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HomeMy WebLinkAboutContract 31889 �`CRETARY .CONSENT AGREEMENT HACT NO, FOR SIGNS AND 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 University Retail, L.P. (a Texas limited partnerhlip) acting herein by and through its duly authorized - Managing Partner, W. A. Sandford hereinafter referred to as "Grantee", Owner of the property located at 3002 W.7th, ft.Worth,. T4"property") on behalf of Blockbuster video hereinafter referred to as `Business", located at ' 3002 W. 7th, Bt. Worth, Texas. 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 a sign and awning and any supporting structures (both hereinafter referred tows "Sign and Awning") 1 X711 ;��',1 ',1' 'v�4 V�Uc� Cl "J1�l5e:! l ���7t �p}U �. �/KV 7 Uo i `f��G�s u' G4� that encroaches 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 awning on the south side of the Blockbuster building hangs over the sidewalk on West 7th Street. The location and description of said Sign and 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. RE 3. Upon completion of construction and installation of said Sign and 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 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 Five Hundred and Thirty Five Dollars (- 535.00 L, 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 3002 W. 7th Street, Ft. Worth, Texas Business ceases to operate at 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 Sign and Awning encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized 4 I'll 'u'��JU•i�YU� �G� representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates because the Business ceases to operate and Grantee fails to remove the Sign and Awning, Owner hereby gives City permission to remove the Sign and Awning and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Sign and 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. 5 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 Sign and 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, 6 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 SIGN AND 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. I' 15. While this Agreement is in effect, 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. s 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 EXECUTED this 23rd day of March 2005 CITY OF FORT WORTH, G13ANTOR university Retail, L.P. GRANTEE i // By: ��� c� ��--� By: lam. Dale Fisseler, Asst..City Manager W.A. Sandf anaging Partner ATTEST: APPROVED AS TO FORM AND LEGALITY n-�ajdy'h City Secret .q�. 5 4,4 f 1ty MOTKey ,2-QG(_,nn J-1 Contract Authorization 4- ,'�-- li Date If"�� Ill TEX 10 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of `yYYlou�, , 200-5 . Notary Public in and for the State of Texas rtYn�Sri , KATHY F.DURHAM MY COMMISSION EXPIRES t January 24,2009 Iv UK. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in land for the State of Texas, on this day personally appeared �. A , SanA- 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this al3r� day of /yl�—Y'�' , 20 Notary Public in and or th isf ",.,Pub0c,State A' w(as State of Texas \d °' i,lj „'1iG!3slon Expires 09-20 08.. •,rf'OF�`',••' �,,a�M1 .n.baawcxi�sk,cwrrxa�� 12 O -- O 01/A2.01 O 9 e z e TYPE B FIXTURE,TYP. —P, %rw.t r- i a SIMILAR TREe a BUILDING A I As 02/A2.01 5,861 SF I II I ! -P [ 30 ; I rA I �- -n- �. EXISTING AWNING TO BE — 1— AWNING ENCROACHES C `,, REMOVED AND REINSTALIEO ADJACENT PROPERTY C PROP OS _ S TE PLAN R,°'O File Name:ASP-Ml.dwg &We 1'=20'4' 2g° � 1 t - +/- ---------- S UMVERSITY RETAIL 3062 W 7TH-BUILDING A Y BLOCKBUSTER AWNING - SOUTH ELEVATION 24" Q �. South Awning UNIVERSI C Y RETAIL Encroaches over Property Lh►e+1-18" j 3002 W 7TH-BUILDING A BLOCKBUSTER AWNING I � WEST ELEVATION 5 Budding Line F is Property Line �I lA �CS2"J Jan 27 2008 1 : 09PM HP LRSERJET 3330 p• 2 ��.oclG�vS'T�jt Vr7Fp Ayn•nG SrCJ ( 7 ' S7, •�LnrvFJtSrTT - rte: t•-Je�7ul '�"r,� L.P_uC'Tu e� �•+vn..✓GS (L) (.4' Anp 3L1 PAO,; ^r�aa oP Alinr.,G Z4 , CNi!LC FA.on.1.��, wi (• Y .J LS So. J►t., 00;516o W•n„Ia Tse- 0I-8�.fN L`C�rwC� "-/3 sr.r,'c of 4J sP)t4) _ �ZePof Zqp m rit ia.+IK n AV*"1 1MMI�tAIW ae - ww ia1iN!•LL WRM "m xtT WIW {POOTr) �''LO Q r •''�T 1qY..II�QrD � � �Z / J�ovf f:PAnr.rL-rtCJs ptm=u I"*a"ovVUL ko AtJST-f�R00F AWMI3,FFAMB J �•.~ " SCAE Ri1lNNCi - w• _R SCREW Rust-PROOF !� SCRE'AW 09� PEA WALL 00M= l aXAMM Q« MOX M G DV01# OLF!vowr le- "M cea"UAX Z •d E96685it62 F�LJid F.JQ{,1 d$i 1 2j SO LZ uwe �ux R CERTIFICATE OF LIABILITY INSURANCE 03izi2o 5' PRODUCER (972)387-3000 FAX (972)387-3808 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Swingle, Collins and Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13760 Noel Road Suite 850 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75240 ANN ACALEY INSURERS AFFORDING COVERAGE NAIC# INSURED University Retail LP INSURERA: America First Ins Co 12696 C/O Sandford Investment Co Inc INSURER B: 601 W Main St INSURER C: Decatur, TX 76234 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 IkDUL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CBP9863280 06/28/2004 06/28/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE FX OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY JECOT- LOC AUTOMOBILE LIABILITY COMBINED S€NGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND LIMITS EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ �MRTY CBP9863280 06/28/2004 06/28/2005 SEE ATTACHED FORM A (IF APPLIES) RE: R000 3024 WESTL7TH, FORTcWORTH,usITXs76107Y(2 BUILDINGS)ALPROVlsloNs CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 THROCKMORTON ST OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVEJp e V Frank Swin le/MAA ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) y City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/5/2005 DATE: Tuesday, April 05, 2005 LOG NAME: 06BLOCKBUSTER REFERENCE NO.: **C-20629 SUBJECT: Consent Agreement with University Retail, L.P. Authorizing Use of the Right-of-Way for Installation of an Awning at 3002 West 7th Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement for signs and awnings for a Blockbuster store at 3002 West 7th Street. DISCUSSION: An existing awning at the Blockbuster store at 3002 West 7th Street was removed in order that building repairs could be performed on the building. Now that the repair work is completed, the applicant wishes to replace the awning in the same location as it was prior to the repair. The Encroachment Committee has reviewed the request and is recommending approval. The encroachment is 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/Centers Submitted for City Manager's Office by: Dale Fisseler(6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Logname: 06BLOCKBUSTER Page 1 of 1