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HomeMy WebLinkAboutContract 47228 (2)r f )` q t , CUAITRAGT'�° 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 LG North Tarrant & Park Vista, LLC, a Texas limited liability company, hereinafter referred to as "Licensee", owner of the property located at 5124 N Tarrant Parkway ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as BEING a tract of land situated in the ELI SHIVER SURVEY, ABSTRACT NO. 1455, and being a portion of a tract of land described in a deed to Quadrant North Tarrant Partners, Ltd., as recorded in Volume 14118, Page 298, Deed Records, Tarrant County, Texas, being all of Lot 5R, Block A, Quadrant Park Vista Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D213027814 or Volume and Page No. of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 15 foot wide utility 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 retaining wall which will be constructed to support the vertical earth mass (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 LU 14 taseilleiii tllcl'Uaeimielll greetneiii -uonnnerciai OFFICIAL RiW CITY SECRETARY Ft WORTH, TX rage purpose of constructing a retaining wall (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining any 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 2014 Easement Encroachment Agreement -Commercial Page 2 of 9 Works or the Director of the Water Departwent of the City, or his duly authorized representative. 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. 2014 Easement Encroachment Agreement -Commercial Page 3 of 9 7. 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, 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 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 2014 Easement Encroachment Agreement -Commercial Page 4 of 9 Certificate of Insurance is attached as attached as Exhibit "B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the 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 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 16. 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 J day of City City of Fort Worth By: ., -fit Randle II,a d od, l i ector Planning and Development Licensee: LG North Tarrant & Park Vista, LL C By: (;/SLO C(26b‘i Name: Ferno'vw(o be_Leor, Title: ►'n ctirvt e Approved As To Form and Legality dt Sec Assistant city Attorney 2014 Easement Encroachment Agreement -Commercial pips — &C ,_ t ' Um .PD tIFFILth CITY SECRETARY FT. WORTH, TX Page 7 of 9 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. • GIVE I\e CINDER MY HAND SEAL OF OFFICE this `RY P& Cr, ♦ crews • •. fte tI — e ▪ . _• O▪ P to ea a. gisr • gr''g i�uiti rte CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 2014 Easement Encroachment Agreement -Commercial • day of Public in and for the State of Texas Page 8 of 9 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 Fernando De Leon, Manager, 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 LG North Tarrant & Park Vista, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this AJOVOivthz4. , 20 1 • NEDRA LEACH f texas Notary Public, lion Expires My Cotr'�m1 � � � 6 June 0 1 2014 Easement Encroachment Agreement -Commercial day of i/C a Q Nota ublic in and fo the State of Texas Page 9 of 9 PROPOSED CURrACC 665 660 PROP. STORM 635 652 670 .b' I //I *▪ SI• I rx sgRrACC 61LFOF1R'RCP LI1.00% to 0+ 0 Ex 0' SS 15' CCWR ESMT u7 to to 0+ 0 STORM ENCROACHMENT PROP. SURFACE 865 660 658 15' SS ESMT PROPOSED TOP OF WALL BOTTOM OF WALL EX. SURFACE 0 ri to to 0+ 0 1 --4- EX. & SS w ter 0+ 5 WALL ENCROACHMENT 665 660 635 652 • 670 685 860 658 161, i /RQ1.0 C-' MC 000.00 - .503.741 'MC N05. 003.714 \MC \ 604\13 ,131 \ \ S `rF \ 605 \ \ �' ote\ MC Cxr' SANITARY SkWER / / / i' / /, .01 / / // / / / // .... / .00 ---// / // - / / //// /i.01 ,//%// STORM FNCROACNMFNT 005.67 TN • 005.73r )(ME / � P� P�� N° WALL ENCROACHMENT � `,�pp 6-9a - - - TW / a ;._ / jR62�F P, LUME/ /J1, END-w aL' / / / 004.04 TW r. 604. ▪ / •// -- / / / / / / / / ...- .or / Ac / / / / / / Lot 4R, Block A ,/ Quadrant Parkvista 44t'iition Doc. No. 2130127814 055.34- 402.71 OW .r / 'OW • 005.15 ,. �\ \ a \\ \ iv \ / N. N. - - ---+200742 060.00 060.70 J - GIy 'o.LL x600.1D, 500.04 Joe o 1060A3 / i 1�\ t Cr.` \i oc2:y1 '4 *4 / 600.70 1 000 00 TR 008.42 600 42 006.70 6' .0• 063.00 04 j 66.a R67.*4 / 066.00 TR .✓<' 000.77 7R 600.27 / IR / 06000 0' 66y0/ 'TR 609.00 TR 000.50 WO 50 000.00 TR / -/ / EXPOSED --!!/ 00°96 r GRADE BEAM J45o 13 edT a. ; r.) naa/96 I / a9e.76 1 - Vista Addition // / norm/ EXPOSED GR91 E BEAM / / / / PROPt1\ - McDON D'S CM.42 ,) a4 088.21 664.712 MC \` 03 86` 606.04- 007.03 x FFE 5•669.00 I / r f r 1 1 I f 640.26 1 x 6030 / f 1 / / / / / ✓ / 1 / / 1 • f/ 1 / STOP! CALL BEFORE YOU DIG DIG TESS 1-800-DIG-TESS (© least 72 hours prior to digging) / /N To • 07.81 20 GRAPHIC SCALE Inch it 20 ft BENCHMARK DESCRIPTION 40 CITY OF FORT WORTH BENCHMARK BOX CUT ON TOP OF AN 11 FEET WIDE STORM SEWER INLET ON THE WEST SIDE OF PARKWOOD HILL BOULEVARD, 65 FEET NORTH .%:IF THE CENTERUNE OF IAKEWOOD HILL BOULEVAR, POSTED ELEVATION 693.58 SURVEY INFORMATION: PREPARED BY: 301 N. ALAMO RD. (672)7220226 LEGAL DESCRIPTOR: LOT ISR, OLOCK A, QUADRANT PARK VISTA ADDMON NEW CONSTRUCTION NORTH TARRANT PRKY. AND PARK VISTA BLVD. FORTH WORTH COUNTY TARRANT UC NUMBER: ELI SHIVER STATE TX ABSTRACT NO. 1455 042-3145 ENCROACHMENT EXHIBIT coddd acion CC 0. o. • 0 lIncT 4/4 ffi o tu tu re 03 (/) DATE BY STATUS DATE DRAWN PLAN CHECKED 3/18/2015 CLC ASBUILT SHEIT NO. VICINITY MAP NOT TO SCALE MUTUAL ACCESS EASEMENT CABINET A, SLIDE 10737 QUA1RA. BLOCKT.PA A QUADRANT MONH VISTA D2110827 4 CCtl D211082744 IS UTILITY CASEMENT CABINET A, SLIDE 10737 LOT 27 LOT 1 R1, BLOCK A QUADRANT -PARK VISTA ADDITION GCS D211082744 LOT 20 JAMES P. FARRAR, ET AL VOLUME 11710. PACE 07 vie 140) "%Or CO 1➢' S EMENT SPACEEAYTHIS PENT (BYTHI9 PLAT) / 10' PEDESTRIAN EASEMENT CABINET A. SLIDE 107371 18 SANITARY SEWER EASEMENT CABINET A. SLIDE 10737 IS LTTILITY EASEMENT CC O/3204181000 Y 5 i' ^.2// // �g4 1? CIRO / 2 // MUTUAL ACCESS \ \ / -EASEMENT \ CABINET A. SLIDE 10737 �A OYaN pSRD i,' / 2 C// /\N / / .2 0. • / / / \ 1 a UTILITY EASEMENT\p / \o t. 1(I CIRS • )0 CIR9. P ts' e2/rS3R v 0.2 9' ,8 ../ �am�?ip• 9,, 56i•-/�2\.e- yhF Goa 0p ice% (BY THIS PLAT. MUTUAL ACCESS EASEMENT CABINET A. SUDS 10757 LOT 4R, BLOCK A 0.848 ACRES p'\ \ C, (36,921 S0. FT.) 0, 316 LOT 3R, BLOCK A 16' SANITARY SEWER \ 1,771 ACRES EASEMENT 177,142 SO. FT.) CAOINET A, SLIDE 10737 7.5 CHARTER CABLE EASEMENT CABINET/. PAGE 12203 $ \\ \\L5 2.2 7 \ S. t(1 15' WATER EASEMENT BYTHIS PLAT LOT25 \ ▪ • 12• CIRS 2' CIRS 546.1T LOT 24 PARK GLEN ADDITION CABINET A. SLIDE 3034 LOT 23 953� 15' SANTARY� SEWER EASEMENT i BY THIS PLAT LOT 6R, BLOCK A 1.547 ACRES (67,408 50. FT.) 15' UTILITY EASEMENT CABINET A. SLIDE 10737 70 0' a • -@'GIBS ILS i 0 II LO A 1.890 ACRES III Qa,601 S0. FT.) ID' UTIUTY EASEMENT (BY 11110 PLAT) SI 8 QUADRANT WAY (7 PUBLIC ACCESS EASEMENT T (BY THIS PLAT) OF S1bs}y-,L.1D0u MUTUAL ACCESS EASEMENT r CABINET A. SLIDE 10737 XCS 07 O\SJb \7�$ \ �: OBT \ I 2 1 Cd 15' UTILITY EASEMENT CABINET A, SLIDE 10737 10' UTILITY EASEMENT (BY THIS PLAT) APPROXIMATE LOCATION SURVEY LINE LOT 20 LOT 10 L0i LOT 7. BLOCK A 0.592 ACRES (25.768 SO. FT.) 15' WATER EASEMENT CABINET A, SLIDE 70737 (TO Bd ABANDONED BY THIS PLAT) Y� I _ _ - -14800' 12' CIRS S 89'25'00"W 5/6" IRE 70 0' N921 � 1x 10' PS C OPEN XCF"'% J SPACE EM E._ ILLIIB / (BY THIS P T) l LOT 10 LOT17 SARIS C1DEARIN03; BEARINGSSHOWN HEREON ARE BASED UPON THE NORTH LINE OF PARK OLEN ADDITION, AN ADDITION TO THE CITY OF FORT WORM, TARRANT COUNTY. TEXAS. AZ RECORDED IN CAB. A, SLIDE 2939. OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS DOCUMENT NO F 70 0 140RiJT oMF.WAY HATE PETRUS DEVELOPMENT, LP FORMERLY KNOWN AS HILLW000NARK OLEN, LTD VOLUME 0357. PAGE 344 LOT IX BLOC< 70 PARK GLEN ADDMON. PHASE VI SECTION 313 CABINET A, SLIDE 4387 LINE TABLE LINE 0 BEARING DISTANCE Lt NOP1Y004 151E L5 5001246'W 60T LO N20.4T15W 16.0P L7 N00'124522 21.Oa LO 5283656E 284' LO S00'13VOW 1600' L10 520'55''53E 284' 111 N15'0011E 1500' L12 PCO4TOOW 555' L1a N08'5Y58W 0065' L14 N29'47'00W 3209' L15 N01.5111W 11620' L18 N00'S052W 2001' L17 NO0.0018E 2000' LIB 9802595PE 1680' L19 551'51'33T 131.01' L20 S2261700'E 3238' L21 9a6'631BE 00 50' L22 42024700T 080' Lag 300•14m2w 30.00' CURVE TABLE NO. DELTA RADIUS LENGTH CH. L CH.B 01 20'0511- 270.00 13250 13127 5751541E C2 3220491* 270.00 161.15 140.10 S46'4716'E co TTO'S0' 20.00 240 240 N33.2099W C4 7•50'10' 51.70 7.10 710 N32'5122022/ C5 21210'57" 70.00 2600 25.73 N40.22'26w CO 10'53'3d 255.00 4090 48.41 N50'24'44-W C7 28.0841• 256.00 125.24 123.08 N76255611w CB 20'0871' 285,00 130.07 138,57 375'5541E CD 101751• 205.00 51.15 51.0E 558'43131E C10 0.58'50' 307.7E 5288 530 851'0127Y C11 10v5'S2' 100.04 3472 34.55 030.4208'E I C12 I O'28Y0' 21.70 3,1E 3.1E 832'3520'E I CI3 I TIX250' 50.0E 021 0.21 8332O2rE INSTALL PRIVATE PRESSURE REDUCING VALVES ON EACH WATER SERVICE AT THE 'TIME OF BUILDING CONSTRUCTION. THE VALVE HAS TO BE A CITY APPROVED APPARATUSES FINAL PLAT QUADRANT PARK VISTA ADDITION BEING A REPLAT OF LOTS 3-0, BLOCK A, QUADRANT PARK VISTA ADDITION, AN ADDITION TO THE CITY OF FORT WORTH. TARRANT COUNTY. TEXAS, AS RECORDED IN CABINET A, SLIDE 111717, PLAT RECORDS. TARRANT COUNTY, TEXAS. 5 LOTS 0 605 ACRES SITUATED IN THE ELI SHIVER SURVEY, ABSTRACT NO 1455 FORT WORTH, TARRANT COUNTY, TEXAS QUADRANT NORTH TARRANT WINKELMANN • ASSOCIATES PARTNERS, Ltd 6750 HILLOREST PLAZA DRIVE 072-400.7000 of ci cc ES • 2 0 r- cit • cc Ce a • 1- sr 0 o OP ACCORD D 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 endorsement(s). PRODUCER Hotchkiss Insurance Agency, LLC 4120 International Parkway Carrollton TX 75007 CERTIFICATE OF LIABILITY INSURANCE INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 CONTACT NAME: P,HONE N n.F �). 972-512-7700 E-MAILnl ILsc. dallascerts@hiallc.com Ft, INSURER(S) AFFORDING COVERAGE INSURER A :Scottsdale Insurance Company INSURER B : INSURER C : INSURER D : INSURER E : DATE (MM/DD/YYYY) 9/30/2015 FAX IAIC. Nol: NAIC # 41297 INSURER F : COVERAGES CERTIFICATE NUMBER• 1580111231 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 LTRINSD WVD POLICY NUMBER IMM/DD/YYYY1 IMM/DD/YYYY1 A x COMMERCIAL GENERAL LIABILITY BCS0032467 10/31/2014 10/31/2015 CLAIMS -MADE X $5k Deductible X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO X LOC JECT OTHER: A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS A X UMBRELLA LIAR X EXCESS LIAB DED I X I RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE YIN N/A BCS0032467 10/31/2014 10/31/2015 XLS0095004 10/31/2014 10/31/2015 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE IAGGREGATE $1,000,000 $100, 000 $0 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ $ $5,000,000 $5,000,000 $ I STATUTE I I EERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy includes additional insured endorsement, {Form CG2037 04/13) that provides additional insured status for completed operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy Includes additional insured endorsement, {Form CG2033 04/13) that provides additional insured status for ongoing operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that See Attached... CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton Fort Worth TX 76102 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 EFFECTIVE DATE: Page 1 of 3 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE requires such status. The General Liability policy includes additional insured endorsement, {Form CG2018 04/13} that provides additional insured status for ongoing operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a special endorsement with Primary and Noncontributory wording, {Form CG2001 04/13}. The General Liability policy includes a special endorsement providing Waiver of Subrogation status, {Form CG2404 05/091. All policies include verbiage providing 30 days notice of cancellation to the first named insured, except for 10 days notice for nonpayment of premium. NAMED INSURED SCHEDULE INCLUDES: - LG Preston Campbell, LLC - LG MacArthur 161, LLC • LG 19 & Mango, LLC ▪ LG 5001 Waco LLC - LG Denton 377 LLC - LGSR70&30th, LLC - LG Albuquerque BWW, LLC - LG Buckner EZ, LLC ▪ LG FM 423 & ElDorado, LLC ▪ LG Hickory Tree, LLC ▪ LG Block 365, LLC - LG Plano Belt Line, LLC ▪ LG Camelot, LLC ▪ Oak Grove Acquisitions, LLC - LG 7-Eleven Dunn, LLC - LG Cooper Station, LLC ▪ LG Norman Campus, LLC ▪ LG Roanoke, LLC - LG Alamo Culebra, LLC - LG Alamo Ranch INO, LLC ▪ LG Edgebrook, LLC - LG Alta Mesa, LLC - Leon Capital Partners, LLC ▪ LG 75 Campbell, LLC ▪ LG Valley Mills 35, LLC - LG NW Hwy, LLC - LG Sherwood, LLC ▪ LG Sun Valley, LLC - LG Amarillo, LLC - LG Hampton SE, LLC - LG Elkhart, LLC - LG Waters Sheldon, LLC - LG San Angelo Bluffs, LLC - LG Operating Company, LLC ▪ LG Willowbrook 1960, LLC - LG Potranco Canes, LLC - LG EZP Eagle Pass, LLC ▪ LG Bandera Woodlawn, LLC - LG Sul Ross Land, LLC - LG Semoran LaCosta, LLC ▪ LG Midland Deauville, LLC - LCG Buckner Commons, LLC - Nolana Corner, LLC • LG Stonehurst Buckner, LLC - LG McDermott 75, LLC - LG Colleyville, LLC ▪ LG Cicero BOA LLC ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCORD AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER• 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE - LCG Windhaven, LLC - LG El Dorado Tollway, LLC - LG Sharpstown Bellaire, LLC - LG Alkire Littleton FCER, LLC - LG Sunset Angelo, LLC - LG Acquisitions, LLC ▪ LG Richmond FCER, LLC ▪ LG Wylie FCER, LLC - LG Aurora FCER LLC • LG Lebanon & Toliway, LLC • LG Wheatland & Hampton, LLC - LG GTB & Main, LLC - LG Highway 30 Greenville, LLC ▪ LG Dothan, LLC ▪ LG Potranco FCER, LLC - LG North Tarrant & Park Vista, LLC - LG McCart & Sycamore FCER, LLC ▪ LG Cary Walnut, LLC ▪ LG BOA Tulsa, LLC - LG Virginia & Custer, LLC - LG Gatlin & Import, LLC ▪ LG Apopka & 435, LLC - LG WB, LLC - LG Northern Custer Parkway, LLC - FRC CEC Toledo OH, LLC - LG Hwy 301 & Sun City, LLC - LG CentrePort 1, LLC - LG Frisco 121 & Legacy, LLC ▪ LG Seminole & Ulmerton, LLC - LG Lemmon Oak Grove, LLC - LG Ella 610, LLC ▪ LG Tulsa 71st, LLC ▪ LG SH 114 & 135, LLC ▪ LG Military Drive, LLC - LG San Marcos Canes LLC - LG Pleasant Run & 135 LLC ▪ LG Summer Valley Owner, LLC ▪ LG Westheimer & Tanglewilde, LLC - LG Wichita Street, LLC ▪ LG Zeno Road and Haddon Hall, LLC ▪ LG West 7th Street, LLC - LG Inwood MP, LLC - LG Weatherford, LLC ▪ LG Memorial & 101st, LLC - Horizon Special Projects, LLC - LG Hall Oak Grove, LLC ▪ LG Abrams & Forest, LLC - LG Schertz, LLC - LCG TP Hwy 45, LLC - LG 4th Street and Frankford, LLC - LG Mainstreet & Parker, LLC - LG Capital Circle & W Tennessee, LLC - LG Walnut Square, LLC • LG Dothan, LLC - LCG Custer Eldorado, LLC - LG Lockhart, LLC • LG Spring Creek & Headquarters, LLC - LG 5408 Broadway, LLC - LCG Highway 80 LLC ▪ LG Wichita Street, LLC - LG Sheldon & Linebauoh. LLC ACORD 101 (2008/01) Page 2 of 3 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO® AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE - LCG Custer Eldorado II, LLC - LG Centerville & NW Hwy LLC - LG Fairmont and Lily Street, LLC - LG Northwest Mopac, LLC • LG Sunset Lake, LLC - LG Lancaster LLC - LG Denton 380 Hwy, LLC - LG Round Rock Storage, LLC - LG Lakeway Storage, LLC - LCG Federal, LLC - LG Gulfgate, LLC - LG Pioneer 360, LLC - LG 7-11 Micron, LLC - LG Second Street LLC • LG Yukon, LLC RE: LG North Tarrant & Park Vista, LLC / Hard Corner of North Tarrant Parkway & Park Vista / Ft. Worth, TX Page 3 of 3 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 101 (2008/01) POLICY NUMBER'BCS0032467 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Or9anizatan(s) ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY SCHEDULE Location And Description Of Completed Operations ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 o Insurance Services Office, Inc., 2012 Page 1of1 Insured Copy POLICY NUMBER' BCS 0 032467 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24040509 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Insured Copy COMIVERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or o rganization for whom you are performing o perations when you and such person or o rganization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage' or 'personal and advertising injury" caused, in whole or in part, by. 1. Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings opinions, reports, surveys, field orders change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage', or the offense which caused the 'personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 o Insurance Services Office, Inc., 2012 Page 1 of 2 Insured Copy 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered o perations has been completed; or b. That portion of your work' out of which the injury or damage arises has bccn put to its intended use by any person or organization o ther than another contractor or subcontractor engaged in performing o perations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 o Insurance Services Office, Inc., 2012 CG20330413 Insured Copy COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1of1 Insured Copy POLICY NUMBER BCS 0 0 3 2 46 7 COMMERCIAL GENERAL LIABILITY CG 2018 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises ANY PERSON OR ORGANIZATION PER SCHEDULE OF LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or o rganizatio n. C. With respect to the insurance afforded to these additional insureds, the following is added to Section 1I1— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2018 0413 © Insurance Services Office, Inc., 2012 Page 1of1 Insured Copy