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HomeMy WebLinkAboutContract 38860-CA1Date Received: 4/6/2023 Time Received: 10:12 a.m. Record Number: PN22-00130 City Secretary Number: 38860-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 38860 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 7th day of April , 20 23 , by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("C"), Carlyle/Cypress West 7t", LP, a Delaware limited partnership ("Assignor"), and Block Younger, LLC, a limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 38860 (the "Encroachment Agreement"), on the 22nd day of July, 2009, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 71n day of July, 2009, as Instrument No. D209203747 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement. 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee Encroachment Assignment Agreement OFFICIAL RECORD Page 1 of 9 CITY SECRETARY Rev 04/2020 FT. WORTH, TX has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Parry 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 Parry at the address set out below or at such other address as the receiving Parry designates by proper notice to the sending Party. Ci1y Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor Carlyle/Cypress West 7t'° LP 816 Foch Street Fort Worth, TX 75201 Attn: Stacy Hollingsworth Encroachment Assignment Agreement Page 2 of 9 Rev 04/2020 Assignee Block Younger, LLC 14643 Dallas Pkwy Ste 950, LB58 Dallas, TX 75254 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of 9 Rev 04/2020 ASSIGNOR: Carlyle/Cypress West 7t', LP, a Delaware limited partnership by: Carlyle/Cypress West 71l' GP, LLC, a Delaware limited liability company, its general partner by: Carlyle/Cypress Retail I, LP, a Delaware limited partnership, its sole member by: Carlyle Retail I GP, LLC, a Delaware limited liability company, its general partner By: 04r -- Name: JADE NEWBURN Title: AUTHORIZED PE SO Date: STATE OFWaSilington, § District of Columba COUNTY OF § This instrument was acknowledged before me byas the Lef/� 47/ ofj6y, CarI9 i ' &Ca o�%n/j behalf of said corporation. 1 to f! I s`r 1 119�� _Z1,41,441 ANAW11 Notary Publ c,.�ta+P-�-� STACY M. WEINER NOTARY PUBLIC DISTRICT OF COLUMBIA My Commission Expires November 30, 2026 Encroachment Assignment Agreement Page 4 of 9 Rev 04/2020 ASSIGNEE: Block Younger I,I_,C, a Delaware limited liability company By: —AL--y Name: U eV Title: Q Date: Mkyd) to, 2-023 State of Te)Os (� ss: County of Q6UL �CL9 ) On this IQ_ day of M OL 2023, this instrument was acknowledged before me, the undersigned, notary public, personally appeared 1A0a\.UYl , the Co- KCS0Cign-r of BLOCK YOUNGER LLC, a Delaware limited liability compdny, on behalf of said limited liability company. Notary Public My Commission Expires: F %•� [Notarial Seal] ����PYP��i VICKIE WILTCHER Notary Public, State of Texas Comm. Expires 03-16-2023 Notary ID 130154090 Encroachment Assignment Agreement Page 5 of 9 Rev 04/2020 APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH DJ Harrell (Apr 5, 2023 09:30 CDT) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Apr 3, 2023 ATTEST: Jannette Goodall City Secretary (M not Required) Date: Apr 6, 2023 Date: Apr 5, 2023 dq L`--FORr uaa 00000 o0 �0 o� V° °_ ° o 0 0 0 ° �w —O0000000 p Contract Compliance Specialist: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. xtek� uAcu�eu ( &WZ424 Bichson Nguyen (o ehalf of) (Apr 4, 2023 09:29 C ) Date: Apr 4, 2023 Rebecca D. Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 6 of 9 Rev 04/2020 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on Y�j`, 20Q3by DJ Harrell, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. Sawa '1kr►��,, BROOKE BONNELL �t,Notary Public, State of Texas Comm. Expires 10-11-2020 ;;���.� Notary ID 134009525 Encroachment Assignment Agreement Notary Public, State of Texas Page 7 of 9 Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 9 Rev 04/2020 CITY SECRETARY CONTRACT NO. ENCROACHMENT AGREEMENT STATE 01= TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "City', and CarlyleZCypress West 7th, LP, a Delaware limited partnership 1 acting herein by and through its duly authorized general partner hereinafter referred to as "Grantee", Owner of the property located at 2672 Crockett ("Property"). r br o7 WITNESSETH: For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on andlor above the streets, alleys, 1 07-20-09 P02=14 IN *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 1 Of 19 sidewalks and other public rights -of -way, such Improvement(s) are described as follnws- See Attached Signage Package The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 2 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 2 Of 19 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights -of -way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 4. Grantee, 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 of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. 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 such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for Q *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 3 Of 19 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. A 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, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of one Hundred seventy Dollars ($ 170. 00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. A Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly' authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates and Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 4 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 4 Of 19 a It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ("public right-of-way") 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 public right -of way 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 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 right of way to be used for any other public purpose, 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 this Agreement shall automatically terminate. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 5 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 5 Of 19 11. Grantee 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 Improvement, encroachment and uses. 12. Grantee 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. 13. Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 6 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 6 Of 19 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS ANDIOR 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 SAID IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE 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 ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee 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 i7 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 7 Of 19 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 Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee 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 Grantee's contractors. 16, Grantee 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 Consent 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 17. 8 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 8 Of 19 In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. "Grantee may not assign or otherwise transfer any of its rights or obligations under this contract unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Grantee may make such an assignment of its rights if in connection with the sale, lease or mortgaging of the Property without the prior written consent of City, provided, that upon such assignment, Grantee shall notify City within sixty (60) days of said assignment. If the City fails to receive notice of the assignment within sixty (60) days such assignment shall be void and Grantee shall remain liable to City for any failure to perform hereunder by the assignee, and this provision shall thereafter be applicable to Grantee and such assignee." 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 9 Of 19 EXECUTED this(day of City City of Fort Worth By:AL,� DAM-1,6- Susan a , Director Planning and Development ATTEST: IM'Iw TA I MAN k NO �-, ONE 'Ar'AA0 E�EREQu,[RED Grantee (Business Name) By: See Attached Signature Block Name: Title: Approved As To Form And Legality Assistant City Attorney 10 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 10 Of 19 CARLYLE/CYPRESS WEST 7TH, LP, a Delaware limited partnership By: Carlyle/Cypress West 7`h GP, LLC, a Delaware limited liability company By: Carlyle/Cypress Retail I, LP, a Delaware limited partnership By: Cypress Equities, LLC, a Texas limited liability ompany, its general ner r By: Brian Parro Vice President/CFO *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 11 Of 19 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 Susan Atanis, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20. Notary Pu in and for the State of Texas ANG11A ESIRADA fJotary Public, State of Texas •5;��F My commission Expires August 21. 2011 nu *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 12 Of 19 STATE OF TEXAS § DALLAS COUNTY OF TARRAW= § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Brian Parro , Vice President/CFO or cypress qul a.es, LC 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 Cypress Equities, LLC, the general* and in the capacity therein * partner of Carlyle/Cypress Retail I, L.P., the sole member stated. of Carlyle/Cypress West 7th GP, LLC, the general partner of Carlyle/Cypress West 7th, L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of June 2009 ' tiCRRILEE WAGON tn. Gomn*Won Expires May 31. 2010 12 Notary Public in a d for the State of Texas *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 13 Of 19 L t J13 I�G ll woaaom mlffr saae[r I f• N-..�:. 14 � :' !far.. _ jjf f •`�CU�SaIIEET _ pMI�STasR i.. �e! l r i I a o ;F •� 3 jL6F jja ' iE� i s IFN tr_ u y *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 14 Of 19 ---- ---- ----- ---------------- a� V *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 15 Of 19 *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 16 Of 19 I j> .o-zc �Uig�fi Y1 VE go W6 oa y . z: A gzo W !� z II xW d 3� XK�C s e *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 17 Of 19 EXHIBIT B Certificate of Insurance CERTIFICATE OF LIAE3(L lti§URANCE (21a)574-5"6 raKs (21.4133i-692E rf" CERTIFICATE IS I62LUD As A PATTER Of IRrOPMUM D@AtmW a cnspmY 3601 Codas ltd.ilOI.DI'A. 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FAO T INN A4. 1►wwsAW aMMI LM3NdY + MT A+II�1 • x11Y1171MM AJ:C GIi� s>rg1WMNy1,1A WONT Z doG.a+ ❑ iiA116YM1>♦ Asoog I 26,000,DD 23 DDD aD a �I»+rr,a 0cIi7alaracaTs 'sofT+I2CD6 l0/24/2009 C Xri •► NYYlA1TYNN'YAM+TIt WlF��ii0.4111 yl� s i ODD 07 a n•reN nr IIAT 1 s 1,000.a11 >, 08D 7 t� �'- luw �+Iw-VM ..W 3Dz�sfOC1Ds0{ 10I2//20C 1Q/24V2OOS nwso 1�NRVNv /sneaNlreNlesmea7Ket1�slmulalNi City of Eta Worth 2000 %%tftftkm sta Stcnat rOrb 1tO th, = 76202 AI IM 2412000M Exhibit B %=1I ANT or low A 11 rMsCIII1/0 +000IP as 01109 •D w1O1N TYN UP"r-CN SM TNW M *ft It wa; XNRwr YIL► UMIJ M m W& 1D u1Tr1111 wn � v TYImamma EOuINICINIwsp�rosun,rla IMW1lT6LO NDlNIYLYNPp11 NDiON 1RL111iiiT 7f rir Nsq 11ha►TNe Comm aJICORD tbRJwOw►TIgII ION *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 18 Of 19 By: CITY OF FORT WORTH 1000 THROCKMORTON ST FT WORTH TX 76102 Submitter: CITY OF FORT WORTHIDEVELOPMENT S PLANNING SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. filed For Registration: E09203747 311200910:38 AM - - ins rimnent #: A / 19 PGS $84.00 D209203747 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: DS *TRC* TARRANT Doc: 000203747 Date: 07/31/2009 Vol: 0000000 Page: 00000 Page: 19 Of 19 EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 9 Rev 04/2020