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HomeMy WebLinkAboutContract 52039-CA1 Date Received: 02/17/2021 City Se cre tart' Time Received: 10:28 AM Number: 52039-CAI ASSIGNMENT AND CONSENT OF ENCROACHMENT LICENSE AGREEMENT City Secretary Contract Nos. 52039 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into by and between (1) the CITY OF FORT WORTH, a Texas home rule municipal corporation ("C "), acting by and through its duly authorized City Manager, Assistant City Manager, or Development Services Director; (2) FW Trinity LB, LTD., a Texas Limited Partnership ("Assignor'), and (3) WMCi Dallas XI, LLC., a Virginia Limited Liability Company ("Assignee"), acting by and through its duly authorized member. Hereinafter, City, Assignor, and Assignee may be referred to individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Assignor is the fee owner of certain land improvements located at 411 Harrold Street, Fort Worth, Texas 76102 (the "Pro e "). WHEREAS, the City previously entered into an Public Right-of-Way Encroachment License Agreement, City Secretary Contract No. 52039 (the "Original Agreement"), with Assignor, the then-owner of certain real property more particularly described in the Original Agreement and the exhibits attached thereto; and WHEREAS, that Original Agreement, filed on March 18, 2019 and recorded as Instrument No. D219052103 in the Real Property Records of Tarrant County, Texas, is attached hereto with exhibits and collectively labeled as '`Exhibit A" to this Assignment and incorporated herein by reference as if set forth in full; and WHEREAS, the descriptions of the affected Right-of-Way and the encroachments are set forth in the Original Agreement and exhibits attached thereto, which are incorporated herein by reference for all purposes; and WHEREAS, Assignor desires to assign the Original 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: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Encroachment License Assignment Agreement Revised 4/2020 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates all duties and obligations under the Original Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein and assumes all of Assignor's rights, duties, and obligations under the Original Agreement first accruing from and after the Effective Date of this Assignment. 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. 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 Original Agreement accruing before the Effective Date are allocated to Assignor, and all rights, duties, and obligations first accruing from and after the Effective Date 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 Original Agreement first accruing from and after the Effective Date of this Assignment. 6. Assignor represents, warrants, and covenants with City and Assignee that, as of the Effective Date, Assignor, to its knowledge, is not in default of any of its obligations contained in the Original 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 Original 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. C Attention: Director Development Services Department 200 Texas Street Fort Worth, Texas 76102 Assignor FW Trinity LB, LTD. Encroachment License Assignment Agreement Revised 4/2020 c/o Endeavor Real Estate Group 500 West 51h Street, Suite 700 Austin, Texas 78701 Assignee WMCi Dallas XI, LLC c/o Weinstein Management Co.,Inc. 3951 Stillman Parkway Glen Allen, VA 23060 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. City shall cause this Assignment to be filed of record in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as "Exhibit B" to the Original Agreement is hereby deleted and replaced with the attached Certificate of Insurance for the Assignee, labeled as "Exhibit B, Revised." 12. All terms and conditions of the Original Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Any capitalized terms not defined herein shall have the meaning assigned to them in the Original 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. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment License Assignment Agreement Revised 4/2020 • e : FW TRINITY LB,LTD., a Texas limited partnership By: EGP 2015 Management, LLC, a Texas limited liability company, its general pz • 1 r B Name: _ Title: THE STATE OF TEXAS § COUNTY OF`hRAVIS § This instrument was acknowledged before me on December 14 2020, by �. 44U,t,�( as 6-0 of EGP 2015 Management, LLC, a Texas limited liability company, general partner of FW Trinity LB, Ltd., a Texas limited partnership, on behalf of such limited liability company and such limited partnership. 7. Zo2t My Commission Expires: 4'-e, C Q� Notary Pubblllii,� State of Texas �"`�••P„�:.. CirdIJY LAPIFR N Notary IC N129451083 Notary's name printed: .t My Commission Expires tune 7,2021 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Encroachment I.icense Assignment Agreement • 1 � 1 l i 1 WMCi DALLAS XI, LLC, a Virginia limited liability company By: r `° Name: John T. Lancaster Title: Co-President and Chief Financial Officer COMMONWEALTH O\F/VIIRGINIA COUNTY OF This instrument was acknowledged before me on /O��I y VV , 2020 by John T. Lancaster, Co-President and Chief Financial Officer of WMCI DALLAS XI, LLC, a Virginia limed liability company, on behalf of said limited liability company. Notary Public Printed Name: L• My Commission Expires: it/ � L r o = COMAA 8 SION0 EXPIRES 413012024 VV ♦ %kFAI TH�O� ;.��a♦ OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Encroachment License Assignment Agreement Revised 4/2020 I I I I I I I APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: -4&1""' .mod" rrell(Fe 11,: FWBC Sec. 3210 DJ Harrell, Director Matthew A. Murray Development Services Department Assistant City Attorney Date: 2-11-2021 Date: 2-11-2021 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 report requirements. Janie S. Morales dadG�FORra Development Manager ATTEST: /✓ S°o°00000 ���o° 00000 pro 000 p 0 o 0 o °mod o ° City Secretary ���'�°° °*�d ° d [No M&C Required] d�a��ExpS° a�p OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EncroachmentLicens eAssignmentAgreement Revised 4/2020 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on February 16 20 21 by DJ Harrell, as the Director of the Development Services Department of the City of Fort Worth, a Texas home rule Municipal Corporation, on behalf of the City of Fort Worth. LAURIE Digitally signed by LAURIE PEQUENO LEWIS 149 LAURIE PEQUENO LEWIS PEQUENO LEWISDate:2021.02.161S:sa:31 Notary Public -06'00' STATE OF TEXAS Notary I.D. 132278952 My Comm.Exp.Dec.10,2023 Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Encroachment Licen s e Assignment Agreement Revised 4/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS EncroachmentLicense Assignment Agreement Revised 4/2020 CITY SECRETARY CONMA CT NO.�5010 PUBLIC RIGHT-OF-WAY 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 Department Director, and FW Trinity LB, LTD., a(n) Texas Limited Partnership ("Licensee"), owner of the real property located at 411 Harrold Street, Fort Worth, Texas 76107("Property"), acting by and through its duly authorized general partner. 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 street, alley, sidewalk, and/or other public right-of- way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; 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 I. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing signs extending over city sidwalk (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s) attached hereto. MAR 13 2019 Uv dOML RECORD clrY°'cFo CITY SECRETARY CITYSF�RErIIRY ROW Encroachment A reement-Commercial "g-WOM,TX evised 12/2018 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by 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 City an additional amount equal to such additional cost as 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 City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. 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 Public Right-of-Way 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 Public Right-of-Way, Licensee hereby gives City permission to remove the ROW Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 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 in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Public Right-of-Way to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Right-of-Way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroaclunent and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE 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 is 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 $190009000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 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 Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the Public Right-of-Way, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. 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 attorneys' fees. ROW Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 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] ROW Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 LICENSEE: City: FW Trinity LB, LTD. CITY OF FORT WORTH By: General Partner EGP 2015 Management, LLC, a Texas Limited Liability Company By: By: �� s JC'-" Randle Harwood, Director Name: b_�Pc C> (mil Planning &Development Title: Date: Date: �7, 141)(�`l By: Name: Title: Date: ATTEST: Approved As To Form and Legality 1 ORT City Sec Kt ,. '•:d,A Trey Qualls �` 2 ?Assistant City Attorney T�CPS. 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. s Janie S. Morales Development Manager OFFICIAL RECORD CIl'YpSE RETARY' ROW Encroachment Agreement-Commercial a e ��v a TX ***THIS PAGE FOR CITY OF FORT WORT" OFFICE LJSE ONLY***,, 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 120 NotaryP c in , f the State of Texas JENNIFER LOUISE EZERNACK 3z° �,Notary Public,State of Texas ' r Comm. Expires 03-01-2020 •� pF ��. Notary ID 130561630 After recording return to: Planning&Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 ROW Encroachment Agreement-Commercial Page 8 of 12•1- Revised 12/2018 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of �6c CJ , on this day personally appeared Nka-a— LS , Manager (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of FW Trinity LB, LTD., a Texas Limited Partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 =11) IER451083Notary Public in and for the n Expires21 State of FOFFICIAL RECORD aT�'�FCI�E�ARY ROW Encroachment Agreement-Commercial Page 9-of 12 TX Revised 12/2018 EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Y Z 6 Z � Q R P O 1 GC y { I i e � I 7: + } r Z 'o J u 1 W F- ¢ U N h I PI-- _ ) ¢a �- F@ ec a LU W O w 4 2 J J Z O_ F- a O cc Z Ld w�-- a v O jwcc: w w U mQ JO U Z J V1 J z M x� m W Z w Z m `O---00O Z = W WQ O X X = cc LL Q x M = O _ w vo LU = Or x �n w � �o r x l7 v0 v ¢ oc NLLO J Ea LLI j LU w w oc p L m w 2v w 0 Q w �s O O a = w Y ?� 0 us ? : W 3 CC Y O CC U 3 m C) U d W W S Q r < w O � a r r ¢ina LL s E an O ++ `uYO m Or d w w OWr I'- 0 O l7 ti w ¢ o Q Z m r107a m p x W ~ Z ? L v o W a Y a m a Q �C a cc F m (r Z W G � O Y W Z o m Z `rn O V m Z Z�H H � w j Z v � o 5~m aO a � � M p LU Z ¢ t � ) ) 0 LU LVU mw Lij O O N J LLm gZ ZZwH dL LU ccWWQ Lu LL Ja- 2i r-:Z-1 Z V L? ~ � z Lu ¢ ii< U O W LL Lid Q _ Q :.Q LL C 3 J �. J a V V 0. m 'l„7 O O F.. Z 10" # V 4' •-------- a a N C I1�1I�I = w in U I- rn Q O LL > N ^ O ro 8h 0-.7 d co o c -®- W 2 IUMM ALILL w O 1. � W Q Q J LL <n � - ■ 2 % 3 = . . ■ / LLA in LLA a \ § 2LLJ j « \ f % j . i < 2 ( ) 0 6 x % ..\...... , . { \ � --------- 0vi « ye �n \ § § / c p \ \ 2 2 x E = 2 e / \ \ cm & � < - ± » § 2 2 ) & 04 \ / z § ° L / l { � [ Li Li mi \ \ � � � LU U. ' § in j 2 ƒ \ % R a e § § / \ = I .a / \ \ / 77 0 \ '5 AE 5 § M y y w o tea. ƒ ) \ \ \ \ } \ : , 2 = q G ML � zz » / iLU - / < \ em G d ` \ / / \ / \ / k § % - y § \ \ ) { j u \ ) u 2 8 G 22E « z g LU am / � � - .- � 7 Z ( � § ( k - . E\ 3 Me4ILU 3 § � - - § \ ��� / \ j \ \ // 5 \ § \ LOU® F@l § ! xI \ \ -«— . ...:... . _ Q � p a < 2 cn I L »a: m, 2 « � q � R . ~ ( ® _ A � - » z }_ % ¥ a0 o In E . p . . . y : . e § * k ƒ � 2— } ) \ k ) / � u z ° a § \ \ ( * 7 �\ ) § § z § § \ ) $ § § & ZD s � co » _ / § Ju j k2 \� c ( & § - 3 # mp9 \ ] § / o ■ � /\ 2 � 2rk � 0 < 2 § a2 , y \ u ± o = - ©Z f wz = § a ! < e � « ] 3k / uj k R2 ■ cli » w }( § 2 § \ © § 2 � ft@@ .. . aEwF- to a \ z - EXHIBIT B Certificate of Insurance ROW Encroachment Aareement-Commercial Page 11 of 12 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property ROW Encroachment Aorreement-Commercial Pacre 12 of 12 Revised 12/2018 Y _ o] O W J 6 a i ac a w � LL r �J 2 N C Ci O J s � 7 - 888{ a i 1 i r 1 fo 1 i .i r i z , a II 1 r r Z O Q � J _I` n =- w w h Q } t/i ;n EXHIBIT B, REVISED CERTIFICATE OF INSURANCE EncroachmentLicenseAssignmentAgreement Revised 4/2020