip; Addition: BA55 PERFORMANCE HALL slock/Lo�; / APPLTCANT LINBECK C4N5TRUCTIpIV OWNER BASS PERFORMANCE HALL L�cense #: Type of Encroachment: LANE CLOSURE FOR EMERGENCY REPAIRS Work 5tart ❑ate: �ermi� #: 5�a�us: �ate �ssued: Expiration oate: permit Exten'Cian: N No. oays �xteded: Fee [alculation 3 �ays or Less = $a.00 Total Permit Fee......: Paymen�s ............... � 7? 7'7 �cal--o11.79 ISSUED 1Q/2S/20�1 Ol/�.G/2042 The applicant named abave is hereby granted p�rmission to obstruct a certain portion ofi the street and/ar sidewalk. This permit is granted on condition that the appiicant wil`I comply with all ordinances go�erning same and that he will provide temporary sidewa�ks for the pedestrians use, if requ�red by Building official, and that this perml� will be null and void for any violation o� the city nrdinance. APPLTCANT MUST CALL FOR AND RECEIVE AN INSPECTION AFT�R ALL APPROPRIATE BARRT�RS ARE IN PLACE TO SCHEDULE INSPECTZOIVS CA�� 17--�71—fi370 DEPARTMENT OF DEV�LOPMENT 1��VC:�I�� r��' ��v��Q� � � i V9 YUVI+:YY4� •"o'� _ � 7HE CITY OF FORT WORTH � 1000 �HROCKMORTON 5T * Fort Worth, TexaS 76102 517-871-785I * F'AX 817-87�.-81�.6 �ITY �E�R�i��Y �� .: � CC)NTf�A�� NC� . = CO1�SEl�T A�REE�E�T FOR TEl�[PORA.RX USE �F PUBI�IC PROPERT� STATE OF TEXAS COUNTY QF TARRANT THIS AGREEMENT is made and entered into by and between the City o� Fort Worth, a municipal carporation of Tarrant County, Texas, aciing herein by and thxough iis duly authorized Building Official, herinafter r�eferred to as th� "City"' an� �� . , acting by and through its duly authorized.._r ��" �'��- ��r=�-'��T� �fr=� [��,eu_c �s��sv��! �. , hereinafter referred fo as "Grantee". V�ITNESSETH: 1. For and in consideration of the payment by Graniee of the charges set out below and the true and faithful performance of ihe mutual cavenants herein contained, City hereby grants to Grantee permission to temporarily encroach upon, uses and occupy portions of the space unde:r, on and/or above the s�reets, alleys, sidewalks or of.her public rights-o� way as foliows: � �da ��s� ��✓�,� G�.�,�a c�° � C,��av�1 �� s- co��.�C �. �. - •, , The location and description of said encrvachment is more par�icu�arly describ�d in E�bit "B" attached hereto, inco�porated herein and made a part hereof for aIl purposes. �� All use and occupancy of public streets, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance vvith �he Charter, Ordinances and Codes of City and in accoxdance with the directions of the Building Official and the Director of Transporia�ion and Pu61ic Works o� City. 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachrnent by Grantee in, under, on or above the surface of the public righ�s-of-way involved. � Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion o� the public xights� of-way as described in Exhibit "B". Said fee is calculated in the manner and amounis prescribed by ihe Building Code of #he City of Fort Worth for temporary use or occupancy of public propexly. The estimated total amount of said fee is �� '� ��m��o �� v,� ��.�, �i�-�` �� Zr� �� >c Aa�t �Z � � 1(� C� � � � 2� S��-�, , ' O2 � � � T � n ;�� '�`��.' `�� 1 -r�rr[� � _ .�' � $. Gxantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or fiiture traffic contro� devices or other improvements af�ected by such encroachment, use and occupancy, including the s�curi.ng of approval and consent from �he _ appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation vr repair of any existing or future traffic control d�vice or improvement owned or constructed by or on behalf of the pub�ic or at public expense is made more costly by viriue of the existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cosfi as determined by City. � The term o� thi.s agreement shall be �or � 1�%r�ra� days, from �� to � A��, provided, however, should the need for the encroachments granted hexeunder at any tfine cease, Grantee agrees to immediately notify City of such condition; and, upon rreceipt of such notice by the Building O�ficial o�the City of Fort Worth, this agreement shall terminate. � �. It is expressly understaod and agreed that �his Consent Agreement is for a tempara�y encroachmer�i in, under, over and upon t�e public property as located and described in Exhibit "B". This agreement shall not be constru�d as the granting of a permanent ea�ement, encroachmen� or licens� upon City's public streets, alleys, sidewalks or other righis-of- way. : City, through its duly autbarized representatives, shall have the full and unrestricted right to enter upon all pubiic rights�of-way for the purpose of making inspectians ta determine compliance with the terms, covenants and conditions herein. In the event tha� any inspection should reveal a breach of any terms, cov�nants ar conditions herein, City shall give Grantee notice of such breach. Should such breach not be correcfed 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 healf.h or saf�ty, City may �erminate and cancel this agreement. � Upon expiration or termination of�his agreemeMt for any r�ason whatsoever, �r�rantee shall, at no expens� to City, restore the public rights-ofi-way and adjacent supporting structures to a condition acceptabl� to the Director of Transportation and Public Works or his duly authorized representative and in accordance wifh then existing Ci�y specifications, and Grantee shall ren�ove all barricades, equipment, supplies, materials or other propezty from said location. Grantee further covenants and agrees that for a period of one (1 } year aft�r the termina�ion of this Consent Agreement, Grantee will repair all conditions or damages too the streets and sidewalks or other rights--of way that h�.ve resulted from Grantee's use or occupancy o�th� streets and sidewalks or other rights-of way, as determined by the Direetor of Transportation and Public Works or his design�e. Grantee agrees to begin such repairs within thirty (3Q} days o�receipt of notice from the, Di�rector of Transportation and Public Works or his designee. All repairs shall be performed in an expeditious and workxnanlike mannez and shail comply with all applicable Iaws, codes, ordinances and City sp�cifications. � In the event that Grantee fails to comply with the covenants herein contained wi�h respect to such removal ox restoration, the City shall have the right to remove or dispose of any barrieades, equipmeni, supplies, ma�erials or other property and repair any conditions �hich ir� the opinzon of the Ciiy are necessary to bz'ing the public rights-of way to the conditzon prescribed her�in, 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 �or the cost and expense o� such removal and/or repai�rs immediately �ollowing billiz�g for same by City. Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of ihe City of Fort 'Worth and the Iaws of the State o� Texas for Grantee's continued encroachment 5 upon the publ�c rights-of way follawxng termination o�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 righis-of- way, including the portions o� such streets used and encroached upon as d�scribed herein, as trustee for the public; that City exercises such � powers aver �h.e streets as have been delegated to it by the Constitution of the Stat� of Texas or by the Legislatur�; and that City cannot con#xaci away ifis duty and its legislative power to control the streets for the use and b�nefit of the public. Zt is accordingly agreed that if the governing body of City, to wii, its City Councii, should at az�� iime during the term hereof determine xn its sole discxetion to use or cause or p�rmit to be used for any public purpose the said en�roached portion of the streets, �hen �is agreement shall be automatically canceled and terminated. I l. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulaiions in connect�an with the construction, operation and maintenance o�said encroachments and uses. 12. Grantee agrees to pay pramptly when due all fees, taxes ar xentals provided %r by this agreemeni or by any federal, state or local statute, 1aw or regulation. � 13. Grantee covenants and agrees that it shall exercise all xights and privileges granted hereunder as an independen� contracior, and not as an officer, ageni, servant or emplayee o� City; that Grantee shall have exclusive control of and the exclusive right to control �he detazls of its operations and acti�ities on sa�d descxibed public property and all persons performing same, and shall be solely responsibl� for the acis- � and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between City and Graniee, its off cers, agents, servants, employees, contractors and subcon�ractors, and nothing herein shall b� construed as creating a partnership or joint enterprise between - City and Grantee. 14. Grantee cavenants and agrees to indemnify, and does h�reby indemnify, hold harmless and defend Ciiy, its officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss andlor personal injury, including death, to any and all� persons, o� whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the maintenance, occupancy, use, existence or �ocatinn o� said encroachment and uses granted hereunder, whether ar not caused, in whole or in part, by alleged negligence of officers, agents, servants, 7 employees, cont;ractors, subcontractors, licensees or invitees of City; and g�aritee hereby assumes all liab�lity and responsibility of Czfiy, its officers, agents, servants and employees, �or such claims or suits. C'rrantee shall likewise assume all liability and responsibility and shall indemnify City for any and al� injury or damage to City praperty, arising out of or in connection with any and aIl acts or omissions af Grantee, its off cexs, agents, servanfs, emp�oyees, contractors, subcontractors, licensees, invitees or irespassers. 15. Grantee agrees to furnish City with a Certificate of �nsurance, naming City as certificate holder, as proof that it has secured and paid for a poliey of public liability insuranc� covering a11 public risks related to the proposed use and occupancy of public property as located and described zn E�ibit "B". The amounts of such insuxance shall be not �ess than the following: Property damage, per occurrence $100,OD0 Bodily injury, per person �Zso,oao Bodily injury or death, per occurrence $500,000 With the und�rstanding of and agreemeni by Graniee that such insurance amounts shall be revised upward at City's optivn and that Grantee sha11 so re�ise such amounts immediately following natice to grantee of such requirement. Such insurance policy shall provide tihat it cannot be canceled ox amended withoui ai least thirty (30} days' prior wxitten notice to �he Building Official o� the City of Fort Worth. A copy of such CertificaYe of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar : EXECUTED This l°��'` day of . Q�� r GRANTOR: : C�TY QF FORT W� BUILDiNG O�`�`I�IAL � APPRO � TO FOR1Vi AllTD LEGAL�TY: �� C T•�C'.A.TTORIQEY ` DA't'E'�- 1� i (��--�rr�` �'� � _ ��' G�1TY SECRE` -F�� "�"` DATE:%� J_r"3,,,-�- �� _ � i _ . ,� � � , _ , - Con��act Au�hori�a��an - Date �� t C��i� �"e'� i c� e�t T1TLE � ��d�a�� f � �A ��, �� _-�--- , 200�. GRAI�TEE: � b..�u�-VJ C�['�' � YLS�'- Y't..tG�i � 1ti., �o�v- l'a . a �� BY: 4�'Q'(�. �� STATE �F �"EXAS C4 UN�"Y �F TA�RA�T BE�"ORE M�, tlie itr�dersigjted atttltority, r� Not�try �'r�blic in� � Fo the ,Strc�,�, o exas, t i�s d�iy ersonally appearetl' � ' �-- � `� ' .�.' ,kno�vn fo me fo be flae persorr svlaose � taa�ne is sicbsct�i erl ta tlte foregoirig i�strt�ment, t�nt� rtcknowledged ta me tftat fae/slie execuferl tlae sarrre foY the pacrposes r��zd considernfiari tlaerein expresserl, trs tl�e cict trrtd deerl o�' �� rrnt� itt tlie ctrprrcity tl�ej•ei�z statec�: �;I%E UNDER MYHAIVD AND SEAL OF OFFICE tftis ��ifay o� � E.� �� ; z0� . . 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