Loading...
HomeMy WebLinkAboutContract 50705 'D CITY SECRUAR1f � os- RIGHT OF WAY CONTRACT NO. ENCROACHMENT AGREEMENT o c�c�Sccc 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 herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Throckmorton Properties H,LLC [full legal name], a(n) Delaware LLC (type of entity] "Licensee", acting herein by and through its duly authorized Manager [title], the owner of the real property located at 424 Taylor Street , Fort Worth,Texas 76102 ("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 street, alley, sidewalk, and/or other public right-of- way (individually or collectively,the"Public Right-of-Way")adjacent to the Property as shown on the map attached to this Agreement as Exhibit"A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way; 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: AGREEMENT 1. 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 upon, use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose of Installing a grease interceptor at Public Row;encroach sidewalk (whether one or more,the "Improvements") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsibl Improvements. OFFICIAL.RECORD ROW Encroachment Agreement-Commercial CITY ELlCRITARY Page 1 of 11 — Revised 10/2017 2. All construction, maintenance and operation in connection with such Improvements, 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 City's Director of Transportation and Public Works, 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 Improvements. Licensee shall not commence construction of the Improvements 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 completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the Public Right-of-Way, except as described herein and depicted on Exhibit "A". 4. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate 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, 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, Licensee shall pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 5. 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 Improvements 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 2015 ROW Encroachment Agreement-Commercial Page 2 of 12 Revised 10/2017 made more costly by virtue of the construction, maintenance or existence of the Improvements 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 duty authorized representative. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for 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 within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way, and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the Public Right-of-Way 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 public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to 2015 ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 10/2017 control the Public Right-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, including but not 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 this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 11. 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 Improvements, encroachment and uses. 12. 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. 13. 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. 14. 2015 ROW Encroachment Agreement-Commercial Page 4 of 12 — Revised 10/2017 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS 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, 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 IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. 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 described or depicted 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 promptly 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 all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 2015 ROW Encroachment Agreement-Commercial Page 5 of 12 — Revised 10/2017 M Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the 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. 17. 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. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior 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 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. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. 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. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. 2015 ROW Encroachment Agreement-Commercial Page 6 of 12 Revised 10/2017 [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement-Commercial Page 7 of 12 Revised 10/2017 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: �A CITY OF FORT WORTH, � ��«� C(k7 By: h. By: Randle Ha ood Name: Director Title: A-10 Planning and Development Department Date: , 20_g_ AT ST: A ved As To Form and Legality City Se6pdary :�� Assistant City Attorney ntract Compliance Manager A 1 PEXAS M&C: By signing I acknowledge that I am the person 1295. N r Responsible for the monitoring and Administration Of this contract, including ensuring all performance And reporting requirements. %!��I " - 'e� W I�'�A Janie S. Morales Development Manager OFFICIAL.RECORD CITY 811CRETARY FT WOUN,TX 2015 ROW Encroachment Agreement-Commercial r Page If 12 Revise /2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of CaliforniaA ) County of w,,,A S 'f1Aq e&5 ) On eC2i�e/A-W1n1 before me, Awa ;�11191111 Date Here Insert Name an Title of the Offi er personally appeared a✓ -'�'�tr ✓� I�` Name(s) of Signer(s) -------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and rre WITNE my h d Ind official seal. ANA C.LIMON ro Notary Public-California z T' Los Angeles County D Commission#2192913 Signat e My Comm.Expires Apr 21,2021 ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.National Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2017 by Randle Harwood, Director of the Plannin and Devel pment Department of the City of Fort Worth, on behalf the City of Fort W h. JENNIFER LOUISE EZERNACK No Public, t to O ex Qs 1P 3i :Notary Public, State of Texas '•. Q� Comm. Expires 03-01-2020 E� ` ` Notary ID 130561630 m �a�` After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 2015 ROW Encroachment Agreement-Commercial Page 9 of 12 Revised 10/2017 LEGAL DESCRIPTION OF THE PROPERTY 2015 ROW Encroachment Agreement-Commercial Page 11 of 12 Revised 10/2017 EXHIBIT"A" Location and Description of Encroachment and Improvements 2015 ROW Encroachment Agreement-Commercial Page 12 of 12 Revised 10/2017 The Towers Maa�or Condom r um VICINITY MZa EXHIBIT The Map VCHTY MAP ntS 2 0 w < Y\ G T X S S w G z z13 T w J Q O J M O W P ESVO UP RR A9535 Forest Lane — Suite 229 A Dallas, Texas 75243 DATE: 121191201,3 PIBURN& ph:(214) 328-3500 fax:(214) 328-3512 File No. 13175 Sheet 3 of 77 CARSON emcik�piburncorson com Vl e 0 f�3 O R T LL RX LLI oo E 1 a SLL 9 O ® Zv CV) IRRHIS HOUVI CV) a w� O iv .00,00L 3.00.0000E S --— --—--_01 --� I n ❑00°000 ❑aaoa0000o� L^—JJI ° $ w ❑ F�7 I CM = I F Q O o o 3 E_ O 1LLU H 0 �$ } W F F- � 8 aN s � N N � I I Q a i I - I ,00*0% M.00.0000E N H ,LHHH LS HVN VI x w U � w — r r _ o I II II II it f I J *�—NWEPIATE INDICrtTING:I 1 tom/ WC: PARK EHViRONiAENIA� 1 888-611-PARK 1 1 WWWPARK-USACOM -t 1 'AT MWCL- CT-1 I t 1 A TE MAN FACTURED t r TO PUBLIC j i 1 i SEWY SYSTEM I t I IY _ 1 FRt7M KITCHEN WASTE 1 I i r I i 1 INLET AMC OUTLET i, VENT I I PiPING PROVIDED t r r t BY OTHERS. 1 1 i t --__-----------� ----___M______-� c------------__ PIAN VIEW GRADE CAST[RON FRAME k COYER(1YP-2) —CANCRErE EXTENSION NLN- VENT 5' VENT SLEEVE LIQUID SURFACE INLET aTLET �. '�"' MONOLITHIC BAFFLE H F7_2 FLt GALVANIZED RISER SUPPORT (TYPICAL) PRECAST CONCRETE INTERCEPTOR ELEYM14N C Park 2009 WASTE DW CCH 1 INTERCEPTDR SCHEDULE .�+�Lr1E , ►+ CAPACITY GREASE EiAM ttNc7T1 vWTN HOGHT 9tEt ouTLET GWAAI 1R6V NO. U50al CAP.(LBS)WT(085 L R H FL1 11.2 CT-SOD 560 T,POO 9.300 Y-io- 4•-4' 4'-6- 7,T 5-0- GT-756 750 1,700 9,900 Y-10' 4•-4- 6'-0- 4'-5- 4-2' �E WELL GT-100D 1,000 2,160 11,350 W-8- a-O' W-O" 4'-9` 4'--6- C7-1250 1.250 $400 14.654 9'-2' S-6- 6'-0- 4'-9' 4'-e 'N11y CT-15D6 1,SD0 3,xo 46,056 9'-Y 5'-8' Y-0'' 5'-9' 5'-6- ToSANITARr GT-2060 200D 4,6OD 21,250 9'-0- 6'-D' 8'-O' $!-9' 6'-6- 5[4c0f GT-2900 2500 S 70D 77.400 13'-o` 'T-D T-0' S'-9' 5VI-6' rri-I applications include commerciat and hdustrid food seriee iolchens CT-]dXIO 3QDD 6;90D 33,150 15-0' Y-e 8`0' 6'-9" 6-G- where -es6w grease may Mertes with the proper drainage of the user sGT-3566 3,500 S,OOD 4WD t3'-0' 7-0- S-6' -r-,r Y-0' ystem, The grease interceptor Is gmerdly burled boos gro*tear graMty floc sewsr systems A sample well Is utrosd an the outlet side for sompOng by the CT-4i%� 4.000 4,30D 36,ttiG 16`-O' a-6' 7-0' e-4' I loco water outharltiy, OTHER SIZES ARE AVAI ABEL CONTACT US FOR MGM WONMA110N 5pecif eadons Engineering Data CONCRETE : Class I concrete with desic2n strength of The grease interceptor is structurally X hydraulically engineered to mnterm to 4500 PSI at 28 days. Unit in of,monolithic regional plumbing codas n merMsd In moat eb)ms(Ianseb with local a0arities construction at Raor, first stage of wait and bailie for specific application requirements. with sectiond rear to required depth. (Monolithic traffic required, slide-in type is net aexotable) Shop dmwhgs shelf include ampiete structurd &bouyency cIaktlans REiNFORCE)AENT: Grade 00 rainforeed with stag mbar confarningg eertitled by a licensed professional otg"inaer. to ASTM A515 an required cantors or aqua l. Consult with Park Equipment Company for exact excavation dimensions dt C,i. CASTINGS: Manhole frome3 rovers or gates are manutoctured shipping information. ..- Of gray cast Iran conforming to ASTM A48-73 1AILt - a Dan 3D, Manhdc shoe be nam'nat 24 inch .� diameter and be tr me Euty. � � =,S.r..,~ r C-, PARKGREASE INTERCEPTOR SERIES GT 888-677-PARK 500 THRID 4000 GALLON CAPACITY ENVIRONMENTAL EQUIPMENT t4rrovw.psrk-i:18A,coln SCALE NONE DWC. NO. REV. ••Exp Pct the Best" DATE 10/D9 GT-1 A N 60D00'00' E 85.00' I G m � � O 2'-7 m ❑ D O GREASE TRAP W (q'X6'X8') D 4 I TRACK IIIto • �j D 8,500 SF/ 0.1951 ACI D E D x D r kD D D W h- �z D 5'-O" (PUBLIC ►�'� D PLUMBING LINE) D D o 2'--7" (PRIVATE D -rt -- D PLUMBING LINE) D 000000 I I S 60D00'00' 85.00' ❑ 3 0' 6 0 ' The Tower Manor CondomWum LEGAL EXHIBIT B TRACT I BEING all of Block 81, Original Town of Fort Worth, Tarrant County, Texas described in o deed to Loutex Ft. Worth LP recorded in Volume 13443, Page 322, Deed Records, Tarrant County, Texas, said Block 81 being more particularly described by metes and bounds as follows: BEGINNING at a Bross Marker found at the intersection of the Northerly R.O.W. line of 5th Street (a 60.00 feel wide R.O.W.) and the Easterly R.O.W. line of Lamar Street (a 60.00 feet wide R.O.W), being the Southwesterly corner of said Block 81; THENCE North 30 degrees 00 minutes 00 seconds West, along the Easterly R.O.W. line of said Lamar Street, a distance of 200.00 feet to a Bross Marker found at the intersection of the Easterly R.O.W. line of said Lamar Street and the Southerly R.O.W. Line of 4th Street (a 60.00 feet wide R.O.W.); THENCE North 60 degrees 00 minutes 00 seconds East, along the Southerly R.O.W. line of said 4th Street, a distance of 200.00 feet to a Brass Marker found at the intersection of the Southerly R.O.W. line of said 4th Street and the Westerly R.O.W. line of Taylor Street (a 60.00 feet wide R.0.W); THENCE South 30 degrees 00 minutes 00 seconds East, along the Westerly R.O.W. line of said Taylor Street, a distance of 200.00 feet to a Brass Marker found at the intersection of the Westerly R.O.W. line of said Taylor Street and the Northerly R.O.W. line of said 5th Street; THENCE South 60 degrees 00 minutes 00 seconds West, along the Northerly R.O.W. line of said 5th Street, a distance of 200.00 feet to the POINT OF BEGINNING and containing 40,000 Square Feet or 0.918 Acres of Land. TRACT II BEING all of Block 82, Original Town of Fort Worth, Tarrant County, Texas described in a deed to Loutex Ft. Worth LP recorded in Volume 13443, Page 322, Deed Records, Tarrant County, Texas, said Block 82 being more particularly described by metes and bounds as follows: BEGINNING at a "+" in concrete set at the intersection of the Southerly R.O.W. line of 4th Street (a 60.00 feet wide R.O.W.) and the Westerly R.O.W. line of Throckmorton Street (a 60.00 feet wide R.O.W.), being the Northeasterly corner of said Block 82; THENCE South 30 degrees 00 minutes 00 seconds East, along the Westerly R.O.W. line of said Throckmorton Street, a distance of 200.00 feet to a "+" in concrete set at the intersection of the Westerly R.O.W. line of said Throckmorton Street and the Northerly R.O.W. line of 5th Street (a 60.00 feet wide R.O.W); THENCE South 60 degrees 00 minutes 00 seconds West, along the Northerly R,O.W. line of said 5th Street, a distance of 200.00 feet to a "+" in concrete set at the intersection of the Northerly R.O.W, line of said 5th Street and the Easterly R.O.W. line of Taylor Street (a 60.00 feet wide R.0.W.); THENCE North 30 degrees 00 minutes 00 seconds West, along the Easterly R.O.W. line of said Taylor Street, a distance of 200.00 feet to a "+" in concrete set of the intersection of the Easterly R.O.W. line of said Taylor Street and the Southerly R.O.W. line of said 4th Street; THENCE North 60 degrees 00 minutes 00 seconds East, along the Southerly R.O.W. line of said 4th Street, a distance of 200.00 feet to the POINT OF BEGINNING and containing 40,000 Square Feet or 0.918 Acres of Land. AA9535 Forest Lane — Suite 229 Dallas, Texas 75243 File 13175zo13 PIBURNcSc ph:(214) 328-3500 rax:(z14) 328-3512 File Na 13175 Sheet 4 of 77 CARSON emoii9piburncorson.com The Tower Mseer Condomhum LEGAL TRACT III BEING the East 85.00 feet of Lot 4, Block 76 Original Town of Fort Worth, Tarrant County, Texas, as described in a deed to Loutex Ft. Worth LP, recorded in Volume 13443, Page 322, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at o Brass Marker found at the intersection of the Northerly R.O.W. line of 4th Street (a 60.00 feet wide R.O.W.) and the Westerly R.O.W. line of Taylor Street (a 60.00 feet wide R.O.W.) being the Southeasterly corner of said Lot 4, Block 76; THENCE South 60 degrees 00 minutes 00 seconds West, along the Northerly R.O.W. line of said 4th Street, a distance of 85.00 feet to a point for corner; THENCE North 30 degrees 00 minutes 00 seconds West, a distance of 100.00 feet to a point for corner on the Southerly line of Lot 1 of said Block 76; THENCE North 60 degrees 00 minutes 00 seconds East, a distance of 85.00 feet to 60—D Nail in asphalt found on the Westerly R.O.W. line of said Taylor Street, being the Northwesterly corner of said Lot 4; THENCE South 30 degrees 00 minutes 00 seconds East, along the Westerly R.O.W. line of said Taylor Street, a distance of 100.00 feet to the POINT OF BEGINNING and containing 8,500 Square Feet or 0.195 Acres of Land. TRACT IV BEING the air estate and rights above the surface of the ground out of the Original Town of Fort Worth, Tarrant County, Texas, and being a port of Taylor Street, part of 5th Street, part of Lamar Street and a part of 4th Street, being an area from a Mean Sea Level Elevation of 630.00 feet to a Mean Sea Level Elevation of 691.00 feet (based on U.S.C.&G.S.—D-1154 established in 1966), being more particularly described by metes and bounds as follows: BEGINNING at a 60—d Nail in asphalt for the Northeast corner of Lot 4, Block 76 of said Original Town of Fort Worth; THENCE North 60 degrees 00 minutes 00 seconds East, a distance of 2.50 feet to a point for corner; THENCE South 30 degrees 00 minutes 00 seconds East, a distance of 370.50 feet to a point for corner; THENCE South 60 degrees 00 minutes 00 seconds West, a distance of 205.00 feet to a point for corner; THENCE North 30 degrees 00 minutes 00 seconds West, a distance of 370.50 feet to a point for corner; THENCE North 60 degrees 00 minutes 00 seconds East, a distance of 2.50 feet to a 60—d Nail for the Northwest corner of Lot 3, Block 76 of said Original Town of Fort Worth and being on the Easterly R.O.W. line of Lamar Street (a 60.00 feet wide R.O.W.); THENCE South 30 degrees 00 minutes 00 seconds East, along the Westerly line of said Lot 3, and the Easterly line of said R.O.W., a distance of 100.00 feet to a Brass Monument at the intersection of the Northerly R.O.W. line of said 4th Street (a 60.00 feet wide R.O.W.) and the Easterly line of said Lamar Street, and being the Southwesterly corner of Lot 3; THENCE North 60 degrees 00 minutes 00 seconds East, along the Southerly line of said Block 76 and the Northerly line of said 4th Street, a distance of 200.00 feet to a Brass Monument at the intersection of the Westerly R.O.W. line of Taylor Street (a 60.00 feet wide R.O.W.), and the Northerly line of said 4th Street, being the Southeasterly corner of said Lot 4, Block 76 of said Original Town of Fort Worth; THENCE North 30 degrees 00 minutes 00 seconds West, along the Easterly line of said Block 76 and the Westerly line of said Taylor Street, a distance of 100.00 feet to the POINT OF BEGINNING and containing 1.009 of an Acres of Land. Save and except 0.918 Acres being ail of Block 81, Original Town of Fort Worth. A9535 Forest Lane — Suite 229 Dallas, Texas 75243 DATE: 12/19/2013 PIBURN& ph:(214) 328-3500 fax:(214) 328-3512 File No. 13175 Sheet 5 of 77 CARSON emoilgpiburncorson.com The Tower Mss�er Condomho um LEGAL TRACT V BEING the air estate and rights above the surface of the ground out of the Original Town of Fort Worth, Tarrant County, Texas, and being a part of Taylor Street part of 4th and 5th Street from a Mean Sea Level Elevation of 630.00 feet to a Man Sea Level Elevation of 645.00 feet (based on U.S.C.&G.S.—D-1154, monument established in 1966), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a Brass Monument at the intersection of the Northerly R.O.W. line of 5th Street (a 60.00 feet wide R.O.W.) and the Westerly R.O.W. line of Taylor Street (a 60.00 feet wide R.O.W.) being the Southeasterly corner of Block 81 of said Original Town of Fort Worth, THENCE North 30 degrees 00 minutes 00 seconds West, along the Easterly line of said Block 81 and the Westerly line of said Taylor Street, a distance of 110.00 feet to a point for corner, THENCE North 60 degrees 00 minutes 00 seconds East, a distance of 2.50 feet into the R.O.W. of said Taylor Street to a point for corner being the POINT OF BEGINNING of the herein described tract; THENCE North 60 degrees 00 minutes 00 seconds East, crossing the R.O.W. of said Taylor Street, a distance of 57.50 feet to a point for corner on the Easterly R.O.W. line of said Taylor Street and the Westerly line of Block 82 of said Original Town of Fort Worth; THENCE South 30 degrees 00 minutes 00 seconds East, along the Easterly R.O.W. line of said Taylor Street and the Westerly line of said Block 82, a distance of 20.00 feet to a point for corner; THENCE South 60 degrees 00 minutes 00 seconds West, and crossing most of Taylor Street, a distance of 57.70 feet to a point for corner; THENCE North 30 degrees 00 minutes 00 seconds West, parallel and 2.50 feet Easterly of the Westerly R.O.W. line of said Taylor Street and the Easterly line of said Block 81, a distance of 20.00 feet to the POINT OF BEGINNING and containing 1,150 Square Feet or 0.026 of an Acres of Land. TRACT VI Consent Agreement No. 24264 by and between City of Fort Worth and Bank One, Texas, National Association, recorded in Volume 13443, Page 318, Deed Records of Tarrant County, Texas. Consent Agreement No. 24265 by and between City of Fort Worth and Bank One, Texas, National Association, recorded in Volume 13443, Page 320, Deed Records of Tarrant County, Texas. Consent Agreement No. 15737 by and between City of Fort Worth and Texas American Bank/Fort Worth dated June 16, 1987. A9535 Forest Lane — Suite 229 Dallas, Texas 75243 DATE: 1219/2013 PIBURN& ph:(214) 328-3500 fox:(214) 328-3512 File No. 13775 Sheet 6 of 77 CARSON email Opiburncarson.com The Tower Muasger Condominium LEGAL TRACT VII Leasehold estate created by that certain Lease by and between Joe B. Hogsett,Marquerite C. Hogsett, Anna Melissa Gordon and husband W.K. Gordon, and Marquerite H. Harrison and husband James M. Harrison, as lessor, and The Fort Worth National Bank as lessee, dated January 1, 1970, notice of which was given by Memorandum of Lease recorded in Volume 4828, Page 147, Deed Records, Tarrant County, Texas; AMENDED by document dated December 19, 1973, recorded in Volume 5573, Page 700, Deed Records, Tarrant County, Texas; ASSIGNED by Bonk One, Texas, National Association to Loutex Ft. Worth LP, dated September 29, 1998, recorded in Volume 13443, Doc. No. 323, Real Property Records, Tarrant County, Texas; ASSIGNED by Loutex Ft. Worth LP to Block 82 Partners, L.P. by document dated March 30, 2001, recorded in Volume 14800, Page 359, Real Property Records, Tarrant County, Texas; ASSIGNED by Block 82 Partners, L.P. to Block 76/81 Partners, L.P. by document dated December 31, 2001, recorded in Volume 15346, Page 21, Real Property Records, Tarrant County, Texas; AMENDED by document dated Morch18, 2003, recorded in Volume 16500, Page 16, Real Property Records, Torrent County, Texas; ASSIGNED by Block 76/81 Partners, L.P. to TLC Green Property Associates I, L.P. by document dated March 18, 2003, recorded in Volume 16500, Page 18, Real Property Records, Tarrant County, Texas, and as may be further amended and/assigned, affecting the following property: BEING all of Lot 3 and the Westerly 15.00 feet of Lot 4, Block 76, Original Town of Fort Worth, Tarrant County, Texas described in a deed to Texas Commerce Bank Successor-Trustee, recorded in Volume 12146, Page 1091, Deed Records, Torrent County, Texas and being more particularly described by metes and bounds as follows: BEGINNING of a Brass Marker found at the intersection of the Northerly R.O.W. line of 4th Street (a 60.00 foot wide R.O.W.) and the Easterly R.O.W. line of Lamar Street (a 60.00 foot wide P.O.W.), being the Southwesterly corner of said Lot 3; THENCE North 30 degrees 00 minutes 00 seconds West (Reference Bearing), along the Easterly R.O.W. line of said Lamar Street, a distance of 100.00 feet to 0 60-D Nail in asphalt found being the Northwesterly corner of said Lot 3 and the Southwesterly corner of Lot 2 of said Original Town of Fort Worth, described in a deed to Fort Worth Notional Bank recorded in Volume 4701, Page 176, Deed Records, Tarrant County, Texas; THENCE North 60 degrees 00 minutes 00 seconds East, along the common fine of said Lots 2 and 3, passing at a distance of 100.00 feet the Southeasterly corner of said Lot 2 and the Northeasterly corner of said Lot 3, a total distance of 115.00 feet to a point for corner; THENCE South 30 degrees 00 minutes 00 seconds East, a distance of 100.00 feet to a point for corner on the Northerly R.O.W. line of said 4th Street, being on the Southerly line of Lot 4 of said Original Town of Fort Worth; THENCE South 60 degrees 00 minutes 00 seconds West, along the Northerly R.O.W. line of said 4th Street, passing at a distance of 15.00 feet, the Southwesterly corner of said Lot 4 and the Southeasterly corner of said Lot 3, a total distance of 115.00 feet to the POINT OF BEGINNING and containing 11,500 square feet or 0.264 Acres of Land. A9535 Forest Lone - Suite 229 Dollos, Texas 75243 DATE 12/19/2013 PIBURN& ph:(214) 328-3500 fax:(214) 328-3512 File No. 13175 sheet 7 of 77 CARSON emoil@piburncorson.com "*'THROCK1 OP ID- CERTIFICATE ,acoRO" OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) �� 03/27/2018 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(ies) must have ADDITIONAL INSURED provisions or 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 323-782-8454CONNAME: Farhad Hanasab TACT Hanasab Insurance Services Inc PHONE 323-782-8454 FAX 323-297-4500 CA License: OE08574 (A/C,No,Ext): (AIC,No): 625 S.Fairfax Avenue E-MAIL- farhad@hanasabinsurance.com Los Angeles,CA 90036 ADDRESS: - Farhad Hanasab INSURERS)AFFORDING COVERAGE NAIC# _ INSURER A:Zurich American Iris. Co. INSURED Throckmorton Properties LLC INSURER B_:Zurich American Ins.CO. Throckmorton Investments I LLC Allied World Assurance Co. 19489 Tower Residential 18r II Condominium Association,Inc. INSURER C: _ Tower Master Condominium Association,Inc. INSURER D­. 450 N.Roxbury Dr.#1050 Zurich American Ins.Co. Beverly Hills,CA 90210 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 WITH 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR GLA6989-05 03/31/2018 03/31/2019 DAMAGE TO RENTED 1,000,000 Y Y PREMI E Ea occurre ce $ 288 condo units MED EXP(Any oneperson) $ 10,000 1 pool PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,UUU OTHER: Terrorism Included B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO GLA6989-05 03/31/2018 03/31/2019 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED LX NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ _ CUMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 100,000,000 X EXCESS LIAB CLAIMS-MADE 0310-9283 03/31/2018 03/31/2019 AGGREGATE $ 100'000'000 XI DED RETENTION$ 10,000 WORKERS COMPENSATION PER 9TH- AND EMPLOYERS'LIABILITYTATUTE R YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? L_JNIA E.L.EACH ACCIDENT $ _ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A ,PROPERTY ERP 0781479-00 03/31/2018 03/31/2019 Building 113,000,000 100%RC/Ded$25000 B.I. 5,941,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Fort Worth is named additional. Coverage will not be cancelled without prior 30 days written notice.Company only gives 10 days Notice of Cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth ACCORDANCE)ON W THDATE THE POLICYREOFPROVISIONIS.E WILL BE DELIVERED IN CFA Office PN18-00036 200 Texas St. AUTHORIZED REPRESENTATIVE Fort Worth,TX 76102 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD