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HomeMy WebLinkAboutContract 46836-CA1 Date Reodved: May 7,2020 :City Secretary Time Received: 8:41 AM Number: 46836-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No.46836 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment') is made and entered into as of this 5th day of May ,2020__, by and between the.CITY OF FORT WORTH, a Texas home-rule municipal corporation ("Ct''), 807 Heights Drive, LP,a Texas Limited Partnership in dissolution("Assignor"),and S2 Oakland Hills LP,a Texas Limited Partnership ("Assi ee'). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party"or collectively as the"Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement,City Secretary Contract No.46836(the"Encroachment Agreement'),on the 10th day of July,2015,with Assignor,the owner of certain real property more particularly described in the attached Legal Description(the "Property')located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the"Improvements"; WHEREAS, the Encroachment Agreement was recorded the 17th day of July, 2015, as Instrument No.D215157207 in the Real Property Records of Tarrant County,Texas; WHEREAS,Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW,THEREFORE,for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns,- transfers, and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights,duties,and obligations arising under the Encroachment Agreement. 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Encroachment Assignment Agreement Pa 1 of 7� � T Rev DIAL RECOKV CIT SECRETARY FT. WORTH,TX Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein,and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor 807 Heights Drive,LP 5214 68t'Street,Suite 402 Lubbock,Texas 74924 Assignee S2 Oakland Hills,LP 5950 Berkshire Ln.,Suite 1300 Dallas,Texas 75225 Encroachment Assignment Agreement Page 2 of 7 Rev 04/2020 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as"Exhibit B,Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of 7 Rev 04/2020 ASSIGNOR ASSIGNEE: 807 Heights Drive,LP S2 Oakland Hills,LP a Texas Limited Partnership a Texas Limited Partnership By:S2 Oakland Hills GP,LLC By: 80 Hei ro ,LLC By:Alton Smith By:Scott Everett Member of General Partner Manager STATE OF Te%q.S § COUNTY OF Lv Woo e k § This instrument was acknowledged before me by Alton Smith,as the Member of General Partner of 807 Hei vh s D ' [�y�,, d Partnership,on behalf of said limited liability company. Lisa Carol Swearengen My Cornrmssor Expires t v1 No 52 ID No 5208303 Wtary Public,StaL-of Texas OF [NOTARIAL SEAL] STATE OF § COUNTY OF § This instrument was acknowledged before me by Scott Everett, as the Manager of the General Partner of S2 Oakland Hills, LP, a Texas Limited Partnership, on behalf of said limited liability company. Notary Public,State of Texas [NOTARIAL SEAL] Encroachment Assignment Agreement Page 4 of 7 Rev 04/2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX ASSIGNOR: ASSIGNEE: 807 Heights Drive,LP S2 Oakland Hills,LP a Texas Limited Partnership a Texas Limited Partnership By:S2 Oakland Hills GP,LLC By: 807 Heights Group,LLC By. Alton Smith verett Member of General Partner Manager STATE OF § COUNTY OF § This instrument was acknowledged before me by Alton Smith,as the Member of General Partner of 807 Heights Drive,LP,a Texas Limited Partnership,on behalf of said limited liability company. Notary Public,State of Texas [NOTARIAL SEAL) STATE OF 4, COUNTY OF ->JJJVl" § This instrument was acknowledged before me by Scott Everett, as the Manager of the General Partner of S2 Oakland Hills, LP, a Texas Limited Partnership, on behalf of said limited liability company. +�►"Y°�s BRITTANY NIC.O. ONES `.-- Notary ID# 72 My commis;ipri' 'Apires Notary Public,State Tex ar June 5,'21l22 - [NOTARIAL SEAL] Encroachment Assignment Agreement Page 4 of 7 Rev 04/202t 1CIAL RECORD CITY SECRETARY FT. WORTH,TX APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: M�f Murr�v Matt Murray(May 6,2020) DJ Ha (May6,2020) FWBC Sec.3210 Df Harrell,Interim Director Matthew A.Murray,Assistant City Attorney Development Services Department City Attorney's Office Date: May 6,2020 Date: May 6, 2020 ATTEST: U ' Mary Kayser,City Secretary ......j( f� City Secretary's Office : . - F [No M&C Required] Contract Compliance Specialist: 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. Eveyn obMsan behalf ai(uq 5,2030 Janie S. Morales Development Services Manager STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on May 6 2020 by DJ Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort Worth,a Texas municipal corporation on behalf of the City of Fort Worth. LAURIE PEQUENO LEWIS LAURIE Digitally sOLEWigned yLAURIE CPRY p PEQUEN LEWIS = a�% Notary Public PEQUENO LEWIS Date:2020.05.06 15:06:25-05'00' * * STATE OF TEXAS Notary Public,State of Texas Notary I.D. 132278952 OF My Comm. Exp. Dec. 10, 2023 -— ----- i Encroachment Assignment Agreement Page 5 c f 7., r� { Rev 04/ 0l8'� �1ef".`'�d1F' tl Cc 6 4 I EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 6 of 7 Rev 04/2020 Page 1 of 17 CITY SECMAW EXHIBIT A ' !)NTRACT NO. 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 Planning and Development Director, and 807 HEIGHTS DRIVE, LP, hereinafter referred to as "Licensee", owner of the property located at 807 Heights Drive,Fort Worth, Texas("Property"). RECITALS WHEREAS,Licensee is the owner of certain real property described as Block IR and ZR, Woodhaven Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. or Volume and Page No. 388-125/93 of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 40 foot wide Utility Easement easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A"and incorporated herein;and WHEREAS, Licensee desires to construct/place and maintain a monument sign which will be used for identification of the property from the street (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon;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 the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A for the purpose of constructing and installing a monument sign (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any 2014 Easement Encroachment Agreement-Commercial Page 1 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 1 Of 17 Page 2 of 17 and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s)attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance 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 of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the Director. 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 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 for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment 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 Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department of the City, or his duly authorized representative. 2014 Easement Encroachment Agreement-Cormnercial Page 2 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 2 Of 17 Page 3 of 17 4. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty Five Dollars($325.00). 5. The term of this Agreement shall be for thirty(30)years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however,this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is further understood and agreed upon between the parties hereto that the easements to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the easement as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the 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 right of way to be used for any other public purpose,that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose,whether presently contemplated or not,that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 2014 Easement Encroachment Agreement-Commercial Page 3 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 3 Of 17 Page 4 of 17 OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS 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. 8. 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 the following: $1 000 000 Commercial General Liability ty with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit"B". Licensee agrees to submit 2014 Easement Encroachment Agreement-Commercial Page 4 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 4 Of 17 Page 5 of 17 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 city streets. All insurance coverage required herein shall include coverage of all Licensees' contractors. 9. 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 Encroachment on Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 10. 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 said Encroachment and uses. 11. 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. 2014 Easement Encroachment Agreement-Commercial Page 5 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 5 Of 17 Page 6 of 17 12. 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. 13. 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 described 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 permission before occupying such property. 14. 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. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 2014 Easement Encroachment Agreement-Commercial Page 6 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 6 Of 17 Page 7 of 17 1.6. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City Planning and Development Director, and any attempted assignment without such written approval should be void. 17. 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. 18. This agreement shall be binding upon the parties hereto,their successors and assigns. EXECUTED this&eday of 201�G. cityLicensee:cen e. City of Fort WArth 807Heights Drive,LP Ry By: Randle H rwood,Dir for Name: Planning and Development Title: NO ht&C REQUIRED ATTEST: f Of?j` Approved As To Form and Legality 00000 d..o oyD g �xO r City Se F°°°°°°°p0 Assistant City Attorney E'XAS 2014 Easement Encroachment Agreement-Commercial Page 7 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 7 Of 17 Page 8 of 17 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas, on this day personally appeared Randle Harwood,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed,as the act and deed of the City of Fort Worth, and in the capacity therein stated. _,_'CAV UNDE D AND SEAL OF OFFICE this day of K: 20 n CAS5ANDRA F.FOREMAN --_; Notary Public,State of T 3y Public in and for the State of Texas 3 My Commission Exoir "r'yNF April 26,2017 2014 Easement Encroachment Agreement-Commercial Page 8 of 9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 8 Of 17 Page 9 of 17 T 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 Alton R. Smith,Member, 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 807 Heights Drive,LP,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,20 IS . 9axpires:11-04-201171 9Notary Public in and for the VoMr)Pabbc: sra►e 11►re1a1 State of Texas 2014 Easement Encroachment Agreement-Commercial Page 9 of 9 -ACS/TRC- TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 9 Of 17 Page 10 of 17 O AD 0� E�' p •��� I�.� • ""goo E r rg S �R so n !IN E&E 1•� E P 11 *� 5a �� y E�§ � �9�a i ro , r�Y `.:r i1 �•�`:� � �° z e%"�� � � �� _ 'I �=��% .�` �- '+�`4 .�` OFF" �`�I"rS��� Y. •"- PD ll�� 9 a 3 is 3 1 jai gn Kcp \\_•"',��Q�s'I .� ,., m 22 HOW — �E3�pi ap � 3 �n lgf3-a g ; k( $ ang $ 3g s5 " a i H 3 °agg.e 3a YY aY a d H _ d Yn M H 1e d ^' y Q 1' s .E�, �� £a� � � cr4 5d Nil 1 4 ills!ys6g$ o it $ ¢ f��fd # HIM g r Y E : a a s $d esgd xrd E a� I U M. e a k �& 3 H U e e H M gg o! s € ���a� i f sffi � s ¢ 'x � �$'$� $see �� e9�#' %1 ��'ii € I I"c- gs � �g$� E g 1' tt 6 3 c�F #g( g @ g $F s[ 9 5 €i� d� 0 4zRio `- rn � 1 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 10 Of 17 g Page 11 of 17 fit if r a 1 A ak � t a ^ ,ice 94 mod.: ry N� � � t •+ �' � $\� �i `f qp is �# �� m� - { � Via% ,�'•,'it�. `'�'° � i�� _q T i �? # z R •, fJ - y '' r_ Tj_=:/ ,V S c ft f * ' tt r ^--- f3i #fz-q t c -lilt /" trr4jTqL I FJi}` j7 yy j r 7 x Q F o tI ( 1: # � a g +� � �• : !t= I r • t '! s # �� c t� __ _ �' f�1 7 5�'>k • �pEx 9 A# ��ixlu� r � a�' � � #t • i rf � [ j � �� dk 1 i i ���` � �3 i� �i � # `tt_I3t r`�Y� it { t I7) -ACS/TRC- TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 11 Of 17 Page 12 of 17 r 81 or 8 oe 9 V61 U 7t—T. 1� jz -22 t �=­ A A ;=n�n j"j Mu I in. Ifi na "PE r Ar", 11;1_wi€got 124 4 iiqlj 't T Z 1,i ax4ZZ Ut F PH W, m *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 12 Of 17 Page 13 of 17 C)0 0 O0�nn „ C N m '/�• m :rC u Z � r F v �a � 0 x 4�- D X 40, N O P P 3 x O m A V a N H N z �n� N Z ? 3 zc i 4 ry in D 0 c O 2 O O O O c A m N .t C a m O � v `' d NL # & si T0. 3L 91 $,'TitEdLs ff N V Iv D N ':may V�`A t, N O a *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 13 Of 17 Page 14 of 17 t 379' o � . 3e;' '"'dui Fm o rs mIlk MY ,� - •�' `fir,;. Or 10 �x m^ a *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 14 of 17 ^ Page 15 of 17 O;Kkl � l ® DATE(MM/DD/YWY) AC RO CERTIFICATE OF LIABILITY INSURANCE 5/21/2015 ' THIS CERTIFIdATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE)2TMCATE 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 endorsement(s). PRODUCER CONTACT Karen Pons NAME: Insgroup, Inc. PH�NEj. t: (713)541-7272 C.No:(713)772-5224 1455 W. Loop South, 9th Floor ADDRIESS:kponscoinsgroup.net INSURERS AFFORDING COVERAGE NAIC# Houston TX 77027 INSURERA:ASsociated Industries Insurance CO INSURED 807 Heights Drive, LP INSURERB:Federal Insurance Company 20281 Madera Residential, Ltd., etal INSURERC: 5214 68th Street INSURERD: INSURER E: Lubbock TX 7 9424-15 9 8 1 INSURERF: COVERAGES CERTIFICATE NUMBER:CL155169469 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. fLTR ADDLISUBRITYPE OF INSURANCE ThAn 1Wn POLICYNUMBER PMIDDIYYYY MMIDD EXP LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO R A CLAIMS-MADE 5_1 OCCUR PREMISES Ea occurrence $ 100,000 X $5,000 Ded Per Occ BI/PD AES1030602 4/28/2015 4/28/2016 MED EXP(Anyone person) $ Excluded X Including Terrorism PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO FXLDC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT X OTHER:$5XK Aggregate Cap Employee Benefits $ 1,000,0DO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS ASS1030602 4/28/2015 4/28/2016 BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LIAB I X OCCUR 79878176 4/26/2015 4/26/2 D16 EACH OCCURRENCE $ 25,000,000 B EXCESS LIAB CLAIMS-MADE Follows Form to Liability AGGREGATE $ 25,000,000 DED X RETENTION$ 10,000 Including Terrorism $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re: Oakland Hills Apartments - 807 Heights Dr - Fort Worth, TX 76112 (Sign Rehab) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Ft Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton St ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Henry Hochman/RNO2 � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSD9.r.ron�em� *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 15 Of 17 Page 16 of 17 tk yg7 891 v �p�s 8 Lg9 *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 16 Of 17 Page 17 of 17 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(817)884-1195 CITY OF FORT WORTH 1000 THROCKMORTON ST FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT& PLANNING DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 7/17/2015 1:50 PM Instrument#: D215157207 E 17 PGS $76.00 By: D215157207 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. *ACS/TRC* TARRANT Doc: 000157207 Date: 07/17/2015 Vol: 0000000 Page: 00000 Page: 17 Of 17 j EXHIBIT B,REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 7 of 7 Rev 04/2020 i i EXHIBIT B DATE(MM/DDIYYYY) A`ORO CERTIFICATE OF LIABILITY INSURANCE FE(MMI DIY 020 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: Cathey Insurance Services PHONE FAX an AssuredPartners Company AIC No Ext: 214-416-8680 A/C,No 8150 N. Central Expressway, Suite 1450 E-MAIL gcathey@catheyins.com Dallas TX 75206 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Liberty Surplus Ins Corp 10725 INSURED S2CPART-MA INSURER B:American Guarantee&Liability 26247 S2C Partners, LLC 5950 Berkshire Lane, Suite 1300 INSURERC: FEDERAL INS CO 20281 Corporate Office INSURER D Dallas TX 75225 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1864450508 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY 100029298002 5/15/2019 5/15/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $50,000 X $50,000 SIR/Occ MED EXP(Any one person) $Excluded X TRIA Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT PRO � LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Policy Aggregate $20,000,000 A AUTOMOBILE LIABILITY 100029298002 5/15/2019 5/15/2020 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR SXS 01485101 5/15/2019 5/15/2020 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $100,000,000 DED X RETENTION$, $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Liability 78184817 5/15/2019 5/15/2020 Each Occurrence 15,000,000 Aggregate 150,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Asher 807 The Heights Drive Fort Worth,TX 76112 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. CFA Office 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 f @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS / REMARKS Pollution Liability: Carrier:Great American E&S Insurance Company Policy#: PREE34974401 Term:5/15/2019—5/15/2020 Limits: $1 M Each Incident,$2M Policy Aggregate,$25K Deductible S2 Capital Named Insureds Include: S2C Partners, LLC DBA S2 Capital S2C Management,LLC DBA S2 Residential S2 Capital Acquisitions, LLC S2 Construction Company, LLC Ponde Shores Master Holdings, LP S2 Camelot, LLC S2 Forest Ridge, LP S2 ManchesterNalencia, LLC S2 Cypress Chase, LLC S2 Grove at White Rock, LLC S2 Trinity Place, LLC S2 Realm, LLC S2 Stone Ridge LLC S2 Tierra, LLC S2 Willow Pond, LLC S2 High Pointe, LLC S2 Matthews, LP S2 Casa Del Rio,LP S2 Mark, LP S2 Uvalde LP S2 Avalon LP S2 Oakland Hills LP S2 Oak Creek, LLC S2 Brompton Court LP S2 Legacy LLC S2 Jax 1, LLC S2 Jax 1, LLC S2 Jax 3, LLC S2 Jax 4, LLC S2 Jax 5, LLC S2 Jax 6, LLC S2 Brentwood LP S2 Lakeview LLC S2 Grandview LLC S2 Jasmine LLC S2 VHH LLC S2 Andover LLC S2 Waterview LLC S2 Mag LLC Camelot Square Apartments, LLC S2 FL Construction Company, LLC