HomeMy WebLinkAboutResolution 1979-011
RESOLUTION NO. 79-11
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
The City Manager be and is hereby authorized and directed to
excute the attached agreement with Public Bench Ads, Inc., on the act
and deed of the city.
PASSED AND APPROVED this 14th day of May, 1979.
, .1t~-d~
Dick Faram - Mayor
ATTEST:
J nette Moore - City Secretary
STATE OF TEXAS )
)
COUNTY OF TARRANT)
KNOW ALL MEN BY THESE PRESENTS:
This contract and agreement is entered into this
14th
day
of
May
, A. D. 1979, by and between the City of
North R ichland Hills, a munic ipal corpora tion in Tarrant County, Texas,
hereinafter called "City", and Public Bench Ads, Inc., an independent
contractor, acting by and through
its duly authorized President, hereinafter called" licensee",
WIT N E SSE T H:
That for and in cons ideration of the convenants, promises and
agreements herein set forth I City does hereby grant to Licensee the
privilege of placing and maintaining at various locations on City streets,
avenues, parkways and/or other public placesl bus stop type benches
bearing commercial advertising. Licensee's privilege to maintain such
bus stop type benches shall be in full force and effect for a period of
five (5) years I beginning .11Jly 1, 197q
I and end ing
.llmp ~n, lqR4
unless terminated sooner.
The parties hereto furtherconvenant and agree a s follows:
1.
Licensee agrees to supply I deliver, place and mainta in a minimum
of thi rty
new bus s top type benches on public streets I
a venues I parkways and/or other public places in North R ichland Hills: Of
this total, Licensee agrees to install at least
ten
bus stop type benches by
~~rtpmh~r 1, lq7Q
I and thereafter I
twö
bus s top type benches per month until
thirty
bus stop type benches are installed in public streets, avenues, parkways
and/or other public places of the City of North Richland Hills by Publ ic Bench
Ads, Inc.
. Licensee further agrees and covenants to supply, deliver,
locate and maintain any additional needed bus stop type benches requested
by City. Such need for additional bus stop benches shall be determined by
the City M ana;]er. Should Licensee be unable to supply such additional
needed bus type stop benche s, City shall have the right to acquire such
benches from another company of City's choice.
2.
As consideration for the privilege herein granted to place and
maintain bus stop type benches on public streets, avenues, parkways and/
or other public places in the City of North Richland Hills. Licensee agrees
to pay to City on or before the 1 st day of Jul y
of each year during
the term of this agreement an amount equal to the sum of $720.00
plus Twenty-Four and No/lOa Dollars ($ 24.00)
per bus stop type bench in excess of thirty
benches in place on the 1st day of July
of the subject year.
The first annual payment hereunder shall be due on or before
July 1
1979 . All payments hereunder shall be made at the office of the City
Secretary of the City of North Richland Hills.
3.
Prior to placing said bus stop type benches I Licensee shall submit
to the City Manager, or his duly authorized representative, pictures and
specifications of the bus stop benches which Licensee proposes to use under
this contract. Such placement of benches by the Licensee on City streets,
avenues I parkways and/or other public places shall be conditioned upon
the prior approval of specifications and location by the City Manager.
4..
It is expressly understood and agreed that delivery and placement
of any bench at any location on City streets, avenue s, parkways and/or
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other public places shall constitute a warranty by Licensee that such bus
stop type bench is fit for public use for the purpose for which it was
installed, and is free from any defect in design or condition that might be
hazardous to the public.
5.
Licensee expressly covenants and agrees to maintain at its sole
expense all benches in a safe, comfortable I clean, attractive and well-
repaired condition acceptable to City. Licensee agrees to replace or repair,
at ttssoleexpense, ônd to the satisfaction of the City, any such bus stop
bench that might become damaged or broken. All repair and maintenance
required by this License shall be performed in a workmanlike manner and
with the standard of care necessary to maintain the benches in a condition
which is safe for the public use. Such maintenance shall include I but not
be limited to the following: Cutting grass and undergrowth under and around
the benches as necessary, and keeping the bench free of debris and litter.
Seats I if wooden, shall be repaired or replaced as necessary to keep them
free of splinters and protruding bolts. "Ends and legs, if concrete, shall
be repaired or replaced as necessary to keep them free of breaks, cracks
and crumbling. Advertising shall be repainted, rescreened, reprinted or
replaced as necessary.
Licensee I s duty to clean, re pair or replace such bus stop type
benches shall exist regardless of whether the bus stop benches were negligently
or intentionally damaged or broken or otherwise subject to malicious mischief
or acts of vandalism. Licensee I s obligation to clean, repair and maintain
said bus stop benches is absolute, and is not dependent upon any
notification by the City; however, Licensee agrees to clean, repair and
replace any damaged, dirty or broken bus stop benches immediately upon
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receipt. of written notice from City, and in no event later than seventy-two
(72) hours after receipt of such notice. At any time a bench shall be removed
from its location in the public street I avenue I parkway and/or other public
place for maintenance, cleaning or repairs, a similar bus bench in good
condition shall be substituted and left in its place at Licensee's expense.
Failure by Licensee to comply with the provisions of this paragraph, or to
timely clean, repair or replace said benches upon City's request and to
City's satisfaction shall constitute a breach of this agreement, and City
shall have the right to cancel this License and agreement without further
notice to Licensee.
6.
No bench shall be placed contiguous to residentially zoned property I
unless prior written consent is given by the owner of the property which
abuts upon the street, avenue, parkway or public place at the point nearest
to where placement of the bus stop bench is contemplated. It shall be the
responsibility of the Licensee to secure such written consent in advance
of installing any bench contiguous to residentially zoned property. No bus
stop type bench shall be located so as to any way constitute a hazard to
traffic or to public safety.
All bench locations must be approved in writing in advance by the
City Manager or his duly authorized re presentative, and no bench shall be
located or installed on any public street, avenue, parkway and/or other
public place without such prior written authorization. Licensee shall within
seventy-two (72) hours notice by the City, remove any benche s located or
installed on public streets, avenues, parkways and/or other places without
such prior written authorization. On the 1st dBYOÙ"{pi r. of each year
during the term of this agreement, Licensee shall furnish the City Manager
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a list showing the current location and the date of installation of each
bench located on City streets, avenues I parkways and/or other public
places.
At times during this agreementr City may deem it necessary
that certain benches be removed or relocated. Licensee shall so remove or
relocate said bench, at Licensee I s expense r within seventy-two (72) hours
after writtten request is made by the City Manager, or his duly authorized
representative.
7.
City grants to Licensee the privilege of installing commercial
advertising on each bench placed and ma intained in the City street, avenue,
parkway and/or other public place under this agreement. No obscene or
X-rated cinema advertisements shall be permitted on said bus stop benches.
8.
The payments hereunder to be made to City are for the License
and privilege of using the streets I avenues I parkways and/or other public
places within the City of North Richland Hills for the location of bus stop
benches. The privilege of using such streets, avenues I parkways and/or
other public places for the location of bus stop type benches shall not be
construed as granting any right, title or interest to same, and all such
location sites shall be and remain the property of the City of North Rich~and
Hills, Texa s .
9.
The privilege granted herein to Licensee to place and maintain
bus stop type benches on public streets, avenues, parkways and/or
other public places within the City of North Richland Hills is hereby
-5-
limited by and shall be exercised solely in accordance with the terms I
conditions and provisions of this agreement, and any violation of any such
terms I conditions or covenants by Licensee shall constitute grounds for
cancellation by City, but the failure of City to cancel same for any violation
shall not be deemed to waive the right of cancellation for any future violation.
City may cancel this License agreement seventy-two (72) hours after written
notice of violation is given to Licensee and such violation is not corrected.
In the event of cancellation or termination of this License agreement, for
any reason whatsoever, Licensee shall immediately remove all benches from
City streets, avenues, parkways and other public place s r and shall restore
the premises on which same were located to a neatr clean conditionr acceptable
to City, at Licensee's sole expense; and should Licensee fail to remove said
benches I City shall have the right to remove same, forcibly if nece ssary,
and without any liability on the part of the City r and Licensee shall reimburse
City for the cost of such removal. Cancellation of this agreement by City
shall not act as a waiver of any payments due City by Licensee under the
terms of this agreement.
10.
Licensee covenants and agrees to comply with all laws I federal,
state and local, including the Charter and ordinances of the City of North
Richland Hills, and all rules, regulations and requirements of any municipal
authority of the City of North Richland Hills. It is further agreed that Licensee
will obtain and pay for all nece ssary permits I licenses and taxes incurred
or required in connection with Licensee's exercise of such privileges granted
herein; that Licensee will not do or suffer to be done anything on public
grounds or rights of way in violation of such laws, ordinances, rules or
-6-
requirements during the term of this agreement; and that if City calls
the attention of Licensee to any such violation on the part of Licensee, or any
person employed by Licensee, then Licensee shall immediately desist from
and correct such violation or terminate the exercise of the privileges granted
herein.
11.
Licensee shall operate hereunder as an independent contractor and
not as an officer, agent I servant or employee of City. Licensee shall have
exclusive control of and the exclusive right to control the details of the
operations hereunder r and all persons performing same; and Licensee shall
be solely responsible for the acts and omissions of its officers, agents,
servants and employees. The doctrine of respondeat superior shall not apply
as between City and Licensee, its officers, agents I servants and employees;
and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Licensee.
12.
City shall in no way nor under any circumstances be responsible
for any property belonging to Licensee I its officers I agents, employees r
contractors or subcontractors which may be lostl stolen, destroyed or in
any way damaged; and Licensee hereby indemnifies and holds harmle ss City I
its officers, agents, and employees, from and against any and all such claims.
13.
Licensee covenants and agrees to indemnify I hold harmless and
defend, at its own expense, City, its officers, agents, servants and employees,
from and against any and all claims or suits for property loss or damage and/
or personal injury, including death, to any and all persons I of whatsoever
kind or character I whether real or asserted, arising out of or in connection
-7-
with Licensee's exercise of privileges granted herein, whether or not cause,
in whole or in part, by alleged negligence of officers, agents 1 servants,
employees, contractors, subcontractors, licensees or invitees of the City;
and Licensee hereby assumes all liability and responsibility of City I its
officers, agents, servants and employees, for any and all claims or suits for
property loss or damage 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 Licensee's exercise of the privileges
granted hereinl whether or not caused in whole or in part, by alleged negligence
of officers I agents, servants, employees, contractors 1 subcontractors,
licensees or invitees of City. Licensee likewise covenants and agrees to
and does hereby indemnify and hold harmless City from and against any and
all injury, damage or de struction of property of City arising out of or in
connection with all acts of omissions of Licensee, its officers, agents,
employees, contractors I subcontractors I licensees, or invitee s, or caused
in whole or in part, by alleged negligence of officers, agents, se rvants,
employees I contractors I subcontractors or licensees of City.
14.
Licensee shall furnish a certificate of insurance as proof that
it has secured and paid for a policy of public and product liability insurance
covering all risks incident to or in connection with the exercise of privileges
granted herein. The amounts of such insurance shall be as follows:
Property damage, per accident
Personal Inj uryor death , per person
Personal injury or death, per accident
$ 50,000
$1001000
$300,000
with the understanding and agreement by Licensee that such insurance amounts
shall be revised upward at City's option and that Licensee shall so revise
such amounts within thirty (30) days following notice to Licensee of such
requirements.
-8-
15.
Licensee agrees to make I execute and deliver on or before the
I "
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!
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of each yearl commencing with
v.'.<.l./ I
/1 )
19 Ij'cl ,a good and sufficient surety bond payable to the City of North
Richland Hills I conditioned upon the faithful performance of the terms and
conditions hereunder. The penal sum of such bond shall be an amount equal
to the annual amount payable to City each year for the privileges granted
hereunder, and said penal sum shall be adjusted annually to reflect said
amount. In no event shall the penal sum be less than One Thousand and
No/lOa Dollars ($1, 000.00). The surety on said bond shall be a surety
company duly authorized to do business in the State of Texas and acceptable
to the City. Such surety bond shall contain a stipulation that surety agrees
to give City thirty (30) days written notice prior to any modification or
cancellation of said bond by the surety.
16.
Licensee shall not assign all or any part of its rights, privileges
or duties under this License without the prior written approval of City I and
any attempted assignment of same without such prior written approval shall
be void, and constitute a breach of this agreement.
17.
Licensee hereby grants a contractual lien to the City upon all
personal property belonging to Licensee which Licensee places in or upon
the above-described City property as a possessory pledge to secure the
timely performance by Licensee of all of its obligations hereunder 1 and 1 in
the event of default by Licensee, the City is and shall be empowered and
authorized to seize and hold all of the personal property belonging to Licensee
on the above-described premises to secure such performance I to sell same
-·9-
at public or private sale and to apply the proceeds thereof first to pay the -
expenses of sale, and to pay all amounts due the City hereunder, holding
the balance remaining, if any, subject to Licensee I s order. A copy of
this agreement shall be the only warrant required.
18.
Should any action, whether real or asserted, at law or in
equity / arise out of the exercise of the privileges granted herein, venue
for said action shall lie in Tarrant County, Texas.
IN WITNESS WHEREOF, the partie s hereto have executed this
agreement in multiples in Fort Worth, Tarrant County, Texas, this
7'-~
/ (__ L
4
day of
Yn ¡lkJ~o
, A. D. 19 79
f
CITY OF NORTH RICHLAND HILLS
By:
City Manager
ATTEST:
(k~ Y7J~
~y Secretary
APPROVED }1S TO FORM AND LEGALITY:
.- ) ....--
çµ....'. :l-?};¡ () C¿{' ~
i~'~ // -.
/"/ C- / '
éity Attorney
PUBLIC BENCH ADS, INC.
By:
Pre side nt
ATT'£ST:
Secretary
10.
STAT-æ; OF TEXAS )
)
COUNTY OF TARRANT)
B'EFORE ME, the undersigned authority, a Notary Public in
and for Tarrant County, Texas, on this day personally appeared
, known to me to be the: person whose name is subscribed to the
foregoing instrument 1 and acknowledged to me that he executed the same
for tæ purposes and consideration therein expressed as the act and deed of
the City of Fort Worth, as its duly authorized officer.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of
, A.D. 19
My commission expires:
Notary Public in and for
Tarrant County, Texas
STATE OF TEXAS )
)
COUNTY OF TARRANT)
BEFORE ME, the undersigned authority, a Notary Public in and
for Tarrant County, Texas, on this day personally appeared
known to me to be too person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and as the act and deed of
Public Bench ~ds, Inc., as its duly authorized officer.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of
, A. D. 19
My commission expires:
Notary Pµ blic in and for
Tarrant County, Texas
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