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HomeMy WebLinkAboutContract 26252 CITY CON R CT SECT SZ CONSENT AGREEMENT 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 City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and Caravan of Dreams, Inc. , dba Etta' s Place acting herein by and through its duly authorized vice President hereinafter referred to as "Grantee". WITNESSETH : 1. For and in consideration of the payment by Grantee of the application charge set below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to encroach upon, use and occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way as follows: external building identity sign at 200 W. Third St . , Block 59, original City of Fort Worth. DRICKL CRY N'92 ,�Eff The location and description of said encroachment is more particularly described in Exhibit"A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such encroachment, use and occupancy shall be performed in strict compliance with the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications therefore shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of construction and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights-of- way involved, except as described herein and shown on the hereinabove referred to Exhibit"A". 4. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and 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 utility or improvements owned by, 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 r ffVV��E EIERVIN R WOOIINH2 Fel- City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 6. In order to defray all costs of inspection and supervision which City has incurred or might incur as a result of the construction or maintenance of the encroachments and uses provided for by this agreement, Grantee agrees to pay to City at the time this agreement is executed an application charge in the sum of One hundred eightyf i0oilars ($ 185.00 )• 7. The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement is executed. 8. Upon the termination of this agreement for any reason whatsoever, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way 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 specifications. C-5!��O��G 't�uG� r 0 9. It is further understood and agreed between the parties hereto that the City streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other public rights-of-way to be used and encroached upon as described herein, are held by City 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 the said portions of the streets, alleys, sidewalks and other public rights-of-ways to be used for any other public purpose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically canceled and terminated. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statues, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. PECOA© 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder 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 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, servants 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 whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the construction, maintenance, 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 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 arising out of or in connection with any and all acts W����G�����'��C�G?D v� 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 "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 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 ten (10) 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 "B". 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 during 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 agrees to deposit with City when this agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement; i_n it5ntirety in the- 0-MCAphl GECOO PD RIA HIMM. deed records of Tarrant County, Texas. After being so recorded, the original hereof shall be returned to the City Secretary of the City of Fort Worth, Texas. 17. 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. 18. 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. 19. This agreement shall be binding upon the parties hereto, their successors and assigns. 2�0 EXECUTED this day of Oc�-o��� 6 CITY OF FORT WOGRANTOR V C\Jav"- "tXt5.jV-,,C- , GRANTEE Z By By: I ike G mer, As . ity Manager ST: Ci ecretary APPRO D AS TO RM AND LEGALITY: City Attorney Date: V C-t V2 Contract Authorization Date C/7 --2-6 -CO u9 CcIiL PEC00 G'D CN7V STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mike Groomer , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �u-f'>beft-- ' 2000. �� PATRICIA A. r4RCIA otary Public in and for the State of Texas �.�° NOTARY. PUBLIC � f}� State of Texas �3 Comr. , Exp 03.3 -2001 R,L G��\00 V2D CNN STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, 4 Notary Public in and for the State of Texas, on this day personally appeared ;. ���rr �'6 �(;a„�� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she-executed the same for the purposes and consideration therein expressed, as the act and deed of V,'c e ��E S, e�1 (��e ��„�h 2-( �(IiI a w)C, and in the capacity therein stated. GIV,EN UNDER MY HAND AND SEAL OF OFFICE this J n�.,-I day of ii l�a f 12000. ANN LOREY - 1* NOTARY PUBLIC Notary Public in and for th tate of Texas STATE OF TEXAS My Comm.Exp.9 15-2002 calm Gui G;-KGG�D �Yo Wu`' i � ME �.� -Z t.4 o sfit�E�T as ae IL 913 -- O LA 01 7,1 LJ // /",/(X,",/ / /moi � ✓/ 1 I / / � •/ / -Z-1 4 f0/C Z'/ / i_Z//, _ a5= 0 cciff �N �w n 512 Main Street n411,Fort Worth, Texas 76102 l (317)339-7219 • Fax(8 17)339-7215 UWANCIP _°'meq../ i Ar Ab s w�vE EXTERIOR BUILDING SIGN FOR C11G�Ecc0E),D ETTA'S PLACE 200 WEST THIRD STREET ���a � � FT. WORTH, TX 76102L 1±0 .- L. 512 Main Street#411,Fort Worth,Texas 76102 _ a (817)339-7219 • Fax(817) 339-7215 A Z '-F rA INS 03AMR - _ v "iCm7'103 Fool 6>> •� a =Mai V; r -�� C� l was Mal I I N: Mme!W. i� + 1 r �• � r I i i� d o n slC�rJ �XTI=fps of �u t t...fl I A1C �I CL 00 AI Flu V n i y f- -T (� W U g 0 W N _ C DIF FLAG MOUNT WALL SIGN 38'X 18'-8'NON ILLUMINATED CABINET WRH i i'REVERSE ILLUMINATED CHANNEL LETTERS. h CONSTRUCTED FROM 2'ANLL E IRON,AND.040 GA.ALUMINUM. I ,� ILLUMINATED W/ 75MM NEON, COLOR TBD. COLOR LEGEND:BRASS YELLOW, BRICK RED, BLACK,ALUMINUM- 'SILVER" 1 +� ..... . -I DATE IMM/DD/YY) ACORDER ' � TBL�TY a/17/o0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services of Texas Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 Commerce Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102 COMPANIES AFFORDING COVERAGE COMPANY 817-810-4000 A Northern Insurance Co. of NY INSURED COMPANY Caravan of Dreams, Inc. dba B Etta's Place COMPANY 312 Houston Street C Fort Worth, TX 76102 COMPANY D CRtFI;RAGES: :. . .. ..... .. ..... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i COTYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE f s 2,000,O C C A X I COMMERCIAL GENERAL LIABILITY CMM583724 4/01/00 4/01/01 PRODUCTS-COMP/OPAGG s 2,000,000 CLAIMS MADE ❑ OCCUR PERSONAL&ADV INJURY i s 1,000,000 OWNER'S&CONTRACTOR'S PROT I I EACH OCCURRENCE I s 1,000,000 { FIRE DAMAGE(Any one fire) I $ 300,000 MED EXP(Any one person) $ 51000 AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNEO AUTOS BODILY INJURY I s SCHEDULED AUTOS (Per person) HIRED AUTOS BOOILY INJURY s NON-OWNED AUTOS ' I 1 (Per accident) i r'" I PROPERTY DAMAGELGAI S i RAGE LIABILITY I AUTO ONLY-EA ACCIOENT I s I ANY AUTO i OTHER THAN AUTO ONLY: I EACH ACCIDENT s AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE s UMBRELLA FORM I I j AGGREGATE I s 1 OTHER THAN UMBRELLWC A FORM I ` S WORKERS COMPENSATION AND i I { I T RY IMIT ; jOTH• EMPLOYERS'LIABILITY i EL EACH ACCIDENT I s THE PROPRIETOR/ INCL EL OISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE I $ OTHER PEND :°���I Ge? °Ry DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ^ J 1 {+ e o Re: Sidewalk Encroachment for sign at 200 W. 3rd Street �.,,l�✓,f I )4 � GERTIEIc T. kI�3 DER. CAkNC£LEAITI041E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Citi/ Of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1000 Throckmorton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fort Worth, TX 76102 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF 'ANY KIND UPON THE COM NY, ITS AGENTS OR REPRESENTATIVES. AU OJIIbED REPRESE ATTV E 504700006 ltG(!Rt!'x5 S t F 95 ` RCt.60000KA f ION f9>#S City of Fort Worth, Texas "Avow And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/26/00 **C-18242 1 06ETTAS 1 of 1 SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY- SIGN AT 200 WEST THIRD STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with the Caravan of Dreams d/b/a Etta's Place at 200 West Third Street. DISCUSSION: The Caravan of Dreams, Inc. d/b/a Etta's Place at 200 West Third Street, is proposing to install a "blade" sign just outside the entrance to the establishment. The encroaching sign extends 4 feet, 2 inches from the face of the building, and its length is 18 feet, 8 inches. The distance from the bottom of the sign to the sidewalk is 19 feet, 3 inches. The Encroachment Committee has reviewed the application and is recommending approval. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Bob Riley 8901 (from) SEP 26 20M Additional Information Contact: V&.&! ' City Secreta+y ui the Bob Riley 8901 �;ity of Fort «r-t Texas