Loading...
HomeMy WebLinkAboutContract 37998 (2)�jv'U ETARY993 . 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: 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, 7 sidewalks and other public rights -of -way, such improvements ("Improvements") are described as follows: Trench across Tavlor Street to bury 3-3" and 4-1" lines of conduits to connect the Building. These conduits will be encased in concrete and wil! have a steel plate to cover them all as shown on the drawings. The cut will be East to West across Tavlor Street as shown. The location and description of said Improvements are more particularly described in Exhibit "An, attached hereto and incorporated herein and made a part hereof for al! purposes. 2. All construction, maintenance and operation in connection with such Improvements shall be performed in strict compliance with this A,greerr�ent 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 V1/orks, 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 Improvements and thereafter, there shall be no encroachments in, under, on or above the 2 surface area of the streets, alleys, sldewalks and other public rights -of -way involved, except as described herein and as shown on Exhibit "A". CIw 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 apprc►val and consent from the utility companies and the appropriate agencies o1P 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 Hof such Improvements and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the ®irector 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. 3 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 %J the Improvements and uses provided for by 1.111is Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of Five Hundred and Thirty Five Dollars ($535)a 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. 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 lmprovemen#s encroaching in#o 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 costs 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; 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 nglor 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. 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. s 13. Grantee covenants and agrees that it shall aperate hereunder as an 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 afficers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be consi:rued as creating a partnership or joint enterprise between City and Grantee. 14. IIEREBY INDEMNIFY, HOLDHARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OF'FICPALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY ARISING OUT OF OR IN CONNECTION WITH, THE COrJSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENTS AND ENCROACHMENTS AND USES GRANTED THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, C !lVVtTEEs. 15. dlVhile this Agreement is in effect, Grantee agrees to furnish City with a Certifcate 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 (101 days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance its 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. 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 E3 or designee. Any attempted assignment without prior written approval will be THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION THIS AGREEMENT. This Agreement shall be binding upon the parties hereto, their successors and assigns. 0 EXECUTED this ISM day of 20NA City City of Fort Worth By: Fernando Costa, Asst. City Manager ATTEST: :Ont,: act Authorizatiom Date Grantee The Carnegie Building, L.P., a Texas limited partnership Carnegie its aenec By: Name: Title: Genpar L.L.C., roved As To Form And Legality Assistant City Attorney io 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 Fernando Cosia, known to me to be the person whose name is subscribed to the foregoing in�ItrumentI 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. GIVE UNDER MY ND AND SEAL OF OFFICE this o?.5/ ciay of 20 0. ,P«�, MARlA S. SANCHEZ NOTARY PUBLtC STATE OF TEXAS or }� My Comm. Exp.12.lQ009 I1 c� Notar Public in and for the State of Texas STATE OF TEXAS § tate of on day personally appeared s � nown to me to be - 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 otk k _ 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.. C;I\/FN 1 INI7FR MY HAND AN1� SFAI (1F C?FFIC F Chic ` riRV of yy , 20 Q` . O�AC9E OEP�S STATE OF TEXAS 4� Y Comm. Exp. 1 1-16-2009 12 Ion .tary Public in and for - - •Texas Exhibit 66A„ (to be attached] 13 ExHUM 6f 099 [to be attached] 14 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 19, 2008 LOG NAME: 06500CARNEGIE REFERENCE NO.: �`*C-22975 SUBJECT: Authorize Execution of an Encroachment Agreement in the Amount of $575.00 with The Carnegie Building, L.P., Authorizing Use of the Taylor Street Right -of -Way for the Installation of Underground Conduit to Install Emergency Generator Lines to Service the Carnegie and Chase Bank Buildings RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment agreement in the amount of $575.00 with The Carnegie Building, L.P., for -the installation of underground conduits beneath the Taylor Street right-of-way. Tile Carnegie Buiidiiig, L.r., has requested use of the public right-of=way for the instaiiation of three 3-inch and four 1-inch conduits to install emergency generator feeders beneath the Taylor Street right-of-way to service both the Carnegie and Chase Bank Buildings. The Encroachment Committee, consisting of staff from Transportation and Public Works, Water, and Planning and Development has reviewed and approved the proposed trench which will cut east to west across Taylor Street. The conduits will be encased in concrete with a steel plate covering. The fee for the privilege granted by this agreement will be $575. The term of the agreement will be 30 years. The subject property is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Planning and Development Department is responsible for the collection and deposit of these fees due to the City under this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 421232 0062000 575.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6140) Susan Alanis (8042) David Schroeder (2239) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/1/2008 Page 2 of 2 http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 12/1/2008 SANGUINET BUILDING BASEMENT DOTE . yy 3RD STREET E CALL BEFORE YOU DIG UNDERGROUND SERVICE ALERT 72 HOURs NOTICE REQUIRED. CALL:1-800- 545-6D05 I FAA a IF IF I CAUTION: CONTRACTOR TO LOCATE & VERIFY ALL EXISTING UTILITIES �j PRIOR TO CONSTRUCTION " 11 IF tip A p;,", At IV CA At I W MATERIAL LIST DESCRIPTION I w u A saVA iiiiIapV Aji u.+wrvr C & ASSOCIATES T�IyLOR STREET DETAIL' I BUILDING N.T.S. I Fir ``;., .:WARMNGAPE IF 'a ,;lot IV tip I I . I AV LL Z JZN t oLLo ; litAV pox: 3. '.F-. V Q•. ' Z ta r.:. w} '. VARIES FROM 7' TO 9' p. IV1 :I yVgRN1fVG TP PE I 3-3" PVC 1 /4" STEEL ; -;. 3-3 PVC CONDUITS PLATE i'" ` FOR 480 VOLTS FOR EMERGENCY FEEDERS fR0 THE CHASE BLDG. M H B (( TO CARNEGIE LDG. EXISTING EXISTING 3 3" PVC • 1-2" PVC \/ . :T :.y.1 : .ti < .:•:.: IF .l.' . -i�. V e: .: r. �' , .. 4 PVC ..-.:�,.;.::- .,... . , • ...,. •. EXISTING.: '�,:' ...: •....... .... .. -1 EXISTING;`::::i•: ;. 1-4" PVC 6. MINIMUM COVERAGE' `..:. 4-1 PVC FOR CONCRETE ENCASEMENT•, "'• ON:NEW CONCRETE I20VOLTSHUNI 4.... J ~;:: •: ENCASEMENT 3000 PSI aRcurr ;. TRIP BREAKER 3RD STREET FORT WORTHI TEXAS CARNEGIE BUILDING CONNECT 3RD STREET FORT WORTH, TEXAS I APPROVALS � DRAWN BY A.TOR10 DATE A DESIGN COORD. DATE PROJECT SUPV. DATE OPERATIONS DATE REVISIONS NO, DESCRIPTION DATE p m DRAWING DATA HOR. SCALE: i"=zo• F.B.: FIELD_BOOK VERT. SCALE: N.T.S. PROJECT ID: PID_NUMp File No.: oao87PV01.DWG DATE: PHASE_DATE APPROVERS TITLE CONTAINS CONFlDEHTIAL MFORMATIDN WHICH 15 THE 0 8 0 8 7 P V 01 PROPERTY OF ALPHEUS COMMUNICATIONS DO NOT DISCLOSE 1D THE PUBLIC. i 1 I I I I I I I I I I NEW ALTERNATE EMERGENCY SYS DIST. PANEL tMOVE 3'a AND (Q 2'C. TO SANGUINET DING NEW Book FUSE SWITCH. 20C. OUT FROM UNDER SWITCH AND INSTALL 6'x6'x4' J-BOX. n CARNEGIE BUILDING MAIN ELEC. RM. y/dR = V,0 (3)3•C. EACH W/41300KCN, 112/00. TD NEW 800AMP. DISTRIBUTION BOARD IN THE MAIN ELECTRIC RN. 0 ME CARNEGIE BUILDING. V�l Oil PROVIDE 6'x9' PLAQUE STATING •EMERGENCY PUSH BUTTON FOR SHUT DOWN OF ALTERNATE GENERATOR SERVICE FROM SANGUINET BLDG' AT 420 THROCKMORTON STREET. THIS �.� ALTERNATE GENERATOR DOES NOT SERVE LIFE SAFETY SYSTEMS. ARE CONTROL RM �E%iENOED FROM,(1) 3'0 7E12,1112G.,1•C TO EMERGENCYRUSN BlfEON IN FlRE cDNRroL Roou. PoWER MANHOLE CORE DRILLED 3-3• HOLES 1-2• HOLES ) I-4' HOLES STEE3L PLATES LINK SEALED EACH CORE HOLE INSIDE AND OUTSIDE. -(J) 3' PVC CUT OFf AND CAPPED. SANGUINET EXISTING i200A � 3o_4w BuswnY. - CARNEGIE BLDG. EXISTING CABLE _ EXISTING (3)4'C. YAP BOX % EACH W/41600KCM, PROVIDE AN ADDRION SET OF LUGS FOR (4) SEE ENLARGED EXISTINGROOM LMIMUMLENGM 600KCM $ (1) 25DKCM G. FOR SERVICE BACK TO NEW BOQA FUSED SWITCH. MAIN ELECTRICAL PLACED COMMUNICATIONS ROOM DETAIL 12 4'x4'x4' MANHOLE (3)4'C. EACH W/4t6DOKCM, ON THIS SHEET. w/ID' FRAME k COVER. 1}25OKCN G. 2112,1412C.,3/4•C. i0 8KR. 'A•. PROVIDE QVADLDGIC METER 1520-27N 9S W/MILBANK ENCLOSURE EUC 7461-YL-TGE-DES, NPN PROVIDE A WN12' RED PLAQUE W WHITE SWITCHBOI,RO 3P/BOOA. / EXISTING EXISTING ® LETTERING MOUNTED ON THE SWITCH 1211*/4'(EXISTING) pis/BY PASS VISES BOLTED PRESSURE S1200A.TATING 'EMERGENCY POWER FOR SWITCH SWITCH SWRCH ALTERNATE SYSTEMS IN THE CARNEGIE WITH SHUNT BLDG. GIST. PANEL •EDPB' LOCATED TRIP. IN MAIN ELECTRIC. RM. AT 421 W. 3RO. Si. 36N 124ON900H PROVIDE CiS k PYS FOR METERING WITH SWITCH. 3 SANGUINET BUILDING RISER DIAGRAM U� q EXISTING MAIN SWITCHBOARD'MSB' PROVIDE (2) 40N/3P 100% RATED n 3RD STREET -FORTH WORTH, TEXAS BBB.KE°; •oR 3RD DATA RM Corti � lv/1701' T 30OW. M.C.B. 480Y/Z7N.,30,4W. __ SERVICE i0 DATA RM BY OTHERS --- ____________________ _�____/ � 30D�� 2154➢AE I ,Jul I GFP 1 MS yyy✓��/,,, 8,3-1/20C. EA/WITH 415DOKCM i0 BELOW cRAOE PAR. CO. TRANSF. AULT. 4o0A aoGA anon SPACE SPACE SPAC. OFO DF ELEC. R FOR t S FLOOR RETAIL SPACES, Ij Ij I 40DA Jl 40w /1 I 10DR 1009. I RATED( RA7EDI I I DATA RM. SERVICE 2500A BUSWAY CARNEGIE BUILDING ELECTRICAL ONE - LINE DIAGRAM- LINE DIAGRAM NOT TO SCALE NEW DISTRIBUTION PANEL OEDPW' (ALTERNATE EMEM SYST) AMA_ NOD. 46OY/277V,30,4W. 25KAO. 1 GEE SGHHA4 6 5 4 2 1 l / 400A r L00R IOOR r FWA l400A SPACE RATED RATED FOR 3RD FLOOR DATA CENTER ---------------- —J PROVIDE A 6'X12" RED PLAQUE W/WHTE LETTERING MOUNTED ON 'EDPB' STATING 'SERVCE FOR THIS DISTRIBUTION PANEL ORIGINATES AT A BOOA. EMERGENCY "'A" LOCATED IN THE (MIN ELECTRIC RM. IN THE SANGUINET BUILDING.* AT 420 THROCKMORTON STREET. 3 RUNS, EACH W/4130HIN, IE250KCM G. TO NEWTBODAMP,SWITCH IN THE BUILD SANGUINET BUILDING MAIN EEC. RN. CARNEGIE BUILDING ELECTRICAL ONE -LINE DIAGRAM- LINE DIAGRAM J NOT TO SCALE Itl UPB 1KVA �. ENERSON UPS � 0 �� cxtt - t000 '. TAYLOR STREET �ASPfW.t PflOVIDE WTM '"-L0" 9�VOLT _ 12w, to UPS POWER PROVIDE RED PLAQUE I RE oUWRiIRxr RED W/WHRE LETTERING STATING Sx1RpM PI6H 9RRON "FlRE OEPARTNEW EMERGENCY I � 12D VOLT SHUTDOWN POSH-BITRON.' I 1 1 I 51 1 GREEN I //I;I �'• 9 to 1 Hr x4 '1G ; Ir CONTROL PoWER PANEL 1 LDG1E0 IN FlRE CONTROL I AMBER CENTER, CARNEGIE BELONG. 1 Y% PROVIDE BUCK PLAQUE ( �� W/WHITE LETTERS STATING I 'KEY OPERATED OVERRIDE 1 0 SNRLH FOR OBTAINING 1 x SENICE WHEN DUCT LOOP IS INTERRJPIEO.' F, BUILDING TO NEW ROOAMP. SWITCH. PROVIDE PULL BOX 0 CONDUIT ENTRANCE FOR LONNELPON OF (3) 3' CONDUITS FROM NEW 80DAMP. SWITCH SEE SANGUINET BLDG, RISER DIAGRAM. r EXISTING LIFE SAFELY ENERATOR EXISTING ALTERNATE GENERATOR , PLAQUE, BtPCK W/WNRE LETTERS STATING •NORMAL OPERATION' PLAQUE, BLACK W/WNIIE LETTERS STATING 'MANLtAL SHUTDOWN• I 1 PLAQUE, BLACK W/WHITE LETTERS STATING 'INIERRVPTION OF MONITDRINC ( CIRCUR' 1 I Y SYSTEM READY. I I 1 IN NEW BOGA/3P HPC St FUSED SW. IN SANGUINET MAIN ELEC. RM. PLAQUE, BLACK W/WHRE LETTERS STATING 'RESTORED POWER REPNR NEEDED' ;I / � �r 04ERRIDE DUCT LOOP, �-0— I IN CASE OF BREAK. YELLOW 1 "'Non 1. AccABltu.'� w e sgi` aw �PP�'w/ONAL W� •L-r Mst.11 JOB NAME: CARNEGIE BUILDING -- - - JOB NUMBER: 06-054-00 JOB LOCATION: 421 W. 3RD STREET FORTH WORTH, TEXAS SANGUINET BLDG. 'UPS A' 6NR. 'A'. SEQUENCE OF OPERATION A. NORMAL OPFReiON' •UPS SYSTEM PROVIDES POWER TO CONTROL PANEL. •CONTROL PANEL: 'POWER ON' LIGHT IS ON. •THE FIRE DEPARTMENT SHUT DOWN PUSH BUTTON IS OPEN, 'THE LOOP AT THE MCI 6WK IS CLOSED. •SYSTEM READY LIGHT IS ON. 'THE OVERRIDE KEY -OPERATED SWITCH IS OFF. •THE MAIN FUSED DISCONNECT SWITCH IS CLOSED AND R'S SHUN* TI21P IS ENERGIZED. NOTE: THE FIRE DEPARTMENT PUSH BUTTON, ALL LIGHTS AND WERRIOE KEY SWITCHES ARE MOUNTED ON THE OtIt510E COVER. PROVIDE A COVER TO ENCLOSE THE ARE DEPARTMENT PUSH BUTTON TO AVOID ACCIDENTAL ACTION. B. CABLE CUT A iNE DUCT LOOP ACCIDENTAL CABLE CUT AT THE DUCT LOOP TO CAUSE BREAK IN POWER TO RELAY 'CR2'. THE RELAY 'CR2' IS DE -ENERGIZED, THUS DROPPING THE POWER TO SHUNT TRIP OF MAIN NEED DISCONNECT SWITCH AND THE DISCONNECT SWITCH OPENS. C. PANEL OVERRIDE TO BYPASS THE CABLE CUT LOOP *AT PANEL. OPERATE THE OVERRIDE KEY SWITCH (NORMAL OPEN TO CLOSE PDSITNE). •R WILL ENERGIZED THE RELAY 'CR30 . *THE N.O. CONTROLS WILL CLOSE, AND REMAIN CLOSED, THUS FROM POWER TO THE SHUNT TRIP OF THE FUSED DISCONNECT SWITCH. •1HE POWER TO LOOP IS ALSO ISOLATED FOR SAFETY IN OADER TO REPAVR BROKEN DUCT LDDR •MANUALLY NRN ON THE FUSED DISCONNECT SWITCH. D. FlREMAN OVERRIDE PUSH 81)ETON 'UNCOVER THE FlREMANS PUSH PUSH BUTTON. •PUSH THE PUSH BUTFON, R WILL CAUSE RELAY 'CRT' TO ENERCI2Ep, OPENING THE N.L. TO RELAY'CR2'. ME RELAY CR2' DE -ENERGIZED AND THE CONTACT OF 'CR2' (CLOSE 10 OPEN), AM THE POWER TO SHUNT TRIP OF DISCONNECT SWITCH IS DROPPED. E. GAL •WHENEVER POWER 6 LOST TO THE SHUNT TRIP AT THE DISCONNECT SWITCH, THEE ESWITCH SHUNT IS RI OPEN, AFTER RESTORINGW THE POWER TO THE SHUN* TRIP IN THE DISCONNECT WITCH, THE SWITC CAN BE NRNED bN' MANUALLY ONLY. DATE CREATED: 02-27-2006 DATE UPDATED: 05-IB-2006 SCALE: AS NOTED NOTICE OF MERGER City Secretary Contract Nos. 29737; 34361; 34362; 35489; 3 789 1; 37998; 41040; 41352; 41738 THIS NOTICE OF MERGER (the "Notice") is being delivered to TxE CITY OF FORT WORTH, a Texas home -rule municipal corporation (the "City") by SUNDANCE PLAZA PROPERTIES MC, 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 PLA7� P PERTIES LLC, a Texas limited lia lpang By: J President CSC Nos. 29737; 34361; 34362; 35489; 37891; 37998; 41040; 41352; 41738 Notice EXHIBIT "A" l . 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 V. 34362, filed on December 29, 2006 and recorded as Instrument No. D206411316 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. D206411315 in the Real Property Records of Tarrant County, Texas. 4. Encroachment Agreement, City Secretary Contract No. 35489, filed on July ] 3, 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. �:... o...,....,.,._. r+ TT., AMA() fjled nn rToyembPr 12. 7. Encroachment Hgreenterlt, �.ity octic�ai� �..vu�ia�o �w.-r���, 2010 and recorded as Instrument No. D210281603 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. D211107372 in the Real Property Records of Tarrant County, Texas. CSC Nos. 29737; 34361; 34362; 35489; 37891; 37998; 41040; 41352; 41738 Notice 2 EXHIBIT `B" (see attached) CSC Nos. 29737; 34361; 34362; 35489; 37891; 37998; 41040; 41352; 41738 Notice 3 ACC ® pAT 12/14�20 6YYY) CERTIFICATE OF LIABILITY INSURANCE 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. ve 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME;V Aon Risk Services Southwest, Inc. PHONE (g17) 810-4000 FAX (817) 339-2019 Fort worth TX office (A/C, No. Ext): A/C, No. 301 Commerce Street E-MAIL Suite 2370 ADDRESS; Fort worth TX 76102 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Ins CO 16S35 Sundance Plaza Properties LLC INSURER B: 201 Main Street, Suite 2700 Fort worth TX 76102 USA INSURER C: INSURER D: INSURER E: INSURER F: lMCOTICII ATC A11111IQCG• F7nnr.A7d097R RFVIRION NUMBER: THIS v ,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 TYINSR PE OF INSURANCE opift INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPo - EACH OCCURRENCE $1, OOO, OOO CLAIMS -MADE Xa OCCUR PREMISES Ea occurrence DAMAGE 10 RENTED- $1,000, 000 MED EXP (Any one person) $ S , 000 PERSONAL &ADV INJURY $110001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 , OOO, OOO POLICY ❑ PRO F LOC PRODUCTS - COMP/OPAGG $2,0001000 JECT OTHER: COMBINED SINGLE LIMIT AU VIVIVBILC LIABILi I1 Ea accident ANY AUTO BODILY INJURY ( Per person) OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED AUTOS NON -OWNED Per accident ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN STATUTE ANY PROPRIETOR / PARTNER / EXECUTIVE E. L, EACH ACCIDENT OFFICERIMEMBER EXCLUDED? ❑ 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 / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ONE RE: Contract# 37998 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. 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 I AUTHORIZED REPRESENTATIVE 1000 Throckmorton Fort worth TX 76102 USA cXX� s'�'x „�s��� �f��L� Q�� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD w c m v O Z d R U w Q7 U 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 I AUTHORIZED REPRESENTATIVE 1000 Throckmorton Fort worth TX 76102 USA cXX� s'�'x „�s��� �f��L� Q�� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD w c m v O Z d R U w Q7 U