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HomeMy WebLinkAboutContract 35671-CA1 CITY SECRETARY 1 °� CONTRACT N0. 1 1 ` � c9Fg9°9Ty ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No.35url THIS ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT ("Assignment') is made and entered into as of this day of 2018, by and among the CITY OF FORT WORTH, a Texas home-rule municipal corporation("City"), WTW PROPERTIES, INC., a Texas corporation ("Assignor'), and SUNDANCE PARLIAMENT OF OWLS LLC, a Texas limited liability company ("Assignee"). (Sometimes City, Assignor and Assignee are referred to individually as a"far "and collectively as the"Parties"). WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 35671, dated August 23, 2007 (the "Encroachment Agreement"), with XTO Energy Inc., relating to certain real property owned by Assignor more particularly described in the attached Legal Description (the "Proper ") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement and are sometimes called therein and herein the"Improvements"; WHEREAS, the Encroachment Agreement, filed on September 21, 2007 and recorded as Instrument No. D207338281 in the Real Property Records of Tarrant County,Texas, is attached hereto as Exhibit"A"and incorporated herein by reference as if set forth in full; WHEREAS,Assignor has sold the Property to Assignee on January e, 2018 as evidenced by a deed recorded as Instrument No. in the Real Property Records of Tarrant County, Texas;and WHEREAS, Assignor desires to assign all of Assignor's rights and interest in the Encroachment Agreement to Assignee, and Assignee desires to assume all obligations of Assignor under the Encroachment Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers and conveys all of Assignor's rights and interests and delegates its duties and obligations under the Encroachment Agreement to Assignee. Assignor shall remain liable for any claims related to Assignor's duties and obligations under the Encroachment Agreement during Assignor's ownership of the Property arising prior to the date of this Assignment and is not released from anything that occurred prior to the Effective Date. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Encroachment Agreement from and after the Effective Date. 3. The effective date of this Assignment shall be January_, 2018 (the "Effective Date"). All rights, duties and obligations of the Grantee under the Encroachment Agreement arising, accruing or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties and CSC No. Assignment and Consent to Encroachment Agreement OFFICIAL RECORD Page 1 CITY SECRETARY FT.WORTH,TX obligations of the Grantee arising, accruing or relating to the period thereafter shall be allocated to Assignee. 4. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all obligations under the Encroachment Agreement that arise from and after the Effective Date. 5. Assignor represents, warrants and covenants with City and Assignee that as of the Effective Date, Assignor has no actual knowledge of and has not received written notice of Assignor's default of any of its obligations contained in the Encroachment Agreement. 6. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignment. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 7. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with property postage, certified mail return receipt requested or by a nationally recognized overnight delivery service, and(ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. Com: Planning and Development Department 1000 Throckmorton Street Fort Worth TX 76102 Attention: Director Email: Assi nor: WTW Properties, Inc. 810 Houston Street Fort Worth,Texas 76102 Attn: Taylor Hayes Email:taylor_hayes@toenergy.com with a copy to: WTW Properties, Inc. 810 Houston Street Fort Worth, Texas 76102 Attn: Julia Anderson Email:julia_anderson@xtoenergy.com CSC No. Assignment and Consent to Encroachment Agreement Page 2 with a copy to: Winstead PC 300 Throckmorton Street,Suite 1700 Fort Worth,Texas 76102 Attn:Noelle Garsek Email:ngarsek@winstead.com Assianee: Sundance Parliament of Owls LLC 201 Main Street, Suite 700 Fort Worth,Texas 76102 Attn: Matt Carter,Vice President Fax No. 817-339-7058 Email: mcarter@finelinemail.com with a copy to: Sundance Square Management,L.P. 201 Main Street, Suite 700 Fort Worth,Texas 76102 Attn: Johnny Campbell,President and CEO Fax No. 817-339-7058 Email: jcampbell@sundancesquare.com with a copy to: Kelly Hart&Hallman LLP 201 Main Street, Suite 2500 Fort Worth,Texas 76102 Attn: Patricia F.Meadows Fax: 817-878-9749 Email: pati.meadows@kellyhart.com 8. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 9. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records of Tarrant County,Texas. 10. The Certificate of Insurance for the Grantee attached as Exhibit`B"to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as Exhibit`B"Revised!f=b/2018. 11. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. CSC No. Assignment and Consent to Encroachment Agreement Page 3 12. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] CSC No. Assignment and Consent to Encroachment Agreement Page 4 ASSIGNOR: WTW PROPE ES,INC., a Texas c 4oration By: Name: P le'-ter T u Title: Vice President STATE OF TEXAS § COUNTY OF TARRANT § The foregoing instrument was acknowledged before me this L day of January, 2018, by Peter A. Tunnard, the Vice President of WTW PROPERTIES, INC., a Texas corporation, on behalf of such corporation. N TA PUBLIC, STATE OFT AS =—°o, TAYLOR MICHELLE ry Gr., 1lAYE + 1 i*` ° NotaPubState of Taxa- ~ Notary yped or Printed Name y �Ng Comm.Expires 1,16-30-2020 �- V/ Notary�rrFs�s4sMy Commission Expires: I 1 -- CSC No. Assignment and Consent to Encroachment Agreement Signature Page I ASSIGNEE: SUNDANCE PARLIAMENT OF OWLS LLC, a Texas limited liability company By Fine Line Diversifie ealty In ., a Texas corporatio ,it er By: Name: Title: STATE OF TEXAS § COUNTY OF TARRANT § The foregoing instrument was acknowledged before me this n day of January, 2018, by �M )�• Nntp.-, Qui 4' of Fine Line Diversified Realty Inc., a Texas corporation, Manager 7UNDANCE PARLI MENT OF OWLS LLC, a Texas limited liability company, on behalf of such entity. NOTARY PUB C,STATE OF TEXAS �9e ec& 1k aLl Notary's Typed k Printed Name My Commission Expires: RHEIC-CAG-UPWARD No»jy Public S 'ATi:OF TEXAS :C,#128056084 a My C,, septeMDW 18.2021 CSC No. Assignment and Consent to Encroachment Agreement Signature Page 2 APPROVED AS TO FORM AND FORT ORTH LE ALITY: ssistant City Attorny 'Director Planning and Development Dep ment ATT T: - AOR' Date: City Sec et [No M& equired] �XAS STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2018, by f?MLDI E_[:�M6Ae Director of the Planning and Development Departn4 of the City of Fort Worth,a Texas municipal corporation on behalf of theCitVWort Worth. Notary ic, tate of Texas [NOTARIAL SEAL] 00090E1 al Jew N ;, ��u, ,� �o`��wrpVe`i JENNIFER LOUISE EZERNACK i OZOZ l0-EO say 3 'wwo0 y+1"":N': :a, ._ =Notary Public,State of Texas sexal;o aie1S 'o! nd�J ON=��,ae �'. c+Pc Comm. Expires 03-01-2020 )13VN83Z3 3SIf10 JI 3r �'�e�d�tid.�� �0' °;�`N�� Notary 10 130561630 +annr OFFICIAL RECORD CSC No. CITY SECRETARY Assignment and Consent to Encroachment Agreement Signature Page 3 FT.WORTH,TX 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 Exhibit"A"to Assignment and Consent of Encroachment Agreement Encroachment Agreement(CSC No.35671) (see attached) CSC No. Assignment and Consent to Encroachment Agreement Exhibit A—Cover Page CITY CON RACT NO Y' I ENCROACHMENT AGREEMENT 1 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 i through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and XTO Energy, Inc. acting herein by and through its duly authorized Vice President of Facilities hereinafter referred to as "Grantee", Owner of the property located at 600 Houston St., Fort Worth, Texas 76102 ("Property"). WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way, such Improvement(s) are described as follows: t *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 1 Of 18 HOUSTON STREET 1. A canopy (12'-0"L x 3'-0"D x 2'-0"H) will be attached T-10" above the existing sidewalk at the central portion of the building. The canopy will extend 2'-10" beyond the building property line into the public right of way. (Refer to Exhibits A-1, A-2, A-3, A-4, and A-5 for canopy location and details.) The encroachments listed here serve to improve and protect public access to the building and enhance the appearance of this downtown Fort Worth , building. i The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A-1, A-2, A-3, A-4, and A-5", attached hereto, incorporated herein and made a part hereof for all purposes. 2. i All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 2 *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 2 Of 18 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights-of-way involved, except as described herein and shown on the hereinabove referred to Exhibit"A". 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for 3 *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 3 Of 18 i damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or I management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two Hundred, Thirty-five and no/100 Dollars ($235.00). 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. S. 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 Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates and Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the i Property for the costs expended by the City to remove such Improvement. I I 4 I *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 4 Of 18 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 accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. Grantee understands and agrees that the granting of any encroachment 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. s *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 5 Of 18 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 Improvement, encroachment 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. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 6 *ACS/TRC* TARRANT Doc: 000338281 Date; 09/21/2007 Vol: 0000000 Page: 00000 Page: 6 Of 18 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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 SAID IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND i GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page; 00000 Page: 7 Of 18 described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10)days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as 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 encroachments 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 Consent Agreement in its entirety in the deed records of Tarrant County, Texas. 8 *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 8 Of 28 After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. I In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION i CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. i This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 9 Of 18 EXECUTED this c�*­ day of , 20_!2Z City Grantee City of-Fort Worth By: J t _.-- By: Fernando Costa, Joy Webster Director Vice President of Facilities ATTEST: Approved As To Form And Legality City Secretary Assistant City Attorney FNO M&C REQUIRED io *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 10 Of 18 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 Costa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE day of 200 evy KAREN Gl�MORENotary Public STATE OF TEXAS Comm•Exp.0811112011 *Notrvyic in and for the State of Texas tt •ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 11 Of 18 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the /' WI State of Texas, on this day personally appeared t/(/ EZ3 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �"r day of ! / ' 2007. otary Public in and for the State of Texas JACKLEE DS ffobry Pok,SW of texas �h Commission Expire$ Noveml$�r 22.2010 12 •ACS/TRC• TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 22 Of 28 18648 LpjU IL 1-W t w } II 57 15 i wri 1 Co ir- Z N 1 �; i S Z I 83 09 8 Z i g a Cr 1 � o LA I A FNN � R I \ p m � n o m IArX W L aCr w� ISIS Lpis '�z � m _ r *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 13 Of 18 a y� J W � 1-1 W OC:)� W s P4ihyg i F- w �LL, � ! I I I i I I I I I I n , I I I I I i I i ITill I W cc W 4C Cc X Co o W O O z 0 = 3 a z Qw �+ a I i I I I I I I I I i a Wu�. •0 0 I I I I I I II,, I I i I I I I I t w U W y f U]C z I1Z4 O Z W W O 1 � < 0 ` ��r N A_ O *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 14 Of 18 -T { 01 ~ � i I I Ir I I I IIT II ! I III I I 1Ii I 1 I )IT , 1 W W � c ti I ~ 4 � a I 01 , 1 w W I I __ t 1 --3i z i I � f f 1 1 I 1 ! I I 1 1 1 1 I � 1 �Y N I I�w + --J J h t 4 W w Lat X 777 1 .N1 ; 6 r- W Ul G'. Z � = N O N w y — J J = T C7 I — O CO 0 Y z cc --� W O O r X I I I I I I I I I a m LL O 0 I I 1 , I 1 I I I I I I I I I I I I 1 1 1 I I 1 , I ! I I ! I r l f I I 1 I r I 1 1 1 , 1 1 I I + Ln � h I to K �7 1 :i �W n w ti ¢n� urt� Q *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 15 Of 18 s pTT � r i 4 P i Pp W f W �It fA t tl i l l l l l l l l l l I c 11 I I I I i I I f I I -i m I I I ( I I I I ( f ( I WH I i I I I I I I i I I I J Cc x y I I I I i i I I I I i i h r I I ! ! ! I ! ! I I I a Z = n vi I I I I i I I I I I I I W O O0 Z I I I I I I. I I I I I I os C0 Cj) z i l I I I I I I I I I I ho arc I I I I I I I I I I I I us o o I I I I I I I I I I ! I (0 U. O I I I I I I I I I I I I I I I I f I I I I I S I I N N F � is o M N v � V *ACS/TRC* TARRANT Doc; 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 16 Of 18 z JI -.INow UFY z H o o ; iF=k d o j / O 3 ,..I a a $ S z F0,W W y 3 P-1 p a t5 ep- CM I ; (moi p ° It9 ti a � uul W J a W J W CA ~ m Ca d71 < W O G z CO3 O Ca F. Z F O w Q7 Q v W 0 90O 0 4 <O u. I d a ff 6 O O w� W d I N O a < � y g y I +Z *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 17 Of 18 KANDICE MARTIN CITY OF FTW DEVELOPMENT DPT 1000 THROCKMORTON ST FTW TX 76102 Submitter: KANDICE MARTIN FTW SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECQRD. Filed For R gistration: 09/2112007 01:66 PM Ins ment#: D207338281 A 18 PG3 $80.00 By: 1111111 SII 11111 IN IN 1111111111111111111111111111111 D207338281 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. *ACS/TRC* TARRANT Doc: 000338281 Date: 09/21/2007 Vol: 0000000 Page: 00000 Page: 18 Of 18 Exhibit`B"to Assignment and Consent of Encroachment AEreement Certificate of Insurance (see attached) CSC No. Assignment and Consent to Encroachment Agreement Exhibit B—Cover Page DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE F 02/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this r~ certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: CD� Aon Risk services southwest, Inc. PHONE (817) 810-4000 FAx (817) 339-2019 Fort worth Tx office (AIC.No.Ext): (ac.No.): CD 301 Commerce Street32 E-MAIL Suite 2370 ADDRESS: _ Fort Worth TX 76102 USA INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED INSURERA: Zurich American Ins co 16535 Sundance Parliament Of Owls LLC INSURER B: 201 Main street, suite 2700 INSURER C: Fort Worth TX 76102 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070212582 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 MMILDD MMIDD LIMBS A X COMMERCIAL GENERAL LIABILITY CPO - EACH OCCURRENCE $1,000,00b CLAIMS-MADE X❑OCCUR DAMAGE ToPREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,005 m GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 <`I POLICY ❑JECT RO- FXJ LOC PRODUCTS-COMP/OP AGG $2,000,000 O OTHER: o n AUTOMOBILE LIABILITY BINED SINGLE LIMIT COEa accident ANY AUTO BODILY INJURY(Per person) O OWNED SCHEDULED BODILY INJURY(Per accident) y AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident UM13RELLALIAB HOCCUR EACH OCCURRENCE 0 EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND PER OTH- EMPLOYERS'LIABILITYYSTATUTE R ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space is required) RE: Encroachment Contract# 35671 certificate Holder is included as Additional insured as required by written contract, but limited to the operations of the x: 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 AUTHORIZED REPRESENTATIVE Planning & Development-CFA Office PN18-00023 200 Texas street Fort Worth TX 76102 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD