HomeMy WebLinkAboutContract 63168Date Received: 4/24/2025
Time Received: 2.28 p.m.
Record Number: PN25-00021
City Secretary No.: 63168
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, and Cavile Public Facility
Corporation, a Texas non-profit corporation ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 4017 Snow
Creek Lane, Fort Worth, Texas 76008 ("Property"), being more particularly described
as, Lot 1, Block A, Lot 1 and 2, Block B, of Cavile addition to the City of Fort Worth,
Tarrant County, Texas, as recorded in Deed Records, as D216234432; and
WHEREAS, the City owns a right of way (the "Public Property") adjacent to
the Property, dedicated by plat, depicted on the final plat of the property (FS-22-031),
which plat is recorded in the plat records of Tarrant County as Instrument D223052961;
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
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
Tier II ROW Encroachment Agreement OFFICIAL RECORD page 1 of 12
CITY SECRETARY
FT. WORTH, TX
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
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
Tier II ROW Encroachment Agreement Page 2 of 12
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
Licensee has applied for, and the City has certified the Property as part of a
Neighborhood Empowerment Zone (NEZ) under Project Certification NZ21-01939 in
NEZ Area Six. In accordance with the NEZ Basic Incentives and Tax Abatement Policy,
which was approved by the Fort Worth City Council on January 2, 2022, Licensee is
eligible for a waiver of all Building Permit related fees and therefore, the application fee
for this Agreement has been waived. Throughout the term of this Agreement, Licensee
shall still be required to pay a fee in the amount of $2.25 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.
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
Tier II ROW Encroachment Agreement Page 3 of 12
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 HIND 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. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, 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 provide City with a
Memorandum of Insurance stating that Licensee has secured and paid for a policy
granting the City status as an additional insured and covering all public risks related to
the proposed use and occupancy of public property as located and described in Exhibit
"A." Licensee warrants that coverage is provided on a primary non-contributory basis
with a waiver of subrogation granted in favor of the City. The amounts of such insurance
shall be not less than
$1,000,000.00
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 or ten (10) days prior written notice in the case of non-
payment to the Building Official of the City. A copy of such Memorandum 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 4 of 12
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 5 of 12
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.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
Tier II ROW Encroachment Agreement Page 6 of 12
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II ROW Encroachment Agreement Page 7 of 12
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
z—_�
By: Dalton Harrell (,Apr 24, 2025 12:57 CDT)
D. J. Harrell
Director, Development Services Department
Date: Apr 24, 2025
ATTEST: Approved As To Form and Legality
Uaog40nnb
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Jannette Goodall,00
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City Secretary �p *,% 000* ity Attorney
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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.
-'DUB
Rebecca Owen (Apr 15, 2025 08:34 CDT)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II ROW Encroachment Agreement Page 8 of 12
Licensee:
Cavile Public Facility Corporation
a Texas non-profit corporation,
N
Title: Secretary/1
Date: Aopril 8, 2025
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 Mary -Margaret Lemons, Secretary/Treasury
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 Cavile
Public Facility Corporation, a a Texas non-profit corporation and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8th day of
12025.
Notary Public it�'a d for the
State of TEXAS
�•r
EVA C KEY
Notary ID #10943269 1
^ My Commission Expires i
n'rfoF+� August 15, 2025
Tier II ROW Encroachment Agreement Page 9 of 12
...THIS PAGE: FUR UITY OF FURT WUKTH UFFIUE USE UNLY"'
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 24th day of
April , 2025
,....
4 4 Y tc i
Notary Public in and for the State of Texas
;A QOf
t
r
Tier II ROW Encroachment Agreement Page 10 of 12
EXHIBIT A
Depiction and Description of the Encroachment
Tier II ROW Encroachment Agreement Page 11 of 12
LEGAL DESCRIPTION
BEING a 0.0006 acre (28 square foot) tract of land situated in the George W. Coonrod Survey, Abstract No. 291,
Tarrant County, Texas, and being a portion of East Rosedale Street, a variable width right-of-way, and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with "KHA" cap set at the west end of a corner clip at the intersection of the
south right-of-way line of said East Rosedale Street, and the west right-of-way line of Amanda Avenue, a variable
width right-of-way, and being at the northernmost northeast corner of Lot 1, Block A, Cavile Addition, an addition to
the City of Fort Worth according to the plat recorded in Instrument No. D223052961, Official Public Records, Tarrant
County, Texas;
THENCE South 89035'17" West, along the said south right-of-way line, and along the north line of said Lot 1, a
distance of 4.07 feet to the POINT OF BEGINNING;
THENCE South 89035'17" West, continuing along the said south right-of-way line, a distance of 2.00 feet to a point
for corner, from which a 5/8-inch iron rod with "KHA" cap set bears South 89°35'17" West, a distance of 168.70 feet;
THENCE North 00°00'00" East, departing the said south right-of-way line, a distance of 14.11 feet to a point for
corner;
THENCE North 90°00'00" East, a distance of 2.00 feet to a point for corner;
THENCE South 00000'00" East, a distance of 14.10 feet to the POINT OF BEGINNING and containing 28 square
feet or 0.0006 acres 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 and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the agreement tract.
ENCROACHMENT AGREEMENT
GEORGE W. COONROD SURVEY
Ve--7—
,��•.OF•TABSTRACT
No. 291
�JOSHUA D. WARGO
,�P•.•�G%STe.
yr•�' *
CITY OF FORT WORTH
REGISTERED PROFESSIONAL
:u'••
• ••••••••••••••••••••••••••••
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391
JOSHUA D. WARGO
801 CHERRY STREET,
••••••••••••••••••••••••••••�••
UNIT 11 SUITE 1300
° 6391 �•
`9iV�
Kirnlev*
Horn
FORT WORTH, TEXAS 76102
:F s .... f ly
801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040
PH. 817-335-6511
S V Iry
www.kimley-horn.com
josh.wargo@kimley-horn.com
Scale I
Drawn by I Checked by
Date
1 1
Project No.
Sheet No.
1
N/A
CRG JDW
1/27/2025
061310302
1OF2
GENSHEIMER, RILEY 1/27/2025 4:22 PM K \FTW SURVEY\061310302-CAVILE PHASE 2\DWG\061310302-CAVILE PHAS9 2_ENCROACI-IMENT AG4LMENT.DWG
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
EAST ROSEDALE STREET
(A VARIABLE WIDTH RIGHT-OF-WAY)
LINE TABLE
NO.
BEARING
LENGTH
L1
S89°35'17"W
4.07'
L2
S89°35'17"W
2.00'
L3
S89°35'17"W
168.70'
L4
N00°00'00"E
14.11'
L5
N90°00'00"E
2.00'
L6
S00°00'00"E
14.10'
0.0006 ACRES` 5
28 SQ. FT.
J \ (.C)
\ P.O.B.
\ IRSC
L3 L2 L1 P•O•C•
IRSC
LOT 1, BLOCK A
CAVILE ADDITION
INST. NO. D223052961 \
CAVILE PUBLIC FACILITY \
CORPORATION
INST. NO. D216234432
NOTES
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GRAPHIC SCALE IN FEET
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Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
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 agreement tract.
ENCROACHMENT AGREEMENT
GEORGE W. COONROD SURVEY
,��•.OF• T
ABSTRACT No. 291
f�OASHUA D. WARGO"
CITY OF FORT WORTH
REGISTERED PROFESSIONAL••••••••••••••••------••••••
... *u'••
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391
JOSHUA D. WARGO
801 CHERRY STREET,
••••••••••••••••••••••••••••�••
UNIT 11 SUITE 1300
° 6391 �•
`9iV�
Kirnlev*
Horn
FORT WORTH, TEXAS 76102
......... s �l�
801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040
PH. 817-335-6511
S V Iry
www.kimley-horn.com
josh.wargo@kimley-horn.com
Scale I
Drawn by I Checked by
Date
1 1
Project No.
Sheet No.
1
V=10,
CRG JDW
1/27/2025
061310302
2OF2
GENSHEIMER, RILEY 1/27/2025 4:22 PM K \FTW SURVEY\061310302-CAVILE PHASE 2\DWG\061310302-CAVILE PHAS9 2_ENCROACI-IMENT AG4LMENT.DWG
W W
ROSEDALE STREET
PRIVA STO LINE \J fl
LOT 31
J.L. GASS0 I K
(VOL.388-145 P .97) I �%
:A"ILE PUBLIC FACILIT( 17
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� WI II' � � PROJECT 1 DU�JB ,I; LOCATION
DEVELOPER ENGINEER:
MCCORMACK BARON SALAZAR H U G H ES HOUSE Kimley*Hom
DEVELOPMENT, INC. IPRC RECORD NO IPRC21-0162 SITE LOCATION MAP 801 CHERRY STREET
720 OLIVE STREET, SUITE 2500 SUITE 1300
ST. LOUIS, MISSOURI 63101 CITY PROJECT NO 103822 FORT WORTH, TX 76102
CONTACT: MIKE SANDERS ENGINEERING FIRM REGISTRATION # F-928
LEGEND
PRIVATE STORM IN R.O.W.
EX. 12" P.V.C. WATER (K-0623)
w w
82
FORT WORTH
0.D214278840)
EX. 8" SEWER (X-02390)
w
EX. 24" RCP (K-0623)
-------------------
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GRAPHIC SCALE IN FEET
0 10 20 40
PROP. PRIVATE STORM
10,
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I
DEVELOPER
MCCORMACK BARON SALAZAR H U G H ES HOUSE EXHIBIT A
DEVELOPMENT, INC. IPRC RECORD NO IPRC21-0162
7200LIVE STREET, SUITE 2600 PLAN VIEW
ST. LOUIS, MISSOURI 63101 CITY PROJECT NO 103822
CONTACT: MIKE SANDERS
ENGINEER:
Kimley*Hom
801 CHERRY STREET
SUITE 1300
FORT WORTH, TX 76102
ENGINEERING FIRM REGISTRATION # F-928
HORIZONTAL: 1 "=20'
VERTICAL: 1 "=2'
PROP. PRIVATE STORM
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DEVELOPER
MCCORMACK BARON SALAZAR H U G H ES HOUSE EXHIBIT A
DEVELOPMENT, INC. IPRC RECORD NO IPRC21-0162
720 LSTREET, SUITE
ST. LOUIS, MISSOURI 63101 CITY PROJECT NO 103822 ELEVATION/PROFILE VIEW
CONTACT: MIKE SANDERS
ENGINEER: ,
Kimley*Hom
801 CHERRY STREET
SUITE 1300
FORT WORTH, TX 76102
ENGINEERING FIRM REGISTRATION # F-928
EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 12 of 12
- Certificate of Coverage
TML
UfrERWVPRWWrAL RISK POOL
Member ID: 3687
Member:
David Willis
Director, Risk Management
Fort Worth Housing Solutions
1407 Texas St.
Fort Worth, Texas 76102
Certificate Holder:
City of Fort Worth
Planning & Development — CFA Office
200 Texas St
Fort Worth, TX 76102
Company Affording Coverage:
Texas Municipal League Intergovernmental Risk Pool
PO Box 149194 Austin, Texas 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.
Workers' Compensation
Effective Date: 10/01 /2024 Anniversary Date: 10/01 /2025
Limit of Liability: Statutory
DESCRIPTION:
PN25-00021 Encroachment Agreement - Agreement for Maintenance of Non -Standard Improvements to provide, furnish, and
perform specific services on City -owned sidewalks and right-of-ways (the "Project Site") located adjacent to Fort Worth
Housing's property, as further described in "Exhibit B" of Agreement. Waiver of Subrogation and Employer's Liability
endorsements are attached.
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will
endeavor to mail 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: Angela Mattress Date Issued:
X119
02/10/2015
Texas Municipal League Intergovernmental Risk Pool
1821 Rutherford Lane, First Floor, Austin, Texas 78754
(512) 491-2300 1 (800) 537-6655
04/03/2025
EMPLOYERS' LIABILITY
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 /2024
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
Texas Municipal League Intergovernmental Risk Pool
1821 Rutherford Lane, First Floor, Austin, Texas 78754
E111 (512) 491-2300 1 (800) 537-6655
10/15/2010
Certificate of CoverageTML
WrEP OVER UMAL W8K POOL
Member ID:3687
Member:
David Willis
Director, Risk Management
Fort Worth Housing Solutions
1407 Texas St.
Fort Worth, Texas 76102
Certificate Holder:
City of Fort Worth
Planning & Development - CFA Office
200 Texas St
Fort Worth, Texas 76102
Company Affording Coverage:
Texas Municipal League Intergovernmental Risk Pool
PO Box 149194 Austin, Texas 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.
General Liability
Limits of Liability(Each Occurrence):
Sudden Events involving
Pollution(Each Occurrence):
Annual Aggregate:
Deductible per Occurrence:
Law Enforcement Liability
Effective Date: 10/01/2024 Auto Liability
Anniversary Date: 10/01/2025
$10,000,000 Limits of Liability(Each
Occurrence):
$2,000,000 Deductible per Occurrence:
$10,000,000 Auto Physical Damage
$0
Effective Date: Limits of Liability:
Anniversary Date: Collision Deductible:
Limits of Liability(Each Occurrence): Comprehensive Deductible:
Annual Aggregate:
Deductible per Occurrence:
Errors and Omissions Liability Effective Date:
Anniversary Date:
Effective Date: 10/01 /2024
Anniversary Date: 10/01/2025
$1,000,000
$0
Effective Date:
Anniversary Date:
Limits of Liability(Wrongful Act):
Annual Aggregate:
Deductible per Occurrence:
DESCRIPTION:
Evidence of Coverage for Agreement for Maintenance of Non -Standard Improvements to provide, furnish, and perform specific
services on City -owned sidewalks and rights -of -way (the "Project Site") located adjacent to Fort Worth Housing's property at
1310 Texas St, Fort Worth, TX 76102, as further described in "Exhibit B" of Agreement; PN25-00021 Encroachment
Agreement. Waiver of subrogation applies as required by Agreement. Coverage is primary and non-contributory. Automobile
Liability includes Hired & Non -Owned Autos.
cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will
endeavor to mail 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: Angela Mattress Date Issued:
X102
02/10/2015
Texas Municipal League Intergovernmental Risk Pool
1821 Rutherford Lane, First Floor, Austin, Texas 78754
(512) 491-2300 1 (800) 537-6655
04/03/2025
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
coverage shown below:
GENERAL LIABILITY
Member Name Fort Worth Housing Solutions
Member ID 3687
Effective Date 10/01 /2024
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,
Planning & Development - CFA Office
Address: 200 Texas St
City, State & Zip Code: Fort Worth, TX 76102
Description
PN25-00021 Encroachment Agreement
Agreement for Maintenance of Non -Standard Improvements to provide, furnish,
and perform specific services on City -owned sidewalks and rights -of -way (the
"Project Site") located adjacent to Fort Worth Housing's property at 1310 Texas
St, Fort Worth, TX 76102, as further described in "Exhibit B" of Agreement.
Texas Municipal League Intergovernmental Risk Pool
1821 Rutherford Lane, First Floor, Austin, Texas 78754
EL253 (512) 491-2300 1 (800) 537-6655
07/22/2002
1'ML
INTERGOVERNMENTAL RISK POOL
TMLIRP Contract Number: 13687
Member:
Fort Worth Housing Solutions
Mr. David Willis
Director, Risk Management
1407 Texas St.
Fort Worth, Texas 76102
Certificate Holder:
City of Fort Worth
Planning & Development - CFA Office
200 Texas St
Fort Worth, TX 76102
Certificate of Coverage
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
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.
Public Employee Dishonesty
Effective Date: 10/1/2024
Anniversary Date: 10/1/2025
Limits of Coverage: $1,000,000 Per Occurrence
Per Employee
Deductible: $5,000 Per Occurrence
Per Employee
Theft, Disappearance, & Destruction
Effective Date: 10/1/2024
Anniversary Date: 10/1/2025
Limits of Coverage: $50,000
Deductible: $5,000
Forgery & Alteration
Computer Fraud
Effective Date: 10/1/2024
Anniversary Date: 10/1/2025
Limits of Coverage: $150,000
Deductible: $5,000
Effective Date:
Anniversary Date:
Limits of Coverage:
Deductible:
DESCRIPTION:
Evidence of Coverage for Agreement for Maintenance of Non -Standard Improvements to provide, furnish, and perform specific services on City -owned
sidewalks and rights -of -way (the "Project Site") located adjacent to Fort Worth Housing's property at 1310 Texas St, Fort Worth, TX 76102, as further
described in "Exhibit B" of Agreement; PN25-00021 Encroachment Agreement.
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail
30 days written notice to the above certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind
upon TMLIRP.
Authorized Representative: Angela Mattr6ss
v vw ca��,,
Date Issued:
04/03/2025 X177
2/10/2015