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HomeMy WebLinkAboutContract 51420 CITY SECRETARY CONTRACT N0._ S G� EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial G� ca �l � t, � 2" ti �` 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 Texas InTownHomes, LLC, a limited liability company ("Licensee"), acting by and through its duly authorized Manager , owner of the real property located at 200 Carroll Street, Fort Worth, TX 76107("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 public utility 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 building cantilever (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. OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial ��- W0ft_THy Page 1 of 11 Revised 10/03/2018 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. Easement Encroachment Agreement-Commercial Page 2 of 1 1 Revised 10/03/2018 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, 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 Easement Encroachment Agreement-Commercial Page 3 of 11 Revised 10/03/2018 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. Easement Encroachment Agreement-Commercial Page 4 of 11 Revised 10/03/2018 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 Easement Encroachment Agreement-Commercial Page 5 of 1 1 Revised 10/03/2018 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] Easement Encroachment Agreement-Commercial Page 6 of 11 Revised 10/03/2018 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 WORTH Tex TownHo LC J By: (;�6LBy. Randle Harwo Name: Frank M.K. Liu Director Title: Manager Planning and D velopment Date: , 20 Ar ATTEST: Approved As To Form and Legality C' y Secret �_ 'Z Assistant City Attorney -�P ��++ Fact Compliance Manager E� &V: fj 1295: �r By signing I acknowledge that I am the person IV Responsible for the monitoring and Administration Of this contract, including ensuring all performance And portin requir e t . Janie S. Morales Development Manag r OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Easement Encroachment Agreement-Commercial Page 7 of I 1 Revised 10/03/2018 THIS PAGE FOR OFFICIAL CITY OF FORTWORTH t.T SE ONLY� STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on � (�C/ I �, U , 201 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of FortW th. t J 'U R-XIPIVIA I Not Publi tate of e s JENNIFER LOUISE EZERNACK Notary Public,State of Texas Comm. Expires 03-01-2020 Notary ID 130561630 lll/ll1\\ After Recording Return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 Easement Encroachment Agreement-Commercial Page 8 of 1 1 Revised 10/03/2018 STATE OF !r C&Ar § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Frank M. K. Liu, Manager (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 Texas InTownHomes, a limited liability corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of October, 2018. W I(S ANNIE DO NGUYENID#129034999My commission ExpireJuly 20,2020 Notary Public in and for the State of �Ex.Fr Easement Encroachment Agreement-Commercial Page 9 of 11 Revised 10/03/2018 LEGAL DESCRIPTION OF THE PROPERTY Lots 1 R-1 thru 1 R-4, 1 R-5X, 1 R-6X and Lots 11 R-1 thru 11 R-4, Block 8 Weisenberger Addition SEE EXHIBIT C Easement Encroachment Agreement-Commercial Page 10 of 11 Revised 10/03/2018 LEGAL DESCRIPTION 0.0111 OF AN ACRE BEING a tract of land situated in the W. BUSSELL SURVEY, Abstract 151, City of Fort Worth, Tarrant County, Texas, being part of Lot 1, Block 8, WEISENBERGER ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-A, Page 120, Deed Records of Tarrant County, Texas, and being part of "TRACT 1" described in the deed to Texas Intownhomes, LLC, as recorded in Instrument No. D215142877, Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod found at the intersection of the south right-of-way line of Whitmore Street (having a 60-foot right-of-way per Volume 388-A, Page 120, of said Plat Records) and the east right-of-way line of Carroll Street (having a 60-foot right-of-way per Volume 388-A, Page 120 of said Plat Records) THENCE South 89044'19" East, along the south right-of-way line of Whitmore Street, and the north line of said Lot 1, Block 8, a distance of 30.0 feet to a point; from said point a 1/2-inch iron rod with plastic cap stamped "RPLS 4818" found for the northeast corner of said Lot 1, Block 8, and being the northwest corner of Lot 2, Block 8 of said WEISENBERGER ADDITION bears South 89°44'19" East, a distance of 20.0 feet; THENCE departing said south right-of-way line of Whitmore Street, the following courses and distances to wit: South 0015'41"West, a distance of 6.10 feet to the POINT OF BEGINNING; South 8904419" East, a distance of 4.00 feet to a point for corner; South 0°15'41"West, a distance of 120.71 feet to a point for corner; North 89°44'19"West, a distance of 4.00 feet to a point for comer; North 0°1541" East, a distance of 120.71 feet to the POINT OF BEGINNING and containing 483 square feet or 0.0111 of an acre of land. Basis for bearing are based on the Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2010, North Central Zone 4202 for the GPS observations using the RTK Cooperative Network. ENCROACHMENT EXHIBIT part of Lot 1, Block 8 °F TF. WEISENBERGER ADDITION, 1ST ;,;�G*Rfi�'•`i' W. BUSSELL SURVEY, JAMES PAUL WARD ,JAMES PAUL V`A4D Abstract No. 151 ..r..............t..• REGISTERED PROFESSIONAL < � 56 City City of Fort Worth, Tarrant County, Texas LAND SURVEYOR NO. 5606 '9�,"°%Esso?�.•OQ' 801 CHERRY STREET, UNIT 11 SUM SUITE 950 Kimley* Horn FORT WORTH, TEXAS 76102 12750 Merit Drive,Sulle 1000 Tei.No.(972)770-1300 PH. 817-335-6511 Dallas,Texas 75251 FIRM#10115500 Fax No.(972)239-3820 '�/ Scale Drawn by Checked by Dale Project No. hS eat No. paul.ward@kimley-hom.com Yl2— W B WA JBH JPW 4/12/201E 081289703 1 OF2 HOPPER,GRADIN 4/12/2018 3:30 PM K:%F VEYW61289703-CARROLL STREETIDWGW61289703 CARROLL STREET ENCHROACHMENT EXHISIT.DWG EXHIBIT C LEGAL DESCRIPTION 0.0111 OF AN ACRE BEING a tract of land situated in the W. BUSSELL SURVEY, Abstract 151, City of Fort Worth, Tarrant County, Texas, being part of Lot 11, Block 8, WEISENBERGER ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-A, Page 120, Deed Records of Tarrant County, Texas, and being part of "TRACT 1" described in the deed to Texas Intownhomes, LLC, as recorded in Instrument No. D215142877, Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod found at the intersection of the north right-of-way line of Weisenberger Street (having a 60-foot right-of-way per Volume 388-A, Page 120, of said Plat Records) and the east right-of-way line of Carroll Street (having a 60-foot right-of-way per Volume 388-A, Page 120 of said Plat Records) THENCE South 89°44'19" East, along the north right-of-way line of Weisenberger Street, and the south line of said Lot 11, Block 8, a distance of 30.0 feet to a point; from said point a Y2-inch iron rod with plastic cap stamped "RPLS 4818" found for the southeast corner of said Lot 11, Block 8, and being the southwest comer of Lot 12, Block 8 of said WEISENBERGER ADDITION bears South 89°44'19" East, a distance of 20.0 feet; THENCE departing said south right-of-way line of Whitmore Street, the following courses and distances to wit: North 0°15'41" East, a distance of 6.10 feet to the POINT OF BEGINNING; North 0°15'41" East, a distance of 120.71 feet to a point for comer; South 89044'19" East, a distance of 4.00 feet to a point for comer: South 0°15'41"West, a distance of 120.71 feet to a point for corner: North 89°44'19" West, a distance of 4.00 feet to the POINT OF BEGINNING and containing 483 square feet or 0.0111 of an acre of land. Basis for bearing are based on the Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2010, North Central Zone 4202 for the GPS observations using the RTK Cooperative Network. ENCROACHMENT EXHIBIT part of Lot 11, Block 8 t WEISENBERGER ADDITION, W. BUSSELL SURVEY, Abstract No. 151 JAMES PAUL WARD JAMES PAUL 41':1RD . REGISTERED PROFESSIONAL ••�,_.-.••••. •••..F.,, City of Fort Worth, Tarrant County, Texas LAND SURVEYOR NO. 5606 801 CHERRY STREET, UNIT 11 SUR SUITE 950 _ Kimley* Horn FORT WORTH, TEXAS 76102 12750 Mall DWO.Saxe 1000 TN.No.(972)770-13DO PH. 817-335-6511 Dallas,Tons 75251 FIRM a 10115500 Fax No.(972)239-3820 Scale Drawn by Checked by Dete Project No. h Nn paul.ward@kimley-horn.com �Q .�`t�/Z 2A'� N/A JBH JPW 4/122018 081289703 1OF2 HOPPER,BRADIN 4/12/2018 3:31 PM K:1FTW EY1061289703-CARROLL STREE-RDWGW61289703 CARROLL STREET ENCHROACHMENT EXHIBIT.OWG EXHIBIT "A" Map of Encroachment and Easement Easement Encroachment Agreement-Commercial Page 11 of 11 Revised 10/03/2018 EXHIBIT A WHITMORE STREET NORTH (60' R.O.W.VOL. 388-A, PG. 120, DRTCT) P"O"C" S89044'19° S89°44'19"E 0 10 20 5/8"IRF 4.00' 20.00' S89"44'1B"E 3+0.00' 1/2"CIRF GRAPHIC SCALE IN FEET "RPLS 4818" 6.10' I I P.O. I I I I H ❑ I ~ woW CNw I W � I J � � _ I I I— °- I I z a z I u� a Ej O N J Go dab P Co O C7 m4/ Uj 00 - 0 Y 0 Q ~O U O N D 'n 0 0_ a J ED I I e J Uj (V U p m 0 ,xi U 0 I ALU 00 I 0.0111 ACF ES ° w Z) I m 483 SQ. FT. w 0 I � � 0J Go C4 I I Cv w 0 uS 74' I z o w to I I c� N Q _ oL I mob �- z0 o) LLJ i° Z 2 I I � 0 I U I I— z N89':44'19"vv 4.00' LINE TYPE LEGEND ENCROACHMENT EXHIBIT ------- BOUNDARY LINE part of Lot 1, Block 8 EASEMENT LINE WEISENBERGER ADDITION, LEGEND P.O.C.=POINT OF COMMENCING W. BUSSELL SURVEY, P.O.B.=POINT OF BEGINNING Abstract No. 151 CIRF=CAPPED IRON ROD FOUND IRF=IRON ROD FOUND City of Fort Worth, Tarrant County, Texas DRDCT=DEED RECORDS DENTON COUNTY,TEXAS OPRDCT=OFFICIAL PUBLIC RECORDS DENTON COUNTY,TEXAS Kimley))) Ho r n PRDCT=PLAT RECORDS DENTON COUNTY,TEXAS NOTESBasis for bearin are based on the Texas Coordinate S stem of the North Dabs1 .;B7294/2 g y Delay.Texas 75251 FIRM#10115500 faR No.[972I2HA 3820 American Datum of 1983 (2011) EPOCH 2010, North Central Zone 4202 arm.a, cM�r �b4 } ,y for the GPS observations using the RTK Cooperative Network. 1•-2(r JBH JPW 4/122018 081289703 2OP2 HOPPER,GRADIN#I?MI 13;31 PFA KiFTW SURy 12e9?=ARROl4 STftf =1289T00 CARROL&STREET ENOriPo EKT EXHI6rr.DWG EXHIBIT A I589`44'19"E I NORTH I I 4,00' I I I I 0 10 20 U z N O N GRAPHIC SCALE IN FEET r F — C14W � ocn I I a l J CO � -1WQLI FU— raoi W ITof CO T1- Z � WM � Z W C3 O - ~ O W E Z W N ZUZF— WO � Y C4 I a I � ( O � W0 � ' I ~O0 OS I a I z j I m m J ¢ J 0o X W U) N O m H z Z � of CN0a � N I < o 10.0111 ACRES 00 483 SQ. FT. M I.- i CD cy NOW CD I I I I I P.O.B. I P.O.C. NO°15'41"E 6.10' 1/2"CIRF "RPLS 4818" 5/8"IRF S89'44'1 9"E 30.00' N89044'19"W 589'44'19"E 4.00' 20.00' WEISENBERGER STREET (60' R.O.W.VOL. 388-A, PG. 120, DRTCT) LINE TYPE LEGEND ENCROACHMENT EXHIBIT ------- BOUNDARY LINE part of Lot 11, Block 8 — — EASEMENTLINE WEISENBERGER ADDITION, LEGEND W. BUSSELL SURVEY, P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING Abstract No. 151 CIRF=CAPPED IRON ROD FOUND IRF=IRON ROD FOUND City of Fort Worth, Tarrant County, Texas DRDCT=DEED RECORDS DENTON COUNTY,TEXAS OPRDCT=OFFICIAL PUBLIC RECORDS DENTON COUNTY,TEXAS Kimley* Horn PRDCT=PLAT RECORDS DENTON COUNTY,TEXAS NOTES Basis for bea y Dalta are based on the Texas Coordinate S stem of the North a x°Max e T625 1 1000 Tad.No.(972)770-1300 s,Taw 71 FIRM#10115500 Fax No.(972)239-3820 American Datum of 1983 (2011) EPOCH 2010, North Central Zone 4202 scale Drawn by Chocked by Dale Project No. Sheet No. for the GPS observations using the RTK Cooperative Network. 1'a 20 ASH DPW 4/12no1e 061289703 2 of 2 HOPPER,BRADIN 4/12/2018 3:31 PM K:\FTW SURVEY\061289703-CARROLL STREE RDWG\061289703 CARROLL STREET ENCHROACHMENT EXHIBIT.DWG EXWIF3iT c � `off WHITMOORE ST ....._...... �z o �W- NORTH NNS J......._— r'ug a N ....._...__.._JI LL W V— m (7 Z d co- co ci-Ile o _ -- �W� F U m ~ a FV- � p :., as OJm W 0 u p Z J _j &nw V_1 Wcn J Q o 3: O U) � J —_ ---- I z J wL U W�~ = N O � ma Q J OLof. w cc C z co Y w W z2 O t a a- Z ►- W I ° � O 0 Zw LU w � QJ J ---------- 0 U � Z Q WEISENBERGER ST w 0 EXHIBIT B AC® DATE.(MMIDD/YYYYI CERTIFICATE OF LIABILITY INSURANCE 7/25/2018 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 133UING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have.ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 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: Houston Certificates Hotchkiss Insurance Agency. LLC-Houston P HONE '13 956-9x00 talc.NoI.7 f 3-95Fi-0331 13430 NW Freeway, Suite 600 UVG.Nu_e.�lr..-` EMAIL Houston TX 77040-6312 ADDREss..;.....ceris@hiaile.com INSURERS AFFORDING COVERAGE NAIC fl INSURER A:Mid-Continent Casualty Company _ _ 23418 INSURED INTCLTD-r72 i.,IsuRER B Texas Mutual Insurance Company I 22945 InTownHomes, Ltd/5177 Builders, Ltd --� Texas InTownHcmes, LLC !Urban InTmvnHct es. LLC INSURER C:Continental Casualty Company 20443 1520 Oliver St. INSURER D:Mid-Continent Assurance Company _ 15380 Houston TX 77007 INSURER E:Travelers Indemnity Company 25658 INSURER F: COVERAGES CERTIFICATE NUMBER:1054291753 REVISION NUMBER: THIS IS TO CFR T iFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR I I IE 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 _ -- -- AODI SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM1o0JYYYY Mh1IOD/YYyY LIMITS D X i COMMERCIAL GENERAL LIABILITY 04GLG01004325 7112018 711;2019 EACH OCCURRENCE j S 1,000,coo DAMAGE O RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence S100.000 MFD EXP(Any one person) s PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER j GENERAL AGGREGATE S 2.000.]OO POLICY[�]jECT U LOC i I PRODUCTS-COMP!OP AGG S ZOCO.COO OTHER: s ,S- 2 I COMQINED SINGLE i..IMIT E AUTOMOBILE LIABILITY E3A8J54043717°EL f 9112017 ]Iii^0:8 5 L000,000 F­�--1 I � tlf IEa ac id=_ntl ,, ANY AUTO BODILY INJURY(Per Iergon) S OWNED AUTOS ONLY AUTOSBODILY INJURY(Per_cddert) S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY j Per accldenl 5 i S A X UMBRELLA LIABX OCCUR 04X5200066 7/112019 711!2019 i EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE I S5,000,COo DED X RETENTIONS Y -- S B WORKERS COMPENSATION0007209106 7/1/2018 7/12019 STATUTE 1 ER i AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE F-1 I E.L.EACH ACCIDENT $?.000.000 OFFICERiMEMBEREXCLUDED7 IN/A[ _.. _. ___-_____. — (Mandatory in NH) j E:L.DISEASE-EA EMPLOYEE S 1,000.000 If yes.descnF.e under ` DESCRIP[ION OF OPERATIONS below 1 IE.L.DISEASE-POLICY LIMIT iS1,000.W0 C I Builders Risk 6020112772 7/1/2018 71112019 Per Loc 2,000,OCO 525,000 ACP DED Per Ccc 10SM 000 525000 Narned SIOnn Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The general liability policy includes a blanket additional insured endorsement(ML1081 0413)that provides additional insured statL;s when required by written contract. The workers compensation policy includes a blanket waiver of subrogation endorsement when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Planning&Development—CFA Office PN 18-00041 AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD