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HomeMy WebLinkAboutContract 35489 NOTICE OF MERGER City Secretary Contract Nos. 29737; 34361; 34362; 35489; 37891; 37998; 41040; 41352; 41738 THIS NOTICE OF MERGER (the "Notice") is being delivered to THE CITY OF FORT WORTH, a Texas home-rule municipal corporation (the "City") by SUNDANCE PLAZA PROPERTIES LLC, a Texas limited liability company ("Sundance") as of the 16"' day of December,2016. 1. The City entered into those certain Right of Way Encroachment Agreements set forth on Exhibit "A" attached hereto (collectively, the "Encroachment Agreements") with Sanguinet Building, L.P., a Texas limited partnership ("Sanguinet") and The Carnegie Building, L.P., a Texas limited partnership ("Carnegie"). 2. Pursuant to that certain Certificate of Merger filed December 5, 2016 and recorded as Instrument No. D216283511 in the Real Property Records of Tarrant County, Texas, Sundance is the successor-in-interest by merger to Sanguinet and Carnegie. 3. Sundance hereby notifies the City of the merger and acknowledges that Sundance (as successor-in-interest by merger to Sanguinet and Carnegie) is now the "Grantee"under the Encroachment Agreements and delivers updated Certificates of Insurance for Sundance for the Encroachment Agreements attached hereto as Exhibit"B". SUNDANCE: SUNDANCE PLA P PERTIES LLC, a Texas limited lia I' pany By: Jo n Ca p President CSC Nos. 29737;34361;34362;35489;37891;37998;41040;41352;41738 Notice 1 EXHIBIT "A" ENCROACHMENT AGREEMENTS 1. Consent Agreement for Signs, City Secretary Contract No. 29737, filed on May 21, 2004 and recorded as Instrument No. D204157605 in the Real Property Records of Tarrant County, Texas, 2. Consent Agreement for Signs, City Secretary Contract No. 34362, filed on December 29, 2006 and recorded as Instrument No. D20641 1 3 1 6 in the Real Property Records of Tarrant County, Texas, 3. Consent Agreement for Signs, City Secretary Contract No. 34361, filed on December 29, 2006 and recorded as Instrument No. D20641 1 3 1 5 in the Real Property Records of Tarrant County, Texas. 4. Encroachment Agreement, City Secretary Contract No. 35489, filed on July 13, 2007 and recorded as Instrument No. D207245083 in the Real Property Records of Tarrant County, Texas. 5. Encroachment Agreement, City Secretary Contract No. 37891, filed on November 7, 2008 and recorded as Instrument No. D208420633 in the Real Property Records of Tarrant County, Texas. 6. Encroachment Agreement, City Secretary Contract No. 37998, filed on December 5, 2008 and recorded as Instrument No. D208446758 in the Real Property Records of Tarrant County, Texas. 7. Encroachment Agreement, City Secretary Contract No. 41040, filed on November 12, 2010 and recorded as Instrument No. D2 1 028 1 603 in the Real Property Records of Tarrant County, Texas. 8, Encroachment Agreement, City Secretary Contract No. 41352, filed on January 21, 2011 and recorded as Instrument No. D211017977 in the Real Property Records of Tarrant County, Texas. 9. Encroachment Agreement, City Secretary Contract No. 41738, filed on May 6, 2011 and recorded as Instrument No. D21 1 1 07372 in the Real Property Records of Tarrant County, Texas, CSC Nos.29737;34361;34362;35489;37891;37998;41040;41352;41738 Notice 2 EXHIBIT "B" CERTIFICATES OF INSURANCE (see attached) CSC Nos.29737;34361;34362;35489;37891;37998;41040;41352;41738 Notice 3 DATE(MM/OD/YYYY) ,a►�Ro CERTIFICATE OF LIABILITY INSURANCE I 12/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on ;,... this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER CONTACT NAME: Aon Risk Services southwest, Inc. PHONE (817) 810-4000 FAX (817) 339-2019 `m Fort Worth TX Office (AIC.No.Ext): A/C.No.: p 301 Commerce Street E-MAIL 0 suite 2370 ADDRESS: _ Fort worth TX 76102 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 Sundance Plaza Properties LLC INSURER B: 201 Main street, Suite 2700 Fort worth Tx 76102 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570064749274 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDlYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CP03981525-13 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE x OCCUR PREMISES Ea occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 $2,000,000 m N GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE v POLICY [—]PRO FX_l LOC PRODUCTS-COMP/OP AGG $2,000 JECT o 0 OTHER: N COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident ,. ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) .d-. AUTOS ONLY AUTOS PROPERTY DAMAGE V HIRED AUTOS NON-OWNED Per accident) w- ONLY AUTOS ONLY N UMBRELLA LIABOCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE EORH E.L.EACH ACCIDENT ANY PROPRIETOR/PARTNER I EXECUTIVE OFFICERIMEMBER EXCLUDED? F NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Contract# 35489 Certificate Holder is included as Additional insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability policy. �yl� L7� CERTIFICATE HOLDER CANCELLATION '!= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. t_ City of Fort Worth AUTHORIZED REPRESENTATIVE 1000 Throckmorton Fort Worth TX 76102 USA t t % x ns �� G 'L r�k ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ENCROACHMENT AGREEMENT 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 The Carnegie Building L.P, a Texas limited partnership, acting herein by and through its duly authorized general partner Carnegie Building Genpar L.L.C., a Delaware limited liability company, hereinafter referred to as "Grantee", owner of the north half of Block 76, Original City Addition to the City of Fort Worth, Texas, located at 500 Taylor Street ("Property"). 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 construct/install and allow to remain improvements that include certain features that encroach upon, use and/or occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way, such improvements are described as follows: Trench across Taylor Street to bury five (5) lines of conduit to connect data/telecommunications and other networking cable from The Chase Bank Building to The Carnegie Building, also referred to as the Grantee. The cut will be east to west across Taylor Street as shown on the attached drawings. Work time and traffic control will be approved by the City Traffic Engineer at the time a Street Use Permit is issued. The location and description of said Improvements are more particularly described in Exhibit "A", attached hereto and incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvements 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. 2 Upon completion of construction and installation of said Improvements 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 as shown on 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 Improvements 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 Improvements 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. 3 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 Improvements 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. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 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 Improvements 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 and the Grantee fails to remove the Improvements, Owner hereby gives City permission to remove the Improvements and any supporting structures and assess a lien on the Property for the cots expended by the City to remove such Improvements. 9. It is further understood and agreed upon between the parties hereto that the public rights-of-way, alleys, sidewalks ("public right-of-way") to be used and encroached upon as described herein, are held by City as trustee for the public; 4 that City exercises such powers over the public right-of way 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 public right-of-way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Improvements and the public purpose. 10. Grantee understands and agrees that the granting of any Improvements 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 Improvements and uses. 12. 5 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. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID 6 IMPROVEMENTS AND ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART; BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS 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 THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 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 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 Improvements and the cleaning and restoration of the City streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 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 Encroachment 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 attorneys' fees. 18. 8 Except in connection with the sale or mortgaging of the Property, 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! day of City Grantee City of Fort Worth The Carnegie Building, L.P., a Texas limited partnership By: Carnegie B di Genp r L.L.C., its gener a r By: By: ale Fissel , Name: Jo ny c ell Asst. City Manager Title: na er ATTEST: Approved As To Form And Legality , Akk .',i City Se etary Assistant City Attorney contract uthoriZatio$ Date io ���� JV�i�1L��i ti 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. JGIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20J. ANA 1.sRisENo k Notary Public,State of Texas My Com mission Expires otary Public in and for the March 07,2011 State of Texas 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 �/o ✓Ny CP/�EGG 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 of Carnegie Building Genpar L.L.C., a Delaware limited liability company, general partner of The Carnegie Building, L.P., a Texas limited partnership, as the act and deed of said limited liability company and said limited partnership.. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisaI 011 day of 20t77 . Notaryblic in and for t State of Texas los WY pt, CHERYL W MION C GOA ERY {_ NOTARY PUBLIC N� P STATE OF TEXAS Gr MY $y.`tl,03-27-2808 S 12 ■� - d;= : :G! stege .gg� -' 3 s•� �+ dCD .3 n Ilk,a�� -1 �"i�� :l ev � �2a$ ;�e�p� ��ea x ■ a m ® a Hilt 3,a_■d 38N 14 :1"t = e Ig a 1 fC 1 i a§� s 5�aa ayea e'age ekaa aYfse f I iCAR70 a vl - : s - 3 • 1 ' _.a—f_e.a— $�—. _-- 1 l ...-•I /.2-5-uli f•'' - '.` . ,,,777 •42 g� t 4 rc r n 3 Gz5 aa^ O g ey :`.<r15.r3�r5 - _ a9 a a hke _ ..afi�a W ('� aaa9�c $?84„ g a:$Umg�neryNa W I +1 •+ p ” '�hpi Maga n - �.,3$Bh�E s"- 1 z se sa 2 ea 2�8 - - eUH _4- AEp€ f �2 _ mg d i�`.i3£i i '3�$ ga-M $�31� S� O =� 1 • ilk W � _� � 0° - 3 i ° 1 d I ' � j i• �ay�y��9m ` ' yah a M . z as p § ��� �s�"k a.`, �a�p. �a > p�� �t � •� @l z s � aed a o aaaa <eac$ qa Mal %4EW 8x .j a •�C I ACORDTM CERTIFICATE OF LIABILITY INSURANCE ;DATE(MM/DD/YY) ' 04/20/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services of Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 301 Commerce street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR suite 2101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76102 COMPANIES AFFORDING COVERAGE COMPANY Zurich American Ins Co s PHONE- (817) 810-4000 FAX- (817) 339-2019 A INSURED COMPANY a The Carnegie Building, L.P. B 201 Main street, suite 2700 Fort Worth TX 76102 USA COMPANY c COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) d A GENERAL LIABILITY CP0398152504 04/01/07 04/01/08 GENERAL AGGREGATE $2,000,000 )( COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $2,000,000 n r CLAIMS MADE OCCUR PERSONAL&ADV INJURY $1,000,000 C OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 t� FIRE DAMAGE(Anv one fire) $1,000,000 MED EXP(Any one person) $5,000 Z a: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY L SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE -L EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WC STATU- OTH- . WORKER'S COMPENSATION AND TORY LIMITS _ _FIR EMPLOYERS'LIABILITY EL EACH ACCIDENT THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE �i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ti Re: Encroachment Permits City of Fort worth is included as an additional insured as required by written contract subject to policy .�. exclusions, conditions and limitations tJ CERTIFICATE HOLDER CANCELLATION �7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i._ City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1000 Throckmorton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fort worth TX 76102 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 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Mai vn 2M Ew8 •63 M sw> 1 s 133?11S?107�1�1 0 55 SS S vaFi G x -ss �Km TI I o zm 3 V ; IO1Vn 21 i13lYA 2� M M M • � e e od Sao ui, 3 - os� w rod s. t- � � e Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/19/2007 DATE: Tuesday, June 19, 2007 LOG NAME: 06CARNEGIE REFERENCE NO.: **C-22186 SUBJECT: Authorize Execution of a Consent Agreement with Carnegie L.P., Authorizing Use of the Right-Of- Way for the Installation of Data and Communications Lines across Taylor Street to Service the Carnegie Building Currently Being Constructed at 500 Taylor Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard consent agreement with Carnegie Building L.P., for the installation of data and communications lines. DISCUSSION: Johnny Campbell, Managing Director for Carnegie Building Genpar L.L.C. has requested use of the right-of- way for the installation of five conduits to connect data and communications services to the new Carnegie Building currently being constructed at 500 Taylor Street. Five conduits will be trenched and buried across Taylor Street in order to carry data and communications lines from The Chase Bank Building to The Carnegie Building. The cut will be east to west across Taylor Street. Work time and traffic control will be approved by the City Traffic Engineer at the time a Street Use Permit is issued. 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 b Dale Fisseler (6140) Originating Department Head: Fernando Costa (8042) Additional Information Contact: David Schroeder (2239) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/3/2007