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HomeMy WebLinkAboutContract 43866 (2)CITY SECRETARY ENCROACHMENT AGREEMENT CONTRACT Nirt -_ STATF OF TI XAS COUNTY OF I ARRANT 3YLPL1 THIS AGRI I=MFN T 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 Planning and Development Department Director, hereinafter referred to as the "City" and Artes de la Rosa, a nonprofit organization, acting herein by and through its duly authorized Board President, William Giron hereinafter referred to as "Organization", or Lessee of the property located at: Lot2, Block 58, NORTH FORT WORTH TOWNSITE COMPANY'S SUBDIVISION of part of NORTH FORT WORTH ADDITION to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Volume 106, Page 54, Plat Records, Tarrant County, Texas. Address of Property: 1442 North Main Street, Fort Worth, TX ("Property"). WHEREAS, the City and Organization are parties to a Lease Agreement wherein City is Lessor or landlord .of 1442 North Main Street, Fort Worth, Texas. I'4 t C. Contract No: and amendments thereto the (City Secretary "Lease."; and WHFRFAS, the City/Lessor and Organization/Lessee are parties to Banner Program Management Agreement (City Secretary Contract No: 42466), the "Banner Agreement.", and 1-09--1 2 AO 1 OFFICIAL RECOIR CITY SECRETARY WHEREAS, Organization desires to construct/place two canopies and a marquee sign upon the building which will encroach into the public sidewalk; and WHEREAS, to accommodate the needs of Organization, City will permit the Encroachment under the terms and conditions set forth in this Agreement. NOW, THEREFORE, the City and Organization hereby agree as follows: WITNESSETH: 1. For and in consideration of the payment by Organization of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Organization permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") 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, such Improvement(s) are described as follows: Install two new metal canopies and one digital marquee sign over entrances which encroached 6'-0" over existing Public Sidewalk ROW. Canopies encroachment shall extent to approximately 5'-0" away from face of existing curb. The location and description of said Improvement 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 Improvement, use and occupancy shall be performed in strict compliance with 2 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. 3. Upon completion of construction and installation of said Improvement 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. Organization, 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, Organization shall pay to City an additional amount 3 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, Organization understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Organization 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, Organization agrees to pay to City at the time this Agreement is executed a fee in the sum of two hundred seventy five Dollars ($275.00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. Upon termination of this Agreement, Organization shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement 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 Organization that if this Agreement terminates and Organization fails to remove the Improvement, the City may remove the Improvement and any supporting structures. 9. It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ("public right-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 public right -of way 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 public right-of-way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. Organization understands and agrees that the granting of any encroachment hereunder is not meant to convey to Organization any right to use or occupy property in which a third party may have an interest, and Organization 5 agrees that it will obtain all necessary permission before occupying such property. 11. Organization 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 Improvement, encroachment and uses. 12. Organization 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. Organization 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 Organization 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 o missions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall n ot apply as between City and Organization, its officers, agents, servants, e mployees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and 6 Organization, and is not intended to alter any provisions regarding the same under the Lease. 14. ORGANIZATION 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 IMPROVEMENT 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 ORGANIZATION HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. ORGANIZATION 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 ORGANIZATION, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. THIS PROVISION IS NOT INTENDED TO ALTER ANY PROVISIONS REGARDING THE SAME UNDER THE LEASE. 15. While this Agreement is in effect, Organization 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 Tess than the following: $1,000,000 Commercial General Liability with the understanding of and agreement by Organization that such insurance amounts shall be revised upward at City's option and that Organization shall so revise such amounts immediately following notice to Organization 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". Organization agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Organization 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 8 the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Organization's contractors. 16. Organization 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 Organization, City shall be entitled to recover interest and reasonable attorney's fees. 18. Organization covenants and agrees that it will not assign all or any of its nghts, 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. 9 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 10 City EXE• By' fka o recto Du el r� piano g and (<1 day trls CAty _ F_� �orth at ? ill(re pity cretary 20 tion (MeS de ka Rosa)) C�r9aniza Na- By: lamV • rt .crt�aoQ ifok AnopoomosessalossoFals 0."-- 6 • Form di N. 0,4 --- VP 0 PAreds = r % 8) 10,16 4 4 000 0 , 4�0c�©4o� •v 'cot ��T ) ry • o . Pkssist Get and Legality )-NN\ 1/0 pity ,,ttorrrey It OFFICIAL RECORD) CITY SECRETARY FT. WORTh, TX SI AT I OF I CXAS § COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Randle Harwood, 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 SI-AL OF OF ICE this day of nJ NrC ,etr--ts-r , 20 • IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 20, 2016 . - • 41 • Y 4 1 , . a „ • . . 4 ffrini 5 tutx Notary Public in and for the State of Texas 12 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 William Giron, 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 Organization, Arles de la Rosa, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 44' day of elC\'O hQ Y , 20 l 2 . ubli► 'n and for t ate of Texas 13 O 0 o w x cn G W k 6 -da N N 11'-0" ± EXISTING IC SIDEWALK • 1 tn 0 EE O • - El u 0 0 0 0 0 IN 0 9.?3f.AFET NOPY rfire EXISTING ELEVATION A21 SCALE INT E itc' ANODIZEDALUMINUM METAL CANOPY WITH DECORATED STEEL CHANNEL TRM PROVIDE AND INSTALLED BY CANOPY RIANUFAOTURER (ThPROPOSED ELEVATION e/ SCALE: lie = II-0' i CHANGEABLE COPY CU ED SHEET METAL DIGITAL LED MARQUEE [EN Y WALL SIGNAGE I' 4,1 7EXISTING PARAPET. NO WORK ON EXISTING ROOF t- TENSION RODS DS ALUMINUM SHEET! ETAL ROOFING DECORATIVE C CHANNEL OROOF PLAN A10, SCALE'tle'21. Lat -CHANGEABLE COPY DIGITAL LED MAROUEE ', hi TrInir" ANODIZED ALUMINUM METAL CANOPY MTH DECORATED STEEL CHANNEL TRIM PROVIDED AND INSTALLED BY CANOPY MANUFACTURER LIGHT GAUGEFRAMING PROPOSED ENTRY SIGNAGE CANOPY BELO SHOWN DASHED 4.144.4 4414144441. LIGHT GAUGE BVECTUBEFRAMING ALUMINUM TUBE VERTICAL SUPPORT ALUMINUM SHEET METAL PANEL LIGHT GAUGE ALUMINUM TUBE FRAMING BEYOND TENSION ROD ALUMINUM SHEET METAL PANELRCOFING DECORATIVE ALUMINUM C CHANNEL ALUMINUM TUBE CANOPY SUPPORT ATTACHED TO EXISTING WALL FA OWALL SECTION SCALE: IM'=1'U' NOTE: 1. CANOPY MANUFACTURER / CONTRACTOR SHALL PROVIDE ENGINEERED SHOP DRAWINGS TO ARCHITECT AND ENGINEER FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. 2. CONTRACTOR SHALL PROVIDE SHOP DRAWINGS AS DEFERRED SUBMITTAL FOR REVIEW AND APPROVAL BY AUTHORITY HAVING JURISDICTION. NO, ISSUES DESCRIPTION DATE CITY REVIEW 05.162012 m-::�wruwonae1o, BC KIE01u roAax+ nu01 0w:a.i 001.1 �.. U4- 3C4 CC < O O N cc > zF o J t Q 0 w t Vtnzo LLI Ns N LL W re Z Q ELEVATIONS & WALL SECTIONS PROJECT N: 12040.00 ISSUE DATE: 05.16.2012 SHEET NUMBER: A101 hi 6ftea--- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) _ 10/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Frampton Insurance Agency P.O. Box 833190 2097 N Collins Blvd Ste 200 Richardson TX 75083-3190 INSURED Latin Arts Association Of Fort Worth 1440 N. Main St. Fort Worth TX 76164-9119 CONTACT peter Walker - Rep P oHONE^ Fyn, (972)234-1300 ,tC N E-MARFSILS:Per@ramP etftonins . com AQD INSURER(S) AFFORDING COVERAGE INSURER A :Travelers Lloyds Insurance INSURER B : INSURER C: INSURER D : INSURER E INSURER F : FAX (972)234-1385 IA/C. Nol: NAIC # COVERAGES CERTIFICATE NUMBER:CL12101500276 REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE 'AWL SUBR POLICY EFF POLICY EXP LTR INSR wvp POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X I POLICY I I FRr. I I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED I I RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE Y/N x x 6600736C89612 X x 660736C89612 N/A 9/1/2012 9/1/2013 9/1/2012 9/1/2013 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OPAGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Peraccident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE ITORY 1 IAMITS I Ng- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is Additional Insured for General Liability. Waiver of Subrogation for General Liability for City of Fort Worth CERTIFICATE HOLDER cassandra.foreman@fortwort City of Fort Worth Cassandra Foreman 1000 Throckmorton Fort Worth, TX ACORD 25 (2010/05) INS025 (201005).01 CANCELLATION 1,000,000 100,4006 5,000 1,000,000 2,000,000 2,000,000 1000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN _. . ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P Walker - Rep/PETE 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD