HomeMy WebLinkAboutContract 29065 09-09--03 A,-I', 10 CITY SECRETARY Zo(oc-,CONTRACT NO.
CONSENT AGREEMENT
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
Warnex�s Wa, vA"�-erises L fZ ,
acting herein by and through its duly authorized Q w v% p-r ,
hereinafter referred to as "Grantee".
WITNESSETH:
1.
For and in consideration of the payment by grantee of the application
charge set out below and the true and faithful performance of the mutual
covenants herein contained, City hereby grants to Grantee permission to
encroach upon, use and occupy portions of the space under, on and/or above
the streets, alleys, sidewalks and other public rights-of-way as follows:
Z �10c.k o V, far free
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The location and description of said 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
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 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".
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4.
Grantee, at no expense to the City, shall make proper provisions for the
relocation and/or 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, 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 might incur as a result of the construction or maintenance of the
3
encroachments and uses provided for by this agreement, Grantee agrees to pay
to City at the time this agreement is executed an application charge in the sum of
1 ct1 LLWSV'e- k _ �` —Dollars ( ).
7.
The initial term of this agreement shall be thirty (30) years, commencing
on the date this agreement is executed by the City of Fort Worth.
8.
Upon termination of this agreement for any reason whatsoever, Grantee
shall, at the option of City and at no expense to City, restore the public right-of-
way and adjacent supporting structures 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.
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, to wit, its City Council, should at any time during the term
hereof determine in its sole discretion to use or cause or permit the said portions
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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
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 encroachments 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; that Grantee shall have
exclusive control of and the exclusive right to control the details of its operations,
5
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; that 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.
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 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.
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15.
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.
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 City
Manager or designee. Any attempted assignment without prior approval will be
void.
19.
This agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this �� day of2�,CZ�L�'I�j�� , 20
CITY OF FORT WORTH, GRANTOR W�rNers WaH E.+n"�, L GRANTEE
By: A"d fiy-' By:
Reid Rector, Asst. City Manager .011
A E ST: APPROVEDAS TO FORM AND LEGALITY
i y Se etary Ass} City AttoMey
Contrac� Authorization WCHTAly
I )I 10.3 I R Wi0ayfl, YEK,
Date 8
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 fW day of
20 d9-3 .
ROSELLA BARNES
NOTARY PUBLIC Notary Public in and for the
tN. fN; State of Texas
P
Comm.Ex 03-31-2005 State of Texas
9
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in anq or the
State of Texas, on this day personally appeared ,
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
and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
a 1U , 20 D30/h 1J., /7.
k-vv'vA-
1\14ry
Public in and r the
�S to of Texas
CRISELDA ARENIVAR
*®. Notary Public
y STATE OF TEXAS
My Comm.Exp.Feb.25,2006
10
V0 10/L.U U,3 I I : U�JAP7 '1 H L HAM' (.Jill PA6E 3 r--3
ACVRor. CERTIFICATE OF LIABILITY INSURANCE Ro2z 06-18-2003
PRODW ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AL BOENKER INS . AGENCY, INC . /SCIC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
504378 P: ( 8 6 6 ) 4 6 7-8 7 3 0 F: ( 877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. BOX 33015
SAN ANTONIO_TX 78265 INSURERS AFFORDING COVERAGE
INSURED :'ASURER A,Hartford Lloyd ' s Ins Co
INSURER BI _
WARNER WAY ENTERPRISES INSURER C.
212 COLLEGE 11
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5URER D.
FORT WORTH TX 76104 INSURER S.
COVERAGES
THE 7;C7 ICIFS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE TNSURED NAMED ABOVE. FOR THE POLT:'.Y PERIC•D INDT'ATED. NOTW"-7STANDTN�
ANY ALQ_IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DO:"JMENT WITH RESPECT TO WHI.CF; THIS CERT.:_..ATE MAY BE iSSUEJ cit
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE:: HEREIN IS SUBJECT TC ALL THE TERMS, EXCLCS.ONS AN:. `^..NL•.':_">:: -F S:"{
POLTCTES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID -=.ATMS.
INaTtPOLICY EFFECTIVE POLICY EXPlrATION
•� T"[PE 'F LPSU[iANCE _ 011LLCY NIMER __ _- pATC 1E41/[�':i'i'] _PATS JF1f1:CF•:'i'i; LLM 11'�
GENF&AI. -YAPILITY -ACP ::CCURRENCE :1 000 000
A C':]MMERCIAL GENERAL LIABILITY 4 6 S B A B B 6 2 8 7 10/03/02 10/03/03 FIRE DAMAGE .AL. ..w L11 * 300, 000
CLAIMS MADE " 'ffOCCUR MED EXP .A,q , . put, 5 10! 000
X� 1 Business Liab � rt
PERSONAL S ADV LNJUA`i i1 000 1000
j •JENEILIL AGGREGATE S 2 , 000 , 0 0 0
CEN L AGGREGATE LIMIT APPLIES PER, PRODUCTS COMP OP ACG 5 2 000 000
PRO- X LOC
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AU?".�::i'.'?.E L[ABILITi' COMB;NU SINGLE LIMITAW. AUTO .Fn
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Those usual to the Insured' s Operations. City of Fort Worth is also named as
additional insured.
CERTIFICATE HOLDER X I Ar.DITIONAL rrSuRFD; INSURER LETTERi A CANCELLATION
SHCV:.L ANY OF THF. ABOVE ::E&-R.-IFF, .''FS RE .-AN,FL.
E:X11IRAT1-':N DATE TIKRF. F, .- . N %!; 4KK WI, :`N--12 t, 1. KA, 9
.1 DAYS WRTTTF,N NnTT.'F. l 1l MAYS R N'.'11-PAYMF,NT: r. .,. -`-AT
City of Fort Worth H�.L.GF.R NAMED T: THE I.FF B117 FA'" 'RE ^- ._ SHAT.: 'M' S`. N_
1000 Throckmorton St BL..;A'PI^N ON ABII '.TY 'iL ANY K N: :.iv TWF; 'NS'!R CH, " S A
?F.PRESFNTATIVES-
Ft. Worth, TX 76102
AUTHORIZED AEPA EE77TAT
ACORD 25-S (7/97) 0 ACORD CORPORATION 1988
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02 SOUTH CANOPY ELEVATION 03 NORTH CANOPY ELEVATION
rO'CONNOR ARCHITECTURE
THE PARKER BROWNE CO. BUILDING • • & INTERIOR DESIGN L L P
fcd w0fl.ft�7e,02
1212 East Lancaster Boulevardph(8)7)8770&911M(817)8774093
Fort Worth,Texas d"MOMDO e_,W
DATE: 1JOB NO: DRAWN BY: SHEET Na
6.23.03 102015.00 A02
City of Fort Worth, Texas
"Cagor And Council commu"ientio"
DATE REFERENCE NUMBER LOG NAME PAGE
8/7/03 **C-19686 06PARKERBROWN 1 of 2
SUBJECT ENCROACHMENT IN RIGHT-OF-WAY: AUTHORIZATION TO ENTER INTO A
CONSENT AGREEMENT WITH WARNER'S WAY ENTERPRISES, LLC AUTHORIZING
STEPS AT 1212 EAST LANCASTER AVENUE AND A LOADING DOCK AND CANOPY
ON POPLAR STREET
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement
with Warner's Way Enterprises, LLC authorizing use of the right-of-way for continuance of existing
steps at 1212 East Lancaster Avenue and a loading dock and canopy on Poplar Street.
DISCUSSION:
Sarah J. Adams, owner and president of Warner's Way Enterprises, LLC, has purchased the Parker
Browne Company building at 1212 East Lancaster Avenue. The owner has provided the following
comments:
"The Parker Browne Company building, located on the City's near east side, presents Fort Worth
with a cornerstone National Register historic rehabilitation project in a designated Neighborhood
Empowerment Zone. After successful rezoning efforts have culminated in MU-2 designation in
January of this year, the groundwork has been laid to facilitate the near east side's return to
commercial vitality."
The building will be used for light industry; more specifically, graphic finishing.
A remodeling project and related building permit requires City Council approval to continue
encroachments into the right-of-way. The encroachments are entryway steps on East Lancaster
Avenue and a loading dock and overhanging canopy on Poplar Street.
The Encroachment Committee reviewed the request and recommends approval, subject to the Traffic
Engineer's approval of final street and parking design.
The encroachments are in COUNCIL DISTRICT 8.
City of Fort Worth, Texas
"figor And Council Communication
DATE REFERENCE NUMBERLOG NAME TFA
8/7/03 **C-19686 06PARKERBROWN 2 of 2
SUBJECT ENCROACHMENT IN RIGHT-OF-WAY: AUTHORIZATION TO ENTER INTO A
CONSENT AGREEMENT WITH WARNER'S WAY ENTERPRISES, LLC AUTHORIZING
STEPS AT 1212 EAST LANCASTER AVENUE AND A LOADING DOCK AND CANOPY
ON POPLAR STREET
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
RR:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Originating Department Head:
APPROVED 8/7/03
Bob Riley 8901 (from)
Additional Information Contact:
Bob Riley 8901