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Home My WebLink AboutC2017-084 - 2/3/2017 - NA Revocable License for Use of Premises STATE OF TEXAS § COUNTY OF NUECES § This premises license("License")is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and Flatiron/Dragados ("Licensee"), whose business address is 500 N. Shoreline Blvd., Suite 500, Corpus Christi, Texas 78401. In accordance with Article IX, Section 1, of the City's City Charter, the City by these presents does grant and convey to Licensee, for the term and upon the conditions stated in this License, a License for Use of Premises to allow the Licensee to attach video camera recording equipment to City Hall which is located at 1201 Leopard Street, Corpus Christi, Texas in full compliance and at all times subject to the Licensee' compliance with the conditions specified in this License. The area in which the License is granted for the location of the Licensee's recording equipment is depicted on Exhibit "A" (Location Map) and referred to in this License as the "License Area." The plans for the equipment including equipment dimensions are shown on Exhibit "B" (Plan View) for up to two 3 feet x 3 feet pads. The recording equipment to be installed at the License Area is listed on the attached and incorporated Exhibit "C" and herein referred to as the "Equipment". The City and Licensee agree as follows: A. This License, and the rights granted under the License, may be revoked at any time by the City upon providing the Licensee not less than 30 calendar days' notice in writing by the City's City Manager, or designee ("City Manager"). B. This License becomes effective upon the signature of the City Manager or designee and shall be for a term of up to five years with the expected project completion date of December 1, 2021. This License will automatically renew for a period of one year unless terminated by either party. C. This License may not be assigned by Licensee without the City Manager's written consent. D. The Licensee shall acquire and maintain at all times for the term of this License insurance coverage as may be required by City Risk Manager upon written notice to Licensee. E. Should construction, installation, repair or replacement of the Equipment be deemed necessary by Licensee in the License Area, then schedules, plans and specifications for all proposed work shall be submitted in advance by the 2017-084 2/03/17 Dr Recording Device Page 1 of 9 Flatiron/Dragados INDEXED Licensee to the City's City Engineer for approval prior to installing any equipment. The City Engineer will route to Facilities, Information Technology and Communications for review. The plans must show the type of Equipment, installation schedule, the location of installation, and planned maintenance or adjustments. The Licensee shall also comply with any other laws, rules, regulations, and ordinances that may be applicable, including obtaining all required permits. F. Prior to the start of any approved installation, , Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this License. G. Licensee shall provide all necessary and proper safety devices to prevent injuries or accidents on the City's property. H. Any installation process and use of the License Area by Licensee shall not interfere with the operation of the City or any of its agents, contractors, or franchisees of any existing or future proposed uses. The Licensee shall not compromise the City Hall roof. Licensee shall insure that no penetration or damage is made to the roof of City Hall by Licensee or any of its contractors or agents. I. The Licensee shall insure that the Equipment and the installation are designed with adequate lightning protection for placement on roofs of buildings. J. The Licensee shall not interconnect into any of the City networks or other infrastructure other than electric power. The Licensee agrees to reimburse City for electricity costs at rate of$100.00 per camera per year. K. If, as determined by the City Manager, damage occurs to the License Area or to the public infrastructure or services due to the Licensee or its contractor's or agent's use of the License Area, then Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the premises or services shall be made by the City Director of Facilities or designee. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. L. Use of the License Area authorized by this License is strictly limited to providing recorded images/video of the construction of the TxDOT US 181 Harbor Bridge Project to Licensee. Licensee shall be solely responsible for compliance will all privacy laws and shall insure that unauthorized recordings are not permitted. In the event Licensee learns of any unauthorized recordings at the License License for Use of Premises for Recording Device Page 2 of 9 Area, Licensee shall report such findings to the local law enforcement agency for determination of whether any criminal laws have been violated. M. INDEMNIFICATION. By its acceptance of this license, the Licensee covenants and agrees fully to indemnify and hold harmless the City and the elected officials and officers and employees of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sub-licensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. The City shall cooperate with Licensee in the defense of all claims, proceedings, actions, and suits subject to this indemnification. This indemnification shall not extend to any costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, or suit to the extent they directly or indirectly arise out of, result from or relate to the negligent or wrongful acts or omissions of City or its officers, agents, employees, representatives, consultants, or contractors. This indemnification survives the termination or expiration of this license. N. All signatories signing this License warrant and guarantee that they have the authority to act on behalf of the entity represented and make this License binding and enforceable by their signatures. O. Unless otherwise stated in this License, any notice required or permitted to be given under this License must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: Flatiron/Dragados, LLC Attn: Contracts Manager License for Use of Premises for Recording Device Page 3 of 9 500 N. Shoreline Blvd. Suite 500 Corpus Christi, TX 78401 If to the City: City of Corpus Christi Attn: Director of Engineering Services P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. P. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this License must be brought in Nueces County, Texas. Q. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this License, the completed "Disclosure of Interests" form is attached and incorporated by reference into this License as Exhibit D as if set out here in their entireties. R. In consideration of the License herein granted, Licensee agrees to pay the City $100.00 per month per camera for this License, with annual payment due in advance every March 1. S. Upon termination or expiration of this License, the Licensee shall repair the License Area to its original condition. T. Licensee shall coordinate any entry to City Hall for any installation, repair, or replacement of the Equipment with the City's Facilities Department. U. Licensee may be required to remove the Equipment within 24 hours' notice in the event of a storm situation. Licensee agrees that the City may remove the Equipment at no liability to the City if Licensee fail to take action to remove the Equipment within 24 hours' notice. V. City reserves the right to require Licensee to relocate the Equipment at Licensee's sole cost upon reasonable notice when such relocation is deemed necessary by the City Manager or designee, an Assistant City Manager over the Facilities or Public Works departments. W. This instrument, including exhibits, constitutes the entire License between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This License License for Use of Premises for Recording Device Page 4 of 9 may only be amended by written instrument signed by authorized representatives of the City and Licensee. EXECUTED IN DUPLICATE this OI day of rtrur� , 20 . FLATIRO /DRAGADOS, LLC c 11. 0 61c Og/o / i7 Date ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on � , 2017, by Rob I?CMC-e-- , on behalf of said Corp ation. < SPP JULEE VEDETTE LUGO > I \(' < %C.\ Notary Public • ``� ' STATE OF TEXAS rr4 •�� . ..... My Comm. Exp. 01-21-2019 > No .ry Public's 'gnatur- , ,,,,- v -'V- ATTEST: CITY OF CORPUS CHRISTI rro: By: iltattit) C-1260/2-1 Rebecca Huerta Margie C. Rose City Secretary City Manager Approved as to legal form: Zvi. 3 , 2017 Assistant City ttorney for the City Attorney License for Use of Premises for Recording Device Page 5 of 9 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ' I , 2017, by Margie C. Rose, City Manager of the City of Corpus Christi, : Texas Municipal Corporation, on behalf of said corporation. 90/61A_c_ii MONIQUE TAMEZ LERMA NotAry Pu lies Signature /49./. 0"N ID# 1146231-1 ,• *= Notary Public STATE OF TEXAS .'iq:_1.-, My Comm. Exp. 01.23-2021 ov ./ "k. .. License for Use of Premises for Recording Device Page 6 of 9 EXHIBIT A TO BE MUTUALLY AGREED UPON AND INSERTED MAP SHOWING LOCATION FOR EQUIPMENT INSTALLATION AT CITY HALL License for Use of Premises for Recording Device Page 7 of 9 EXHIBIT B TO BE INSERTED PLAN VIEW SHOWING EQUIPMENT DIMENSIONS License for Use of Premises for Recording Device Page 8 of 9 G F E 8 7 6 5 14 ' ' EarthCam ,,,, „, Webcam Technology CONFIDENTIAL DOCUMENT CONFIDENTIAL AND PROPRIETARY INFORMATION. ANY UNAUTHORIZED USE OR COPYING OF THIS MATERIAL 15 STRICTLY PROHIBITED UNDER PENALTY OF LAW. COPYRIGHT 2016 EARTHCAM. INC. ALL RIGHTS RESERVED C111i(.11:' A_PPR. M., I FIYAI INISII DPAW ING T/PE NAME 500 SDO CD 8 7 6 5 ENG DATE 05/II/2016 ANGLES 3 1 ITEM NO. PART NUMBER DESCRIPTION QTY. I HWO1124 60" NPRM - STAND BAR 6 2 HW01125 60" NPRM - MAST TUBE. 2.375" OD, SCH 40 1 3 HW01126 60" NPRM -SUPPORT ARM BAR 2 14 HW01327-1 5/16"-18 x I" 18-8 SS SQUARE NECK CARRIAGE BOLT, FULLY THREADED 11 5 ECHW99770-I 18-8 SS FLAT WASHER; 5/16" SCREW SIZE 14 6 HWO1011-1 18-8 SPLIT LOCK WASHER, 5/16" SCREW SIZE 14 7 HWO1016-1 5/16"-I8 18-8 SS HEX Nur 14 8 HW 01328-1 5/16"-18 x 3-1/2" 18-8 SS SQUARE NECK CARRIAGE BOLT, FULLY THREADED 3 9 HWO1176 60" NPRM - MAsr SUPPORT BAR I _ .5 ± .1 XX .XXX .03 ..005 TITLE. NPRM 601N. ASSEMBLY SIZEPART NO. ECHWO5147 REV ,._. A FILE NAME: _.... ECHWO5IL7_NPRM_601N_ASSYJ2EV3 THIRD ANGLE PROJECTION SCALE. 1:20 WEIGHT: LBS SHEET 1 OF 5. 14 3 2 I G F C • 8 7 6 5 4 3 2 CWebcam Technology EarthCam CONFIDENTIAL DOCUMENT CONFIDENTIAL AND PROPRIETARY INFORMATION. ANY UNAUTHORIZED USE OR COPYING OF THIS MATERIAL IS STRICTLY PROHIBITED UNDER PENALTY OF LAW. COPYRIGHT 2016 EARTHCAM, INC. ALL RIGHTS RESERVED I n, .wrl (.I 11_1. MH1 MATERIAL FINISH IPAWIIAG 1 IPE NAME DATE SOO SDO CD 05/II/2016 ANGLES .x 5 I ENG xx xxx ± .03 ± .005 TITLE: NPRM 601N. ASSEMBLY SIZE PART NO. ECHWO5147 REV AFILE NAME: ECHWO5IL7_NPRM_60w_ASSY REVS 3 THIRD ANGLE PROJECTION SCALE: 1:8 WEIGHT: LBS SHEET 2 OF 6 6 5 4 3 2 1 H F E D C B A 8 7 8 6 5 4 Webcam Technology CI IECKEU CONFIDENTIAL DOCUMENT -- CONFIDENTIAL AND PROPRIETARY INFORMATION. ANY UNAUTHORIZED USE OR COPYING OF THIS MA 1 ERIN_ MATERIAL IS STRICTLY PROHIBITED UNDER PENALTY OF LAW. F INISII COPYRIGHT 2016 EARTHCAM. INC. ALL RIGHTS RESERVED I IPL NAME SDO SDO CD 6 5 DATE LNLESS OTHERWISE SPECIFIE[ 610E5S Y 5 ARE 111 11II;HF0 05/II/2016 ANGLES .X XX .XXX ENG t.5 0 .1 ..03 ± .005 THIRD ANGLE PROJECTION 14 TITLE' NPRM 601N. ASSEMBLY SIZEPART NO. ECHW05147 REV AFILE NAME ECHW05IL 7_NPRM_60IN_ASSY_REV3 SCALE 1:10 WEIGHT: LBS SHEET 3 OF 3 2 1 H D B 8 7 6 5 4 CEarthCant„„,„ Webcam Technology NAME SDO CHECKED SDO CD CONFIDENTIAL DOCUMENT CONFIDENTIAL AND PROPRIETARY INFORMATION. 'PPP. ANY UNAUTHORIZED USE OR COPYING OF THIS 11.h 1Ful/.I MATERIAL IS STRICTLY PROHIBITED UNDER PENALTY OF LAW. 'FINISH COPYRIGHT 2016 EARTHCAM. INC. ALL RIGHTS RESERVED T ,PF DATE OS/II/2016 ENG ANGLES .5 j�..I THIRD ANGLE PROJECTION XX 050 .03 ± .005 8 7 6 5 4 TITLE. NPRM 601N. ASSEMBLY SIZEPART NO. ECHW05147 REV AFILE NAME: ECHWO51L7_NPRM_AOIN_ASSY PEV3 \J SCALE: 1:10 WEIGHT. LBS SHEET 4 OF L. 3 2 EXHIBIT C LIST OF THE EQUIPMENT TO BE INSTALLED 1. At least one possibly two 24 Megapixel SLR Digital, fixed position, time-lapse video cameras. 2. Mounting hardware and installation brackets. License for Use of Premises for Recording Device Page 9 of 9