HomeMy WebLinkAboutContract 53441 (2) 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, and FORT WORTH EVERMAN/RISINGER
DEVELOPMENT, LLC, a limited liability company ("Licensee"), owner of the real
property located at 229 W. Everman Parkway, Fort Worth, Texas 76140 ("Property"),
acting by and through its duly authorized representative.
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, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a sanitary sewer 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 the Licensee,the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by 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 private storm drain crossing a public
sanitary sewer facility (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.
Easement Encroachment Agreement-Commercial ��'� K11 .
4 IR i
ET WORTH,11
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 sanitary sewer improvements 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
sanitary sewer 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 Easement at any time for the
purpose of installing, repairing, replacing, or maintaining improvements to its public
sanitary sewer facilities necessary for the health, safety, and welfare of the public. The
City shall bear no responsibility or liability for any damage or disruption or other adverse
consequences resulting from the Encroachment installed by Licensee(except when caused
by the City's sole negligence), provided, the City (i)for the initial installation and for
subsequent replacements for which construction plans are required, gives Licensee notice
pursuant to Section 8 and a reasonable opportunity to review the plans and specifications
prior to commencement of construction; (ii) gives Licensee reasonable notice of intent to
perform work within the Easement, except in emergencies where such notice is not
feasible; and(iii)makes reasonable efforts to minimize such damage.
Easement Encroachment Agreement-Commercial Page 2 of 13
Revised 12/2018
5.
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 that if this Agreement terminates
and Licensee fails to remove the Encroachment as directed and restore the Easement,
Licensee hereby gives 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 Initial Term of this Agreement shall be for thirty (30) years, commencing on
the date this Agreement is executed by the City. Upon expiration of the Initial Term, the
Agreement shall renew automatically under the same terms and conditions for two (2)
additional thirty(30)-year renewal periods unless terminated earlier in accordance with this
Agreement. 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.
Any notices, certifications, approvals, or other communications required to be
given by one Party to another under this Agreement(a"Notice") shall be given in writing
addressed to the Party to be notified at the address set forth below and shall be deemed
given: (i)when the Notice is delivered in person to the person to whose attention the Notice
is addressed; (ii) when received if the Notice is deposited in the United States Mail,
certified or registered mail, return receipt requested, postage prepaid; or (iii) when the
Notice is delivered by Federal Express, UPS, or another nationally recognized courier
service with evidence of delivery signed by any person at the delivery address.If any dated
or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the
Easement Encroachment Agreement-Commercial Page 3 of 13
Revised 12/2018
applicable period for calculating notice shall be extended to the first business day following
the Saturday, Sunday, or legal holiday.For the purpose of giving any Notice,the addresses
of the Parties are set forth below. The Parties may change the address set forth below by
sending Notice of such changes to the other Party as provided in this section.
To the City:
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: City Manager
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: Water Director
(Notice to Building Official required for notice of cancellation or amendment of
insurance policy under Section 10 only)
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: Building Official
To Licensee:
Fort Worth Everman/Risinger Development,LLC
131 E. Exchange Avenue, Suite 212
Fort Worth, Texas 76164
Attn: Kyle Valley
With a copy to:
Pope,Hardwicke, Christie, Schell, Kelly &Taplett, L.L.P.
500 West Vh Street, Suite 600
Fort Worth, Texas 76102
Attn: Marcella Olson
Easement Encroachment Agreement-Commercial Page 4 of 13
Revised 12/2018
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, EXCEPT THAT THE INDEMNITY PROVIDED FOR
IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS,
EMPLOYEES,OR CONTRACTORS; 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 the Easement 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 in accordance with City's generally applicable,
commercially reasonable requirements 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.
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
Easement Encroachment Agreement-Commercial Page 5 of 13
Revised 12/2018
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 6 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. 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 sixty (60) days of such foreclosure or assignment and
assumes all of Licensee's 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.
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 7 of 13
Revised 12/2018
City: Licensee:
CITY OF FORT WORTH FORT WORTH EVERMAN/RISINGER
DEVELOPMENT,LLC,
a Texas limited liability company
By: Majestic—Everman Investor,LLC,
a Delaware limited liability company,
its Managing Member
By: Majestic Realty Co.,
a California corporation,
Manager's Agent
0
By: dBy: ,
Randle Har ,A— ctor Name:
Planning & Dev lopment Title: "t sn
ed Chairman of the Board
Date: Date: 2/to
ATTEST: Approved As To Form and Legality
� F®l.r
City Secre , .• :O •.. a y
Assistant City Attorney
U: .3:;,
�*• •str
t
.F
`ate, 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.
Janie S. Morales
Development Manager
Easement Encroachment Agreement-Commercial OFFICIAL RECORD
FT. WORTHp TX
0
141
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
�"&Pa _, 2020.
APAAII&',� 'WAIJ L
JENNIFER LOUISE EZERNACK
T)ar y Publi in and fo the State of Texas 2:�7 Notary Public,State of Texas
+Pc Comm.Expires 03-01-2024
�`� Notary ID 130561630
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
FFT. WORTH
RECORD
ETARY'
Easement Encroachment Agreement-Commercial 0 1
evi
SjEr ATTANE:D
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
BEFORE ME, the undersigned uthority, a Notary Public in and for the State of
California, on this day personally a eared , known to me
to be the same person whos name is subscribed to the foregoing instrument, and
acknowledged to me that th same was the act of
and that he/she execute a same as the act of said
the purposes and con eration therein expressed and in the capacity therein stated.
GIVEN UNDER Y HAND AND SEAL OF OFFICE this day of
,2020.
Notary Public in and for the State of California
OFFICIA��p.��RECORD
Easement Encroachment Agreement-Commercial iARY
Reese M"TX
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles )
On January 2nd, 2020 before me, Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(6)whose name(6) is/afe
subscribed to the within instrument and acknowledged to me that he/& eM4ey executed the same in
his/"eAhe#authorized capacity(4es), and that by his/"ems signature(&)on the instrument the
person(6), or the entity upon behalf of which the person(6) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m hand and official seal. DANIELLA NOEL GARCIA
Y Notary Public -California
Zr Los Angeles County z
Z Commission # 2160178
My Comm. Expires Jul 17,2020
Signature. (Seal)
P
' TAM
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 11 of 13
Revised 12/2018
Exhibit A
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VICINITY MAP KimleyHorn
I Noam
I NATIONAL CAN
CORPORATION ADDITION GRAPHIC SCALE IN FEET
I (VOL.388-68,PG.8) 0 1�00 200 400
PAT F
F RT WCRTHIE RMAN ———
RISINGER DEVELOPMENT,LLC
({IN jST.f NO.D217118440) LOT 1, BLOCK 1
III(IIIIIIIIIIIIIIIII�IIIIIIII(I((II PA(VOL.388 76 PG 2 O. 1
PROP.8"PUBLIC SSWR LINE(X-102283)
40'SANITARY SEWER EASEMENT EX.48"PRIVATE STORM LINE(X-24272)
(INST.NO.
5} PROPOSED 29x40'
! 4 ENCROACHMENT -
PART OF ( I f PART OF
FORT WORTH EVERMAN/ r ' I + LOT 1 R-1,BLOCK 1 "
RISINGER DEVELOPMENT,LLC I I I LONE STAR SUBDIVISION
f (INST.NO.D217118440) I i (VOL.388-123,PG.58)
REMAINDER OF
` LOT 1R-1,BLOCK 1 LONE STAR SUBDIVISION
I I VOL.388-123 PG.58 P.R.T.C.T.
LOCATION MAP AND ENCROACHMENT LIMITS FVJmley)))Horn
. _ _ , ----------
PART OF
FORT WORTH EVERMAN/
INSTALL: RISINGER DEVELOPMENT,LLC -
1-4'SSWR MH PER COFW (INST.NO.D217118440) STA:19+27.90 PUBLIC SSWR LINE A
INSTALL:
STANDARD DETAILS ———————- 1-4'DROP MANHOLE �t \
RIM:732.00 —
"�-
WITH CORROSION PROTECTION
FL 8":724.95
PER CITY STANDARDS �—II
INSTALL ZO LF 8'PVC \ RIM:733.28
_ FL 8":717.68 ——
I PIPE @ 1.00% —— ——\\—— FL 8":715.73
STA:17+30 PUBLIC SSWR LINE A — ——
INSTALL: -
1-4'DROP MANHOLE _ —
WITH CORROSION PROTECTION i PROPOSED 40'PUBLIC N
t PER CITY STANDARDS SANITARY SEWER EASEMENT _ N
RIM:731.77 -(BY SEPARATE INSTRUMENT)
FL 8':714.93 —
FL 8":724.75
FL 8"•714.73
m � 1 �,3 ®8+0o a BLI LINE M 9
480 LF OF 8"PVC®0.40% ? 1 DIJQ 0.40% ,\ ADO
+ 'Yt�--T ---- A— -----
i
f� PROPOSED ENCROACHMENT
- ----'----------- —/ vv 1111 o cv� lr
_ — -,__ �,^/y n n n n n n n n n n �
—724 — H
3 ———————————————
723 -- _—_ \
---721
�7�_ -
�; ______=_ ——718————— _ I PROPOSED PRIVATE STORM LINE —
717--------
a GRAPHIC SCALE IN FEET
11 0 20 40 80
1 ENCROACHMENT PLAN VIEW >#Horn
0 N 740
a I I¢
0 0
EXISTING G E v v 735
w w
a
I
PRC POSED GRADE
� AT CL OF PIPE STA:18+Q.79
RIVA STORM CROS SING-A720
TA STANDARD
CITY OF FORT ATE
�y WORTH TRENCH WR
D006 WATER STOP
715
t NSTALL CEMENT STAE ILIZED I
ACKFILL PER CITY O FORT �V 710
] O N C6 4 7 mto m
1� l7 t7 l� (7 t�1 -!tt. V 'Q Q N �lj t�[F`j 1t.1 h
y� LL LL LL LL LL LL LL LL k LL LL LL 705
i 13+00 14+00 15+00 16+00 17+00 18+00 19+00 19+50
PUBLIC SSWR LINE A
HORIZONTAL SCALE: 1"=80'
VERTICAL SCALE:
ENCROACHMENT PROFILE VIEW KiMley*H
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 12 of 13
Revised 12/2018
Exhibit B
AC® DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 01/02/2020
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 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 endorsements.
PRODUCER CONTACT
NAME:
Aon Risk Solutions PHONE 630-3200 F
A/C No Ext: (213) A!C No
Aon Risk Insurance Services West,Inc. E-MAIL
ADDRESS:
707 Wilshire Blvd.,Suite 2600 INSURER(S)AFFORDING COVERAGE NAIC S
Los Angeles CA 90017 INSURER A: Federal Insurance Company 20281
INSURED INSURER B: Landmark American Insurance Company 33138
Fort Worth Everrnan/Risinger Development,LLC& Everest National Insurance Company 10120
ENSURER C: P Y
Commerce Construction Co.,L.P.Go Majestic Realty Co.
INSURER D:
131 E.Exchange Avenue,Suite 235 INSURER E:
Fort Worth TX 76164 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY 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.
TR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD MM/DD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
COMMERCIAL GENERAL LIABILITY
PREMISES Ea occurrence $ 1,000,000
'.CLAIMS-MADE ®OCCUR MED EXP(Any one person) $ 10,000
A Contractual Liability 35333657 12/13/19 12/13/20 PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000
POLICY ECTOJ LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMrr-
1,000,000
(Ea accident) $
ANYAUTO BODILY INJURY(Per person) $
ALLOWNED SCHEDULED
q _
AUTOS AUTOS BODILY INJURY(Per accident) $
HIREDAUTOS NON-OWNED 73224980 12/13/19 12/13/20 PROFERTYDAMAGE
_,_ AUTOS (Per accident) $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000
B EXCESS LIAB j CLAIMS-MADE LHA248443 12/13/19 12/13/20 AGGREGATE $ 5,000,000
DIED RETENTION $ 10,000 $
WORKERS COMPENSATION AND TORS LIMITS T
EMPLOYERS'LIABILITY Y I N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,0 00
C OFFICER/MEMBEREXCLUDED? N NIA CA10001525191 04/01/19 04/1/20
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe order
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE: Encroachment Agreement:PN19-00122-see attached Easement Encroachment Legal Description.City of Fort Worth, Planning&Development-CFA Office is
included as Additional Insured (excluding Workers Compensation and Employers Liability) per the attached Blanket Additional Insured Endorsement#80-02-2367 as
required by written contract but limited to the operations of the Insured under said contract and always subject to the policy terms,conditions and exclusions.30 day notice
of cancellation endorsement#80-02-9780 is attached.Terrorism is included.
CERTIFICATE HOLDER CANCELLATION
City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Planning&Development-CFA Office THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
PN19-00122 ACCORDANCE WITH THE POLICY PROVISIONS.
200 Texas Street
AUTHORIZED REPRESENTATIVE
Fort Worth TX 76102 Aon Risk Solutions/Aon Risk Insurance Services West,Inc.
01988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
Liability Insurance
Endorsement
Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020
Effective Date DECEMBER 13,2019
Policy Number 3533-36-57 LAO
Insured MAJESTIC REALTY CO
Name of Company FEDERAL INSURANCE COMPANY
Date Issued NOVEMBER 27,2019
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Is An Insured,the following provision is added
Who Is An Insured
Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by
Or Organization this policy.
However,the person or organization is an insured only:
• if and then only to the extent the person or organization is described in the Schedule;
• to the extent such contract or agreement requires the person or organization to be afforded
status as an insured;
• for activities that did not occur,in whole or in part,before the execution of the contract or
agreement;and
• with respect to damages,loss,cost or expense for injury or damage to which this insurance
applies.
No person or organization is an insured under this provision:
• that is more specifically identified under any other provision of the Who Is An Insured
section(regardless of any limitation applicable thereto).
• with respect to any assumption of liability(of another person or organization)by them in a
contract or agreement.This limitation does not apply to the liability for damages,loss,cost or
expense for injury or damage,to which this insurance applies,that the person or organization
would have in the absence of such contract or agreement.
Liability Insurance Additional Insured-Scheduled Person Or Organization continued
Form 80-02-2367(Rev.5-07) Endorsement Page 1
Liability Endorsement
(continued)
Under Conditions,the following provision is added to the condition titled Other Insurance.
Conditions
Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization
Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case
Insurance— Scheduled this insurance is primary and we will not seek contribution from insurance available to such person
Person Or Organization or organization.
Schedule
Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with
such insurance as is afforded by this policy.
PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED,PURSUANT
TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON
OR ORGANIZATION,TO PROVIDE WITH SUCH INSURANCE AS IS
AFFORDED BY THIS POLICY;BUT THEY ARE INSUREDS ONLY IF AND
TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT
REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS
AS INSURED.
HOWEVER,NO PERSON OR ORGANIZATION IA AN INSURED UNDER THIS
PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY
OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS
POLICY(REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).
All other terms and conditions remain unchanged.
Authorized Representative Q—Osx�
Liability Insurance Additional Insured-Scheduled Person Or Organization last page
Form 80-02-2367(Rev.5-07) Endorsement Page 2
CHUBB'
Policy Conditions
Endorsement
Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020
Effective Date DECEMBER 13,2019
Policy Number 3533-36-57 LAO
Insured MAJESTIC REALTY CO
Name of Company FEDERAL INSURANCE COMPANY
Date Issued DECEMBER 9,2019
This Endorsement applies to the following forms:
COMMON POLICY CONDITIONS
Under Who Is An Insured,the following provision is added.
Conditions
Notice of Cancellation When we cancel this policy we will notify person(s)or organizations(s)shown in the Schedule
To Scheduled Persons at least 30 days(10 days in the event of nonpayment of premium)in advance of the
Or Organizations When cancellation date.
We Cancel
Any failure by us to notify such person(s)or organization(s)will not:
impose any liability or obligation of any kind upon us;or
invalidate such cancellation.
Schedule
Person(s)or Organization(s):
City of Fort Worth
Planning and Development-CFA Office
PN19-00122
200 Texas Street
Fort Worth,TX 76102
Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations continued
Form 60-02-9780(Ed.3-11) Endorsement Page 1
CHUBB`
Conditions
(continued)
All other terms and conditions remain unchanged.
AW+orized RepresentaM
Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations last page
Form 80-02-9780(Ed.3-1 f) Endorsement Page 2
EXHIBIT C
Metes and Bounds Legal Description of the Property
Easement Encroachment Agreement-Commercial Page 13 of 13
Revised 12/2018
exhibit C
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 800 square foot(0.0184 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City
of Fort Worth,Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to
Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County,Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an
addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of
Tarrant County,Texas;
THENCE North 0e20'38"West, along the west line of said Lot 1, a distance of 58.28 feet to a point for corner; from
said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a
distance of 217.30 feet;
THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 100.02 to a point for corner;
THENCE South 0e26'51"East, a distance of 75.50 feet to the POINT OF BEGINNING;
THENCE South 0e26'51"East, a distance of 20.00 feet to a point for comer,
THENCE South 89e33'09"West, a distance of 40.00 feet to a point for corner;
THENCE North 0e26'51"West, a distance of 20.00 feet to a point for corner:
THENCE North 89e33'09" East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square
feet or 0.0184 acres of land.
NOTES:
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment tract.
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
OF T ABSTRACT NO. 1449
"MICHAEL C. BILLINGSLEY �:' �':S CITY OF FORT WORTH,
REGISTERED PROFESSIONAL *'
................................ TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, .... .......................
UNIT 11 SUITE 1300 •.,0 6558 �: Ki!p1g >>> Horn
FORT WORTH, TEXAS 76102 �9N�FizSS����•o
PH. 817-335-6511 S U R Ey Fort Cherry rth,T xas 6102 FIRM a 10194040 T�.kimley homscom'
michael.billingsley@kimley-hom.com Scale I Dram bv I Checked by I Dale I Proiect No. Sheet No.
WA JBH Me 10/9/2019 1 061282615 1OF2
HOPPER,eRADIN 10/9/2019 5:38 PM K:\FTW_SURVEY\061282615-FORT WORTH SOUTH-WATTS\DWG\061282615-FORT WORTH SOUTH-WATTS_EX_ESMT ENCR.DWG
LEGEND ------
P.O.C.=POINT OF COMMENCING 5/8"IRFC"CARTER&BURGESS"(C.M.) NORTH
P.O.B.=POINT OF BEGINNING I
IRF-IRON ROD FOUND
IRFC=IRON ROD WITH CAP FOUND
C.M.=CONTROLL►NG MONUMENT
I 0 30 60
IGRAPHIC SCALE IN FEET
0
LINE TABLE �I
N
NO. BEARING LENGTHI
PART OF L1 S00°26'51"E 20.00'
FORT WORTH EVERMAN/
RISINGER DEVELOPMENT, LLC L2 S89°33'09"W 40.00' zl LOT 1, BLOCK 1
(INST. NO. D217118440) L3 N00.26'51"W 20.00' PAYLESS
I L4 N89°33'09"E 40.00' CASHWAYS NO. 1(VOL. 388-76, PG. 24)
S89°33'09"W 100.02•
I �
PROPOSED FUTURE I to i NO°20'38'W
40•SANITARY SEWER EASEMENT =I 58.28'
(BY SEPARATE INSTRUMENT) I wI 1/2"IRF(C.M.)
LO
I `°I
I coI P.O.B.
I L4 ------------
P.O.C.
PART OF
L2 I LOT 1 R-1, BLOCK 1
I LONE STAR SUBDIVISION
0.0184 ACRES I I I 800 SQ. FT. I (VOL. 388-123, PG. 58)
I
NOTES:
I � ,
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
EASEMENT ENCROACHMENT
OF JAMES J. SCOTT SURVEY,
- • /e ti ,gyp ..............TFy ABSTRACT NO. 1449
ICHAEL C. BILLINGSLEY CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
LAND SURVEYOR N0.6558 "..'•"'•"•"•••""... ••• TARRANT COUNTY, TEXAS
MICHAEL CLEO BILLINGSLEY
` "�801 CHERRY STREET, ...1:
UNIT 11 SUITE 1300 '• ,0 6558 �:� Kimle, >> Horn
FORT WORTH, TEXAS 76102 ���FESS\0 o
y• •'••......••' y 801 Cherry Sheaf,Unit 11.#1300 Tel.No.(817)335-6511
PH. 817-335-6511 S U R l•'� Fort Worth,Tom 76102 FIRM#10194040 ~Aimley-hom.com
michael.billingsley@kimley-hom.com Scate I Drawn by I Checked by Date I ProiedNo. Sheet No.
I"-60' JBH MCB 1 10/9/2019 1 061282615 2 OF 2
HOPPER,BRADIN 10/9/2019 5:39 PM K:\FTW_SURVEY\061282615-FORT WORTH SOUTH-WATTS\DWG\061282615-FORT WORTH SOUTH-WATTS_EX_ESMT ENCR.DWG