Loading...
HomeMy WebLinkAboutContract 36526STATE OF TEXAS COUNTY OF TARRANT CONSENT AGREEMENT FOR AWNINGS 0 CITY SECRETARY CONTRACT NO. k = e 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 � hereinafter referred to as "Grantee", Owner of the property located at AV61("Property") on behalf of 96 We9f 2woAvuM cew hereinafter referred to as . �►n`�r 3Zo SUrtive�� 6 "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 e rq h i �,; N•.?;�,�� 1 upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-wav as fr,ii„ws: GO r1 rI . U , V'I . 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 . 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 3 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 FWO 400eed Th(rM f vr) Dollars ( 2 J�J, ®® 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 11 all 1111 Business ceases to operate at this Business ceases to operate, Grantee acknowledges and agrees to comply with Section 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 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. 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 soIe 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 5 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 excIusive 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 respondent 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. 140 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. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as cercate 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 arnounts 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. 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 attorneys 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. EXECUTED this ILhay of roym &V CITY OF FORT WORTH, By: LL� Fernando Costa, Director 20 Lim C ,GRANTEE ff oj-�v ATTEST: APPROVED AS TO FORM AND LEGALITY 111 ti� _ City Secreta City Attorney yyr l' p �\ 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 Fernando Costa, 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. ( ) a leg EN UNDER MY ND AND SEAL OF OFFICE thi ay of ' 20 n � Public in and for the of Texas KA,REN GILMORE Notary Public STATE OF TEXAS Comm. Exp, 08/11/2011 11 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 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 stated. and in the capacity therein V ' U DER MY ND AND SEAL OF OFFICE this �' day of 20 n N� 5 �� OFTr �• •••.?jRES�.• .• �92010� ....ttO� 12 State of Texas rn W W H U U Z O X w w H ory � cD 1- O W (n Z J i wO �F Q (n o = ND XJ (nZ w U Q Y W z U W Z Q F-w Q N (n tl W X (Y W N r CN J_ Q] J Q (n Q W Li Q H O (nl 1-- Z (n > O a. oQ Q U Li U CD zz wJ t1- J L1' W z W Z U 00 PROPERTY LINE EXISTING RAMP EXISTING & STAIRS APPROACH �t r\ In o� zp II Q J Q� wo °' 0 cn0 �u(— @ W W z o V) w z LLJ Q cn Nw� w5= U I cn w 1-U J U Q m o Q C� w W w Z tr i ~ r� t-U = U O Q Z rn U Z U On (n Z W U Q X coQ rY�1 O =Z W a� 00 (n 0 Z X J MM �(nU 1Zm(n W wLli L1J O Q W d V) a_ (n W Q r E- Q_' V) = U_ In 2f U 2f w 1�- O Q � a = tl !2 OQ �N U G7 Z O Z Z Q f 1- w U U � � < 00w �13'—O" � w w� PROPERTY LINE c� U z¢ f= o X CL W W Q 3U6 BRUAUWAY AVENUE z z Qu< ��n SITE PLAN Uj X X w w SCALE: 1 `20'-0" RENOVATIONS FOR THE NEW OFFICES OF LT NN, PHAM & ROSS 306 BROADWAY, FORT WORTH, TEXAS z� I-^ J X W OOBEOIW.KE�LV ARCHITECT INC. 1 2 6 SOUTH MAIN STREET N100 FORT WORTH, TEXAS 76104 817-332.5014 FAX: 817- 332-8570 ��,cfitbl� b ACORD. CERTIFICATE OF INSURANCE DATE(MM/DDNY) 1/21/2008 PRODUCER 817-838-0790 AP INSURANCE & TAX 5201 E BELKNAP ST, STE B HALTOM CITY TX 76117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE CODE: SUB -CODE: COMPANY A HARTFORD INS. COMPANY AGENCY CUSTOMER ID: 61615167 INSURED 306 WEST BROADWAY, LLC 306 WEST BROADWAY AVE FORT WORTH, TX 76104 COMPANY B ZURICH c COMPANY D COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHEABOVE 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, EXCLUSION AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICYNUMBER OUCY EFFEC DATE MM/DD/YY) UCY EXPIRATIO DATE (MMIDD LIMITS A GENERAL LABILITY HARTFORD INS. COMPANY X COMMERCIAL GENERAL LIABILITY 618BMVK66731 1/17/2008 CLAIMS MADE OCCUR, EX OWNER'S & CONTRACTOR'S PROT 1/17/2009 GENERAL AGGREGATE $2 000,000 PRODUCTS -COM/OPAGG $12000,000 PERSONAL &AD INJURY $13000 000 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire $300,000 MED EXP (Any one rson $10,000 B PROPERTY ZURICH BUILIDNG COVERAGE BR66595929 11/15/2007 11/15/2008 BUILDING COVERAGE $725,000 DEDUCTIBLE $5,000 EACH OCCURRENCE AGGREGATE X PROFESSIONAL LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM C EACH OCCURRENCE AGGREGATE D WORKER COMPENSATION AND EMPLOYER'S LIABILITY THE PROPRIETOR! PARTNERSIEXECUTIVE INCL OFFICERS ARE: FIEXCL WC STATU- LIMITS OTHER ---]TORY EL EACH ACCIDENT EL DISEASE- POLICY LIMIT EL DISEASE- EA EMPLOYEE OTHER BUSINESS PROPERTY DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS RREEF Management, Acquiport DFWIP, Inc as additional insured. Waiver of subrogation C_E_RTIFICATEHOLDER/ ADDITIONAL INSURED CITY OF FORT WORTH Attn: David Schroder, planner Development dept 1000 Throckmorton, lower level Fort Worth, TX 76102 CANCELLATION EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, , CETtTTFICATE OF FOItMATJOl�i 3d6 WEST S1tOADWAY, LLC. ARTICLE 1 ts� OCl' 2 5 LOUD The filing entity being formed is a Iimited liability company (the "Company'. The name of the Company is 306 West Broadway, LLC. ARTICLE 2 The initial registered agent o£the Company is an individual resident of the State of Texas whose name is 1€,u Pham, and the business address of the registered agent and the registered office address for the Company is 4117 Ranier Court, Fort Worth, Texas 76109. ARTICLE 3 The Company wi11 be governed by its Managers. The Company shall have one or more Managers. The name and address of each initial Manager of the Company is set Forth below: Name I Address Lu Pham I320 S. University Drive Snite 720 Fort Worth, Texas 76107 Bettye Lynn 1320 S. University Drive Suite 720 Fort Worth, Texas 76107 Julie Ross 1320 S.17niversity Drive Suite 720 Fort "Worth, Texas 76107 ARTICLE 4 The purpose for which the Company is organized is the transaction of any and all lawful business for which a limited liability company may be organized under the Texas Business Oxganizations Code.