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Home My WebLink About029358 - General - Contract - LANDMARK PROPERTY L.P. DBA THE LANDMARK TOWER BUILDING CITY CONSENT AGREEMENT CON RACT NO. FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS 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, herinafter referr d to as the "Ci an acting by and through its duly authorized oto �e� �`�-�Qg� ►� t x,e-w`�' - o� C u e� ��s°Vhereinafter referred to as "Grantee". WITNESSETH: 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 other public rights-of-way as follows: � •r,n qa 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 2-QOX l0� •ol = a� X =45 o D 6 -IT zJ?V - ..-� 5. 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 2- c�—days, from to 10-16-P-2 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. t V .!r L ¢ •n 1 � RA Z�I ctj',1 p.0 �L t 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 nights-of- way. 8. 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 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 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 a P 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 alequipment, 1 barrir.,ades, 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 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 (30) 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 P 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 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 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 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 agreemenfor by any federal, state or local statute, law or regulation. . � , YES 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 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, SERVAN'T'S 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 WHA'T'SOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTEN NCE, 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, 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 SMALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SMALL 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. 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 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 $2505000 Bodily injury or death, per occurrence $50000 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 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 '.caring 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. 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 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. EXECUTED This day of oy , 200�S GRANTOR: G TEE: CITY OF FORT WORTH 1� L BY: BUILDING OFFIC r APP FORM AND LEGALITY': "�--�Lk Cry TITTLE L 7 �- �S CITY ATTORNEY DATE: *Z CITY SECRET DATE: /I-11r 0 2-�j j� . rn, 0- t�Ln C-Ij �ntract Authorization STATE OF TEXAS COUA'TY OF TARRANT. BEFOREME, the undersigned«uthoriV, a Notary Public in and Fo tjte Sirrte ?f T - on this day personally appeared ,known to me to be the person whose name is subscribed to the for ing instrument, and acknowledged to ine that helshe executed the sane for the. ur os and consideratign therein expressed, as the act and deed of. ; and iri the capacity therein stated. U Uv GIVEN UNDER Pn'H,4ArD AND SEAL OF OFFICE this day Of 7 2O_Q—3. Affiant Notary Public in and The State of Texas �twy R. G . NAREZ * * Notary Public STATE OF TEXAS `79,FOF�y`p�My comm. EXP.09/10/05 1I STATE OF TEXAS COUNTY OF TART,4NT BEFORE 1E, the undersigned authority, a Nota7 Public in and For the State of Texas, on this day personally appeared 1QA1 M l k ,known to nae to be the person whose name is subsaribed to the fb reg®hng and aelmowledged to nne that heIshe executed the same for thepu uses and consideration therein expressed, as the asp'and deed of and in the capacity therein stated. TIER �?N 31-Y HAND SFA. OF OFFICE this day of CSU t1y 2€i . Affiant `� Z S -4�E Title q _t Notary Pub4l in and for The State of Texas 12 Contractors Name: C �v�Ca>1�es e Ccs Point of Contact:-& o_& Phone Number: 1 I1_22 S Building Permit Number:_ p _0 tk Purpose for Closure: "k s8 e 9S�`f_R Begin Date:l`-26 -O'S End Date: Z-z 6-n Type of Taper according to posted speed limit: Tapers @ 30 MPH 10ft Offset 30ft minimum 1 i _CAX 1 p- Tapers @ 35 MPH 1Oft Offset 35ft minimum I1d Tapers @ 40 MPH l Oft Offset 40ft minimum No(k-� ftrrow 77 ..... ---*..,DAYSFf- L 'oo SOD � 1 Y Q J �o 0 V3-1 AA- 2 oo�T �toy• ^ APPLICANT IUAI>;i Gil FOR AM RECEIVE AN f IL- ALLrF ?Jy. T'10 PH M� City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1 FORTWORTHCITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 11/25/2003 PERMIT#47289 MAPSCO D.O.E.# (if applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME BEGIN END BEGIN END SAT. SUN. 1.HOUSTON ST 700-800 W 6TH ST W 7TH ST 11/26/2003 12/24/2003 2.W 7TH ST 200-300 HOUSTON ST THROCKMORTON ST 11/26/2003 12/24/2003 TYPE OF WORK TO BE PERFORMED:(CHECK ALL THAT APPLY) ❑RESIDENTIAL ❑COMMERCIAL(SITE PLAN# ) ❑FUND RAISER ❑CURBIGUTTER ❑DRIVE APPROACHES ❑SIDEWALK R OTHER ❑SPECIAL EVENTS ❑HANDICAP RAMP ❑STORM DRAIN ❑UTILITY(TYPE ) ❑BLOCK PARTY WILL FULLY CLOSE ONE SIDEWALK AREA AT A TIME(ONLY)ON THE ABOVE STREETS TO REPLACE PANELS IN THE WINDOWS AT THE LANDMARK BUILDING. THIS PERMIT IS GRANTED TO THE CONTRACTOR/APPLICANT UNDER THE FOLLOWING CONDITIONS: • CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARD SPECIFICATIONS FOR STREETS AND STORM DRAIN CONSTRUCTION MANUAL" • ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN(TCP)SUCH AS SIGNS,STANDARD TYPE I BARRICADES SAFEGUARD THE PROPERTIES AND PUBLIC • CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES • ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR • A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL BE PROVIDED • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE. CRESTVIEW RESOURCES,LLC CYNTHIA ALEXANDE2(?_- CONTRACTOR/APPLICANT PERMIT ISSUER EMERGENCY CONTACT NAME ALAN MEEKER 24-HOUR MOBILE 817/307-2525 PGR# FAX# PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 http://tpwpermit.cfwnet.org/popup_permit.asp?pennit_ld=47289 11/25/2003