HomeMy WebLinkAboutContract 29537 CITY SECRETARY
C,-)NTRACT 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 Blackstone Hotel Partners,
Limited Partnershp
acting herein by and through its duly authorized Vice President of Finance for
HRI Blackstone, Inc; General Partner
hereinafter referred to as "Grantee", Owner of the property located at
601 Main Street
Fort Worth, Texas ("Property") on behalf of Blackstone Hotel Partners, Ltd.
Partnership
hereinafter referred to as "Business", located at
601 Main St. , Fort 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 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:
sign projecting 36" from building over sidewalk on Sixth Street
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.
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
sum of
Four Hundred and Eighty Five and no/100 Dollars ( $485.00
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 601 Main St. , Fort worth, Tx . 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
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.
- � 'ir�p
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.
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EXECUTED this `/ day of 06 hrua , 2004-.
Blackstone Hotel Partners
CITY OF FORT WORTH, GRANTOR Limited Partnership , GRANTEE
By: / Cctrr By: G
Reid Rector, Asst. City Manager r
ATTEST: APPROV AS TO FORM AND LEGALITY
ity Secretary City Attorney
MA
Contract Authorization
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 Reid Rector, 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 l day of
20 c s/ .
f�P'�o` ROSELLA BARNES Notary Public in and for the
•• •• �:
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NOTARY PUBLIC*° *? State of Texas
State of Texas
l;oFf Comm. Exp. 03-31 2005
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STATE OF LOUISIANA §
PARIS OF ORLEANS §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Louisiana, on this day personally appeared Ronald G. Baptiste, Jr.
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
Historic Restoration, Inc., and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day
of , 200 /.
Notary Public in an:A495 the
State of Louisiana
My Commission Expires at Death
12
OPTION 1
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CENTER NEW
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SIGN OVER
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Certificate of
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time. NoWthstantfng any requirement,term or condition d any contract ct other doeumest Moth respect to which this cet;Mcate
2100 RiverEdge Parkway,Suite 1010 may be Issued or may perteln,the Insurance afforded by the pollees deecrlbed herdn Is subtect to al the terms,exdudans and
Atlanta,GA 30328 conoldons of sue+poldes
Insured DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
Marriott Internadonal,Inc,and Subsidiaries Courtyard Fort Worth Downtown/Blackstone
10400 Fernwood Road 601 Main Street
Bethesda,MD 20817 Ft. Worth,TX 76102
Attn:Dept 52/924.36(Insurance) Div/Unit#: Installation of sign on parking garage
31 INA Issue Date: November 202003
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®Occurrence Form American Home RM130W5953 10-1-03 10-1-04 $5,000,000 Location Aggregate
®Premises-0perations Assuran coCa $3,000,000 Producta/Gomp.OpsAgg.
®Products Completed Ops. ;2,500,000 Each Occurrence
®Contractual Liability $ 500,000 Ratenfion
®hTdependent Contractors
®Personal Injury
®Broad Form Prop.Damage
®Liquor Liability
Automobile Liability
®Comprehenelve Form Amerlcan Home TX: RMCA6612523 10-1-03 10-1-04 $2,000,000, Combined Single Umlt
IMHlred Assurance Ca
®Owned
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lxceno Liability
®Umbrella Form National Unlon Flre SE2860473 10-1-03 10.144 $8,000,000 Each Occurrence
Insurance Company $8,000,000 Location Aggregate
of Pittsburgh,PA $100,000,000 Pdlcy Aggregate
Em I errs Excess Indlornnity Insurance Texas
(A)Emptoyea Sonata American Home RMGL4805964 10-1.03 10-1-04 (A)Per Plan Benefit
Assurance Co.
(8)$2,000,000 Eads Accident
(8)Employers Llablllty
Special Conditions
Additional Insured: City of Fort Worth
Certlticate Holder Cancellation
Should any of the above described policies be cancelled or materially changed before
the explratlm date thereof,the lauing company vAll mall fig days written notice to
the CertlAcate Holder named toleft.
City of Fort Worth
1000 Throckmorton South
Fort Worth,TX 76102
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Authorized Representative
all NEVEBaE SIDE FOR DESIGNATION O/ADDITIONAL INSURED.
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time. Notwlthatandng any requirement,term or condition d any contract o-aha document wth respect to which this cert!ttcate
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Atlanta,GA 30328 candtons of s.hdm poldsa
Insured DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Marriott International,Inc.and Subsidiaries Courtyard Fort Worth Downtown/Blackstone
10400 Fernwood Road 601 Main Street
Bethesda,MD 20817 Ft. Worth,TX 76102
Attn:Dept 52/424.36(Insurance) Dlv/Unit#! Installation of sign on parking garage
31 INA ISSue Date: November 20 2003
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00ccurrence Form American Home RMGL4805953 10-1-03 10-1-04 $5,000,000 Location Aggregate
®Premlaes-Operations Assurance Co. $3,000,000 Products/Comp.Cps Agg.
®Products Completed Ops. $2,500,000 Each Occurrence
®Contradusl Liability $ 500,000 Retentlon
®Independent Contractors
®Personal Injury
®Broad Farm Prop.Damage
®Liquor Llabllity
Automobile Liability
®Comprehendve Form American Home TX: RMCA6611523 10-1-03 10-1-04 $2,000,000 Combined Single Limit
®Hlred Assurance Co.
®Owned
®Nan-Owned
Excess Liability
®Umbrella Form National Union Fire BE2860473 10-1-03 10-1-04 $8,000,000 Each Occurrence
Insurance Company $8,000,000 Location Aggregate
of Pittsburgh,PA $100,000,000 Policy Aggregate
Em to er's Excess IridunninitlF Insurance Texas
(A)Employee Benetlt American Home RMGL4805954 10-1.03 10-1-04 (A)Per Plan Beneft
Assurance Co.
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(B)Employers Uablity
Special Conditions
Additional Insured: City of Fort Worth
Certificate Holder Cancellation
Should any of the above described policies be cancelled or materially changed before
the explratlon date thereof, the Issuing company will mall f& days written notice to
the Certlticate Holder named to left.
City of Fort Worth
1000 Throckmorton South -r
Fort Worth,TX 76102
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Authorized Representative
SEE MRRS!SID!rdl PL11AWATIOa OF AMMOMAL IN SURM
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/27/2004
DATE: Tuesday, January 27, 2004
LOG NAME: 06MARRIOTT REFERENCE NO.: **C-19946
SUBJECT:
Encroachment in Right-of-Way: Consent Agreement with Blackstone Hotel Partners, L.P.
Authorizing Use of the Right-of-Way for Proposed Sign in the 100 Block of East 6th Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Consent Agreement with
Blackstone Hotel Partners, L.P. authorizing use of the right-of-way for a sign in the 100 block of East 6th
Street.
DISCUSSION:
Mr. Ronald G. Baptiste, Jr., Vice President for HRI Blackstone, Inc., General Partner for Blackstone Hotel
Partners, L.P., has requested permission to use the right-of-way for installation of a sign. The sign will be
located above the entrance to hotel parking in the 100 block of East 6th Street. The sign will project three
(3) feet from the building, and the bottom of the sign will be approximately 18-inches above an existing
horizontal sign. The purpose of the sign is to provide additional visibility for the entrance to hotel parking.
The Downtown Design Review Board approved the sign and three (3) foot projection on September 5,
2002.
The Encroachment Committee recommends approval of the encroachment application.
The sign 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 Cid Manager's Office by: Reid Rector (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 06MARRIOTT Paae 1 of 1