Loading...
HomeMy WebLinkAboutContract 49129 i r 9 CITY SECRETARY' CONTRACT NO, cin of FonT wor:�a n� EASEMENT ENCROACHMENT LICENSE AGREEMENT sy C�11 SFCRE A� cy Commercial d �C 016 -8 L9� 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, its duly designated Assistant City Manager or Planning and Development Director, and Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., a Texas Limited Partnership ("Licensee"), acting by and through its duly authorized Vice President, owner of the real property located at 800 9`h Avenue, Fort Worth, Texas 76104 (Lots 136R & 14 Carlocks Revision of Dissel Tract) ("Property"). 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; and WHEREAS, the City has a Drainage Easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee. NOW, THEREFORE, the City and Licensee agree as follows: ®1=FIC6Ail.REC®1� AGREEMENT CITY SECRl1e1P XR 1. •WORTH,' 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 Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the City's Easement for the purpose of retaining wall and encasement pipe (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2015 Easement Encroachment Agreement-Commercial Page 1 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, 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. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 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. 2015 Easement Encroachment Agreement-Commercial Page 2 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However,this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is 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 Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, 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 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 THE ENCROACHMENT 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 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 $1,000,000 Commercial General Liability 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 30 days prior written notice to the Building Official of the City of Fort Worth. 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 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 the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with 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. 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 the Encroachment and uses. 2015 Easement Encroachment Agreement-Commercial Page 4 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 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. 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 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 permissions 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 Sections 3 and 4 shall survive the termination of this Agreement. 16. 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 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 2015 Easement Encroachment Agreement-Commercial Page 5 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' 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. 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. SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 Easement Encroachment Agreement-Commercial Page 6 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City Licensee: CITY OF FORT WORTH Columbia Plaza Medical Center of Fort Worth Subsidiary, LP By: Columbia North Texas Subsidiary GP, LLC JRndle Harwod Name: Clay Franklin Director Title: Vice President Planning and De elopment Date: , 20[i ATTEST: Approved As To Form and Legality City Secreta Assistant Ci`y Attorney 0 .FORT O �'XAS OFFICIAL RECORD CITY SECRETARY FT.WORTH]TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on yn fitld , 2017 by Randle Harwood, Director of the Planning and Developme t Department of the City of Fort Worth, on behalf the City of Fort Worth.. Sao-�t Notary Public, State of Texas IRMA SAENZ .o:• •<<.,s_Notary Public,State of Texas Comm.Expires 0 1-28-2020 Notary ID 2724984 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 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 Clay Franklin, Vice President (title), 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 Columbia Plaza Medical Center of Fort Worth Subsidiary, LP, a Texas Limited Partnership, and in the capacity therein stated. GI v'EN UNDER MY HAND AND SEAL OF OFFICE this day of , 20� Notary Public in and for the State of Texas PATTIE E.WILSON ��1Y PU I Notary Public,State of Texas Comm.Expires 10-13-2020 Notary ID 130881873 2015 Easement Encroachment Agreement-Commercial Page 9 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY S TA TE OF TEXAS COUPVTY OF TARRANT WhEREAS COL UWIA PLAZA AWEDICAL CENTER OF FORT WORTH SU19SIDIARY, L.P., A TEXAS LIMITED PARTAEERSH°, ACTM BY AND THOUGH ThE UVERSIGNE'D IT'S D(1LY AUTHORIZED AGENT IS THE SOLE OWWR OF A TRACT OF LAND L OCA TED IN ThE E. S. HARRIS SUR VEY, ABSTRACT Ab 688, TARRANT COUNTY, TEXAS, ACCORDING TO THE DEEDS RECORDED IN VOLUW 5714, PAGE 634. DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C. T. ) AND INSTRU4+EEENT NLOWSER 02/3301040, OFFICIAL PUaLIC RECORDS, TARRANT COUNTY, TEXAS (0.P R.T.C. T, ), MERGER DOCL NT RECORDED IN VOLLW 14323, PAGE 457, D.R,T.C. T. AND JOHN STREET AND 17 FOOT ALLEY RIGHT-OF-WAY AS ABANDONED BY ORDINANCE NtWER 22152-04-2016, AND BEMIG MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING ALL OF LOTS 136-139 AID ALL OF JOHN STREET (A 30 FOOT W10E RIGHT-OF-WA'Y I. CARLOCKS REVISION OF DISSEL TRACT, AN ADDITION TO ThE CITY OF FORT WORTH, TARRANT COIAVTY, TEXAS, ACCORDING TO TW PLAT RECORDED IN VOLUME 330, PAGE 34, PLAT RECORDS. TARRANT COUNTY, TEXAS (P.R. T.C.T. ) AND ALL OF LOTS 140-145, DISSEL TRACT, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT CO(hVTY, TEXAS, ACCORDING TO T14E PLAT RECORDED M/ VOLaw 106, PAGE 129, P.R.T.C.T. , AND ALL OF TRACT 2 AS DESCRIBED IN A DEED TO COLUMBIA PLAZA MEDICAL CENTER OF FORT WORTH SUBSIDARY, L,P. AS RECORDED IN SAID INSTRU1+ldc'NT AOWBER D21330/040, O.P.R. T.C. T., AND BENVG MORE PARTICULARLY DESCRIBED BY METES AID BOUNDS AS FOLLOWS BEGINNING AT A 1!2"IRON ROD FOLW WITH A CAP STAMPED "WIER 8 ASSOC INC", SAID IRON ROD BEING THE NORTAEAST CORNER OF SAID TRACT 2, THE NORTHWEST CORNER OF SAID LOT 145, AND MI THE SOUTH RIGHT-OF-WAY LINE OF COOPER STREET f6O' WIDE RIGHT-OF-WAY), ThENCE S 89'59'29"E, ALONG THE SOUTH RIGHT-O WAY LIVE OF SAID COOPER STREET AND ALONG THE NORTH LAE OF SAID LOT 145, 130.00 FEET TO A 112•)RON ROD FObW W1TH A CAP 5TAAFED 'WIER 8 ASSOC MVC', SAID IRON ROD BEING THE NORTHEAST CORNER OF SAID LO l' 145 AND THE INTERSEC TION OF THE SOUTH RICHT-OF-WA Y LINE OF SAID COOPER STREET WITH ThE WEST RIGHT-OF-WAY LINE OF 9TH AVENLE (A CALLED 60' RIGHT-OF-WAY), THENCE S 00.00'31- W, ALONG THE EAST LM OF SAID DISSEL TRACT AND THE WEST LME OF SA 10 9TH AVEA E, AT 5 00.14 FEET, PASSING AN 'X' CUT FOUND BEING THE SOUTHEAST CORNER OF SAID LOT 136 AND THE' NORTWAST CORNER OF SAID JORV STREET ABANDOAWNT, AND CONTINUING ALONG THE EAST LAE OF SAD JOHN STREET ABANDONwENT 1N ALL A TOTAL DISTANCE OF 530,14 FEET TO A 1/2"IRON RDD FOLD WITH A CAP STAMPED O WIER 8 ASSOC IVC". SAID IRON ROD BEING THE NOR TWA S T CORWR OF LOT 134 OF SAID CARL OCKS REVISION OF DISSEL TRACT AND Th1E SOUTHEAST CORNER OF SAID JOW STREET ABANDONMENT, 2015 Easement Encroachment Agreement-Commercial Page 10 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 THENCE N 89'59'29"W, DEPARTAEIG TW *rST RIGHT-OiFWAY LAZE or SAID 9TH AVEME, 4L OA* THE NORTH LNC OF SAID LOT 134 AhD THE SOUM LAZE OF SAO JOIw STREET A$Awoov C7VT, 130.00 FEET TO A 1!2"IRON ROD F000 W1 TH A CAP 5 TAWED 41WR 8 ASSOC ANC'AV TNF EAST LAC OF SAO TRACT 2. SAES ARAN ROD 13Em Tic SOUTH1 sT CORwR OF SAAR J&w STREfT A8A1"mw:NT AAA THE NORTHWEST CME'R OF SAAR LOT 134, THENCE S 00'00'31' W. ALONG THE EAST LAE OF SAID TRACT 2. THE WEST LAE Or SAO CARRLOCKS REVISK,NV OF DISSEL TRACT AAV TH,E WEST LAC OF CARLOCK'S REVISION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED HV VOL UAE 368-146, PAGE 77, P.R. T.C. T., 499.9 1 FEET TO A 1/2"IRON ROD F01AV IN THE NORTH RIGHT-OF-WAY LINE OF WEST ROSEDALE STREET t VARIABLE WIDTH RIGHT-OF-WAY 1. SAID IRON ROD BEING THE SOUTHEAST CORNIER OF SAID TRACT 2 AND THE SOUTHWEST CORNER OF LOT 124 OF SAID CARLOCKS REVISION OF DISSEL TRACT, THENCE N 81°32'04" W, ALONG THE SOUTH LIME OF SAID TRACT 2 AAV THE NORTH R/GHT-OF-WAY LM OF SAID WEST ROSEDALE STREET, 81.32 FEET TO A I/2-IRON ROD FOUND IN THE NORTH RIGHT-OF-WAY LANE OF SAID WEST ROSEDALE STREET, SAID IRON ROD BEING THE SOUTHWEST CORNER OF SAID TRACT 2 AND THE SOUTHEAST CORAER OF LOT IRA2. &.00K 1, MEDICAL CENTRE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COOVrY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET B, SLIDE 2523, P.R. T.C.T., THENCE DEPARTING THE NORTH RIGHT-OF-WA Y L AE OF SAID WES T ROSEDALE STREET, ALONG THE WEST LINE OF SAAR TRACT 2 AND THE EAST LAE OF SAID LOT IRA2 AS FOLLOWS I I N 06'0t'44-E, 45.62 FEET TO A 1/2"IRON ROD FOLM WITH A CAP STAAFED 15RANT ENG", 21 N 04.32'43'£, 49.40 FEET TO A 1/2'N?ON ROO FOUND, 31 N 03'1643-E. 49.41 FEET TO A I/2-IRON ROD FOLAV, 4 l N 01.50'43"E, 49.65 FEET TO A 1/2-IRON ROD FOL O, THENCE N 0/'06'43-E, ALONG THE WEST LITE OF SAID TRACT 2 AND THE EAST LINE OF.SAO LOT IRA2, AT 21.35 FEET PASSING THE NORTHEAST. CORNER OF SAID LOT IRA2 AND THE SOUTHEAST CORNER OF LOT IRA OF SAAR BLOCK 1, AND CONTINUING ALONG THE WEST L6AE OF SAID TRACT 2 AND THE EAST LINE OF SAID LOT IRA 1. A TOTAL DISTANCE OF 4 9.42 FEET TO A I/2-IRON ROD FOUND, THENCE N 00'27'23-E, ALONG THE WEST LINE OF SAID TRACT 2 AND THE EA S T L INE OF SAID L 0 T IRA I. A T 632.88 FEET PASSING A H/2"IRON ROD FOL00, SAID IRON ROD BEING THE NORTHEAST CORNER OF SAID LOT IRA/AND THE SOUTHEAST CORAER OF 6ELOCK 3, MEDICAL CENTRE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-2!6, PAGE 38, P.R. T.C.T. , AND CONTIIAMG ALONG THE WEST LINE OF SAID TRACT 2 AID THE EAST LINE OF SAD BLOCK 3, A TOTAL DISTANCE OF 777.88 FEET TO A POINT NV THE SOUTH RIGHT-OF-WAY LINE OF SAID COOPER STREET, SAID POINT BEING THE NORTWAST CORAER OF SAID BLOCK 3 AA17 THE NORTHWEST CORNER OF SAID TRACT 2, 2015 Easement Encroachment Agreement-Commercial Page 11 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 THENCE N 00027"23"E, ALONG THE WEST LAE OF SAID TRACT 2 AID THE EAST LAE OF SAID LOT IRA I. A7'632.88 FEET PASSING A 1/2`IRON ROD FOIA, SAID IRON ROD BEING THE NORTHEAST CORNER OF SAID LOT IRA/AND THE SOUTHEAST CORAER OF BLOCK 3, MEDICAL CENTRE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED NV VOLLAEE 388-216, PAGE 38. P.R.T.C. T., AND CONTA'VGUNG ALONG THE WEST LNW OF SAID TRACT 2 AND THE EAST LkW OF SAID BLOCK J. A TOTAL DISTANCE OF 777.88 FEET TO A PONVT #V THE SOUTH RIGHT-OF-WAY LACE OF SAID COOPER STREET. SATED PONVT BEING THE NORTHEAST CORAER OF SAID BLOCK 3 AND THE NORTHWEST CORNER OF SAID TRACT 2, THENCE S 87'23'11"E. ALONG THE SOUTH RIGHT-OF-WAY LM OF SAID COOPER STREET AND THE NORTH LAZE OF SAID TRACT 2. A DISTANCE OF 60.36 FEET TO THE PLACE OF BEGIAWM AAAI CONTANVNVG 3.120 ACRES 1135.910 SQUARE FEET I OF LAND, MORE OR LESS. 2015 Easement Encroachment Agreement-Commercial Page 12 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 EXHIBIT "A" Map of Encroachment and Easement 2015 Easement Encroachment Agreement-Commercial Page 13 of 13 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Rev.02/2015 • 91dSH3li sMC31'N1aoM 1NO3 j0 ALS ,m`emv..„�inn,auAa»now bigN VOH 9 3NIl WZIOIS N F �w 1N3W12Nd34 AON3`VZVld 4�V zrsr�e,m -k131N30 1YO103W tlZtlld L^3�OUd nM - S $ bq sad €�o�'ea ° ag3Py I ° c 2 acpg'9s� 0 WLLI 1 3 0 d a ` :i3-dz�. 7 ER6G 3 A Yee � Sg _ 5 g �E'rt }g3 E •• daaxr - 'g• yxs} eN� ¢ax W. �6F06 e�t 6Serca a t 3f3N3n`d 436+ � �} baa � 4 ,c� sm z �T Pig w <2 Iz ft FL - -I £3� � I� �Lqi iarnnn,s cvin r� EP+ Yi 6 r T, m vw• e I • ` `a ��^a•x i i . I I 0 5 _. 4 3 < � t ' � R --- ---- I-Tyi m 9 8 A A --------- WV 5a'"6i S3gk S� �L�.� � ag SVX31'HllIOM laOd-AnN3AV H1H913 00 pb��t� �R' € mfg oX w R QS-nVM 9NINIV13a a3SOdOtid g� ice_ 'S �PyB�=mgo� s 8� W € NOI11aaV1N3W1aVd3aAON3Ja3W3 �I a31N30-fV OI(13W`dZVld`dOH C a) E a) m CL a) a) ca cn 3 g L)) E J co � w p� N z a I v ¢5 �w �2a c0 N 'i iw x= �i CL a) pLL l ;q 7 z i 3NIl A1li3dOtld ii Z x w wz Z < rn ¢ i¢.z Po❑ z yUW� Q 0 0 0 N a g LU `13 W g T o ❑ _ XJ Uy 2¢ 0 J ❑ YYY!!! <o< o a a w ��❑¢ aY Z9, .10 W ¢2 9 Z J ¢ y— L—.lc ¢1m0 y Y °_-ffi w w S2 z� d z3¢� w x x SI 6 aI W W o m m_ u m Z a 3 SVX31'HiHOM 1d0d 3nN3AV H1HE)13 006 Qag oSIIVM EJNINIV13d 43SOdOdd W' Z W a N011140V1N3W1dVd3GAON39H3W3 0 s �yi a Nag°tical RM-31 �N �� $ H31N30IVOK 3W VZ ��_ ago°� �°� � oo m a w w,a N w c o O__ _ �_ -g � m m m m On ym '9L+S tll '� I I I I I I I I I I I r .d - '09+Ztl r o lVM ON3 -----------_ I I II o I m I I 's ----- ----- ,--�, -- I I I r m I I I ___ _ _ — , I _____ _____ {--:_ -y r� o m - m � j Yl I R .a U cofC .0 � � _____ w_ __ �'--_t-____i �w cm C I y I -----a--; W O ._ p __- _ _____ r__ ..___ '9l9 �.'_. _____._r__0'009 Co _ ^____r_=-__ _ ______ _____ o ---;-- - ---- — y C � I --- - - a w --------- J= ---'--- ` I 0'009 y ¢ ___ ti L, . f0 O w C7 ___ 'Bl9 --x'009 •- _ _W___ _ __-i_______1_ _ __ o C S - - _ j Q ----- I Z W -- b om I '9l9 3 a_a � 0 �•--� a O Ln LU LL w I I p 'BL9 _t______r__S'L09 � _____ - .lti - r� I I m y- 7 _— �,.. s' --y------ai W 0+0 tl1S m �_ - i_ -L N-- a Z l______II__ o r_ _ 0009 -IVMN19 A 6 J , � ..• I I 1 I ow Q I - r i II LL -e m --�-----$ ----=ALL --- o ------ ------ ----- --- w O O __y U___ii � r•'1 o a p .i r a iw Oy 3 o Ow ----- ---- 1 -----r----- z __-_y_____il 176+9 tl1 __9 I_ + _-___ ______I�__9709 'ryM ON3 9l (,I_ r- I F -- I I o ____y-____sal O•'1 I II _____ ____dip_ `•_ ____1-_ __ __- _�_____ a I I I I ___ '849 -------- I 9'909 II I "T z I I r I w I I ' 0909 --_; LL 4-1 --r— r I � J __+______-_____ r r r '0l9 C¢7 W ! , I I I I 1 I - I e 1 < _____ _ ___ _ - _ p -A 000nd T ¢w9] zO0H - o I � I I I _ Ow 'E 49 0'609 1 I o I a¢ ___ ____ ZL9 Jn I g ---- --- lltlAN9 0' lVM NI'J B --- -- ¢ 0 IVMl == �-=te -m - -=g�= ===NC= ------- ------ ---- ----= t------ ---- Y EXHIBIT B Page 1of1 Health Care Indemnity, Inc. Certificate of Insurance �I. 1100 Charlotte Avenue,Suite 800 Nashville,TN 37203 Health Care Phone:615/344-5193 Date: 05/02/2017 Fax:855-775-0393 Indemnity, Inc. Email:Corp.Insurance@HCAHealthcare.com COW 48059-2017 This is to certify to: City of Fort Worth (Name of Certificate Holder) 200 Texas Street Fort Worth, TX 76102 that the described insurance coverages as provided by the indicated policy has been issued to: Named Insured: HCA HOLDINGS, INC.AND SUBSIDIARY ORGANIZATIONS Address: EXISTING NOW OR HEREAFTER CREATED OR ACQUIRED ONE PARK PLAZA NASHVILLE,TN 37202-0550 The Policy identified below by a policy number is in force on the date of Certificate issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. This Certificate of Insurance neither affirmatively nor negatively amends,extends or alters the coverage afforded under any policy identified herein. POLICY NO. POLICY PERIOD Effective: 1/11/2017 HCI-EX-10117-01 Expiration: 1/1/2018 TYPE OF INSURANCE LIMITS OF LIABILITY Comprehensive General Liability- • Occurrence Form • Bodily Injury $1,000,000 Each and Every Occurrence • Property Damage • Products and Completed Operations $1,000,000 Aggregate • Personal and Advertising Injury Health Care Professional Liability $0 Each and Every Occurrence Occurrence Form $0 Aggregate SPECIAL CONDITIONS/OTHER COVERAGES: The Named Insured Includes: Columbia Plaza Medical Center of Fort Worth Subsidiary, LP d/b/a Medical City Forth Worth COID: 34318 Cancellation: Should any of the above described policies be canceled before the expiration date thereof,the issuing company will endeavor to mail ninety days written notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Authorized STature �l 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. Ifn �J e of Employee L-C� M" Title _