HomeMy WebLinkAboutContract 61175Tier II ROW Encroachment Agreement Page 1 of 12
Revised 12/2022
Date Received: _____________________Record Number: PN23-00151
Time Received: _____________________ City Secretary No.: ____________
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER II
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
Director of the Development Services Department, Cavile Public Facility Corporation,
a(n) Texas non-profit corporation, and FW Cowan Place, LP a(n) Texas limited
partnership,(collectively the “Licensee”) both acting by and through their duly authorized
representatives.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 5400 E
Rosedale Street, Fort Worth, Texas 76105 (“Property”), being more particularly
described as, all of Block 1-R, Rosedale Plaza Addition, recorded in Deed Records as by
Instrument Number D215258663, in Tarrant County, Texas, and;
WHEREAS FW Cowan Place, LP through that certain lease agreement has a
leasehold interest in the Property; and
WHEREAS, the City owns a right of way (the “Public Property”) adjacent to
the Property, recorded in the plat records of Tarrant County in Volume 388-44, Page 48;
and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; 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 Property as described in and at the location shown
Tier II ROW Encroachment Agreement Page 2 of 12
Revised 12/2022
on Exhibit “A,” but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm line (the “Encroachment”). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit “A.”
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
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 and the use and occupancy of the Public Property, 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 of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City’s use of the Public Property;
however, the City shall 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 Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
Tier II ROW Encroachment Agreement Page 3 of 12
Revised 12/2022
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to 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 Encroachment and use of Public Property as 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 Nine Hundred Dollars ($900.00). Additionally, Licensee
agrees to pay a fee in the amount of $2.00 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, the City may terminate this
Agreement upon Licensee’s noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property 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 Property 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 Property 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 both the Encroachment and the public purpose.
Tier II ROW Encroachment Agreement Page 4 of 12
Revised 12/2022
9.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 “B” and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee’s contractors and subcontractors.
Tier II ROW Encroachment Agreement Page 5 of 12
Revised 12/2022
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 the county in which the Encroachment is located. 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 use of the Public Property.
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 Property and is not a conveyance of any right, title, or interest in or to the
Public Property, 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.
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.
Tier II ROW Encroachment Agreement Page 6 of 12
Revised 12/2022
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]
Tier II ROW Encroachment Agreement Page 7 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
By: _______________________________
D.J. Harrell, Director of the
Development Services Department
Date: ______________________________
ATTEST:
___________________________________
Jannette Goodall,
City Secretary
Date: ______________________________
Approved As To Form and Legality
___________________________________
Jeremy Anato-Mensah
Assistant City Attorney
Date: ______________________________
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.
_________________________________________
Rebecca Owen
Development Services
Date: _______________________________
Tier II ROW Encroachment Agreement Page 8 of 12
Revised 12/2022
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE 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 D.J. Harrell, 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 this_____day of
_____________, 20____.
__________________________________
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
LICENSEE
Cavile Public Facility Corporation
a Texas non-profit corporation
t
.
By: M y-Marg t Le s
Its: Secretary/Tre surer
Date: �`I�('L� "i �`�,d��
STATE OF ,r�a,5
COUNTY OF l� ,� �Q, n�
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
���, on this day personally appeared �` J- Q �n����,en�� (name),
�� C'�:�a� �! � �Pc��LrQ ,� (Title) lcnown 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 Cavile Public Facility Corporation, a Texas non-profit corporation, and in
the capacity therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �_ day of
� 20 �
�i
,�>FY P�e EVA C KEY
i � Notary ID #10943269
N , �+ My Commission Expires
'rf ef Z�+P August 15, 2025
Notary Public in and for the State of �,�(q �
Tier II ROW Encroachment Agreement Page 9 of 12
Revised 12/2022
LICENSEE
FW Cowan Place, LP,
a Texas limited partnership
By: FW Cowan Place GP, LLC,
a Texas limited liability company
ts: General Partner
�
By: ry-Mar et Le o s
Its: Secretary/T asure
Date: �Gh �} . � 0�'i-
STATE OF (�X C� `� §
COUNTY OF Te� � r� �, � §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�-CXa `� , on this day personally appeared ���,�. ��� r��" ��rr�en5 (name),
Je�.r�GfV ��Y't�5t.c r� � (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 FW Cowan Place, LP, a Texas limited partnership, and in the capacity
therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this � day of
�-'� �1. , 20 2� .
�(*0.Y pUg EVA C KEY
i��__�' � Notary ID J#10943269
�'� P My Cemmissicn Expires
_'TEOFS�+ August t5. Z025
Notary Public in and for the State of �-��,C�
Tier II ROW Encroachment Agreement
Page 10 of 12
Revised 12/2022
Tier II ROW Encroachment Agreement Page 11 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
LEGAL DESCRIPTION
RIGHT-OF-WAY ENCROACHMENT
BEING a 23 square foot (0.0005 acre) tract of land situated in the Daniel Dulaney Survey, Abstract No. 411, City of
Fort Worth, Tarrant County, Texas, said tract being part of of East Rosedale Street, a 100-foot right-of-way, said
tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set at the northwest corner of Block 1 R, Rosedale
Plaza Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-44, Page 48, Plat
records, Tarrant County, Texas, being at the intersection of the east right-of-way line of Andrew Ave, a variable
width right-of-way, and the south right-of-way line of said East Rosedale Street;
THENCE South 83°06'24" East, along the said south right-of-way line and along the north line of said Block 1 R, a
distance of 21.33 feet to the POINT OF BEGINNING;
THENCE North 6°30'49" East, departing the said south right-of-way line and the said north line, a distance of 11.73
feet to a point for corner;
THENCE South 83°29'11" East, a distance of 2.00 feet to a point for corner;
THENCE South 6°30'49" West, a distance of 11.74 feet to a point for corner in the said south right-of-way line and in
the said north line, from which a mag nail set at the northeast corner of said Lot 1 R bears South 83°06'24" East, a
distance of 533.07 feet;
THENCE North 83°06'24" West, along the said south right-of-way line and the said north line, a distance of 2.00 feet
to the POINT OF BEGINNING and containing 0.0005 acres or 23 square feet of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). 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.
� �O�
JOSHUA D. WARGO
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
'�P���o E��T _'9
� ; ' ���`�o'' . cs�
...............................
JOSHUA D. WARGO
...............................
':. ,� 6391 �, :'
l �'•'�'OF p�Q.� �Q
9ti° sEu R v �yo
RIGHT-OF-WAY ENCROACHMENT
DANIEL DULANEY SURVEY
ABSTRACT NO. 411
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LINE TABLE
NO. BEARING LENGTH
L1 N06°30'49"E 11.73'
L2 S83°29'11"E 2.00'
L3 S06°30'49"W 11.74'
L4 N83°06'24"W 2.00'
RIGHT-OF-WA
ENCROACHMEN
0.0005 ACRE
23 SQ. F
P.O.C.
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NOTES
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OWNER:
CAVILE PUBLIC FACILITY CORPORATION
CC# D215258663
Bearing system based on the Texas Coordinate System of 1983(2011
adjustment), North Central Zone (4202). A metes & bounds description
of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby
certifies that this plat of survey accurately sets out the metes and
bounds of the encroachment tract.
� �,/��
JOSHUA D. WARGO
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
EAST RpsEDq�E
Y 100'PUBLICRIGHT-OF-WSrREET
T �2
S � O
INLET �
T. �,
J CONCRETE SIDEWq�K
S83°06'24"E -
NORTH
� 10 20
GRAPHIC SCALE IN FEET
21.33' � S83°06'24"E 533.07'
L4 �
R � 20'X20' PUBLIC OPEN
• ✓ • �— SPACE EASEMENT
� VOL. 388-44, PG 48 MNS
� / � BLOCK 1 R
i ROSEDALE PLAZA ADDITION
VOLUME 388-44, PAGE 48
'�P���o E��T _'9
� ; ' ���`�o'' . cs�
...............................
JOSHUA D. WARGO
...............................
':. ,� 6391 �, :'
l �'•'�'OF p�Q.� �Q
9ti° sEu R v �yo
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
BOUNDARY LINE
PROPERTY LINE - - - -
POINT FOR CORNER Q
RIGHT-OF-WAY ENCROACHMENT
DANIEL DULANEY SURVEY
ABSTRACT NO. 411
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
� PRIVATE STORM IN R.O.W.
NOTE:
Landscape beds and irrigation in the median on E.
RosedaleContact PARD for irrigation plans before digging in
median or parkway. 817-392-5479 or e-mail
Michelle.Villafranca@fortworthtexas.gov for irrigation sheets
& possible inspection.
DEVELOPER:
MCCORMACKBARONSALAZAR COWAN PLACE EXHIBIT C'�
DEVELOPMENT, INC. IPRC RECORD NO IPRC21-0016
7200LIVESTREET,SUITE2500 PLAN VIEW
5T. LOUIS, MISSOURI 63101 GTY PROJECT NO 103219
CONTACT: MIKE SANDERS
GRAPHIC SCALE IN FEET
0 10 20 40
ENGINEER:
Kimley�;Hom
601 CHERRY STREET
SUITE 1300
FORT WORTH,TX76102
ENGINEERING FIRM REGISTRATION # F-928
Tier II ROW Encroachment Agreement Page 12 of 12
Revised 12/2022
EXHIBIT B
Certificate of Insurance
TMLIRP Contract Number:3687
Member:
Fort Worth Housing Solutions
Mr. David Willis
Risk Manager
1407 Texas St.
Fort Worth, Texas 76102
Certificate Holder:
City of Fort Worth
Planning & Development - CFA Office
Cavile Public Facility Corporation - PN23-00151
200 Texas St
Fort Worth, TX 76102
General Liability Effective Date:10/1/2023 Real & Personal Property Effective Date:
Anniversary Date:10/1/2024
Limits of Liability (Each Occurrence): $10,000,000
Limits of Coverage:
$2,000,000 Deductible per Occurrence:
Annual Aggregate:$10,000,000 Mobile Equipment Effective Date:
Deductible per Occurrence:$0 Anniversary Date:
Law Enforcement Liability Effective Date:Limits of Coverage:
Anniversary Date:Deductible per Occurrence:
Limits of Liability (Each Occurrence):Boiler & Machinery - Broad Form Effective Date:
Annual Aggregate:
Deductible per Occurrence:Per Accident Limit:
Errors and Omissions Liability Effective Date:Deductible per Occurrence:
Anniversary Date:Yes No
Limits of Liability(Each Wrongful Act):Mortgagee
Annual Aggregate:Loss Payee
Deductible per Occurrence:Loan Number:
Auto Liability Effective Date:10/1/2023 Year/Make/Model VIN Value
10/1/2024
Limits of Liability (Each Occurrence):$1,000,000
Deductible per Occurrence:$0
Auto Physical Damage Effective Date:
Limits of Liability:
Collision Deductible:
Comprehensive Deductible:
Yes No
Loss Payee: Loan Number:
DESCRIPTION:
30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind
upon TMLIRP.
Authorized Representative: Dee Angela Davis Date Issued:
1/12/2024
Certificate of Coverage
Texas Municipal League Intergovernmental Risk Pool (TMLIRP)
PO Box 149194
Austin, TX 78714-9194
(512) 491-2300 or (800) 537-6655
Fax: (512) 491-2404
Anniversary Date:
Evidence of Coverage for Public Property Right-Of-Way Encroachment License Agreement-Tier II for construction, placement, and maintenance of certain
improvements which will encroach in, on, above, or below the Public Property at 5400 E Rosedale Street, Fort Worth, Texas 76105, being more particularly
described as, all of Block 1-R, Rosedale Plaza Addition.
This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements,
terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by
TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s).
Coverage is continuous until canceled.
Sudden Events Involving Pollution
(Each Occurrence):
Anniversary Date:
Company Affording Coverage:
Anniversary Date:
Anniversary Date:
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail
X102
2/10/2015
TMLIRP Contract Number:3687
Member:
Fort Worth Housing Solutions
Ms. Heather Raiden
General Counsel
1407 Texas St.
Fort Worth, Texas 76102
Certificate Holder:
City of Fort Worth
Planning & Development - CFA Office
Cavile Public Facility Corporation - PN23-00151
200 Texas St
Fort Worth, TX 76102
Workers' Compensation
Effective Date:10/1/2023 Anniversary Date:10/1/2024
Limits of Liability:Statutory
DESCRIPTION:
30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind
upon TMLIRP.
Authorized Representative: Dee Angela Davis Date Issued:
1/12/2024
Certificate of Coverage
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail
Company Affording Coverage:
Texas Municipal League Intergovernmental Risk Pool (TMLIRP)
PO Box 149194
Austin, TX 78714-9194
(512) 491-2300 or (800) 537-6655
Fax: (512) 491-2404
Evidence of Coverage for Public Property Right-Of-Way Encroachment License Agreement-Tier II for construction, placement, and maintenance of
certain improvements which will encroach in, on, above, or below the Public Property at 5400 E Rosedale Street, Fort Worth, Texas 76105, being more
particularly described as, all of Block 1-R, Rosedale Plaza Addition.
This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any
requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain,the
coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts
between TMLIRP and its member(s). Coverage is continuous until canceled.
X119
2/10/2015
TMLIRP Contract Number:3687
Member:
Fort Worth Housing Solutions
Mr. David Willis
Risk Manager
1407 Texas St.
Fort Worth, Texas 76102
Certificate Holder:
City of Fort Worth
Planning & Development - CFA Office
Cavile Public Facility Corporation - PN23-00151
200 Texas St
Fort Worth, TX 76102
Public Employee Dishonesty Forgery & Alteration
Effective Date: 10/1/2023 Effective Date: 10/1/2023
10/1/2024 10/1/2024
Limits of Coverage:$1,000,000 Per Occurrence Limits of Coverage: $150,000
Per Employee Deductible: $5,000
Deductible: $5,000 Per Occurrence
Per Employee
Theft, Disappearance, & Destruction Computer Fraud
Effective Date: 10/1/2023 Effective Date:
Anniversary Date:10/1/2024 Anniversary Date:
Limits of Coverage:$50,000 Limits of Coverage:
Deductible: $5,000 Deductible:
DESCRIPTION:
30
Authorized Representative: Dee Angela Davis Date Issued:
1/12/2024
upon TMLIRP.
Company Affording Coverage:
Evidence of Coverage for Public Property Right-Of-Way Encroachment License Agreement-Tier II for construction, placement, and maintenance of
certain improvements which will encroach in, on, above, or below the Public Property at 5400 E Rosedale Street, Fort Worth, Texas 76105, being more
particularly described as, all of Block 1-R, Rosedale Plaza Addition.
Certificate of Coverage
Texas Municipal League Intergovernmental Risk Pool (TMLIRP)
PO Box 149194
Austin, TX 78714-9194
(512) 491-2300 or (800) 537-6655
Fax: (512) 491-2404
This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any
requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain,the
coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts
between TMLIRP and its member(s). Coverage is continuous until canceled.
Anniversary Date:Anniversary Date:
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail
days written notice to the above certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind
X177
2/10/2015
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
EL253
07/22/02
ADDITIONAL COVERED PARTY - OTHER GOVERNMENTAL ENTITY
LIMITED TO ACTIVITIES OF THE FUND MEMBER
This endorsement forms a part of the Declarations to which attached, effective on
the inception date of the coverage unless otherwise stated herein, and modifies
such coverage as is afforded by the provisions of the coverages shown below:
GENERAL LIABILITY
AUTOMOBILE LIABILITY
LAW ENFORCEMENT LIABILITY
ERRORS & OMISSIONS LIABILITY
Entity Name : Fort Worth Housing Solutions
Entity ID : 3687
Effective Date : 10/01/2023
It is agreed that the "Covered Parties" provisions of the coverages listed above are amended to
include as a covered party the governmental entity named below, but only with respect to the
liability arising out of activities of the Fund Member. Such coverage shall not exceed the limits
of coverage as set forth in the Declarations.
Governmental Entity: City of Fort Worth
Transportation & Public Works Department
Attn: Assistant Director
Cavile Public Facility Corporation
Address: 200 Texas St
City, State & Zip Code: Fort Worth, TX 76102
Description
Public Property Right-Of-Way Encroachment License Agreement-Tier II for construction,
placement, and maintenance of certain improvements which will encroach in, on, above, or below
the Public Property at 5400 E Rosedale Street, Fort Worth, Texas 76105, being more particularly
described as, all of Block 1-R, Rosedale Plaza Addition - PN23-00151
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
E107
05/20/02
WAIVER OF SUBROGATION
Waiver of our Right of Recovery From Others Endorsement
This endorsement forms a part of the Declarations to which attached, effective on the
inception date of the coverage unless otherwise stated herein, and modifies such coverage
as is afforded by the provisions of the coverage shown below:
WORKERS' COMPENSATION
Entity Name : Fort Worth Housing Solutions
Entity ID : 3687
Effective Date : 10/01/2023
We have the right to recover our payments from anyone liable for an injury covered hereunder. We will
not enforce our right against the person or organization named below where you are required by a written
contract to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named below.
Schedule
Name of person or organization:
City of Fort Worth Planning & Development - CFA Office
PN23-00151 Cavile Public Facility Corporation
200 Texas Street
Fort Worth, TX 76102
Description of operations:
PN-23-00151 Public Property Agreement -Tier II for construction.
placement & maintenance of certain improvements which will
encroach in, on above, or below the Public Property at 5400 E
Rosedale St. Fort worth, TX 76105
EMPLOYERS' LIABILITY
Texas Municipal League Intergovernmental Risk Pool
E111
10/15/2010
1821 Rutherford Lane, First Floor, Austin, Texas 78754
(512) 491-2300 | (800) 537-6655
Page 1 of 1
This endorsement forms a part of the Declarations to which attached,
effective on the inception date of the coverage unless otherwise stated
herein, and modifies such coverage as is afforded by the provisions of the
coverage shown below:
WORKERS' COMPENSATION
Member Name : Fort Worth Housing Solutions
Member ID : 3687
Effective Date : 10/01/2023
While the Fund does not believe that governmental entities can be held liable for exemplary
or punitive damages in a work-related death case and by this endorsement does not waive
any defense of governmental immunity to be so asserted; the Fund does agree to defend the
Member against such claims and should the highest Court in this state decide that governmental
entities such as the employer-member are liable for exemplary or punitive damages in a work-
related death case, the Fund will pay all monetary damages the Member shall become legally
obligated to pay, but not to exceed :
$ 500,000