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HomeMy WebLinkAboutContract 51336 CITYCT oF`S�Q��y RIGHT OF WAY ENCROACHMENT AGREEMENT (COd LWERM L) 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 herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Uplift Education, a Texas non-profit corporation "Licensee", acting herein by and through its duly authorized Senior Director of Legal Affairs and Secretary, the owner of the real property located at 3300 Turf Paradise Parkway, Fort Worth, Texas 76140("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: AGREEMENT 1. 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 a fence (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. 2. OFFICIAL RECORD ROW Encroachment Agreement-Commercial CITY SECRETARY ! Page 1 of 1 FT.WORTH,Ty d Revised 10/2017 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 from 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 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 Improvements 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 ROW Encroachment Agreement-Commercial Page 2 of 11 Revised 10/2017 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. 8. 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 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 ROW Encroachment Agreement-Commercial Page 3 of 11 Revised 10/2017 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. 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, ROW Encroachment Agreement-Commercial Page 4 of 11 Revised 10/2017 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. 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 ROW Encroachment Agreement-Commercial Page 5 of 11 Revised 10/2017 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, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 6 of 11 Revised 10/2017 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 o th Uplift Education By: By: Randle Harwood Name: Alexander Berk Director Title: Senior Director of Legal Planning and Develo ent Department Affairs and Secretary Date: 20 Date:4y(z►'t6 -, le , 20 I•� F OR � 6 ATT T: ; ,_ kr roved As To Form and Legality pri J. City Secretary .. '' Assistant City Attorney Contract Compliance Manager By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract, including ensuring all performance And reporting requirements. /anie S. Morales OFFICIAL RECORD CITY SECRETARY Development Manager FT.WORTH,TX ROW Encroachment Agreement-Commercial Page 7 of 11 Revised 10/2017 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o (, 20149 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Wo 7", IFER LOUISE EZERNACK Nota Publi , tate f Xas y Public,State ofTexasm. Expires 03-01-2020otary ID 130561630 ROW Encroachment Agreement-Commercial Page 8 of 11 Revised 10/2017 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 Alexander Berk, Senior Director of Legal Affairs and Secretary, 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 Uplift Education, a Texas non-profit corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisiQ day of (til►L , 20jg_. ::Noftryry Mora 1publk.orTox" Not ry a lic in and for the fteenau s State of ICIIA5 After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 ROW Encroachment Agreement-Commercial Page 9 of 11 Revised 10/2017 METES AND BOUNDS OF THE PROPERTY SEF7 LX")61T- ROW Encroachment Agreement-Commercial Page 10 of 11 Revised 10/2017 EXHIBIT"A" Location and Description of Encroachment and Improvements Lot 1, Block 1 ROW Encroachment Agreement-Commercial Page 11 of 11 Revised 10/2017 77 1jillv A .20 1 01 El MIN Ht- Ef 1;n a �^i� y I 7j r' 1 --1 �.4 ��Ta coil TP T7 TOM 'I ea Ey-. a �- ��?� to" ANSI not" is A Off sit 10101 i. its age a Sp. 4L, JANd 7719 ------------- P.7 4h tootakaLs=jm LQ6 E LEM, it I N, L 4 SIMI, Oh a. -a W air .11 -InAN 's V 61- 0 was -4F 7 7, ------------ w¢ cc Q Z Z Lu 0 w 0 LL LL M LL M 0 LL m J LL w Eo 5091-81, <E�0 H ZANY 0 I11 <-;t W w 12H Lu LL MW < <Q w CD lz(.)OU7 T z 0 0 < OVT E=--77 -3�7- N7 < -------- C14 LLJ 15'-0 I n C? C/) Lu 1 ran En W Lu 31vV7 C,6 Z euu ` _ D LU 0 0 xt, Lu Lu a- Lu < Er Lu C) z z cr co C/) 00 m 3: 2 m o cr LLJ 19 Lu Z Cl .ALU U- LL- to 0 CA 0 LU < < _j CY) U. (D LLJ 0 cr LL 0 > < 0 0 Z C14 (/)AUX --- - , I I = O Z dM I I -- v o LU Z Ir Er cr y 0 CA 0 < LL Lu U) F- cr 0 uj z 0 >- LL < LU f— _j LU —i C/) LU LU C/) LLJ 27 1 II cr- w=4 Z �j - , I-------------- j 1 4 Y1 51'- w Z IL .5 T Lo N wI —iN3VY3SV3 NOUN3i3(J CINV 0 -- E I iN3VY3SV3 MOU JO 3NII NO N I N 031VO01 30N3zl]V1N3VYVNH0 Ix. O0 w 0 0 z uj ii Ica, LLJ Rw Lu LA 0 c z Cl) F- 0 < Z.Z ui F- P: 9 W cc Z < z o- w L)W w 2 j cr W ui 0 LU u C)w cn 0 cn U-CC < w 06 w <LL 0 CU Z W w a:_j w w cc C/) LL a-w z z —J 0 F- ¢<CC< o r Iz lu�LL LL <1=w cc if) 0 w 0 1020'-8 14H2dOUd JO 301SNI L(MV001 —S-LSOd-W13D4 NO 3ON3=1 AOVArdd DOOM b (z e o C_ O � WJ w = zw x Wz Q III I � o a� I (I I ¢ o Q4 CO Ll(D C14O a o I I _ c u4 I Q 2 LQ Iul l � T�J U_ II y 2;' i N O I mG144�3 A41�9!sAO1H5W ZPP]980Z1194+3 AVI�9 sAOlHStrc f45P0lOZluassue�d uoprulsuoO[GLII w90 asap puel00L\ZO-0PB06Z.d Hltld Wd El-Zt Bt0�C1/6.31tl0 SOAOlM,l1A V1131tlBtl0 A903llO1d J Q Z W Q Z O z w Q z Q o� Lu Z J LL Q O � W IN EXHIBIT "A" RIGHT-OF-WAY ENCROACHMENT METES & BOUNDS DESCRIPTION BEING A 0.002 ACRE TRACT OF LAND LOCATED IN BLOCK 25, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF TURF PARADISE PARKWAY, A 66 FOOT PUBLIC RIGHT-OF-WAY, SAID 0.002 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469- 1671" FOR THE SOUTHERNMOST SOUTHEAST CORNER OF LOT 1, BLOCK 1, UPLIFT- HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO. D218172921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), SAME BEING THE SOUTHWEST CORNER OF TRACT 3,A CALLED 3.539 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO BENCHMARK ACQUISITIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D217289023, OPRTCT, SAID COMMENCING POINT HAVING A NAD83 — TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6915723.4 E:2346293.5 (BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BA ED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NErFWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USINO A COMBINED SCALE FACTOR OF 1.00012804200,BASE POINT OF 0,0,0); THENCE NORTH 52 DEGREES 08 MINUTES 31 SECONDS WEST, OVER AND ACROSS SAID TURF PARADISE PARKWAY, A DISTANCE OF 105.87 FEET, TO A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671" FOR CORNER ON THE NORTH RIGHT-OF-WAY LINE OF SAID TURF PARADISE PARKWAY; THENCE SOUTH 89 DEGREES 17 MINUTES 38 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 127.84 TO THE POINT OF BEGINNING, SAID BEGINNING POINT HAVING A NAD83 — TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6915786.8 E:2346282.1; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, AND OVER AND ACROSS SAID TURF PARADISE PARKWAY,THE FOLLOWING CALLS: SOUTH 00 DEGREES 42 MINUTES 22 SECONDS EAST, A DISTANCE OF 2.00 FEET,TO A POINT FOR CORNER; SOUTH 89 DEGREES 17 MINUTES 38 SECONDS WEST, A DISTANCE OF 53.86 FEET,TO A POINT FOR CORNER; NORTH 00 DEGREES 42 MINUTES 22 SECONDS WEST, A DISTANCE OF 2.00 FEET, TO A POINT FOR CORNER, BEING ON SAID NORTH RIGHT-OF-WAY LINE OF TURF PARADISE PARKWAY; Page 1 of 3 NORTH 89 DEGREES 17 MINUTES 38 SECONDS EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 53.86, TO THE POINT OF BEGINNING, AND CONTAINING 0.002 ACRES (108 SQUARE FEET) OF LAND, MORE OR LESS. SEE ACCOMPANYING EXHIBIT DATED SEPTEMBER 17,2018 PREMMINARY JOSHUA D. WARGO DATE: 09-17-2018 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 STATE OF TEXAS Page 2 of 3 EXHIBIT "A" THE FOLLOWING IS A SURVEY PLAT OF A RIGHT—OF—WAY ENCROACHMENT SITUATED IN THE BLOCK 25 — SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, BEING A PORTION OF TURF PARADISE PARKWAY, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LINE TABLE I W LINE BEARING DISTANCE s ®nv Ll S 00'4222" E 2.00' c� �rj� �� �� r.a�� L2 S 89'17'38" W 53.86' 13L coj� Ij - 3 LOT 1, BLOCK 1 L3 N 0042 22" W 2.00' � S �' UPLIFT - HANNA RANCH J�X pkv+T' ADDITION L4 N 89'1738" E 53.86' P ST S CC# D218172921 E� OPRTCT DRAINAGE EASEMENT RIGHT—OF-WAY CC# D218172921 (� OPRTCT ENCROACHMENT I ------------ W r a 002 ACRES I v Y r (108 SO. FT.) V 5/8" H A WA L CIRS Lr) U O r tipw Vi l NAD83 (GRID) � N:6915786.8 5/8" / p Z 1 L4 E:2346282.1 - CIRS- J m O S 89'17'38" W 127.84' �. Q L3 2' L2 LI s Q oma, ORNAMENTAL 3 IRON FENCE O ..... ._......_ TURF PARADISE PARKWAY POC CITY OF FORT WORTH 5/8" clRs NAD83 (GRID) N:6915723.4 CITY OF EVERMAN I E.2346293.5 I I CALLED 251.386 ACRES 100'x50' DRAINAGE FACILITY EASEMENT _� F H ENON LIMITED ,.,•.GEND & ABBREVIATIONS 5/8" CIRF "CARTER I CC#D218017801 I PARTNERSHIP & BURGESS" BEARS I OPRTCT CC# D204071537 CIRS 5/8" CAPPED IRON ROD S6821'38"E - 4.31' 1 SET STAMPED FROM DESCRIBED DEED 1 5/8" IRF BEARS 1 OPRTCT CORNER LOCATION I S53 59'02"E ^- 4.84' 1 MMA 817-469-1671" CC#D204151819 I FROM DESCRIBED DEED POC POINT OF COMMENCING 1 CORNER LOCATION D2 _ CC# 04151819 POB POINT OF BEGINNING CALLED 7.110 ACRES IRF IRON ROD FOUND EASTGATE PROPERTIES, INC DRTCT DEED RECORDS, TARRANT a CC# D204151819 COUNTY, TEXAS OPRTCT I OPRTCT OFFICIAL PUBLIC RECORDS, 1, JOSHUA D. WARGO, REGISTERED PROFESSIONAL LAND SURVEYOR, TARRANT COUNTY, TEXAS E HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON ESMT. EASEMENT °o THE GROUND SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. VOL. VOLUME W PRELIMINARY PG. PAGE 3 777ls document shall not be CC# COUNTY CLERK'S recorded for any purpose and shall INSTRUMENT NUMBER not be used or viewed or celled oupon as a flnol survey document. oJOSHUA D. WARGO SEPTEMBER 17, 2018 -- REGISTERED PROFESSIONAL m I m a 00 LAND SURVEYOR NO. 6391 N In STATE OF TEXAS avtten n F, t4wwv In tbpe registration number:f — 2759 p NOTES: tbpls registration/license number: 100B8000 to 1. BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE 5 1 9 e a s t b a s e r 6 NAD83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BASED ON a r l i n g t o n, texas 7 6 0 1 0 g GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL B 1 7 —4 6 9 — 1 6 7 1 DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED raX : e17-z7a-e7s7 N SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); www .m m a t e x a s.c o m 2. SEE ACCOMPANYING LEGAL DESCRIPTION PAGES 1-2 OF 3, DATED 9-17-18. a DATE: 09/17/18 SCALE: ±w= 40' DRAWN BY: J-MS_ CHECKED BY:Viµ' JOB. NO.:2888-00=01 PAGE 3 OF 3 E(MM/DD/YYYY) AC Rom DAT CERTIFICATE OF LIABILITY INSURANCE F9/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER McGriff Insurance Services NAME, Andrea M.Reyes 12801 North Central Expressway, Suite 125 PAHONN o.Ext): 318-677-2596 FAIC,X NO Dallas, TX 75243 E-MAIL ADDRESS: Andrea.Reyes@ mcq riff insurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: United Educators Ins a Recip Risk Ret Gr 10020 INSURED INSURER B: American Guarantee and Liability Ins Co 26247 Uplift Education INSURER C: Texas Mutual Insurance Company 22945 1825 Market Center Blvd. Dallas TX 75207 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 44295745 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 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 I TYPE OF INSURANCE ADD L SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY A ,/ COMMERCIAL GENERAL LIABILITY CGL201600491700 10/9/2017 10/9/2018 EACH OCCURRENCE $110001000 DAMAGE TO RENTED CLAIMS-MADE 7OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY JECPROT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILELIA ILITY PRA 0186181-01 10/9/2017 10/9/2018 (Ea aBINEDISINGLE LIMIT $1,000,000 ✓ ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED (Per Raccident)OPP RT nDAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY A UMBRELLA LIAB ,/ OCCUR GLX201600491700 10/9/2017 10/9/2018 EACH OCCURRENCE $30,000 000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $30,000,000 DED I I RETENTION$ I $ C WORKERS COMPENSATION TSF0001227416 8/1/2018 8/1/2019 ,/ STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Hired Physical Damage PRA 0186181-01 10/9/2017 10/9/2018 Comprehensive Deductible $100 Collision Deductible $1,000 A Educators Legal Liability ELS201600491700 10/9/2017 10/9/2018 Each Claim $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Location:3300 Turf Paradise Parkway-Legal Description: Loi 1,Block 1, Uplift Education 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 Planning & Development—CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN18-00103 and PN18-00104 200 Texas Street Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE Joffrey Clark ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: UPLIF2 LOC#: AC40R" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Uplift Education McGriff Insurance Services 1825 Market Center Blvd. POLICY NUMBER Dallas TX 75207 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER: City of Fort Worth Planning&Development—CFA Office PN18-00103 and PN18-00104 ADDRESS:200 Texas Street Fort Worth TX 76102 Named Insured Includes : Uplift Education dba Uplift Gradus Preparatory Uplift Education dba Uplift Grand Preparatory Uplift Education dba Uplift Hampton Preparatory Uplift Education dba Uplift Heights Preparatory Uplift Education dba Uplift Heights Primary Preparatory Uplift Education dba Uplift Infinity Preparatory Uplift Education dba Uplift Lee Preparatory Uplift Education dba Uplift Luna Primary Preparatory Uplift Education dba Uplift Luna Secondary Preparatory Uplift Education dba Uplift Meridian Preparatory Uplift Education dba Uplift Mighty Preparatory Uplift Education dba Uplift Mighty Secondary Preparatory Uplift Education dba Uplift North Hills Preparatory Uplift Education d a Uplift Peak Preparatory Uplift Education d a Uplift Pinnacle Preparatory Uplift Education d a Uplift Summit International Preparatory Uplift Education dba Uplift Triumph Preparatory Uplift Education dba Uplift White Rock Hills Preparatory Uplift Education dba Uplift Williams Preparatory Uplift Education dba Uplift Wisdom Preparatory ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 44295745 1 UPLIF2 1 17/18 AOP -18-19 ac Master i Andrea M. Reyes 1 9/19/2018 9:59:16 AN[ (cnT) I Palo 2 of 2