Loading...
HomeMy WebLinkAboutContract 29737 NOTICE OF MERGER City Secretary Contract Nos. 29737; 34361; 34362; 35489; 3 789 1; 37998; 41040; 41352; 41738 THIS NOTICE OF MERGER (the "Notice") is being delivered to THE CITY OF FORT WORTH, a Texas home-rule municipal corporation (the "City") by SUNDANCE PLAZA PROPERTIES LLC, a Texas limited liability company("Sundance")as of the 16"' day of December, 2016. 1. The City entered into those certain Right of Way Encroachment Agreements set forth on Exhibit "A" attached hereto (collectively, the "Encroachment Agreements") with Sanguinet Building, L.P., a Texas limited partnership ("Sanguinet") and The Carnegie Building, L.P., a Texas limited partnership ("Carnellie"). 2. Pursuant to that certain Certificate of Merger filed December 5, 2016 and recorded as Instrument No. D216283511 in the Real Property Records of Tarrant County, Texas, Sundance is the successor-in-interest by merger to Sanguinet and Carnegie. 3. Sundance hereby notifies the City of the merger and acknowledges that Sundance (as successor-in-interest by merger to Sanguinet and Carnegie) is now the "Grantee" under the Encroachment Agreements and delivers updated Certificates of Insurance for Sundance for the Encroachment Agreements attached hereto as Exhibit"B". SUNDANCE: SUNDANCE PLA P PERTIES LLC, a Texas limited lia 1' mpany By: Jo n Ca pY6 President CSC Nos. 29737;34361;34362;35489;37891;37998;41040;41352;41738 Notice 1 EXHIBIT"A" ENCROACHMENT AGREEMENTS 1. Consent Agreement for Signs, City Secretary Contract No. 29737, filed on May 21, 2004 and recorded as Instrument No. D204157605 in the Real Property Records of Tarrant County, Texas. 2. Consent Agreement for Signs, City Secretary Contract No. 34362, filed on December 29, 2006 and recorded as Instrument No. D206411316 in the Real Property Records of Tarrant County, Texas. 3. Consent Agreement for Signs, City Secretary Contract No. 34361, filed on December 29, 2006 and recorded as Instrument No. D206411315 in the Real Property Records of Tarrant County, Texas. 4. Encroachment Agreement, City Secretary Contract No. 35489, filed on July 13, 2007 and recorded as Instrument No. D207245083 in the Real Property Records of Tarrant County, Texas. 5. Encroachment Agreement, City Secretary Contract No. 37891, filed on November 7, 2008 and recorded as Instrument No. D208420633 in the Real Property Records of Tarrant County, Texas. 6. Encroachment Agreement, City Secretary Contract No. 37998, filed on December 5, 2008 and recorded as Instrument No. D208446758 in the Real Property Records of Tarrant County, Texas. 7. Encroachment Agreement, City Secretary Contract No. 41040, filed on November 12, 2010 and recorded as Instrument No. D210281603 in the Real Property Records of Tarrant County, Texas. 8. Encroachment Agreement, City Secretary Contract No. 41352, filed on January 21, 2011 and recorded as Instrument No. D211017977 in the Real Property Records of Tarrant County, Texas. 9. Encroachment Agreement, City Secretary Contract No. 41738, filed on May 6, 2011 and recorded as Instrument No. D21 1 1 07372 in the Real Property Records of Tarrant County, Texas. CSC Nos.29737;34361;34362;35489;37891;37998;41040;41352;41738 Notice 2 EXHIBIT "B" CERTIFICATES OF INSURANCE (see attached) CSC Nos.29737;34361;34362;35489;37891;37998;41040;41352;41738 Notice 3 DATE(MMIDD/Yl'YY) -4CO CERTIFICATE OF LIABILITY INSURANCE 12/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on w this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d CONTACT PRODUCER NAME: Aon Risk Services Southwest, Inc. PHON (817) 810-4000 FAX (817) 339-2019 m Fort worth TX office (A/C.No.Ext): AIC.No.: O 301 Commerce Street E-MAIL C :Csuite 2370 ADDRESS: Fort Worth TX 76102 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 Sundance Plaza Properties LLC INSURER B: 201 Main street, suite 2700 INSURER C: Fort Worth TX 76102 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570064748897 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADD POLICYTFF— POLICY EXP SUBR LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPO - EACH OCCURRENCE $1,000,000 DAMAGE 10 HEN I tU $1,000,000 CLAIMS-MADE a OCCUR PREMISES Ea occurrence MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY $1,000,000 00 GENERAL AGGREGATE $2,000,000 co co GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑PRO LOC PRODUCTS-COMP/OP AGO $2,000,O0_0 JECT o 0 OTHER: r- COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident_ .. BODILY INJURY(Per person) G ANY AUTO Z OWNED SCHEDULED BODILY INJURY(Per accident) yd,, AUTOS ONLY AUTOS PROPERTY DAMAGE U HIRED AUTOS NON-OWNED Peraccident `�- ONLY AUTOS ONLY 1= d EACH OCCURRENCE U UMBRELLA LIAR OCCUR EXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND STATUTE EERH EMPLOYERS'LIABILITY Y I N ANY PROPRIETORI PARTNER I EXECUTIVE E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? a N/A E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below —' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: contract# 29737 Certificate Holder is included as Additional Insured as required by written contract, but limited to the operations of the insured under said contract, per the applicable endorsement with respect to the General Liability policy. .ti.J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Fort Worth AUTHORIZED REPRESENTATIVE 1000 Throckmorton 7Vf•-/� r�_-_,i ��J Fort Worth TX 76102 USA /�yy Q/J i ?,dOfG /Gfifraad l' v � ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD ITY SECTARY CONTRACT NO. Nr. CONSENT AGREEMENT 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 sanguines Building. L.P. acting herein by and through its duly authorized Managing General Partner, Sanguinet Genpar. Manager, William V. Boecker. hereinafter referred to as "Grantee", Owner of the property located at 400 Throckmorton St. ("property") on behalf of PF Chang's hereinafter referred to as "Business", located at 400 Throckmorton St., Fort Worth T% 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 and awning and any supporting structures (both hereinafter referred to as "Sig wnirg= ,ir, 04-05--04PO2 :49 RCVD s 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: 1. Relocation and addition of doors to swing out onto the sidewalk 2. Two canopies with attached signage above each main entry door 3. Five new canopies to extend approximately 6' over sidewalk on Throckmorton side 4. New blade sign on the corner of the building to extend approximatley 3' 1" over sidewalk approximatley 13' 4" off sidewalk 5.Addition of four building standard fabric awnings to extend approximately 2' over the sidewalk on the 3rd St. side The location and description IDf said Sign and Awning and `he encroachment is more oarTicuiariy described n _xnlblt '`A.", attached hereto, incorporated herein aC1C Made 3 pari �ereOT -Cr all pUrCOSES. 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 r gar G htee 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 Four Hundred and Eighty Five no/loo 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 400 Throckmorton St. , Ft Worth T% 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 and Awning encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly;_ authorize 4 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 respondeaF_m7: shall not apply as between City and Grantee, its officers, agents, servans, 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. 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 $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 tieraae--_ herein shall include coverage of all Grantee's contractors. s 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 day of EXECUTED this G� , 20 C ' CITY OF FORT WORTH, GRANTOR SANGUINET BUILDING, L.P., GRANTEE a Texas limited partnership By Sanguinet Genpar, LLC, Ailliam ral part r By: /�tl � By: Reid Rector, Asst. City Manager Boecker, Manager ATTEST: APPROVED AS TO FORM AND LEGALITY ecretary r y} City A.%rney Contract Authorization 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 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 05k . �2o�ppva��':1 ROSELLA BARNES NOTARY PUBLIC Nota Public in and for the t� iPt State of Texas ry oF� r Comm.Exp, 03-31-2005 State of Texas r1cob 11 • r 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 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 :herein stated. GIVEN 'ANDER MY HAND AND SEAL OF OFFICE this day of 20 . WYA • .-Orm -.. 6 GLS v'= Nota Pul# in and for the = *' State of T xas •y 0 tom �/�//111111ss ` " U 0 _ rc U 0O O IL 11- U LL O z r o � 3 0 =J ^W o ^e 133�JiS NOi6OVNXMJHl a W 1 15 11 LL�- 77 4 — a�Alp] 41 $ = y m V Vf r s •i n Wm N O r w Zz� r M s Z Z. v7 N G NZ3 . i------- LA V ... '---- rLL W r n J T An 4 ` W IN oil, I a l t a i c c a 15 Ali ad -'a e wr ~; 0 --------------------- , J o i Ad {d p� a� LO W ao i GS h ^L »E � o u � m U U. O R n _ W e J r J 'm yyy� W o © x M o � 1 F7 _117 r � W E U V Y o - e -z a_9 .._ ` S rK � IN � n y� M� r �a ------ s:. % - We LU LU -. mx v Z1333tu � � I in 7 ?puj C+ ..e N C IO . 2.200e I—Y CENTER DEV OPER. ,,' DATE /DD/YY) MEM a3 22 04 pRORUC� THIS CMTIMCATE 49 t88050 AS A MUTTSR OF INFORWON Aon Rink services of Texas, xnc• C2Nt.Y ANA CDNFIa NO (RIGHTS UPON THS M71FICiATE 301 Coamerea Street HOI.DMIC THIS CERTIFICATE POKE NOT AMOND. EXTINID OR Suite HE Fort worth Tx 76102 COMPM10.APPOKO MMU ccmrimy ZUMO A@eriCan End Co PHONE- M7 3117-4000 PA . (617) 3.10-2019 A o i INSURED coMFANY + Wquinrt GUilding, L.P. 6 201 NA1n Street, 5uixv 2700 Fort Worth Tx 74102 USA k `e 371=11 m w nNY C h THIS IS TO C-ER-nFY THAT THE F+ol.IciH 0;INSUAANtF LISTM)MLW KWE SEEN ISSUED TO THE IN LK9D"4=AAOVI FOR THF-POLICY PERIOD INDICATED. NOTA11THSTANDING ANY REQUIREMENT, TM OR COhMON OP ANY CONTWT OR OTHM 000WMENT WITH RESPr:07 TO WHICH THIS CERTIMCAATE MAY 6E ISSUED aR MAY PRRTAI>N,THE INSURANCE AFROKDUrt BY THE POLIO BS DESCRIWO HIPFUN IS SUBJECT TO AL1-THE TaRms, S=L'JSIONa DCO DR1Q SOFSUC O tC S L 6 0 V BEEN UC Y 0. ^ M9. GC TOLTTX47TCM l0VJLV X 0UTTD LMRT! L SYT[4?AisDa,iNCB pCl'lCY RIIldsot n4�M GL1071WM II410""DAY) n A aeNeRAL.L1AMILITY cPo998152501 04!011/04 04/0l/05 p�IfRALAGORE�rF ;z,000,000 X Cop4Mp4C1c c,PERr t Lµ M1(T eY hWR=UCjS•0M"AGO 12,000,000 j CuYMB MAQR U:.a OGcuR pI�RSONAL i lav INJURY $1.600,000 OH1Nlij+Iiae4NP>ucTnl�'! MGT EACH OWWOMN ; 31,000.400 FMtDA?AAGO(Aryone irw SS,ODO,OCO c MW IDEP(AR'BILI ClTW11 SS,OQO, AUTDMOIILi'tJAALl1Y 0,4AIM M'1 N GLG LIMIT AKl'AUT'D ALL awNEaAui�9 DOCILY Iry ruAy 9tflEt�tl�ED rL70+ (P4 porson) HipeD AUTOS 60016Y IN�JURY NON-QwN9D AUTOS (Pw■ccldIne ROPERTY❑AMAos GARAGG uAEr-nY AUTa OM.Y-EA ACr4PFNT A,W AU-0 CTHIlt TTiAN Aero OHLr MCHACCWIT AGGRF2AT 9=06 WAbruT• Mch OCCU mm�Ca 6WRELLA FOW AGGREGATE OrMER''WK UMGREU 0.FeRIA WZlCr%WV MMPM4901aN AND wG STA � Y i,` F►AKXVspr 4AMM �I.EAcH AOCpANT THE MmpRfZ' W FARTNFnnDT=p" I 5L GMAMpotJOY LIMIT oMORM8 AR? =L 9.DWARF-44 Qv11'LOYCC s ��II �or� tm. W9lT,, gQ0F a� `i g In 1, a �4 cckllrrr�or1 Wl1 3rd Streat CPP Chang'sa, Port Worth, Tx •I! r� ��h —I' " 'i� i�l ��;,�',d, ,:l 11 Y s i PP ' +` J1, ��r INCULD ANY Of TK AI0V5 OGeca0b POI.iCiiB BE OP.K W B&OARTK city of Port worth EXPIRATION DAIS T*4RE0F,T1 E 11404 COMPANY WILL FKEAVMTO MAL 1000 Thro kmorn e0 OMI vW-ITTGN ?10?10n-- R7 OnTO TM CE1FICOTM HOLO¢R IkUMM 70 TMd LEFT, Fort wort -mm 76102 usA BUT FAILLIPS TO W4 tWOH NOTIM YkHA66 IMK49 NO CRUGAT10N OR LIAeWrY F a -Ok-THS COMPAW. M3 AU7NnRlaD M1¢rR6pW4rAT►Ve �y_- f � , City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/30/2004 DATE: Tuesday, March 30, 2004 LOG NAME: 06PFCHANG REFERENCE NO.: **C-20012 SUBJECT: Encroachments in Right-of-Way: Consent Agreement with Sanguinet Building L.P., Authorizing Use of the Right-of-Way for A Blade Sign, Canopies, Fabric Awnings and Door Swings Encroachments at 400 Throckmorton Street - Bank One Building RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a specific encroachment agreement authorizing use of the right-of-way for door swings, canopies, a blade sign and fabric awnings for the P.F. Chang's restaurant at 400 Throckmorton Street. DISCUSSION: Sanguinet Building, L.P., through Robert Gamblin, Operations Director for Sundance Square, is requesting use of the right-of-way for various encroachments at 400 Throckmorton in the (new) Bank One Building. The encroachments are as follows: 1. Relocation and addition of doors which will swing out over the sidewalk. 2. Two canopies with attached signage above each main entry door. 3. Five new canopies to extend approximately six (6) feet over sidewalk on Throckmorton Street side. 4. New blade sign, on the corner of the building, to extend a maximum of TY from the building approximately 13'-4" above the sidewalk. 5. Addition of four building standard fabric awnings to extend approximately 2' from the building over the sidewalk on the 3rd Street side. The building is currently undergoing renovations (to include these encroachments) in order to construct the restaurant. The Downtown Designed Review Board reviewed and approved the encroachments on March 1, 2004. The Encroachment Committee has reviewed the encroachment(s) application and has no objection. 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) Logname: 06PFCHANG Page 1 of 2 Logname: 06PFCHANG Page 2 of 2