HomeMy WebLinkAboutContract 49196 X1234
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RIGHT OF WAY CONTRACT NO,
Zr)rr ENCROACHMENT AGREEMENT
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(COMMERCIAL)
THIS AGREEMENT is made and entered into by and between the City of Fort
h, a home rule municipal corporation of Tarrant County, Texas ("City"), acting
herein by and through its duly authorized City Manager, its duly authorized Assistant
City Manager or Planning and Development Department Director, and Columbia Plaza
Medical Center of Fort Worth Subsidiary, L.P., a Texas Limited Partnership "Licensee",
acting herein by and through its duly authorized Vice President, the owner of the real
property located at 800 9t`Avenue, Fort Worth, Texas 76104 (Lots 136R & 14 Carlocks
Revision of Dissel Tract) ("Property").
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; 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" and incorporated herein for
all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Public Right-of-Way; and
WHEREAS, City will allow the encroachment under the terms and conditions as
set forth in this Agreement to accommodate the needs of the Licensee,
NOW, THEREFORE, the City and Licensee agree as follows:
OFFICIAL RECORD
AGREEMENT CITY SECRETARY
1. FT.WORTH,TX
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 upon, use and/or occupy portions of the
space under, on, and/or above the City's Public Right-of-Way to construct/install and/or
allow to remain, certain improvements for the purpose of domestic water service,
irrigation and lighting (whether one or more,the"Improvements") as described in and at
the location shown on Exhibit "A" but only to the extent shown thereon. Upon
completion of the Improvements, Licensee agrees-to be responsible for maintaining the
Improvements. Licensee shall not expand or otherwise cause the Improvements to
further infringe in or on City's Public Right-of-Way beyond what is specifically
described in the Exhibit(s) attached hereto.
2015 ROW Encroachment Agreement-Commercial Page 1 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
2.
All construction, maintenance and operation in connection with such
Improvements, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes, and in accordance with the
directions of the City's Director of Transportation and Public Works, or his or her duly
authorized representative. Licensee shall submit all plans and specifications to the
applicable Director or his or her duly authorized representative prior to the construction
of the Improvements. Licensee shall not commence construction of the Improvements
until receiving written approval by the Director, but such approval shall not relieve
Licensee of responsibility and liability for concept, design and computation in the
preparation of such plans and specifications.
3.
Upon completion of the construction and installation of the Improvements, there
shall be no other encroachments in, under, on or above the surface area of the Public
Right-of-Way, except as described herein and depicted on 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 fiom
any affected utility companies and the appropriate 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, 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 additional cost as determined in the reasonable
discretion of the Director of Transportation and Public Works, or his or her duly
authorized representative.
5.
Upon prior written notice to Licensee, except in the case of an emergency,
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. City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Improvements installed by
Licensee, but City will make reasonable efforts to minimize such damage. In the event
that any installation, reinstallation, relocation or repair of any existing or future utility or
2015 ROW Encroachment Agreement-Commercial Page 2 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev. 02/2015
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 the
Improvments and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or said Director's duly authorized
representative.
6.
Licensee agrees to pay to City at the time this Agreement is requested an
application fee of$325.00 in order to defray all costs of inspection and supervision which
City has incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement. Licensee
agrees to pay a fee in the amount of$.56 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 30 years commencing on the date this
Agreement is executed by City. However, this Agreement shall terminate upon
Licensee's non-compliance with any of the terms of this Agreement. City shall notify
Licensee in writing of the non-compliance, and if not cured within 30 days, this
Agreement shall be deemed terminated unless such non-compliance is not susceptible to
cure within 30 days, in which case this Agreement shall be deemed terminated in the
event that Licensee fails to commence and take such steps as are necessary to remedy the
non-compliance within 30 days after written notice specifying the same, or having so
commenced, thereafter fails to proceed diligently and with continuity to remedy same.
S.
Upon termination of this Agreement, Licensee shall at no expense to City remove
the Improvements encroaching into the Public Right-of-Way, and restore the Public
Right-of-Way to a condition acceptable to the Director of Transportation and Public
Works, or his or her duly authorized representative, in accordance with then-existing City
specifications. It is understood and agreed by Licensee that if this Agreement terminates
and Licensee fails to remove the Improvements and restore the Public Right-of-Way,
Owner hereby gives City permission to remove the Improvements along with any
supporting structures, restore the Public Right-of-Way, and assess a lien on the Property
for the costs expended by the City in taking such actions.
9.
It is further understood and agreed between the parties hereto that the Public
Right-of-Way to be used and encroached upon as described herein, 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
2015 ROW Encroachment Agreement-Commercial Page 3 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
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 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 this
Agreement shall terminate upon 60 days' written notice to Licensee. In the event this
Agreement is terminated under this Section 9, Licensee shall perform the obligations
regarding removing the Improvements and restoring the Public Right-of-Way described
in Section 8.
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 any
property in which a third party may have an interest. Licensee agrees that it will obtain
all necessary permissions 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 the Improvements, 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
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.
14.
2015 ROW Encroachment Agreement-Commercial Page 4 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
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,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE
IMPROVEMENTS AND 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,
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 IMPROVEMENTS AND 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 described or depicted in Exhibit"A".
The amounts of such insurance shall be not less than
$1,000,000 Commercial General Liability
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 promptly
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least 30 days prior written notice to the Building Official
of the City of Fort Worth. 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 City on the anniversary date of the execution of this
Agreement.
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 Public Right-of-Way. All insurance coverage required herein shall include coverage
of all Licensees' contractors and subcontractors.
2015 ROW Encroachment Agreement-Commercial Page 5 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
16.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay the 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.
17.
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 attorney's fees.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without the prior written approval of the City,
andany 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 60 days of such foreclosure or assignment and
assumes all of Licensees' 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.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
2015 ROW Encroachment Agreement-Commercial Page 6 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev. 02/2015
[SIGNATURES APPEAR ON FOLLOWING PAGE]
2015 ROW Encroachment Agreement-Commercial Page 7 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
THIS AGREEMENT may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
City: Licensee:
CITY OF FORT WORTH, Columbia Plaza Medical Center of Fort
Worth Subsidiary, LP
By: Columbia North Texas
Subsidiary GP, LLC
By: By: /Gy —
-
Randle Ha ood Name: Clay Franklin
Director Title: Vice President
Planning and Development Department
Date: , 247
ATTEST: Approved As To Form and Legality
City SeOary Assistant City Attorney
�oF FOR��
-
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX. �
z
2015 ROW Encroachment Agreement-Commercial Page 8 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev. 02/2015
STATE OF TEXAS §
COUNTY OF TARRANT §
4k
This instrument was acknowledged before me on , 201_7
by Randle Harwood, Director of the Planning and De elopment Department of the City
of Fort Worth, on behalf the City of Fort Worth.
Notary Public, State of Texas
IRMA SAENZ--
FO
Notary Public,State of TexasComm.Expires 01 28 2020 Notary ID 2124984
-.1
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
2015 ROW Encroachment Agreement-Commercial Page 9 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev. 02/2015
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 Clay Franklin, Vice President (title), 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 Columbia Plaza Medical Center of Fort
Worth Subsidiary, LP, a Texas Limited Partnership, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this__�day of
20Z2�
4__lge�Ll_
Notary Public in and for the
State of Texas
PATTIE E. WILSON
Notary Public, State of Texas
.-Wff Comm. Expires 10-13-2020
Notary ID 130881673
2015 ROW Encroachment Agreement-Commercial Page 10 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
LEGAL DESCRIPTION OF THE PROPERTY
STA TE OF TEXAS
COUNTY OF TARRANT
141HEREAS COLUIlBiA PLAZA ME,01CAL CLNTLR OF FORT VIORTH 5,051DIARY,
L.P.. A TEXAS LIMITED PARTNERSHAP, ACTANG BY AND THOUGH THE
UNDERSIGNED IT'S DUL Y AUTHORIZFT) AGGENT IS THE SOLE OWNER OF A
TRACT OF LAND LOCA TED /N TNF E. S. HARRIS SURVEY, ABSTRACT No.
688, TARRANT COUNTY, TEXAS, ACCOROINC, TO T14FOFFOS
VOLUME 5174, PAGE 634, DEED RECORDS, TARRANT COUNTY, TEXAS
(D.R. T.C. T. i AND INS TRU&IENT NUVBER D213301040, OFFICIAL PUBLIC
Rit-'COPOS, TARRANT COUNTY, TFXAS (0,P.P, T.C. T. ), MFRG,-L-R
DOCUMEN L RECORDED IN VOLUME 4323, PAGE 45?, D.R. 7.C. T. AND
JOH,V STREET AND 17 FOOT ALLEY RIf','.qT-OFWAY AS ABANDONED BY
ORDINANCE NUMBER 22 052 04-2016, AND BEING MORE PAR TIC ULARL Y
DF5.'RIHEO AS FOIL 0 IV5,
BEING ALL OF LOTS 1-515-139 AM) ALL OF JOLIN STREET (A 30 FOOT -WIDE
RIGHT-OF-WA Y), CARL OCKS REVISION OF DISSEL TRACT, AN ADDI TION TO
THE CITY OF FORT VIORTH, TARRANT COUNTY, TEXAS, ACCOROING TO
THE PL A T RECORDED /Al VOL UMF 330, PA GE 34, PL A T RECORDS,
TARRANT COUNTY, TEXAS (P.R. T.C. T. ) AND ALL OF LOTS 140-145,
DISSEL TRA CT, AN ADD[TION TO THE CITY OF FORT WOR TH, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLA T RECORDED IN VOLUME foi5,
PAGE 129, P.R. T.C. T. , AND ALL OF TRACT 2 AS DESCRIBED IN A DEED
TO COLUMBIA PLAZA MEDICAL CENTER OF FORT WORTH SUBS;DARY, L-P. ,
AND BEING ,MORE PARTICULARL Y DESCRIBED BY METES AND BOUNDS AS
FOL 1,0 WS,,
BF66INNING A T A 1/2"1PON ROD FOUND WITH A CAP STA1vfPFD "MER 8
ASSOC IPVC", SA0 ;RWJ ROD RFINC, THF NORTHFAST CORNER OF SAID TRACT
2, TqF AJORTPIVEST CORNER OF SAID LOT 145, AND IN THF SOUTH
1?IC7H1-OF--WAY LINE OF COOPER STREET- (60' WIDE R;(7j4F--9. F-WA Y),
THENCE S 69'5929"E, ALONG THE SOUTH I K3HT-OF-VIA Y LINE OF SAID
COOPER STREET AND ALONG THE NORTH LINE OF SAID LOT 145, 130.00
FFET TO A flP"IRON ROD FOUND MITI-1 A CAP STAMPED "WER 8 ASSOC
WC", a410 IRON ROD 13E ING THE: NOR TI-iFA5T C ORAIFR OF SA 11) L 0 r 145 A,^00
THF IN Tf-Rf;'F-C T 10 N 0 F THE S
;OUTH RIGHT'-,?f-WA Y LINr10 11-Oo '1 Pt
OF 54 p
STREET ;VlToq THE WEST AIGHT-OF-WAYLINE OF 9TH AVENUE fA CALLED
60' RIGHT-OF-WAY i,
THENCE S 00'00'31" W, ALOiV6 THE EAST LINE OF SAID DISSEL TRACT
AND THE WEST LINE OF SAID 9TH AVENUE-, AT 500.14 FEET, PASSING AN
'X' CUT FOUND BEING TPE SOUTNEAST CORNER. OF SAID LOT 06 AND THE
NORTHEAST 'CORNER OF SAID JOLIN STREFT 4B4NDON,#1FvT, AND
CON 1-1,4JUING ALONG INE E45 T CYTE OF SAID JOHN 5 1 REET A 6A NOGNMEN T' #IV
ALL A TOTAL DISTANCE OF 530.14 FEET TO A 1,12"IRON ROD FOUND WITH
A CAP STAMPED "WIER 8 ASSOC INC", SAID IRON ROD BEING TI-IF
NORTH FA$T CORNER OF LOT 04 OF SAID CARLOCKS RIE 111SION OF 0I5SFL
TRACT AND T1f_ SOUTHE45T CORNIER OF5410 JOHN SrQF_F_T 48AN10,I)AIMENT,
2015 ROW Encroachment Agreement-Commercial Page 11 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
THC'V'CC N 09'59 %:,'9- W, C'rPARTV';6 T` IVEST RiGJHT-0E-A1_4Y LINE Of-
SkV 9TH A VENLE. ALONG THE!v,,,'1PTi4 LfflF_ OF SAD LOT 134 A NO T�C-
SOUTif IANF OF SAID X)MV 5rRr-FT 130,00 F-FFT ro A
VP�WON R-01) FOUMV &TH A CAP STAMA�0 'Wf!R 4 4550�: T�*
EAST LINE OF 5,40 TRA`.;T 2, SAID RO-0 TIC- SOUTHIVES T
CORM'h? Of` SMV 100V Sffli; F 114`F No I;
CORA91? QSAID LOT 134,
rkViCt 5 00000"Sf' W. ALO, THE fA V,'& Ci` SAV TRACT e, Tqt
K'L'S 7' L 6A.'L OT .5-4 AV CARL OCkS RL VISION Of DIS SL L I RA'c'I Am') I I V"L S T
LINE OF CARLOCK'S REVISION, AN ADDITION TO THE CITY OF FORT VIORTn,
,TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED YN
VOL UVE .360-146, PAGE 77', P.R. T.C, T, , 499,91 FEL T TC A 112"IRON
ROD FOUND IN THE NORTH RAW T-OF-AIA Y LINE OF WEST ROSEDA L E
STREET NVARIABLE WIDTH RIGHT-JF-WAY), SAID IRON ROD 5EkVG THE
5 0 U THE A 5 T C oRP.?FR OF SAID TRA C r P ANO THZ__ S C U TI-I WES T C ORNER C:;1-
LOT
FLOT 124 OF SAID CARLOCKS REVISION Or D;SSLL TRACT,
T)qFAICE N Of 0J_0 "04" W, AI-ONG THF SOUTH LfNF OF SAID TRACT 2 AND
TRE NORTH RIGHT-OF-WAY LAIF OF SAID WEST ROSEDALF STREET, 61,X?
FEET TO A 1/2"IRON ROD FOUND IN THE NORTH RYGH T-OF-WA Y LINE OF
SAID WEST ROSEDALE STREET, SAID IRON ROD BEING THE SOUTHWEST
CORNER OF 5410 TRAC T 0 AND ThE SOUTHEAST CORNER OF LOT 1RA12,
FLOCK I, MEVICAL CENLRF, AN ADOITION 7-0 rHE CITY OF FOR 7- WoAml,
TARRANT COUNTY, TEXAS, ACCORDING 1-0 THE PLAT RECORDED A?
CABINETB, SLIDE 2523, P.R. T.C. T. ,
THENCE DEPARTING THE NORTH RIGHT-OF-IVAYUNE OF SAID AIEST
ROSE DALE STREET, ALONG THE VIES T LINF OF SAfD TRACT P AND TWE
EAST LINE OF SA 0 LOT IRA2 AS FOLLOWS
1) IV 06001'44"E, 45.62 FEET TO A 112"IRON ROD FOUND WITH A
CAP STAMPED "GRANT FNG-,
2I N 04-3243"F, 49.40 FEET TO 4 IRON ROD F01.440,
3) A' 0.3'16 '43 E, 49,41 FEE 7TO A 1/2"IRON ROD FOUND,
4 J N 01'50'4,3"E, 49.65 DEET TO A 1/2"IRON ROD FOUND,
THENCE N 01"06"'43"E, A L ONG THE WEST LINE OF SAID TRA C T 2 AND Ti,,'E
EAST LINE OF SAID-LOT AT x'1.35 FEET PASSING THE NORTHEAST
COA?NER OF SAID L 0 T IRA2 AND FHE SOUTHEAS T CORNER OF L 0 T IRA/ Or
SAID 8L 0 C'K 1, AND CONTINUING A L ONG TOF WEST L AlF OF SAID TRACT;?
AND THF- FA 5 T LIME OF SA/0 L 0 T IRA 1, A TOTAL T& r)jr,r4jVCF OF 45.42
FEET TO A 1/22"IRON ROD FOUND,
THENCE N 00°27'P3"F, A L ONG THE WEST L IPLF OF SA ID TRA C T 2 AND
I-HE EA 5 T LffilE OF 5410 L 0 T IRA/, AT 632.68 FEET PASSING A 112"VOW
ROD FOUND, SAIL IRON ROD BEING THE NOR TPEAS I CORNER OF SA,10 L 0 T
IRA I AND THE SOUTHEAST CORNER OF BLOCK 3, MEDICAL CENTRE, AN
ADDITION TO THE CITY OF FORT WORTH, TARRIA'T COUNTY, TEXAS,
A CCORiViG TO THE PLA T RECORDED IN VOLUME 306-0/6, PAG 36.
P.R. T. C. T. , AND CONTINUING ALONG THE NEST L;IVF OF SAID TRACT2
AND THE FAST LINE OF SAID BLOCK 3, A TOTAL DISTANCE OF 777.88
FEET TO A POINT IN D-Ct SOUTH RIGYT- 4F-WAY LINE OF SAID COOPER
STREET, 5A113 POINT BEING I-PC NORTHEAST CORNER OF 540 BLOCK 3 410
ThE NORTqAIEST CORNFP OF SAID TRACT 2,
2015 ROW Encroachment Agreement-Commercial Page 12 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
THENCE N 00' 7P3-F, ALONG THE WE5T LINE ).F:SAID TRACT ? ANT)
THE EAST LINE OF SAD LOT IRA I, AT 6,52,88 FEET .PASSING A 1/2"IRON
ROD FOUND, SMD IRON ROD BEING THE NOR THEA 5 T CORNER OF SAID L 0 T
IRA I ANO THE SOU T14EA 5 T CORALER OF BLOCK' 3, MEDICAL CENTRE, AN
ADDTION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
ACCORDING TO THE FLAT RECORDEL) IN VOLIJML-- 386-2/j5, pA _5F E
C _j,
P.R. T.C. T. , AND CONTINUNG ALONG THE VIES T L ONE OF SAID TRA C T R
AND THE EAST LINE OF SAID B1 OCK 3, A TOTAL DISTANCE OF 777.88
ffiF T TO A POINT IN rRE 50017'N RfC7N1'-OF-W4 Y 01VF__ OF $410 COOPER
S TRFF 7-, SAID PMOV T &DNG THF NOR TPEA 5 T C ORNEP 46 V 0 /0 8 , 3 ARID
LOCK
THE NOR THIPIVES T CORNER OF SAID TRA C T?r
THENCE S 87'?3 '1/-F, ALONG THE SOUTH Rio-HT-OF-WA Y LINE OF SAID
COOPER STREET Anka THE NORTH LINE OF' SAID TRACT 2, A D15 TANCE OF
60.36 FEET TO THE PLACE OF BEGINNING AND CONTAINING J.L"O ACRES
(135, -9!0 SQUARE FEET) OF LAND, MORE OR L FSS.
2015 ROW Encroachment Agreement-Commercial Page 13 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev. 02/2015
EXHIBIT"A"
Location and Description of Encroachment and Improvements
2015 ROW Encroachment Agreement-Commercial Page 14 of 14
Columbia Plaza Medical Center of Fort Worth Subsidiary,L.P. rev.02/2015
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EXHIBIT B Page 1 of 1
Health Care Indemnity, Inc.
1100 Charlotte Avenue, Suite 800 Certificate of Insurance
Nashville,TN 37203
Health Care Phone:615/344-5193
Fax:855-775-0393 Date: 05/02/2017
Indemnity, Inc. Email:Corp.Insurance@HCAHealthcare.com
COW 48059-2017
This is to certify to: City of Fort Worth
(Name of Certificate Holder) 200 Texas Street
Fort Worth, TX 76102
that the described insurance coverages as provided by the indicated policy has been issued to:
Named Insured: HCA HOLDINGS, INC.AND SUBSIDIARY ORGANIZATIONS
Address: EXISTING NOW OR HEREAFTER CREATED OR ACQUIRED
ONE PARK PLAZA
NASHVILLE,TN 37202-0550
The Policy identified below by a policy number is in force on the date of Certificate issuance. Insurance is afforded only with respect to those coverages for which
a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. This Certificate of Insurance neither affirmatively
nor negatively amends,extends or alters the coverage afforded under any policy identified herein.
POLICY NO. POLICY PERIOD
Effective: 1/1/2017
HCI-EX-10117-01 Expiration: 1/1/2018
TYPE OF INSURANCE LIMITS OF LIABILITY
Comprehensive General Liability-
• Occurrence Form
• Bodily Injury $1,000,000 Each and Every Occurrence
• Property Damage
• Products and Completed Operations $1,000,000 Aggregate
• Personal and Advertising Injury
Health Care Professional Liability $0 Each and Every Occurrence
Occurrence Form $0 Aggregate
SPECIAL CONDITIONS/OTHER COVERAGES:
The Named Insured Includes: Columbia Plaza Medical Center of Fort Worth Subsidiary, LP d/b/a Medical City
Forth Worth COID: 34318
Cancellation: Should any of the above described policies be canceled before the expiration date thereof,the issuing company will endeavor to mail ninety days written
notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company.
Authorized�gnature
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.
arae of Employee
Title