HomeMy WebLinkAboutContract 34068 t
SECRETARY
CONSENT AGREEMENT
FOR SIGNS
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 JD1 U�
acting herein by and through its duly authorized UM _
OQ 1-K I M ft ffichE
hereinafter referred to as "Grantee", Owner of the property located at
5 -%M ff Oil ("Property") on behalf of_ C WSL
hereinafter referred to as "Business", located at
WITNESSETH.-
1.
: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 any
supporting structure (both hereinafter referred to as "Sign") that encroaches
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:
The location and description of said Sign 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
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
1Dollars ( 5-35- ODD.
It,
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 0 0 Rt 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
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
4
by Grantee that if this Agreement terminates because the Business ceases to
operate and Grantee fails to remove the Sign, Owner hereby gives City
permission to remove the Sign and any supporting structures and assess a lien
on the Property for the costs expended by the City to remove such Sign.
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 Sign, 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.
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 SIGN 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 day of , 201*.
10
CITY OFF RT W03ZTH, GR NTOR ISA TEE
By: By:
Dale Fisseler,Asst City Mgr
ATTEST: APPROVED A FORM AND LEGALITY
A
Z ,u
,yy .£ity uetary 5si5 � City Attorney
Contract Authorizatiolt
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 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 irr� day of
2010(.
MARIA S.SANCHEZ Not ry Public in and for the
C'
NOTARY PUBLIC State of Texas
* STATE OF TEXAS
My Comm.Exp.12-14-2009
11
4
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 I l7o Landmjy) ,
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
I and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20 �.
Notar Publi n and for the
State o Tex
GEORGIA L SMILEY
KI
COMMISSIpN EXPIREShM8lCr~I 12,2010
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Client#: 149674 TOWERRES
ACORD- CERTIFICATE OF LIABILITY INSURANCE o�,;110°"YW'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NIA/UTA Group,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
344 W.Main Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Milford,CT 06460
203 876-6100 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Commercial Insurance Compa 36137
The Tower Residential 1 Condominium Asso INSURER B:
The Tower Residentialll Condominium Asso INSURER C:
420 Throckmorton Suite 820 INSURERD:
Ft.Worth,TX 76012
INSURER E:
COVERAGES
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.
POLICY EFFEC E POLICY EXPIRATION
LTR NSK TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE MID LIMITS
A GENERAL LIABILITY Y6303635A307TLC06 03/15/06 03/15107 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 000
PREMISES Ea unence
CLAIMS MADE ❑OCCUR MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1.000.000
GENERAL AGGREGATE $2,000,000
GEN1-AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000
POLICY P�7 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea int) $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTOONLY: AGG $
EXCESSIUMBREL.LA LIABILITY EACH OCCURRENCE $
OCCUR FICLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
TH-
WORKERS COMPENSATION AND WC IRYSTATU-I 0ER
EMPLOYERS'LIABILITY E.L EACH ACCIDENT $
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $
If yes describe under
SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
•`Supplemental Name'«
TLC Green Property Associates 1,L.P.
The Tower Residential I Condominium Association,Inc.
The Tower Residential 11 Condominium Association,lnc.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Forth worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _1 fl DAYS WRITTEN
1000 Throckmorton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Fort worth,TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REP NTATNE
SA
ACORD 25(2001108)1 of 3 #465747 TMZS 0 ACORD CORPORATION 1988
Y
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(2001108) 2 of 3 #465747
DESCRIPTIONS (Continued from Page 1)
Evidence of Insurance as pertains to encroachment permitting
for Chase#515117 at parking garage at 500 Taylor Street.
AMS 25.3(2001108) 3 of 3 #465747
`
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/12/2006
DATE: Tuesday, September 12, 2006
LOG NAME: 06CHASE REFERENCE NO.: **C-21666
SUBJECT:
Authorization to Enter into a Consent Agreement for Signs with TLC Green Property Associate 1,
L.P., Authorizing Use of the Right-of-Way for Signs over East Fourth Street at 500 Taylor Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement for
signs with TLC Green Property Associate 1, L.P., authorizing use of the right-of-way for signs over East
Fourth Street at 500 Taylor Street.
DISCUSSION:
J. P. Morgan Chase Bank has merged with Bank One Corporation. The merger necessitates changes
within the new company; among those of which is the Bank One signs and replacing them with new
"CHASE" bank signs. The location at 500 Taylor Street has a bridge with a Bank One sign extending over
East Fourth Street. It needs to be replaced with a Chase Bank sign. Because the sign encroaches over
the public right of way, Council approval is required.
The Encroachment Committee has reviewed this request and recommends approval.
The Downtown Design Review Board has approved this request on February 9, 2006 with a case number of
DG06-07.
The sign will be 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: Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Susan Alanis (8180)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/4/2006