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Home My WebLink AboutContract 46781 CITY SECRETAW Lj�qv ) CONTRACT NO. EASEMENT 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 Planning and Development Director, and Phoenix- FWSOUTH, LLC, a Texas Limited Liability Company, hereinafter referred to as "Licensee", owner of the property located at The Phoenix, 429 College Avenue, Fort Worth, TX 76104("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Lot 4R, Block 34, JENNINGS SOUTH ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D212162014 or Volume and Page No. of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 10 foot wide Utility/Pedestrian easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A"and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain patios with wrought iron fences which will be used by residents of The Phoenix (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; 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 the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by the M C-) Licensee, hereby grants permission to the Licensee to encroach upon and occupy a M m portion of the City's Easement as described in and at the location shown Exhibit A for the C3 � purpose of small patio overhangs (8" into the easement), with short wrought iron z `A 2014 Easement Encroachment Agreement-Commercial OFFICIAL RECORD page 1 of 9 CITY SECRETARY FT.WORTH,TX 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City Planning and Development Director, and any attempted assignment without such written approval should be void. 17. 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. 18. This agreement shall be binding upon the parties hereto,their successors and assigns. EXECUTED thl day of j d AJ6 , 20� City Licensee: City of Fort Worth Phoenix-FWSOUTH,LLC, a Texas LLC By: s Randle Ha ood, Direct e:Sta�ye� Planning and Development Title: IM-4 M�f'A' NO M&C REQUIRED ATTEST: Approved As To Form and Legality ORr M °O vp 0 - o� City Secretary ssistant City Attorney 000- OFFICIAL 2014 Easement Encroachment Agreement-Commercial OFFICIAL RECORD page 7 of 9 CITY SECRETARY FT.WORTH,TX 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 MAND SEAL OF OFFICE this day of Al" CASSANDRA F. FOREMAN Notary Public,Stote of Texas My Commission Ex �Aq� April 26, 201 Noia Public in and for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2014 Easement Encroachment Agreement-Commercial Page 8 of 9 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 Stephen M. Eisner, Managing Member, 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 Phoenix-FWSouth, LLC, a Texas limited liability company, and in the capacity therein stated. t___ ,__rIVEN UNDER MY HAND AND SEAL OF OFFICE this_Ifday of 20 7)5 CASSANDRA F. FOREMAN Notary Public,State of Texas My Commission Expires '��• April 26, 2017 Notary Public in and for the State of Texas 2014 Easement Encroachment Agreement-Commercial Page 9 of 9 tfit i i d�j i�i;e fiS y 1 fill �+� �E iii � { �'■gl •�ft�`�'a �a�_�� +�lp � g ! �(� E'a9� IE,E 9�� i �[ +�"�'1 �ii3 a '�»I ?stj3�y,#9j•�!=FF 1 '��i ' ';)),- Iiat ldF 11�} - Iv III{'I�II (ijM�+!�1 `1„ i 1 11 rill Al a ia` Za:iE l, ij :� a7 ab! U _Efft�!�Etlt�'uiil�� 6� �p .caaa�s awo�sdri est- nu, i u't( ` ec w • � C tr f 4 :ca•.-alma ' 41 11A • rn _ Q03 N � 0.8,n g ` 1 rn "a' ..• ___.L• 1. �` O • t i VCR OMO nV VULXLj r` CL fig vp �� oz ,I,�I Fri ..r .r�; ;th, �i !E, '1,•+,ui YYk - It— 8nN8AY 893?705 i a � a t A � � 3 Looking East Closeof Patio d T i q: Client#:96247 18PHOENAPA DATE(MW"YYYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE 1 6/08/2015 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(les)must 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 rights to the Certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: _ Wortham Insurance&Risk Mgmt. PHONE g17 336-3030 FAX 817 336-8257 A/C No Ext: AA No 1600 West Seventh Street E-MAIL ADDRESS: Fort Worth,TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAIC r INSURER A:Ironshore Specialty Insurance C 25445 INSURED INSURER B:Torus National Insurance Compan 25496 The Phoenix Apartments INSURER C: Phoenix-FWSouth, LLC dba INSURER D 200 Man O War Court Burleson,TX 76028 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INRWvo POLICY NUMBER MMIDD/YYYY1 (MMA)nrfYM LIMITS A GENERAL LIABILITY WKGO0102700 3/2014 0911312015 EACH OCCURRENCE $1.000.000 X COMMERCIAL GENERAL LIABILITY PREMISES a occurrence $50 000 CLAIMS-MADE Fx�OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY PROT El- LOC $ A AUTOMOBILE LIABILITY WKGO0102700 9/13/2014 09/13/201 Eo 8BI deD SINGLE LIMIT 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS IX HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident S B UMBRELLA LIAB X OCCUR 702531-1141 ALI 9/13!2014 09/131201 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED I X RETENTION$0 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICERMIEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under — DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space is required) CERTIFICATE HOLDER CANCELLATION City Of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning and Development ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S551 506IM4891 81 18TLM EXHIBIT B