Loading...
HomeMy WebLinkAboutContract 47942 C ry sECRETAW 4-7 q CONTRACT NO. EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized Planning and Development Director, and CADG FCE 10, LLC, a Texas Limited Liability Company, hereinafter referred to as "Licensee", owner of the property located at 2301 Heritage Trace Parkway, Fort Worth, Texas. ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as BEING A 0.012 ACRE TRACT OF LAND SITUATED IN THE WILLIAM McCOWEN SURVEY, ABSTRACT NUMBER 999, TARRANT COUNTY, TEXAS, AND BEING A PART OF THAT CALLED 21.547 ACRE TRACT OF LAND CONVEYED BY DEED TO CADG FCEI0, LLC, A TEXAS LIMITED LIABILITY COMPANY, AS RECORDED IN D214115412, DEED RECORDS TARRANT COUNTY, TEXAS, an addition to the City of Fort Worth, Tarrant County, Texas. (See Exhibit A); and WHEREAS, the City has a an 11' wide public waterline easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "B" and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain a retaining wall for the Tehama Bluffs Commercial Tract (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 a e locations own Exhibit B for the OFFICIAL RECORD 2014 Easement Encroachment Agreement-Commercial CITY SECRETARY Page 1 of 9 FT. WORTH,TX purpose of providing a perimeter retaining wall for the Tehama Bluffs Commercial Tract (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. The encroachments are detailed in Exhibit CI and C2 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 2014 Easement Encroachment Agreement-Commercial Page 2 of 9 installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department of the City, or his duly authorized representative. 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 Iegislative 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, 2014 Easement Encroachment Agreement-Commercial Page 3 of 9 including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 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 HIND 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 2014 Easement Encroachment Agreement-Commercial Page 4 of 9 with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "D". 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. L EXECUTED this day of , 2A City Licensee: City of Fort Worth CADG FCE 10, LLC By: VBy: Randle Ha ood, ector Name: Mehrdad Moayedi Planning and Development Title: Manager ®� 1:01 ATTEST: .;a Approved As To Form and Legality ity S ry Assistant Ci y Attorney �L X10 M&C REQUIRED 2014 Easement Encroachment Agreement-Commercial OFFICITYCIAI. RECORD SECRETARY Page 7 of 9 CITY FT. WORTH, TX 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. UNDER Y HAND AND SEAL OF OFFICE this day of 20 """"• CASSANDRA F. FOREMAN Notary Public,State of Texas my commission Expires April 26, 2017 otary Public in and for the State of Texas 2014 Easement Encroachment Agreement-Commercial 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 Mehrdad Moayedi, 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 CADG FC LLC, and in the capacity therein stated. to GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20h. r , Notary Public in and for the State of Texas aft 1.NY pVe CYNTHIA COLLETT Notary ID # 11586134 s, My Commission Expires E pE 1E+ February 20, 2017 (;a 2014 Easement Encroachment Agreement-Commercial Page 9 of 9 LEGAL DESCRIPTION WATERLINE ENCROACHMENT "EXHIBIT A" BEING A 0.012 ACRE TRACT OF LAND SITUATED IN THE WILLIAM McCOWEN SURVEY, ABSTRACT NUMBER 999,TARRANT COUNTY, TEXAS, AND BEING A PART OF THAT CALLED 21.547 ACRE TRACT OF LAND CONVEYED BY DEED TO CADG FCE10, LLC, A TEXAS LIMITED LIABILITY COMPANY, AS RECORDED IN D214115412, DEED RECORDS TARRANT COUNTY,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP IN THE NORTH RIGHT-OF-WAY OF HERITAGE TRACE PARKWAY AND THE WEST RIGHT-OF-WAY OF INTERSTATE 35W, SAID IRON ROD ALSO BEING THE SOUTHEAST CORNER OF THE CALLED 21.547 ACRE TRACT; THENCE S 89'35'22" W, ALONG THE NORTH RIGHT-OF-WAY OF HERITAGE TRACE PARKWAY AND THE SOUTH LINE OF THE CALLED 21.547 ACRE TRACT,A DISTANCE OF 390.66',TO A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP; THENCE N 45'32'50" W, LEAVING THE NORTH RIGHT-OF-WAY OF HERITAGE TRACE PARKWAY, A DISTANCE OF 14.10',TO A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP, SAID IRON ROD BEING IN THE WEST LINE OF THE CALLED 21.547 ACRE TRACT; THENCE N 00°23'02" W, ALONG THE WEST LINE OF THE CALLED 21.547 ACRE TRACT, A DISTANCE OF 143.06',TO A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP, SAID IRON ROD BEING THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TURNING TO THE LEFT WHOSE RADIUS IS 50.00', AN ARC LENGTH OF 46.36', AND WHOSE CHORD BEARS N 26'56'57" W, A DISTANCE OF 44.72' TO A FOUND 1/2" IRON ROD WITH YELLOW FORT WORTH SURVEYING CAP; THENCE N 00°23'02" W, CONTINUING ALONG THE WEST LINE OF THE CALLED 21.547 ACRE TRACT, A DISTANCE OF 643.20'TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE N 00°23'02" W, CONTINUING ALONG THE WEST LINE OF THE CALLED 21.547 ACRE TRACT, A DISTANCE OF 11.00'TO A POINT; THENCE N 89°36'59" E, LEAVING THE WEST LINE OF THE CALLED 21.547 ACRE TRACT,A DISTANCE OF 48.00'TO A POINT; THENCE S 00°23'01" E, A DISTANCE OF 11.00'TO A POINT; THENCE S 89'36'59" W, A DISTANCE OF 48.00' TO THE POINT OF BEGINNING AND CONTAINING 0.012 ACRES OF LAND, MORE OR LESS. OF CHRISTOPHER K.BRADLEY 5251 q7 s U Date: SANaW Mm FOIIq, N11N -=- -- - IHIf T D.R.HORTON-TEXAS LTD., A TEXAS LIMITED PARTRERSHIP CALLED 44.53 ACRE TRACT D214116079 ZONE AE D.R.T.C.T. FOUR t? 100 YEAR FLOOD PLAIN sAN sEw RON RoO MM ELLOW AIIH I CMD 1? iTll laONAM rELLOW I FOM wORIR t4fA1:rF10 GAP F1wORIR EIINEYFIOGV \ \\ I F(Rf VgRTM91RYEYFIGGV BI,LD IOLMIIJ1fAA0 Fouox ----- GnrsAl'P"rno�eecv �� � �� Q � � IIL`II IaOVwfN rELLOW FORE wCRIRl1lNEYFIO GAP , I FORE wORiR EIINEYFIO GAP S I SAN-SEW UU MMI OF \\ ZD A IA f LINE TABLE p tq+/Ui� _ CNyN LINE T BEARING DISTANCE g tr D Z O.1 L1 S 89'35'27 W 390.86 M W L1 L2 N 45.3750'W_ 14.10 N a D l j \ L3_ N 00.23'02"W 143.06 c4 3 m O O O \\9y rf �...`, L4__ N 00.23'02"W 043.20' I- �•`LI1 S LS N 00'23'07'W 11.ar Z Ari ITU sA , \�c WILLIAM McCOWEN SURVEY' 6 NOWN59'E 4e.ar g `tt1� ABSTRACT No.999 �v sooz3ovE 11.ar LB S 89'35'59'W 48.ar t m L6 CADGFCE70 LLC O W lti0 b� 13 12 17 _ieN A TEXAS LIMITED LWBII.ffY COMPANY Y v \I CALLED 21.547 ACRE TRACT 1p,2p°4p�"VR� \ \ OLOCK 1 D214115412 D.R.T.C.T. / cT BANS \LS L7 ' FW / 11x / GVOLff4u'loomW I -- 10 L8 I 20.00' i __.. 9 X CURVE TABLE CURVE I RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGLE W U ® POB C1 saw 46.36 44.77 N 28'S65T W 53'OT4r F f 012 AC PAftHNcAT Fn w ISN p O TRAC TE p REFERENCE DATUM Fa.Flox - yvJ_SEyy A 1.Beaviror*m 4,Diatumydarm of 99.North Mown Mean a4 r4MvaW b M4 Taar 3 Coordnwle Sywlem of 090J.North Ca1Mn1 Zals GIM!wnd Gw+Fd m M North Anwic4n Datum 1983. rARre+IHIroE®GAP W FpRp U 00 E.' Z[V q I tail p L I ZONE AE �o Z FaR°i°Mw e�'I'I�NE:.w ns IROI Rao'Dwlw'Euaw N- JI GORE womR SMNEYHGGV I FU ' 1 s SAN-SEW , 1 (:GOETE T=__ AI,^IA11BR MAH F,OM IaOM'lfw YELLOW - GORiNdtiR SUfNEYHGCAP 30.00'DRAINAGSEMENT CONTROL MONUMENT E EA VOL 14096,PG.150 L3 N=7317788.37 nON'oovwiR r?EUOW aw RooAMTN reupv E=2330888.04 FORI wO1RN 4UINEYPKi GAP FORTNdtiR911fNEYNy GP L2 . - - - POC SA HERITAGE TRACE PARKWAY " " L1 wwRm.?eLLow Fam woww ll/NErIHG Gw (120.00'R.O.W.) Fam"°wG�F„pw E•ELin°GP o - CONTROL MONUMENT � N=7017785.57 / E=2330575.39 LEGAL DESCRIPTION WATERLINE ENCROACHMENT up, 1 OO YEAR BEING A 0.012 ACRE TRACT OF LAND SITUATED IN THE WILLIAM McCOWEN FLOOD PLAIN "EXHIBIT f f) SURVEY ABSTRACT NUMBER 999 TARRANT COUNTY,TEXAS,AND BEING A P , ��S TER'• 9 E_l"HI B I T B PART O�THAT GALLED 21.547 ACRE TRACT OF LAND CONVEYED BY DEED TO F OC211G1154E2 DEEB RECORDS A TEXAS MARRANTBILC I �MTEP ;AANSDR aD ISN :'e Q •. s WATERLINE ENCROACHMENT IG PARTICULARLY DESCRIBED BY METES AND BOUk9ASF OLLOWS • COMMENCING AT A FOUND 1(r IRON ROD NTH YELLOW FORT WORTH •,,,,,,,•;•••••••••••,•••••,••••••••.••,••••.i......., SURVEYING CAP IN THE NORTH RIGHT-0F-WAY OF HERITAGE TRACE PARKWAY •CHRISTOPHER KINNY BRADLEY F---- T AND THE WEST RIGHT-OF-WAY OF INTERSTATE 35 W,SAID IRON ROD ALSO l BEING THE SOUTHEAST CORNER OF THE CALLED 21.547 ACRE TRACT; .••••••••,•••,•••••••••••••,••:•••••••••••• 13 DETAIL THENCE 800.35,rW ALONG THE NORTHRIGHT-0F./AY OF HERITAGE TRACE 1 2 1 1 N.T.S. - DISTANCE 30FKWAY AND 390�TO A FOUND 7!r IROHE N Roo W TH VAELLtT"l FQRYAWORTH •..Y 5251 P.;' " SURVEYING CAP; `/'}�'� O THENCE N 45'3750'W LEAVING THE NORTH RIGHT-0F-WAY HERITAGE 9 •• ' .FSS),• I I L6 TRACE PARKWAY AdSTANCE OF I/.ttr TOAFOUND I71RON ROD WITH O ! YELLOWFORT WORTH SURVEYING CAPSAID IRON ROD BEING IN THE NEST S I 1 p ` 1 //�i � I I LINE OF THE CALLED 21.517 ACRE TRACt; V T\ V 111.../// ; BLOCK 1 L5 THENCE N 072797 W,ALONG THE WEST UNE OF THE CALLED 21.517 ACRE TRACT,A DISTANCE OF 113.06,TO A FOUND t?IRON ROD WITH YELLOW FORT TO THE SUR. NG CM,SAID IRON ROD BEING THE BEC+IFNNG OF A CUIRVE I hereby slate that this survey was made on the ground of the THENCE WWTH SAID CURVE TURNING TO THE LEFT NH08E RAdU513 5o.ar AN roperty legally described hereon, and is to the best of my e? �E L71 ARC LENGTH OF 40.30',ANDWHOSE cNORD BEARS N 20 505T W A DIS%& OF 4.77 TOA FOUND 1?IRON ROO N1TH YELLOW FORT WORTH SURVEYING nowledge correct,and that there are no discrepancies, -\ CAP; conflicts,shortages in area,boundary line conflicts, OAF TfENCE M 00.2397 W.CONTINUING ALONG THE NE67 LINE OF THE CALLED B encroachments,overlapping of improvements,easements or GA BqY 21517 ACRE TRACT ADISTANCE OF643.20 TO THE POINTOF BEGINNINGOF rights of way,except as shown hereon. R0 L8 THE HEREIN DESCRIBED TRACT; Sury ed May 2016. rIENCE N 03.2397 W,CONTINUING ALONG THE NEST LINE OF THE CALLED 21.547 ACRE TRACT,A DISTANCE OF 11.00 TO A POINT; 4 O r THENCE N ISTA SP E,LEAVING THE NEST UNE OF THE CALLED 21.517 ACRE - _ 11 X I- - TRACT,A DIOTANCE OF 40.00'TOA POINT; = 1 THENCE S 00'2347'E.A DISTANCE OF 11.06 TO A POINT; / 0.012 ACRE TRACT THENCE S 89'3659'W A DISTANCE OF 40.00 TO THE POINT OF BEOINNNGAW RISTOPHERKINNYBRADLEY LS.251 - CONTAINNG0.012ACRESOF LA�NDD.MORE ORLESS. FORT NORTH SURVEYING JOB#2013116 DATE:05/11/16 DRAWN: DLS TARRANT COUNTY 107 E COLLEGE AVENUE ALVARADO.TEXAS 78008 CHECKED: CKB TEXAS FIRM REGISTRATION No.100784-W T'0_WATERLINE ENCROACHMENT_EASEMENT_CENTURION_AMERICAIN_BODEGA_BAY_ROAD SHEET 1 OF 1 mN� Jy.'$l yj>• So � �' �g r C.0 Z f� Q j us ti� � o yy I I I I I I I y I 3 I I I I � I I a I I I I a I Q o I � / I N � / I I h a < a, o a EXHIBIT Cl S�y Jy♦Ali S� � J� �Q n WW r m W UE i Woo jig I I I oa c\ \ I I 1 c o I v I 1 o i i 0 o I I Z ' I J a o I I e I I W o I I C I I N ° I C � I I j I I S3�Yvn ydyp G Ck e51 �n ° e o o v ° o a a s a EXHIBIT C2 DATE ACC>R" CERTIFICATE OF LIABILITY INSURANCE 5/17/2016(MM � 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hotchkiss Insurance Agency,LLC PHONE 972-512-7700 FAX 4120 International Parkway 11UG.-MAIL .dailascerts hiallc.com Carrollton TX 75007 rts@hiallc.com S AFFORDING COVERAGE NAIC 0 INSURERA:American Builders Insurance Company 11240 INSURED CENTU 17 INSURER B CADG FCE 10,LLC INSURER C: 1800 Valley View Lane,Suite 300 INSURER 0: Farmers Branch TX 75234 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1430650751 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 VNTH 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. POLICY EFF POLICY EXP LTRTYPE OF INSURANCEINSO POLICY NUMBER IMVIDDIYYYYI IMM1OOIYYYYILIMITS A X COMMERCIAL GENERAL LIABILITY PKGO11207505 10/1/2015 1011/2016 EACH OCCURRENCE $2,000,000 DAMAtIE TO—115— CLAIMS-MADE X�OCCUR LRERTaren $100,000 MED EXP(Any one person) $10,DDO PERSONAL b ADV INJURY $2,000,000 GENL AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $2,000,000 POLICY Fx-�jE OT "LOC PRODUCTS-COMPIOP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY PKG011207505 10/` Ea acd 1/2015 10/1/2016 dent $1,000,000 _ ANY AUTO BODILY INJURY(Per person) $ ALLONMED SCUTEDULED BODILY INJURY(Per amdent) S Ix AUT0.S OSANON-OYVNEO HIRED AUTOS X AUTOS Per soodent $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY YIN E ER ANY PROPRIETORJPARTNERAD(ECUTIVEa NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYE $ It yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101,AddMonal Remarks Schedule,may be altadud IF more space in requlred) The General Liability policy includes a blanket additional insured endorsement(Form#CG2018 04-13),(Form#BIGGLECE 0413)and(Form #CG2037 04-13)that provides additional insured status 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 Primary&Non-Contributory endorsement as well as a Waiver of Subrogation under Form GLECE 04113. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CENTU17 _ LOC III: A�® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED Hotchkiss Insurance Agency,LLC CADG FCE 10, LLC POLICY NUMBER 1800 Valley View Lane, Suite 300 Farmers Branch TX 75234 CARRIER 7IC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: 11'Wide Public Water Easement Located in the Approximate Vicinity of Heritage Trace Parkway, Fort Worth TX ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD