HomeMy WebLinkAboutContract 50161 R 9`�
GE���OSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No.
pNO
a JF,Z Fy P AAT ASSIGNMENT AND CONSENT OF ENCROACHMENT GREEMENT
a Assi t") is made and entered into as of thislday of 0_, by and among
t„ OF FORT WORTH, a Texas home-rule municipal c oration
Rd OKE 35/114 PARTNERS, L.P., a Texas limited partnership ("Assignor'), and
BEECHWOOD BUSINESS PARK ASSOCIATION, a Texas non-profit corporation
("Assignee"). (Sometimes City, Assignor and Assignee are referred to individually as a"parW
and collectively as the "Parties").
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 47777, dated May 13, 2016 (the "Encroachment Agreement"), with Assignor, in which
Assignor was granted a license to, among other things, access, install, and maintain the
Improvement on a portion of publicly dedicated property more particularly described in the
Encroachment Agreement;s
WHEREAS, the Encroachment Agreement, filed on June 17, 2016 and recorded as
Instrument No. 2016-71798 in the Real Property Records of Denton County, Texas, is attached
hereto as Exhibit "A" and incorporated herein by reference as if set forth in full;
WHEREAS, Assignor has completed the construction of that certain shared two-sided
illuminated freeway sign, electric crossings to illuminate the freeway sign, and irrigation
crossings to serve and maintain the landscaping of a portion of the Public Right-of-Way
surrounding the freeway sign, located on that certain City-owned median in the intersection of
State Highway 114 and Tanger Boulevard(the "Improvement"); and
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee, and
Assignee desires to assume all obligations of Assignor under the Encroachment Agreement.
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. Assignor
shall remain liable for any claims arising prior to the date of this Assignment and is not released
from anything that occurred prior to the Effective Date.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties and obligations arising under the Encroar rR
r the
Effective Date.
OFFICIAL
CSC No. Consent to Assignment 1 CITY se
Right of Way Encroachment Agreement F�� WO
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 obligations under the Encroachment Agreement that arise after 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 assignment. 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 Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with property postage, certified mail return
receipt requested or by a nationally recognized overnight delivery service, and (ii) addressed to
the other Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
Com:
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX 76102
Attention: Director
Assignor:
Roanoke 35/114 Partners, L.P.
c/o Fine Lane Diversified Development
201 Main Street, Suite 3100
Fort Worth, TX 76102
CSC No. Consent to Assignment 2
Right of Way Encroachment Agreement
ASSIGNOR:
ROANOKE 35/114 PARTNERS,L.P.,
a Texas limited partnership
By: Roanoke 35/114 Genpar, LLC,
a Texas limited liability company,
its general partner
By: -�x
William V. Boecker. Vice President
STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing instrument was acknowledged before me this 8 day of/ e heft w ,
20J7, by William V. Boecker, Vice President of Roanoke 35/114 Genpar, LLC, a Texas limited
liability company, on behalf of such limited liability company as general partner of Roanoke
35/114 Partners,L.P., a Texas limited partnership, on behalf of such partnership.
aw,4� q, 4w�e ,-4,
AMBER A.FONSECA
Not"Public,State of Texas NOTARY PUBLIC, STATE OF TEXAS
Notary ID 12685635.7
MY Qmmiss ENx 04-02-2021Am b-C r K S�
Notary's Typed or Printed Name
My Commission Expires: a�p - �D
CSC No. .... Consent to Assignment 4
Right of Way Encroachment Agreement
Attn: William V. Boecker
Email: bboecker@finelinemail.com
Assignee:
Beechwood Business Park Association
c/o Fine Lane Diversified Development
201 Main Street, Suite 3100
Fort Worth, TX 76102
Attn: William V. Boecker
Email: bboecker@finelinemail.com
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 of Denton 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".
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]
CSC No._ Consent to Assignment 3
Right of Way Encroachment Agreement
ASSIGNEE:
BEECHWOOD BUSINESS PARK ASSOCIATION,
a Texas no -profit corpo a ion
By:
William V. Boecker, President
STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing instrument was acknowledged before me this p day ofReermfir,
2017, by William V. Boecker, President of the Beechwood Business Park Association, a Texas
non-profit corporation, on behalf of such non-profit corporation.
NOTARY PUBLIC, STATE OF TEXAS
AMBER A.FONSECA
Notary RMc,State of Texas
Notary ID 12685d3S-7 71m b G r f�- �'(5e C�
�yCwnissW ,pq. Notary's Typed or Printed Name
wwww My Commission Expires: A0
CSC No. Consent to Assignment 5
Right of Way Encroachment Agreement
APPROVED AS TO FORM AND NNDLEHA
T WORTH
LE ALITY:
A� A
Assistant C y Attorney OOD _,Director
PI-anning and-Development Department
ATT
ES VQR Date: i
Al
City Secret
[No M&C Required]
STATE OF TEXAS �XP'� 1295:
COUNTY OF TARRANT § II
This in trument jas acknowledged before me on 106� 20_0 by
he Director of the Planning and Development D4srtment of the City
of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth.
Q. ��A nM I )
Not ub is tate of Texas
[NOTARIAL SEAL]
JENNIFER LOUISE EZERNACK
P
�♦ B
3a°,•�' �=Notary Public.State of Texas
�NA: Pz Comm. Expires 03-01-2020
Pool%% Notary ID 130561630
OFFICIAL Rr',,,,
FT. f .''ril,TX
CSC No. 6
Consent to Assignment
Right of Way Encroachment Agreement
Exhibit"A" to AssiLynment and Consent of Encroachment Agreement
ENCROACHMENT AGREEMENT
(to be attached)
CSC No. 7
Consent to Assignment
Right of Way Encroachment Agreement
Doc-71798
**** Electronically Filed Document
Denton County
Juli Luke
County Clerk
Document Number: 2016-71798
Recorded As : ERX-MISC GENERAL FEE
Recorded On: June 17, 2016
Recorded At: 03:36:41 pm
Number of Pages: 16
Recording Fee: $86.00
Parties:
Direct- CITY OF FORT WORTH
Indirect-
Receipt Number: 1441711
Processed By: Terri Bair
THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale,Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
THE STATE OF TEXAS)
CC)ZfNT._ COUNTY OF DENTON)
I kemby eertdy that Ws�avaenr vex FILED is the Filo Numobsc icgaott paths dadciae
priws d baron,and ws duty RECORDED in d-oQicid R—d'el Dwnton C..wty.Tea...
Juli Luke
Dent..C.—VT„Tne..
Doc-7179
CAM
RIGHT OF WAY
ENCROACHMENT AGREEMENT
(COMMERCUL)
THIS AGREEMENT is made and entered into by and between the CITY OF PORT
WORTH, a.municipal corporation, acting herein by and through its duty authorized Planning and
Development Department .Director, hereinafter referred to as the " j!f, and ROANOKE 35/114
PARTNERS, L.P., a Texas limited partnership, hereinafter referred to as "Licensee", owner of
property located at the intersection of State highway 114 and Tanger Boulevard in Fort Worth,
Denton County,Texas 76177.
AGREEMENT
1.
For and in consideration of the payment by Licensee of the fee set out below and the true and
faithful performance of the mutual covenants herein contained, City hereby grants to Licensee
permission to access, construct, install, repair, maintain, replace, and/or allow to remain, the
improvement described below ("Improvement") that encroaches upon, uses and/or occupies
portions of the space under, on and/or above the streets,alleys, sidewalks and other public rights-of
way(collectively,"Public Right-of-Way"). The Improvement is described,as.follows:
A shared two-sided illuminated freeway sign, electric crossings to illuminate the
freeway sign, and irrigation crossings to serve and maintain the landscaping of a
portion of the Public Right-of-Way surrounding the freeway sign, located on that
certain City-owned median in the intersection of State Highway 114 and Tanger
Boulevard.
The location and description of the Improvement, the access and maintenance area, and the
encroachment are more particularly described in Exhibit "A", attached hereto, incorporated herein
and made a part hereof for all purposes(the s`Encroachment Area"). Licensee shall not 'install any
improvements within the access and maintenance area,except as otherwise provided herein.
2.
All construction., maintenance and operation in connection with such Improvement; its use
and occupancy shall be performed in strict compliance with this Agreement and the Charter,
2014 ROW Encroachment Agreement—Commercial-Project sign A Page 1
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Ordinances and Codes of the City and in accordance with the directions of the Director of
Transportation and Public Works of City, or his duly authorized representative. All plans and
specifications thereof shall be subject to the prior written approval of the Director of Transportation
and Public Works,or his duly authorized representative, but such.approval shall not relieve Licensee.
of responsibility and liability for concept,design and computation in preparation of such plans and
specifications.
3.
Upon completion of construction and .installation of the Improvement and thereafter, there
shall be no encroachments in, under,on or above the surface area of the Public Right-of-Way except
as described herein and shown on the hereinabove referred to Exhibit"A
4.
Licensees at no expense to. City, shall make proper provisions for the relocation and
installation of any existing or future utilities affected by the lmprovement its 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. City acknowledges that it customarily takes into
consideration the location of the Improvement when evaluating the potential relocation and
installation of any.existing or future utilities affected by the Improvement. .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 by the Director of
Transportation and Public Works of the City,or his duly authorized representative.
5.
City may enter and utilize the Encroachment Area at any time for thepurpose of installing or
maintaining improvements necessary for the health,safety and welfare of thepublic or for any other
public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility
or liability for damage or disruption of improvements installed by Licensee or its successors or
assigns, but City will make reasonable efforts to minimize such damage; however, nothing in this
2014 ROW Encroachment Agreement—Commercial Page 2
1980690
Doc-71798
Agreement shall preclude Licensee from pursuing any available remedy against City's contractors
and subcontractors for damage to the Improvement caused by such contractor or subcontractor,
6.
In order to defray all costs of inspection and supervision which City has incurred or will incur
as a result of the construction, maintenance; inspection or management of the encroachments and
uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is
requested an application fee in the sum of Three Hundred Twenty-Five Dollars ($325.00). Upon
execution of this Agreement and annually thereafter., Licensee agrees to pay a fee in the amount of
$.56 per square foot of the encroachment area for a total annual amount of One Hundred Ninety-
Seven and 121100 Dollars($197:12).
7..
The term of this Agreement shall be for thirty (30) years, commencing on the date this
Agreement is executed by.City; provided, however, that (i) nothing herein shall preclude Licensee
from requesting from City at any time an extension to the term of this Agreement, and (ii) this
Agreement shall terminate upon the material non-compliance of any of the terms of this Agreement
by Licensee.City shall notify Licensee of the material noncompliance and if not cured.within thirty
(30)days,this Agreement shall be deemed terminated,unless such non-compliance Is not susceptible
to cure within thirty(30) days, in.which case this Agreement shall be deemed terminated if Licensee
fails to commence the cure within thirty (30) days, or having so commenced, thereafter fails to
proceed diligently to remedy the same.
Upon termination of this Agreement, Licensee shall, at the option of City and.at no expense
to City, restore the Encroachment Area and remove the Improvement encroaching into the
Encroachment Area,to substantially the same conditionas at the commencement of this Agreement,
as reasonably acceptable to the Director of Transportation and Public Works,or his duly authorized
representative, and in accordance with then existing Ordinances and Codes of the City and City
specifications. It is understood and agreed to by Licensee that if this Agreement terminates and
Licensee fails to remove the Improvement at City's request, Licensee hereby gives City permission
to .remove the Improvement and any supporting structures and assess a lien on Licensee's fee
2014 ROW Encroachment Agreement—Commercial Page 3
1980690
Doc-71798
ownership in the median upon which the Improvement rests for the costs expended by the City to
remove such.improvement.
9e
It is further understood and agreed upon between the parties hereto that the Public Right-of-
Way to be used and encroached upon as described herein,are held by City as trustee for the public;
that City exercises such powers over the Public Right-of Way as have been delegated to it by the
Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty
and its legislative power to control the Public Right-of-Way for the use and benefit of the public. It
is accordingly agreed that if the governing body of City may at any time during 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 that does not preclude the use of the Encroachment Area for the Improvement,
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,.the parties agree to negotiate in good faith in order to accommodate
the Improvement in the Encroachment Area and the public purpose.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting
Licensee to construct, maintain and locate the Improvement over or within the described Public
Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way
nor is it meant to convey any right to use or occupy property in which a third party may have an
interest. Licensee agrees that it will obtain all necessarypermission 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;maintenance and use
of the Improvement and the Encroachment Area.
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.
2034 ROW Encroachment Agreement—Commercial Page 4
1980690
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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. 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 Liccnsee.
14..
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEXNIPY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH,DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
E)USTENCE OR LOCATION OF SAID IMPROVEMENT AND THE ENCROACHMENT
AREA AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED,IN WHOLE
OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, SERVANTS, OR
EMPLOYEES, OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE
ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,OR LICENSEES.
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
2014 ROW Encroachment Agreement-Commercial Page 5
1980690
Doc-71798
public liability insurance covering all public risks related to the proposed use and occupancy of
Public Right-of-Way as located and described in Exhibit"A". The amounts of.such insurance shall
be not less than the following:
$1,000,000 Commercial General Liability
with the understanding of, and agreement by, Licensee that such insurance amounts may be revised
upward at City's option,and that Licensee shall so revise such amounts immediately following notice
to Licensee of such requirement. Licensee agrees that it shall not cancel or amend such, policy
without at least thirty(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 attached as Exhibit "B". Upon request from
City, 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 the Improvement from the. Encroachment Area and the cleaning and restoration of the
Public Bight-of-Way. All insurance coverage required herein shall apply to and be maintained by all
Licensees'contractors performing work on the Encroachment Area.
lib.
Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of
money to be used to pay necessary fees to record this Agreement in its entirety in the deed records of
Denton County, Texas. After being recorded.,the original shall.be returned to the City Secretary of
the City of Fort Worth,Texas.
17.
In any action brought by City for the.enforcement ofthe obligations of Licensee,in which the
City is the prevailing party, City shall be entitled to recover interest:and reasonable attorney's fees.
In any action brought by Licensee for the enforcement of the obligations of City, in which Licensee
is the prevailing party, Licensee shall be entitled to recover interest and reasonable attorneys' fees;
provided, however,nothing contained herein shall ever be construed so as to require City to create a
sinking fund or to assess, levy,and collect any tax to fund its obligations under this paragraph.
2014 ROW.Encroachment.Agreement—Commercial Page 6
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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 Director of Planning and
Development. Any attempted assignment without prior written approval will be void.
Notwithstanding the foregoing, upon written notice to City, Licensee may assign its rights,
privileges, and obligations under this Agreement to the Beechwood Business Park Association, a
Texas non-profit corporation (the "Association"), pursuant to the City's form Assignment and
Consent of Encroachment Agreement(which must be executed by and among Licensee,Association,
and City to be effective), and may grant the users of the Improvement a.sub-license.to access the
Encroachment Area for all purposess granted to Licensee hereunder, including such sub-licensee's
rights to perform the obligations of Licensee and/or the Association pursuant to separate agreements
between and among Licensee,Association,and/or such sub-licensee(s).
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN
PARAGRAPH 8 SHALL SURVIVE ME TERMINATION OF THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto,their successors and assigns.
[Signatures on the Following Page]
2014 ROW Encroachment Agreement—Commercial Page 7
1980690
Doc-71798
EXECUTED this2_day of %� .�: ,.2016.
CITY: LICENSEE:
CITY OF FORT WORTH ROANOKE 35/114 PARTNERS,L.P.,
a Texas limited partnership
By: By: Roanoke 35/114 Genpar,LLC,
Randle Marwood )irec 0 ` a Texas limited liability company,
and DA"clops-nneat its general partner .
� f
By:
im V. tecker, Vice ptesident
ATTEST: -7 Approved As To Form and Legality
City SQcr.l,t Assistant City=Attorney
6 �
IF / r
21014 ROW Encroachment Agreement—Commercial
1480690
Doc-71798
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.
44-
Ani
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of '`1 2016.
Nlfff
EVELYN VASQUEZ
Notary Public.Stu
to of Texas ,
�,,r V Cornrrslssion Ex ires
Notary Public in and fpr the
�
tiFr P
n,,,,,,,•• August O4, 2 I i
State of Texas
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 William V. Boecker, 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 far
the purposes and consideration therein expressed, as the act and deed of Roanoke 35/114 Genpar,
LLC,a Texas limited.liability company, general partner of ROANOKE 351114 PARTNERS,L.P.;
a Texas limited partnership,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this kday ofN2L_1
2016.
r.
LA NETTA R.ADDY `
a NOTARY PUBLIC Public and fort he
STATE OF TEXAS
MY Catm Ev.02-27-2018
State of Texas
2014 ROW Encroachment Agreement—Commercial
1980690
Doc-71798
EXHIBIT "A"
IMPROVEMENT
Tanger Blvd & HWY 114
Median
1623'(194.786")
14'(1G97.
--1
14.08'(169.056*) 33'
84528"
CHAMP(OftiiS
CIRCLE
f fj G^
88.64"
T A ` 2s•
22.714' W
TENANT � � 28-
TENANT.:. 28 I
TE Ai1E TE RN _ W `•
�--NtaNT fi---E' NAKT 2.
60"
Doc-71798
ACCESS AND MAINTENANCE AREA
ter-——__-...——-, — h
f'`T LV �
S.H. 114
a
LOCATION MAP
-~EX-2 'W - -
i 25.6' 1.0'
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ENCROACHMENT—
AREA
NCROACHMENT 5'is' FREEWAY slcl)
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ACCESS & f
t ( MAINTENANCE I
. j AREA
{ V) LLJI ^ �
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+� 70•ELECTRIC R"GHT-OF-WAY EVENT
{ I- BRAZO5 ELECTRIC POWER COCPERAME INC. i.
{ INV..N(L 2012-32516
laic C �— _. C
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II 30' EASEMENT RIGHT OF WAY j
ir ATMOS ENERG CORPORI�liON
INST. N0, 2-52252
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C.P. .C.T. I
BURY SIGN EXHIBIT — F3.1C
777 Main SV6e1.Sw1e 600 TANGER BLVD o 7
For11111)Be-81 76102 FORT WORTH,TEXAS
TeL(977)887.81OM iyax(8 17)687-8067
TBPE G 110"TSPLS Y F-14"0750? JANUARY 2016 Boom 1'-w
copy6 I a 2016
Doc-71798
BURY
EXHIBIT "A"
SIGN ENCROACHMENT AREA
GEORGE W. SHAMBLIN SURVEY,ABSTRACT NO. 1191
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
BEING A 352 SQUARE FOOT(0.0081 ACRE)TRACT OF LAND SITUATED 1N THE GEORGE W.SHAMBLIN SURVEY,
ABSTRACT NO.1191,CITY OF FORT WORTH, DENTON COUNTY,TEXAS,AND BEING A PORTION OF TANGER
BOULEVARD (100-FOOT WIDE PUBLIC RIGHT-OF-WAY) DEDICATED BY CHAMPIONS CIRCLE ADDITION, AN
ADOMON TO THE CRY OF FORT WORTH ACCORDING TO THE PLAT THEREOF, RECORDED IN INSTRUMENT
NUMBER 2015.188,OFFICIAL PUBLIC RECORDS OF DENTON COUNTY,TEXAS(O.P.R.D.C.T,t SAID 352 SQUARE
FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/84NCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE
NORTHEAST CORNER OF LOT 1, BLOCK 5 OF SAID CHAMPIONS CIRCLE ADDITION SAME BEING THE
NORTHWEST CORNER OF A CALLED 5,0276 ACRE TRACT OF LAND DESCRIBED 1N A SPECIAL WARRANTY DEED
TO LG SH 114&IH 35,LLC,RECORDED IN INSTRUMENT NUMBER 201518025,O.P.R.D.C_T AND A CORRECTION
INSTRUMENT,RECORDED IN INSTRUMENT NUMBER 201521786,O.P.R.D.C.T.,AND BEING IN THE SOUTH RIGHT-
OF-WAY LINE OF STATE HIGHWAY NO. 114(VARtABLE WIDTH PUBLIC RIGHT-OF-WAY)-,
THENCE,SOUTH 88°17'11"WEST.ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO.114,A
DISTANCE OF 556.88 FEET TO A CUT"X•IN CONCRETE FOUND.FOR THE NORTH END OF A CORNER CLIP AT
THE.INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 114 WITH THE EAST
RIGHT-.GIS-WAY LINE OF SAID TANGER BOULEVARD;
THENCE,(LI)SOUTH 43"43'06'WEST,ALONG SAID CORNER CUP,A DISTANCE OF 14.25 FEFT TO A CUT w IN
CONCRETE FOUND FOR THE SOUTH END OF SAID CORNER CLIP;
THENCE,(1-2)SOUTH 00'50'58"EAST,ALONG THE EAST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD,A
DISTANCE OF 23.97 FEET TO A POINT;
THENCE, (1-3) SOUTH 89'09'02' WEST, DEPARTING THE EAST RIGHT-OF-WAY LINE OF SAID TANGER
BOULEVARD,OVER AND ACROSS SAID TANGER BOULEVARD,A DISTANCE OF 46.40 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING OVER AND ACROSS SAID TANGER BOULEVARD,THE FOLLOWING CALLS:
(1-4)SOUTH 00°32'52"EAST,A DISTANCE OF 17;00 FEET TO A POINT FOR CORNER;
(1-5)SOUTH 89'27'08"WEST,A DISTANCE OF 7.00 FEET TO A POINT FOR CORNER;
(L6)NORTH 00'32'52"WEST,.A DISTANCE OF 6.00 FEET TO A POINT.FOR CORNER.
(1-7)SOUTH 89`09'02°WEST,A DISTANCE OF 46.54 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-
OF-WAY LINE OF SAID TANGER BOULEVARD.
THENCE.(1-8)NORTH 00"50'58"WEST,ALONG THE WEST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD,A
DISTANCE OF 5.00 FEET TO A.POINT FOR CORNER;
THENCE,DEPARTING THE WEST RIGHT-OFWAY LINE OF SAID TANGER BOULEVARD,CONTINUING OVER AND
ACROSS SAID TANGER BOULEVARD,THE FOLLOWING.CALLS:
(1-9)NORTH 89°49'02"EAST,A DISTANCE OF 46.56 FEET TO A POINT FOR CORNER;
(1-10)NORTH 00.32'52"WEST,A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER;
(L11)NORTH 89'27'08"EAST,A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
A COMPUTED AREA OF 352 SQUARE FOOT OR 0.0081 ACRES OF LAND.
S:IMUM0109284 Fine Lkw DivemffmW0003ChwVi*m Ckfo-8uerees0(RlSITS1SIGxN FMMOTMO1092"36M—SIGN EXHIBIT 2Aocx
Page 1 Of 3
Doc-71798
BURY
EXHIBIT ",4"
SIGN ENCROACHMENT AREA
GEORGE W. SHAMBLIN SURVEY,ABSTRACT NO. 1191
CITY OF FORT WORTH,DENTON COUNTY,TEXAS
NOTES:
THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE STATE PLANE COORDINATE SYSTEM(TEXAS
NORTH CENTRAL ZONE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS S44ARTNET NETWORK,
DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.99984716473.
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION.
�- S
S,.%UM109284Fine Line0WemVfedX3=3ChampionsCircle-&m-eestEXHIBFMSIGNEXHIBITSW1092M-30003SIGN EXHIBIT 2.dxx
Page 2 of 3
STATE HIGHWAY NO.1% _
S 88'17'11" W (VARIABLE WIDTH PUBLIC R.O.W)
11.93'
CUT'X'FOUND
CM2F CUT'X'FOUND {CM) CIRF(CM)
5 881T'11" W 556.88' -��`
CIRF POB a L1
L110 J CVT X"FOUND
L9 L11 L3
L7,,.
19
4�" 0 30 60
L8 L5 8ION ENCROACHMENT AREA
9E2 8CUARE BEET �'�
0.0051 ACRE
CALLED &0276 ACRES
LC SH^ ✓\ t ST.NO.42M-18025&
51 l o LffT 1, BLOCK 5 2Dts-217a6
JEa&-, o y CHAMPIONS CIRCLE ADOMON ,y'A. O.P.R.D.C.T.
6—M-b a INST. pdR.G�.T_188 fix,
S'
am-Ets LTD.
i o 0.Z O m INST.HQ,2015-51043 '4
ao r O.P.R.O-.C.T.
7d v z DCIRF 5/8-INCH IRON ROD WITH
O
N L INE TABLE PLASTIC
uu w CAP VAMPED
~ INST„NO. INSiAVMENT.NUMBER
LINE # BEARING DISTANCE SQ.F7. SQUARE FEET
(CM) CONTROLLING
UMENT
LI S43'43'06'W 14.25' O.P.R.O.C.T. OFSCK PU&X RECORDS Of
DENTON COUNrr,TEXAS
L2 S0'50'58"E 23.97' R.01% RICHT-OF-WAY
POC POINT of COMMENCING
IRF L3 $89'09'02'W 46.40' PW POINT OF BEGINNING
NOW& L4 SO'32'52"E 17.00'
A HELD NOTE DESCRIPTION WAS PREPARED ON£VEN DATE TO ACCOMPANY THIS SKETCH.
L5 $89'27'08'W 7.00'
8EARiNCS SHOWN HEREON ARE REFERENCE() TO THE TEXAS STATE PLANE COORDINATE SYSTEM (NORTH CENTRAL /a�'9 ;
ZONE. NAD 83) 8A5 V ON WCA CEOSY5TEM9 140R"I}i TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO L6 URFNO'32°52"W 6-00, '¢w :914
SURFACE VSINO AN AVERAGE COMBINED SCALE OF 0.98984?18473.
RN( L7 S89'09'OZ W 46.54' MI U
EXHIBIT'A'BUSIGN ENCROACHMENT AREA LB No'so'ss"w 5.00'
q.•-O
1.6t NO Raw WtmDEJ•'::• ^1
POIK T""715m GEORGE W.SHAMBLIN SURVEY L9 1489'09'02"E 46.58'
TO(M)9o1.0D1i Fu(07s)991 one ABSTRAOT NO.1191 `1
TBPENF-IM TVAGNPAGi 07802 L10 NO'32'52"W 600'
CITY OF FORT WORTH,DENTON,TEXAS .
Copynplaox9t5 VniAEL
Lit I N89'27'08"E 1 7.00' RC STERED PROFESSEONAL
GATE:11-t 310t5 SCALE:1-W DRAOVNvY.3£6PROJECT N0.:80109284-30003 I Sr FTNO 30F3 LAND SURVEYOR NO. 5724
C)
S\SUR\01.09284 Fine Lina pKweifie4\30003 Champions Cv lr-Sue-en\EXNt&TS\SIGN EXHIRITS\09284-03-51914 EXHIBIT 2.dwq Nov 13,15 10:21 AM by. karcI.
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Doc-71798
EXHIBIT "Bn
A " CERTIFICATE OF LIABILITY INSURANCE
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 AMEM, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE.DOES NOT GON9TTTl1TE 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.
ff SUBROGATION IS WAIVED,subject.to the terms and conditions of the policy,certain po4cies may require an endorsement,A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsernerrt(s). �.
PRODUCER _._ CONTACT .�
Aon Risk Services southwest, Snc. NAGhf — -
Fort Worth TX,office s no.E:� (817) 310-4000 F (817) 339-2.019
mmro
301 coerce Street E4dAW
Suite 2101 ADORCSS: z
Fort ),%`-th TX 76102 USA
MURER(S)AFFORDING COVERAGE MAIC tl
INSURED K%URFRA. Zurich American ins Co 1653S
Roanoke 35/114 Partners. L.P. NSUSER B:
201 Main Street, suite 2700 n�uFeRC: -
Fort worth TX 76102 USA
PWSURER D:
WSURER E:
COVERAGES CFRTIFICATE NUMBER:57006149733$ REVISION NUMBER;_
THIS IS TO CERTIrY T19AT I!IL FOLICIE i OF 3NSi)RANCE LISTED BELOVN HAVE BEEN ISSUED TD THE SNSURED NAMED Afov7"Gatti T'Hf-Policy PERICID
INDICA?EC.NCiTVJ!FHS7ACwC2f"y. F.`�Y F.- UIREtw9`:^!:'.
TERMOR CONDITION OF ANY C0'4'-RAFT OR OT'H.R DOCUMENT WI'H FFSPECT TO 1VH. CH
CEftTiF1CATE V AY!?.E SSUL;_ 04 ;:'Ar PERTA3N THv iNSLIRANCE AFFORD'D Fit THE 7-CtIC!ES Jc-SCP.IBED HEREIN IS SJSJE''TTOALL THE 7--RMS,
EaC_USIDNS ANO CC•ND'TON ,;':ri PGLICIcS LIMITS SH[,INN VA'Y Fkn`Jc BEEN F[T)TCED BY PAC CLAMS. Lrcuft shownareas vequetted
WSR ADIX SVR PD��yl FF POLICY EXP
LTR I PF OF INSLWNGL KSD WVD POLICY NUMBER Mpxooryyyy LM
TS
LT5
A X r7MMERC}AL GENE RAL LLAMLITY f i •` `- I EACHOCCU''Y0.'7n� 57,�CQJ,.QGo
� .nC�MmIADF ��c I OCCUR S I.00G�SIX!
, e �HEiJ S. ';ki ru�rati-c.. '. _
x tee'Lav ai5 91:;ny:aC MEC[XP(.Any Qf1�v
L
PeRSON•.LSA ViNURY 51,0*7G.C1 (t as
ea
F
IER: GEkE A P Ts.-uV:�'iUPAGO S0"J•�•L:JOT81 R.
A MMOME Lav3r,JTv C0148 NEC SINGLE IJMT
LLa acs:,• �__..____ - ..
ANY AUrO OM
OWNER Gt'ZOVtE.O .,@O"I YY I♦'L<R,.a a ten;. .-_.-.� w�,y,
AUTOS ONLY �UTC5 _
HIREDAUT0,S 110,v U\M1^:ED PRC�'k-E ;7Rh.GE Q
Per scuts
C
UMBRELLA LIAR OCCUR Efi.^,'hP GOCCkHEvCF V'
£XCES&b.G9,W,'4 CLAIMS-MADE AGGREGATE
EF
WORKERS GOHt`['�:;:.T I] ..vlJ (STATUTE �f:
EMPLOYERS'LL451L M ..--
ArmvRorAfET'cit i•�L:-`.L+`•�..L]U1:1�,. YIN E.L.E'ACy,ACCtO=NT
0FF1�ERMERSgC -. __ NIA -
,Wndatwy 4[N,r•• E.L.NSEASE-LAEMPL0--E
DESCR:�;i;:n i;F•<;f;=�.1:r.r::- [t.8(S'$.4:.L?Gilcr;r.Y IT �.
_ sa:
i
f �
DFSCRIPnON OF 0PL'AATiW 5I LOCA.TIONS t VEHICLES IACPRD 707,Add"mI Re ,ks Schedul-.may ba.•anached R mon spa-is r*,p ind)
Pe: rnrroaclimen'- Permit state 124 and Tang"er Blvd., WO-th- Interstate 35w frontage and Outlet Blvd., Fort
wUr -x Chav O sh F Tsar';,ivay MIate ,Jhway 114, ro't we-t Tx ,a
cer ficate Hp c' r iz i cli led cditiv"l l Insured as -eqxred by Lien contract; but limited to the Operations of the
T.s eW ,n$cr the epp'icable ends Memer.T oath respect'to the General 'Liability policy.
CERTIFICATE BOLDER CANCELLATION
SHOULD:ANY OF THE ABOVE DESCR18E0 POLICES RE CANCELLED BEFORE THE
EXPKiATION DATE THEREOF, NOTICE WLL BE DELIVERF,D W ACCORDANCE Wrn4 THR _
POLICY PROVISIONS
City Of Fort.Worth AUTIFORQED REPR£SENTATNE
Department of Developoment
1060 . David Shroadtr, P1.anner �,r _ �
1000 worth TY
Street `� �
Fort worth tic 76102 USA IGa�elet4 L
01988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Exhibit"B" to Assignment and Consent of Encroachment Agreement
CERTIFICATE OF INSURANCE
(to be attached)
CSC No. 8
Consent to Assignment
Right of Way Encroachment Agreement
DDIY
144/ 1:> CERTIFICATE OF LIABILITY INSURANCE DATE(MMl12/0812017 Y)
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 have ADDITIONAL INSURED provisions or be endorsed.If m
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:
Aon Risk Services Southwest, Inc. PHONE _
Fort worth TX Office {AIC.No.Ext): "" 'fl F�.No.):
C817) 339-2019
301 Commerce Street E-MAIL c
suite 2370 ADDRESS: _
Fort worth TX 76102 USA INSURERIS)AFFORDING COVERAGE NAICII
INSURED INSURERA: Zurich American Cc 1,6S35
Beechwood Business Park Association INSURER B:
201 Main Street, Suite 2700 INSURER C:
Fort worth TX 76102 USA
INSURER D:
INSURER E;
INSURER Fr
COVERAGES CERTIFICATE NUMBER: 5700694354C)2 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 CONTRACT OR C'THER DOCUMENT VWrrH RESPECT V InICH TrIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A—THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDO MMiDOIY�YY11 LIMITS
A COMMERCIAL GENERAL LIABILITY GLAb5552OS-08 EACH OCCURRI--,qCL $1,000,000
CLAIMS-MADE X❑OCCUR DAMAGE $1,000,000
PREMISES Ea cccurrence
Per Loc Agg$1 Omil Cap MED EXP(Any one penton) $5,000
PERSONAL a ADV INJURY $1,000,000 p
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 A
POLICY ❑JPER- F1 LOC ? PRODUCTS-COMP/OPAGG $2,000 000
0
OTHER: r
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident ,
ANY AUTO
BODILY INJURY(Per person) C
2
OWNED SCHEDULED BODILY INJURY(Per accident) .m+
AUTOS ONLY AUTOS
HIREDAUTOS NON-OWNED PROPERTY DAMAGE V
ONLY AUTOS ONLY Per accidentw
m
UMBRELLA LIAR OCCUR EACH OCCURRENCE V
EXCESS UAB CLAIMS-MADE AGGREGATE
CPC 1 RETEN--"%
WORKERS COMPENSATION AND PER OTH-
EMPLOYERS'LIABILITY YIN
STATUTE R
A fPRCFRI'eTCR PARrNERIEXECUTIVE E.L.EACH ACCIDENT
OFFICERIMEMSER EXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT
77
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule.may be attached rc mcre spaceis required)
Re' Encroachment Permit - State Hwy 114 and Tanger Blvd., Fort worth, Tx; Interssn3te 35w frontage and outlet Blvd., Fort
worth, Tx; Championship Parkway and State Ni
ghway 114, Fort worth TX
certificate Holder is included as Additional insured as required 6y written contract, but limited to the operations of the
insured under said contract, per the applicable endorsement with respect to the General Liability policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City of Fort worth AUTHORIZED REPRESENTATIVE
Department of Development
Attn: David 5hroedr, Planner .r ��` r� �
1000 Throckmorton street c(�ry4/1ls
Fort worth Tx 76102 USA
01988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contact,including
ensuring all performance and reporting requirements.
me of Employee
Janie S. Morales
Department Manager
O'FF'ICIAL REC""P,
CITE`SECRETAl ly
SFT.FORTH,TX