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HomeMy WebLinkAboutContract 30056 CITY SECRETARY CONTRACT- NO. CONSENT AGREEMENT FOR 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 /aba Zak, acting herein by and through its duly authorized hereinafter referred to as "Grantee", Owner of the property located at ,-'9,a ,06Wy �'r T ("Property") on behalf of 73e , /Z9 hereinafter referred to as "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") _ 1 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: qs ©.v 4 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 "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 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 i,� ,,WAQ7l�1/�0 wry Dollars ( 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 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 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 Fl. 4 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. 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. 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 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, contractors and subcontractors, and nothing herein . shall be construed as creating a partnership or joint enterprise between City and Grantee. f Ike .•�l;i.�:,l� �.1. .. I� 6 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 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 'f HE 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 a / EXECUTED this day of J u r , 20 CITY OF FORT WORTH, GRANTOR GRANTEE l By, r ,�n! �et'f� By: 00, Reid Rector, Asst. City Manager ATTEST: APPROVED O FORM AND LEGALITY A &,t,ryity ecretary 5 �w+ ity Attorney Contract .hut orizatioa Date 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 Reid Rector, 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 20��. Notary Public in and for the State of Texas F l L vvv1'FP~jP{ KAREN EDWARDS-FISHER Notary Public, State of Texas My Commit on Expaes .•' May07 2008 i J. 11 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a ��Nootary Public in and for the State of Texas, on this day personally appeared ,,1%'�d1T, f/,,60 eg�D&.4) 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 T�Q (4y , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3day of 20 — ww Notary Public in and for the Notary LtPubll A.ic.SBROOKS State of Texas '. 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STEEL FRAME O NEW STORE FRONT 3'-0" SIGNAGE ATTACHED TO FRONT OF THE AWNING I I�' ENCROACHMENT I EXISTING MASONRY STOREFRONT WALL I � I ro I I EXISTING CONCRETE EXISTING 13UILDING LANDING I PROPERTY LINE SECTION RIGHT-OF-WAY 1 1/2 I O QAn Awning Design for: y A 2901 - 2909 B West Berry Avenue :.:>>.»>.••....•.a•.: °-.� . W Fort Worth,Texas 3 � 3 ALLIED INSURANCE AGNCY Fax:214-691-1622 Jan 23 2004 9:42 P. 02 ACOR�?TM CERTIFICATE OF LIABILITY INSURANCE olio iUN A ER (214)7nce Agency FAX (214)691-1522 ONLY ANDIFICATE 15 ISSUED CONFERS NO RIGHTS UPON THE CFERTIFICATE INFOR ION Allied Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 8214 Westchester Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 420 Dallas, TX 75225 INSURERS AFFORDING COVERAGE NAIC 0 INSURED Potomac Street, Inv, LLC INSURIRA! Nautilus Insurance CoMany 3925 Potomac Ave INSURER B: Ft Worth, TX 76107 INSURER C; INSURER D: INSURER Er COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDIN ANY REQUIREMENT,TERRA 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, TTVMRW 17 TYPE or-INSURAMCE POLICY NUMBER LIMITS GENERAL LIABILITY NC258840 OS/09/2003 OS/09/200T EAC1OOCURRENCE S 11000.00d )( COMMERCIAL GENERAL LIABILTrY PREML9 S 100 CLAIMS MADE Fx I OCCUR MED EXP(Any one perW) E 5.000 A PERSONAL A ADV INJURY S 1 000.000 GENERAL AGGREOATE $ 2,000,0 GEMLAWRE43ATELIMIT APPLIES PER.- PRODUCTS•OOMPIOPAGG i Included POLICY E 5`98i LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMB = ANY AUTO (En leddeM) ALL OWNED AUTO8 BODILY INJURY SCMEDULEDALITO8 (Perpereon) S HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per mddAM) _ PROPERTY DAMAGE � (Per occident) GARA01LIABILITY AUTO ONLY-EA ACCIDENT t ANY AUTO OTHER THAN EA ACC B AUTO ONLY: AGA j KIM MIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGRE(%AT9 i i DEDUCTIBLE S RETENTION S 6 WORKERS COMPENSATION AND I Tp IM ' 1 17 EMPLOYER&LIABILITY ANY PRO PRIUORIPARTNERAEXECUTIVE E.L.EACH ACCIDENT 6 MOFFICEWMEMBEREXCLUDED? E.L,DISEASE-EA EMPLOYE S SPEe�runder &v 0 8 below E.L.OiBEABE.POLICY LIMB 1 OTHER DEECR"Oh OF-OPERATIONS I WCATI0114 VE ICL"I 9X—CLUMONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Location: 2901 Berry St, Ft Worth TX 76107 Cation: 2917 Berry St, Ft Worth TX 76107 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 7 EXPIRATION DATE THIREOF,THE ISSUING INSURER WILL END&AVOR TO MAIL —IQ_DAYS WRRTEN NOTICE TO THE C£RTIPICATE HOLDER NAMED TO THE LEFT. city of Fort Worth BUT FAILURE TO MNL SUCH E SHALL IM PSE NO OBLIGATION OR LIABILITY 1000 Throckmorton St OF ANY KIND UPON u AGE RRE"SSENTATIVES, Ft Worth, TX 76102 AUTHORIZED REPRZVRTpfr Jew ACORD 25(2001108) or Ir rCACORD CORPORATION 1988 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/18/2004 DATE: Tuesday, May 18, 2004 LOG NAME: 062901 W.BERRY REFERENCE NO.: **C-20078 SUBJECT: Encroachment in Right-of-Way: Consent Agreement with Tulsa Boy, LLC., Authorizing Use of the Right-of-Way for Installation of an Awning at 2901 West Berry Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a consent agreement with Tulsa Boy, LLC., authorizing use of the right-of-way for installation of an awning at 2901 West Berry Street. DISCUSSION: Matthaw Hale Mildren, President of Tulsa Boy, LLC., is requesting permission to install an awning on his building addressed as 2901-2909 B West Berry Street. The awning will encroach 11-3/8" into the right-of- way of West Berry Street and wrap around the corner of the building and encroach 3' into the right-of-way of Green Avenue. The Encroachment Committee has reviewed this request and recommends approval. The encroachment will be located 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 by: Reid Rector (6104) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) T.ogna.me_ 062901 W.RF.RRY PaoP 1 of 1