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HomeMy WebLinkAboutContract 51533 RRY 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 City Manager, its duly designated Assistant City Manager or Planning and Development Director, and Vasudevay LLC, a Limited Liability Company ("Licensee"), acting by and through its duly authorized Managing Partner , owner of the real property located at 11100 North Freeway, Fort Worth, TX 76105 ("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 sanitary sewer easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A", more particularly described in the attached Legal Description of the Property, attached as "Exhibit C", 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: AGREEMENT 1. 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 installation of a new private 18" storm sewer crossing a sanitary sewer easement (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 d described in the Exhibit(s) attached hereto. RECfi��� OFFICIAL RECORD CITY SECRETARY C�7y� Easement Encroachment Agreement-Commercial Pa 1 cin 11019 Revisel i [ ?RTH,TX 9y 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. Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 10/22/2018 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 KIND 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 Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 10/22/2018 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. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 10/22/2018 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 Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 10/22/2018 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] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 10/22/2018 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 O T W TH Vasudevay,LLC. By: By: � andle H od Name: Sonal Desai Director Title: Managing Partner Planning and Develo ent Date: , 200 Date: October 26, 2018 If IF ATTEST: Approved As To Form and Legality Rr a City Secret �, ssistant City Attorney s M&C: NA ��� 1295: fl �Ct 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. Janie S. Morales Development Manager OFFICIAL RECORD Easement Encroachment Agreement-Commercial F agSTOY1�ECRETARY Revised0/fg20 ORT to T STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on. �y i 0 ' 201 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. VIA otary Publ' ,+State of TeAs E "' JENNIFER LOUISE EZERNACK Notary Public, State of TexasComm. Expires 03-01-2020;,�:`` Notary ID 130561630 After Recording Return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial Pa �� Revise 10�i�r2>iY�'RTH'TX STATE OFA& § COUNTY OF �CQw&nC3t § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Sonal Desai,Managing Partner(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 Vasudevay, a Limited Liability Company and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this It day of October, 2018. Nd Public in and for the ol'f State of - L KIM L NGUYEN Notary ID#126937421 My Commission Expires October 2,2021 OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial PFF 9WORTH,TX Revi 10/22/2018 EXHIBIT "A" Map of Encroachment and Easement Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 10/22/2018 EXHIBIT A PROPERTY LINE I "''" 1m. I I - - - -- 8 W --r 8" W - 8" W PROPERTY LINE I s - I 1R-1 _ 4.699 acres I 1.33 NEW INN eR}1�id I ILol moft Of FF = 778.00 � MaL PA21 Mal.No.D217256565 �,VA 1. T.C. I I I D.RT.C.T. IF _ III J I L 6.030 acres gross I NEW PRIVATE 18" DIA. STORM SEWER LINE 1 i o i j-3 NEW PUBLIC 8" DIA. f i _I SANITARY SEWER LINE �. NEW STORM I ———————— 77 i SEWER CROSSING I j j T — —I-14 — — — — — — — — NEW PRIVATE 24" DIA. 1 \ EXISTING PUBLIC STORM SEWER LINE III I I I 8" DIA. SANITARY SEWER LINE (X-24058) EXISTING PUBLIC 8" DIA. SANITARY SEWER LINE (X-21681) - THOMAS SCALE 1"=60' FEET 3973 W.VICKERY BLVD.,SUITE 103 PHONE-(817)732-9839 0 30 eo 120 FORT WORTH,TX 76107 FAX- (817)732-9841 REGISTRATION NO.F-9435 MJT NO.- 830-001 EQF.r � CLIENT NAME HOLIDAY INN MORIAH ....:......................... BRAD A. LEHMAN r FORT WORTH, TEXAS 1 .o: 124715 10/15/18 r SITE PLAN EXHIBIT A morma TM*Wiww o 2SM it PROPERTY LINE _ _____._ _____� �^ D:,7 777 7 776 1 1 ' — -------- - - - - - 8„ w —� 8.. 81, w 8 PROPERTY LINE J I I 9R-1 4.699 acres 1.33 — v NEW HOLIDAY INN L0 OR,Mock 1 6R 1, 1 FF = 778.00 Modah a TNnbwkea d Nal.No.M17256565 (� .N i Ywl.I ml V I I 4 D.R.T.C.T. 1� I 6.030 acres gross NEW PRIVATE 18" DIA. I J I STORM SEWER LINE M I o °° NEW PUBLIC 8" DIA. 11 777 SANITARY SEWER LINE 1 l LCV I I NEW STORM- I77 SEWER CROSSING oo F►rt I _ _ _ _ _ _ _ _ _ _ _ - - - - - - - — — — I II 776 NEW PRIVATE 24" DIA. I I EXISTING PUBLIC STORM SEWER LINE III I I I 8" DIA. SANITARY SEWER LINE (X-24058) EXISTING PUBLIC 8" DIA. SANITARY SEWER LINE (X-21681) "'."" T w H0MAS SCALE 1"=60' FEET 3973 W.VICKERY BLVD.,SUITE 103 PHONE-(817)732-9839 0 30 so 120 FORT WORTH,TX 76107 FAX- (817)732-9841 REGISTRATION NO.F-9435 MJT NO.- 830-001 EOF TF,��,a� CLIENT NAME 10y.: •�` **'�� HOLIDAY INN MORIAH �............................. � BRADA. LEHMAN ••• • ••% •• •••• • •••; FORT WORTH, TEXAS ,�•. 124715 •:�� `'%%s:°"ENG- 10/15/18 GRADING PLAN EXHIBIT A . . Gmmm NILE RUNSTORM ..._..._........_.. .. ........_. .......... .._........_..._.... . .. ......_..._..._.. . . SEMIt R PIKE .. . .:... ._. - S8"RCP @ 0.25% ... . . ...................... ...... . ....... . 770 .0100=4.70 c:fs 770 Sf l 00=0.0025 .. ..... . ...:...:....... ..: .. ..:.. ......:wQ:. . . . . .. ...;.�� :... .:�a ...... ..... :...:....:.... .. . . .:... .:.. . .:....:....: :. — ....... ......... .. .. ... ..:... Z W UJ En X ... CG �. ...W......_. .:.. . ...J.:. . ..:..... .3 ' ..... W ... . ..... ......... ...:..... W ...... W ._ Q . 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N LJ'1-iJ .�.W.�,. .�.�. 3+00 4+00 PROFILE SCALE WJTiiOMAS 0 HORIZONTAL SCALE: 1"=40' VERTICAL SCALE: 1" =4' 3973 W.VICKERY BLVD.,SUITE 103 PHONE-(817)732-9839 FORT WORTH,TX 76107 FAX- (817)732-9841 REGISTRATION NO.F-9435 MJT NO.- 830-001 0FTF,���� CLIENT NAME .1to HOLIDAY INN MORIAH ............................... BRAD A: LEHMAN FORT WORTH, TEXAS It ,0: 124715 A: CENSSP` ,do t%% SIONALE�G`= 10/15/18 SANITARY SEWER PROFILE �� EXHIBIT "B" Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 10/22/2018 EXHIBIT B VASUD-1 OP ID*GL AcoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) --^'' 11/06/2018 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 1S 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 endorsements. PRODUCER 817-284-9397 c ACT Glenda Long Grant Insurance Agency PHONE 817-284-9397 FAX 817-595-3718 4146 Willman Ave. (AIC,No, Ext): AtC,No: E-MAIL rantinsurance . Ft.Worth,TX 76180-8616 j.At�ARE$S;.g._—on�_.g com Michael S.Grant INSURER(S)AFFORDING COVERAGE NAIC#__ INSURERA:Evanston Insurance COmpany INSURED Vasudevay LLC INSURER_B: _ 4913 Rufe Snow Or Ste 104 76180,TX INSURER c_ INSURER D INSURER E INSURER F: COVERAGES CER11FICATE NUMBER: RF. ISIONNUMBER: 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. M LICIES.LI_ ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ _ $ 1 000 000 CLAIMS-MADE 1 OCCURY 3AA310910 11105/2018 11/05/2019 DAMAGE TO RENTED 100 000 MED EXP(Any one person $ 5000 PERSONAL&ADV INJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2000000 Ro —_—_ POLICY u JECT C LOC PRODUCT5__COMPIOP AGG $ 2000000 1-1 OTHER: AUTOMOBILE LIABILITY I COTJ�'NED SINGLE LIMIT (Ea a�idanU ANY AUTO SOOILY INJURY tPer erson --------- OWNED SCHEDULED SGDILY INJURY;Per accident �AUTOS ONLY AUOTNOpSyy�Ep p� _ AUTOS ONLY AUTOS ONLY Ie�a�ide DAMAGE $ UMBRELLA LIAR i OCCUR !, ' EACH OCCURRENCE T CLAIMS-MADE LIAB f AGGREGATE $ DED RETENTION$ WORKERS COMPENSATIONI PER 1 OTH- !AND EMPLOYERS'LIABILITY ITATUrF --- ANY PROPRIETORIPARTNHRIEXECUTIVE ; I E L EACH ACCIDENTI$_ 0 FICERJMFMBER EXCLUDED? NIA +"" -`-`--" (mandatory m NH) E.L.DISEASE-EA EMPLOYEE _— Ues,describe under i RIPTION OF OPERATIONS below DISEASE-POLICY LIMIT $ i I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 4.699 acres vacant land located at 11120 Moriah Drive Fort Worth,TX 76105 Certificate Holder is shown as additional insured per form MEGL00090516 attached to policy. CERTIFICATE ANCELLATION FORTW-8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Planning✓?'<Development GFA Office PINI 8-00127 AUTHORIZED REPRESENTATIVE 200 Texas Street 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 EXHIBIT B COMMERCIAL GENERAL LIABILITY PCLiCY NUMBER: 3A1A310910 IRK 11 EVANS jT N INSU INCE COMPANY THIS E3400ASEMENT CHANGES THE POLICY. PLEASE REACH IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Person Or Entity: City of Fort Worth l Address: Planning &Development-CFA Office, PIN18-00127, 200 Texas St, Ft Worth,TX 75102 t Interest Of The Above: Contract Requirement Additional Premium X A. Who Is An Insured is amended to include as an additional insured the person or entity shown in the Schedule of this endorsement, but only with respect to negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to the additional insured shown in the Schedule of this endorsement for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. S. With respect to the insurance afforded to this additional insured,the following is added to limits of insurance_ If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page'I of 1 with its permission. EXHIBIT "C" Metes and Bounds of Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 10/22/2018 EXHIBIT C Being 0.005 acres of land located in Lot 9R, Block 1, Moriah at Timberland Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's Instrument No. D217256565, Deed Records, Tarrant County, Texas. Said 0.005 acres of land being more particularly described as follows: Commencing at a 1/2"iron rod stamped "Beasley RPLS 6066"set at the Northwest corner of said Lot 9R, being an ell corner in Lot 6R, Block 1, said Moriah at Timberland Addition; THENCE S00°26'46"E, along the West line of said Lot 9R, a distance of 246.06 feet to a point; THENCE N89°33'14"E, a distance of 71.41 feet to the POINT OF BEGINNING; THENCE N88°30'23"E, a distance of 15.00 feet to a point; THENCE S02°37'11"E, a distance of 15.00 feet to a point; THENCE S88°30'23"W, a distance of 15.00 feet to a point; THENCE NO2°37'11"W, a distance of 15.00 feet to the point of beginning, containing 0.005 acres of land. The bearings recited hereon are oriented to NAD83 Texas North Central Zone. SE..° Kenneth R. Rogers �� S Tfa+ Registered Professional " Land Surveyor No. 6066 ENNETM .. R OGERS ,....................:... 6066 •.4o�E 5 5 '0 See gti0 SURVF'{ See 8-1/2"x11" Exhibit attached EXHIBIT C Basis of Bearing — NAD 83 (2011)(Epoch:2010.0000) REGISTERED PROFESSIONAL SURVEYORS Geoid 12A, Texas North Central Zone. Grid bearings. Grid Scale Factor = 0.99984194449 aF..r [bERIBERT S. See B-1/2"x,1" P```�sr fo+ EASLEY LAND � L.P. description attached •LAND •TOPOGRAPHIC ENNETH ft. ftaGEftS •CONSTRUCTION SURVEYING ..�.................•..;... FIRM NO. 10094900 6066 METRO 817-429-0194 P. 0. BOX 8873 FAX 817-48-5488 9N0 SuRVE{ FORT NORTH, TEXAS 76124 hebeaeley0men.eom Lot 6R, Block 1 Moriah at Timberland Kenneth R. Rogers Inst. No. D217256565 Registered Professional D.R.T.C.T. Land Sureyor No. 6066 Point of Commencing Prepared October 11, 2018 1/2"irs 1/2"irs LINE TABLE LINE BEARING LENGTH EA L1 S00'26'46"E 246.06 EA L2 N89'33'14"E 71.41 EA L3 N88'30'23"E 15.00 1/2"irf D EA L4 S02'37'11"E 15.00 r EA L5 S88'30'23"W 15.00 EA L61 NO2'37'11"W 15.00 Lot SR-1, Block 1 Moriah at Timberland Inst. No. D217256565 D.R.T.C.T. Lot 9R, Block 1 Lot 2, Block 1 Morioh at Timberland All Storage Old Denton Inst. No. 0217256565 Cob. A, Sid. 11820 Point of D.R.T.C.T. P.R.T.C.T. Beginning EA L2 EA L3 EA L4 EA L6 EA L5 0.005 Acres 0 100 200 300 SCALE 1°=100' X fnd X fnd Lot 10R-1, Block 1 Moriah at Timberland 1/2"irf Inst. No. O (C 565 X fnd —Xfnd D.R.T.C.T. (CM) 5/8"irf FndRPLS 5199 X fnd Lot 11, Block 1 I Lot 12R-1, Block 1 Lot 12R-2, Block 1 Moriah at Timberland Moriah at Timberland Moriah at Timberland Inst. No. D213100077 Inst. No. D217160408 Inst. No. D217160408 D.R.T.C.T. D.R.T.C.T. D.R.T.C.T. X fnd 5/8"irf 5/8"irf X fnd Encroachment Agreement X fnd X set Located In X fnd Lot 9R, Block 1 Right—of—Way Dedication Inst. No. D213100077 Moriah at Timberland Addiiton D.R.T.C.T. City of Fort . Worth . - Tarrant County, Texas