HomeMy WebLinkAboutContract 50155 CITY SECRETARY� r-
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EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
6S AGREEMENT is made and entered into by and between THE CITY OF
p�
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 Star Tractor Properties LTD [full
legal name], a Texas Limited Partnership [type of entity] ("Licensee"), acting by and
through its duly authorized General Partner [title], owner of the real property
located at 1500 NE Loop 820 , Fort Worth,TX 76106 ("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 Water/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.
NOW,THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
City, in consideration of the payment by the 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 upon and occupy a portion of the City's
Easement for the purpose of Security Fence (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 to further infringe in or on City's Easement
beyond what is specifically described in the Exhibit(s) attached hereto.
2.
2015 Easement Encroachment Agreement-Commercial OFFICIAL RECORD Page 1 of 11
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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
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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 KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCfJPANCY, 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
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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
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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 Enc'joachment Agreement-Commercial Page 5 of 11
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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]
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�.,.c,Erie.° .Encroachment Agreement-Commercial Page 6 of 11
kc 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:
CITPandle
T W TH Star Tractor Properties LTD
Star Tractor Properties,GP,LLC,
a Texas limited liability company,
By: • it's ge e 1 partner
ood By:
Director Name: n Larson
Planning and Develo tnent Title: Manager
Date: , 20jA
ATTEST: Approved As To Form and Legality
a n
City Sec QST,W0� Assistant City Attorney
M&C.
1295:
OFFICIAL.RECORD
CITY SECRETARY
FT.WORTH,TX
2015 Easement Encroachment Agreement-Commercial rage 7 o
60 P,t'v Rev.02/2015
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2011
by Randle,Harwood, Director of the Planning and Development DcpUmment of the City
of Fort Worth, on behalf the City of Fort Wort'
Notait Public, State of Texas
1PpYPU�� ,Notary PubllcU' NACK
State of texas
Comm. Expires 03-01-2020
Notary ID 130561630
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
2015 Easement Encroachment Agreement-Commercial -o
A &�_ Rev.02/2015
STATE OF a P_Y Qh 5 §
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Don R. Larson ,
Manager of Star Tractor Properties,
GP.LLC,General Partner (title), 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
Star Tractor Properties,LTD , a Texas limited partnership , and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
j�, ,20_t- .
Q`O;`P�iY PG' �.�.
`y Notary Public in and for the
-..o F sa S3P State of TA2 )(a_S'
12.2 -20t
®FFICIAI.RECO
CITY SECRETARY
FT.WORT"$TX
2015 Easement encroachment Agreement-Commercial Page 9 of 11
,� Rev.02/2015
LEGAL DESCRIPTION OF THE PROPERTY
Being Lot 2-R-4,Block 32,of Mark IV Business Park,and addition to the City of
Fort Worth,Tarrant County,Texas,according to the Plat thereof recorded in
Cabinet A,Slide 12239,of the Plat Records of Tarrant County,Texas
2015 Easement Encro ent Agreement-Commercial Page 10 of 11
Alt Rev.02/2015
EXHIBIT "A"
Map of Encroachment and Easement
WTIE PLAN
REQUEST TO AUTHORISE A
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2015 asement Encroachment Agreement-Commercial Page 11 of 11
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Description of Property and Encroachment
Legal Description
Being Lot 2-R-4, Block 32, of Mark IV Business Park, an addition to the City of Fort
Worth, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet
A, Slide 12239, of the Plat Records of Tarrant County, Texas.
Description of Encroachment
Installation of a 9-foot high, 12V/DC battery operated, solar powered, pulsed/low
voltage security fence to be located 6-12" inside of the existing perimeter fence
leaving the sanitary sewer manhole outside of the fence line.
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ACOI® DATE(MWDD/YYYY)
��- CERTIFICATE OF LIABILITY INSURANCE 11/15/2017
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 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 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 CONTACT
NAME: Kristen Remillard
ARA Insurance Services, Inc. PHONE 800-821-6580 FAX . 816-474-1931
102 N.W. Parkway E-MAIL
Kansas City MO 64150 kremillard@arainsure.com
INSURERS AFFORDING COVERAGE NAIC If
INSURER A:AXISInsurance Company 37273
INSURED STTX010 INSURER B:
Star Tractor Ltd INSURER C
1500 NE Loop 820 INSURER D
Fort Worth TX 76106
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:99845376 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.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYW
A X COMMERCIAL GENERAL LIABILITY Y AlSTTX010-016308-04 5/1/2017 5/1/2018 EACH OCCURRENCE $1,000,000
CLAIMS-MADE l .i OCCUR
DAMAGE T RENTED
PREMISES Ea occurrence $100,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY a JECT PRO F-1LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
A AUTOMOBILE LIABILITY A2STTX010-016314-04 5/1/2017 5/1/2018 EUMIa INGLE LIMIT
accident $1,000,000
X ANY AUTO BODILY INJURY(Per person) $
AALLLTO8WNED SCHEDULED BODILY INJURY(Per accident) $
OAUTOS
HIRED AUTOS NON-OWNED PROPERTY $
AUTOS Per accident
X HC OTC$100 X HC COL$1000 1 HC/Non-Owned Liab $1,000,000
A UMBRELLALIABX OCCUR A5STTX010-016317-04 5/1/2017 5/1/2018 EACH OCCURRENCE $3,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEO RETENTION$ $
WORKERS COMPENSATION SPER OTH-
AND EMPLOYERS'LIABILITY YIN TATUTEI ER
ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ N!A E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $
If yes.describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Rental/Sales Inventory AlSTTX010-016308-04 5/1/2017 5/1/2018 Actual Loss Sustained
Special Form/Theft Deductible 5,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
The certificate holder listed below is an additional insured for commercial general liability insurance to the extent that coverage is afforded by
form ARAX 30 01 0812 attached.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CFA Offoe PN17-00077 ACCORDANCE WITH THE POLICY PROVISIONS.
200 Texas Street
FOR Worth TX 761020 AUTHORIZED REPRESENTATIVE
LIRA Insurance
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
GENERAL LIABILITY
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- AUTOMATIC STATUS WHEN
REQUIRED BY WRITTEN CONTRACT, AGREEMENT OR
PERMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section II—Who Is An Insured is amended to include as an additional insured any person,organdzation, state
or governmental agency or subdivision, or political subdivision when you and such person(s)or organization(s)
have agreed in writing in a contract or agreement that such person(s) or organization(s) is to be named as an
additional insured on your policy, subject to the following provisions:
A. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and
must have been executed prior to the"bodily injury," property damage"or"personal and advertising injury."
B. The person, organization, state or governmental agency or subdivision or political subdivision is an insured
only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused,
in whole or in part, by:
1. The ownership, maintenance or use of that part of the premises leased to you subject to the following
additional exclusions:
(a) This insurance does not apply to any"occurrence"which takes place after you cease to be a tenant
in that premises.
(b) This insurance does not apply to any structural alterations, new construction or demolition
operations performed by or on behalf of the person or organization added as an insured.
2. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of
your ongoing operations for the additional insured(s), subject to the following additional exclusions:
(a) This insurance does not apply to"bodily injurer'or'property damage"occurring after all work,
including materials, parts or equipment furnished in connection with such work, on the project(other
than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s)
has been completed.
(b) This insurance does not apply to"bodily injury"or"property damage"occurring after that portion of
.your work"out of which the injury or damage arises has been put to its intended use by any person
or organization other than another contractor or subcontractor engaged in performing operations for
a principal as a part of the same project.
(c) This insurance does not apply to"bodily lnjury"', "property damage"or"personal and advertising
injury"arising out of the rendering of, or the failure to render, any professional architectural,
engineering or surveying services, including:
(i)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders,change orders or drawings and specifications,or
(ii) Supervisory, inspection, architectural or engineering activities.
3, The maintenance, operation or use of equipment leased to you by such person(s)or organization(s).
This insurance does not apply to any"occurrence"which takes place after the equipment lease expires.
4. Operations performed by you or on your behalf for which the state or governmental agency or subdivision
or political subdivision has issued a permit or authorization, subject to the following provisions;
ARAX 30 01 08 12 Includes copyrighted material of the Insurance Services Office,Inc.used with its permission Page 1 of 2
r
(a) This insurance does not apply to"bodily injury,""property damage,'or"personal and advertising
injury"arising out of the operations performed for the federal government, state or municipality.
(b) This insurance does not apply to"bodily injury"or"property damage"included within the"products-
completed operations hazard."
5. Their liability as a grantor of a franchise to you.
6. Their liability as a grantor of a license to you. A person(s)or organization(s) status as an additional
insured under this provision ends when:
(a) The license granted to you by such person(s) or organizations(s) expires; or
(b) Your license is terminated or revoked by such person(s)or organizations(s) prior to expiration of the
license as stipulated by the contract or agreement.
ARAX 30 0108 12 Includes copyrighted material of the Insurance Services Office,Inc.used with its permission Page 2 of 2
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.
anie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX