HomeMy WebLinkAboutContract 49212 CITY SECRETARY
CONTRACT NO. Z Z/
EASEMENT 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, its duly designated Assistant City
Manager or Planning and Development Director, and Northwest Independent School
District, an Independent School District ("Licensee"), acting by and through its duly
authorized Jon Graswich [Associate Superintendent for Business and Operations], owner
of the real property located at 1069 EAGLE BOULEVARD, Fort Worth, TX 76111
("Property").
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; and
WHEREAS, the City has a sanitary sewer easement (the "Easement") in the
Property as shown on the map attached to this Agreement as Exhibit "A" and
incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Easement; and
WHEREAS, City will allow the encroachment under the terms and conditions as
set forth in this Agreement to accommodate the needs of the Licensee. b
NOW, THEREFORE, the City and Licensee agree as follows:
a RECEIVED
AGREEMENT 21
aMy
� OFFppT
1 ! s �!
t
City, in consideration of the payment by the Licensee of the fee set out belo $
covenants and agreements hereinafter contained, to be kept and performed by Licensee,
hereby grants permission to Licensee to encroach upon and occupy a portion of the City's
Easement for the purpose of construct an 8' tall precast concrete fence parallel to and
within an existing 35' wide public sanitary sewer easement and a new private 490'
box culvert perpendicular to an existing 35' wide public sanitary sewer easement
(the "Encroachment") as described in and at the location shown on Exhibit "A" but
only to the extent shown thereon. Upon completion of the Encroachment, Licensee
agrees to be responsible for maintaining the Encroachment within and above the
Easement. Licensee shall not expand or otherwise cause the Encroachment
2015 Easement Encroachment Agreement-Commercial0FI IFC f� RECORD
NISD— 1069 Eagle Blvd age
infringe in or on City's Easement beyond what is specifically described in the Exhibit(s)
attached hereto.
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 City's Charter, Ordinances and Codes and in accordance with the
directions of the Director of the Transportation and Public Works or the Director of the
City's Water Department, or his or her duly authorized representative. Licensee shall
submit all plans and specifications to the applicable Director or his or her duly authorized
representative prior to the construction of the Encroachment. Licensee shall not
commence construction of the Encroachment until receiving written approval by the
Director, but such approval shall not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation of such plans and specifications.
3.
Upon prior written notice to Licensee, except in the case of an emergency,
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. 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. 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 the
Encroachment and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or said Director's duly authorized
representative.
4.
Licensee agrees to pay to City at the time this Agreement is requested an
application fee of$325.00 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.
2015 Easement Encroachment Agreement-Commercial Page 2 of 11
NISD— 1069 Eagle Blvd Rev. 02/2015
5.
The term of this Agreement shall be for 30 years, commencing on the date this
Agreement is executed by City. However, this Agreement shall terminate upon
Licensee's non-compliance with any of the terms of this Agreement. City shall notify
Licensee in writing of the non-compliance, and if not cured within 30 days, this
Agreement shall be deemed terminated, unless such non-compliance is not susceptible to
cure within 30 days, in which case this Agreement shall be deemed terminated in the
event that Licensee fails to commence and take such steps as are necessary to remedy the
non-compliance with 30 days after written notice specifying the same, or having so
commenced, thereafter fails to proceed diligently and with continuity to remedy same.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon as described herein, is held by City as trustee for the public;
that City exercises such powers over the Easement 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 Easement 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 Easement to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property, 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.
7.
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 HIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, 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 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
2015 Easement Encroachment Agreement-Commercial Page 3 of 11
NISD— 1069 Eagle Blvd Rev.02/2015
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.
8.
While this Agreement is in effect, Licensee 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
$1,000,000 Commercial General Liability
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 30 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" and incorporated herein for all purposes. Licensee agrees to
submit a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement
Licensee 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 the Encroachment and the cleaning and restoration of
the Easement. All insurance coverage required herein shall include coverage of all
Licensees' contractors and subcontractors.
9.
Licensee agrees to deposit with 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.
10.
Licensee 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 the Encroachment and uses.
2015 Easement Encroachment Agreement-Commercial Page 4 of 11
NISD— 1069 Eagle Blvd Rev.0212015
11.
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.
12.
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.
13.
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 Easement and is not a conveyance of any right, title or interest in or to the Easement
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.
14.
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 attorney's fees.
15.
The parties agree that the duties and obligation contained Sections 3 and 4 shall
survive the termination of this Agreement.
16.
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 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
2015 Easement Encroachment Agreement-Commercial Page 5 of 11
NISD— 1069 Eagle Blvd Rev.02/2015
default or otherwise shall not require City approval provided that said lender notifies City
in writing within 60 days of such foreclosure or assignment and assumes all of Licensees'
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.
17.
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.
18.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
SIGNATURES APPEAR ON FOLLOWING PAGE]
2015 Easement Encroachment Agreement-Commercial Page 6 of 11
NISD— 1069 Eagle Blvd Rev. 02/2015
THIS AGREEMENT may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
City Licensee:
CITY OF FORT W RTH Northwest Independent School District
By: By:
Randle Hagood NP: Jonwich
Director Planning and Development Title: Associate Superintendent for
Business and Operations
Date: J� , 2017
EST: Approved As To Form and Legality
kSS4' . City Secretary Assistant Ci y Attorney
C10
RT
O�F .
TE�CPS
OFFICIAL RECORD
CITY SECRETARY
I+T.WORTH,TX
2015 Easement Encroachment Agreement-Commercial Page 7 of 11
NISD— 1069 Eagle Blvd Rev. 02/2015
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on o)/ , 2017
by Randle Harwood, Director of the Planning and Deve pment Department of the City
of Fort Worth, on behalf the City of Fort Worth.
ry h&LV*
clot Public, State of Texas
1 Q McGARTHY
Nypub11.9aoeofTam
06402-3W
11Mry 47l�b
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
2015 Easement Encroachment Agreement-Commercial Page 8 of 11
NISD— 1069 Eagle Blvd Rev.02/2015
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Jon Graswich, Associate Superintendent for
Business and Operations, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that ~�e'she executed the same for the
purposes and consideration therein expressed, as the act and deed of
/(4:i a`n and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
ILI 2017.
\'i% _ 't-
Notary Public in and for the
State of
MICHELLE WOLFE
Notary ID#125243734
My Commission Expires
April 24,2021
2015 Easement Encroachment Agreement-Commercial Page 9 of 11
NISD— 1069 Eagle Blvd Rev. 02/2015
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1, Block 3,NISD High School Number 3 Addition
2015 Easement Encroachment Agreement-Commercial Page 10 of 11
NISD— 1069 Eagle Blvd Rev. 02/2015
EXHIBIT "A"
Map of Encroachment and Easement
2015 Easement Encroachment Agreement-Commercial Page 11 of 11
NISD— 1069 Eagle Blvd Rev. 02/2015
z
y moo
NNO
nn�
W n
C m m
Z w O
z �z
O � r
Q O z �
mzw
L.Lj LJ0
X CD
W z Q
W "
J
LU Q)
F r `
W
cf) mhJ
Q yxzo 8 ��
W w=zO
U�� ,
>O� I. l�J
ml- Q
[if c' Npia U
MOLL,
d O
Q
w
c U
w w
U� _
Z w
U U
w
a Cn
Q
N � U
g � I
z w
O V �
0 c
a
W
`O
t
U'
C
W �
S
N_
Z
O
o
w
= w
Z Z
Q oLLJ
z �
m z W O
LLJ w
X
LLI
w
�0 Z
LLJ
L w
J �
~Z Q
m
W J�o � �\
~O �
§3P
M
w W �J
LL Z W
if
U
J �w
w
w
w
w
CK
U� z
Z W
O U
U Z er
w
d
y �' U
S w
C U Q!
o �
W
`O
OC
C
W �
2
N
Z
I— co
I w
wo
=� Z Z
HI
N 00'01'51 W 385.73' J
----------- - E
s
\_ N 00'01'51"W 310.00' \ �/ W
"' U
I �
I IIA z Ld
I I1
W
~ CD
zQ
w
W
II , mLLJ � C,
CIO ooh
4 JtD�
III "
d
# N i /r wtZ
a W W cn („) I :K U-P
Z V WJx J JO
o
CD
��W
�
i t z i
Ik III � � I #$ W
W
LU
cx a Q
' Il as
uj
` II N
P O
O
I ; II
I ; II o X a
El
W u
� N
L? I I I 5 00'01'51° E 31
a
W �
�I\I
Lu LO
(n �
zo I i 3Z � I zcn
Q W W I W .
ern o
ss v W 9M(nne onend aMd 33sn I
W z II I 63 m W ^ 0� No`de13s cNIa�InB ,SZZ R
� N o
11i I —zo
I w v>I
35,90'
� o
3 3
c�O
z Mc�� mLLJ
W W
in
T w O (y
_L Z Z L 1 I U O W
/ L; Q
Oo
u a�� W C.7 d 3
Q H Z N W
O z UZ W U
n/ W c. LL. d O
V O d J d -00
W W
W 3z w CX Uz
W W
W Zd O j mJ
CO W CX
O � 3
z Q ^C+
w o ^ �
� Qo ^
W J —41H W
N
��� U x Q Op J
��" J W N vLi
Q ? W
CL
W ~P W Z
>O O f/7 W
3U) Ln >.- M O ~
M W CX
��� to M W
U' H Q U_ J O
Z Z W J
H Q m U
N_ N
< >C 0-
r" W
W p m n U-
U Z — — O M n a
Q o8 m — °- x
MW � U CX J
1 d W J d ^ Li
M W M W M W o
x J c a C-4 N N n
j V ^ O O N u o
1— Jr- zQ ^ h ui Q
U W O 1~ ~ W ~ M W <
J ZMLL- Nz oil W
in CD
=3 W W N LJi W Q
a 3
N z
W Z d Q
O cn WCL
CX
Ln > � cO
M N d O
z z
►= a x
N N
xin
W
�O
— N ^ w
CL m W
W
J_
— Li
N v
i — Q
N
W
J A
we X Y�
O W
11
C
O
-'I—:D PROFESSIONAL SURVEYORS FORT WORTH
hERBERT S. LAD sURVEIWSLP. r"e a"os=t Deep py is-9rmMeellY
EASLEY ANG POCRAPHIC d,p,t`d" G ooa T""e A.
AE,AN.A0.AR.A99,V.VE,m T Ioun
•LWSTRUOTCN LMv SIM noxa prmr).occoNN9+=—Teaeml ••H'"°n e ^
Y N0.1099.900 m. Ypna9emmt A9mcy •""'"
Emerg
Fl—
METRO B1J-429-Or94 Inaumnce Rate YaP of Tanant eounly, Plot
P.o.BOT 8873 Ax B1J-446-5198 entl n omm�lM>eea.Yo N
FORT WORTH,TEXAS 76124 neLmalayOnm.cam 9LrW]5 K nvl SeptwnEm RSI,e
2009. a Pre"EeN9 IxetM N
th. TXA,m aero,mmea to ee Raler eY enelm�m
IPAJ THOMAS ecen r""el c'—p.eeea plea>. � ,a, a,
9meoa
I
'T
SCALE 1'=100' o Lm
I I I
I I I oW s.a -
I
I I I
I I I
I 1 LINE TABLE
NE
Ecil tU "t M2
I I I
I I I
I I I I
I I I
I I I I
t6 I I I
g � ��rLswudi[xsoozr
1 I I I
1 1 I II Iwes»i•u•[i,'Y,ieF nq1. /A,�
r41
I I I 1 S
I I I II I i/
I I I I I I I aluw am:mmi rwn .p„♦: A�q9/
I Fpl� II ______g��l '4♦tJ/
laI"�eI II ,azPe ,.a �A�o�„y
ISR I� I I �_ �•�.
E y♦
I Oft 1 C .I I
I I ♦
I I I ell �
I I I �II Iz
1 1 I II 91
t
I I I 811 sli ♦♦♦♦
I I I I L____
-----
I I I
I I I a
6"6l I \ xu uo ne^A.—
o0srunvu
I I I II
I I I
1 I \1 I 1
I I dd/
I I
I I
'
IU I I I $$
I I I
p 1 I \
I a
_ _e___n.7 iJ LOT 1-R,BLOCK 1.
r.
J N19D HIGH BLHOOL NO J AOOInON
I 1 II p II 3.532,723.Q.as.
1 II 91.1oa em..
I 1 1 I I II II
I I I I II II c` r.Accr.
I I I�I II tl
I II II
I 1 1 I I II II
I I I I II II
I 1� I I II II ���
I II II
I I I I if4 cT rr
I II II e>w
_ ,Y le
$ �� 1111 `l it o•�
qC 1' 111 ♦ s'Y /,.{' _
y�Z
1 I III II /�
♦ r
X—
L-1
-n
e
♦ 11 z4. v
= 1 I i ♦ 11 1'�o-u�z«mse•% i-u0i /i
_.• II II III rz rn y��m �_______ «�a zooru'E �
11 I III L w I II � s�Jv3z'w��
av -'s'sn.m seew�mz
nr -1 4rl I �iai1e'o' 'v I I Fir.cr �v nrcnc cmr sr4aia•
cc m.w ewm••^,
♦ J _______ r..ve..
1 sus sew �a�. / rs
c
1 1 EAGLE BOULEVARD u L
"
1 I I -- sm¢r uaurlox Hae33 a A �m 120'R.O.W. -cc enP1�usrav�u4 $
4 1I I cc Yrm Pmu,m ____________________ ______ _________
I I _____xlso TF scHooL xo.]Aoomox Zar _____________ __L
e iC, s �s' "nn c.T.cT. m
e e e ,s Desi ♦'� s cr
—
iry.lr" 4
v b
e-,mze L
II o"or
Cest Meadow DlvMeCro ing Dry e47—
FINAL PLAT
4 LOT 1-R,B01.oMfD LOT 1.BLOC )
cNISD HIGH SCHOOL NO,J ADDITION,
ADDTIONSTO THE
CITY
ofT
ARRiCOUNTY rafWORTH
s T—uoH!
molewram'." ,
�rYwr mvr 9aK OsruYt mrI..eA eerw N aoc A.Y N Ire ae A W m,r u.a YAR Im
eaeV,eA a YrwWobml"���K cert N a wK vmr meb
Y Mt'�ibr NomnY"�>t!!TN����t°pr� I,n N°°••fie wF M�Y.re.erC.vw.a]vTSIY,Yx YN m° �m14 twy N�, �i 4 A m e�..n
Otr,IDMY IIVY?mmt� lK aerr lrws Vl5 em0'r r a Imn N aar LN b N rqL m—e W
r YA'a° �"s ° Ieaarbb• N Ym a.A w,Y nwe.a+0°.W N m"u Y� NYt r ��RµrA.rt
LM r N u,,rtl I.,Im xrw smr 4].NwL.n eY11r m N aq N sr .�y.��Y�we.eW.vw.!„Masi 06L rA b.,K �r..'I M°.Y Y.mWs•.N eAwemi�br r
r Mir e�rY r w W red w rnn od1 rNrrar r eIDee ti,mrpe 1rw, a°Wt N�r Lr r N MC °i°"e^YafN`-K/r eeYea eNmw
w" kermbn trek.aAee N notes e.A Wa W an b N rVM1 LYO•rre M mID �^�j4 ar.rNAq N tNr N nA rb,wa Iwr N np
wYvw y wNr.d�inW r Yst iv�i.e..d 1e"Kir eU�K°eeN.vA 11NfII1 Miw rA b.tK mr mese r_M N w.LtAs rnr M M.wr
n•m trr ti rr a w sruW me.N W�I.ru. N."�NI�-',r 4N����....:",�te-:w
e N..Ar.��oir ow,rm rr a..ew�t w oa]sar w.�.an. �r��.rbc N tA,m mN m.,K r.�it res+•y�� rm' b %.e re Y� w
[ Aid b M Le°N la�r °" ;nyet-rtes,rmr ya maY b N p1 laic Y mwry wfr N 1r M.W rLnnb mmbN
A TA Y°Ki ItmY int mesh Tr •w.eure Y m� !IDL wf ws�4 Tsnw,tawb Tr rww�r.!+ MY°mY.�.A�m.Aq re4l b r rr�wp
�+�maOau.s wer.Kl G!r pbbt est rse.e w r a Y.tl�YAI K9 MW+y mw NR,YN M r.9.ar b N FrdY w•M�^rw, 'rd"'."Anrt N�b N.�t,w_N
rqt wY a rr.N Rm rA a ewm aq.r wN a a.a eesee
• a]] r e,K er ne Assr'cif bet imitrr�w inm w m e iK srr r rwrr 1K, rm'r,.N rN r. _
rmmmX.weee N.n msbl b•,K.a�d N.sd TILE Lw. �`°wKA`w�Y MN W�'n..rM s~
wIOYl mNYrerWmlrrl: rm"rrW��Mrl��rwN �b
wtm,rL 1 fsvlY%.rroe N exam r.N P°,n].r r+.ekd,..rr,w,e.Ice K L m], 1.em N IR,e rN b.,K].r r mere,.,.w,w,e.Ice K "^'� vw a�•�ie 4"��
mw„JiimaWe INos�]lam�.KY.to mi M K..P l.0.wf 1 I�'lPa1..rme N]T.R YN r.1K L+�d,mrOd few,Pu.mo'K "• �/Am—~W/"�4
eNYnwnt".,Prat est reaw/e
+wd ti4.w.niti.Iae K �+]"ri.eYme N.wm YN b.,K m� +wd z.w.w]oIo•K .'LAA�Yr,r`r1•twA""�a�d'�mK..e�°.r�ir�r«�N
noc,ay•M�N�b.N W rwW e,ti Mt Ier wwtN L 'x�..w.r N x.»rN m.,K w,r rwd s+.w mr K "r" �•.r,,,r,.�.�e rest.�e wr.wr r
,arms a s,me N mm rte.K r�e,r wa k000r�wrr.dmr�u Nt r.,K e.e rd ersd,.r.+b w.mo•r ee.r.ureear�bN ire r..W N an r r.,4a�L.r Ar�r
I.s.'�.,.i a:.y.Ia�w ted.a..•.Nw..a..an,>wm...t „oa NrI N...IN N W t.,..vti.. �A.SW r....�rm,�:._..
."e�°r..`�e..:.m�
yL Y°NNm N xw a.rl b a 1K er ti mwd 1rWs ti em0'r eWNr eer..rr,w,rn M ebeer Iwrb;=r F eml N e eer r Nryx,LAY a rKe N nm rA a err ar}A IPYsy a este r,rt.m Nt r e lK er rd Nrrd lrw,mla s�K erwew�b aA eFeN Y rq rW er N As r iM res
S]'JQ0.T ed.We reN aPTs`nT R]]Y.L
1 moe•IL.eYbe N m.m r.N b e 1K eee r rwd lrws�.mf K sawn w�m egsa m r rY N r.ar.+rm
L M�.N N�pest N�r em.b N bleWt b e,K wr it mwd'4+, are�W"�r�••°wane N wau rt b tK ww�r•mwd eta rIf ar N N �rrY W.,..r res N ort Nb r�44rn L+w
\ e bN ArlW eabNKerY.rWN •
,�odm r4 N LT'aftP,ae a Nae e�N Y3]Yxt,mn a.rl r• Z Sage r..1 b N IeL 9rt PUlasa s,mr�teem mnLese M N W.d e✓•a
\ Ise rwd 1•rws wLf ame'r N N t err Ty. i�brAaq WAAY 11Lw1 w N r les,.a rloe N Ar„4 an mw"s°ir L�W'°e Mre nr eAA°9 V�h YwY..e.n wY.b
\ rnet-aFq�.b N len tact•mwn ode Nmwart Y Lrw w anerm r YW u rbu as ie w,l b�K�e Imr w rnre Ntrs neT m erwri °aa,
!wsni r,e1 I..ae.T.rat o..M Tr aM.W N rear r,r r N rr4L w eL4�arbt ...i.�.,M A+R AW ie.Le�i�d"Jmx LIMi
nota reY N m res r M rYe,�r1 N W �ee sent'L b
rlrerA a errr N••� I•w°aewe r Iba koa trtm,tm kMrrw�rul kOr m t�nr®,ii wM w L reYAr be°wr r.�t YA°r�r
ra M W e...r N m�rr.N Rm ium�err4 arms. peuy� nryyy 4 wn N N ea u.nt wr
rA•eWv aK A IfI@f(,ed•eM eLYp Y]vvlart a,K mr na TM° wl e���e�r°�°���
Nseea lrw,PaI em0•r r e W N net er r w YR i0.•m t:.A t.t r,P_a!"inm rmA
\ 1 r4Ti.mmrw�iusi m at]N.at res lm.n raw, Iam a N r wr rd r tract w wra..e N der N
Yeaereb•wme.r atY ra rt'W w w N K erY•me N n_r.a.wab b N Pe4'.°.N rW re errwY N.r pees ��As b r�ri ewr..w�.r ww:.n.�rTr,r�
\ 'mm k.erw srFe N xaI]e.•.N."e veN ka„^nt♦Ra r r.,K me n xur 'be mri"Tt Seng it ar N ander ra Tr er s.eeA rr.r r b._eeY r N
k+Itar�rt e�N a]m bN b.,K eL ti r.r,.res.w.mer ..,rwlrer eY PmN
r�r.e.�wMnlbe!tK"r ti arod 7rW eu.me•r r e Kr N Md rPr.e e r"rra I..r
arar.Ra rt m.a... Wt L+Y�a Tam Aw...rr.r "M qt'".�re wn.Ids ar mNwrw.
..we. marl r N Ir tees.a .rt d tawl /
teat YP s I N errs,w rr�.e w NrN r r w w
vo.r:�4ree raa4 ee w b oerrrl rree4 NN wren r r ewrd r aAMree
`\ I///� �y e4rmert Iwd mAtk.tees r ��o Ir^.Y Yrewlr"e aN m a.r N w
A ��Ne N YMeIK�Nm.Wsr.wt"rr�w�w��+�I"M w1 N�wm gYriN r'�.°m��T m w wNrr N w r s�
MArrees Nd r b m4metd Net IFS L_rr
aor um w rum a N�M N wmr MWrwme�wi"�r i w'°rl�i,we"r"kiwr°Iw r.Ki.wew
n D \ KN.qe x rr�.].Pert r.pr r nre+rl
•�� /�/; ��\ rmAn I,aAL rtaa v lOw wWwtr N°O�°rrme e"� Pmeww:rdreAserW
'♦ \ eA..® rr.>n Y treat.,.w..re.wr v..e
i
/ / fIa > (��..,�♦ ;P' �drraet�..m,e�.r,.ad..rw,We,,,r.._,.�r.Y
/ / dt{'.S'♦ beoa,♦ weNm N weraea�
I I �� h� \ eb�nM�N.m�'°o e°�.n°dlu�mrOAn.r.t mtle o°nb me wwWe.
1
I ' ♦ \ \:.mom,d I.Ie w�rr�.m w T.°.r..m.
Nim as
mi �s :mam `♦ \
1 I ♦
1
II EAGLE BOULEVARD AL mNtmertn�♦
SBD'R.G.W.Dadkatkw
Ya by 4 Am aLiGr ♦\ ♦ \
I untn umorr Ir__V'r"�__il m m
j I9 ♦�♦ \ SCALE 1•.100'
I 00 II \ \
'•8 k-m M �I
jmL ewe �II ri ♦♦tr \ vwi davm-,�mn v.
i •' II IrI� Avu
miP-wtmAm
6]aytrn _T____v___= \
IDOU
3
MfN 501100E R60.]AOPTIW
.z.z.e aeu
/ m'tum.,Ira b nni¢rte_Pac Pnts Itllcvm
\
_
-- i -
L_I �� �� ♦♦`o.
I \
m„ �rr ,
e,
Ivelpr MFa�if�"soul M,wci'. -_ --------
------x�rm�______________ /
GG rr Os,IDIm1 a1Li.Gr. r• ru
tom' nWi-of-vaY EL9lprt Ywi 10x1,usTD 0.1LCi. a�
----------- Rcats JFD PROFESSIONAL SDRKYDRS Q J/
sd r
„a GG m oima ERBERT S. LAND SURVEMRS L.P. Ir i r z r cies�Iti
EASLEY .CARO .IOPMJAPWC I matam w'��ta
I
•msT
, IW 1]MENNO I I
EmoN Nn taw.e6o FINAL PLAT
mT�aa-mw R OF
P.0.Rmt eSn FAa R17-Me-51ee LOT 1-R.Km 1•AID LOT 1•BLOCKFaRT*DM Itv.e Mti. nm.er4�rm.me, 3 NISD HNNI SCHOOL NO.3 AMMON,
AMMONS TO 7HE CITY OF FORT WOR11H.
m „ARRANT COI111TY 7EXAS
ACORO DATE(MM/DD/YYYY)
_ TEXAS RISK POOL CERTIFICATE OF LIABILITY COVERAGEF 04/17/2017
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 RISK POOL
BELOW. THIS CERTIFICATE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING RISK POOL,AUTHORIZED REPRESENTATIVE OR
PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL COVERED ENTITY / PERSON, the terms of coverage(s) must be endorsed. If
SUBROGATION IS WAIVED, subject to the terms and conditions of the coverage, certain terms of coverage may require an endorsement. A
statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Carole Fowler
NAME:
(A/CONN.Ext): 300-482-7276 HO(A/C No.Ext): 512-4673645
E-MAIL Caro le.fowler@tasb.org
ADDRESS:
PRODUCER
CUSTOMER ID:
RISK POOL AFFORDING COVERAGE
COVERED ENTITY/PERSON RISK POOL A: TASB Risk Management Fund
Northwest ISD RISK POOL B:
Kitty Poehler RISK POOL C:
PO Box 77070
Fort Worth,TX 76177-0070
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED ENTITY/ PERSON NAMED ABOVE FOR THE COVERAGE 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 COVERAGE DOCUMENTS DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH COVERAGE
DOCUMENTS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF COVERAGE ADSL SUER
LTR INSD NA/D ( ��
EFFECTIVE DATE MM/)D/YYYY) EXPIRATION DATE(MM/DD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $2,000,000
4XCOMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED Excluded
CLAIMS-MADE X❑OCCUR MED EXP(Any one person) Excluded
General Liability PERSONAL&ADV INJURY Included
A X 07/01/2016 07/01/2017
PRODUCTS-COMP/OP AGG Excluded
EMPLOYEE BENEFITS LIAB 100,000
GEN'L AGGREGATE LIMITAPPLIES PER:
PRO-
POLICY JECT LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OrED SCHEDULED
AUTOS AUTOS
NON-OVINED
HIREDAUTOS H AUTOS
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:Encroachment of the storm sewer line across the sanitary sewer easement and the fence in the sanitary sewer easement.
1069 Eagle Boulevard
Fort Worth,TX 76111
CERTIFICATE HOLDER CANCELLATION
The City ofFort Worth SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED
Department of Development BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1000 Worth,
TX 761 St. ACCORDANCE WITH THE PROVISIONS IN THE COVERAGE DOCUMENTS.
Fort Worth,TX 76102
AUTHORIZED REPRESENTATIVE
2012 ACORD CORPORATION. All rights reserved.
ACORD 855 TX(2012/08) The ACORD name and logo are a tered marks of ACORD
eM=0000
. TASB RISK
0 V—M�
MANAGEMENT FUND
TASB RISK MANAGEMENT FUND
DESIGNATED ADDITIONAL INSURED ENDORSEMENT
Program Participant: Northwest ISD
C D# 061911
Effective Date of Endorsement: July 1, 2016 to July 1, 2017
This endorsement modifies the School Liability Coverage Agreement of the TASB Risk
Management Fund.
Words and phrases in boldface are defined in the School Liability Coverage Agreement , which is
available upon request.
A. The School Liability Coverage, Part A (General), section IV., paragraph A., definition of
Covered Persons, is amended to include:
Covered Persons shall also include The City of Fort Worth, who is a Designated Additional
Insured the Fund Member has agreed to include as an Additional Insured in a Contract
Requiring Insurance under the Fund Member's General Liability Coverage of the School Liability
Coverage Agreement. However, such coverage shall only with respect to liability for Bodily Injury
or Property Damage arising out of an Occurence that takes place during the Participation
Period, and that is caused by acts or omissions of the Fund Member, and only if the acts or
omissions of the Fund Member form the basis for a civil or alternative dispute proceeding filed
against the Fund Member and would not be barred by governmental immunity, sovereign
immunity, statutory immunity (including but not limited to immunities available under the Texas Tort
Claims Act and statutory election of remedies), educator immunity, official immunity, and derivative
immunity.
B. The coverage provided to the Designated Additional Insured by this endorsement is further
limited as follows:
• No Coverage shall be afforded to the Designated Additional Insured where no coverage
shall apply herein for the Fund Member.
• No coverage shall be afforded to the Designated Additional Insured for any Bodily
Injury or Property Damage to any employee of the Fund Member or to any obligation
of the Designated Additional Insured to indemnify another because of damages arising
out of such Bodily Injury or Property Damage.
TASB RMF Additional Insured Endorsement
Page 1
04202012
011
TASS DISK
MANAGEMENT FUND
• In the event the limits of coverage for General Liability Coverage shown in the
Contribution and Coverage Summary exceed the limits of liability required by the
Contract Requiring Insurance, the coverage provided to a Designated Additional
Insured shall be limited to the limits of liability required by that Contract Requiring
Insurance. This endorsement shall not increase the limits of the coverage described in
the Contribution and Coverage Summary.
• The coverage provided to the Designated Additional Insured by this endorsement is
excess over any other valid and collectible insurance, whether primary, excess,
contingent or on any other basis, that is available to the Designated Additional Insured
for an Occurence of Bodily Injury or Property Damage that is covered under this
endorsement. Additionally, the coverage provided to the Designated Additional Insured
by this endorsement is excess over any other valid and collectible insurance, whether
primary, excess, contingent or on any other basis, that is available to the Designated
Additional Insured when that person or organization is an Additional Insured under such
other insurance.However, if the Contract Requiring Insurance specifically requires that
this coverage apply on a primary basis, this coverage is primary and the TASB Risk
Management Fund will not share any other insurance.
• Any coverage for the Designated Additional Insured shall be provided on if the
Occurrence of Bodily Injury or Property Damage occurs:
1. after the signing and execution of the Contract Requiring Insurance by the Fund
Member;
2. while the Contract Requiring Insurance is in effect;
3. during the Participation Period; and
4. during the effective dates of this endorsement.
C. As a condition of coverage provided to the Designated Additional Insured by this endorsement,
the Designated Additional Insured must give the TASB Risk Management Fund written notice as
soon as practicable of an Occurrence which may result in a claim. The Designated Additional
Insured is subject to all claims handling and reporting requirements of the School Liability
Coverage Agreement.
D. The following definition is added to the School Liability Coverage Agreement, Part A (General),
section IV., as paragraph J:
J. Contract Requiring Insurance means that part of any written contract or agreement
under which the Fund Member is required to include a person or organization as an
Additional Insured under the General Liability Coverage of the School Liability Coverage
Agreement.
TASB RMF Additional Insured Endorsement
Page 2
09012013
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.
1,4me of Employee
Title