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
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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
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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
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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.
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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
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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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of
ANGIEP.HATH000K Nota Public in and for the
UY coMMISSION EXPIRES
=� August 13,2009 State of Texas
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REVISIONS
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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