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HomeMy WebLinkAboutContract 32422 CITY r.nETARY ;iAC I r�o_ 3wo�— CONSENT AGREEMENT FOR SIGNS AND AWNINGS STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and Mark P. Thomas, an individual hereinafter referred to as "Grantee", Owner of the property located at Fort Worth, Texas 515 Main Street,/ ("Property") on behalf of Chili's Grill & Bar hereinafter referred to as "Business", located at 515 Main Street, Ft. Worth, Texas WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to install a sign and awning and any supporting structures (both hereinafter referred to as "Sign and Awning") A that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way as follows: Remove existing wood awnings. Replace them with fabric awnings and new mountings. Dimensions to remain the same. See plans (attached) for dimensions. Remove over-the-door wood canopy. Replace with like (new)canopy which will wrap around the front door and meet up with the fabric awnings on the 5th Street and Main Street elevations. Utilize existing mounting. Depth of canopy into sidewalk to remain the same dimensions. See plans for dimensions. Note - no canopy or awning will extend into the street. The location and description of said Sign and Awning 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 Awning and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights-of-way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee � .o understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of Five Hundred and No/100 Dollars ( . $500.00 ). 7. a. Subject to section 7(b) and Section 9, the term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. b. This Agreement shall automatically terminate 30 days from the date Business ceases to operate at 515 Main Street, Ft. Worth, Texas If this Business ceases to operate, Grantee acknowledges and agrees to comply with Section 8. 8. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Sign and Awning encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized 4 representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates because the Business ceases to operate and Grantee fails to remove the Sign and Awning, Owner hereby gives City permission to remove the Sign and Awning and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Sign and Awning. 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. 5 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Sign and Awning, encroachment and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, 6 contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID SIGN AND AWNING AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 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;`_2& day of (Ti , , 20 . CITY OF FORT WORTH/GRANTOR MARK P. THOMAS , GRANTEE By: By: nn cuk i T�U)AA-61-1- Dale A 4tiDale Fisseler, ,Assistant City Manager Mark P. Thomas, an individual ATTEST: APPROVE -S TO FORM AND LEGAL /f City Secreta s ;51 City Attorney Contr ct.--uthorizatioa q. w I Date MY v 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 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 _ day of 2005 Notary Public n and for the State of Texas KATHY F.DURHAM MY COMMISSION EXPIRES Jams -,;,4f�Vit• ary 24,2009 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 MARK P. THOMAS , 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 aet and deed of and in the sappasity +her -6ta#ed- GIVEN UNDER MY HAND AND SEAL OF OFFICE this a 7 t4 day of cwt , 2005 otary Public in for t �ALAAAA.A,yA.&AAAAAAAAAAA-AAAAA State of Texas BARBARA J.BILLER E + * Notary Pubkc No. STATI;OF TEXAS ,,. My COMM Exp 05-27.7.007 vn"nv"vvv"vn♦♦vTT7vT,r 12 0 lop Parkway Plaza 1 C l is Suit Dallas Parkway Suite 100 Dallas Texas 75254 Rmu x(872) 298-8884 Architecture / Deve(opmeot Fax.4872) 239-5054 Fk Nome: Job Na We %ee No. "miedC H I L I S 5 9 4—S U N DA N C E S Q U A R E 041788-007 01-20-04 CS 515 MAIN STREET ET. WORTH, TX CANOPY & AWNING ENCROACHMENT A C: SUNDANCE SQUARE 515 MAIN STREET FT. WORTH, TX STORE •584 CANOPY & AWNING ENCROACHMENT LIST OF CONTACTS INDEX TO DRAWINGS OWNER BRINKER INTERNATIONAL SHEET DESCRIPTION 6750 LBJ FREEWAY, SUITE 1100 CS COVER SHEET DALLAS, TEXAS 75240 Al OVERALL FLOOR PLAN PH- (972) 770-8879 A2 OVERALL ELEVATIONS FAX- A3 AWNING al EMAIL. DAN.DOVER®BRINKER.COM A4 AWNING •2 A5 AWNING •3 CONTACTS- AB AWNING •4 DAN DOVER A7 AWNING •5 ARCHITECT A8 CANOPY GERDES. HENRICHSON & ASSOCIATES 14110 DALLAS PARKWAY, SUITE 100 DALLAS, TEXAS 75240 PH, (972) 239-8884 FAX, (972) 239-5054 EMAIL- KJONES®GHA-ARCHITECTS.COM CONTACTS, KENDRICK JONES AARON HOWELL EXHIBIT A Page 1 of 9 ep Parkway Plaza I C I I� A Dallas ParkwaySuit 1/�l Suite 100 Dallas Texas 75254 Ph-(972) 239-8884 Architecture / Development Fax. (972)239-5054 File Name: Job No. [late Sbee1 No. Project C H I L I S 5 9 4—S U N D A N C E S Q U A R E 041 788.007 01 -20-04 Al 515 MAIN STREET FT. WORTH, TX CANOPY & AWNING ENCROACHMENT I I A2/01 -------------- F — l L 1 ( ———————— l EXISTING CHILI'S RESTAURANT F I (NO WORK IN THIS AREA) I A3/01 ' I I I 1 I I I I L A4/01 A5/01 A6/01 A7/01 FLOOR PLAN V SCALE:1/1 6'=1'-0' Page 2 of 9 Parkway Plaza 1 C I is Dallas Parkway Suite 100 Dallas Texas 75254 m I PM (872) 239-9994 Architecture / Development Fax. (972) 23e-5054 File Now Job No. Date sheet No. 1,o*1 C H I L S 5 9 4—S U N D A N C E S Q U A R E 041788.007 01 -20-04 A2 515 MNN SIRE FT. WOFIH, TX CANOPY & AWNING ENCROACHMENT - --i I Fm 11=1 FqE D �FRONT ELEVATION v 1 SCALE:1/1s•=1'-0' _ I . . - . - - .- - . - . J es.o.... � � ■eca�a� 02 E?-1 E ELEVATION /1e•=r—o• Page 3 of 9 lop Parkway Plaza 1 C I I� A Deltas Parkway Suit 1/�l Sulte 100 Dallas Texas 75254 Ph.(972) 239-8884 MBArchitecture / Development F°"'(972) 239-6034 FJk Now Joe No. Dote Sheet No. Project C H I L I S 5 9 4—S U N D A N C E SQUARE 041788.007 01-20-04 A3 515 MAN STREEY FT. WORTH, TX CANOPY & AWNING ENCROACHMENT M mm Of I I I �- - - U O U O I i� 01 AWNING a1 SCALE:1/4'=I'-0' Page 4 of 9 0 op Parkway Plaza 1 C I I DParkway Suit Suite 10000 Dallas Texas 75254 Ph. (972)238-8884 Architecture / Development Fox-(972) 239-6054 File Name Job No. Date suet Na. ftj-t C H I L I S 5 9 4—S U N DA N C E SQUARE 041788.007 01 -20-04 A4 515 MAIN SIRE Ff. WORTH, TX CANOPY & AWNING ENCROACHMENT CD L - - - - - - - - - - - - - - - - - it 0 v 0 o� i M @,-�—'AWNING 2 SCALE:1/4'=1'-0' Page 5 of 9 lop Parkway Plaza i CW'* Dallas Parkway Suite 100 Dallas Texas 75254 PM (972) 299-8884 Architecture / Development Fax. (972)299-5054 File Name: Job No. flute Sit No. Projmt C H I L I S 5 9 4—S U N D A N C E SQUARE 041 788.007 01-20-04 A5 515 MAIN STRE FT. WORTH, TX CANOPY & AWNING ENCROACHMENT � I I I O I I I L - - - - - - - - - m U O ¢U m O I n 01 AWNING n3 SCALE:I/4'=1'-0' Page 6 of 9 0 ell Parkway Plaza C 115 A Deltas Parkway Suit s�Ite goo Dallas Texas 75254 Ph-(872) 238-8884 Architecture / Development Fax.(972) 238-6054 File Name: Job No. Date Sheet No. Projmt C H I L I S 5 9 4-S U N D A N C E SQUARE 041788.007 01-20-04 A6 515 MAIN STREII FT. WORTH, TX CANOPY & AWNING ENCROACHMENT IL I ""- I I I � o I � L - - - - - - - - - - - - - - - U O U m O t-- i� I [D 01 AWNING �4 SCALE:I/4=1'-0" i Page 7 of 9 0 Op Parkway Plaza C101' 0 Dallas Parkway mu sults ,00 Dallas Texas 75254 Ph. (872) 239-8884 Architecture / Development Fax, (972) 239-5054 File Nome: Job No. We Sh"t No. Project C H ILI S5 9 4—S U N DA N C E SQUARE 041 788.007 01-20-04 A7 515 MAIN STRE FT. WORTH, TX CANOPY & AWNING ENCROACHMENT � I I o I � L - - - - - - - - - - - - - - - - - J - U O V O N I fT/ CO 01 AWNING m5 SCALE:1/4'=1'-0' [77- Page)8 of 9 Parkway Plaza I C I ' DallasParkway Suit Suite 1000 Dallas Texas 75254 Ph-(972)239-8884 Architecture / Development Fax.(972)239-5064 File Name: Job No. Nate Snell No. Project C H I L I S 5 9 4—S U N DA N C E SQUARE 041788.007 01-20-04 A8 515 MAIN STRE FF. WORTH, TX CANOPY & AWNING ENCROACHMENT 13'-9' TO BACK OF CURB 4'-O° i r i1 I 0 0 I ' � I 4 m ZD Q m CD 01 CANOPY SCALE:(/4•=1'-0' Page 9 of 9 DATE(MM/DD/YY) ACORDr. CERTIFICATE OF LIABILITY INSURANCE 04/01/2005 01/21/2005 PRODUCER LOCKTON COMPANIES OF DALLAS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 717 N. HARWOOD, LB427 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DALLAS TX 75201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 214-969-6700 INSURERS AFFORDING COVERAGE INSURED Brinker International, Inc. INSURER A: Westchester Surplus Lines Ins.Co. 1041325 Attn:Risk Management Dept. INSURERS: Liberty Mutual Insurance Group 6820 LBJ Freeway INSURER C:XL Insurance American,Inc. Dallas TX 75240 INSURER D: Please See Attached INSURER E: COVERAGES GG 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY I EACH OCCURRENCE F.—1,000,000 A X COMMERCIAL GENERAL LIABILITY SEW 776 878 06/23/2004 06/23/2005 FIRE DAMAGE(Any one fire $ 50,000 CLAIMS MADE FX I OCCUR MED EXP(Any oneperson) $ XXXXXXX X Liquor Liab Incl. PERSONAL&ADV INJURY $ 1,000,000 X Subject[o S.LR. GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG f 2,000,000 P - X RO POLICY PE LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 B X ANY AUTO AS2-691-004102-264 06/23/2004 06/23/2005 (Ea accident) ALL OWNED AUTOS BODILY INJURY i XXXXXXX SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ }{X}{}{xxx (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT i XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 C X OCCUR F7 CLAIMS MADE US00008067LI04A 06/23/2004 06/23/2005 AGGREGATE $ 1,000,000 UMBRELLA i XXXXXXX DEDUCTIBLE El FORM XXXXXXX RETENTION $ S XXXXXXX B WORKERS COMPENSATION AND WC7-691-004102-284(ID,WI) 06/23/2004 06/23/2005 }{ WC STA ER OTH- B EMPLOYERS'LIABILITY WA769DO04102-304(AOS) 06/23/2004 06/23/2005 E.L.EACH ACCIDENT $ 11,000000 E.L.DISEASE-EA EMPLOYE $ 1 00,000 E.L.DISEASE-POLICY LIMIT i 1,000,000 D OTHER PLEASE SEE ATTACHED 04/01/2004 04/01/2005 Please See Attached Property Boiler&Machinery DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDO RSEMENT/SPEC IAL PROVISIONS RE:CHIIA'S GRILL&BAR(1594(515 MAIN STREET,FT.WORTH,TX 76102).CITY OF FT.WORTH 1S NAMED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION M7472 2212246 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH 1000 fHROCKMORTON ST., MUNICIPAL BUILDING DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3(] DAYS WRITTEN FT.WORTH TX 76102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILtrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 5 ACORD 25-S(7/97) Fupus.U.-reg-dinpthbcwURcaq,wnwtteenumbernewInU.'Prod~­11"wowWd*Petlfyteedontcode'eR11Na+'. OACORD CORPORATION 1988 EXHIBIT B Page 1 of 2 ATTACHMENT FOR PROPERTY/BOILER AND MACHINERY CERTIFICATES TYPE OF COVERAGE INSURER POLICY NO. LIMITS Property Lexington Ins. Co. 8752996 $ 10,000,000 Boiler Hartford Steam Boiler 7318185 $20,000,000 Master ID : 1041325 Miscellaneous Attachment: M7472 01/21/2005 EXHIBIT B Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/5/2005 DATE: Tuesday, April 05, 2005 LOG NAME: 06CHILIS REFERENCE NO.: **C-20630 SUBJECT: Consent Agreement with Mark P. Thomas Authorizing Use of the Right-of-Way for New Canopy and Awnings for Chili's Restaurant at 515 Main Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement for signs and awnings for Chili's Restaurant at 515 Main Street. DISCUSSION: Mark P. Thomas, owner of the building addressed as 515 Main Street, has requested use of the right-of- way for installation for a new canopy and awning at Chili's restaurant at 515 Main Street. The purpose of the installation is to provide an updated look for the exterior of the restaurant. The Downtown Design Review Board approved this change via DG-04-042 on November 11, 2004. The Encroachment Committee has reviewed this request and has recommended approval. The encroachments are 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 blE Dale Fisseler (6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Logname: 06CHILIS Page I of I