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HomeMy WebLinkAboutContract 26362 ITY SECRETARY ONTRACT NO. c �(P;P, 11-06-00 P05 :,2 IN 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 MALONE ENTERPRISES, INC_ dba MALONE'S PUB acting herein by and through its duly authorized PRESJ)DENT 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 application charge set out below and the true and faithful per- formance 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: AWNING ON 1303 CALHOUN ST. , SHOWN ON EXHIBIT A The location and description of said encroachment is more particu- larly 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 therefor shall be subject to the prior written approval of the Director of Transportation and Public Works , or his duly authorized represen- tative, but such approval shall not relieve Grantee of responsi- bility 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_Q'�!l �IV � 4 . Grantee, at no expense to City, shall make proper pr ' ion 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 polit- ical subdivisions . In the event that any installation, reinstal- lation, 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 con- struction, 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 Director of Transportation and Public Works of the City, or his duly authorized representa- tive. 5 . City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements neces- sary for the health, safety and welfare of the public or for any other public purpose . In this regard, City shall bear no respon- sibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reason- able 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 con- struction 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 t e _SYT of." rti^ THREE HUNDRED THIRTY FIVE DOLLPIJ&lars ($ 335 . 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 what- soever, 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 repre- sentative, and in accordance with then existing City specifica- tions . 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 e4&0—Q-"QX1 to use 'or cause or permit the said portions f thet�i str s r " : t C�r V� alleys, sidewalks and other public rights-of-ways to be used';,7f Sao any other public purpose, including but not being limited to underground, surface or overhead communication, drainage, sani- tary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically cancelled 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, statutes, ordinances, codes or regulations in connection with the construction, 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 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 ^ 1 -�f- QJFRC��� CL'G`L and the exclusive right to control the details of its 01 �L�Wn1U and all persons performing same, and shall be solely, r �# 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 connec- tion 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 connec- tion with any and all acts or omissions of Grantee, its officers, agents, servants , employees, contractors, subcontractors, licen- sees, invitees, or trespassers . o aG� H 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 cancelled 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 G��� � and restoration of the City streets . All insuranc c u red herein shall include coverage of all of Grantee 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 in its entirety in the 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 with- out the prior written approval of City, and any attempted assign- ment without such prior written approval shall be void. 19. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this 0 day of CITY OF FOR WORH, GRANTOR ( tMe, Y, s 'A GRANTEE By: By: Mike roomer, sst- City Manager E d A. No s, re ' dent A ST: City Secr a �(- -�(} Contract Authorization 10- 10 . 0 c� AP PR VED AS FORM AND LEGALITY: date l'J��rq� � a�� r'� � D C�C� ;Q1� C'ty Aftorney � �C� I � a 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 consider- ation therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIV,,EN UNDER MY HAND AND SEAL OF OFFICE this --� day of Notary Public i a d for the State of Te s n � SAFIAH JANE ADLE l * NOTARY PUBLIC State of Texas Comm. Exp.01-29-2002 NTIU MC'Spy ( , �C�! � r STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority , a Notary Public in and for the S ate o T xas , on this day personally appeared A. No 8. S , known to me to be the person whose name is subscribe to the foregoing instrument , and acknowledged to me that he/she executed the same for the purpose andon- ider- ation therein expressed, as the act and deed of Pres; j and in the capacity therein stated. GIVEN -TINDER MY HAND AND SEAL OF OFFICE this C) �h day of �,•�*"• JUANITA JOYCE JEFFERSON N a I ry P ub l i 1 n f o Notary Public tlYe State of Texas h �e State of Texas Comm. Expires 06-28.2003 F "IN L E'E(GuP,D ���1y����C�iCMOff �o Viil/�r'�Ullp ���a ix3i on z om.vz qud s Jual-v# L L ` •�O_, -j 1 _ 1 f W N. Pt11 1 LL m o 7 J F og U C p of C4 1 � X LU f a �--` LL I7 q fa will l � i •, z LOU �. o'6U 4 •' H W g; h 3 ; M ¢ .� � y Z 0 Q 3 - � — pLL, � N � ) m uj 41 !1tA V 3 o N � W fir' � � �� �• LL LU � d 1 O J 1 F LL Zt f OC �� N • r � W o NN LLJb c G � Q g kj 'g lu i Z Xw d7M CN LL Lid J 4� yQ, ,�• Z Lu r; as = r U LU U cn x«7 ' 14 -00 u6LS -AU4S auo-I dLS = EO 00-SI -6nd AGO RD,M CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDIYY) 09/26/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Statewide Auto Insurance A enc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7716 Glenview Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76180 INSURERS AFFORDING COVERAGE INSURED Malone Enterprises INSURER AWES TERN HERITAGE/SPECIALTY 2016 Hillcrest St INSURER B: INSURER C: Ft Worth, TX 76107 INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TDATE GENERAL LIABILITY ! ! EACH OCCURRENCE $1, 000, 000 'X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) L$ -50, 000 CLAIMS MADE .LX�OCCUR !I MED EXP(Any one person) $ 1, 000 A TBA 09/15/00 09/15/01 PERSONAL&ADV INJURY 41 , 000 , 000 GENERAL AGGREGATE $1, 000, 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1, 000, 000 X POLICY PRO- 1 RO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ i HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ j (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR 71 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ ! $ i ! WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS! i ER EMPLOYERS'LIABILITY ' E.L.EACH ACCIDENT $ E1'_DISEASE-EA EMPLOYEE i$ E.L.DISEASE-POLICY LIMIT I $ OTHER ^ 1 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ICl u' 2�[I"VPRSPy TAVERN LOCATED AT 1303 CALHOUN ST. , FT WORTH, TX. 76102 Ips TEA. s CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FT WORTH DEVELOPMENT DEPT. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 1000 THROCKMORTON NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL FT WORTH, TX. 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR FAX# 871-8116 REPRESENTATIVES. ATTN: JIM MILLER Au IZE REPR a w€ ACORD 25-S (7/97) ©ACORD CORPORATION 1988 City of Fort Worth, Texas imayor and coun"R Communication DATE REFERENCE NUMBER I LOG NAME PAGE 10/10/00 C-18285 06AWNING 1 of 1 SUBJECT ENCROACHMENT IN RIGHT-OF-WAY-AWNING AND SIGN FOR MALONE'S PUB AT 1303 CALHOUN STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with Malone Enterprises, Inc., the owner of Malone's Pub at 1303 Calhoun Street. DISCUSSION: Edward A. Noyes, President of Malone Enterprises, Inc. is remodeling a building at 1303 Calhoun Street. The proposed use of the building is a sports bar and saloon. Part of the remodeling consists of an entrance canopy (also referred to as an awning, with the name Malone's Pub) extending into the right-of-way and over the sidewalk. 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) /. APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: OCT 10 2000 Bob Riley 8901 (from) Additional Information Contact: City Secretary of the City of Fort Wer Ih, Bob Riley 8901