Loading...
HomeMy WebLinkAboutContract 29697STATE OF TEXAS COUNTY OF TARRANT CONSENT AGREEMENT FOR SIGNS AND AWNINGS ti � � �I� Y �E�REiA��, �.aNTRACT f� � ��..� 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 James D Finley CompanV acting herein by and through its duly authorized Owner hereinafter referred to as "Grantee", Owner of the property located at 1000 Macon Street ("Property") on behalf of James D. Finle Com an hereinafter referred to as "Business", located at 1000 Macon Street WITNESSETH: 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") ,, . � �t'?j��_'' 1 ���^':,,0�1 �. _ v �J ��V 1 � j�� � 4 c;� C��. :p�,���% �' �t. -c:� C�':1�11 � . . y . . _ !: l i'1 � �1 �G�� � 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: Install simulated stone entrance canopv at and above sidewalk on Texas Street. Install metal canopv aluminum siqn and aluminum cornice above sidewalk on Texas Street. 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. � 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. �— _ _ _ - -_- �, � �, r, _ � - ,_ G _r;�,_._.� '.���`=�,�;� �: "_.,� . � ' �� „� : ��-: �� � �� �: � �'°�:?:' ��, _ . � ,; �^ i V: �!' � , � ��� 2 .. _ .. .e K� 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". � 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, Grahtee ������� �, ._ �� ,,_�__ , iiv,l�l�`li ,1C'�'1�._ . _1.. �6 .';ij� � � .. :; . _ '.� 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. Q 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 Four Hundred eiqhty-five- 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 1000 Macon St. . If this Business ceases to operate, Grantee acknowledges and agrees to comply with Section 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 4 duly authorized � �;� �� .� .. _' r` r: S'����`. i:'t� � �: .. �. l f �j `� �! ) „r. � � -_ _- -___ 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. �l 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. �, ,� - �; ������.,].;�1 � ^,�,� '1._ _ _ r.J v���'.:,�- - _� ;. � .��'.... "-_r:. ?� . ". - �_ 5 - - � 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, � 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. � , r � ��,<� :. _ � �„ ,�. � �. v, �I �V J �, ' „ r .. . . � li : t: ';1, ��i :'.�� c .. . , . � �' `�1 : o 7 - 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 Bodily injury, per person $100, 000 $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. g 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. : 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. � THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHA�L SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. � % i EXECUTED this �' �` day of CITY OF FORT WORTH, GRANTOR � �: By: , , . Reid Rector, Asst. City Manager ATTEST: � (�7M — �Srf'b City Secretary �? -I �i' � �11 Gor.trac� �u�k�o����tion � '�—I al/LJ _ -. - Date `J�i/LI.t� � c 20" � r . �,' E-L=,,�, . GI�A�E APPROVED AS TO FORM RND LEGALITY � , � . ._ � y5 ity Attorney � , ��:---= _ _ `� ��� i r:�' ��,n^ �, � t I� o , � r„ .: rrJv)�.;!5 �S�'�����; �: � �. ,., � �, ;;l�l'� ���1°?���';_1.. J�o�`��(^l.��j?lf �`� '�✓ 1 C . _ = --�= - _-i 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this ��f'��' day of C�C- , 20 d 4` . r.�..... ROSELLA BARNES ' ' , `' r p,FY /'(j'ti / r�'�_.......ke.° %/��!�c;C-C� /.J Cl�'2.-i.-.a-'—�`' �_�' °': NOTARY PUBLIC � �,�f�` State of 7exas Notary Public in and for the ';',F��' Comm. Exp. 03-31-2005 State of Texas / ,_, . , �, - - � ������J�� � � �- �., �. �,, �,, �:� `:;,_�.� !,r . !.� ?,��, ' .._ �=.t.� i?S? , �., 'r l�: . , � :,�:� ll 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 � , 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 ,Q. �� , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this��� day of , 20�. ��- �� .� ==y R �� ��t: , ,,,, ����!+�� � lRY:uB ��'i , 5tate of Texas� ,o. ., , u bliC .r� ,. I'•tQir](`i li �p(1�1f@S - �{ ��1v � ;t�t�rnlss 2005 ;vr•�;��;.t:� . �,�ber 09� � .,,4; 1E`, . ^��.,,�-�..� � �i� f OF,1�.• _ .... �-_:`- .`�� ;_: _ �- _.---. - _ _ 12 � � �� Notary Public in and for t State of Texas EXISTING DOWNSPOUT PROPERTY LINE e VACANT EXISIING BUILDING FLORENCE STREEf ��1..,;(� ; fi "�t �, �, � �, s�- G ideonToal Archftccture . Engtneering. Planning �rtterlors. Landscape kecture 1000 MACON STREET ��nn ninnrr — 4 � � � � 1��� S��N � ` , ! € � ! � 3' � 6" 4�ORI�ICE C � � I � l � � � W Z � � �� ! � � EX�TING�KING� o � �I _ _PROPER LINE� �� , o , MACON STREET 1'-6" MAX. EXISTING DOWNSPOUT PROPOSffl SIMULATED STONE CANOPY /--- PROPOSED ALUMINUM CORNICE AT PARAPET ABOVE —2" CANOPY � PROPOSED METAL CANOPY W � � � � � W � SITE PLAN 0 30' 60' 90' . . _ _ _ _-.------- • ;, , .., - . �'���'�' ' ' = -,_ `� '�.' _ -�' ''�: �'' ..__ 1,�, .,-, �'.i�; - , ; '�i RENOVATIONS to TEXAS BUILDING� JOB NQ,: -�;0�,123. 0 PAGE .NO: 1000 Ir1ACON STREET . DATE `' � d��-11 03 ��.� F6� �W0�1, ��iAS DRAWN BY DEB . FACE AND LINE 0 )MINUM PLATE ALUMINUM ROD OR CABLE ,,.,, ..,. .,., ...CE, ANCHOR�TO IXISTING PARAPET P LAN AT . PROPOSED C4RNICE 0 8' 16' 32' • • •. - ► ��G� �..� ��---�-� `�; � � , � . � S�- Gideo Toa Architecture. E�gineering.Pianning rtteriors. Lan pe Arcfiitecture �� , RENOVATIONS to TD(AS BUILDING JOB N0: 03123:00 � PAGE N0. 1000: MACON STREET , DATE 06-06-24 ���,2 FORT WQaTN. TEXAS nRAWN RY (1FR e W U zno � z i-- 00 � �m= _ z`n¢C., � i _� J � J � �w3� O��z . n- a. W F' � U N dO�Q� W � O�� (/� '— J' J �W3 ��o N�U .. � �-0- l�d �>-� �OO �Um � � � O d N ' Z O � C� Z H � w �— � z c" o • - � � �m z � . �_ J � J J 0�3 . . o � � '� � WZ-,L o°'�`' � �o�. � � � � �- _�.� �.��,�f . � � J� Gi eon oal Architetturc . Engineering . Plannl�g . irttericrs. Landscape Archftecture 0 �a o� ¢m U= N Q I �`r� o•w 3 o�� o�W V �OO�Q t_ H Z --0- � � w � O � z ca �z �� w� z � w � 0 � � O 0 0 � z � � z 0 � � � W,, � � W N • � RENOVATIONS to TD(AS BUILDING �oB No. 03123.00 1000 MACON STREET ' DATE � 09-11-03 � FOI�T WORTH, TE)(AS DRAWN BY DEB PAGE N0. EN1.3 � � �.� � �'� ',�'' p � � ��- C�ideon oal Architecture . Engineering . Planntng . rtter ors..Landscape Ar Itecture � FACE OF WALL ALUMINU�A SIGN 1 "� GALV. BAR 26 GA. GAIV. "C" PANEL GALV. 8x 11.5 . CHANNEL FlNISH FLOOR' UNE , EXISTING SIDEWALK SIDE ELEVATIDN CANOPYAND SIGN � �8' 16' 32' RENOVATIONS to TEXAS BUILDING JOB N0. 03123.00 . PAGE N0. 1000 MACON STREE7' DATE � 09-11-03 � E(�j �;e} FORT WORTH_ TD(AS npnw�i Rv. � nro y�� 1'-6" MAX. 1 '� (VARIES WfTH CURVE) FACE OF WALL � > SIMULATED STONE FINISH FLOOR� LINE IXISTING SIDEWALK ,� SIDE ELEVATION SIMULATED STONE CANOPY 0 8' 16' 32' . . . � . ����;�- ��� �� � � Gideon oal Arcfiftecture . Englneering. Planning . Interfori..landscape h ature RENOVATiONS to TEXAS BUILDING 1000 MAGON STREET F�RI �IQRlrls IG�7 JOB N0. 03123.00 PAGE NO.. DATE 09-11-03 � j ,�j �RAWN BY DFB � SAGIFAX 10 Ot 103 12:45PM HIGGINBf�tk►.AFa Fl�l9$8C. INC. ('iIVLCG PAGE 1 ACORDn CERTIFICATE f�F LIABILITY INSURANCE io�oi�o3 °�"' � PRoouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION COMMERCIAL LINES ONLY AND CdNFERS NO RIGHTS UPON THE CERTIFICATE HQLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND QR Higginbotham & Assoc,, Inc. ALTER THE COVERAGE AFF�RDED BY THE PaLICIES BELOW. P O Box 908 Fori Worih, TX 76101 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: �18 CI18fl8P OBIC FIfB It15Uf8f1C8 CO Travelers Finley Real Estate Holdings, LP INSURER B: 1308 Lake Sireei INSURER C: Ft. Worth, TX 76102 — INSURER D: INSURER E: C�VERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURm NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR4CT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POIICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lTR NSR iYPEOFINSURANCE POUCYNl1M6EF POLICYEFFECTIVE POLICYEXPIRATION DATE MM DD DATE MM OD I_IMITS /� GENERALLfA61LIlY IGSOSJZM±rJ$OCOFO3 ��J��2/�3 a$/�2/�4 EAGHOCCl1RRENCE $� �QQ��Q X COMMERCIALGE�lERALLIABIIii DAMAGETOFENTED g3OQOOO PREMISES Eaoccurrence CIAIMS MADE� OCCUR � MED EXP(Anyoneperscn) $rj �QD PERSONAL &ADV INJUFY S'I OOO OOO GENERALAGGREGATE: $ZQOOOQQ GEN'L AGGREGATE LIMITAPPLIES PE : PRODUCTS - COMPJOF AG $2 OOO OOO POLICY PRO- LOC J ECT AUTOMOBtLE LIABILI7Y COMBINED SINGLE UAAIT ANYAUTO (Eaaccident) $ ALL OWNED AUTOS BODI LY INJURY SCHEDULEDAUTOS (Perperson) $ HIFED AUTOS BODILYINJURY NON-OWNEDAUTOS (Peraccidenl) $ PROPER7YDAMAGE $ . (Peraccident) . GARAGELIA61LITf AUTOONLY-EAACGIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTOONLY: pGG $ EXCESS/UMBRELLALIABILITY EACHOCCURRENCE 8 OCGUR � CIAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ FIETENTION $ $ WCSTATU- OTH- WORKERSCOMPENSATIONAND TOPYLIMITS ER EMPIOYERS' LIABILITY ANYPROPRIETOFi/PARTNER/EXECUTIVE E.L.EACNACCIDENT $ OFFIGER/MEMBER EXCLUDED? EL. DISEASE- EA EMfLOY E£ If yes, describe under SPECIALPROVISIONSbeiow ELDISEASE-POLICYIIMt S OTHER DESCRIPTION OF OPERATIONS / IOCATIONS (VENICLES / EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAI PROVISIONS Re: 1000 Macon Sireei Giiy of Fort Worth 100Q Throckmorton St. Fort Worth, TX 76102 CANCELLATION SNOUID ANYOF THEABOVE DESCRIBED POLICIES BE CANGELLED BEFORETHE EXPIRA' DATETHEREOF,THEISSUINGINSURERWILIENDEAY0RT0lAAIL10 DAYSWRITTEN NOTICETO THE CERTIFICATE HOLDER NAMEDTOTHE LEFT, E3UT FAILURETO DO SO SHAL I MPOS E NO O B LIGATION OR LIABILIN OF ANYKIN D UPON TH E INSUR EFi, ITS AG ENTS Ofl R EPR ES ENTATI� AUTHORIZED R ACORD 25 (2001(08) � of � #S1Q9683/M109682 RPA �. ��� 't� a ACOIiD CORPORATIdN 1988 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/24/2004 DATE: Tuesday, February 24, 2004 LOG NAME: 06MACON REFERENCE NO.: **C-19971 SUBJECT: Encroachments in Right-of-Way: Consent Agreement with the James D. Finley Company Authorizing Use of the Right-of-Way for a Sign, Canopies, and Cornice Above the Sidewalk on Texas Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement with the James D. Finley Company authorizing use of the right-of-way for a sign, canopies, and cornice above the sidewalk on Texas Street. DISCUSSION: Steve L. Nichols is Project Manager for renovation of an office building renamed the Texas Building. Although the building fronts Texas Street and abutts Florence Street, it is addressed as 1000 Macon Street. An existing parking lot fronts Macon Street and Texas Streets with driveways into both streets. The building is currently undergoing renovations, and part of the improvements include a sign, awning, cornice, metal canopy, and simulated stone canopy encroaching into and over the sidewalk on Texas Street. Mr. Nichols is requesting authorization for use of the right-of-way for these encroachments into the right-of-way. The Downtown Design Review Board reviewed and approved the encroachments on July 10, 2003. The Encroachment Committee has reviewed the application and recommends approval. The encroachments 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 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Reid Rector (6140) Bob Riley (8901) Bob Riley (8901) Lo�name: 06MACON Pa¢e 1 nf 1