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HomeMy WebLinkAboutContract 51956 CITY R70RETARY CCiv Hv,i.w. PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT COMMERCIAL THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Department Director, and Bell Helicopter Textron Inc., a(n) corporation ("Licensee"), owner of the real property located at 3255 Bell Flight Blvd, Fort Worth, Texas 76118("Property"), acting by and through its duly authorized Manager Facilities Business Planning& Development Manager. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way(individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of boring two lines under city street for security cameras (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s) attached hereto. RECEIVED jff� 'CIAL RECORD FEB 2 1 2019 :SECRETARY CITY OF FORT WORTAOW Encroachment Agreement-Commercial �efdeWA*,CITYSECRETARY TX 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, 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 the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and ROW Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 restore the Public Right-of-Way, Licensee hereby gives City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Public Right-of-Way to be used and encroached upon is held by City as trustee for the public; 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 Texas 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 Public Right-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, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 9. LICENSEE 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE 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 LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES,OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is 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 $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty(30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and 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 the Encroachment and the cleaning and ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee 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 Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee 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. 14. Licensee 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 Licensee 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 Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the Public Right-of-Way, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. ROW Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY O T W TH Bell Helicopter Textron Inc. By: VW4 By andle Harwood, Director N e: R rtin Planning& Development Title: Manager Facilitie usiness Planning & Development Manager Date: Z- -/ ( Date: V_?5 L�ol By: Name: Title: Date: ATT T: Approve ' As To Form and Legality .,�0 City Secret ;� 'Trey Qualls �;* Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial FTMORVA,TX Revised 12/2018 • 1 1 / / 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 Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he 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 thisaday of 20 . ILIINI� JENNIFER LOUISE EZERNACK is +'s Notary Public,State of Texas otary Pu 'n and for e State of Texas S�,:. Comm.Expires 03-01-2020 Notary ID 130561630 After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial FL WCC c1 2 Revised 1/2018 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of a"A 5 , on this day personally appeared Ryan T. Martin, Manager Facilities Business Planning & Development Manager (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Bell Helicopter Textron Inc., a corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 l a Notary Public in and for the State of fA 5 i4 '` •; CHERI L.THOMPSON I My Notary iD#1866485 Expires October 17 2020 OFFICIAL. "F�� CI SFCRETA, �� T URTH, -rX ROW Encroachment Agreement-Commercial Revised 12/2018 EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Exhibit A ST B4 ay 10) - - � - E Texas Notes: Cross in concrete set Alignment Point I Surveyed on the ground on December _ — 71� xof Commencing �I 13, 2018. Source of bearings is Lot 1, Block 4, LU zT/C LU I 512.1 Z Grid Bell Helicopter Industrial Park >- TSG511.8 SU6.4 (Volume 388-189, Page 84, P.R.T.C.T.) GndX Q 512.8 X IQ s1s.1 � as monumented. �I w o x Source of elevations if the City of Fort =00H = � I= b Worth Benchmark No. 8704(On Inlet a¢ v o I on the east side of Bell Flight Blvd.0.3 Q �� oF o U �' o x Y mi north of Trinity Blvd)found as a Wy; LU Proposed Bore Alignment I w published. Elevation 490.407 H Alignment Point >'C > Grid] w of Beginning 5 S 89047'59" E I 505.1 Q � 7 80.00' I`o O a Grid' `' _____X_____ A ignment Point Symbol Legend a 512.2 Tic TSP Tic j Q Terminus aW, w 510.6 510.2 509.9 0 .9 p Telecom Access Cover x� Telecom Riser/Marker OC) 00 00 a 00 o I Traffic/Parking Sign o LA ,� w 121 o� a —x Center of Fence x ] o tc x y � —oH�—Overhead Utility Line O C --- —�..,-....-........ ........_.__..►i > m p_ TQC TSP T/1 X ind Grid GndX I 508.5 508.5 508. 08.2 503.5 509.8 X _ OFco T .......... .....�°.: .. = 1/2""MILLER 5665" ti Ei capped steel rod set JASON B.RAWLINGS ................................. ca o o 5665 P:Q r< ro 0 9 es s , -1 r< , U wwZo � _+— z,� -° 4 Lr) a tb 1.4 o � � W o W �" ami �MILLER Do � � w V) Ln 5/8"steel Surveying, InCE J C I rod found Commercial • Residential • Municipal 430 Mid Cities Blvd. 817-577-1052 W I Hurst, Texas 76054 TxLSF No. 10100400 millersurvey.net 0 40 80 120 Survey Exhibit Sheet 1 of 2 Graphic Scale in Feet 1" = 40' Job No. 17062 • Plot File 17062 Bell Flight Bore Exhibit Exhibit A FIELD NOTE DESCRIPTION OF AN ALIGNMENT FOR A PROPOSED BORE TRAVERSING BELL FLIGHT BOULEVARD FORT WORTH, TEXAS Being an alignment in the R. P. Barton Survey, Abstract No. 176, situated in the City of Fort Worth, Tarrant County,Texas, having been surveyed by Miller Surveying, Inc. of Hurst,Texas in October of 2018, said alignment traversing a portion of Bell Flight Boulevard, an eighty foot(80') public street right-of-way, the center of said alignment being more particularly described by metes and bounds as follows: Commencing at a cross in concrete set for the intersection of the westerly boundary line of said Bell Flight Boulevard and the southerly right-of-way line of E Hurst Boulevard (Texas Highway 10), said cross being northeast corner of Lot 1, Block 1, Bell Helicopter Industrial Park, an addition to the City of Fort Worth,Texas according to the plat thereof recorded in Volume 388-189, Page 84 of the Plat Records of Tarrant County,Texas;Thence South 00 degrees 00 minutes 18 seconds East with the easterly boundary line of said Lot 1 and with said westerly right-of-way line a distance of 101.41 feet to the POINT OF BEGINNING OF THE ALIGNMENT DESCRIBED HEREIN from which a 1/2 inch "MILLER 5665" capped steel rod set for an angle point in said easterly boundary line of Lot 1 bears South 00 degrees 00 minutes 18 seconds East at 354.29 feet; Thence South 89 degrees 47 minutes 59 seconds East, traversing the full width of said Bell Flight Boulevard right-of-way a distance of 80.00 feet to the POINT OF TERMINUS OF THE ALIGNMENT DESCRIBED HEREIN, said alignment being intended to span from the westerly right-of-way line to the easterly right-of-way line of said Bell Flight Boulevard. I I, Jason B. Rawlings, Registered Professional Land Surveyor No. �MILLER 5665 in the State of Texas, certify that this plat represents an accurate survey made on Surveying, Inc. the ground under my Commercial • Residential • Municipal supervision on December 13, �r. ......r y 430 Mid Cities Blvd. 817-577-1052 2018 of the alignment Hurst, Texas 76054 TxLSF No. 10100400 described herein, and that the A boundary lines, corners and -_ cs t - millersurvey.net � dimensions shown herein are as indicated. SurveyExhibit Sheet 2 f 2 o Job No. 17062 9 Plot File 17062 Bell Flight Bore Exhibit Exhibit A IAOOZ� 4: NEDDERMAN &ASSOCIATES INC. 8610 KING GEORGE DRIVE SHEET NO. of DALLAS,TEXAS 75235 p CALCULATED BYeI4114 /5p4f4&4^,DATE 41h (214) 351-0882 FAX(214 351-3389 CHECKED 8Y WE a_ - - 5�7 OT4 4 7 IV w SCALE AL I L_A............. ........... 4 4 ........... .......... ................. .......... .............. ........... 4 i z .......... ......... ...... -4 ff .......... 2'[t ON c V 4, ........... F T .......... F. .......... 17 ............ .... ...... ............... ........... .......... V . .... ........... ............ ZO i. .......... .......... 1169f Vow. k4a ........... .......... .......... ............. ............ ................... s. Exhibit A z OW w Z gg 9 Z 0 0 z mo uQi alai w W, :Z,w 1.11 pal I III I I 1 11 1111IM11117117111111111711111 III Mill CA' All 1111111111111 X3NNVISV3 -13H 1139 CIA118 U3..dO 7 LL� 4. Cn o o w ;r Ull CD EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 11 of 12 Revised 12/2018 Exhibit B DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I 02/13/2019 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(ies)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 I�°S certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT '06 Aon Risk Services Northeast, Inc. NAME: Boston MA Office (NCNNo.Ext): (866) 283-7122 AIC.No.: 800-363-0105 53 State Street E-MAIL Suite 2201 ADDRESS: _ Boston MA 02109 USA INSURER(S)AFFORDING COVERAGE NAIC M INSURED INSURER A: Zurich American Ins CO 16535 Textron Inc. and INSURER B: American Zurich Ins Co 40142 Bell Helicopter Textron Inc. 3255 Bell Flight Boulevard INSURER C: Westminster Ins Co. 0094AL Fort worth Tx 76118 USA INSURER D: National Union Fire Ins Co of Pittsburgh 19445 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570075069117 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 MMIDDIYYYY MM/DDIYYYY POLICY EFF POLICY EXP LIMITS C X COMMERCIAL GENERAL LIABILI3441GLUS019 ui/ui/2ui!j oi/ui/2020 EACH OCCURRENCE $5,000,000 CLAIMS-MADE X❑OCCUR GENERAL LIABILITY $5,000,000 PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE � X POLICY ❑JECOT- ❑LOC PRODUCTS-COMP/OP AGG t` OTHER: Products-Comp/Op $5,000,000 0 r` A AUTOMOBILE LIABILITY BAP 4020209 04 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT Ea accident $3,000,000 X ANYAUTO BODILY INJURY(Perperson) Z OWNED SCHEDULED BODILY INJURY(Per accident) y AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident) - 0 d D X UMBRELLA LIAB X OCCUR 28295046 01/01/2019 01/01/2020 EACH OCCURRENCE $1,000,000 U UMBRELLA AGGREGATE $1,000,000 EXCESS LIAB CLAIMS-MADE SIR applies per policy terns & conditions DED I X RETENTION B WORKERS COMPENSATION AND wC402021004 04/01/2018 04/01/2019X STATUTE ORH A EMPLOYERS'LIABILITY YIN WC402021104 04/01/2018 04/01/2019 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— A Excess WC EWS402021204 04/01/2018 04/01/2019 EL Edch Accident $1,000,000— SIR applies per policy terns & condi ions EL Disease - Policy $1,000,000 EL Disease - Ea Emp' $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ZJ City of Fort worth & will Rogers Memorial Center its officials, employees, agents and officers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. As respects General Liability policy number 3441GLUS019, Aon Risk Solutions (U.S.) is generating and distributing this certificate in an administrative capacity. Coverage is Independently Procured by the Insured. Aon Insurance Managers is the insurance manager and/or authorized representative. y� 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. city Of Fort worth AUTHORIZED REPRESENTATIVE Planning & Development - CFA office 2019-00001 �, ,l� �1�/�+ 200 Texas Street r�9C t 3G+ c// rde J _ Fort worth TX 76102 USA c��y s,rtrAsa ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds Legal Description of the Properly ROW Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 Exhibit C O�LE 0 - - � STB, w ay 1 ) �.�R �lg� - - � XaS — / �Te r — Notes: Cross in Alignment Point Surveyed on the ground on December concrete set g 1 ?x-- -'wr of Commencing 13, 2018. — wiLU I Source of bearings is Lot 1, Block 4, JI 512.1 Z Gnd Bell Helicopter Industrial Park T/C T/p J 506.4 (Volume 388-189, Page 84, P.R.T.C.T.) GndX Q 512.8 x511.8 I4 as monumented. 515.1 �I O i �1 w v o x o Source of elevations if the City of Fort iT co Is a Worth Benchmark No. 8704 (On Inlet aQ, U o 0 1� on the east side of Bell Flight Blvd. 0.3 F" o C o x _L mi north of Trinity Blvd) found as C� wi w i� r- wqi Proposed Bore Alignment w � published. Elevation 490.407 E� Alignment Point X11 I> Gnd x w of Beginning R S 890 47 59„ E I M 505.1 Gnd 80.00' !A ignment Point Symbol Legend 0, �...w����� T/C T/C T T/C Q Terminus ti W 12.2❑T i 510.6 5ia.2 509.9 0 ,9 I] Telecom Access Cover 00 LU a, - I X�, L Telecom Riser/Marker 00 i U T'r, I LE Traffic/Parking Sign a w o in ” Center of Fence W o O 1tr a c x s o i Xs —OHU—Overhead Utility Line a U) M T/C T/p T/C C�nd Gnd GndX 1 508.5 508.5 508. 08.2 503.5 Z 509.8 X - OF a� Al . T ,�P.••�•�srF. F-1,9 a� ( I CO;e- �o•.•u' = 1/2""MILLER 5665" ti f JASON B.-RAWLINGS capped steel rod set F�j a / 5665 80 FFss�0'y° SUR�� +— ,� ►� ca O U t z 1-1 1-,I W � 0 = WMILLso o �' o C: Ln o 0 E R L#2Lo 5/8"steel d, Surveying, Inc. wwc I rod found Commercial • Residential • Municipal O r 1 430 Mid Cities Blvd. 817-577-1052 `y Hurst, Texas 76054 TxLSF No. 10100400 millersurvey.net 0 40 80 120 Survey Exhibit Sheet 1 of 2 Graphic Scale in Feet 1 = 40 Job No. 1.7062 • Plot File 17062 Bell Flight Bore Exhibit