HomeMy WebLinkAbout044445-CA1 - General - Contract - DFIU Hogan Building, LLC and Morgan & Maddux, LLC Date Received: 03/31/2022 Permit Number: PN22-00019
Time Received: 4:15 pm City Secretary Number: 44445-CAl
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No.44445
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 30th day of March , 20 22 , by and between the CITY
OF FORT WORTH, a Texas home-rule municipal corporation ("C "), JDFIU Hogan
Building, LLC, a Texas limited liability company ("Assignor'), and Morgan & Maddux,
LLC, a Texas limited liability company ("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. 44445(the"Encroachment Agreement"), on the 15`h day of May, 2013, 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 purposes, and are
referenced therein and herein as the"Improvements";
WHEREAS, the Encroachment Agreement was recorded the 24th day of May, 2013, as
Instrument No.213132675 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 its 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.
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.
Encroachment Assignment Agreement
PN22-00019 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 fiuther 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. The Parties agree that CSC No. 24822 Consent Agreement, filed 04/30/1999,
recorded as Instrument No. D000109596, CSC No. 24822-CAI Consent to Assignment of
Encroachment Agreement, filed 07/09/2012, recorded as Instrument No. D212163098, and CSC
No. 24822-CA2 filed 05/15/2012 recorded as Instrument No. D212116873 in the Real Property
Records of Tarrant County, Texas, is superseded by the Encroachment Agreement CSC No.
44445 and is therefore of no further effect and is hereby released by the Parties.
9. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) 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
JDFIU Hogan Building,LLC
1696 S Loop 820
Encroachment Assignment Agreement Page 2 of 8
PN22-00019
Denton, Texas 76201
Assignee
Morgan&Maddux,LLC
352 North Rudd Street
Burleson,Texas 76028
10. 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.
11. Assignee shall cause this Assignment to be filed of record at Assignee's expense
in the Real Property Records for Tarrant County, Texas.
12. 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."
13. 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.
14. 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
PN22-00019
ASSIGNOR: ASSIGNEE:
JDFIU Hogan Building, LLC Morgan&Maddux, LLC
a Texas limited Liability company a Texas limited liability company
by: 36 Power Equity, LLC
a Texas limited liability company
its manager
By: By:
Name: Bryan P. Korba Name: e gan
u zed 'Title: Sole Owner/ President Title: gnatory
STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me by _je-1?1 ' 1""; as the of
Mvrr ,1E ��,dcf% ,a C_z G , on behalf of said corporation.
Notary Public, State of Texas
[NOTARIAL SEAL]
Crystal Kramer
. My Commmsion Expires
' 03112/025
a ID No 12UM74
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by , as the
of , a Texas non-profit corporation, on behalf of said corporation.
Notary Public,State of Texas
[NOTARIAL SEAL]
OFFICIAL RECORD
Encroachment Assignment Agreement CITY SECRETARY
PN22-00019 FT. WORTH, TX
ASSIGNOR:
JDFIU HOGAN BUILDING, LLC,
a Texas Limited Liability Company
By: 36 Power E ity,LLC,Maap�ag
a Texas limi ability compah
By.
Bryan ) orba,President
ASSIGNOR:
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me by Bryan Korba,as the president of 36 Power Equity,LLC,
Manager of JDFIU Hogan Building,LLC, on behalf
Notary Pablic, State o
DE/WNA SPENCE
[NOTARIAL SE 4�`�A`'QcE, Notary Public
�e State of Texas
����``++�� ID#130429151
Comm.Expires 11/03/2023
ASSIGNEE:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me by ,as the_ f _of
, a on behalf of said entity.
Notary Public, State of
[NOTARIAL SEAL]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment License Assignment Agreement Revised 4/2020
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEGALITY: '
i ,� rF�.l�� � DJ Harrell 202211:56 CDT)
FWBC Sec. 3210 DJ Harrell,Director
Thomas Royce Hansen,Assistant City Attorney Development Services Department
City Attorney's Office
Date: Mar 23,2022 Date: Mar 30,2022
X
TEST: ��G 6A0o 0
°
J etteS.Goodall(Mar31,202211 CDT) ��o
o °
o
Jannette Goodall 0,000 o=
City Secretary � ocl
(M&C not Required) d� 000000°° d
Date: Mar 31,2022
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.
Janie S.Morales
Development Manager
Date: Mar 23,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 5 of 8
PN22-00019
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on March 30th 2022 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.
Wendy L. Digitally signed by Wendy
L.Beardslee
le
WENDY L BEARDSLEE Date:2022.033016:30:10
Notary Public Beardslee _05'00'
STATE OF TEXASNotary I.D. 13323719-3 Notary Public,State of Texas
My Comm. Exp. July 28,2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 6 of 8
PN22-00019
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 7 of 8
PN22-00019
Page 1 of 20
�N
GRY swWAW
mama NO.
RIGHT OF WAY
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
Planning and Development Department Director,hereinafter referred to as the"City",and
JDFIU Hogan Building, LLC, acting herein by and through its duly authorized JDFIU
Hogan Building, LLC, Construction Manager hereinafter referred to as "Licensee",
Owner of the property located at 901 Houston Street, Fort Worth, TX 76102
("Property").
AGREEMENT
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee permission to construct/ install and/or allow to remain,
Improvement(s)("Improvement")that encroaches upon,uses and/or occupies portions of
the space under, on and/or above the streets,alleys, sidewalks and other public rights-of
way,such Improvement(s)are described as follows:
The existing above grade walls are directly on the property line.
1. New roof canopies at the north and west extend 5'horizontally from the above grade
walls thus encroaching into the right of way.(543 so
2. An existing door at the north is to be removed and replaced with a new door that will
swing into the ROW. (The area for this encroachment is included In the area for the
canopies)
3. The enclosing walls of the basement are below the sidewalk and are approximately
10.5'into the ROW. A new transformer vault is to be located in the basement with
access though new openings in the sidewalk. (47 sf)
4. An existing service ramp is to be removed and replaced with a new service ramp
within the alley ROW.(120 SF)
See attached Exhibit for plans,elevations and sections describing encroachments.
RECEIVED MAY 15 2013
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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 authorized
representative. All plans and specifications thereof shall be subject to the prior written
approval of the Director of Transportation and Public Works, or his duly authorized
representative,but such approval shall not relieve Licensee of responsibility and liability
for concept,design and computation in preparation of such plans and specifications.
3.
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in,under, on or above the surface area of the
streets, alleys, sidewalks and other public rights-of-way involved, except as described
herein and shown on the hereinabove referred to Exhibit"A".
4.
Licensee, at no expense to the City, shall make proper provisions for the relocation
and installation of any existing or future utilities affected by such encroachment use and
occupancy, including the securing of approval and consent from the utility companies
and the appropriate agencies of the State and its political subdivisions. In the event that
any installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by,constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction, maintenance or existence of such
encroachment and use, Licensee shall pay to City an additional amount equal to such
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additional cost as determined by the Director of 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.
6.
In order to defray all costs of inspection and supervision which City has incurred or
will incur as a result of the construction, maintenance, inspection or management of the
encroachments and uses provided for by this Agreement, Licensee agrees to pay to City
at the time this Agreement is requested an application fee in the sum of Two Hundred and
Seventy Five Dollars ($275.00). Upon execution of this Agreement and annually
thereafter,Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the
encroachment area.
7.
The term of this Agreement shall be for thirty (30)years, commencing on the date
this Agreement is executed by the City of Fort Worth.Provided however,this Agreement
I
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
8.
Upon termination of this Agreement, Licensee shall,at the option of City and at no
expense to City, restore the public right-of-way and remove the Improvement
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encroaching into the public right-of-way, to a condition acceptable to the Director of
Transportation and Public Works, or his duly authorized representative, and in
accordance with then existing City specifications. It is understood and agreed to by
Licensee that if this Agreement terminates and Licensee fails to remove the
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
as described herein, are held by City as trustee for the public; that City exercises such
powers over the public right-of way as have been delegated to it by the Constitution of
the State of Texas or by the Legislature; and that City cannot contract away its duty and
its legislative power to control the public right-of-way for the use and benefit of the
public.It is accordingly agreed that if the governing body of City may at any time during
j the term hereof determine in its sole discretion to use or cause or permit the right of way
to be used for any other public purpose, including but not being limited to underground,
surface of overhead communication,drainage,sanitary sewerage,transmission of natural
or electricity, or any other public purpose, whether presently contemplated or not, that
this Agreement shall automatically terminate.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Improvements over or within
the described public right of way and is not a conveyance of any right,title or interest in
or to the public right of way nor is it meant to convey any right to use or occupy property
in which a third party may have an interest. Licensee agrees that it will obtain all
necessary permission before occupying such property.
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11.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of 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,
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 respondent
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.
14.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HAR (LESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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 SAID IMPROVEMENT AND
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ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES 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 ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
15.
While this Agreement is in effect,Licensee agrees to furnish City with a Certificate
of Insurance,naming City as certificate holder,as proof that it has secured and paid for a
policy of public liability insurance covering all public risks related to the proposed use
and occupancy of public property as located and described in Exhibit"A".
The amounts of such insurance shall be not less than the following:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Licensee that such insurance amounts shall
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 provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit"B". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement.
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Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city streets. All insurance coverage required herein shall include coverage of all
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.
17.
In any action brought by the City for the enforcement of the obligations of
Licensee,City shall be entitled to recover interest and reasonable attorney's fees.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the City
Manager or designee. Any attempted assignment without prior written approval will be
void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
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i
EXECUTED this Oday of ,2
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City Licensee
City of Fort Worth JDFIU Hogan Building,LLC
i
i
Bv: By:
R.ANDLE HARWOOD Name: a ON- 00k
DIRECTOR Title:
PLANNING&DEVELOPMENT
ATTEST: Approved As To Form and Legality
jl�"OL
City SecretW Assistant City Attorney
v
. s
2012 ROW Encroachment Agreement-Commercial NO M&C REQUIRM
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Page 10 of 20
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,
on this day personally appeared Randle Harwood,known to me to be the person whose
name is subscribed to the foregoing instrument,and acknowledged to me that he/she
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—L'SJ±Ay of
20_L!�,_.
I
Notary Public in and for the
State o
Mimi]
AREZState or Texasion Expires
r 10,2013
i 2012 ROW Encroachment Agreement-Commercial
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r STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a No b�Public in and f the State of
�n , Gat� icr�f�.er
Texas,on this day personally appeared C na>h=u ger,known to
me to be the person whose name is subscribed to the foregoing instrument,and
acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed,as the act and deed of JDFIU Hogan Building,LLC,and in the
capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2013.
41
.�
KEN MUC�KOUS F Notary Public in and for the
my-comMatch 27.2015 State of Texas
2012 ROW Encroachment Agreement-Commercial
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*TRC- TARRANT Doc: 000132675 date: 05/24/2013 Vol: 0000000 Pago: OOOOU Page: 11 Of 20
Page 18 of 20
AC40 CERTIFICATE OF LIABILITY INSURANCE DATEPMMDNM)
5/7/2013
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 THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER COw,ACT Rachyl Mead
Agents Alliance services, Ltd PRONE (940)382-9691 FAX 00 (9l0)7a3-1050
Ramey Ring Insurance L ,zachylmead®rameyking.com
510 N. 135 E ENSURER AFFORDING COVERAGE NAIL 0
Denton TX 76205 INURERACaeneral Star
INSURED INSURER a:
JDFIU Hogan Building, LLC INSURERC:
1696 S. Loop 288 INSURERD:
INSURER E:
Denton TX 76205 INSURFRF:
COVERAGES CERTIFICATE NUMBER:CL12 6150 9 07 0 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE'INSURED NAMED ABOVE FOR THE POUcY-PERI D
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR'OTHER DOCUMENT WITH RESPECT TO WW O1 THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES2 I@ED'.HERFIIN IS SUBJECT TO
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID,
I TYPE OF INSURANCE POLICY kljltam POLICY .: Lail -GENERAL t1ASUM EACH OCCURRENCE S 1r 000,000
X COMMERCIAL GENERAL LIABILITY ,+17 0d,200 0
A CLAIMS•MADE a]OCCUR -287086 /20/2012 /20/2033' i MEI)EXP(Any one Parson) S •" `$;t000
PERSONAL B ADV INJURY i 1-Yd00--0
GENERAL AGGREGATE $ 2,000,000
GENt.AGGREGATE LIMIT APPLIES PER -
' PRODUCTS•COMPfOP AGG S --"-' i1Atded
X POLlCY PRO LOC $ __.....
AUTOMOBILE LUUNLITY O IN NGLE LIMIT
n1
ANY AUTO BODILY INJURY(Perpsrsorl) $
ALL CHEDULED
AUTOS OWNED AUTOS BODILY INJURY(Peraoadenl) S _..._.
HIRED AUTOS P - $
NON-OWNED PROPERTY DAMAGE S
AUTOS
UMBRELLA LL48 OCCUR EACH OCCURRENCE S ••• -
EXCESS LLAS CLAIMS-MADE - " AGGREGATE S ._.....-
DED RETENTION SS
WORXERS COMPENSATION WC STATU- Fa
ANY LIABILITY .• _
ANY PROPRIET(TRIPARTNEAlF�CECUTIVEa NIA E.LEACH ACCIDENT S
IM
OFFICEREMBER EXCLUDED?
(Mandatory In NX) ,+ - - EL DISEASE-EA EMPLOYE $ �' + -••--•
It yes,describe under
DESCRIPTION OF OPERATIONS below •" E.L.DISEASE•POLICY LIMIT S -••'-..1:3.ii.`
DESCRIPTION OF OPERATIONS 1 LOCATIGNS 1 VEHICLES(Attach ACORD 101.AddlOonal Remarks Schedule,11 more space,is requlraM '-''"''•"'''^
Res 901 HoustoII Street Fort Worth, TX 76102. Certificate Holder is mated as additional insured a8,tl^i,rl�g
interest may appear.
EXHIBIT B
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE-
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ,tR
City Of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
Plaaning and Development Department
1000 Throckmorton AUTHORI29D REPRESENTATIVE
Fort Worth, TX 76102
Jeff Ring/RLM �
ACORD 25(2010/05) 01988-2010 ACORD CORPORATION.All rights res,3njg�ly
INSD2Senvxulm Tho Amnon name,and Inn^are,ranintarad marice of ar:nRn
*TRC* TARRANT Doc: 000132675 Date: 05/24/2013 Vol: 0000000 Page: 00000 Page: 18 Of 20
Page 19 of 20
POLICY NUMBER: IMA-28708 6 COMMERCIAL GENERAL LIABILITY
CG 2011 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
This endorsement•modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Designation of Premises(Part Leased to You): 901 HOUSTON STREET, FORT WORTH, TX 76102
2. Name of-Person orOrganliation(Additional Insured): CITY OF FORT, WORTH
ATTN:PLANNING AND DEVELOPMENT DEPARTMENT:
1000 THROCKMORTON
FORT WORTH, TX 76102
3. Additional Premium: 150.00 FE
(If no entry appears above,the Information required to complete this endorsement will be shown in the Declarations
as applicable to-this endorsement.)
WHO.IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule but only with respect to liability arising out of the ownership, maintenance'or use of that part of the
premises leased to you and shown in-the Schedule and subject to the following additional exclusions:
This insurance does not apply to:
1. Ariy"occurrence"which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed .by or on 'behalf of the person or
organization shown In the Schedule.
CO 20 1101 96 Copyright;Insurance Services Office,Inc.,1994 Page 1 of 1
*TRC* TARRRNT Doc: 000132675 Data: 05/24/2013 Vol: 0000000 Page: 00000 Page: 19 Of 20
i Page 20 of 20
MARY LOUISE GARCIA
COUNTY CLERK .
s 100 West Weatherford Fort Worth,TX 76196-0401
s•-
PHONE(817)884-1195
CITY OF FORT WORTH
1000 THROCKMORTON ST
FT WORTH,TX 76112
Submitter. CITY OF FORT
WORTH/DEVELOPMENT&
PLANNING
DO NOT DESTROY
WARNING - THIS /S PART OF THE OFF
1ICIAL RECORD,
Filed For Registration: 5/24/2013 1:46 PM
Instrument P D213132675
A 20 PGS $88.00
D213132675
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.
•TRC• TARRANT Doe: 000132675 Date: 05/24/2013 Vol: 0000000 Page: 00000 Page: 20 Of 20
EXHIBIT B,REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 8 of 8
PN22-00019