HomeMy WebLinkAboutContract 14921 CITY SECRETARY
CONTRACT No.Z� l
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
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
hereinafter referred to as the "City",,-and
THE ORIGINAL MAVERICK, INC.
102 E. EXCHANGE AVE. FORT WORTH, TEXAS 75
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, the City of Fort Worth hereby
grants to Grantee permission to temporarily encroach upon, use and
occupy portions of the space on and/or above the public streets at
the locations and for the purposes described in Exhibit "A" attached
hereto. Said Exhibit "A" is incorporated herein by reference and is
to be considered as a part of this instrument.
2.
All use and occupancy of public streets under this Encroachment
Agreement shall be in strict compliance with the Charter , ordinances
and Codes of the City of Fort Worth and in accordance with the
directions of the Building Official and the Director c,f
Transportation and Public Works of the City.
3.
Upon the expiration of this Fncroachment Agreement, and the
privileges granted hereunder, there shall be no encroachment by
Grantee in, under, on or above the surface of the streets and
sidewalks involved.
4.
Grantee, at no expense to City, shall make prober 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 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
construction, maintenance or existence of such encroachment and use,
Grantee shall pay to City an additional amount equal to such
additional cost as determined by the City.
5.
Grantee agrees to pay in advance an encroachment fee for the
temporary privilege of encroaching upon a portion of the public
streets as described in Exhibit "A". 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 set forth in Exhibit "A".
6.
The term of this Agreement shall be for the period specified in
Exhibit "A", 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 (-)f 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 over and upon the public
property as located and described in Exhibit "A". This Agreement
shall not be construed as the granting of a permanent easement, en-
croachment or license upon City's public streets or sidewalks.
8.
City, through its duly authorized representatives, shall have
the full and unrestricted right to enter upon all public streets for
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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, City may terminate and cancel
this Agreement. No refunds of the encroachment fee will be made
should this Consent Agreement be cancelled due to a breach thereof.
9.
Upon termination of this Agreement for any reason whatsoever,
Grantee shall, at no expense to City, restore the public streets 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 specifica-
tions, 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 that have
resulted from Grantee's use or occupancy of the streets and
sidewalks, 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 Grantee fails to comply with the covenants heieiri
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 City are necessary to bring the
public streets 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
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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 streets following termination of this
Consent Agreement.
10.
It is further understood and agreed between the parties hereto
that the City of Fort Worth holds the City streets and sidewalks,
including the portions of such streets used and encroached upon as
described herein, as trustee for the public, that the 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
the City of Fort Worth cannot contract away its duty and its legis-
lative power to control the streets for the use and benefit of the
public. It is accordingly agreed that if the governing body of the
City of Fort Worth, 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 existence, 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 Ur
local statute, law or regulation.
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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
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 nut
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 idemnify, and does hereby
indemnify, hold harmless and defem3 City, its officers, agents,
servants and employees, from and against any and all claims or suits
for property damage or loss and/or personal injurv, 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 h)c'Itivn
of said encroachment arid 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 al i liability and
responsibility of the 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, arisinq out of or in
connection with any and all acts or omissions of Grantee, its
officers, agents, employees, contractors, subcontractors, licensees,
invitees or trespassers.
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15.
Grantee agrees to furnish City a Certificate of Insurance 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
"A". The amounts of such insurance shall be not less than the
following:
Property damage, each occurrence $100,000
Personal injury or death, each occurrence $300,000
with the understanding of and agreement by Grantee that such
insurance amounts shall be revisecl 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 cancelled or amended without at. least ten (10)
days prior written notice to the Building Official of the City of
Fort Worth.
Grantee agrees, hinds and obligates itself, its heirs and
assigns to maintain and keep in force such public liability
insurance at all times during the term of this Agreement. 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 the Building Official and the Director of
Transportation and Public Works, 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.
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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 attorney's fees.
EXECUTED this ��day of19. ��.
CITYO RT WORTH, G ANTnR
By: 1
ATTEST: !
City Secretary
A PR VED AS TO FO M Z(G� 7TY: GRANTH'F:
---
City Attorney
sr
Date: ATTEST:
Contract 9uthorization
Date
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ISSUE DATE(MMIDD/YY)
2-28-86
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON-
FERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT
Alexander & Alexander of Texas, Inc. = AMEND,EXTEND OR ALTER THE COVERGE AFFORDED BY THE POLICIES BELOW.
6100 Western Place <'
P.O. Box 2950 COMPANIES AFFORDING COVERAGE
Fort Worth,Texas 76113.2950
Telephone 817 737-4000 COMPANY A
LETTER Fireman's Fund Insurance Companies
COMPANY B
INSURED ^° LETTER
Triad Corporation Etal COMPANY C
The Original Maverick LETTER
131 E. Exchange Ave. COMPANY D
Fort Worth, Texas 76106 LETTER
COMPANY E
LETTER
• THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN-
DICATED.NOTWITHSTANDING ANY REQUIREMENTS,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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILTIY LIMITS IN THOUSANDS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY) EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY
A X COMPREHENSIVE FORM 92 UA 310 81 94 4-1-85 4-1-86 INJURY $ $
PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL COMBINED $ 131 000 $ 1,000.
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY BODILY
INJURY
ANY AUTO (PER PERSON) $
ALL OWNED AUTOS(PRIV.PASS) BODILY
ALL OWNED AUTOS(OTHER THAN / INJ $
PRIV.PASS I ( �T)
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY BI&PD
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM BI&PD
COMBINED $ $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
$ (EACH ACCIDENT)
AND
EMPLOYERS'LIABILITY $ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOLYEE)
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS GtK k` 1 �� A'•
Cit of Fort Worth Municipal Building SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Y P g EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Director of Transportation & Public MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED rn
Works THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
1000 Throckmorton AUTHORIZED REPRESENTATIVE
Fort Worth Texas 76102 C. Don
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