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HomeMy WebLinkAboutContract 34364 Ci T Y SECRETARY CONTRACT NO. CONSENT AGREEMENT 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 1?engis5Q,1cr. 1-6re-I Hct^agewie.Af' ComPun y , "C Ag IVeA-At sscoce, WOOL�r ,fon Ho ! acting herein by and through its duly authorized hotel rnAv►ayed' or hereinafter referred to as "Grantee", Owner of the property located at 100 Ka1ri S-rt'eci"(«P rope rty") on behalf of 5,::+eh aV,d 1S hereinafter referred to as "Business", located at W ITNESSETH: 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 to as "Sign and Awning") 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: AW li i ne a► a nn e.r o cA�c.�,P a}' �a s t �-Mct n ce o�r' *"�te �o"f"el strut ire �CKy fr 41'n Jfirs�+; aS Ike I 'la+ n d'ara 4 ^4 14cc C-e`!J Is- 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. 2 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 2 3 �a}vS�I��ll1i� i fll%f`? 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 141L ku,,.0 ,.d ' rr �•✓e.. Dollars L J sboO°A#P pl:cu-h'r+•, - 3s°D ,�•�, ft 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 200 r(a► A Sfir�c—� 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 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. 7 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. 8 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 ZS day of OLY-c pusa— , 2004. Cl T i' OF FORT WORTH, GRANTOR cAgm anee 04--g-k ;'GRANTEE By: — By: KA ATTEST: - APPROVED S TO FORM AND LEGALITY City Secreta �ss;sfs.. E- City Attorney Contract Authoriaatioa Date •a �tS�U�U io 9 ' '✓ I:I�E� U I�ut�e 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 Bob Riley, 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 H ND AND SEAL OF OFFICE this day of 20 ()AwL Notary Pu lic in and for the State of Texas I1 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 �euzr- L, 14m,5� �, 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 iCenct ssa�+c� K)or4"�A4i4Dd J-61,C( , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .7,9 day of 20 04,. ket� Not Public i and for t1fe Stat of Texas JOAN SHROPSHIRE MY COMMISSION EXPIRES JANUARY 29,2007 12 II yt P" - -14 1 lA o - � J n�+Fseeo aa++o«�►+ � + Hwrl+r N �y6fRf•2y"► } i y>kQ l5aa.1[[L. 4'icg $0."'14-t- M.,•a.,�.. tL ANlsl!ry ph At C.N�yZi i�MT�AHM.Jh "6 1 I _ S'� I a --- i t h 1 " SirFr wwN.rIt 'a -- srs e,�wn.J. 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'. -04�,.. � r RL P t exWo;i ACORD, CERTIFICATE OF LIABILITY INSURANCE 0272MIDD/YYYY) 0121006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher Carlson Atlanta ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2002 Summit Blvd Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Atlanta GA 30319 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T: 678-539-4800 F: 678-539-4890 76078 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: National Union Fire Insurance Co. 19445 Marriott International,Inc.and Subsidiaries INSURER B: American Home Assurance Co. 19380 10400 Fernwood Rd., Bethesda MD 20817 INSURER C: Ins.Co of the State of PA 19429 Attn:Risk Management Dept.52/924.36(Insurance) INSURER D:Various 301-380-5717 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 ADD'L POLICYEFFECTIVE POLICYEXPIRATION POLICYNUMBER D D ATE DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,500,000 X COMMERCIAL GENERAL LIABILITY GL 575-92-59 1=1,2006 10/01M07 DAMAGE TO KIzNI LU 2,500,000 PREMISES Ea occurence ' $ B CLAIMS MADE 17X OCCUR MED EXP(Any one person) $ X Liquor Liability PERSONAL&ADV INJURY $ 2,500,000 X $500.000SIR GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY PRO X LOC AUTOMOBILE LIABILITY B CA 583-65-10 AOS 10/1/2006 1011/2007 COMBINED SINGLE LIMIT $ 2,000,000 X ANY AUTO CA 583-65-11 VA 10/1/2006 10/1/2007 (Ea accident) B X ALL OWNED AUTOS CA 583-65-12 MA 10/1/2006 10/1/2007 B CA 583-65-13 OR 10/1/2006 10/1/2007 BODILY INJURY $ B SCHEDULED AUTOS CA 583-65-14 GKLL 10/1/2006 101112007 (Per person) B X HIRED AUTOS 201-1001101-01USVI 10/1/2006 10/1/2007 BODILY INJURY B X NON-OWNED AUTOS (Per accident) $ X INCLGKLL$3MLIMIT PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A4485641 10101/2006 10101/2007 X OCCUR �CLAIMS MADE AGGREGATE $ PER LOC AGG $ 10,000,000 DEDUCTIBLE POLICY AGG $ 100,000,000 RETENTION $ $ C WORKERS COMPENSATION AND WC 292-02-27 AOS 10/1/2006 10/1/2007 X T R LIMIT ER EMPLOYERS'LIABILITY WC 292-02-028 CA 10/12006 10/1/2007 rr` ¢ 2,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE WC 292-02-29 MO,All,UT,NV,NY 10/12 ._ 006 10/1/2007 E.L.EACH ACCIDENT C OFFlCER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 OTHER D Excess WC and EL Self Insured States 101012ODS 10/012007 See Attachment DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS WORTHINGTON RENAISSANCE,200 MAIN ST,FT WORTH,TX 76102 ID: 9671X RE: Street enuoachment permit CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Department of Development DATE THEREOF,THE ISSUING INSURER 0"*)WX%ft, TO MAIL 60 DAYS WRITTEN City of Fort worth NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,IXXXX J4I6XAAAAXAX 1000 Throckmorton Street °�c�cmx'c°�cxaxva>K�oxx; loacaarvac�axxuocacx�axav�ccigocc�xx� Fort worth, TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/25/2006 - Ordinance No. 17071-07-2006 & 17072-07-2006 DATE: Tuesday, July 25, 2006 LOG NAME: 06ENCROACHMENT REFERENCE NO.: G-15304 SUBJECT: Adopt Ordinance Amending Section 3210 of the Fort Worth Building Code, City Code Section 2-9 and 7-47 to Allow Administrative Approval of Certain Encroachments that Comply with All City Codes RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance to amend Section 3210 of the Fort Worth Building Code, City Code Section 7-47 to restore administrative approval provisions for certain encroachments on public property to be approved by the Building Official or the Director of Development; 2. Establish a tiered fee structure for this service; and 3. Adopt the attached ordinance to Amend Section 2.9 Part D of the City Code to provide for the administrative approval of certain encroachment agreements. DISCUSSION: The Building Code was amended effective July 1, 2001, (M&C G-13262) to require that "all permanent encroachments into public property shall require a duly executed Consent Agreement approved by City Council." Prior to this update, the Building Code Amendments included the following exceptions to this requirement for City Council approval: 1. The Building Official is hereby authorized to execute Consent Agreements on behalf of the City covering signs that do not project more than two feet over public property when all requirements of this Code, the Sign Code and the Comprehensive Zoning Code have been satisfied. 2. The City Manager is hereby authorized to execute Consent Agreements on behalf of the City, except as provided in Exception No. 1 above, when the encroachment beyond the property line extends no closer than within 18 inches of the face of the curb." This change was prompted by a City Council concern about a downtown patio project in 1999 that was approved administratively and generated a citizen complaint. The unintended consequence of this change is that minor items such as replacement of existing building projections, fences, and steps and new signs and awnings all require Council approval. The result is an increase in the average processing time from less than 30 calendar days to approximately 45 calendar days causing delays in the issuance of building permits. Each year, an estimated 25 encroachment agreements are presented on the City Council consent agenda. Of these, approximately half would have been exempt from City Council review under the previous policy. Since the new rules were established, the department has observed a significant increase in the installation of signs prior to issuance of permits as business owners become frustrated with the delays. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007 Page 2 of 2 Adequate building codes, inspection personnel and other professional staff exist to ensure the appropriateness of encroachments in the right-of-way. Staff recommends that the previous exceptions to the requirement for Council approval be restored except that the Development Director will be substituted for City Manager in the second exception. Currently, the Development Director consults with a committee including a Transportation and Public Works representative and the Building Official to make a recommendation to the City Manager's Office. It is proposed that the Director of Development be authorized to execute the agreements following this consultation. If this proposed change is approved, the Building Official may authorize sign encroachments up to two feet. The Development Director may authorize all encroachments up to 18 inches behind the face of the curb. The City Council will only consider encroachments into the street and alleys that exceed 18 inches behind the face of the curb. This will save time for City staff, the City Council, and the applicants who are affected by the delays in the issuance of their building permit. The fee for encroachments previously was tiered depending on the level of approval and staff time required. With the 2001 change in the ordinance, only the $450 fee remained since all encroachments require City Council approval. This rate was increased to $500 in 2003. Following are the proposed authority levels and corresponding fees. Approval Fee Building Official $170.00 Development Director $200.00 City Council $500.00 Any loss in revenue is expected to be less than $5,000 annually and will be offset by more efficient use of staff time. 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 (6266) Originating Department Head: Bob Riley (8901) Additional Information Contact: Susan Alanis (8180) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007