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HomeMy WebLinkAboutContract 52842 MY PiFrTUARY Too. Gup�'�ri;GT NO._52aga 0 e` 0 26 �oQ EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director; (2) Campus Hotel Venture, LP, a Texas Limited Partnership ("Licensee"), acting by and through its duly authorized President; and (3) Texas Christian University, a non-profit corporation ("Owner"), owner of the real property located at 2500 West Berry Street, Fort Worth, Texas 76129 ("Property"), acting by and through its duly authorized Vice Chancellor for Finance and Administration. RECITALS WHEREAS, Licensee, as lessee, and Owner, as lessor, are parties to that certain Ground Lease Agreement between Texas Christian University, as LANDLORD, and Campus Hotel Venture LP, AS TENANT, effective as of July 10, 2018, (description of lease agreement) concerning real property owned by Owner and situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a 20' Drainage easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the needs of Licensee and Owner, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City, Owner, and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of providing sanit 0 F F I L I A 7LLlitEC U Vl;L Easement Encroachment Agreement-Commercial CrWSECRUAR Ret'I.d 11V V 6Kr,-TX sewer, storm sewer and irrigation for future development (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. 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 securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 Encroachment and use, Licensee shall pay to the 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 their duly authorized representative. 4. Licensee agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Easement Encroachment Agreement-Commercial Page 2 of 13 Revised 12/2018 Upon termination of this Agreement,Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications. It is understood and agreed to by Licensee and Owner that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee and Owner hereby give the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the 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 of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty(30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement 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 Easement 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 Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, 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, that the parties agree to Easement Encroachment Agreement-Commercial Page 3 of 13 Revised 12/2018 negotiate in good faith in order to accommodate the Encroachment and the public purpose. 9. 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE 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 ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. 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 located and described in Exhibit A. The amounts of such insurance shall be not less than $1,000,000 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 immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. 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 the City on the anniversary date of the execution of this Agreement. Easement Encroachment Agreement-Commercial Page 4 of 13 Revised 12/2018 Licensee agrees, binds, and obligates itself and 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 Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Easement Encroachment Agreement-Commercial Page 5 of 13 Revised 12/2018 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. 19. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 13 Revised 12/2018 City: Licensee: CITY RT RTH CAMPUS HOTEL VENTURE, LP r By: By: Randle Harwood, Director J-. John F. Davis,III Planning&Devel men Title: President Date: Date: 9 1 Z-l 1 41 Owner: Tei Chris ° Universi By: p, Name: \,V(An Title: (Ce ch e'1(0!-fw F(I(im UL Date: ATTEST: Approved As To Form and Legality Ali •/jr� ,4t Rah City Secretary ` ,, `' Trey ua e' Assistant City Attorney `� �� �;#;;rot"•t~, �J.> Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of t °o con act, including ensuring all performance an reporting requirements. Janie S. Morales evelop OFFICIAL RECORD Easement Encroachment Agreement-Commercial CITY6KRETARY R FT.d �E�1 Ho TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he 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. GI��'EN UNDER V I1' HAND AND SEAL OF OFFICE thib,9� day of 20K. No ry Public in,and for t State of Texas ���iPPypU��4 JENNIFER LOUISE EZERNACK :Notary Public,State of Texas "= Comm.Expires 03-01-2020 After recording return to: �''a�oF •` Notary ID 130561630 n,na Planning&Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL REMDR CITY SECRETARY FT. WORTH,T Easement Encroachment Agreement-Commercial i' Revised 12/2018 Licensee 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 John F. Davis, III, President (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Campus Hotel Ventures, LP, a Texas Limited Partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this dl3t day of Ot,y 20 11 . ISAAC STEWART Notary Public,State of Texas Notary Public in and for the Comm. Expires 04-14-2020 Notary 10 130619435 State of TL)[� OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Easement Encroachment Agreement-Commercial Page 9 of 13 Revised 12/2018 Owner 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 Brian Gutierrez, Vice Chancellor of Finance and Administration (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Texas Christian University, a non-profit corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this d% day of , 20vi 1� . K.� •P'p�•. TERRY HANEY Notary Pu c in and forte op a;• NOTARY PUBLIC o `"• State of Texas State of ` N9...... e of s�+' Comm.Exp.11-12 2019 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 10 of 13 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 11 of 13 Revised 12/2018 Emblt A + I NEW 8" SEWER SERVICE BEGIN PP/VATE 8 SAN/TARP /A MISC. PROJECTS SEWST PROPERTY LINE 4 EX 18" SS TO BE ABANDONED PROPOSED 18" h5 .._.____ TT B - STORM DRAIN ``;VfES STREET_ . SEE EXHIBIT A—1 -o o TT PROPOSED PROPOSED 15" - S PRIVATE 8" STORM DRAIN _ ___ SANITARY SEWER SEE EXHIBIT A-1 _ ' SEE EXHIBIT A-2 PROPOSED EX 6" SS TO BE 41BA1hf1 /RR/GA TION =� w SLEEVES N1' j ( SEE EXHIBIT A-3 4, t a fr 3 n PROPOSED n m BUILDING i m - EJ(IST/NG UTILITY -- I SEMEN T TO BE 11 ABANDONED BY PLAT II � � s II i ; � I i o ✓: i FUTU61 i + {{ BUILD F _ II WEST BERRY STREET 4 I I ,,, le a40, o I N L f I I PAGE lOF7 II VICINITY MAP Z D U NAWAYHYATT PLACE o 100 Zoo A STORM, SANITARY SEWER, sso Bailey Avenue 7ei8;�.l121 Worfh,iexas76107 IRRIGATION AND CARPORT (YXREG.F-iiia) EASEMENT ENCROACHMENT SCALE:1"=100 R. OEG/N ENCROACHMENT WEST BOWIE STREET �-EASE -____- === 0'/ROW) _ N 69 2303 0 ;F 15 oo I � j ' � 4�0 0 E 1 .97 � 0 00 1+00 2+00 f� Y-_P-O n S D+63.60 r� A. ENCRO N --- / I 1, bRAINAGE EASEM N 77 j N 694225 .0 I E 23 .8 __— I - ce PROPOSED 1 / N — STO Al ca i EXHI&TA1 + i ( STA 0+93.9 N SD-Al 1 1 SEND T NT a E 2320982.40 � ;�✓ / j I; i I I I I i� � I I I Gi Ml II G x a PROPOSED STORM DRAIN: 56 L.F. BUILDING s PAGE 2OF7 o " - t y DUNAWA EXH I BIT A-1a o 40 80 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 H YATT PLACE Tel:81 7M5.1 121 PRIVATE STORM DRAIN W ('X REG.F-1114) SCALE:V=40 ft. J d I I PROFILE SCALE HORIZ: 1"=40' I VERT: 1" =4' t 1 645 j j 645 I I 1 f I EXISTING GROUND 0 a OF PIPE 640 I I 640 I I DRAINAGE �� f I EASEMENT o � I I O L PROPOSED OF PIPE 6J51 635 I I f2 630 j I PR` ,� 1 630 S I IP s � pgjVAIE TA �,0+76.45 PROP. C11`SS N I OTTOM OF PIPE = 27.65 • RCP N 625 1 t 625 1 I P OF PIPE = 625. 7 I I ii a t X. PUBLIC 78' RC LL I ,I I Q Q 620 I I ,620 N I n A 618 I I 618 f PAGE 3 OF 7 0+50 1+00 1+50 2+00 DUNAWAY EXH I BIT A-lb W Bailey Avenue•suRe 400•Fort worth,Texas 76107 H YATT P LAC E TeI.B17335.1121 PRIVATE STORM DRAIN o 11X REG.F-1114) o J a 1 PROFILE SCAL HORIZ: 1" =40' I VERT: 1" =4' - I I 645 t fi 645 I I I I l 1640 I I 640 a I I m 635 I IAP 4FAF 4 Or- 635 EX/SANG GROUN EASEMENT 2 ® CL OF PIPE 1 1 o � _ w 630 f t 630 PROPOSED GRA _ 0 a OF PIPE S " PRIVATE I PROP �PR/VATE g PROP- PRVATE 18RR CLASS 111 1 " RCP CLASS /V s 625 ASS nl ;., 625 e $ STA = 1+55.21 BOTTOM OF P/ E = 625.87 STA = 1+55. 1 I I EX. PUBLIC TOP OF PIPE 624.50 iI; 78" RCP p 620 I 620 0 t N 1 1 IT_ f 617 617 PAGE 4OF 7 0+50 1+00 1+50 2+00 Z `z DUNAWAY EXH I BIT A-1c 550 Batley Avenue•Suite 400•Fort worth,Texas 76107 H YATT PLACE m Tel:817335.1121 PRIVATE STORM DRAIN o (TX REG.F-1114) Fw F J a k -- ---------- - - '�W�EST_BQW(E STR EET BEG1� PR/VA TE 8" N TAY 0+00 M"ROW) — C, M/Sc. f!nl--NI 7II + 6.194 kJ// E I N 4 (PODA J�H T SE 4 F 4&5A 4 /V 6 "Ifft Ze z -bl E 232101& SS B ----- EX SS) S FA V+66.99-- S ENCROAtt j-11RAINA GE—EA-M-ME 11-09f l N 8-242 ?91 PROPOSi Q 8 z i E 2321001 49 SANITARr SEWER (SEE—EX147577�A2—b) EX 6 S§-TO—BE rED -j -7- 6"SS U) A, V U R c� _4 L ------- PROPOSED SEWER PIPE: 20 L.F. BUILDING PAGE 5 OF 7 0 �ZFDUNAWAY EXHIBIT A-2a 0 40 80 I SM Baley Avenue-Suite 400-Fort Worth,Texas 76107 HYATT PLACE 1 9 Tel:81 7—W.1 121 PRIVATE SANITARY SEWER (TXREG.F-1114) SCALE:1"=40 ft. PROFILE SCALE l l 1 HORIZ: 1"=40' VE RT: 1"=4' PROPOSEO GRAmE O CL OF Plpl E { i 635 ExIsnN GROUND I ' ® CL O P/PE 630 / 1 z / } STA = 0+76.99 BOTTOM OF PIPE 627.06 l { N { 625 '/ } STA = 0+76.99 !I I TOP OF PIPE = 625.03 s PROP. PRIVATE } I J 6" PW SOR-35 620 X. PUBLIC 78' RCP N { / oei EX- 60 SS TO ic o / / V } ABANONDED BY CPW s 615 s' ` / I e EX 16" SS TO BE / { { ABANONDED BY CFIV W I I LL 610 P EASE EMENT{ a " 608 0 0+50 1+00 1+50 PAGE 6OF7 Z D U N AWAY EXHIBIT A-2b 550 Bailey Avenue.suite 4000•Fort worth,Texas 76107 HYATT PLACE Tel:sli—W.112' PRIVATE SANITARY SEWER o (TX REG.F-1114) d �,V -- - - - - - - - - - - -WEST STREET - - - - - - - - - - - - - - - - - - - (q /ROW) d- --L-A 7/1 15 00 Li 0400 F+00 2+00 PROPOSED 4** IRRI TION & 4 ELECITH IG -SLEE 7- ------------ ri 7 d IRRIGATION SLEEVE: 19 L.F. < ELECTRIC SLEEVE: 19 L.F. PROPOSED PAGE 7 OF 7 o BUILDING 0 EXHIBIT A-3 9 DUNAWAAAAAAAA HYATT PLACE 0 40 so 550 Bailey Avenue-Suite 400-W worth,Texas 76107 PRIVATE IRRIGATION & Tel:81 7M5.1121 (TX REG.F-1114) ELECTRIC SLEEVES SCALE:1"=40 ft. EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 12/2018 Exhibit B ® DATE(MM/DD/YYYY)AC� AC� CERTIFICATE OF LIABILITY INSURANCE 7n0/2019 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). PRODUCER CONTACT NAME: Caitlin Knoll Arthur J. Gallagher Risk Management Services, Inc. PHONE 512-652-2445 ac No:225-292-3893 9442 Capital of Texas Highway North EUVC,-MAINo,L Suite 950 ADDRESS: caitlin_knolf@ajg.com Austin TX 78759 INSURERS AFFORDING COVERAGE NAIC# INSURER A:United Educators Ins 10020 INSURED INSURER B: Texas Christian University TCU Box 297110 INSURER C Fort Worth, TX 76129 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1640373071 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 ADDLTYPE OF INSURANCE JhM SUBR POLICY NUMBER MMIDDIYYYY MM POLICY EFF POLICY EXP LTR I DDIIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY D66-OOM 6/1/2019 6/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE F OCCUR DAMAGE TO RENTED 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 PRO- X POLICY LOC PRODUCTS-COMP/OPAGG $Included JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident is UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fart Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning&Development-CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN 19-00007 200 Texas Street Fort Worth,Texas 76102 jAUTHORIZED /REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 13 of 13 Revised 12/2018 J / �.w.«WEST @ E STREET UNE SEGMENTS SEGMENT LENGTH BEAR/NG/DELTA i- o 1 L 1 131.73 S55'05' 431E l ! S LOn Rit -- L2 6.46 S44' 18'06 E PR CT L3 23.SS SO'01'21E k HE S — L5 142.90 S77'56' 171E L6 24.38 N90'00'00 E z l l l v I cc) 3 — I PROPOSED 4 m G� BUILDING a j m m I! I I c � i m rt a II .< LL CO WEST BERRY STREET i (t nn-ROW) N N II PAGE IOF4 9 DuNAWAY EXHIBIT C-1a 0 100 200 M Bailey Avenue 1 Sulte 400 1 Fort Worth,Texas 76107 METES AND BOUNDS r Tel:817.3M.1121 a (TX REG.F-1114) SCALE:V=100 ft. k a STREET L22 I -— LINE SEGMENTS SEGMENT LENGTH BEARING/DELTA o I ! L21 1.36.22 S72'45' 10-E ! L ! ! L22 20.00 S55'08'00 E BL 23 I/ PRO CT HEiGHrs o �, s� PROPOSED m BUILDING m 15 10 e I I umi z �— II LLm , . I � ��WEST BERRY S.xEET 11W ROW) o I N 1 N II PAGE 2OF4 D U N AWAY EXHIBIT C-lb 0 100 Zoo 550 Batley Avenue•Sulte 400•Fort worth,Texas 76107 METES AND BOUNDS Tel:817.335.1121 (TX REG.F-1114) SCALE:1"-�100 ft. a II 'rWESLff STREET •. I l` �� L31 �' I e L3' - ' j! R/G I IILEW UNE SEGMENTS SEGMENT LENGTH BEAR/NG/DELTA 0 1 � !I L28 134.91 S67'35'41 E L _ ('i L29 0.74 N89'53'381E PR j 4 L30 6.18 N89'53'381E HE S - L31 9.07 S83'59'S5 E ru L32 11.26 SO' 15' 12-W m // > hI III 3 0 3II I a w ' PROPOSED A m /j/ -- — _ BUILDING m m 0 I I ( W Z F I I a LL Co i.e II ' WEST BERRY STREET i I l moo-Rows I o I - - - -f PAGE 3OF4 � I qAw DUNAWAY EXH I BIT C-lc 0 100 Zoo 550 Bailey Avenue 1 Suite 400 1 Fort WartK Texas 76107 METES AND BOUNDS Tel:817.335.1121 (1X REG.F-1114) F'Lu SCALE:1"=100 ft. J a SD 1 SS 1 BEING a 50.34 foot centerline of storm drain and 9 square foot inlet situated In Lot 1R, Block 25, Prospect BEING a 20.00 foot centerline of sanitary sewer, situated Heights, an addition to the City of Fort North, Tarrant in Lot iR, Block 23, Prospect Heights on addition to the County, Texos sold centerline being more particularly City of Fort Worth, Torrent County, Texos sold centerline described by metes and bounds as follows; being more particularly described by metes and bounds as follows• COMMENCING at a Iron pin found at the northwest comer of Lot 1R, Block 25, Prospect Heights COMMENCING at a Iron pin found at the northwest comer of Lot 1R, Block 25, Prospect Heights THENCE South 550543'East, 151.75 feet to the POINT k OF BEGINNING (DRAINAGE EASEMENT). THENCE North 7245*10'East 138.22 feet to the POINT I OF BEGINNING (DRAINAGE EASEMENT); (HENCE'South 4478'06'East, 6.46 feet to a point• THENCE South 55108 00'East 20.00 feet to the POINT THENCE South 001'21'East 23.88 feet to the POINT OF OF ENDING (DRAINAGE EASEMENT); ENDING (DRA/NAGS EASEMENT); SD 2 BEING a 24.38 foot centerline of storm drain, situated In IRRIGA77ON AND ELECTRIC SLEEVES Lot 1R, Block 25, Prospect Heights an addition to the City of Fort Worth, Tarrant County, Texas said centerdne BEING a 14a27 foot centerline of sanitary sewer, situated being more particularly described by metes and bounds as In Lot iR, Black 25, Prospect Heights an addltlon to the follows; City of Fort Worth, Tarrant County, Texos sold centerline being more particularly described by metes and bounds as COMMENCING at a Iron pin found at the northwest comer follows; of Lot 1R, Block 25, Prospect Heights COMMENCING at a Iran pin found at the northwest comer a THENCE South 7756'17'East, 142.90 feet to POINT OF of Lot iR, Block 25, Prospect Heights, BEGINNING (DRAINAGE EASEMENT); :D THENCE South 6755'41'East, 134.91 feet to the POINT m THENCE North 9000'00'East 24.38 feet to the POINT OF BEGINNING (DRAINAGE EASEMENT); o OF ENDING (DRAINAGE EASEMENT); < THENCE North 895338'East 6.92 feet to a point being the and of these conduits; THENCE South 835955'East 9.07 feet to a point abeginning new conduits; L v THENCE South 075'12' West 11.26 feet to the POINT OF N ENDING (DRAINAGE EASEMENT); 0 0 o+ Y1 a L a 3 G g a' a m g g c _n o x W J LL Q P F Q T O N n O A f PAGE 4OF4 DUNAWAY EXHIBIT C-1e I 5W Bailey Avenue.suite 400•Port worth,Texas 76107 METES AND BOUNDS m Tel:917-W.1121 o (TX REG,F-1114) J a