HomeMy WebLinkAboutContract 31204 CITY SECRETARY
CONSENT AGREEMENT CONTRACT NU.
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
acting herein by and through its duly authorized
An-,
hereinafter referred to as "Grantee", Owner of the property located at
62,( A S�W S�("Prope rty") on behalf of SUZ- lt�)( 0 0
ar
hereinafter referred
two as "Business", located at
Z C�roGt Sit SY.
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")
01 -20-05P12 : 021 Rcvrn 1
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:
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
3
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
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 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 day of , 20
CITY OF FORT WORTH, GRA TOR GRANTEE
By: By:
DALE FISSELER, -°'�,;;G -ASST CITY MANAGER
ATTEST: APPROVED AS TO FORM AND LEGALITY
City Secretary City Attorney
I
:act Author2CICIO)a
J=d
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 f"I day of
1 a 20 �S
r
HETTIE LANE tary Public in and for the
MY COMMISSION EXPIRES State of Texas
FECe( July 26,2007
11
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a�Notary Public in and for th
State of Texas, on this day personally appeared Com[ ►'! S (�LP1 �C �Z
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
�G �2 C51�WrIS6 and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20_Q_Y.
°SAY pp '' BONNIE l..BARNA Notary Public in and for the
'�- State of Texas
dry Pub lc,state of Texas
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12
THROCKMORTON
I � PARKING
_ = LOT
EXISTING SIGN HOUSTON
621
,
611 ,
MAIN
NEW SIGN
ABOVE UPSTAIRS
ENTRANCE
y
8'
F 4'x8'x16" RADIUS CABINET
4' ILLUMINATED W/ NEON
WHITE/BLK LEXAN FACE
W/ FLASHING NEON KEYS
BEHIND LEXAN
III
8'X 2X2,
• BRUSHED SILVER FACES
W/ COLORED COPY ON
(X3) SIDES W/ BLUE, RED
i 8, AND WHITE OUTLINE NEON
C
i 5'X10'X16" RADIUS CABINET
COLORED COPY W/ OUTLINE
5' 1 WHITE NEON. BOTTOM OF
CABINET TO HAVE 7WATT BULBS
ON A SINULATOR.
■ 13"
I
10'
DESI6N INTENT IS SOLE PROPERTY OF ALPHASI6N CENTRE. REPRODUCTION lS PROHIBITED.
NOTE: ALL ELECTRICAL SIGNAGE TO NAVE A DEDICATED PRIMARY CIRCUIT PER SPECIFICATIONS
OF SIGN VENDOR, ALL PRIMARY CIRCUIT TO BE PROVIDED BY OTHERS,
Th
AlphaSIGN CENTRE
APPROVED BY DATE mpmT m,
Cuslcm &Onage - Spe6ally Aieon
2152 W Northwest Hwy 072-438-74VDATE DRAWN BY Q�Texas 75220 FAX 972-259-2135
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Fro�l:Chema Montoya At:Nieman Hanks Puryear Division of Frost Ins.Agency FaxID: To: Kevin Bagstad Date:04/30/2004 02:05 PM Page:2 of 2
AC ORD CERTIFICATE OF LIABILITY INSURANCE SCHn-4 OP IDA DATE(MMIDOlYYM
04/30/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Nieman Hanks Puryear ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Division of Frost Insurance Ag HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
401 Congress Ave. Ste 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Austin TX 78701
Phone: 512-473-4520 Fax:512-473-4555 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A. A—riean Lrpiz• Suzplu■ Lia.■
INSURER B.
Schultz Enterprises LLC INSURER C:
407 E. 6th Street Suite 200 INSURER D:
Austin TX 78701
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.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/OO DATE(MM)DOLIMITS
GENERAL LIABILITY EACH OCCURRENCE $1000000
AX COMMERCIALGENERALLIABIU Y 4GL89925 02/07/04 02/07/05 PREMISES(Eaoccureme) $100000
CLAMS MADE OCCUR MED EXny P(Aone person) 15000
PERSONAL&ADV INJURY $1000000
GENERAL AGGREGATE 12000O00-
GEM.AGGREGATE LIMIT APPLES PER: PRODUCTS-COMP/OP AGG s2000000
POLICY JPERL;T LOC
AUTOMOBILE LIABILITY
COMBNEO SINGLE LMR f
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) S
HIRED AUTOS BODILY NJUAY
NON-OVYNED ALTOS (Per accident) S
PROPERTY DAMAGE f
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTOONLY AGG S
FXCESSIUMBRELLA LIABILITY EACHOCCURRENCE S
OCC:I IR 71 CI AIMS MADF AGCRFGATF f
f
DEDUCTIBLE f
RETENTION S f
wORXERS COMF NSATIONAND TUe LNITS CR
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT f
ANY PROPRIETORIPARTNERIEXECUTNE
OFFIC %%1EMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S
I Yes.desaibe under
SPECIAL PROVISIONS below EL.DISEASE-POLIC/LIMIT I S
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Building or Premises - Lessors Risk Only - Maintained by
Insured
CERTIFICATE HOLDER CANCELLATION
CITYFrW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
City of Fort Worth NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Department of Development IMPOSE NO OBLIGATION OR L"ILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Attention: James F. Miller
1000 Throckmorton REPRESENTATIVES.
Fort Worth TX 76102 AU7}0 REPRESENTAAed.00 OL
ACORD 25(2001!08) ��C`�, �ORARR�i�988
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/31/2004
DATE: Tuesday, August 31, 2004
LOG NAME: 06PETE S BAR REFERENCE NO.: **C-20239
SUBJECT:
Consent Agreement for Signs with Schultz Enterprises II, LLC Authorizing Use of the Right-of-Way
for a Sign at 621 Houston Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement with
Schultz Enterprises 11, LLC authorizing use of the right-of-way for installation of a sign at 621 Houston
Street.
DISCUSSION:
Remodeling of a portion of 611 Houston Street is currently underway. A new business will be located on
the second floor and will be known as Pete's Dueling Piano Bar. A new sign is to be located above the new
business entrance at 621 Houston Street. Mr. Christopher Schultz, President of Schultz Enterprises II, LLC
and owner of the building, is requesting use of the right-of-way for installation of the new sign.
The Encroachment Committee has reviewed this request and recommends approval.
The Downtown Design Review Board approved the sign on August 12, 2004 and the case number is DG-
04-027.
The sign will be located is 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: Bob Riley (8901)
T.n¢nnmP• 06PFTF Q RAR Pan,. 1 . F