HomeMy WebLinkAboutContract 35580STATE O� TEXAS
COUNTY OF TARRANT
CONSENT AGREEMENT
FOR SIGNS
0
Y STORETARII
N T RACT NO .
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
/;�M�a`nager, hereinafter referred to as the "City", and ��' �- i.J, ��- �su�, :�yc..
acting herein by and through its duly authorized
hereinafter referred to as "Grantee", Owner of the property located at
/os'dJ, i%x�.�'-�rJ• („f'raperty„) an behalf of , 4l ►�c�e:,s-5 f2r�v5 �t� ---
hereinafter
referred to as "Susiness", located at
WITNESS�TFi:
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
upon, uses and/or occupies portions of the space under, on and/or above the
streets, alleys, sidewalks and other public rights-orway as fagows:
The location and description of saki sign and the encroachment is more
particularly described in exhibit "A", attached hereto, incorporated herein and
Made a part hereof for ail purposes.
2.
Ali construction, maintenance and operation in connection with such
encroachment, use and occupancy shall be performed in strict compliance with
this Agreement and the Charter, C7rdinances and Codes of the City and in
accordance with the directions of the Director of Transportation and Public Works
of City, or his duty 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 sal d Sign and
thereafter, there shall be no encroachments in, under, on or above the surface
aMa of the streets, alleys, sidewalks and other public rights-af way involved,
except as described herein and shown an the hereinabove referred to Exhibit "A".
I�
Grantee, at no expense to fihe City, shall make proper provisions for the
relocation and instaHati®n 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 arrd
i#s political subdivisions. In the event that any installation, reinstalls#ion,
relocation or repair of any existing or future utility or improvements awned by,
constructed by or an 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 Gity 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 representative41
Gity may enter and utilize the referenced areas at any time far 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 win make reasonable efforts to minimize such damage.
6.
In order to defray ail 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
is t4Zailo / Dollars t ).
7.
a. Subject to section 7{b) and Sec#ion 9, the term of #his Agreemen# shall be
for thirty years, commencing on the date this Agreement is executed by the City
of Port Worth.
b. This Agreement steal! automaticapy terrninate 30 days from the date
Business ceases to operate at
If
this Business ceases to operate, Grantee acknowledges and agrees to comply
with Section 8.
Upon termination of this Agreemen#, Grantee shah, at the option of City
and at no expense to City, restore the public right-ofway and remove the Sign
encroaching into the public right of4ay, 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
operate and Grantee fails to remove the Sign, Owner hereby gives City
permission to remove the Sign and any supporting structures and assess alien
an the Property for the costs expended by the City to remove such Sign.
{# is further understood and agreed upon between the parties hereto that
the City s#rests, 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 aver 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 shauid 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 rightsWocut, ay 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.
1p.
Grantee understands and agrees fhat 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 h will obtain
all necessary permission befare Occupying such property.
11.
Grantee agrees to comply fully with ail 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.
provided for by this Agreement or by any federal, state or iota! statute, laver or
regulation.
13,
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 opera#ions,
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.
G
14.
ARISINGOUT OF ORIN CONNECTION WITH,DIRECTLY OR
NDIRECTLY, THE CONSTRUCTION,
EXISTENCE OR LOCATION OF SAID SIGN AND ENCROACHMENT AND
USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY
SUITS. GRANTEE SHALL LIKEWISE ASAME ALL L1ABlLiTY AND
RESPONSlBlLlTY AND SHALL INDEMNIFY CITY FOR ANY AND ALL
CONNEGTlON 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 far a policy of public {lability insurance covering all public risks
related to the proposed use and occupancy of public property as located and
described in Exhibit . he amounts of su+h insurance snail be not lass than
the following:
(�raperty 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 shal{ be revised upward at Cify's option and that Grantee shall sa revise
such amounts immediately following notice to Grantee ofi such requirement.
such insurance policy shall provide that it cannot be canceled or amended
wi#hoot at least ten (10) days prior written notice to the Building official of the City
ofi 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.
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 Tenant County, Texas.
After being recorded, the original shag be refiurned to the City Secretary of the
City of loft Worth, Texas
17.
In any action brought by the City for the enforcement bf the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorneys fees.
iT�
Grantee covenants and agrees that it wilt not assign all or any of ifs 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.
18.
THE PARTfES AGREE THAT THE DUTIES AND ®BL4GATtE�N
THIS AGREEMENT.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
E
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State ofi Texas, on this day personally appeared = knottin to me to be
the person whose name is subscribed to fihe foregoing instrument, and
acknowledged to me that helshe 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 `____T` ,�,-r�, �day of
C,u.,20
Notary Public in and for the
� 1, MICHRUr A. WILLIAMS State of Texas
•�`' "; , r;'v Pew Stets of Texas
Me, ComrWssm Expires
23, P010
STATE OF TEXAS §
BOUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
tate of Texas, on this day personally appeared f V)
nown to me to be the person whose name Is subscribed to the foregoing
instrumentI and acknowledged to me that hetshe executed the same for the
i► I I u 1 Vj..eAAjUAthe capacity therein
tated*
a
,�
MARY RYAN GALlA6HER ��� 1(A �
Notary Public, State of Texas — --' '�+�
My Commission Expires Notary Pu
March 23, 2010 State Of Ti
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