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HomeMy WebLinkAboutContract 57077 Date Received: 02/07/2022 Permit Number: PN21-00187 Time Received: 2:57 PM City Secretary No.: 57077 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 Director of the Development Services Department, and Lennar Homes of Texas Land and Construction, LTD , a(n) Texas limited company ("Licensee"), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 3601 West Risinger Road, Fort Worth, Texas 76123 ("Property"),being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sewer easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, [and as recorded in the plat records of Tarrant County as plat number FS-20- 204; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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 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 Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private water line (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00187 FT.WORTH, TX the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 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 and the use and occupancy of the Public Property, 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 of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall 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 Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier II Easement Encroachment Agreement Page 2 of 13 PN21-00187 Revised 11/2020 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to 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 Encroachment and use of Public Property as 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 Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. S. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property 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 Property 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 Property 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 both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00187 Revised 11/2020 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE 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 "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "D" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 13 PN21-00187 Revised 11/2020 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 the county in which the Encroachment is located. 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 use of the Public Property. 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 respondent 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 Property and is not a conveyance of any right, title, or interest in or to the Public Property, 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. Tier II Easement Encroachment Agreement Page 5 of 13 PN21-00187 Revised 11/2020 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] Tier II Easement Encroachment Agreement Page 6 of 13 PN21-00187 Revised 11/2020 City: Licensee: CITY OF FORT WORTH Lennar Homes of Texas Land and Construction, Ltd —y a Texas limited company By: DJ Harrell(Feb1,202214:40 CST) D.J. Harrell, Director of the by: U.S. Home Corporation Development Services Department it's general partner Date: Feb 1,2022 1 f B : IAAAADA I,, Nan r t Titic: A ►,er;r�?pl A��i,t_ Date: 00004 A�' 000 00 aa�� 0.0 000 Pl. 0 o g=d ATTEST: 0 *mo 00d Approved As To Form and Legality rEX00 AS.oAp Jannette S.Goodall(Feb 4,2022 14:33 CST) C/ Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Feb 4,2022 Date: Jan 31,2022 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. j,afe Scarlett Morales(Jan 31,202216:19 CST) Janie S. Morales Development Services Date: Jan 31,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 'CXo�-S , on this day personally appeared Laura Salgado, Signatory Authority(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 Lennar Homes of Texas Land and Construction, LTD, a Texas limited company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2�% y 2 Notary Public in and for the State of Te tiP0.Y PLB LAURA LYNN SALGADO r° Notary I#125169119 s„ ¢ My Commission Expires January 18,2025 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier II Easement Encroachment Agreement Page 9 of 13 PN21-00187 Revised 11/2020 *--'*THIS PAGE FOR CITY OF FORT WORTH OFFICE USE 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 D.J. Harrell, 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 1st day of February 12022 Wendy L. Digitally signed by Wendy L. pva� WENDY L BEARDSLEE Beardslee202 Notary Public Date: Bea rd s I ee Date:2022.02.01 17:14:31 � � . STATE OF TEXAS 06'00' e Notary I.D. 13323719-3 9jFoF�Notary Public in and for the State of Texas My Comm.Exp.July 28,2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 PN21-00187 Revised 11/2020 D221020277 Page 3 of 5 EXHIBIT A Legal Description of the Land BEING A TRACT OF LAND SITUATED IN THE J. W. HAYNES SURVEY, ABSTRACT NUMBER 781, THE A. CAST ELLO SURVEY, ABSTRACT NUMBER 272, AND THE J. H. DUNCAN SURVEY, ABSTRACT NUMBER 398, ALL OF TARRANT COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN CALLED 8.604 ACRE TRACT OF LAND DESCRIBED IN DEED TO 17.887 MCCART AND RISINGER, L.P., AS RECORDED IN INSTRUMENT NUMBER D219274203, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID CALLED 8.604 ACRE TRACT, SAID IRON BEING THE MOST NORTHERLY NORTHEAST CORNER OF FOX RUN ADDITION, PHASE 1, SECTION 1, AS RECORDED IN CABINET A, SLIDE 3873, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS AND BEING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF RISINGER ROAD (A 120 FOOT PUBLIC RIGHT-OF-WAY); THENCE THE FOLLOWING COURSES AND DISTANCES ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE: S 83°08'19"E, A DISTANCE OF 22.55 FEET (PREVIOUSLY RECORDED AS S 82°07'23"E, 22.50 FEET) TO A 1/2 INCH IRON ROD WITH CAP STAMPED "BRITTAIN AND CRAWFORD" FOUND; S 06°10'50"W, A DISTANCE OF 15.00 FEET(PREVIOUSLY RECORDED AS S 06°13'10"W, 15.00 FEET) TO A 112 INCH IRON ROD WITH CAP STAMPED "BRITTAIN AND CRAWFORD" FOUND; S 83'49'101FE, A DISTANCE OF 64.00 FEET (PREVIOUSLY RECORDED AS S 83°46'50"E, 64.00 FEET) TO A POINT FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS N 19°57'12"W, 0.19 FEET; N 06°10'50"E, A DISTANCE OF 15,00 FEET(PREVIOUSLY RECORDED AS N 06°13'10"E, 15.00 FEET) TO A 1/2 INCH IRON ROD WITH CAP STAMPED "BRITTAIN AND CRAWFORD" FOUND; S 83047'15"E, A DISTANCE OF 688.03 FEET (PREVIOUSLY RECORDED AS S 83°44'55"E, 688.03 FEET) TO A 1/2 INCH IRON ROD WITH CAP STAMPED "ARC" FOUND, BEING THE NORTHWEST CORNER OF THAT CERTAIN CALLED 15.341 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH, TEXAS, AS RECORDED IN INSTRUMENT NUMBER D218246111, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS; THENCE S 16°32'06"W, A DISTANCE OF 334.49 FEET (PREVIOUSLY RECORDED S 16°30'34"W, 334.52 FEET DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG THE COMMON LINE OF THE EAST PROPERTY LINE OF SAID CALL 8.604 ACRE TRACT AND THE WEST LINE OF SAID CALLED 15.341 ACRE TRACT TO A 1/2 INCH IRON ROD FOUND; THENCE S 42°52'08"W, A DISTANCE OF 482.82 FEET (PREVIOUSLY RECORDED AS S 42-51'37"W, 482.83 FEET) CONTINUING ALONG SAID COMMON LINE TO A 1/2 INCH IRON ROD FOUND, BEING THE SOUTHWEST CORNER OF SAID CALLED 15.341 ACRE TRACT, THE MOST SOUTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING IN THE NORTH LINE OF THAT CERTAIN TRACT (TRACT 1) DESCRIBED IN ❑EED TO COHIX, AS RECORDED IN INSTRUMENT NUMBER D208444286, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE ALONG THE NORTHERLY LINE OF SAID CALLED TRACT 1 AND WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 331.90 FEET, THROUGH A CENTRAL ANGLE OF 53°44'55", HAVING A RAD IUS OF 353,80 FEET AND A LONG CHORD OF WHICH BEARS N 63°12'53"W, D221020277 Page 4 of 5 319.86 FEET(PREVIOUSLY RECORDED AS N 63°14'21"W, 320.09 FEET) TO A 112 INCH IRON ROD WITH CAP STAMPED "BRIT-FAIN AND CRAWFORD" FOUND IN THE EASTERLY LINE OF THE AFOREMENTIONED FOX RUN ADDITION; THENCE N 01°02'35"W, A DISTANCE OF 509.13 FEET (PREVIOUSLY RECORDED AS N 01°00'56"W, 509,46 FEET) ALONG THE COMMON LINE OF THE WESTERLY PROPERTY LINE OF SAID CALLED 8.604 ACRE TRACT AND THE EASTERLY LINE OF SAID FOX RUN ADDITION TO A 112 INCH IRON ROD FOUND; THENCE N 26°03'31"W, A DISTANCE OF 117.30 FEET (PREVIOUSLY RECORDED AS N 26°01'52"W, 117.30 FEET) CONTINUING ALONG SAID COMMON LINE AN❑ RETURNING TO THE POINT OF BEGINNING AND CONTAINING 374,744 SQUARE FEET OR 8.603 ACRES OF LAND, MORE OR LESS. ui OQ S RIDGE o Lu SpUTH D- O c7= oQ� SYCAMORE SCHOOL y s 6v JO EA C 20 POPLAR SPR NGS n 2 FOB WOODLARK w FCHp O �� /y R /Np = CLOVER &1 POINT z �Py OQ G� pN 3 o FOREST CREEW m LONG MEADOW g GALE MEAD O z AND z BRIDAL WREATH z Lu EKLA> CRE 3 OD SWEE UM M K ;> w BEE> TREE Lu O COUNTRY 3 m SYCA w z > FNIF MEADOWS CREEit = ST O MIS-�.I VALLEY AIRP m O � HARVEST M ON 3 �Q DAHLIA 4 COLDST1RIEAM BROOKW AY I w SPRINGS POD w BLUE o J�O 1� \ I CUNNIN z O YO 6 J� w uJ ¢ LATTI N OD w O m O� GgRpF 0 w A O WORTH z S R/A, N z ¢ 0 w C A LE TON G ¢ y z a ui cc D <10< mT c� w F z = � 01 � ¢ Da jL pi > CDw•RisIN 0 ~ LIMIT 3 Oo _O 90 RpT Llq z x e W x � s I.aL FOX RUN m p SITE z U PARK LL I y m rn 5� In \�' Gtee� O N Q L� U to xx CPN NO. 103443 MAPSCO NO. 103V N C.) c N �c rn — N N 1n O O N E o O/ CO/ O oN OWNER/DEVELOPER: VICINITY MAP EXHIBIT PAPE-DAWSON 0 o SCALE: 1"= 750� LENNAR HOMES OF TX LAN ENGINEERS 750 AND CONSTRUCTION, LTD LENNAR AT RISINGER COURT 1707 MARKET PLACE BLVD FORT WORTH,TEXAS FORT WORTH I SAN ANTONIO I AUSTIN 1 HOUSTON I DALLAS ui IRVING, TX 75063 6500 WEST FWY, STE 700 1 FORT WORTH,TX 76116 1817.870.3668 +� aj TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION H470 O m L� EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 PN21-00187 Revised 11/2020 my m N O w J N 0 ° 5m nF omm Oom O oO Fn m�-in c zc -4 10 '< DO m N N N N N N { G)9: 1Dm OO m TMm 4A m D �7 m �X< m gd%" a'•. 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EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 13 PN21-00187 Revised 11/2020 Private water line encroaching public PRIVATE 8"WATER LINE sanitary sewer line &SANITARY SEWER EASEMENT XISTING 113"WATERLINE(X-09381) W.RGE�F40AD COTTAGE CREEK D,.,RIVE m Cr w W IIw ¢ t x X W F- C N � C IO N N LT Q C TEXAS RIS O INGER DRIVE 0 f� U L5 O 0 U C W C a) E rn E t U IS O U C W to xx W N 0 C) rn � o N E/ c � 'rn a� a`i 1n o 5 N OO 0/ U') O N PAPE-DAWSON OWNER/DEVELOPER: SITE PLAN o SCALE: 1"= 200 LENNAR H MES OF TX LAN ENGINEERS AND CONSTRUCTION, LTD LENNAR AT RISINGER COURT z0 200 1707 MARKET PLACE BLVD FORT WORTH,TEXAS FORT WORTH I SAN ANTONIO I AUSTIN 1 HOUSTON I DALLAS ui IRVING, TX 75063 6500 WEST FWY, STE 700 1 FORT WORTH,TX 76116 1817.870.3668 +� aj TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION H470 O � LW STA 0+00.1 - SS-A ~ OLE EXST 4' DIP MANHOLE I 45 INSTALL EX ERNAL DROP & INTERIOR CORROSION PROECTION )ID E 815 DJUST RIM 815 810 810 PROPOSED 8" PRIVATE WATERLINE 805 805 42 C 800 800 0 rn 3 v t W 795 795 III c X i (IN) E N Q) 792 „ 792 �' r r Q ¢w� m ¢w� + r3w N raw c zw> o Zw> Q) aNz m QNz E 1n 1n t o -0+50 0+00 0+50 0 c / W. NGER � RISI ROAD a) E a� a� rn — a E o % ADDITIONAL 7.5'SEWER 1n EASEMENT D221328279 \ t 20'SEWER EASEMENT \ w COFW VOL.15585,PG. 495 O.P.R.T.C.T. \ PROPOSED 8" PRIVATE WATERLINE '— EXIST 10"SEWERLINE En X-15420 o Ej c o co 8"SEWERLINE X-26964 En a� o j O O co COTTAGE CREEK DRIVE -o N U OWNER�EVELOPER: ELEVATION EXHIBIT PAPE-DAWSON 0 o SCALE: 1"= 40' LENNAR HOMES OF TX LAN �ENG/NEERS AND CONSTRUCTION, LTD LENNAR AT RISINGER COURT o0 40 1707 MARKET PLACE BLVD FORT WORTH,TEXAS FORT WORTH I SAN ANTONIO I AUSTIN I HOUSTON I DALLAS ui IRVING, TX 75063 6500 WEST FWY, STE 700 1 FORT WORTH,TX 76116 1817.870,3668 + aj TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION H470 O � L� EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN21-00187 Revised 11/2020 POLICY NUMBER: MWZY31414921 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract or agreement On File With Company "It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance, and any insurance maintained by the additional insured shalt be excess and non-contribuiory with the insurance provided hereunder." 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance, with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement, or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY31414921 Lennar Corporation 0910112021 -0910112022 POLICY NUMBER:MWZY31414921 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As required by written contract or agreement. On File with Company "It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance,and any insurance maintained by the additional insured shall be excess and non-contributory with the insurance provided hereunder. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 MWZY31414921 tennar Corporation 0910112021 -0910112022 POLICY NUMBER: MWZY31414921 A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "hodily injury", "property This insurariuu dour nol apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury ur darnaye arises has beeri put to ils 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 MWZY31414921 tennar Corporation 0910112021-0910112022 POLICY NUMBER: MWZY31414921 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 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: If required by written contract or agreement 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. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 MWZY31414921 Lennar Corporation 0910112021 -0910112022