HomeMy WebLinkAboutContract 61449CSC No. 61449
PARKING LOT LICENSE AGREEMENT
This Parking Lot License Agreement ("Agreement") is entered into by and between
the City of Fort Worth, Texas, a home -rule municipal corporation of the State of Texas
("City"), and Prism Electric, Inc. ("Tenant").
WHEREAS, City owns a certain piece of property known as Lot 2 (the "Lot")
located on the north side of the Commerce Street Garage, at 1301 Commerce Street, Fort
Worth, Texas, 76102 ("Property"), which Property is managed on behalf of the City by SP
Plus ("Property Manager"); and
WHEREAS, Tenant has requested, and the City agrees to grant to Tenant, the use
of a portion of the Property and parking spaces on the Lot in accordance with the terms
and conditions of this Agreement.
WITNESSETH:
1. Premises. City hereby grants Tenant the exclusive license to use 2 of the 22
spaces of the Lot as described in Exhibit "A" located on the north end of the Property for
placement of a small temporary office building (the "Licensed Space"). Tenant shall have
no vehicular access to the Commerce Street Garage. Under no circumstances during the
Agreement will Tenant use or cause to be used on the Lot any hazardous or toxic
substances or materials, or store or dispose of any such substances or materials on the Lot;
provided that the presence of engine oil and hydraulic fluids used for or stored in
containers on the Lot will not be deemed a violation of this Section. Tenant shall not
install signs, advertising media, and lettering on the Lot without prior written approval of
City. Tenant will have access to the Lot 24 hours a day, 7 days a week.
2. Condition of Lot. Tenant taking possession of the Licensed Space shall be
conclusive evidence that (a) the Lot and Licensed Space are suitable for the purposes and
uses for which same are licensed to the extent Tenant has had the opportunity to inspect
the Lot; and (b) Tenant waives any and all defects in and to the Lot, its appurtenances,
and in all the appurtenances thereto. Further, Tenant takes the Lot and all appurtenances
in "AS IS" condition without warranty, expressed or implied, on the part of City. Except
to the extent arising from City's negligence or willful misconduct, City shall not be liable
to Tenant, Tenant' agents, employees, invitees, licensees, or guests for any damage to any
person or property due to the Lot or any part of any appurtenance thereof being improperly
constructed or being or becoming in disrepair.
3. License Term: The Initial Term of this Lease shall commence on the date of
its execution ("Effective Date") and expire 6 months from the Effective Date ("Expiration
Date"), unless terminated earlier in accordance with this agreement, for any reason, by
providing the other party with not less than 30-days written notice prior to the effective date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
of such termination. City shall have the option, in its sole discretion, to renew this agreement
under the same terms and conditions, for up to 4 six-month renewal options.
4. License Fee; Time of essence. Tenant will pay City a license fee of
$1,200.00 per month to use the Licensed Space during the License Term (the "Fee"). The
Fee is due to City on or before the I" of each month via check delivered to Property
Manager at the Houston Street Garage, located at 1200 Houston Street Fort Worth, TX
76102. If the payment of the Fee is not received by City as provided herein, then after
five (5) days after receipt of written notice from City, all amounts due and payable to City
hereunder shall bear interest from the date the payment of fees was due until paid, at a
per annum rate of interest equal to the lesser of (a) eighteen percent ( l 8%) or (b) the highest
non -usurious rate permitted by applicable law. Time is specifically of the essence of this
provision and of every provision of this Agreement.
5. Limited Services. City shall provide access to electricity and water. City shall
not furnish Tenant with any other utilities, cleaning, lighting, security, or any other items or
services for the Licensed Space. All operating costs of the Licensed Space shall be Tenant's
sole cost and expense. If Tenant wants or needs any utilities, cleaning, lighting, security, or
any other items or services while occupying the Licensed Space, then Tenant shall first obtain
permission and approval from the City to contract, add or install any of the above items and
will be responsible for providing same at Tenant' sole cost.
6. Alterations, Additions, Improvements, and Signage. Tenant shall make no
alterations on or additions to the Lot without the prior written consent of City. Tenant will
provide notice to the City prior to any approved alterations, additions, improvements, or
signage. All alterations, additions and improvements made to or fixtures or other
improvements placed in or upon the Lot shall be deemed a part of the Lot and the property of
City at the end of the License Term. All such alterations, additions, improvements, and
fixtures shall remain upon and be surrendered with the Lot as a part thereof at the termination
of this Agreement. At the termination of this Agreement, whether by lapse of time or
otherwise, Tenant shall (i) deliver the Licensed Space to City in as good a condition as the
same was as of the date of the taking of possession thereof by Tenant, subject only to ordinary
wear and tear and damage caused by casualty or condemnation and (ii) upon City request,
remove any alterations and make any repairs to the Lot as needed in order to comply with the
provisions of Section 13 below.
7. Indemnity. (a) TENANT SHALL AND DOES AGREE TO INDEMNIFY,
PROTECT, DEFEND AND HOLD HARMLESS CITY, CITY'S OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM
AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS,
CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, (INCLUDING
REASONABLE COURT COSTS, REASONABLE ATTORNEYS' FEES AND
REASONABLE COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION TO THE EXTENT ARISING OR ALLEGED TO ARISE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY
(1) RELATING TO THE USE OR OCCUPANCY OF THE LOT BY TENANT, ITS
EMPLOYEES, AGENTS AND LESSEES OR
(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR
PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED BY ANY ACT OR
OMISSION ON THE PART OF TENANT OR ANY LESSEE, EMPLOYEE, DIRECTOR,
OFFICER, SERVANT, OR CONTRACTOR OF TENANT OR (3) BY ANY BREACH,
VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF TENANT UNDER
THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"), EXCEPT TO THE EXTENT
ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR PROCEEDING SHALL
BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY
SUCH LIABILITY OR CLAIM, TENANT, ON NOTICE FROM CITY, SHALL DEFEND
SUCH ACTION OR PROCEEDING, AT TENANT'S EXPENSE, BY OR THROUGH
ATTORNEYS REASONABLY SATISFACTORY TO CITY. THE PROVISIONS OF THIS
PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF TENANT WITH RESPECT TO
THE USE AND OCCUPANCY OF THE LOT, WHETHER OCCURRING BEFORE OR
AFTER THE COMMENCEMENT DATE OF THE LICENSE TERM AND BEFORE OR
AFTER THE TERMINATION OF THIS AGREEMENT. THIS INDEMNIFICATION
SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS
PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS,
DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS.
(b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW
OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR
ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS
PARAGRAPH 7, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE
INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE
INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY
TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS
OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION
OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT.
8. Waiver of Liability. ALL VEHICLES AND ALL PERSONAL
PROPERTY WITHIN VEHICLES USING THE LOT, WHETHER PURSUANT TO
THIS AGREEMENT OR OTHER WISE SHALL BE AT THE RISK OF TENANT
ONLY, AND NO INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT
OF OR DAMAGE TO PROPERTY OF TENANT, ITS EMPLOYEES, AGENTS,
PATRONS, INVITEE, OR TO OTHERS, REGARDLESS OF WHETHER SUCH
PROPERTY IS ENTRUSTED TO EMPLOYEES OF CITY OR SUCH LOSS OR
DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF
WHATSOEVER NATURE, UNLESS DUE IN WHOLE OR IN PART TO THE
NEGLIGENCE OF ANY INDEMNITEE.
9. Insurance. Tenant shall procure and maintain at all times, in full force and
effect, a policy or policies of insurance as specified herein, which liability policy shall name
the City of Fort Worth as an additional insured to the extent of Tenant's indemnity obligations
and covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Lot. Tenant shall obtain the following insurance coverage at the limits
specified herein:
* Commercial General Liability: $1,000,000.00 per occurrence (Including Products
and Completed Operations);
In addition, Tenant shall be responsible for all insurance to any personal property of
Tenant or in Tenant's care, custody or control. Tenant is allowed to self -insure without the
prior written consent of City. Any self -insured retention or other financial responsibility for
claims shall be covered directly by Tenant in lieu of insurance.
10. Abandoned Property. Tenant's personal property not promptly removed
by Tenant from the Lot within 30 days from the termination of this Agreement, whether
termination shall occur by the lapse of time or otherwise, shall, thereupon be conclusively
presumed to have been abandoned by Tenant to City. Fixtures attached to the Lot become
the property of City, if not removed as required herein.
11. Assignment and Subletting. Tenant shall not assign this Agreement, or any
right of Tenant under this Agreement, or sublet the Lot, for consideration or no
consideration, whether voluntarily, by operation of law, or otherwise without City's
approval, and any attempt to do so shall be void, and any such attempt shall cause
immediate termination of this Agreement; all provided that Tenant's contractors and
agents may use the Lot in accordance with the terms and provisions hereof.
12. Damage to Lot or Property of City. If, at any time during the License
Term, by the acts or omissions of the Tenant, its employees, agents, or licensees, the Lot, or
any property therein is damaged or destroyed, Tenant shall be obligated to pay, within thirty
(30) days of demand, all costs to repair same together.
13. Repairs and Maintenance. City has no obligation to make any repairs to the Lot
prior to Tenant occupancy other than what has been mutually agreed upon in writing between City
and Tenant prior to Tenant occupancy. Furthermore, City has no obligation to repair any damage
to the Lot due to Tenant occupancy and/or use of the Lot. Other than what has been mutually
agreed upon in writing between City and Tenant, City's sole obligation hereunder being to make
the Lot available to Tenant in accordance with and subject to the covenants, restrictions and
,limitations set forth herein. Tenant shall, at its expense, use and maintain the Lot in a neat,
clean, careful, safe, and proper manner including but not limited to any snow and/or ice
removal, and comply with all applicable laws, ordinances, orders, rules, and regulations of all
governmental bodies (state, county, federal, and municipal). At no time may there be any
maintenance of any trailers or trucks within the Lot or Property and if a spill of any nature takes
place arising from the actions of Tenant, Tenant must notify the Property Manager immediately
and is responsible for all required clean up and repairs to the extent arising from the spill.
14. Severability. If any clause or provision of this Agreement is or becomes illegal,
invalid or unenforceable because of present or future laws or any rule or regulation of any
governmental body or entity, effective during the License Term, the intention of the parties
hereto is that the remaining parts of this Agreement shall not be affected thereby unless such
invalidity is, in the reasonable determination of the parties, essential to the rights of both
parties, in which event either party has the right, but not the obligation, to terminate the
Agreement on written notice to the other party.
15. Default and Termination.
(a) Tenant's Default. If Tenant shall fail to perform or observe any of its
obligations hereunder then City may terminate this Agreement by giving Tenant twenty (20)
days prior written notice thereof. If Tenant fails to cure such default within fifteen (15) days
of receipt of City's default notice than this Agreement and all interest of Tenant hereunder
shall automatically terminate, but if Tenant does so cure such default within said 15 days,
City's termination notice will be deemed withdrawn. Such rights of City in the case of a default
by Tenant hereunder are not exclusive, but are cumulative of all other rights City may have
hereunder, at law or in equity; and any one or more of such rights may be exercised separately
or concurrently to the extent provided by law.
(b) City's Default. Should City commit a default under this Agreement. Tenant
may terminate this Agreement by giving City twenty (20) days prior written notice thereof. If
City fails to cure such default within fifteen (15) days of receipt notice then Tenant may
terminate this Agreement- Such rights of Tenant in the case of a default by City hereunder are
not exclusive, but are cumulative of all other rights Tenant may have hereunder, at law or in
equity; and any one or more of such rights may be exercised separately or concurrently to the
extent provided by law.
16. Day Termination Option: Either party shall have the right to terminate this
Agreement by providing the other party a 30 days written notice of termination. Tenant must
vacate the Lot by the end of the 30 days after the notice was submitted to the other party and
return the Lot to an acceptable condition to City.
17. Notice. Any notice hereunder must be in writing. Notice deposited or sent
by nationally recognized overnight courier service, such as, but not limited to, Federal
Express, by certified mail with return receipt requested, or by express mail properly
addressed, postage paid, shall be effective -upon deposit. Notice given in any other manner
herein shall be effective upon receipt at the address of the addressee. For purposes of
notice, the addresses of the parties shall, unless changed as hereinafter provided, be as
follows:
To CITY:
To TENANT:
City of Fort Worth Prism Electric, Inc.
Attn: Jesica McEachern, Assistant Cit)<Attn: Jeremy Ludwiczak, PE
Manager Executive Vice President, North Texas
200 Texas Street lConstruction
Fort Worth, TX 76102-6314 12985 Market Street
Facsimile: (817) 392-8654 Garland, TX 75041
Facsimile: (817) 926-2000
With copy to Fort Worth City Attorney's Office
at same address
The parties hereto shall have the continuing right to change their respective address by
giving at least ten (10) days' notice to the other party.
18.Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134,
Administration, Powers and Duties of the Department of Internal Audit, of the Code of
Ordinances of the City of Fort Worth, City may at City's sole cost and expense, at
reasonable times during Tenant normal business hours and upon reasonable notice, audit
Tenant books and records, but only as it pertains to this Agreement and as necessary to
evaluate compliance with this Agreement.
19. Entire Agreement. This Agreement constitutes the entire agreement between City
and Tenant relating to the use of the Lot and no prior written or oral covenants or
representations relating thereto not set forth herein shall be binding on either party hereto.
20. Amendment. This Agreement may not be amended, modified, extended, or
supplemented except by written instrument executed by both City and Tenant.
21. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original, but all of which shall constitute but one and the same
document.
(SIGNATURES APPEAR ON
FOLLOWING PAGES)
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: C)P�
Name: Jesica McEachern
Title: Assistant City Manager
Date: May 21, 2024 20
APPROVAL RECOMMENDED:
By: ^Vl�
Name: Lauren Prieur
Title: Director of TPW
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ATTEST:
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May 22, 2024
Name: Jannette Goodall
Title: City Secretary
TENANT:
Prism Electric, Inc.
By: �-
Name: eremy Ludwiczak
Title: Executive Vice President
Date: May 3rd 20 24
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Pam. Ott
By:
Name: Peter Elliott
Title: Parking Onerations Manager
APPROVED AS TO FORM AND
LEGALITY:
By: ivov IVPL
Name: Samuel Angel
Title: Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RT WORT .,
Certificate of Appropriateness
Downtown Design Review Board
1101 Commerce Street
Temporary Construction Offices
On April 25, 2024, the staff of the Downtown Design Review Board (DDRB)
ADMINISTRATIVELY APPROVED the Certificate of Appropriateness (COA) for the
following:
• To install temporary construction offices at the parking lot adjacent to the
property at 1101 Commerce Street and between Commerce and Calhoun
Streets.
Approved plans are attached.
Approval of your case does not negate you from any other applicable requirements
needed to obtain required permits. If necessary, you must obtain all required variances
before a Certificate of Appropriateness or sign/building permit will be issued.
Questions regarding this case may be forwarded to the Development Services
Department at (817) 392-8000.
April 25, 2024
Francisco Vega
Senior Planner Downtown
APPROVED l
By Francisco Vega at 9:12 am, Apr 25, 2024
DEVELOPMENT SERVICES DEPARTMENT
CITY OF FORT WORTH 1200 TEXAS STREET I FORT WORTH, TEXAS 76102-6311
Temporary Construction Facility Standards
Temporary construction offices, storage sheds, trailers, barricades, and fences
will be allowed as necessary during the construction of a permanent building_
• Such facilities shall be placed as inconspicuously as possible to the general
public andlor neighboring property owners_
Temporary construction facilities are approved by staff
Construction Trailer Location Standards
Trailers must be located within the designated limits of construction.
Under certain circumstances, approval may be given to locate construction
trailers at another location_ Approval shall be limited to cases where site
characteristics make it difficult or impractical to locate a trailer on the
construction site_
Construction Trailer Location Guidelines
Temporary screening materials along the fenced construction area are allowed,
to minimize the visual impact of the construction areas and fencing_
Screening designs should have elements or references to the associated
building under construction, with the exception of art projects on the
construction fence_ It is not permitted to advertise for any off -site or non -
property related entity (e_g., general contractor, financial institution)_
Artistictcreative designs on the construction fence are encouraged, where
appropriate.
• Designs should be complementary to the existing permanent signs on site.
Appropriate temporary construction fences are necessary to limit public access
to hazardous areas during the construction phase and to ensure the safety of
both pedestrians and motorists_ In addition, construction fences provide an
opportunity to showcase projects or provide temporary art displays_
APPROVED
By Francisco Vega at 9:12 am,
ii �IV
V
LL]
Standard electrical packages are designed for 20-40' office
Neutral -Grounded Conductor and combo containers and include high -security entrance
120Volts lights, external GFCI receptacle(s), and a 125 amp panel box.
120 Volts
Electrical Specifications
Ground or
4 Wire, 6-8 Gauge Hookup
1 Ton, 220 Volt, Single Phase AC
20' Container Office or Combo
Pulls 40 amps under max load
APPROVED 1
lBy Francisco Vega at 9:12 am, Apr 25, 2024 J
mobile
modular
Portable `storage
40' Container Office or Combo
12,000 Watt Generator Recommended
Pulls 60 amps under max load
RENT, LEASE OR PURCHASE
NEED HELP? CALL
866.459e7600
mobilemodularcontainers.com
FORTWORTH®
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: Parking Lot License Agreement
For: Parking Lot License Agreement between the City of Fort Worth and Prism Electric to allow
Dyna Ten Corporation to use parking spaces in Lot 2 located on the north side of the Commerce
Street Garage.
M&C: N/A CPN:
CSO: N/A DOC#:
Date:
To:
Name
Department
Initials Date Out
1.
Lora Carosielli
TPW- Initial
_C
2.
Peter Elliott
TPW- Signature
,�
3.
Chelsea St. Louis
TPW- Initial
°,'
4.
Martin Phillips
TPW- InitialP
5.
Lauren Prieur
TPW- Signature
�/Vl
6.
Samuel Angel
Legal- Signature
24c
7.
Jesica McEachern
CMO- Signature
8.
Ronald Gonzales
CMO- Initial
�c
9.
Jannette Goodall
CMO- Signature
10.
Allison Tidwell
CMO
11.
Charles Yarbro
TPW
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all
City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: DYES ®No
RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: DYES ®No
ROUTING TO CSO: ®YES ❑No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs