HomeMy WebLinkAbout051900-CA1 - General - Contract - MPR Consultants, Inc. and DFW 1145 University LLCDate Received: 4/27/2026
Time Received: 4:25 p.m.
Record Number: PN26-00015
City Secretary Number: 51900-CA1
FIRST ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 51900
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 24TH day of April , 2026, by and between the CITY
OF FORT WORTH, a Texas home -rule municipal corporation ("City"), MPR Consultants
Inc., a Georgia Corporation ("Assignor"), and DFW 1145 University LLC, a Delaware
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.51900 (the "Encroachment Agreement"), on the 1 ith day of February, 2019, 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 14th day of February, 2019,
as Instrument No. D219029225 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
Encroachment Assignment Agreement
Standard
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 9
FT. WORTH, TX Rev 12/2022
3. Assignor has full right, power, and authority to enter into this Assignment, to
make the representations set forth herein, and to carry out Assignor's obligations hereunder.
Assignee has the full right, power, and authority to enter into this Assignment, to make the
representations set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor,
and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall
be allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of
the Effective Date, Assignor is not in default of any of its obligations contained in the
Encroachment Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent
granted herein should not be construed as consent to any further assignments. The failure or
delay of City in seeking to enforce any provision of the Encroachment Agreement or this
Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of
any subsequent breach of the terms and provisions therein or herein contained.
8. Any notice given by any Parry 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 Parry
designates by proper notice to the sending Parry.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
MPR Consultants, Inc.
Assignee
DFW 1145 University LLC
3300 Kerbey Lane
Austin TX 78703
Page 2 of 9
Rev 12/2022
Encroachment Assignment Agreement
Standard
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense
in the Real Property Records for Tarrant County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of
Insurance from the Assignee as "Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 9
Standard Rev 12/2022
ASSIGNOR:
MPR Consultants, Inc.
a Georgia Corporati n
By: !
Name: Victor J. Mills
Title: President
Date:
STATE OF GEORGIA §
COUNTY OF RICHMOND §
BUT is
BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this
day personally appeared Victor J. Mills, President 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 MPR
Consultants, Inc., a Georgia corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
M a r C' I , 2026.
S,M
•r•.•••OSCOA
f••'''••.
4; ,;' OT` X r's•
Notary Public in and for the
a ,•' £XPMFS
State of Fe x7s—Fc�eo I g
GEORGIA
03 03.028
`,QfOND 0? , '
day of
Encroachment Assignment Agreement Page 4 of 9
Standard Rev 12/2022
ASSIGNEE:
DFW 1145 University LLC
a Texas limited liability company
By: Fort Worth Hotel JV LLC
a Delaware limited liability company
its Governing Person
By:
Name: Jack Cantele
Title: President
Date: ,eG
STATE OF `� §
COUNTY OF §
BEFORE MTV, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared ���/�� , S��p�� 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 V'r?z dS U4, cif rc�� a 1 rib o to
,�.._! !:� rP--ems l ��� F� ! �,4�(.�?,C.�ta/1
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
.2026.
Notary Public in and for the
State of Texas
•' ;,, MICAH CONNALLYALVAREZ
My Notary ID # 134203128
""I Expires March 15, 2027
Encroachment Assignment Agreement Page 5 of 1)
Standard Rev 1212022
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
APPROVED AS TO FORM AND
CITY OF FORT WORTH
LEGALITY:
Dalton Harrell (Apr 24, 2026 14:04:37 CDT)
Tayler Canton D.J. Harrell, Director of the
City Attorney's Office Development Services Department
Date:
04/23/2026 Date: 04/24/2026
Q.00vopp4�
0 FORt�opo,
/.g
Pv8 o=d
ATTEST:
nn�a o4
Jannette Goodall
City Secretary
(M&C not Required)
Date: 04/27/2026
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.
JAB
Kandice Merrick
Development Services Manager
Date: 04/21 /2026
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 6 of 9
Standard Rev 12/2022
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
2026.
Notary Public in and for the State of Texas
7Audray Lelia YWallace
f v11 C112,029
ID135062.586
Page 7 of 9
Rev 12/2022
Encroachment Assignment Agreement
Standard
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 8 of 9
Standard Rev 12/2022
CITY SECRETARY
CONTRACT NO. 51a00
PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT
COMMERCIAL
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Planning and Development Department Director, and MPR Consultants Inc., a(n)
corporation ("Licensee"), owner of the real property located at 1145 University Drive,
Fort Worth, Texas 76107 ("Property"), acting by and through its duly authorized
Director.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of-
way (individually or collectively, the "Public Right -of -Way") adjacent to the Property as
shown on the map attached to this Agreement as "Exhibit A," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach in, on, above, or below the Public Right -of -Way; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Right -of -Way as described in and at the location
shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing
awnings encroaching city sidewalk (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
within the Public Right -of -Way. Licensee shall not expand or otherwise cause the
01 3 ; 'j , Encroachment to further infringe in or on the Public Right -of -Way beyond what is
- specifically described in the exhibit(s) attached hereto.
FtECENED �-o
FE9 t 3 2019 �=,
CVV T(SEG4E�A Y VORI OW.)Encroachment Agreement -Commercial Page I of 12
�w% Revised 12/2018
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, or occupancy shall comply and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
0
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment, use, and occupancy, including the securing the approval and consent of
the appropriate utility companies and agencies of the State of Texas and its political
subdivisions. In the event that any installation, reinstallation, relocation, or repair of any
existing or future utility or improvements owned by or constructed by or on behalf of the
public or at public expense is made more costly by virtue of the construction,
maintenance, or existence of the Encroachment and use, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works or the Director of the Water Department, or their duly
authorized representative.
4.
Licensee agrees that City may enter and utilize the referenced areas at any time
for the purpose of installing, repairing, replacing, or maintaining improvements to its
public facilities or utilities necessary for the health, safety, and welfare of the public, or
for any other public purpose. The City shall bear no responsibility or liability for any
damage or disruption or other adverse consequences resulting from the Encroachment
installed by Licensee, but City will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Right -of -Way to a
condition acceptable to the Director of Transportation and Public Works or the Director
of the Water Department, or their duly authorized representative, in accordance with
then -existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
ROW Encroachment Agreement -Commercial Page 2 of 12
Revised 12/2018
restore the Public Right -of -Way, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the
amount of $1.44 per square/linear foot of the encroachment area upon execution of this
Agreement and annually thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, this Agreement may be terminated
upon Licensee's noncompliance with any of the terms of this Agreement. City shall
notify Licensee in writing of any noncompliance and if not cured within thirty (30) days,
this Agreement shall be deemed terminated, unless such noncompliance is not susceptible
to cure within thirty (30) days, in which case this Agreement shall be deemed terminated
in the event that Licensee fails to commence and take such reasonable steps as are
necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
E-1
It is further understood and agreed between the parties hereto that the Public
Right -of -Way to be used and encroached upon is held by City as trustee for the public;
that City exercises such powers over the Public Right -of -Way as have been delegated to
it by the Constitution of the State of Texas or by the Texas Legislature; and that City
cannot contract away its duty and its legislative power to control the Public Right -of -Way
for the use and benefit of the public. It is accordingly agreed that if the governing body
of City may at any time during the term hereof determine in its sole discretion to use or
cause or permit the Public Right -of -Way to be used for any other public purpose,
including but not being limited to underground, surface, or overhead communication,
drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public
purpose, whether presently contemplated or not, that the parties agree to negotiate in
good faith in order to accommodate the Encroachment and the public purpose.
9.
ROW Encroachment Agreement -Commercial Page 3 of 12
Revised 12/2018
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 to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Public Right -of -Way. All insurance coverage required herein shall
include coverage of all Licensee's contractors and subcontractors.
ROW Encroachment Agreement -Commercial Page 4 of 12
Revised 12/2018
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall
be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Right -of -Way and is not a conveyance of any right, title, or interest in or to the
Public Right -of -Way, nor is it meant to convey any right to use or occupy property in
which a third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
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.
ROW Encroachment Agreement -Commercial Page 5 of 12
Revised 12/2018
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ROW Encroachment Agreement -Commercial Page 6 of 12
Revised 12/2018
City: I
CITY OF FORT WORTH
Randle HaKvood, Director
Planning & De op nt
Date: -
M&C: NI_
1295: Nk
Title: Director
Date: 21`l120/9
By:
Name:
Title:
Date:
Approved As To Form and Legality
(10)
Trey Qualls
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Janie S. Morales
Development Manager
ROW Encroachment Agreement -Commercial Page 7 of 12
Revised 12/2018
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Randle Harwood, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER
ij 20/1.
MY HAND AND SEAL OF OFFICE this_ff_day of
State of Texas
After recording return to:
Planning & Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
ROW Encroachment Agreement -Commercial
�.�4Pava4�� t. JENN��ER
A OWSE EZERNACr,
;c+ Notary Public, Stare o Texas
v
�v'•...��.� Com m. Expires 3-07-2020
'�Oi �`N` Notary ID 130661630
Page 8 of 12
Revised 12/2018
STATE OF GEORGIA §
COUNTY OF RICHMOND §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Georgia, on this day personally appeared Victor J. Mills, Director (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 MPR Consultants, Inc, a corporation (entity
type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o ,
201q
JX44� a. AX14171i
Notary Public in and for the
State of Georgia
N A. SK4
� T
MY gym. Eons
June 28, 2021
ROW Encroachment Agreement -Commercial Page 9 of 12
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
ROW Encroachment Agreement -Commercial Page 10 of 12
Revised 12/2018
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EXHIBIT B
Certificate of Insurance
ROW Encroachment Agreement -Commercial Page 11 of 12
Revised 12/2018
Exhibit B
Client#: 19
RCONSULTI
ACORD. OF�LIABILITY INSURANCE
WDDIY
2/04GATE (MMlYYY)
2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Janice Light
J. Smith Lanier & Co. —Augusta
Marsh &McLennan Agency, LLC
P O BOX 211110
Augusta, GA 30917
E 706 737-8811 7
Arc No. Ext : ac No : 06 737-3413
�=L : jlight@jsmithlanier.com
INSURERS AFFORDING COVERAGE
NAIC s
INSURER A: Crum & Forster Specialty
44520
INSURED
INSURERS: Starstone National Insurance Company
25496
MPR Consultants, Inc.
2743 Perimeter Pkwy, Bldg 100, Ste. 370
Augusta, GA 30909
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADOL.SUB
N
POLICY NUMBER
POLICY EFF
§";90NYYY)
POLICY EXP
(MWDDNYM
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
BIND2177575
7/27/2018
07/27/2019
EACH OCCURRENCE
$1 000 000
PR�MAI EaEr�"..
$50 000
MED EXP (Any one person)
$5 000
'
PERSONAL & ADV INJURY
S1,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRO-
POLICY JECT LOC
OTHER:
GENERAL AGGREGATE
52,000,000
PRODUCTS - COMP/OP AGG
$
$
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
SINGLE LIMIT
a accident)
(Ea
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
S
B
X
UMBRELLA LIAR
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
BIND2179814
7/27/2018
07/2712019
EACH OCCURRENCE
$3 000 000
AGGREGATE
s3,000,000
DED I I RETENTIONS
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? D
(Mandatory in NN)
I yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER OTH.
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached it more spate Is required)
Location:.1145 University Drive, Fort Worth, TX.
City of Fort Worth Planning & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Development - CFA Office ACCORDANCE WITH THE POLICY PROVISIONS.
PN19-00002
200 Texas Street AUTHORIZED REPRESENTATIVE
Fort Worth, TX 76102
019 8- 015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of I The ACORD name and logo are registered marks of ACORD
#S4221109/M3973263 JZL
EXHIBIT C
Metes and Bounds Legal Description of the Property
LOTS 10,11, AND 12, BLOCK 19, VAN ZANDT PARK ADDITION TO THE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO
THE PLAT RECORDED IN VOLUME 204-A, PAGE 81, PLAT RECORDS,
TARRANT COUNTY, TEXAS.
ROW Encroachment Agreement -Commercial Page 12 of 12
Revised 12/2018
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NORWOOD STREET
(60' ROW)
m
S
By:
f{`''• MARY LOUISE NICHOLSON
s` #= COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196-0401
•'' »""� PHONE (817) 884-1195
CITY OF FORT WORTH
200 TEXAS ST
FT WORTH, TX 76102
Submitter: CITY OF FORT WORTH CFA
OFFICE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 2/14/2019 1:17 PM
Instrument #: D219029225
A 16 PGS $72.00
D219029225
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 9 of 9
Standard Rev 12/2022
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: MPR CONSULTANTS INC. and DFW 1145 UNIVERSITY LLC
Subject of the Agreement:
FIRST ASSIGNMENT AND CONSENT OF ENCROACHMENT
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Certificate of Insurance
Effective Date: Date Director signs
If different from the approval date.
Expiration Date: 30 years from execution
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.