HomeMy WebLinkAboutContract 32422 CITY r.nETARY
;iAC I r�o_ 3wo�—
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 Mark P. Thomas, an individual
hereinafter referred to as "Grantee", Owner of the property located at
Fort Worth, Texas
515 Main Street,/ ("Property") on behalf of Chili's Grill & Bar
hereinafter referred to as "Business", located at
515 Main Street, Ft. Worth, Texas
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 a sign and awning
and any supporting structures (both hereinafter referred to as "Sign and Awning")
A
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:
Remove existing wood awnings. Replace them with fabric awnings and new
mountings. Dimensions to remain the same. See plans (attached) for dimensions.
Remove over-the-door wood canopy. Replace with like (new)canopy which will wrap
around the front door and meet up with the fabric awnings on the 5th Street and
Main Street elevations. Utilize existing mounting. Depth of canopy into sidewalk
to remain the same dimensions. See plans for dimensions. Note - no canopy or
awning will extend into the street.
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
� .o
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
Five Hundred and No/100 Dollars ( . $500.00 ).
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 515 Main Street, Ft. Worth, Texas 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.
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;`_2& day of (Ti , , 20 .
CITY OF FORT WORTH/GRANTOR MARK P. THOMAS , GRANTEE
By: By: nn cuk i T�U)AA-61-1-
Dale
A 4tiDale Fisseler, ,Assistant City Manager Mark P. Thomas, an individual
ATTEST: APPROVE -S TO FORM AND LEGAL
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City Secreta s ;51 City Attorney
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Date
MY
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10
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
2005
Notary Public n and for the
State of Texas
KATHY F.DURHAM
MY COMMISSION EXPIRES
Jams
-,;,4f�Vit• ary 24,2009
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 MARK P. THOMAS ,
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 aet and deed of
and in the sappasity +her
-6ta#ed-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a 7 t4 day of
cwt , 2005
otary Public in for t
�ALAAAA.A,yA.&AAAAAAAAAAA-AAAAA State of Texas
BARBARA J.BILLER E
+ * Notary Pubkc No.
STATI;OF TEXAS
,,. My COMM Exp 05-27.7.007
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Fk Nome: Job Na We %ee No. "miedC H I L I S 5 9 4—S U N DA N C E S Q U A R E
041788-007 01-20-04 CS 515 MAIN STREET
ET. WORTH, TX
CANOPY & AWNING ENCROACHMENT
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SUNDANCE SQUARE
515 MAIN STREET
FT. WORTH, TX
STORE •584
CANOPY & AWNING ENCROACHMENT
LIST OF CONTACTS INDEX TO DRAWINGS
OWNER
BRINKER INTERNATIONAL SHEET DESCRIPTION
6750 LBJ FREEWAY, SUITE 1100 CS COVER SHEET
DALLAS, TEXAS 75240 Al OVERALL FLOOR PLAN
PH- (972) 770-8879 A2 OVERALL ELEVATIONS
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DAN DOVER A7 AWNING •5
ARCHITECT A8 CANOPY
GERDES. HENRICHSON & ASSOCIATES
14110 DALLAS PARKWAY, SUITE 100
DALLAS, TEXAS 75240
PH, (972) 239-8884
FAX, (972) 239-5054
EMAIL- KJONES®GHA-ARCHITECTS.COM
CONTACTS,
KENDRICK JONES
AARON HOWELL
EXHIBIT A Page 1 of 9
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DATE(MM/DD/YY)
ACORDr. CERTIFICATE OF LIABILITY INSURANCE 04/01/2005 01/21/2005
PRODUCER LOCKTON COMPANIES OF DALLAS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
717 N. HARWOOD, LB427 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DALLAS TX 75201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
214-969-6700
INSURERS AFFORDING COVERAGE
INSURED Brinker International, Inc. INSURER A: Westchester Surplus Lines Ins.Co.
1041325 Attn:Risk Management Dept. INSURERS: Liberty Mutual Insurance Group
6820 LBJ Freeway INSURER C:XL Insurance American,Inc.
Dallas TX 75240 INSURER D: Please See Attached
INSURER E:
COVERAGES GG
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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY I EACH OCCURRENCE F.—1,000,000
A X COMMERCIAL GENERAL LIABILITY SEW 776 878 06/23/2004 06/23/2005 FIRE DAMAGE(Any one fire $ 50,000
CLAIMS MADE FX I OCCUR MED EXP(Any oneperson) $ XXXXXXX
X Liquor Liab Incl. PERSONAL&ADV INJURY $ 1,000,000
X Subject[o S.LR. GENERAL AGGREGATE $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG f 2,000,000
P -
X RO
POLICY PE LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
B X ANY AUTO AS2-691-004102-264 06/23/2004 06/23/2005 (Ea accident)
ALL OWNED AUTOS
BODILY INJURY i XXXXXXX
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $ XXXXXXX
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $ }{X}{}{xxx
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT i XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000
C X OCCUR F7 CLAIMS MADE US00008067LI04A 06/23/2004 06/23/2005 AGGREGATE $ 1,000,000
UMBRELLA i XXXXXXX
DEDUCTIBLE El FORM XXXXXXX
RETENTION $ S XXXXXXX
B WORKERS COMPENSATION AND WC7-691-004102-284(ID,WI) 06/23/2004 06/23/2005 }{ WC STA ER
OTH-
B EMPLOYERS'LIABILITY WA769DO04102-304(AOS) 06/23/2004 06/23/2005 E.L.EACH ACCIDENT $ 11,000000
E.L.DISEASE-EA EMPLOYE $ 1 00,000
E.L.DISEASE-POLICY LIMIT i 1,000,000
D OTHER PLEASE SEE ATTACHED 04/01/2004 04/01/2005 Please See Attached
Property Boiler&Machinery
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDO RSEMENT/SPEC IAL PROVISIONS
RE:CHIIA'S GRILL&BAR(1594(515 MAIN STREET,FT.WORTH,TX 76102).CITY OF FT.WORTH 1S NAMED AS ADDITIONAL INSURED
AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION M7472
2212246 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF FORT WORTH
1000 fHROCKMORTON ST., MUNICIPAL BUILDING DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3(] DAYS WRITTEN
FT.WORTH TX 76102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILtrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
5
ACORD 25-S(7/97) Fupus.U.-reg-dinpthbcwURcaq,wnwtteenumbernewInU.'Prod~11"wowWd*Petlfyteedontcode'eR11Na+'. OACORD CORPORATION 1988
EXHIBIT B Page 1 of 2
ATTACHMENT FOR PROPERTY/BOILER AND MACHINERY CERTIFICATES
TYPE OF COVERAGE INSURER POLICY NO. LIMITS
Property Lexington Ins. Co. 8752996 $ 10,000,000
Boiler Hartford Steam Boiler 7318185 $20,000,000
Master ID : 1041325
Miscellaneous Attachment: M7472 01/21/2005
EXHIBIT B Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2005
DATE: Tuesday, April 05, 2005
LOG NAME: 06CHILIS REFERENCE NO.: **C-20630
SUBJECT:
Consent Agreement with Mark P. Thomas Authorizing Use of the Right-of-Way for New Canopy and
Awnings for Chili's Restaurant at 515 Main Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement for
signs and awnings for Chili's Restaurant at 515 Main Street.
DISCUSSION:
Mark P. Thomas, owner of the building addressed as 515 Main Street, has requested use of the right-of-
way for installation for a new canopy and awning at Chili's restaurant at 515 Main Street. The purpose of
the installation is to provide an updated look for the exterior of the restaurant.
The Downtown Design Review Board approved this change via DG-04-042 on November 11, 2004. The
Encroachment Committee has reviewed this request and has recommended approval.
The encroachments are 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/Centers
Submitted for City Manager's Office blE Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 06CHILIS Page I of I