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HomeMy WebLinkAboutContract 33264 CITY SECRETARY CONSENT AGREEMENT CONTRACT NO. FOR AWNINGS 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 T acting herein by and through its duly authorized hereinafter referred to as "Grantee", Owner of the property to ted at 6�� jj� Z/ ("Property") on behalf of hereinafter referred to as "Business", located at WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to install an awning and any supporting structure (both hereinafter referred to as "Awning") that encroaches i ? :iv, � � C �� 9 �K`-AE Q� Y (t FT. [7V�1 1 16i'D. upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way as follows: The location and description of said Awning and the 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 this Agreement and 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 thereof 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 preparation of such plans and specifications. 2 - - -- 3. Upon completion of construction and installation of said Awning 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 the City, shall make proper provisions for the relocation and 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 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, Grantee understands and agrees that City shall bear no responsibility or liability for . `Ur"T1, TTX, 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 will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of Dollars 7. a. Subject to section 7(b) and Section 9, the term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. b. This Agreement shall automatically terminate 30 days from the date Business ceases to operate at 2-7 ;� . If this Business ceases to operate, Grantee acknowledges and agrees to comply with Section 8. 8. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Awning encroaching into the public right-of-way, 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. It is understood and agreed to 4 �Y. W'O ff 1, TEX. by Grantee that if this Agreement terminates because the Business ceases to operate and Grantee fails to remove the Awning, Owner hereby gives City permission to remove the Awning and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Awning. 9. It is further understood and agreed upon 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 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 rights-of-way 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 or 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 s _ FT, -wTH, TEX. 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 Awning, encroachment 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 and 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. 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. 6 W- aR, fa. 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 AWNING AND 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 THE 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 OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 16. Grantee agrees to deposit with the 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 recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's 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 the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 i`- IC11UI i �OilDi It/ ��III-:;,�kAll G,Y EXECUTED this *day of CDIY lL CITY OFF T WORTH, GR NTOR � J% A E By: By Dale Fisseler, As . bty Manager ATTEST: APPROVE AS TO FORM AND LEGALITY City Secreta City Attorney C jja0t� Contract nutnorizatioa Date 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 Dale Fisseler, 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. KA GIVEN UNDER MY HAND AND SEAL OF OFFICE this X day of 200(v JONI R JAG09S N ry Public in akdfor the *• ;Y, NOTARY PUL CC State of Texas State of Texas t omm. Exp. 05-27-2007 it WFI(11^-�Ilul BUD My MIl-ifflAff Fy, WOUN, YEK. 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 iCpv�rnan� 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 and in the capacity therein stated. 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W $ �sb; ran.o-. '.II Ili �iln� .ql•J PIIIIIIPi Idd4�d9d�hpJyi «1 q V J .0-.9t I • IM i ---- til o U ,•L, 2 o W� i t 'NSUNA, g 53unn A i5 i A q XI - I ; I� II II , flilieu VIII I II V•��III t�I ' , III'I I I _ i�ll� Il! I I ilill II�II�,III,�I�II II �o � I ,� a j�l alt llll ill l lul � 11 IA rw/lo A ' gWYK y�� II�q �IuII III�h'Illllli II I d i _Sm i'w/LO I III I iI �i III - ly jI���III�I��illl � lilll��il�llli� 0 ��� I �II'llil ❑o III II'I II q � VIII i,�r VIII = ^g .oA i '111(l,I� 7 u,II�i;IIIII�I��II' ll"I � I _ A 'li iI IM 3111�' � dl pa 1 �I�.I • � _] _y. I .0 CO . k `�i k p LU e; nes : Cp a MN-UJ-&Wb TUE U4:4y NM mwr INS AGENCY FW FAX N0, 817 420 5750 P. 03 aCORO CERTIFICATE OF LIABILITY INSURANCE OP 10 DATE(MW0WMyn cITIZ-3 Ol 03 06 RODUCER PTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Frost TTssur=Ce - Fort Worth HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 33529 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth TX 76162 Phone: 817-420-5700 Fax:817-420-5750 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A, Chubb r. son eadural Ind. Co. INSURER B: CitiZe= National. Im-nk INSURER C. P.O. Boz 123437 INSURER D: Fort Worth TX 76121-1337 INSURER E: COVERAGES THE POLICIES Of WSURANCE LISTED BELOW HAVE,BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PBIWO INDICATED.NOTWITHSTANDING ANY ROOL IM-MENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 86 ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,OCCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LLUMS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMII POLICY FD I DATE�O LIMITS GENERAL LIAIIL37Y EACH OCCURRENCE s 1,000 Q Q 0 I-TU-MUNTIar— A X X cOMMERCUIIGmEALLIABILTIY 3582-86-06 11/30/05 11/30/06 PR6MLSEs(Esa=rnnee s CLAIMS MADE X]OCCUR MED EXP(Any arta Inman) I;10,000 PERSONAL d ADV INJURY S1,000,000 GENERAL AGGREGATE is2,000,000 4%AGGREGATE LIMIT APPUES PER: PRODUCTS•COMPIOP AGG a Included POUCY , n LDC AUTOMOBILE UABLLITY COMA SW"LINT $ 11000,000 A X ANY AUTO 7496-86-92 11/30/05 11/30/06 ALL OWNED AUTOS BODILY INJURY : SCHEDULED AUTOS (par par-M) X HIRED AUTOS BOOILY INJURY X NON-OWNEO AUTOS (Par wbduml a PROPERTY DAMAGE (Per Scd4Ant} GARAGE LIABILITY AUTO ONLY•CA ACCtDENT S ANY AUTO OTHER THAN HA ACC a AUTO ONLY: AGG s EXCESSiUMBRELLA UABIUTY EACH OCCURRENCE S7,000,000 A X OCCUR CLAIMSMAOE 7879-54-15 11/30/05 11/30/06 AGGREGATE s a DEDUCnBLE s X RETENnON 310,000 9 utH WORKCOMPENSATION AND X RY LIMITS ER* ERS EMPLOYERS'LIABILITY A 7171-97-56 11/30/05 11/30/06 E.LEACH ACCICENT s 1 000,00 OF PROS I LUD6P/EXECUTNE 6.L oISEASs•EA EMPLOYE 111,000,0001 Iditcnbe under E.L.DISEASE•POLICY UMIT S 1 000 000 SPECIAL PROVISIONS ba(m man OESCRIPTION OF OPERATIONS/LOCATICKS I VEHICLES I EXCLUSIONS AOoBD BY ENDORSEMENT I SPECIAL PROVISIONS Re: 2720 West 7th, Fort Worth, TX / Certificate Holder as shown as additional insured as indicated above. CERTIFICATE HOLDER CANCELLATION CITYFTW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCEL.LIM BEFORE THE VORAT(G DATE THQREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO TME CERTRRCATE 111=1181 NAMED TO THE LIFT,BUT FAD.URE TO DO 90 SHALL IWWE NO OBLIGATION OR UAYILITY OF NPI RWA UPON THE INSURER,ITS AGENTS OR City of Fort Worth RFPRESENTArYF5. 1000 Throcllanorton A AnVf Fort Worth TX 76102 ACORD 25(2001708) 0 ACORD CORPORATION 198E Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/14/2006 DATE: Tuesday, February 14, 2006 LOG NAME: 062720 W 7TH REFERENCE NO.: **C-21295 SUBJECT: Authorization to Enter into a Consent Agreement for Awnings with Citizens National Bank Authorizing Use of the Right-of-Way for Awnings at 2720 West 7th Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement for Awnings with Citizens National Bank authorizing use of the right-of-way for awnings at 2720 West 7th Street. DISCUSSION: The Citizens National Bank at 2720 West 7th Street, through its agent, Innovative Developers, Inc., is requesting permission to use the right-of-way to install three awnings at its facility on 2720 West 7th Street. The design of the building incorporates three metal awnings above the windows on the south elevation of the building which faces 7th Street and which will extend over the 7th Street sidewalk. The awnings will cover the sidewalk on the south side and will be approximately 12 feet above the sidewalk. The design of the two-story building incorporates awnings on all sides of the structure. The awnings serve several purposes: to provide shade to the windows, thus decreasing the internal heat load and subsequently, increasing the energy efficiency of the building; to provide shade and rain protection to the sidewalk; and to serve an an architectural feature to separate the building's height dimension by providing a feature which will (visually) separate the first floor from the second floor. The Encroachment Committee has reviewed this request and recommends approval. The Encroachments will be in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City Funds TO Fund/Account/Centers FROM Fund/Account/C enters Submitted for City Manager's Office by. Dale Fisseler (6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/8/2006