HomeMy WebLinkAboutContract 32109 3 -
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" CITY SECRETARY ►'� I
CONTRACT NOoC1.
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
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Manager, hereinafter referred to as the "City", and 1 /phi q /lea
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acting herein by and through its duly authorized JQG5 /6EA/1
hereinafter referred to as "Grantee", Owner of the property located at
i yl a w. mavo/;o—
Su.;�e I1)0 ("Property") on behalf of e01DA a.1 14ee,4he7rQuD �e•
hereinafter referred to as "Business", located at
tjr,aW. +10 no1;a e /OQ
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:
5►a o -�o be- ;o Sial ( d 4-he 50 u ,c -
Cor �) u I WA a a bo ✓J . P n a n
G� I�-1 t a• I�11 IM aj n lii a a llot
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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.
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
3
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
Dollars
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 JL,IIo� �. l�C�l,�nQ �,'Q, SI( � IDC 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 Y, m�;-VH, nX.
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 2
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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.
6 CITY AC7 ffilY
FT. WINK M.
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.
CITY ������lY
g FT. WORTH, TEX.
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.
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EXECUTED this 104bday ofw4,_.:!4 200A.
Cd N I RL 6-4 (SUP
CITY OF FO T WO TH, G NTOR r , GRANTEE
By: ` By:
Dale Fisseler, A st. City Mgr. LOl mof ke q. +tl
ATTEST: APPROVED AS TO FORM AND LEGALITY
6L
City Secretao (34yAttorney
"ontract AuthpriaatiOR
Date
10 c I r1l, � SA Y
FT, WITH, fix.
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 Dale Fisseler, 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 /26� day of
Vic. , 2005 .
{ 'P" KATHY F.DURHAM
MY COMMISSION EXPIRES (Votary Pu lic in and for the
' •'sr .
Januwy24,2009 State of Texas
SQ',r�i���
• .
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public Ji/n andforfor the
State of Texas, on this day personally appeared M 6-rV- r�G(CKtr* ,
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
&Ion; al J and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 I qday of
20 �.
\1\NII I►�Il l�ry�
APu is in and for the
State of Texas
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May 11 2005 12: 52 P. 01
�W- CERTIFICATE OF LIABILITY INSURANCE O- DATE(MWDDtf"Y-,
05/04/05
PRODUCER THIS CERTIFICATE Is ISSUED As A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Howard Hill Insurance Agency HOLDER.THIS CERTIFICATE:DOES NOT AMEND,EXTEND OR
901 'Nest 7th street, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Fort worth TX 76102
Phone: 817-338-2929 Fau:817-338-2979 INSURERSAFFORDING COVERAGE NAIL#
utsuRED tNSURERA: Zurich-- ,Small suniness
IN&REi B –,
Au pp LOV lase PC INSURER C;
eloniai ealth Grot�ltggt Inc
1 1�. 1lSignO la S ite 1Du 4JRERD: I,
For Worth TR 7610
INauReR E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVt FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPiCT TO WHICH THIS CERTIFICATE MAY BE 4SUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIEB DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS,E)(CLUSION8 AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS MOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS,
LTR TYPE O INSURANCE POLJCY NUMBER E LIMITS
GENERAL UA8ILITY EACH OCCURRENCE $ 1000000
COMMEROtALGENERALLIABIUTY PAS42787045 j PREMISEa BOCcurenae 61000000
CLAIMS MADE OCCUR I MED EXP(Any one peraen) S 10000
A R Business Owners 11VI5/04 11/15/05 PERaoNAL&ADviwufcy 's100000o
_CEN ERAL AQQREGATE 5 2 0 0 0 0 0 0
OWL AGORERATE'LIMITAPKIEaPEk PRODUCTS•COW/Op AGG 1s2000000
POLICY 7 JECT F7 LOC CsI,
AUTOMOBLE LUBILITY
ANY AUTO �MB�oISINGLE LIMIT S
ALL OWNED AUTOS I
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Lam;RY S
SCHEDULED AUTOS
X HIRED AUTOS
BODILY INJURY 3
X NON-OWNED AUTOS { (Per Budden?)
PROPERTY DAMAGE S
(Per Budden?)
SART LAaLr Y AUTO ON V.EA ACCIDENT E
ANY AUTO OTHER THAN EA ACC 3
AUTO ONLY: A00 S
EtCEESJUMBRIELLA LIABBdTY EACH OCCURRENCE 3
OCCUR CLAIMS MADE AGGREGATE S
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RF RNT10N S S
WORXERS COMPENSATION AND TO 1 LIIMRB I ER
EMPLOYERS'UABR RY E.L.EACH ACCIDENT S
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DESCMPT*M OF OPERATIONS/ILOCATIONB/VBJIICLES I OCCLUSIONS ADDED BY KINDOR8EMEW I SPECIAL.FF;5 9—WNS
Sign located at 1412 W. Magnolia more spaeifically>at southwest corner of
building above entrance at the corner of 1412 W. Magnolia and Fairmount St. j
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CERTIFICATE HOLDER CANICELLATION
CITYFOR SHOT LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THMMOF,THe 1S8UWC2 WIFURER WLLL ENDEAVOR TO MAIL 10 DAYS WRfrTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 30 SHALL
City of ]fort Worth W"E NO ORL.MATM OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Dept, of Development
1000 Throckmortoa Street REPIkGIS 7ATIVE&
Fort Worth TX 76102 AUT40MD REPffiprATrVr.
Howard n
ACORD 25(2001/08) TI 1888
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/5/2005
DATE: Tuesday, July 05, 2005
LOG NAME: 061412 MAGNOLIA REFERENCE NO.: **C-20831
SUBJECT:
Authorization to Enter into a Consent Agreement with Colonial Group Health, Incorporated, for Use
of the Right-of-Way for Installation of a New Sign at 1412 West Magnolia
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Consent
Agreement authorizing the use of the right-of-way for installation of a new sign on the northeast corner of
the intersection of West Magnolia Avenue and Fairmount Avenue.
DISCUSSION:
Mark Euckert, President of Colonial Health Group, is requesting use of the right-of-way for installation of a
new company sign on the northeast corner of the intersection of West Magnolia Avenue and Fairmount
Avenue. The company is located at 1412 West Magnolia Avenue, Suite 100. The purpose of the sign is to
more clearly identify the location of the company to the general public.
The Encroachment Committee has reviewed this request and is recommending approval.
The encroachment 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 FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale A. Fisseler (6266)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 061412 MAGNOLIA Page 1 of 1