HomeMy WebLinkAboutContract 26363 CITY SECRETARY
CONTRACT NO, AJ
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
acting herein by and through its duly authorized J ej
�A � ►rt ZeVv"
hereinafter referred to as "Grantee".
WITNESSETH:
1.
For and in consideration of the payment by grantee of the application
charge set out 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:
Tj�611 (
Oorru-
(60, We Wee-+. T36 I 1
Mule (01 J� 1 above- 01i i� I� IrL I � K��
}���j���I�''�G+j'(�M(I� (I] E(yy
Y VA VV CJI @,�YYY U X
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 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.
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".
HOW
2
MY 1XIM
to City at the time this agreement is executed an application charge in the sum of
le, �� 06 Dollars ($ o0.00
7.
The initial term of this agreement shall be thirty (30) years, commencing
on the date this agreement is executed.
8.
Upon 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.
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, 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 rights-of-way to be used for any other
4
TV cJECU,1i1S11(nk
( , 1� ? '1��, �fe
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
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 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 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.
20
A M
6 �o
LSi"�o
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 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 Grantee's contractors.
�, R,
o
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 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 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 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.
EXECUTED this day of �� , 20
P
CllI OF F TR T H, GRANTOR i ,GRANTEE
f IfU�y'Y1,
By: �
BIzz4l . Fi2z4
ike r omer, Asst. City Manager
ATT APPRC S D LEGALITY
City Secretary City Attorney
Date: I /V 06 Contract Authorization
Date
j DD
�a ��,�:�L���6 UL��•Se
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 AssjsT,, CITY MANAGER
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. (p day of
, 20,,' �
1QQ AA,000
Public in an forth
State of Texas
SARAH JANE DUCE
NOTJARY PUal 2 �
State of Taxan
�e4 C.nmm. F,;xp.01-129-2002 ,
9
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a N tary Publ'c in and-for the
State of Texas, on this day personally appeared a h le-, -A-T e./1ti.r ,
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
purpos consideration t er ' express d, as the act and deed of
and in the capacity therein
stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20(,
aryV P`'B� TIA ROBINSON
* ,t Notary Public
STATE OF TEXAS
F c;t fMI/Comm Exp.09/15/2001 Notary Public in and for the
State of Texas
�v'fhOD
W CPT MA Ply
r,
uP i.
10
EXHIBIT "A"
Attched for Exhibit "A" is the building plan with the
sign locations marked, detailed drawings for the signs
with specifications for installation.
We are apoying for two encroachments, one for each
sign location. The small sign will be attached to the
awning above the sidewalk, and the large sign will be
installed on the Southeast corner of Fourth St. &
Commerce Street.
�n,7 rC(I7Mc /��tq
11 lac V'v�'('u 11 Up I1 LWe
iw1,q pnibt ;.
: aj iol, 4 `n
&4 loci . .^
bedsits ad-lu
A fa � r ► : w..
s
ril-wol to iemO taaettuoP, o0t no beOsten
.ewe- w `.
r .,.d
Q� a
Of
{
Wn Ll
ISDOED _ 1'
C- n ' :�
I
� w
- s, • r
r ,
T7 LA
`l ' \/
L
t. V J �
7_ w
0 knu
V
a a
ao Q
a 00
o 0 a
0o
Rw 0o
a
000
f �
P
3
a
RC A RON
1.1('x"7/.1 ♦W.'1T�I�I.Ir. i r.n�rr�r 1 tr. ♦. �r .i.-�.-.� /�� lnri
«, ��.�• 1 G.Y J +71 r 7J1 LOU r MERICAN NEON U'Z
k
$ c�
In
C7
sip-
J64
oftft
RK
F t1RTA4 S , T7.
z�
0.W. ^'Cava CUA-8 GUTTEtP W CISPt/ALT STREET V 6
RGVEMENT
POINr of
: BEG/NN/NG
r �oatir
G. O ZG cu as ynLEr
� :.r;`it r4'.. .'Jr+1F'AAYJ,GCW:- �t:;.Y .,.. xt•ei-` ._>:F ;:r"L:.rr.sr �, '��
+ y'+- r � � �,�'183�' -4-y�sX��� :� �v � a+•' ,c,s- ^{}r �' .
�•� ELi¢ L "'3 SAX s3(Hs1i`£J..•., ,�„".. j :e—TNt U 6--AL OO.P;
. ...METERMGS CQC T YPYC•OL
METER....''
TEL BOX. x,u • �'i s F�IQ.�T.F�OOR QFCA
TV FLOOR.dBOVE i t 10
. M C1ro6E POOR T.{,t�.
70,07//J�.
' +ii � L .i� –. t`r� � rL+� .. .ci � f y `, iii � �'�`7. F•'ti
� ti Titer ,1y
�. Dd,•. 10Q f a O���- _� tkrs f�•l. �._ •TO o?.11 v 'i � ^-t
c,2 D3D t 10?.r OLO
• v4 �,�,
9D2f,1 Z � �0>! GOVG r 103.5 I 102'
44,
NJ
i�• ��,, f�.•> - � '�` ,� ,<�`` � t .��. tog �,'
Adlw-l""6110 <
`,. Q-.`l4-Q •Y.3 y, �` t~vt.'i;�.,rtgtS°:ter 3. 4 '`�/V.�9
14.
" •.Z . � TOE o/.53 To O/.-�G •.�� •
Q
IJ
F')F�la1 FLR.JeLey.
1
lea
�- r. (v�W U I��a 1 I�aI�EI�FO 99, t '` •fir -�• ;I
aJul
4
a
dR ;
10/03iOO TUE 14:24 FAX 317 336 6501 � TUCKER AGENCY�
'"va r •b ( iii,.<+.,<' DA
AC •:Y:. '� ' `" UIR
.� .:.
n• 2
•ra:{i.�.:•a.::.:;.r:. a.:�:,{.. 06! 1/00
x:.a...:.:.-.:.: .. .,:>:, •ii.>, .•;..x:,.:<..::.....::'ir��:::. J '4. ,<r:.e ..st-;;:.'<.<:^oxY..
PAODUCLFI ' ._ - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TUCKER AZZVCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 2265 ALTER THE COVVMGF- AFFORDED BY THE POLICIES BELOW.
FORT NORTH, TX 1611' COMPANIES AFFORDING COVERAGE
(817) 336-6520
A/'
COLOI Y INSURANCE COMPANY
INSURED COMPANY
FIT.ZI INC.
500 COMMERCE 13TR ZT 41.04 COMPANY
PORT WORTH, -rX 7E1C2 c
COMPANY
r L::hv::h':: '3:•.hY a•!$:a:Y.•r nJA:>:4i •>,<:. ::�+•
„ pp
..... ... .... % ..y:x .%.♦... f....: x•J.i..Y ...:: ......a.YSYn•:.rY:.::a'. •ih:,•>. �:M'o> 'i�C'Y"
...:....: .. .. ... ...J....... ...:% .t,J,.. ♦3. Y�Yi` ,.!`i: x'T•"!�.•`•K'7t.. ,.i Y,.,. ,.Siwi}ii��:::.,:J ':.�:•'....
.Y' 7�^ T��"`�............... . .. .. .... ...,.r,..r.•,S}, i5,.. K ....::....,.::.Y.:..a..a.:.a:.,n.:n.:a..a....:•::'..h.:S:.a..a.H;%•%.w{a.,ii•Y.>:.:4rn r ..<ay t.:��.; .;.ti. v>..�
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,Noiw (HSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISS;.IED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONIA"ON'OF SUCH POLICIES.LIMITS 13HOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS,
POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF lNSURANCF POEICY NUMBER DATE(MM/I)DIM DATE(MM/DD/YY) l{MIT5
GENERAL UADIUiY T� Y GENERALAGGREGATE $ 1,000,000
A X COMMERCIALGE.14E!RALI_ABI(_TY I MP630329 05/07/00 05/07/01 PFIODUCTS•COMP/OP AGG S 1,000,000
CLAIMS MACE J^CCLtR i PERSONAL 8 AEN INJURY 5 500,000
OWNER'S 6 COWRACTC.al PROT f EACH OCCURRF,IJCE S 500,000
-- .a® ---- �— RITE DAMAGE(Any One fire) S 50'000
MED EXP(Any one person) S 1,000
AUTOMOBILE LIABILITY I
I COMBINED SINGLE UNIT S
ANY AUTO
i y
ALL OWNED AUTOS
BODtI•Y INJURY S
SCHEDULED AUTOS (Per Pwsm)
HIRED AUTOS
9(PO01LYINJURY
a E
NON-OWNED AUTOS
- ----I PROPERTY DAMAGE E
C ARAAE LIABILITY AUTO ONLY-EA ACMENT S
i —
j7ALITO i OTHER THAN AUTO ONLY:
EACH ACCIDENT $
_^.---- --- �--, AGGREGATE S
-'- -
EXCESS UABRITV EACH OCCURRENCE %
_ UMBAEUA RnHu ; AGGREGATE S
OTHERTHAN_UV,�I;c ;A:�GP.;
City of Fort Worth, Texas
4voluor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/17/00 C-18306 06FIZZ 1 of 1
SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - TWO SIGNS ON A BUILDING ON THE
SOUTHEAST CORNER OF FOURTH STREET AND COMMERCE STREET
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard Consent
Agreement with Fizz, Inc. permitting use of the right-of-way for the installation of two signs on a
building.
DISCUSSION:
Fizz, Inc., through it's president Fahri Azemi, is proposing to install two signs on a building on the
southeast corner of Fourth Street and Commerce Street. Fizz, Inc., a new restaurant, is scheduled to
open in mid-October of this year. One of the signs is a "blade" sign to be installed at the corner of the
building at an angle of 45 degrees to both Commerce and Fourth Streets and will be above an existing
canopy. The other sign is to be installed on one end of the canopy at its beginning on Fourth Street.
The purpose of the signs is to clearly identify the location of the establishment. 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.j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
CITY COUNCIL.
Originating Department Head:
Bob Miley 8901 (from) 00 .17 ?w
Additional Information Contact: 0�-. ,..j
city Secretary of the
Jim Miller 8176 City of Fort Worth Texas