Loading...
HomeMy WebLinkAboutContract 44653-CA1 Date Received: 10/28/201 Permit Number: PN21-00147 Time Received: 2:15 pm City Secretary Number: 44653-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 44653 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 27th day of October , 20 21 , by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("Lily"), Tarrant Services, Inc, a Texas corporation ("Assignor"), and FW 710 Main LP, a Texas limited partnership ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 44653 (the "Encroachment Agreement"), on the 14 day of July, 2021, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") 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, attached hereto as "Exhibit A" and incorporated herein by reference for all proposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 26 day of July , 2013 , as Instrument No. D213197028 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. 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 rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement. OFFICIAL RECORD Encroachment Assignment Agreement CITY SECRETARY PN21-00147 FT. WORTH, TX 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. 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 assignments. 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. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (1) sent by U.S. mail with proper 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. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor Tarrant Services, Inc. 2705 St Louis Ave Fort Worth, TX 76110 Encroachment Assignment Agreement Page 2 of 8 PN21-00147 Rev 04/2020 Assignee FW 710 Main LP 2623 White Settlement Rd Fort Worth, TX 76107 9. 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. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor 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." 12. 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. 13. 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] Encroachment Assignment Agreement Page 3 of 8 PN21-00147 Rev 04/2020 ASSIGNOR: Tarrant Se a T tion By: Name:'$'erry Hoover Title: President Date: October 19, 2021 STATE OF TEXAS § COUNTY OF --fAi.RA&r § This instrument was acknowledged before me by z.,aj as the 11I4t of O grie)?.R 9DZt, a Texas Corporation on behalf of said corporation. ARENotary Public, fate of Texas[NMy Commls� res STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me by , as the of ,a Texas Limited Partnership, on behalf of said Partnership. Notary Public, State of Texas [NOTARIAL SEAL] OFFICIAL RECORD Encroachment Assignment Agreement CITY SECRETARY PN21-00147 FT. WORTH, TX ASSIGNEE: FW 710 Main, LP A Texas limited partnership BY: FW 710 Main GP, LLC, A Texas limited liability company, Its General Partner By: -Y- - Name: Susan Gruppi Title: Manager Date: 10/19/2021 [NOTARIAL S&kL] STATE OF TEALS § COUNTY OF TARRANT § This instrument was ackncwledgcd before me aw 6PC of t 51C2,. ,m [•�,a Teas Limited Parinci-ship,cmi belydif Df id P I r MELANIE S tVOA COEDERS Not ub ' , tale of e+€ sNotaryFuhlic.State of Texas [NOTARIAL S t e r Comm.Expires 111.13.2023 '' Notrry iD 13DO75808 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: DJ Harrell(Oct 27,202113:14 CDT) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Oct 27,2021 Date: Oct 27,2021 a oo�oFOR.00 �a TTEST: o d vo g= o o d o d Ronald P. Gonzales, Acting �� °oo *d City Secretary ���� 00 nEXASaAp (M&C not Required) Date: Oct 27,2021 Contract Compliance Specialist: 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. ���Ra6ert�atz 6e�G,�r� Evelyn roberts on behalf of(Oct 27,2021 12:41 CDT) Janie S. Morales Development Manager Date: Oct 27,2021 OFFICIAL RECORD Encroachment Assignment Agreement PN21-00147 CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on October 27th, , 2021 by DJ Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort Worth,a Texas municipal corporation on behalf of the City of Fort Worth. Wend L Digitally signed by Wendy L o,�p.RYPGe/ WENDY L BEARDSLEE y Beardslee 2 �, Notary Public Date:2021.10.2715:35:55 + * STATE OF TEXAS Beardslee _05,00, P Notary I.D.13323719-3 9�OF My Comm.Exp.July 28,2025 Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY Encroachment Assignment Agreement PN21-00147 FT. WORTH, TX EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 7 of 8 PN21-00147 Rev 04/2020 Page 1 of 14 1 CITY SE MAW RIGHT OF WAY CONTRACT NO. I r ENCROACHMENT AGREEMENT (COMMERCIAL) 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 through its duly authorized City ,Manager or its duly authorized Assistant City Manager or t Planning and Developmenartment Director,hereinafter referred to as the"City", and Tarrant Services, Inc. , ing herein by and through its duly authorized Perry A. Hoover, President hereinafter referred to as "Licensee", Owner of the property located at 708 South Main Street, Fort Worth�as 7b104("Property"). AG MENT 1. For and in consideration of the payment b the fee set out below and the true and faithful performance of the mutual coven rtshiin contained, City hereby grants to Licensee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement")that encroaches upon,uses arid/ E occ, ies portions of the space under,on and/or above the streets, alleys, sidewalks an r lie rights-of- way,such Improvement(s)are described as follows: Awning at front of building r The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. 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 2012 ROW Encroachment Agreement-Commercial Page 1 of 10 RECEIVED .iUi- 2 3 1013 Page 2 of 14 authorized representative. All plans and specifications thereof shall be subject to the prior Mitten approval of the Director of Transportation and Public Works, or his duly authz �eresentative, but such approval shall not relieve Licensee of responsibility @i#a '' and liabo' f� concept, design and computation in preparation of such plans and �f s � specificatio . I"I" 1 "� 0'1i1 3. pia,. Upon completion o �� ruction and installation of said Improvement and thereafter,there shall be no en oac is in,under, on or above the surface area of the streets, alleys, sidewalks and otel�4b �ights-of-way involved, except as described herein and shown on the hereinabove e j d,#Exhibit"A". diio Licensee, at no expense to the City, s� �� �1 proper provisions for the t relocation and installation of any existing or fiz ; F �es affected by such r� encroachment use and occupancy, including the securing o� rS,�1 and consent from the utility companies and the appropriate agencies of the atg;, t its political tt, subdivisions. In the event that any installation, reinstallation, relocate air of any existing or future utility or improvements owned by, constructed by or f the public or at public expense is made more costly by virtue of the sltr „ � on, maintenance or existence of such encroachment and use, Licensee shall pay to'C �n additional amount equal to such additional cost as determined by the Director 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, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage. 2012 ROW Encroachment Agreement-Commercial Page 2 of 10 Page 3 of 14 6. I 'r r to defray all costs of inspection and supervision which City has incurred or will tr�' i result of the construction, maintenance, inspection or management of �t E`4i4iFk?�, the encroac Yn s ad uses provided for by this Agreement, Licensee agrees to pay to City at the tim ��� ement is requested an application fee in the sum of Two Hundred and Seventy Ft �lars ($275.00). Upon execution of this Agreement and annually thereafter, Lice seed,',,"e to pay a fee in the amount of$.56 per square/linear ,z '�) foot of the encroachment area. )ot,01111 "M The term of this Agreement shall b' r thirty 30)years, commencing on the date this Agreement is executed by the City of Fort W' ovided however,this Agreement shall terminate upon the non-compliance of any 0 of this Agreement by the Licensee. City shall notify Licensee of the non-comp #{h r �not cured within thirty days this Agreement shall be deemed terminated. ` rat{ 4011 8. Upon termination of this Agreement, Licensee shall, at the optiolif nd at no expense to City, restore the public right-of-way and remove the roe gent encroaching into the public right-of-way, to a condition acceptable to the Di'ec of h Transportation and Public Works, or his duly authorized representative, and ,ihj� � 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 Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 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 2012 ROW Encroachment Agreement-Commercial Page 3 of 10 Page 4 of 14 as described herein, are held by City as trustee for the public; that City exercises such power,1,11pver the public right-of way as have been delegated to it by the Constitution of the �ate2 , xas or by the Legislature; and that City cannot contract away its duty and ii@i ' 0,0111 its le is er to control the public right-of-way for the use and benefit of the fr FYI a public. It i�r c�ul ly agreed that if the governing body of City may at any time during the term hereo �2�i its sole discretion to use or cause or permit the right of way �, , to be used for any other��purpose, including but not being limited to underground, 4) ll l2rt l lV'+ surface of overhead commum��p drainage, sanitary sewerage, transmission of natural f 2ettl}tiyl}2, J or electricity, or any other puc p�rp"se, whether presently contemplated or not, that this Agreement shall automaticali g y Tor - Licensee agrees and acknowledges that t A Bement is solely for the purpose of permitting Licensee to construct,maintain and 1'� '6, provements over or within the described public right of way and is not a conveya lght, title or interest in or to the public right of way nor is it meant to convey any rid t o nor occupy property in which a third parry may have an interest. Licensee agree th � . ill obtain all necessary permission before occupying such property. � 61 400 ill I 4b, Licensee agrees to comply fully with all applicable federal, state and lo �al��'A ±i statutes, ordinances, codes or regulations in connection with the construction, operatig o ',ll„ and maintenance of said Improvement,encroachment and uses. 12. 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. 13. 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, 2012 ROW Encroachment Agreement-Commercial Page 4 of 10 Page 5 of 14 servant or employee of City and Licensee shall have exclusive control of and the exclu,00 right to control the details of its operations, and all persons performing same, and al�i� Vilely responsible for the acts and omissions of its officers, agents, servants, �t���i��I employe , Yactors, subcontractors, licensees and invitees. The doctrine of , tt a respondeat "for all not apply as between City and Licensee, its officers, agents, servants em �� actors and subcontractors, 1 ntr ctors, and nothing herein shall be �� . construed as creating a p ip or joint enterprise between City and Licensee. � a�I1 Ia gy" tg�, 14. LICENSEE COVENAN�,�� �GREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLDi ESS AND DEFEND CITY, ITS t OFFICERS, AGENTS, SERVANTS A: EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR, � � ERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDIN� ��' TO ANY AND ALL 44 PERSONS,OF WHATSOEVER KIND OR CHA ETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, f�C P NCY, USE, EXISTENCE OR LOCATION OF SAID IMPROV�� AND ENCROACHMENT AND USES GRANTED HEREUNDER,WHE � RIOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLI �I 'k' F OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRA SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; 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 ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 2012 ROW Encroachment Agreement-Commercial Page 5 of 10 Page 6 of 14 15. hile this Agreement is in effect, Licensee agrees to furnish City with a Cert Ic 0 nsurance,naming City as certificate holder,as proof that it has secured and paid for r }� 1J of public liability insurance covering all public risks related to the , tsE Fit proposed us oc pancy of public property as located and described in Exhibit"A". The amounts o ce shall be not less than the following: I11 ��'�M d�720014111)frz t tiwi l}RS"}�}� � 1 00,000 Commercial General Liability ��J,�jaty„jt with the understanding of and agrc, nil Licensee that such insurance amounts shall be revised upward at City's option"a ih icensee shall so revise such amounts immediately following notice to LicenseeN, such requirement. Such insurance policy ri�hliu r� shall provide that it cannot be canceled or amen �hout at least ten (10) days prior All written notice to the Building Official of the � Worth. A copy of such 1 Certificate of Insurance is attached as attached as Exhi ��,ensee agrees to submit a similar Certificate of Insurance annually to City on e anirsaty date of the execution of this Agreement. �� A , IMP, s doJ� Licensee agrees, binds and obligates itself, its successors and ss� it�i 1h mtain and keep in force such public liability insurance at all times during thel�m his Agreement and until the removal of all encroachments and the cleaning and restoat the city streets. All insurance coverage required herein shall include coverage off Licensees' contractors. 16. 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 Consent Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 2012 ROW Encroachment Agreement-Commercial Page 6 of 10 Page 7 of 14 t l 7. any action brought by the City for the enforcement of the obligations of I ic� ,�v shall be entitled to recover interest and reasonable attorney s fees. i 1 S} r?ir�} 1�fit1��' Il' 4} t! 18. License 't'1 � and agrees that it will not assign all or any of its rights. "iI III privileges or duties 1.111 contract without the prior written approval of the City �q,4�ll� �Iliiggs, t$ti Manager or designee. Any ,�t ed assignment without prior written approval will be void. AR £` s �dd} i 00014P THE PARTIES AGREE THE „ THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL VE THE TERMINATION OF THIS AGREEMENT. � ( Q4t, 20. stst This Agreement shall be binding upon the parties eto heir successors and fi f assigns. 21 xtl (i{,irU EXECUTED this. �day JGd /. " 2012 ROW Encroachment Agreement-Commercial Page 7 of 10 Page 8 of 14 City Licensee City"j�f F �, , orth TYPE : Tarrant Services Inc. P rA��� a NDLE HAR WOOD z F DIRECTOR Name: Perry A.Hoover PLANNING&DEVELOPM 1 Title:President ATTEST: ��{�� roved As To Form and Legality o p oOp 1# City Sec ary Q� $° e° istant( � �t OO00000 .cY Ob, �' l�l � k { f ,t, 2012 ROW Encroachment Agreement-Commercial Page 8 of 10 Page 9 of 14 STATE OF TEXAS § �yl�lllllllli� COT�I` f TARRANT § F '00' BEFO ersigiled authority,a Notary Public in and for the State of Texas, on this day personaty ar" Randle Harwood, known to me to be the person whose name is subscribed to the If�iing instrument, and acknowledged to me that he/she executed the same for the p ses %id consideration therein expressed, as the act and deed of the City of Fort Worth, th4pacity therein stated. GD4E UNDER MY HAND AN » 'AL OF OFFICE thi day of 20 , 111 41 CAS,SPNDRA f rUREMA`� ° _Nt1''UtV V7t r.,t,ICia d)t tys,,g �, "j� r MV r ryvr,SS�,P tki�u!'S � � , A;rr.2h,2017 j a Notary Public in State of Texas �<<� � 7 rlp� ilJllz 2012 ROW Encroachment Agreement-Commercial Page 9 of 10 Page 10 of 14 STAB iJ 'OF TEXAS t COU RRANT § BEFORE E. t b �rsianed authority, a Notary Public in and for the State of 14 4i4 4 Texas, on this day person alo� � . Pr�� ¢mow✓�'r known to red me to be the person whos nanfi�tt subscribed to the foregoing instrument, and acknowledged to me that he/she c tithe same for the purposes and consideration therein expressed, as the act and deed 0, „�� and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL1 50'>> � this day of �r 20 /9. �`�� � t�J fi �t� ��Y�111111111���� 2x S Tn'% � ,R OtpRYP�e:TQ�� � r' '1 , Notary Public in and for ����� _ - State of Texas Oslo qRY Al, l <<< ��/lltltl9}44 2012 ROW Encroachment Agreement-Commercial Page 10 of 10 Page 11 of 14 1� R 1"4 a C o 15 c t � r. v, •� \ 4 001N ; �g S/O6w'd � 1 tt J C4<!C. 3 (n r�-O� � to � A N C fD RJ i'S �•Q.R1 () G C -n n ID rF 'S t/1 a s n �-r ro ro n w T= O O o �rn o'-1 in nlTho rr o z cn S c -s I F1 tz Fy y Page 12 of 14 ,k m mI� � C" n 4 G a a xyyam. (D w � 'is, a ->t bn ice. rt i ct CT qo� rya (D \"S#A, m �� 43.ti y 0 (1LQ jrt Ord N4 a °1 y ; m P.J NJ ,V ID CD V.CD m col — ur lw j__ 1h to � as CrJ (' a s 'Ira — Page 13 of 14 ' 7 �ACC11, ''� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYW) i' 07/01/2013 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 TH E POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR P ODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the c cat holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and cond ''ns a policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in andorsement(s). PRODUCER TJ' �11(`L NACONTACT ME: Lana Parks The Parks Group,Inc. ,il, AICONno a:t: (817)608-0150 A/C No: (817)608-0152 PO Box 1670 ADDRESS: 1parks@parksgroup.com INSURE AFFORDING COVERAGE NAIC i Arlington TX 76D�0{�+)+)G)+ f INSURERA: AdmirallnsuranceCompany INSURED 5'� �rtr� �, INSURER B: FDurSeasons Restoration,Inc I�� INSURERC: Tarrant Services Inc �6� ���' ��I' �� INSURER D PO Box 269 INSURERE: Fort Worth TX 76 1, ,r{{ INSURER F ,COVERAGES CERTIFICATE NUMB ', ,, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED } �IAV , EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR C T S Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AF . TH POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY H' ' E EDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE 1 POLICY NUMB MIDDIYYYY MIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LABILITY �� PREMISES Ea occurrencre $ 50,000 ❑ { CLAIMS-MADE X OCCUR , A MEE EXP Anv oneperson) 5,000 A CA000016148-02 (119l2013 PERSONA L&ADVINJURY $ 1,000,000 t [G�EHERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. SijS�S4�` CTS-COMPIOPAGG $ 2,000,000 X POLICY PRIF(O- LOC ,'f $ AUTOMOBILE LIABILITY. MBINED SINGLE LIMIT �j ni'accident ANY AUTO �' IpI IODI I�INJU RY(Per Pelson) $ ALL OWNED SCHEDULED E 'tl 4f 1 AUTOS AUTOS '"'' RY(Pera dent $ HIRED AUTOS NON-OWNED k P , 1 AMAGE $ AUTOS er 4:i:,) UMBRELLA LIAB OCCUR EACH C� � Y4f1,. $ LIAR EXCESS s CLAIMS-MADE AGGREGAT AMt. DED RETENTION WORKERS COMPENSATION WC STATU AND EMPLOYERS'LIABILITY YIN 'Al",I ANY PROPRIETOR,PARTNER/EXECUTIVE NIA EL EACH ACCIDENT CFFICERIMEMBER EXCLUDED? t p (Mandatory in Ni E_L.DISEASE EA EMPLOY $ I���I�'"4i' 'f yes,describe under DESCRIPTION OF OPERATIONS below ELDISEASE-POLICYI IM IT $� � DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) EVIDENCE OF INSURANCE EXHIBIT B CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth;Department of Development THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: David Schroder ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St AUTHO (ZED REPRESR!, Fort Worth TX 76102 S'©1988--201100 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 14 of 14 MARY LOUISE GARCIA z � COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196 0401 PHONE(817)884-1195 CITY OF FO O -`,H 1000 THROCK FT WORTH, TX 761� r Submitter: CITY OF FORT WORTH/DEVELOPMENT PLANNING „� 01, oP DO NOT DE ' WARNING — THIS IS PART OF THE F CIAL RECORD. Filed For Registration: 7/26/2013 2:19 PM Instrument#: D213197028 � rw ass A 14 PGS �> 04, A By. {fs r`�Rfl1 D213197028 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. EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 8 of 8 PN21-00147 Rev 04/2020