HomeMy WebLinkAboutContract 30242 07-21 -04A00 : 11 �vn
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CITY SECRETARY {'
CONSENT AGREEMENT CONTRACT NO.
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 Sundance West Partners, L.P.
I
acting herein by and through its duly authorized It's General Partner, Fine Line
Diversified Realty, Inc. Vice President, William V. Boecker
hereinafter referred to as "Grantee", Owner of the property located at
410 Houston ("Property' ) on behalf of Leddy' s Ranch
hereinafter referred to as "Business", located at
410 Houston, Fort Worth TX 76102
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 an
,`2,p
supporting structure (both hereinafter referred to as "Sign") that encroact" ff
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.-
Addition
ollows:Addition of a sign on the corner of the Sanger Loft Building
of Fourth Street and Main.
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.
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
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
no
Four Hundred and Eighty Five
-T-OD- Dollars ( 485.00 �
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 410 Houston, Fort worth Tx 76102 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 represe e, and in
accordance with then existing City specifications. It is understood and agreed ,
-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 convev to Grantee anv right to use or oc hyrl �r �c,�l;;C
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.
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. 1-7 i
EXECUTED thisc�day of 20
L Fine Line Diversified RealtInc.
CITY T �� ANTOR yG ANT
EE
By:
By:
.Reid Redd, Asst. City Manager William V. Bo c er, ice resident
ATTEST: APPROVED S TO FORM AND LEGALITY
xj ` 12 -ems
at-t City Secretary5f,- City Attorney
Contract Authori atioa
Date
J-5. JISh� �!u
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authorit blic in and for the
State of Texas, on this day personally appeare a N ary P, 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-%AJ4 .
Notary Public in and for the
State of Texas
EE_
KARE�� EDWARDS-FISHERNotary Public,State of Texas
My Commission Expires<';
May 07 2008
if 14 G,
STATE OF TEXAS
COUNTY OF TARRAN T §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared William V. Boecker
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
Fine Line Diversified Realty, Inc. and in the capacity therein
stated.
GIVEN 'N ER MY AND ,AND SEAL OF OFFICE this day of
20 '0 (/3. -►
Notar u c in and for the
��` •,��.��nY ,-?cS����''= State of TVxas
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O'CONNOR ARCHITECTURE
M.L. LEDDY'S Ak & INTERIOR DESIGN LLP
SUNDANCE RANCH �+` ` $rA 7'6-10-2
S410 Houston Street �JAI n.»�°,b.p,n8».
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Fort Worth, Texas DATE: —_ .108 No: DRAWN BY: SHEET No: 1
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ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID ° ""
DATE"IINDO"
LEDDY-2 12/12/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Brants Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth TX 76102-2505
Phone:817-336-3030 Fax:817-336-8257 INSURERS AFFORDING COVERAGE NAIC 4
- IHSURF?A. CNA Insurance CG1Tpanie6
Leddv's Ranch at Sundance
Mr. Rake Morrison (NSRozc: — -- -
410 Houston Street
Fort Worth TX 76102 — ---
COVERAGES
THF P0-IC ES OF IL5UR4ACE USM-1 Et1C N HAVC BEEN-&;k M TO TAF IIA4 fiFR ANMFO AW)VE FOR THE POLICY PERIOD INDICATED.NO Wr-I-f Ti..t0W,
ANY FKC7UN+W—NT,-FFM OP C.j6nTM Or ANY CONTRACT OR OTHIER OOCUACNr W Ti RESPECT TO WHCH'ILI S CM1.FICAT=AA4Y BF IFSiF_()OR
Kd4Y PERIAN,I FE I.VFIRA 0.F AF=O:OED BY.W PO_ICIES DESCRIULU-tM'4 IS%LIJL ['110 ALL r1f TtAMS.9c:1u51:>nIS AND CCNDRIOVS OF SUCH
PJ_CIES AGCRFRAT_L UMTS 3IOM'MY HAVF RCQ,WLLAjar.RY PAIiI r A'ME
CIEW
LTR SR TYPE OF MURANCE POLICY NIUMBER - DATE M0"0DATE(MMII Off LIMITS
GENERAL LIABILITY =MrH OCU"HRLMX $1,000,000
A X X CLIM :WLOE+EFALLIABILITI 2072139676 11/11/03 11/11/04 ?REMISES(E<occrmu) ;.3.00,000
CI AIAl4 M,vTC �OCCU^3 MLD LXN(ASV am r---m) $5,000 ~_
rEMSOIWLaAr-v•N.LIRY $1,000,000
Gzr E 'AOGHLMIE s2,000,000
GE,vi e.0r, -CrA.TEuMrr*41-IESPFR i PRM rR-cowr-PAcx, s2,000,000
POLICY PRO- LOC
AUTOMOBILE LIABILITY .
(I DSIOZ-ELimr 81,000,000
A XANYAJIU 2072139676 ` 11/11/03 11/11/04
ALL OWAED A'UITJ* i BOU'lY NJUr�
SCHm A ED AJ10r (P°Pu-n)dS
X HIRED N 1TOF
X NOS GWW-DAI.TDe (H°-°c'drC
•_. ._ - PHOHar.Y PAMAGF
(F'.c nacl�Urq
GARAGE LIABILITY AUFO ONE Y-EA ACCIDE\T $
ANY AL00 07HER TI Irt" EA AnCC i
ALF0 ON Y: AGG T
EMCESSNMBRlLLA LIABR ITY EAQ-OCCUNH=MX S
O'-w v<AIMSNAox AGrAcCATE S~
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h1--:LN.-0N i S
WORKERS Cori ENSATION AND ' T<)ar I IMIT.T: CR
S
EMPLOYERLNBLITY _ .._.
ANY NR'JPRI.=TOILPARTNI3WE%tWl'IVE E_EACH AC}:ICFNI _. i.-_.
D,-KMR&FMI*QFACLUDCLr EL.UIS6VE-FA FMiI OIFC $
I•`yMS,lawribeL ue •. .
SN-CIAL PR.4W&IONS bulm E._OIMAUE-NULICY LIME- I
OTHER
DESCRIPTION OF OPERATI"I LOCATIONS!VEHICLES r EXCLUSIONS ADDED BY EMORSBIENfr r SPECIAL PROVISIONS
Complete Certificate Name:Suadance West Partners LLP, Sunelance Square
Management Company Co A Bass Enterprises Production Company, Sundance Square
Partners LP
Certificate holder is named as additional insured of the general liability
coverage and automobile coverage.
CERTIFICATE HOLDER CANCELLATION
BTRT)mc 3HOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUNG INSURER WILL ENDEAVORTO MAL 30 DAYS WRITTEN
Sundance West Partners LLP; NO CI:TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL
Attn: LeasiAg IMPOSE NO OBLIGATION OR LIABILITY OF ANY MND UPON THE NSURM ITB AGENTS OR
420 Throckmorton, Ste 950
Fort Worth TX 76102 REPRESENTATIVES.
AUTHORIZE RE89VTATIVE
ACORD 25(2001108) 004
CORD CORPORATION 1988
pY
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/23/2004
DATE: Tuesday, March 23, 2004
LOG NAME: 06ROTATE SIGN REFERENCE NO.: **C-19998
SUBJECT:
Encroachment in Right-of-Way: Consent Agreement with Sundance West Partners, L.P.,
Authorizing use of the Right-of-Way for Installation of a Rotating Sign and Facade Sign at 410
Houston Street for Leddy's Ranch.
RECOMMENDATION:
It is recommended that the City Council authorize use of the right-of-way for installation of a rotating sign,
and facade sign on the Sanger Loft Building at 410 Houston Street.
DISCUSSION:
Sundance West Partners, L.P., is requesting use of the right-of-way for installation of an illuminated,
facade sign affixed to the building addressed as 410 Houston Street. The top portion of the sign will
rotate, and is a fascimile of a cowboy on a bucking bronc . The Partnership's client, Leddy's Ranch, is
putting in a new retail establishment on the comer of Houston and Fourth in the Sanger Loft Building. The
purpose of the sign is to add visibility, and attract business to the new establishment. The sign will
encroach into the right-of-way approximately seven feet, and the bottom of the sign will be approximately
twenty feet above the sidewalk.
The Downtown Design Review Board approved the sign on December 11, 2003.
The Board of Adjustments approved the sign on January 7, 2004.
The Construction Board approved the sign on February 12, 2004.
The Encroachment Committee reviewed the request and has no objection.
The proposed 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: Reid Rector(6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
it ji L.
Logname: 06ROTATE SIGN e 1 of 1