May 15, 2018
Street Closure Application
Requesting Party
Name: _____________________________________
Address: ___________________________________
__________________________________________
Phone: ____________________________________
Organization Information (if applicable)
Organization Name: __________________________
Address: ___________________________________
__________________________________________
Phone: ____________________________________
Date and Time of Street Closure: ___________________________________________________________________
Of the streets to be closed, will you require (__) the entire street width or (__) only a portion of the width of the street?
Please list street(s) to be closed and attach map (please list by street names Ex. Washington from Felix to Lillian):
________________________________________________________________________________________________
Purpose of Street Closure:___________________________________________________________________________
________________________________________________________________________________________________
Indemnity and Hold Harmless Agreement whereby the City of Stephenville, hereafter CITY, agrees to
allow , hereinafter referred to as APPLICANT to use
real property owned by the City, generally described above:
The parties hereto agree as follows:
1.
The street shall be used for the purpose outlined in the street closure application and for no other purpose
unless approved by CITY in
advance in writing.
2.
CITY disclaims, and the APPLICANT waives, all warranties concerning the condition of the property,
including, but not limited to, any warranty of fitness for any use. The APPLICANT acknowledges having
inspected the property before executing this agreement and having found the property suitable for its
proposed
use.
3.
The APPLICANT shall not commit, or allow to be committed, any waste of the property or use or allow the
property to be used for any unlawful purpose. The APPLICANT shall be fully responsible for any operations
performed by it with the property, and shall at its sole expense, be responsible for compliance with the
requirements of all local, state, or federal agencies or authorities. Further, the APPLICANT agrees to be
responsible for all costs of clean up involved with its activity.
4.
The APPLICANT hereby agrees to indemnify and hold CITY harmless from any and all accidents or other
injuries and damages that may occur to third parties on the property or by way of its use of same.
5.
In the event CITY is involved in any lawsuit concerning the APPLICANT use of the property, the APPLICANT
agrees to pay any and all claims, judgments and attorney's fees that CITY may incur.
6.
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the
provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
any
other costs of suit from the other party, which fees may be set by the court in the trial of such action or
may be
enforced in a separate action brought for that purpose, and which fees shall be in addition to any
relief which
may be awarded.
7.
This agreement shall be construed under and in accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Erath County, Texas.
8.
This agreement shall be binding on and inure to the benefit of the parties hereto and their respective
legal
representatives, successors and assigns except as otherwise expressly provided herein.
9.
The APPLICANT will provide their own traffic control devices that comply with TxDOT regulations.
