HomeMy WebLinkAboutContract 52272 CITY SECRETARY
CONTRACT No. a�a _
PUBLIC RIGHT-OF-WAY 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, Assistant City Manager, or
Planning and Development Department Director, and Jefferson Oakhurst Scenic, LLC,
a Delaware limited liability company ("Licensee"), owner of the real property located
at NEC of Belknap and Oakhurst, NWC of Gillis and Juanita, Fort Worth, Texas
76111 ("Property"), acting by and through its duly authorized Senior Vice President.
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, attached as "Exhibit A" and incorporated herein for all
purposes; and
WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of-
way(individually or collectively, the "Public Right-of-Way") adjacent to the Property as
shown on the map attached to this Agreement as "Exhibit B," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach in, on, above, or below the Public Right-of-Way; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by 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 in, on, above, or below and
occupy a portion of the City's Public Right-of-Way as described in and at the location
shown on Exhibit B, but only to the extent shown thereon, for the purpose of installing a
private storm pipe (the "Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the Public
Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further
infringe in or on the Public Right-of-Way beyond what is specifically described in the
exhibit(s) attached hereto.
G� ti4�°'Q OFFICIAL RECORD
0
ROW Encroachment Agreement-Commercial 4 �CETARY
o�°tys�o a NURTH,TX
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, or occupancy shall comply and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
3.
Licensee, 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 the approval and consent of
the appropriate utility companies and agencies of the State of Texas and its political
subdivisions. In the event that any installation, reinstallation, relocation, or repair of any
existing or future utility or improvements owned by or 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 determined by the Director of
Transportation and Public Works or the Director of the Water Department, or their duly
authorized representative.
4.
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. The 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.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Right-of-Way to a
condition acceptable to the Director of Transportation and Public Works or the Director
of the Water Department, or their duly authorized representative, in accordance with
then-existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
ROW Encroachment Agreement-Commercial Page 2 of 12
Revised 12/2018
restore the Public Right-of-Way, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the 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, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the
amount of$1.44 per square/linear foot of the encroachment area upon execution of this
Agreement and annually thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, this Agreement may be terminated
upon Licensee's noncompliance with any of the terms of this Agreement. City shall
notify Licensee in writing of any noncompliance and if not cured within thirty (30) days,
this Agreement shall be deemed terminated, unless such noncompliance is not susceptible
to cure within thirty (30) days, in which case this Agreement shall be deemed terminated
in the event that Licensee fails to commence and take such reasonable steps as are
necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
8.
It is further understood and agreed between the parties hereto that the Public
Right-of-Way to be used and encroached upon is 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 Texas 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 Public Right-of-Way to be used for any other public purpose,
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.
ROW Encroachment Agreement-Commercial Page 3 of 12
Revised 12/2018
9.
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,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, 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 ALLEGED 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 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.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is 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
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 thirty(30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit C" and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and 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
ROW Encroachment Agreement-Commercial Page 4 of 12
Revised 12/2018
restoration of the Public Right-of-Way. All insurance coverage required herein shall
include coverage of all Licensee's contractors and subcontractors.
11.
Licensee 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 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.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
13.
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.
14.
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.
15.
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 Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the
Public Right-of-Way, 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.
ROW Encroachment Agreement-Commercial Page 5 of 12
Revised 12/2018
16.
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 attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
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 the 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 default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's 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.
19.
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.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ROW Encroachment Agreement-Commercial Page 6 of 12
Revised 12/2018
City: Licensee:
CITY OF FORT W TH Jefferson Oakhurst Scenic, LLC
a Delaware im' L bility C y
By: By:
Randle Har,477, Director Name: Matt Brendel
Planning& Develo me t Title: Senior Vice President
Date: Date:
•k.
ATTEST: y(y�. . �' Approved s To Form and Legality
A.
s1
._
City Secretary "/Trey
X�%b- Assistant City Attorney
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 rPT1n*ting requirements.
010
go Janie S. Morales
Development Manager
OFFICIAL RECORD
ROW Encroachment Agreement-Commercial CITYa§�Tb�'i2�� ARY
i***THIS PAGE FOR CITY OF FORT WORTH OFFICE [JSE ONLY
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 Randle Harwood, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
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 thistf day of
00Lj 20�.
N ry Public i zjnd for e to of Texas
After recording return to: ,. P!yP JE==LOUISEERNACKPlannin & Develo ment = " oe�'g p z% No of TexasDevelopment Coordination Office ;9r. . P C01-2020200 Texas Street ���of: 1630
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
ROW Encroachment Agreement-Commercial FT,P R)TX
Revised 12/2018
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Matt Brendel, Senior Vice President,
(Title) known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed, as the act and deed of Jefferson Oakhurst Scenic,
LLC, a Delaware limited liability company (entity type), and in the capacity therein
stated.
GIVEN CINDER MY HAND AND SEAL OF OFFICE this � day of
20
KARISSA NOELLE HARDING
Notary ID#11406338
Notary Public in and for the My Commission Expires
't oaf February 7.2022
State of�
OFFICIAL RECORD
CITY SECRETARY
ROW Encroachment Agreement-Commercial FT. WRIHM
EXHIBIT A
Legal Description of JPI Property
LOT AR,McGINNIS TRACT
and
LOT 3R, BLOCK 2, CLIFF ADDITION
an addition to the City of Fort Worth, Tarrant County, Texas and being a replat of
all of Lot A, McGINNIS TRACT, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the plat thereof recorded in Volume 388-47, Page 899,
Plat Records, Tarrant County, Texas, all of Lots 3 and 4, Block 1, and Lots 3
through 16 and 19 through 24, Block 2, CLIFF ADDITION, an addition to the City
of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in
Volume 490, Page 547, Plat Records, Tarrant County, Texas all of Lots 7 through
14, Block 1, AKERS & AIKMAN SUBDIVISIONS, an addition to the City of Fort
Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume
310, Page 24, Plat Records, Tarrant County, Texas, all of Juanita Street
abandonment, according to City Ordinance No. 23363-08-2018 all of Marshall
Avenue abandonment, according to City Ordinance No. 23363-08-2018 all of East
Belknap Street abandonment,according to City Ordinance No. 23363-08-2018
and being a part of the JOHN LITTLE SURVEY, Abstract No. 958, Tarrant
County, Texas.
ROW Encroachment Agreement-Commercial Page 10 of 12
Revised 12/2018
EXHIBIT B
Encroachment Exhibits and Metes and Bounds Legal Description of the
encroachments
ROW Encroachment Agreement-Commercial Page 11 of 12
Revised 12/2018
LEGAL DESCRIPTION
RIGHT-OF-WAY ENCROACHMENT
BEING a 1,250 square foot (0.0287 acre) tract of land situated in the John Little Survey, Abstract No. 958, City of
Fort Worth, Tarrant County, Texas; said tract being part of Gillis Street(a 50' right-of-way);
COMMENCING at a 5/8" iron rod with red "KHA"cap found in the north line of said Gillis Street; said point being the
most southerly southwest corner of Lot 3R, Block 2, Cliff Addition, an addition to the City of Fort Worth according to
the plat as recorded in Instrument No. D219057438 of the said Official Public Records of Tarrant County, Texas;
THENCE N 89°49'42" E, along the said north line of Gillis Street, a distance of 25.63 feet to the POINT OF
BEGINNING;
THENCE N 89°49'42" E, continuing along the said north line of Gillis Street, a distance of 25.00 feet to a point for
corner; from said point a 1/2" iron rod found at the intersection of the said north line of Gillis Street and the west
right-of-way line of Juanita Street(a variable width right-of-way)bears N 89e49'42" E, a distance of 99.34 feet;
THENCE S 0°10"8" E, departing the said north line of Gillis Street, a distance of 50.00 feet to a point for corner in
the south line of said Gillis Street;
THENCE S 89°49'42"W, along the said south line of Gillis Street, a distance of 25.00 feet to a point for corner;
THENCE N 0e10'18" W, departing the said south line of Gillis Street, a distance of 50.00 feet to the POINT OF
BEGINNING and containing 1,250 square feet or 0.0287 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202), with
an applied combined scale factor at 1.00012.
A survey plat of even survey date herewith accompanies this metes& bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT
OF r JOHN LITTLE SURVEY,
G'SToiP ABSTRACT NO. 958
ICHAEL C. BILLINGSLEY / CITY OF FORT WORTH,
REGISTERED PROFESSIONAL MI. • .E • •E.•.• •. .NGS:••
MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 •••• ...........................
801 CHERRY STREET, •••• ,0 6558 Kimley* Horn
UNIT 11 SUITE 1300 �9•goFESS\� o�
FORT WORTH,TEXAS 76102 'v0 " •••••.Ey 801 Cheny Street,Unit 11,#1300 Tel.No.(817)335-6511
PH. 817-335-6511 S U R Fort Worth,Texas 76102 FIRM#10194040 v .kirnley-hom.com
Scale Drawn by I Checked by I Date Proiect No. I Sheet No.
Michael.billingsley@kimley-horn.com NIA CDP MCB 72118/2018 064446443 1OF2
BILLINGSLEY,MICHAEL 4/1912019 9:31 AM K:\FTW SURVEY\064446443-OAKHUST SCENIC 2\DWG\064446443-OAKHURST SCENIC-ROW ENCROACHMENT.DWG
I
NORTH LINE TABLE I
0 10 20 NO. BEARING LENGTH LOT 3R, BLOCK 2 W <
L1 N89°49'42"E 25.00' CLIFF ADDITION W o
L2 soo°1o18"E 50.00' JGRAPH SCALE IN INST NO D219057438
I L3 s89°49'42"W 25.00' JEFFERSON OAKHURST
L4 N00°10'18"W 50.00' SCENIC, LLC
(INST. NO. D218235093) Z m
Q a
P.O.B.
5/8"CIRF"KHA"
(C.M.) _ L1
25.63' N89°49'42"E 99.34'
1/r IMP
N89°49'42"E
(C.M.)
P.O.C. RIGHT-OF-WAY
ENCROACHMENT GILLIS STREET
0.0287 ACRES (50'PUBLIC RIGHT-OF-WAY)
J J 1,250 SQ. FT.
LEGEND L3 LOT AR
P.O.C.=POINT OF COMMENCING MCGINNIS TRACT
P.O.B.=POINT OF BEGINNING (INST. NO. D219057438)
C.M.=CONTROLLING MONUMENT
CIRF=CAPPED IRON ROD FOUND JEFFERSON OAKHURST SCENIC, LLC
IRF=IRON ROD FOUND (INST NO. D218235093)
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202), with
an applied combined scale factor at 1.00012.
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the
metes and bounds of the encroachment tract. EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT
�E OF r JOHN LITTLE SURVEY,
/� ��PGISTO � ABSTRACT NO. 958
MICHAE C. BILLINGSLEY CITY OF FORT WORTH,
- • • ••
REGISTERED PROFESSIONAL MI•CHA EL CLE TARRANT COUNTY, TEXASO BILLINGSLEY
LAND SURVEYOR NO. 6558
CHERRY STREET, 0 6558
UN �: Kimley* Horn
UNIT 11 SUITE 1300 � •'��
9 FESS�') o
FORT WORTH, TEXAS 76102 4� Ey F01 ort Worth Texas 76102 Street,Unit 11,a 1300
a 10194040 Tel.
w .kiiaY horn com 1
PH. 817-335-6511 sale I Drawn by Checked by Date Proieci No. Sheet No.
16 michael.billingsley@kimley-horn.com 1'=20' CDP MCB 12n6/20 064446443 20F2
BILLINGSLEY,MICHAEL 4/19/2019 9:31 AM K:\FTW-SURVEY\064446443-OAKHUST SCENIC 2\7\NG\064446443-OAKHURST SCENIC-ROW ENCROACHMENT.DWG
File: Scenic\DWG\00e-Encwchment 04erKol-ogh,rsL ".m
X-IL. d" q.gt.-Qolhprll:l;Ig 4.1,-Qokhr,l Oau.r l d cUld-ChAhursk.mo XMTIC dw Wit-fi0!-T,Q13T H,4 xeoser
AKERS AVENUE \,v
,i, �'
T
T
0 , m
C) G)
z;d
0
0
GILLIS STREET- n -n-
Eiw
lun
m
X
X
---I C
;K
m n CD
> CD
-< 0
0 m
m Z 71
Z
0
<
> c:
13 CD
m
z
Cn X
0
Cl)
0
>
E
C) r- NORTH
m
n
m
m
--I
File: K:\FrW-Clbl6, 4&4fbA43-P,-Oekbws• Scenic\DWG\0De-Encoochment Le�ouli-S}�hl,rs1 7q[RIGHT OF VN�r] 2/15/2019 9:15om -
iir.f.: rea.,ndo� -00y,sLu rE.S.1r W`n�rkl p rr41n-7d+�,l SS C* r5%kT-{}ikh{ral.d� r$Ni.S1f��L�-Oo.fi rsl dY s41nn-Qpkh,r.l a, r141+ Cw�t,L:]e %I}}+�-L.� aM.lr-Qpkh4r*I__Ky ry4 KeO5er
1
ROW - -Mf
WA R LIN
2T
rn
a °a GILLIS
m G
m
A m
�_ --�---� TSANITAR�ER ---tea•
z
Q x 0
Sx
z
m ROW - -
n
Q
n
o
m
z
0
_ 0
M. mm NORTH
� FS
m+ m
� + N
0 0
i
L
a
12
z
w
o
U
LO N
a` L��a
V J z
w ¢
pa
Ls
av> v Q
z I I >
M N >
I of � I
w U LL
! a ¢v 0
O H
( p J T
a �L,_ 1
i
i
I
I
¢w ZZ*9 10
LL
OU O
0Z ! 9b
vw
w
WZ o '
0 N J N
Cl)
Q.
Q. \ U
aco
i I
!
I
I
i
I �
I
lasoax �l¢ n i tlY LF^1'Q2-•Iflr 0. Ic,nywop-uul L. 60.1+,n"'°O-+I++,;n,-+51Sx .p IP,,ya.6-ai.p P I.in4 p[i ii—mm .-jm_-jr ?a ■iS'3.
woLL:6 6LDEICI?f :AVJr 3O .IOMJ ■a jsjnyrop-S8IJaJd ,uawy.aO3u3-aOADMOV!ua S i.ln'Moh-w-4'4t9att9lfi-'3 .Llk:H :-It,
EXHIBIT C
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page 12 of 12
Revised 12/2018
® Exhibit C DATE(MM/DD/YYYY)
AcoR® CERTIFICATE OF LIABILITY INSURANCE 5/30/2019 2/7/2019
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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements.
PRODUCER Lockton Companies CONTACT _
1185 Avenue of the Americas,Suite 2010 PHONE 'Fa.
No
New York NY 10036 E-MAIL
646-572-7300 A
INSURE S AFFORDING COVERAGE NAIC#
INSURER A:Scottsdale Insurance Company 41297
INSURED Jefferson Oakhurst Scenic Holdings,LLC INSURER B:
1458106 600 E.Las Colinas Blvd,Suite 1800 INSURER C:
Irving TX 75039 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 15850972 REVISION NUMBER: XXXXXXX
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 ADDL SUBR POLICY EFF POLICY EXP
LTR POLICY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY N N NCS0001290 5/30/2018 5/30/2019 EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE E OCCUR PRMM SEAGET EaEoccurrence NTED $ 100 OOO
MED EXP(Any one person) $ XXXXXXX
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY PRO-
JECT LOC PRODUCTS-COMP/OPAGG $ 2000000
OTHER: $
AUTOMOBILE LIABILITY NOT APPLICABLE iAMaBcINdBrnSINGLE LIMIT $ XXXXXXX
ANY AUTO BODILY INJURY(Per person) $ XXXXXXX
AUTOED OS ONLY AUTOSULED BODILY INJURY(Per accident) $ XXXXXXX
HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX
AUTOS ONLY AUTOS ONLY Per accident
$ XXXXXXX
UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
EXCESS LIAR HCLAIMS-MADE AGGREGATE $ XXXXXXX
DED I I RETENTION$ $ XXXXXXX
WORKERS COMPENSATION NOT APPLICABLE I
SPER OTH-
AND EMPLOYERS'LIABILITY YIN TATUTE I I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXXXX
OFFICER/MEMBER EXCLUDED? ❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ XXXXXXX
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mom apace is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED.
CERTIFICATE HOLDER CANCELLATION
15850972
City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Planning&Development—CFA Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
g ACCORDANCE WITH THE POLICY PROVISIONS.
PN 18-00168 and PN 18-00169
200 Texas Street
Fort Worth TX 76102 AUTHORIZED REPRE$EiETAT E
14 A 6-
9)1 88-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD