Loading...
HomeMy WebLinkAboutContract 25917 CONITY RCT N. T5q I 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 �Xo_Q,+,L u5 Jav_L41ME�fT Go,Q po�f�T�oi� , acting herein by and through its duly authorized E,r�da�r�s/E Yice_- 1044"IV& yT A4 '06no72oor- hereinafter referred to as "Grantee" . W I T N E S S E T H 1 . For and in consideration of the payment by Grantee of the application charge set out below and the true and faithful per- formance 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 : AIze 5/�.�/- !_Z__✓�iLTy !�_Tv rEf���Ec rie.✓ Ent cf L ST/�E6T FL/9l T Y�� "Al �yEi¢//A.✓l, /,,yl� '�iKO/°ERT Y ,G/n/� vT ISID�' �T E7 The location and description of said encroachment is more particu- larly 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 therefor shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized represen- tative, but such approval shall not relieve Grantee of responsi- bility and liability for concept, design and computation in the 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" . 4 . Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any e 'ii " _: `r ' re 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 polit- ical subdivisions . In the event that any installation, reinstal- lation, 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 con- struction, 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 representa- tive. 5 . City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements neces- sary for the health, safety and welfare of the public or for any other public purpose. In this regard, City shall bear no respon- sibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reason- able 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 con- struction or maintenance of the 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 AnDP-ED FFry Dollars ($ 5 �- '� 10- �Si' 116U{n��47M S?7M 7 . The initial term of this agreement shall be thirty ( 30) years, commencing on the date this agreement is executed. 8 . Upon the termination of this agreement for any reason what- soever, 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 repre- sentative, and in accordance with then existing City specifica- tions . 9 . It is further understood and agreed 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 of the streets, alleys, sidewalks and other public rights-of-ways to be used for any other public purpose, including but not being ' li' ci USU underground, surface or overhead communication, drainage, sani- tary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically cancelled and 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, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, a dents, e'hs II fla ✓�II;;'1 Mr, � _ 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 connec- tion 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 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 connec- tion with any and all acts or omissions of Grantee, its officers, agents, servants, employees, contractors, subcontractors, licen- sees, invitees, or trespassers . �;�GU� � 81 ')ECOOQDD ��Z�u U� 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 cancelled 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 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 recxuirr1ed herein shall include coverage of all of Grantee's col �CJG?G ��� ,S�E1,Z EIIhU 16 . Grantee agrees to deposit with 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 so recorded, the original hereof shall be returned to the City Secretary of the City of Fort Worth, Texas . 17 . In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys ' fees . 18 . Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract with- out the prior written approval of City, and any attempted assign- ment without such prior written approval shall be void. 19 . This agreement shall be binding upon the parties hereto, their successors and assigns . EXECUTED this 5"t�v day of L . CITY OFFOR ORT , RANTORQQ�OACJ [J�� y s.op.�► .yf GRANTEE By '_ By Mike Groomer, asst. City Manager Y A S T: X.V#& _0 ✓.I� Jaz - City Sec etaryContract Authorization APPRO D-AS TO FORM AND LEGALITY: S✓A DO Wore �fifiI' City Atto ey�� �6•r�{u`u J'�uvr'7� Date: t- . 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 Puke Groomer 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 consider- ation 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 Not y Publicand for the State of i as SARAH JANE OME 1 y * NOTARY PUBLIC State of Texas comm. Exp.01-29-2CT aAW"ara'�F+ L© STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority , a Notary Public in and for the Stat of Texas , on this day personally appeared �aDTi/�. 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 consider- ation therein expressed, as the act and deed of and in the capacity therein stated. IVEN U DER MY HAND AND SEAL OF OFFICE this �_ day of MdMhft N ary Pub i in and for—) -" 1 LINDSAI DANIELS the State of Texas MY COMMIMIC 4 EXPIRES ��► Ocfobsr 10.2001 ' 51TE PLAN .................................... ........................................................................................... --Pole Sign TI -T Deep Magnolia Cafe FN.I.C. :3 r Historic La Cava a rz Building Historic Modern Drug Building C............................—nRM M MLINE....................... .. Pole Sign Hemphill Street Building Signti— _T_ �� z_ Scale: 1/32"=1'-0" Client Approval: Da_t_ej f—Approved for Construction: SOUTPH-WEST JOB NAME: Ft Worth National Bank MEMBER ALL ADEOLAATE PRIMARY WIRING AND NEON SIGNS iric. ADDRESS: 701.711 W.Magnolia CONTROLS TO SIGN WILL BE PROVIDED ff�w BYTHECUSTOMER CUSTOM DESIGNERS AND MANUFACTURERS CITY: Ft.Worth STATE., Texas SALESMAN: Matthew Wesol ki ARTIST.,Jerry Padle 03.2 'MCNA PEC-00 ED 1303 Jelmak Ave Toll Free 1-800-979-1527 (D2000 DATE: .0-00 D Grand Prairie Metro:972-953-0276 DWG#: 32000Al 'NTY �*,_NPNY Texas,75050 Metro Fax:972-953-0440 PAGE 1 OF San Antonio -Houston -Dallas-Austin I 2-4)' 15mm �-I 4-1/2" 6500 White Contour Neon Green Elements - r PTM PMS#554c Steel Angle Iron Background Ywa PTM PMS#554c PTM PMS#662c -- Green Elements PTM PMS#568c o Co oo Support Arms I I v are 9'-0' + Center to Center " 1 1 Tb N M � O I 2"x 2" 3/4^ Steel Angle lroi. I Support iti; —0'-1' Inset PTM PMS#662c PTM PMS#(.(I;'L Stripe T-$e ._ _ -Fare.Am AAowd Oe Eterior d Fa N 61ee Orrtar Amt Only. MANUFACTURE AND INSTALL• (2)TWO DOUBLE FACE FLAG MOUNTED 51NGLE POLE 51GN5 FACES: .125 Aluminum With Automotive Grade Paint-Background To Be Dark Blue Copy To Be White Vinyl With 15mm 6500 White 5/5 Neon Overlay Steel ai;?'}ori Inset Border to be White High Performance Vinyl &Foundation 15mm 6500 White Single Stroke Neon To Go Around Logo Perimeter by Customer Star shape on logo to be outlined in 15MM Clear Gold II neon PTM PMS#662e FILLER: Paint to match adjacent design elements. 15mm 6500 White Neon on outside offiller(As Shown) STEEL SUPPORT &FOUNDATION: To be provided by Customer(Painted PMS#662c by Southwest Neon) Scale ; kali— l�tl SOUTH�EST NEON SIGNS inic. CUSTOM DESIGNERS AND MANUFACTURERS SAN ANTONIO-HOUSTON-DALLAS-AUSTIN JCB NAME: Ft Worth National Bank aaOEa ALLAoaa TE PRKV"wlRato AND ADDRESS: 707-711 W.Me0nolla eoALESMAN:rlraola 7o tWM rliu.rRWD[wskiO er 111-7 CYaIi,Y[11 CnY: Ft Worth STATE: Texae awoeoa�"o. SMathew Wesob ARTIST.Arty PaObr 1303 JELMAK AVE TOLL FREER-800-979-1527 ®2000 DATE.2-5-00 RAID _ 6PIfAIE METR0,872-953-0276 Dwctt 201801AI TET719,75= NM FAL 472-904" `•""•• b" PAGE 1 OF �u I'tir�r Cl f I�...•Uu�W� � �.11K �L�7/ila 1 Background Blue PTM PMS#662c Green Elements PTM PMS#554c Steel Angle Iron Guy Wires PTM PMS#554c Tied Back to \ Green Elements Building II PTM PMS#568c ♦ � I 'n o • _ to o NOTICE:To Avoid Stone °sc� °Rr� ,� �• �" Work On Building, Support Arms Are 84' M Center to Center.Bottom y y, v Support Is Flush With 1 voxwLs Bottom 0/Sign Cabinetao �—-----I — - k k CV n 2"x 2"Steel 1 • A F-- - - - — — - Support Arm PTM PMS#662c X7/8"Stripe 5/8'Inset 6'-4' • :' F-t,—MNbeed 0.EA-I rd Fa BIm airs arcs Amp any. V MANUFACTURE AND INSTALL: (1)ONE DOUBLE FACE FLAG MOUNTED BUILDING 51GN FACES: .125 Aluminum With Automotive Grade Paint-Background To Be Dario Blue Copy To Ba White Vinyl With 15mm 6500 White 5/5 Neon Overiay Inset Border to be White High Performance Virpd 15mm 6500 White 5ingle Stroke Neon To Go Around Logo Perimeter D Star shape on logo to be outlined in 15MM Clear Gold 11 neon FILLER: Paint to match adjacent dasign elements 15mm 6.500 White Neon on outsido of filler(As Shown IINSTALLED ON THE NORTHEAST CORNER OF THE BUILDING AT A 45 DEGREE ANGLE , �1 N TO THE CENTER OF THE ADJACENT 1NTER5ECr10N 3 � 3 G M _ SOUTHW ST inimum of 14' togrxde EVE NEON SIGNS inrc. CUSTOM DESIGNERS AND MANUFACTURERS SAN ANTONIO-HOUSTON-DALLAS-AUSTIN JOB NAAE: Ft VYbtth National Bank eenlsEt ALLADROMTE PRINAR►Na11aIG AND ADDRESS: 701771 W.IAaproBa Coy M to taMtMLLN PaOYmLD ry TM gpTptR CRY: Ft Worth STATE: Teas SALESMAN:Matthewaki ARTIST.Jerry PtllarNr 1303JELMf,KAVE TOLL fREE 1-800-979-1527 02000 DATE 2-5411 GRAND PRIIW dEfiM WZ4 kJ-Ww �e•,q•°�,�••"••'•' � � Tfl(AS,7k930 IETaOFNi lTl-951-0110 "••"'•�"•`•'�••"•• Dapcm:ataotAt �• ���� PAGE 3 OF U �hldnlUS M�C�►�IU Ip��� U a ACORD T. CERTIFICATE OF LIABILITY INSURANCE 04/03/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Enterprise Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2711 N. Haskell ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800, Lock Box 8 INSURERS AFFORDING COVERAGE Dallas, TX 75204 INSURED INSURER A: American_ Employers Insurance Company Daedalus Development Corp. INSURER B: Larimar Development L.P. INSURER C: 709C West Magnolia Ave INSURER D: Ft. Wor h TX 76104 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM DD Y DAT MM A GENERAL LIABILITY ADR650329 02/07/2000 02/07/2001 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) s 100, 000 CLAIMS MADE �OCCUR MED EXP(Any one person) S 5, 000 PERSONAL&ADV INJURY s 1,000, 000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000, 000 X POLICY JEC PROT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 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 $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR EICLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY OC STATULIMITS R - IO EMPLOYERS'LIABILITY EER E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Fort Worth is an additional insured a/t/i/m/a on a sign attac to bank building located Hemphill/Magnolia and owned by Daedalus 2�rJ�) �B -3 Development Corp. �J U �Cll`Vf PD1 M RD Y CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: C A N Ct L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 Throckmorton REPRESENTATIVES. [AUTHORIZED REPRESENTATI Fort Worth, TX 76102 ACORD 25-S (7/97) CA Lic. No. OB727 6 0 ®ACORD PORATION 1988 City of Fort Worth, Texas OVayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **PZ-2194 I 06MAG 1 of 1 SUBJECT AUTHORIZE ENCROACHMENT IN RIGHT-OF-WAY SIGN AT INTERSECTION OF MAGNOLIA AVENUE AND HEMPHILL STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager, or his designee, to enter into a standard consent agreement with Daedalus Development Corporation, Inc. authorizing use of the right- of-way for the installation of a sign extending over the sidewalk. DISCUSSION: Mr. Ray Boothe, Executive Vice-President of Daedalus Development Corporation, Inc., has requested permission to install a sign on the building known as the Historic Modem Drug Building. The building will house the newly-chartered Fort Worth National Bank. Although two additional signs will be installed within the confines of the property, only this sign requires City Council approval as an encroachment within the right-of-way according to the Building Code. The Encroachment Committee has reviewed the application and recommends approval. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) �APPROVFD Mike Groomer 6140 COUNCIL Originating Department Head: MAY 30 2000 Bob Riley 8901 (from) Additional Information Contact: Cita Secretary of the city of Fort worth.Texais Jim Miller 8176