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HomeMy WebLinkAboutContract 45468-CA1 Electron iIc aI liv Recorded arrant 3 Official Public Records 4/23 2011 'I' a, I V66C4 CGS 2 $104.00 ".1114. ASSN Ip F FORT WORTH City Secretary Contract N , 45468 T S ASSIGNMENT OF ENCROACHMENT AGREEMENT AND CONSENT BY THE CITY OF FORT ORS` ("Assie-nment") s made and entered into as of is day of 201q_, !'y and between the CITY OF WORTH, a Text hoi r� MU icipal corporation Plaulos Properties, LLC. a Tex as tirnited liability ("Ass,ignor"), and America CANS a Texas non-profit corporation ("'Assigjee (Somet Cite, Assignor and Assignee are reierrea to individually as a "Party" and collectively as the "Parties"). WITNESSETHO WHEREAS, -the City entered into a Right of' Way Encroachment Agreement, City Secretary Contract No. 45468 (the En rioaeh ent A men ") with Assignor, the owner of certain real property more particularly describe n the attached Legal Description the "Pro per located adjacent to or near the City's right-of-way on which the encroachments is are located. The encroachments are moire particularly described l� the Encroachment Agreement and are, sometimes called therein and herein the "Improvements"; WHERE AS, the Encroachment Agreement, filed on, April 4, 2014 and recorded as Instrument No. D',214066923 'in the Real Property Records of Tarrant County, Texas, attached hereto s Exhibit and incorporated erein by reference as if set fort.In full; WHEREAS, Assignor has sold the Property to Asslglnee on April 16, 2014 as evidenced by a. deed recorded as Instrument No. D,2,14 114 7058 n the Real Property Records of Tarrant County, ex WHEREAS, Assi + r desires to assign the Encroachment Agreement to Assignee and obtain the City's consent to the Assignment as re "red in the Encroachment Agreement. t. A G R E E M ENT: NOW,THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants,t erms, and conditions herein contained , and other good and valuable consideration, the receipt and sufficiency of which i's hereby acknowledged,, the Parties hereby agree as follows:- 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 or Assignor sI rights, duties and obligations arising sin under t; e r eroaclu-nent Agreement. t. Q fij�p 9 07 0 sm I CSC No. 45468 Consent to Assignment Page I or b Right of Way Ecru tint Agreement to 4/ 0114 Pauilos,Properties, RECEIVED APR 2014 RECEIVED APR 2.1 IN 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. '"I"he 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 de-fault of any of its obligations contained in the Encroaclunent Agreement. 7. City hereby consents to this Assigriment upon the terms and conditions set forth herein. "1' is Assignment is not effective until City has executed it. The consent granted herein should not be construed as consent to any further assignment. The fiallure or delay of pity in seeking to enforce any provision of the Encroachment Agreement or this Assigii,ment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (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 belew or at such other address as the receiving Par5ty designates by proper notice to the sending Party. Citv Planning and Development Department 1000 Throckniorton Street Fort Worth 'I'X 761012 Attention: Director As Paulos Properties, L 6708 Ashbrook Drive Fort Worth, 'rX 761.3 2 Attention-. President CSC No.45468 Consent to Assignment Page 2 of 6 Right of Way Encroad-u-nent AgreemeM Rev 412014 Paulos Properties, LLC Asis* America CAN! 325 W. 12"' Street, Suite 250 Dallas, TX 752018 Attention: President 9. Except as herein otherwise provided,,, this Assignment will be b,inding 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 Tan-ant County, Texas. 11. The Certificate of Insurance for the Ass,ig,nor attached as Exhibit "B" to the Encroaclunent Agreement is hereby deleted and replaced with the attached, Certifi.cate of Insurance from the Assignee as Exhibit "B" Revised 4/201.4. 12. AH 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 the in the Encroachment Agreement. l3. 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] CSC No. 45468 Consent to Assignment Page 3, of 6 Right of Way Encroachment Agreement Rev 4/2014 Pauios,Properties,"LLC ASSIGNOR.: ASS'IGNEE, PAULOSI PROPERTIES, LL,C AMERICA CAN!,,, a Texas limite company a Texas non-profit corporation By:<0 0 '. ------------------ By Name: Flora Brewec�r�� Name-, Richard Marquez Title: President Title.- President STATE OF TEXAS § COUNTY OF TARRAN'T This instrument was acknowledged before me on t A by, Flora Brewer, as the President ofPaulos Properties, LLC, a'l"exas limitedliability company, oil behalf of said limited liability company. 111011111161111 STEFANIE� IjAyFS AYjF_1 'Y P"N �Gas ta t No'tary Pu lic. State- f NMrY Put9k L *of W11 1,5 1 T S rOJ TAa 017/2,0/2,016 STATE OF TEXAS § COUNTY OF TA NT § This instrument was acknowledged before me on 2 Richard Marquez, as the President of America Caii% a Texas noin-prolfit corporation, on behalf.off.said, corporation. Notary Public,, State of Texas [NO'VARIAL SEAL] CSC No.45468 Consent to Assignment Page 4 of 6 Right of Way Encroachment Agreement Rev 4/2014 Paulo s Properties, LLC ASSIGNOR-. ASSIGNEE, PAULOS, PROPERTIES, LLC AMERICA CAN't., a Texas limited liability company a Texas, non-profit corporati ............. :7a i 0 '1 B y '01 By, 'Name: Flora Brewer, Na RiCh7ard10Ma'rqWZ Title: President Title: President STATE OF TEXAS § COUNTY OF TAR .ANT § This instrument was acknowledged before me on 20 by Flora Brewer, as the President of Pathos Properties, LLC, a Texas lit-nited liability company, on behalf of said limited liability complany. Notary Public, State of Texas [NOTARJAL SEAL] STATE OF TEXAS § COUNTY OF TARRANT § This in,stninient was acknowledged before me on I 20j` by Richard Marquez, as the President of'Atnerica Can!, a Texas non-profit corporlon, on behalf of said corporation. Notary Public, State of Texas, Opk . Linda Hodge MY Commission Expires ...... 08/13'2016 Of' CS,C No.45468 Consent to Assignment Page 4 of 6 Right of Way Encroachment Agreenient Rev 4/2014 Pau es Properties,LLC APPROVED AS TO FORM AND CUY 0 FOR , OiRTH LEGALITY,- Alit 0 F( -------------- Assistant City Attorne,y Randle r rectM Planning and Develo ent Department A ST: Date: C, tS ty Secretary [No M&C Required] STATE OFTEXAS § § As COUNTY OF TARR ANT' § This instrUment was, acknowledged before til ic oll y Railidic Harwood, as the Dii-ector ofthe Plklnmng and 'Developmen epilaamient olf the City of Fort Worth,, a, Texas municipal cot-porat ion, on blehalf of the, Clity of F 01 1�otary Public,, State o"if Texas, lip MY ,lommission Expires Of, April 261 2017 [NOT'ARI, CSC No. 454618,Consent to Assignment Page 5 of 6 Right,of Way EncroacKnient Agreement Rev 4/2,014 Plaulos,Properties,, LLC WW LEGAL DESCRIPTION OF THE PROPERTY Lots I through 3 and part of Lot 4, Block 89�, of THE TEXAS PACUIC AND RAILWAY CO. ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 63, 1 Page 1,07, Plat Records of Tarrant County,, Texas CSC N .45 8 Consent to Assignment Page 6 of 6 Right of Way Encroachment Agreement Rev 4/2014 Paulos Properties, LLC „W. eat CrrY SECRETARY COWMCT NO., 5 LA co e-S RIGHTOF WAY ENCROACHMENT AGREEMENT CA' RCA L IS AGREEMENT s made and entered into by and between the City of Fort Worth, a municipal corporation of "arrant County, Texas, acting Derain by and through its duly authorized City Manager or, its duly authorized zed sistant City Manager or Planning and Development Department Director, hereinafter referred to as the "City", and autos Properties, LLC, acting herein by and through its duly authorized President hereinafter referred to as "Licensee", Owner of the property located at 1316 East Lancaster r A venue, F"Ort Worth, Texas 76102 ("Property ' AGREEMENT I. 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 ants to Licensee permission to construct/ install and/or allow to remain 'lrn pro vein ent s ("Improvement"') that encroaches upon, uses and/or occupies portions of the space under,, on and/or above to streets, alleys, sidewalks and other public rights-of- way, such Improvement(s) are described as follows.- Tilt-wall i asonry building xtends '8'' into the easement on the west at Poplar�treel for 52 adjacent to sidewalk. The location and descriptioln of said 1mprovement and the encroachment is more Particularly described in Exhibit "A". attached hereto? incorporated herein and made a part hereof for all purposes. . All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be rfo _ ed in strict compliance pliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the 2012 ROW Encroachment Agreement-Commercial Page I of 1 directions of the Director of Transportation, and Public Works of City, or his duly authorized representative. All plans and specificatio�ns 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 liabi1ity for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of construction and installation of said Improvement and thereafterl 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 herei,nabove 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 i,mprovements 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,1 Licensee shall pay to City an additional amount equal to such additional cost as determined, by the Director of Transportafion and Plubilic Works of the City, or his duly authon'zed representative. 51. City may enter and utilize the referenced areas at any time forte 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 2012 ROW Encroachment Agreement-Commercial Page!2 of'10 improvements installed by Licensee or its successors, but City will male reasonable efforts,to minimize such damage. 6. In order to defray all costs of inspection and supervision, which City has incurred or will incuT as a result of the construction, maintenance, inspection or management of the encroachments and oases prodded for by this Agreement, iccnscc arses to pay to City at the time this Agreement is, requested an application fee in the sum of Two Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and annually thereafter,tter, Licensee agrees to pay a fee in the amount of$.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 Ns Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall termi-nate upon the non-compl iance of any of the to ns o f this Agreement by the icenrsee. 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 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. 11 is understood and agreed to by Licensee that if this Agreement terminates and Licensee falls to remove the Improvement, lOwTier hereby gives City permission, to remove the Lmprovement and any supporting structures and assess a lien on the Property for the costs expended by to City to remove such Improvement. 9. 2012 ROW Encroachment Agreement-Commercial Page 3 of 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 11 as, described herein'. are held 'by City as trustee for the public'; that City exercises SUCAA powers over the public fight-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 the to 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 undergo und, 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, 109 Licensee agrees and acknowledges that this Agreement is solely for the purpose of perm-itting 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 pubilic 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. 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, 2012 ROW'Encroachme,nt Agreement-Commercial Page 4 of 10 Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and pfivileges 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 inviteesi., 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 en:terp:ns,e between City and Licensee. 14, LICENSEE COVENANTS AND AGREES TO INDEMNIFY,, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS 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 INJF(JRYj I-NCLUDING 'DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTE% ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND ENCROACHMENT AND, USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,,, AGENTS9 *SERVANTS, EMPLOYEES, CONTRACTORS, SUBCON TRACTORS, LICENSEES OR INVITEES OF: THE, CITY* AND LICENSEE HEREBY ASSTJMES ALL LIABI]LITY AND RESPONSIBELITY FOR SUCH CLAIMS OR SUITS,. LICENSEE SHALL LIKEWISE ASSUME ALL LIABMITY AND RESPONSIBI]LITY A-ND SIIALL INDEMNIFY CITY FOR ANY AND ALL INSURY OR DAMAGE, TO CITY PROPERTY ARISING OUT' OF OR IN CON"NECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ff"S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, '2012 ROW Encroachment Agreement-Commercial Page 5 of 10 15, While this Agreement is in effect, Licensee agrees to iswh City with a Certificate of Insurance, narning City as certificate bolder, as proof that it has secured and aid 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: S1,000,000 Commercial Gen ral 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 reprise 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 ' days prior written notice to the Building Official of the City of Fart Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit"B". Licensee agrees to subs it a similar Certificate of Insurance annually to City on the mmiversary, date of the execution of this Agreement. Licensee agrees, hinds and obligates itself, its, successors and assign,s to maintain and keep in force such public liability insurance at all tines during the term of this Agreement and until the removal of all encroachments and the clean ng and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees" contractors.. 164 Licensee agrees to deposit with the Cif when this Agreement is executed a sufficient sure of money to be used to pay necessary fees to record this Consent Agreement ent in its entirety in the deed records of Tarrant County, Texas. fifer being ; 2012 ROW Encroachment Agreement-Commercial Page 6 of 10 recorded, the originai shall be retumed to the City Secretary of the City of-Fort Worth, Texas. 17, fn 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, 180 Licensee covenants and agrees that it will not assign al r 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 DU'TIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURV11VE THE TERMINATION OF THIS AGRIE EM: NI 10 0 20. This Agreement shall be binding upon the parties heretol their successors and assigns. EXECUTED this_U_day of 2 012 ROW Encroachment Agreement-Commercial Page 7 of 10 City Licensee CRY of Fort Wort. Pauulns PrOper ies, LLC Randle Harr d Name Flora A. Brewer Director Title President Planning and Development ATTEST': Approved As To Form and Legality F 1154- City Secretary Assistant City A orney KA e '00 0 42 '7 C 00 A y. 2012 ROW Encroachment Agreement-Commercial Page 8 of 10 STATE OF TEX-AS, § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Pubfic 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 'n the capacity therein stated. GI UNDER ND AND SEAL OF OFFICE this day of 20 VOREMAN Olt ltllf'o 6 AP01 2, Notary Public in and for the State of Texas, 2012 ROW Encroachment Agreement-Corm-nercial Page 9 of 10 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE NE, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared. Flora A. Brewer, President, known to me to be the person whose name is subscrl'bed 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 Paulos Properties, LL C,and in the capacity therein stated., GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of M 2 0­1 1;�Wilt Notary Plublic and for the vI'my 4,04 'Op '# p' State of Texas MOP IMP % low OF 1:6 goo N:N gll� avelp4*00 'I Iro if"05/20"\ NIS' 2 012 ROW Encroachment Agreement-Commercial Page of 10 "w L9TASUSHM Is" qwR1rT W GIL�LST B ROOKES BAKER SURVEYORS A ~19"Mt" Co"O"'natt JOHN V*ISAM^ C014SU.""ANT FRACD M.; MORRIS LAJ40 13OUNOMM AND TOPOGRAPHIC GURVIKYINc; S.J."M^ CONSULTANT. r I 1 7.33 .-7 I IS t � AI� DAVIS, J�. .. FOfff WORTH,, TM" 7'4 101 6. Z, C S T tA OOF 4 4)Il Y x 1 X A w a s a l . { .,. a ., .. , -Mz .010 � a Ile y, Sketch showing exhibit for Encroachment Agreement I or,.,.'Prolpo"d buildIn adjacent to.Lot I in Block 89 of Texas & Pacific RaIlway C�ompany':s Addt ' on,!`- x in the City f Fort Worth Tarrant County TIexas.- I �I.�, � .- of appears bpotti. the p recorded n volume 3 141, f the, Tarrant.,.q ua y e Rec -a, Prepared January 10, 1986. BROOKES BAKER, SURVEYORS TA At , 4^149y W. O K E S BAKER S V E Y O R" A PI" F9"I*kAL CORPOMAT10ft J0041M F. X". Co"SULTAM, Flow M, WGRAIS UVW SOUNCUM AND TOUR IC 4 RVKr,jk( J:.MAIUM, CONS LTAXT N W. 34ICKS1' NAXXX S'UIUD I O * III C. PLC" OTSMI C- A", DAVIII81 jX Ux"o 4&9.4 f 1 _ w IFORT A!'W'VPMR. TU" 7910 OL 0 OP eo Ah v. Z,ep y4 " l Z,4 ac I L-t) C7 JF 47 ^ , e « d i a wrw Sketch showing ng e Encroachment Agreement adjacent to-Lot 1 in Block 89 of Texas & Pacific Railway Company' s d i " M in the City of Fort Worth in Tarrant County, Texas as said Lot appears upon 'the map recorded in volume 33,, pagle, 141 of the Tarrant County Deed Records,.,. Prepared January 10, 1986 BROOKES BAKER SURVEYORS 00 A016 p" ,,, -4 : PAS R-2 OP ID:C LI CERTIFICATE OF LIABILITY INSURANCE DATE( 03107120 THIS CERTIFICATE IS ISSUED AS AM MATTER OF INFORMATION ANTIC N ONLY AND CONFERS NCB, RIGHTS UPON'THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ELY A MEND, EXTEND OR ASTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), i T RIZEI REPRESENTATWE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the,ceMlcate hoMer Is an ADDITIONAL INSURED,fto polIc'(I must be endorsed. It SUBROGATI,ON IS WANED,,subject to the terms and conditions of the pollcy,cer llln polllew may require an endorIIIment. AI~stabmwnt on this tf to does not confer rights to, certificate h In lieu such or s w I* Kim Terrell m Kilpatrick Insura nce 817-73,1-8771 82 1,Inc. 2 IMon%meq,� � �3& Ft.I- , 78107 Kim Tefrell INSU"31 AFKWIXNU COVERAGE NAJG 9 INwJRls P'aLNIos Properties L.lc INsdL�IS: . 8718 I�I�rlk 4r. ... Fort Worth,TIC 71 132 INS~C �INSURER INS E COVERAGES CERTIFICATE Nor UM,BEI � REVISION N UMB R 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AW REQUIREMENT, TERM OR CONDITION OF ANY C ONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MANY BE ISSUED OR MAY PERTA)N, TIME INSURANCE AFFORDED BY THE POLICIES DESCRIBED IHEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIGIIES.LIM rTS SHOWN MAY HAVE BEEN REDUCED CE '"PAID!'CLIIIMS,, 'wq% TYPE LTR C INSURANCE ICY NU � -Llm EACH OCCURRENCE 111 1100000190 COMMERCIAL GENE LIABILITY MME=ME I r a , ,A X CLAdW-MADE Lnj OCCUR MEO EXP_(6ny,orso pefwn) S 514 PERSONAL&ADV INJURY 11I00$ GENERAL AGG REGATE 2,000, 00 GEN. AGGREGATE LIMIT APPLIES PER: Ise T' - P/0P AC70 S 21000, ID POLICY'� ILOC L�] s JLCT TiO ,I'LE LIADJUITY COMBINED I NOL.E LIMIT sell. AW AUTO EkMiLY INJURY(Pw ponion) S ALL EIS ED B I.Y INJURY(Per cWanl)AUTOS N EIS c HIREDAVTOS 0:1ER ACCIDENT) LJ11M LIAD OCZUR EACH OCCURRENCE CL.AINIS I ,ELATE RETENTION$ COMPENSATION W;S TR C AW AND EWLOYVO'LLABLM P'R IE XECUTIVE Y t MaI NIA E.L. ACCIDENT i M4a rid aItcKy in NH) E,L,CMSE, SE-EA EMPLOYE-0 IM wwr, ur�r I� IPTI ON O'OIPE RAT 11, ►be II E.L.IAA E-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES,(Attach ACORD I(",AdMon&J marks 3c hedule,if nxwe&poet ICI r*Wlr*d) 1316 R.Lancaster Ave. - Irt. Worth, TX CE T I ICAr►T"E HOLDER CANCELLATION C EL TIC N CITFT-1 SHOULD ANY OF THE ABOVE I'ESCIZIBED IOUCIE8 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUIVERED IN City,of Fort Worth ACCORDANCE WITH THE POLICY PROVtStONS. David Schroeder 1000 Thr ,ckm artOn AVtHORIZED AE Ford Worth,TX 761 0 11 88-20 01 A,COR w CORPORATION. All rights reserved. ACORD 25(20`10/06) The ACORD name and logo are registered marks of Aw`CO,RD fh n4 M w MIF MM d COUNTY CLERK � 19 West Weatherford Fort Wofth, TX 761 96-0401 PHONE (81 7) 884-1195 CITY OF FORT WORTH 1000 THROCKNIORTON ST FT WORTH, TX 761 Subrn er: CITE"OF FORT WO TH BEVEL PMENT PLANNING DO NOT DES WARNING-mvPART THE OFFICIAL RECORD. Filed For Registration: 4/4/2014 1 01:45 A Instrument D:2140661923 14 PIGS $614,00 4066923 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE P COLOR OR RACE IS INVALID A 'D UNENFORCEABLE UNDER FEDERAL LAW. CERTIFICATE DATE(MwJ D YYY)F LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF' IINFORMATION ONLY' AND CONFERS NO (RIGHTS UPON THE CERTIFICATE, HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE, POLICIES BELOW.. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT-. If the certificate holder IB an ADDITIONAL INSURED,the p llcy(iBB) must be endorsed. If SUBROGATION N IS WAIVED, subject to the teams and l conditions,of the policy,certain policies may require an endorsement., A statement on this certificate does not confer rights to the certificate holder in lieu)of such endorsement( . PRODUCER 1-713-623-2330 cCDNTACT NAME: Gloria Era�unaand Arthur J. Gallagher Fisk Management Eervlces, Inc. PI ONE — �. , FAX IAg�No.ExtI 713-358-520 ��, .....713mr3 8- 7 1500 West Loop South E-MAIL ADDRESu Gloria Broumand@ajg.cc Suite 1600 Houston, TX 77 D27 INSURER(S AFFORDING C4 VIE�GE NAIL# Norman a an Henley IN aURER A ARCH INS CO 11,50 INSURED INSURER B: Texans Cant I America Can i dba Dallas Cant Academy, � �.... .. Ft.Worth Can], INSURER 325 West 12t1 Ste Ste 250 INSURER D Dallas, TX 75205-6502 INSURER INSURER F' COVERAGES CERTIFICATE NUMBER: 39257949 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LASTED BELOW HAVE BEEN ISSUED TO TIME INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION( OF ANY CONTRACT OR 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. INrTR TYPE OF INSURANCE AIJI��SLIM POLICY NUMBER MM aD POLICY EX LIMIT'S LTA A GENERAL LIABILITY r���G �� .�� �.��' 5/ / 5,/14 EACH OCCURRENCE RENCE $ 1,000,000 CDIuIIuIEICIAL GENERAL LIABILITY PREMI,SE5_(Ea occurrence) , CLAIMS MADE OCCUR Nh+ED EXP(Any one person) PERSONAL$4 ACDV INJURY $1.0!0 0,000 GENERAL AGG EGATE $, 3,000,d D D GENT AGGREGATE LIMIT APPLIES PEI: PRODUCTS-COMP/OP A G $1 3,000,000, POLICY PRA- x. LCC jECT AUTC�IWI'E1B1'LE LIABILITY N UT"02 5 0101 12,/151/13 12/15/14 �CCDMBINED SINGLE LIMIT 110001000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULEI BODILY INJURY(Per accident) $ ALTOS AUTOS �PR Y DAMAGE'NEI r acrid srI $ X HIRED AUTOS X AUTOS $ X UMBRELLA LIAB OCCUR NCFX S 0 2 5 0 101 12/15/1 12/1,5/14 EACH OCCURRENCE E $2,001 0,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $2,0 0 0',000 EI I ETEN ITION$10,000 C $ W ORKERS�c`OMPEN ATION TATT LIABILITY YIN ItiI LIMITS RNLI ENIPLt,YER ... FFIICE IUIIENUIIBER EXCLUDED? A L.EACH ACCIDENT AI1Ii ik P PAITIEPE„ETIE (Manidlatomy in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describle under DESCRIPTION I”IPTION OF OPERATIONS bleb w E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 L CATIONS I VEHICLES (At Odra A RD 10111,Additional Remarks Schedule,Ir more space is requirod) RE: 1316 E. Lancaster 'a.,, Fort orth, TX 76102 City of Fort Worth is an additional Insured as respects to the General Liability and Auto Liability policies, clas, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Hall, Lower Level AUTHORIZED REPRESENTATIVE 1,000, T c or St.r i ton o Fort Worth, TX 7'6102 0 USA. 1988-20,10 ACORD CORPORATION. All rights reserved. A,CORD 25(2010/05) The ACCORD in;arne and logo are registered marks of ACCORD jsalias 39257949 o DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/15 �14 A NAME OF INSURED: Texans Cant' America Can dba, Callas Can[ ad y, Ft.Wo,rth Can! Additional Description of Opera tions/Reams from Page 1, .................... Additional Informatilom, Endorsement Forms:, if Applicable: General Liia,bity: Additional Insured- Managers, Landlords, or Lessors of Premises- Additional Insured- Lessor of Leased Equipment-When required er lease agrmt) �Addit,Tonal Insured- Grantor off permits- Transfer of Rights of Recovery Against Others To, us- (As per written contract), Additional Insured-Designated Person or organization Additional Insured- Lessors of Leased Equipment Automobile Lies,s�or- inal insured and Loiss Payee- SUPP(06/04)