HomeMy WebLinkAboutContract 34302 CITY SECRETARY
CONTRACT NO.
CONSENT AGREEMENT
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, hereinafte'rI referred to as the "City", and
Rrk Rea-� Em4e- KeV4
acting herein by and through its duly authorized
Gfjxero,� -PGt{4Kerr
hereiinafter referred to as "Grantee", Owner of the property located at
r0 �
� Ao,%f\Ak ("Property") on behalf of kwj4m referred to as "Business", located at
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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 any
supporting structure (both hereinafter referred to as "Sign") that encroaches
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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:
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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.
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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
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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
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 days from the date
`Business ceases to operate at oz 0� Hale �L tt�V`+L -9 yio. 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 representative, and in
accordance with then existing City specifications. It is understood and agreed to
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 convey to Grantee any right to use or occupy property
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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.
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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.
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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 thisJL�)day of , 20Q�-).
LAP
CITY OF FORT WORTH, GRANTOR Vied 65k(e RANTEE
By� By.
Bob Riley, Development Director. FrQh � Cjtr
*za✓
ATTEST: APPROVED AS O FO AND LEGALITY
Aj
k� City ' ecretary /-4-55'r5l-� Ci y Attorney
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 Bob Riley 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 I day of
Q1Y�YN , 20�.
Notary Pulic in and for the
State of Texas
WY°�, ANGELq
MADA
Notary q
STATE()F TEXAS
QMF Uh'C"". Exp.08/21/2007
v ate!;. 1�5'I7v`L p�'U
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 Frah q &,-
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 ` angd� consideration therein expressed, as the act and deed of
and in the capacity therein
stated.
Q�
GIVEN UNDER MY {AND AND SEAL OF OFFICE this U — day of
20 0 .
t th
�pGONDAVIDNEEDKAM *Se
Public in and for the
n *= MY COMMISSION EXPIRES
�,,,be 1,2W7 Texas
12
STATF FARJN Agent
A. Agent
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INSURANCE 000) 000 0000
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Client#: 55474 JAMES100
ACORDM CERTIFICATE OF LIABILITY INSURANCE 09/15/�aYYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
817-347-7069 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Higginbotham 8 Assoc., Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
99 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O Box 908
Fort Worth,TX 76101 / INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER II' HANOVER INSURANCE CO. 22292
Park Hill Real Estate Partners, L.P. INSURER a
James D Finley and Charlotte Finley INSURER C:
2501 Parkview Dr,Suite 418
INSURER D.
Ft.Worth,TX 76102
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.
IN SR AD D' TYPE OF INSURANCE POLICY NUMBER POLIO
LI Y EFFECTIVE POLICY EXPIRATION LIMITS
TR NSR
A GENERAL LIABILITY BINDER303707 06/22/06 06/22/07 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $200 Q00
CLAIMS MADE a OCCUR MED EXP(Any one person) $1 O 000
PERSONAL d ADV INJURY $1 OOO OQO
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
POLICY PROJECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO Me occident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Penton) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per ac adent) $
PROPERTY DAMAGE $
(Per aW dent)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESSIUMBRELLA LIABILITY BINDER307829 06122/06 06122/07 EACH OCCURRENCE $10 000 000
X OCCUR CLAIMS MADE AGGREGATE $1O O0O 000
$
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC STORY,ATU• OTH-
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POL[CY L[MIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is included as an Additional Insured on the General
Liability where required by written contract but only in accordance with
policy terms,conditions and exclusions and only with respect to liability
arising out of operations of the named insured.
CERTIFICATE HOLDER CANCELLATION
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 IQ_ DAYS WRITTEN
1000 Throckmorton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Fort Worth,TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATN
ACORD 25(2001/08)1 of 2 #M179325 �14 A ( 0 ACORD CORPORATION 1988
E74clo% - e
4
1
CERTIFICATE OF INSURANCE
.t....... This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
,,,.��.,, � ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough,Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida
® STATE FARM LLOYDS, Dallas,Texas
insures the following policyholder for the coverages indicated below:
Policyholder Jason Needham, State Farm Agent
Address of policyholder PO sox 11070 Fort Worth, TX 76110
Location of operations 1708 8 Avenue Fort Worth, TX 76110
Description of operations Insurance
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiratio Date (at beginning of polic
y period)
93-TK-0024-7 L Comprehensive 10-20-2005 10-20-2006 BODILY INJURY AND
93-TK-0024-7 L Business Liability 10-20-2005 10-20-2006 PROPERTY DAMAGE
- ---- ---------------------- ----------- ------------ --------- -- ---- '- - - -- -- --
This insurance includes: ❑ Products-Completed Operations
❑ Contractual Liability Each Occurrence $ 1,000,000
® Personal Injury
❑Advertising Injury General Aggregate $2,000,000
❑ Products—Completed $2,000,000
❑ Operations Aggregate
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
58-TX-2043-0 F ® Umbrella 10-10-2005 10-10-2006 Each Occurrence $2,000,000
❑ Other Aggregate $ 4,000,000
POLICY PERIOD Part I-Workers Compensation - Statutory
Effective Date Expiration Date
Workers' Compensation Part II-Employers Liability
and Employers Liability Each Accident $
Disease-Each Employee $
Disease-Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period)
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder If any of the described policies are canceled before
City of Fort Worth their expiration date, State Farm will try to mail a
1000 Throckmorton written notice to the certificate holder 30 days before
Fort Worth, Tx 76102 cancellation. If however,we fail to mail such notice,
0 obligaW
be imposed on State
entatives.
S n ture of Authorized Representative
A t 9/19/2006
Title Date
Jason Needham
Agent Name
Telephone Number 817-921-4111
Agent's Code Stamp
Agent Code 43-7858
AFO Code F063
558-994 a.5 Rev.11-08-2004 Printed in U.S.A. 2
r��
. CITY SECRETARY
NO.
CONSENT AGREEMENT
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
"'Ry-k
� �� RQ�,� Emz�-e, K e-r-,4 �-.'P.
acting herein by and through its dully authorized
GeAero,� -Pm4Ker
hefreiinafter referred to as "Grantee", Owner of the properrt�y( ,located at
1—tb 0 �� Ay- Aoan("Property") on behalf of k644w\ *z- T�yyn
hereinafter referred to as "Business", located at
I�bg p e rk (4r-4, T Iwo .
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 any
supporting structure (both hereinafter referred to as "Sign") that encroaches
1
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:
N //
�1 s � o x
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.
2
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
�)2f00
sum of
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 nog 8i� ke fL "V ' . 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 representative, and in
accordance with then existing City specifications. It is understood and agreed to
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 convey to Grantee any right to use or occupy property
5
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.
6
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.
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 1(%��ay oif—n , 20QU.
CITY OF FORT WORTH, GRANTOR ReG►I Fis ` GRANTEE
By j By:
Bob Riley, Development Director. an w r
ATTEST: APPR AS TO FORM AND LEGALITY
A3341 City Secretary - �S� ity Attorney
NO M&C REQUIRED
io
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 Bob Riley 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 .
Notary Pu is in and for the
State of Texas
ypt:^r ANGELA ESTRADA
Notwr pwft
* STATE OF TEXAS
MI CaaR.W.0812112007
11
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 Fy-Ah
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
` IW' 91R V-eAIo 6 ?W+K . L-T., and in the capacity therein
stated.
5
IV N UNDER MY HAND AND SEAL OF OFFICE this day of
20 .
JASOtdDAVIDNEEDHAM Nqky Public in and for the
MY COMMISSION EXPIRES StaW of Texas
December 1,2ov
12
L aabv a VL a
SIAIF FARMim Agent
A. Agent
RNSURANCE. (000)
000-0000
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EXISTING BUILDINGS FINISHED UNDER
NTFER EA PREVIOUS PROJECT NIC
GI LANDSCAPING JA_
6 SPACES
[4ckf
2=-A
hl-, CONC T OW TO EXISTINGIR
NEW ELECTR SERVIC
TCH 4-HlCll'GLH.CT- METr:R BASE
CH tLr�,z... S
IF F03 LE
Yp �Vww 1,210 Sqw, P rr O�h
2 TREE PLANTERS
AT DECK L I L
STONE T NING WALL 10
--
BOTTOM RAIL TO MATCH
RAMP RAILI TYPICAL o 49.411 - TOP Or 1110 sth 6v~ 1.460 Square Feet
OF STAIR FF - 100'-0 mume
SPA NEW CO STAIR W1
P VIDE LA 5 IN TAS STAN D HAND 9LA&S- BOTTOM
ING W STAIR LANDING NE_4%
KEE T RAILS - EXT 2' AT
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Al:AL BOTTOM 4 1- 4AT F, INSIDE NEXT TO RAMP AND UP
V MAX RISMRMII' TREAD/ TO SIDE OF STAIR
94.11- BOTTOM
OF RAMP
3 SP ES
%Z& VAN ACCESSIBLE 14AWDIQAP
Zr PARKING SIGN TO TAG STANDARD
NON-SLIP CONC. 1. 14 Avomw 131S Squre feet.112 0
RAMP SURPACE P -0.
W2.5 SLOPE RAMP W/ TAS
STANDARD H/2' WELDED
APER Pipe; HANDRAIL AT 34*
CAL GRADE-- Mr-r-sk DTL.
STONE RETAINING WALL
............... A-
CL9 99-815-TOP OF 1111 Oth Avenm IAGS Square rest
RAMP
AREA 15'IN FRONT or I 0 99'119 TYPICAL GRADE ON--
DUMPSTER -THICKEN OJTSIDE OF DOOR SILLS
SLAB TO 0*WITH 29 TAPER TO 0' AS CONC. CURB -
REINFORCING 0 rJ*OC SHOWN-TYPICAL
I v CONCRETE
8' BOARD FENCE FILLED HIGH-PIPE BOLLARD W/
DUMPSTER ENCLOSURE WRLDED CAP- PAINTED
W1 S' HIGH-4'CONCRETE .
FILLED PIPE BOLLARDS
WELDED DOME CAP- 0 EXISTING CONCRETE DRIVE TO REMAIN
TIP
PAINTPENCS i BOLLARDS
0 0 .NEW CONCRETE PARKING INTO
TIE NEW COW-' CURB DRIVE WITH 93 DOWELS 0 W OC
0 10`5 1/4' 0 INTO EXIST.CUM 0
'0
0 0 Law L 6v7
PARKING NOTES.
1. 1100 8TH. AVENUE- ---------------------------NO EXISTING PARKING 9. MAXIMUM SLOPE OR SIDESLOPE ON HANDICAP
CHANGE TO LOWER INTENSITY USE PARKING SPACE OR ACCESS ASILF - 1:50
NO PARKING REQUIREMENT 10. MAXIMUM SLOPE ON ACCESSIBLE ROUTE NOT
2.1102 ( 1104 8TH. AVENUE ---------------------NO EXISTING PARKING GREATER THAN 1:12 OR SIDE SLOPE NOT
NO PARKING REQUIREMENT GREATER THAN 1:50
3.J104 STH. AVENUE --------------------------- NO EXITSTING PARKING
CHANGE OF USE - 1484 SF
414 PARKING 5PACF-5 REQUIRED 1-1/2v OIA STEEL PIPE W1
WELDED JOINTS GRIND
9.1108 t 1110 STH, AVENUE-----------------------NO EXISTING PARKING SMOOTH - PRIME PAINTED
INTERMEDIATE RAILS MAY
CHANGE TO LOWER INTENSITY USE a_, '1/4' DIA.PIPE
NO PARKING REQUIRED
S. 1112 It 1114 OtH. AVENUE-------------------------NO NO EXISTING PARKING
NO PARKING REQUIREMENT PER POO
L. PARKING REQUIRIP-)------------------ - ------
O
REM
SEAL WT. /SPRAYED URALL ETHANE , �• `
TYPICAL ALL BRICK WALL6
'ACE
Avenue = 1,249 Square Feet �� `(' y
t V MT I 1-�rJ�-- '"L 4.,1.� __!-Li y�,-i{`7.;7-^i.I 'a IC
F� �..! --i7 mitt
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CAL INSULATION 1 1 -
I1
ID COMMON
ALL INTERIOR
ACE ��.••...,�...�; �
+ TYPICAL STOREFRONT:
Avenue — 1,448 Square Fee. NEW WOOD STOREFRONT TO MATCH
_ •---------• 1
ORIGINAL CONSTRUCTION AND Irr�-* - ,7 y::
DETAILING- REUSE TRANSOMS "I' f>�[�`;,J - --ti-� ��mrsEe -v-�o��
WHERE POSSIBLE- PROVIDE I L... r{
NEW THERMOPAYNE - LOW-E 1 a I {T'}� ••#' [�`'(.�7 Issas;rls-soot
GLAZING-USE AZEK' FOR ALL t U�`'ltl
SILL / EXTERIOR CONDITIONS MT! f _ w `
REBUILD BRICK AS NECESSARY I F' 't.'=LET`- ll_: ` g W
TO MATCH ELEVATION I W��_;. =1::_..1.5--, 1'
NEW FULL LIGHT HM DOOR W/ �
TNERM I LOW-9 TEMPERED GNWO }
GLAZM IN WOOD FRAME � —
PROVIDE HEAD t JAMB f�r'_��
WEATHERSTRIP AND ADA STYLE
55 THRESHOLD WITH WEATHERSTRIP
F71
GYP BD PREACHL WOE-TO it OFFDE.CK 'X' t I I ! •
OR OVI%4'CONCRETE PLASTER
PRDE PULL ACOUSTICAL INSULATION
I Bill III
-- �_ 00
I d J,
to
a
4
ACE �` I` _JG w
[ --...--
00
Avenue = 1,29 Square Feet
�. - s_ F s_ T.}_ r•:;_`- • w
MTi ST.a ITS_{,I;j..i.i2-+%"�'�:•: r"�� 1 +� 1
i i----I --I I t-•-- > F-
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DR TOILET 1 '? 1• �' IL
ISTRUCTION ! �_ v Q EFSR A4 1�
1-HOUR FIRE WALL - 1-LAYER OF TYPE'X' I•�'I J�V �4 1
GYP BD-EACH SIDE - TO ROOF DECK J
7 CD
3 COMMONTION
,ALL IVER10R
,URlIr BREAw FINISH NOTES - APPLIES TO ALL 4 SPACES
FLOOR - LEVEL W/HIGH STRENGTH 6ELF-LEVELING
GYPSUM OR TROWELED FIBER CONCRETE -
�LCF STAIN AND SEAL AS DIRECTED BY OWNER
Avenue L — L-110 Square r-e e t_ WALLS - BRICK - GLEAN Is bllAL tcv�OeIR
r]QYIIIAI 1 — LEA 1/1AT
ter 9/15/2006 Timer 1r23 PM To: 8179214954 M 8179214954 Pager 003-004
C I ient#:55474 JAM ES'100
DATE(MM/DDIYYYY)
Awrox . CERTIFICATE OF LIABILITY INSURANCE 09/15/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
817-347-7069 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Higginbotham 8r Assoc., Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
99 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O Box 908
Fort Worth,TX 76101 ® INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: HANOVER INSURANCE CO. 22292
Park Hill Real Estate Partners, L.P. INSURER B:
James D Finley and Charlotte Finley INSURER C:
2501 Parkview Dr,Suite 418
INSURER D
Ft.Worth,TX 76102
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.
IN SR ADWN TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSRDATE A GENERAL LIABILITY BINDER303707 06/22/06 06/22/07 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $.100 000
CLAIMS MADE 5XI OCCUR MED EXP(Any one person) $10 000
PERSONAL d ADV INJURY $1 000 000
GENERAL AGGREGATE $2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP/OP AGG $2 00O 000
POLICY PRO- LOC
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea ecciderd) $
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 $
AUTOONLY: AGG $
A EXCESSAIMBRELLA LIABILITY BINDER307829 06/22/06 06/22/07 EACH OCCURRENCE $10 000 000
X OCCUR CLAIMS MADE AGGREGATE $10 000 000
$
DEDUCTIBLE $
RETENTION $ $
TH-
WORKERS COMPENSATION AND WC I IMIT FR
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? I E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT Is
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is included as an Additional Insured on the General
Liability where required by written contract but only in accordance with
policy terms,conditions and exclusions and only with respect to liability
arising out of operations of the named insured.
CERTIFICATE HOLDER CANCELLATION
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 In DAYS WRITTEN
1000 Throckmorton NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SMALL
Fort Worth,TX T6102 IMPOSENO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIV
_.
ACORD 25(2001108)1 of 2 #M179325 %%, A ( 0 ACOR'D CORPORATION 1988
G,K r I614 it
CERTIFICATE OF INSURANCE
.T....... This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY,Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
,,,.....�i ❑ STATE FARM FIRE AND CASUALTY COMPANY,Scarborough,Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida
® STATE FARM LLOYDS, Dallas,Texas
insures the following policyholder for the coverages indicated below:
Policyholder Jason Needham, State Farm Agent
Address of policyholder PO Box 11070 Fort Worth, TX 76110
Location of operations 1708 8 Avenue Fort Worth, TX 76110
Description of operations Insurance
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Data (at beginning of policy period)
93-TK-0024-7 L Comprehensive 10-20-2005 10-20-2006 BODILY INJURY AND
93-TK-0024-7 L Business Liability 10-20-2005 10-20-2006 PROPERTY DAMAGE
--------- ------------------- --------------------------- -------------------------------------
This insurance includes: ❑ Products-Completed Operations
❑ Contractual Liability Each Occurrence $1,000,000
® Personal Injury
❑Advertising Injury General Aggregate $2,000,000
❑ Products—Completed $2,000,000
❑ Operations Aggregate
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Data (Combined Single Limit)
58-TX-2043-0 F ® Umbrella 10-10-2005 10-10-2006 Each Occurrence $2,000,000
❑Other Aggregate $4,000,000
POLICY PERIOD Part I-Workers Compensation - Statutory
Effective Date Expiration Date
Workers' Compensation Part II-Employers Liability
and Employers Liability Each Accident $
Disease-Each Employee $
Disease-Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period)
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder If any of the described policies are canceled before
City of Fort Worth their expiration date, State Farm will try to mail a
1000 Throckmorton written notice to the certificate holder 30 days before
Fort Worth, TX 76102 cancellation. If however,we fail to mail such notice,
%M&F
imposed on State
tatives.
S n ture of Authorized Representative
A t 9/19/2006
Title Date
Jason Needham
Agent Name
Telephone Number 817-921-4111
Agent's Code Stamp
Agent Code 43-7858
AFO Code F063
556-994 a.5 Rev.11-M2004 Printed in U.SA. 2 0
Request Letter for Jason Needham State Farm Agency t �d Page 1 of 1
Miller, James F.
From: Jason Needham [Jason.needham.nv00@statefarm.com]
Sent: Monday, October 02, 2006 6:20 PM
To: Miller, James F.
Subject: Request Letter for Jason Needham State Farm Agency
October 2, 2006
Department of Development
City of Fort Worth
Attn: James F. Miller
1000 Throckmorton St
Fort Worth, TX 76102
Re: Letter of Request for Encroachment Agreement
Jason Needham State Farm Agency
Dear Jim:
I am writing to respectfully request an encroachment agreement for an exterior sign at my business. The City of Fort
Worth specifies no signage may hang over city property lines without prior approval. The property line begins within
32 inches of my office front door. My proposed sign will extend approximately 6 1/2 feet from the building face,
which will be approximately four feet beyond the property line. Please see the submitted encroachment agreement and
attached plans for details.
The reasons for my request are:
1) My business newly opened August 1, 2006 and the sign will provide visibility;
2) The sign is part of new renovations to the building; and,
3) The sign is exactly the type stipulated by the Fort Worth South Economic Development Committee, which is
revitalizing the area around my office.
I trust this request for encroachment will be acceptable. Please direct any questions you may to the address or phone
listed below. Thank you for your time.
Jason Needham, CLU, ChFC �, r C k•k'-a L- Q
/
1708 8th Avenue
PO Box 11070
Fort Worth, TX 76110
Ph: (817) 921-4111 •
kb"
Jimmie Wauford
Business Development
N
IG
S
Phone:817-847-0571 ext 109
Toll Free:800-486-7695 ext 109
Fax:817-847-0579
2633 Blue Mound Rd.W. Mobile:817-401-5425
Ft.Worth,Tx.76052 Email:jwauford@signrush.com
www.willowcreeksigns.com
10/25/2006
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CITY OF FT WORTH `•�� ,� ,�.•`j
1000 THROCKMORTON "■�, *;�x•a
FT WORTH TX 76102
Submitter: CITY OF FT WORTH/J CRAIG EATON
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
fled For Registration: 12/08/2006 02:28 PM
Instrument#: D206386269
OPR 21 PGS $92.00
l IIIIIII IIII IIIII IIItI IIIII IIIII IIII!IIIII IIIII IIIII IIII IIII
D206386269
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.