HomeMy WebLinkAboutContract 31922 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, hereinafter referred to as the "City", and Radisson
New Fort Tower I Hotel Limited Partnership dba Radisson Hotel
acting herein'by and through its duly authorized Manager, FGSB Hotel Manager, the manager
of New Fort Tower,I GP LLC, the General Partner of New Fort Tower I Hotel Limited Partnership
hereinafter referred to as "Grantee", Owner of the property located at
815 Main St. ("Property") on behalf of Radisson
hereinafter referred to as "Business", located at
815 Main St.
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") thatencroaches
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:
gth Ctraat- Signs "A" and "B" will project 8" from the wall surface on
the west and east side of the porte cochere. Sign "D" will project 1"
from the face of landscape wall at garage entry. Sign "E" will project
2-1/2" from face of building wall to right of main entry.
Commerce Street: Sign "C" will project 8" from the wall surface on the
south side of the skywalk.
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
00 \\
_Four hundred Pi ght-W—fives and= Dollars ( $4,95_0O 1•
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 815 Main St. 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-
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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-pTgpert
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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
CONNEC-fION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
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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. Notwithstanding the foregoing, Grantee may assign
its rights under this Agreement to UBS Real Estate investments, Inc and Capital
Trust, Inc and any other subsequent lender pursuant to any refinancing. Any
other 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.
EXECUTED this day of , 2012�-
CITY OF FORT WORTH, GRANTOR RADISSON NEW FORT TOWER I
HOTEL LIMITED PARTERNSHIP DBA
RADISSON HOTEL
BY: NEW FORT TOWER I GP, LLC
THE GENERAL PARTNER OF NEW
FORT TOWER I HOTEL LIMITED
PARTNERHSIP
BY: FGSB HOTEL MANAGER CORP.,
MANAGER
GRANTEE -
By: By: ���
Asst. City Manager David A. Brooks, Vice President
ATTEST: APPROVED AS TO FORM AND LEGALITY
City Secret4y 16ity Attorney
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Cont ac uthorizatioa
I � I )--r)"-)� -
Date
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 44 day of
Notary Publid in and for the
State of Texas
;i;.'r _ KATHY F.DURHAM
.. s: MY COMMISSION EXPIRES
January 24,2009
11
STATE OF TEXAS §
COUNTY OF TAT §
ll-qL-t-AS
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared David A. Brooks
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
New Fort Tower I Hotel Limited Partnership and In the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a 7 day of
, 20o5 .
Notary Public in and for the
State of Texas
CAROLE BILSE
• •= Notary Public.Slate of Texas
My Commission Expires 11-30-08 '
12
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21
CL
u
f Chandler Signs LR LLP
May 19, 2004
Mr. Jim \4111e-
Department of Development
City of I-on `,Forth
100(-)Tliroclunonon St.
Fort W onh. T\ 76102
Re: Purr„ssi,m request fo sign encroacl rnenl
Mr. N-1 i l ler.
Uta bchalf of the Radisson Hotel at 815 Main St- in dog%-nLov,n Fon � ortll, request is
being made tur perm Iss'on to alto% proposed n<« attached =ignaLz, :o encroach upon
Sth street and Commerce street as detailed in attached Exhibit "A".
Signs :N, B, arid C mill havc an �;ncroachmrant, Sip D %%111 hay c:i I" encroachment,
and Si-n E will have a 2-1 2” encroachrncnt.
Attached please find three copies of the Consent Agreement along v 111 a cope of the
requested Certificate of Insurance and the Sign Plans fL.rhibit"All
Sincerely.
Kirk W ithro�%
Chandler Si ms, L.Y.. L-L.P.
3201 Manor Wov Dchas. TX 75235
214-902-2000 r'cx 214-902-2044
w-.-.,w cncndlers ans.,ar�
�AVORD. CERTIFICATE OF LIABILITY INSURANCE 03/29/2005 DATE
PRODUCERLOCKTON COMPANIES OF DALLAS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
717 N. HARWOOD, LB#27 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DALLAS TX 75201 ALTER TIJE COVERAGE AFFORDED BY TH_E_PQLICIEa-BEL9_W,
214-969-6700
INSURERS AFFORDING COVERAGE
INSURED INSURERAc Travelers Pro ert &Casualty
Remington Hotel Corporation P �-'- y
1052689
14185 Dallas Pkwy Suite 1150 INSURER B: Travelers Indemnity Co of CT
Dallas TX 75254 INSURER C: Lexin ton/RSUI Indemnit
INSURER D: XL Insurance America Inc.
INSURER E: Chubb/Lexington
COVERAGES GD
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.
INSR POLICY EFFECTIVE POLICY EXPIRATION
ITR TYPE OF INSURANCE POLICY NUMBER LIMITS
'GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
A X COMMERCIAL GENERAL LIABILITY TC2J-GLSA-152D6179 11/17/2004 11/17/2005 FIRE DAMAGE(Any one fir® $ 1,000,000
- I CLAIMS MADE FX OCCUR MED EXP(Any oneperson) S 5,000
X
Liquor I_iahilit PERSONAL&ADV INJURY $ 1 000 OOO
X Innkeepers Uab SIMM GENERAL AGGREGATE S 20 000 000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000
PRO-
POLICY I I JECT F-ILOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
A X ANY AUTO TJ-CAP-152D6155(AOS) 11/17/2004 11/17/2005 (Ea accident) $ 1,000,000
B ALL OWNED AUTOS TE-CAP-152D6167TX) BODILY INJURY $ XXXXXXX
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY S XXXXXXX
NON-OWNED AUTOS (Per accident)
X UM/U1M$IMM PROPERTY DAMAGE $ XXXXXXX
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S 500,000
AX ANY AUTO TC2J-GLSA-I 52D6179 11/17/2004 11/17/2.005 OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ 25,000,000
D X OCCUR , CLAIMS MADE US00007542L.I04A 11/17/2004 1 1/17/ZOOS AGGREGATE S 25,000,000
❑UMBRELLA f XXXXXXX
DEDUCTIBLE FORM }(J{}{}{xxx
RETENTION $ $ ){}{){}xxx
A WORKERS COMPENSATION AND TC2J-UB-152D6131 (AOS) 11/17/2004 11/17/2005 X I
WCSTATU- OTH-
A EMPLOYERS'LIABILITY TRJ-UB-152D6153(AZ,MA) 11/17/2005 11/17/2005 E.L.EACH ACCIDENT 3 1000,000
E.L.DISEASE-EA EMPLOYEE. $ 1000 000
E.L.DISEASE-POLICY LIMIT $ 1000 000
C OTHER PROPERTY 224 1220 11/17/2004 11/17/2005 $200MM AU Risk, B&M and Bus.
C EXCESS PROPERTY NHD338209 11/17/2004 11/17/2005 Interrupt.Incl
E CRTME8198-2758 11/17/2004 11/17/2005 $5MMurnil
E EPL 1321832 03/29/2004 03/29/2005 $1 MM perloss
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECLAL PROVISIONS
RE:Ft.Worth Radisson,815 Main St.,Ft.worth,TX 76102.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
2035771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Department of Development-City of Ft.worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Attn:James S. Miller
1000 Throckmorton NOTICE TO THE CERTIFICATE HOLDER NAMED TO CQ..SO SHALL
Ft Worth TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY K D UPON THE INSURER, ITS AGENT OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE r
ACORD 25-S(7/97) For questions regarding thisceddicate,contactlhenumherlistedinthe'Producersectionaboveandspecifytheclientcode'REMH001'. oACORDCORPORATION 1988
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/8/2005
DATE: Tuesday, March 08, 2005
LOG NAME: 06RADDISON REFERENCE NO.: **C-20554
SUBJECT:
Authorize Execution of a Consent Agreement with the Radisson Hotel for Use of the Right-of-Way
for Installation of New Signs in 'the 100 Block of East 8th Street and the 800 Block of Commerce
Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement for
signs authorizing use of the right-of-way for installation of new signs on 8th Street and Commerce Street.
DISCUSSION:
David A. Brooks, Vice President of Radisson New Fort Tower I Hotel Limited Partnership is requesting use
of the right-of-way for installation of new signs at the hotel addressed as 815 Main Street. The purpose of
the new signs is to update their logo; a process which is taking place nationwide.
The Downtown Design Review Board approved the signs on February 12, 2004 and the case number is
DG-04-007.
The Encroachment Commitee has reviewed this request and is recommend approval.
The encroachments will be in COUNCIL DISTRICT 9.
FISCAL IN FORMA TIO NICERTIFICATION:
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: 06RADDISON Page 1 of 1