HomeMy WebLinkAbout024905 - General - Contract - Ron Investments, LTD.CITY SECRETARY
CONTRACT NO O �'-
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS S
COUNTY OF TARRANT $
THIS AGREEMENT 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, hereinafter referred to as the "City", and
acting by and
through its duly authorized h t ke J (0v1 L%i /
____ rt , hereinafter referred to as "Grantee'
W I T N E S S E T H:
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, use and occupy portions of
the space under, on and/or above the streets, alleys, sidewalks or
other public rights -of -way as follows:
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The location and description of said encroachment is more particu-
larly 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 prop-
erty. The estimated total amount of said fee is 5
are
X 0? %K / 9 DEANS 5 `/
Grantee, at no expense to City, shall make proper provision
for the relocation and/or installation of any existing or future
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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, rein-
stallation, 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 deter-
mined by City.
6 • air qg • ii 1)
The term o.f this agreement shall be 1q d ,
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.
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.
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8.
City, through its duly authorized representative,. shall have
the full and unrestricted right• to enter upon all public rights -of -
way for the purpose of making inspections to determine compliance
with the terms, covenants and conditions, herein. In the event that
any inspection should reveal a breach of any terms, covenants or
conditions herein, 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 pro-
tection 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, supplies, materials or other property from
said location. Grantee further 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- to 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
4
Transportation and Public Works .or his designee. Grantee agrees to
begin such repairs within thirty (30) days of receipt of notice
from the Director of Transportation and Public Works or his desig-
nee. All repairs shall be performed in an expeditious and workman-
like 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 Anyother 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 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 pub-
lic rights -of -way, including the portions of such streets used and
encroached upon as described herein, as trustee for the public;
5
that City
exercises
such powers over
the
streets as have
been dele-
gated 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 term
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 cancelled
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.
13.
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 pub-
lic property and all persons performing same, and shall be solely
6
responsible* for the acts 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 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, --employees, contractors, subcon-
tractors, 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 indem-
nify 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.
7
15.
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 propertyaslocated and described in Exhibit "Be. The
amounts of such insurance shall be not less than the following:
Property damage, per occurrence $100,000.
Bodily injury., per person $250,000
Bodily injury or death, per occurrence $5007000
with the understanding of and agreement by Grantee. that such insur-
ance amounts shall be revised upward at City'.s option and that
Grantee shall so revise such amounts immediately following notice
to grantee of such requirement. Such insurance policy shall pro-
vide �A$�
that it cannot be cancelled or amended without at least t Kn
(6j 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
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 insur-
ance 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.
N
16.
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.
17.
This agreement shall be binding upon the parties hereto, their
• successors and assigns.
18.
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 andoccupancy of City property as permitted here-
under, venue for said action shall be in Tarrant County, Texas.
19.
In any action brought by City for the enforcement of the obli-
gations of Grantee, City shall be entitled to recover, interest and
reasonable attorneys' fees.
EXECUTED this day of , 19___.
GRANTOR: GRANTEE:
CI F F OR H I�b►Ji t�lS-�YLTD
BY: T Ado
LA
Building Offi ial /�I By: ,
APPROVED )O FORM AND LEGA
LITY: /
1y CiMy Atto
ty Secr
.n Date:__________
�tary Date: -
9
'lip
Contract Authorization
Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFOREHE, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared
S.el-' ems• , known to me to be the person whose
name is subscribed o the foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of
and in the capacity therein stated.
VEN UNDER NY HAND AND nSEAL OF OFFICE this day of
19g,
TANYA MIRO
NOTARY PUBLIC
`,,,, State of Texas
Comm. Exp. 0&02.2001
10
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APPLICANT MUST CALL FOR AND RECEIVE A AN INSPECTION AFEP
ALL APPROPRIATE BARRIERS OR OBSTRUCTNARE IN PLACE
i - I
ri,
STATE OF TEXAS
COUNTY OF TAR -RANT
BEFORE HE, the undersigned authority, a Notary Publ in at'rd
for a St to of Texas, on this day personally appeared �.
, known to me to be the person whose
na a is subscribed to t -he foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consider..
ation therein expressed, as the act and deed of
and in the capacity therein stated.
GIVEN UNDER HY HAND AND SEAL OF OFFICE this OC day of
, -19 9q.
�tµr GLORIA PEARSON
Notary Pubk
'`' STATE OF TEXAS
OF�g My Comm. Exp. 04/02/2002
Notary Public in and for
the State of Texas
M
10
E108
INQ
CITY OF FORT WORTH
DEVELOPMENT DEPARTMENT
STREET ENCROACHMENT PERMIT
PERMIT -NO: C 99141 900 02
APPLICANT: RON I NVESTMENTS , LTD.
SQFT-STREET: 188 SQFT-SIOEWALK:
OEWAL_K :
PERMIT -FEE: $120.00 EXTENSION: 000 DA'' • EXT-FEE
TYPE OF ENCROACHMENT: DUMPSTER
LAST -ACTIVITY: 05 21 99
ISSUE -DATE: 05 21 99
START -DATE : 05 24 99
EXPIR-DATE: R -DATE : 06 11 92
EXTEND -PERMIT : N
USE: XA
DURATION: 12
$0.00 STATUS: A
THE APPL I CANT NAMED ABOVE I S HEREBY GRANTE(] PERM I SS I ON TO OBSTRUCT
A CERTAIN PORTION OF THE STREET AND/OR :ICEWALK,
AT: 00106 [) I R : LJ STR: 6TH TYPE: ST i= OF : MLT: 000
ADDITION: CITY L'-:1-OCK: 97 LOT: 9 M1_T: 002
SAID PORTION OF STREET AND/OR S I DEWAL.K I S ALLOWED FOR THE: APL I CANTS USE TO
BE : MISCELLANEOUS
THIS PERMIT I S GRANTED ON CONDITION T"E-AT THE APPL I CANT. Li I LL COMPLY Li I TN ALL
ORDINANCES GOOE RN I NB SAME , AND THAT HE WILL. PROS) I DE TEMPORARY SIDEWALKS FOR
THE PEDESTR II ANS USE , I F REQU I RED BY BLI I L.D 1 NB OFFICIAL. , AND THAT THIS PERM I T
WILL. RE NULL. AND VOID FOR ANY VIOLATION (..)F THE CITY ORD I NANCE
COMMENT : B99 139005-0 11-00
*** PERMIT HAS BEEN PA I) AND I S IN ACTIVE STATUS ]k3E*
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