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HomeMy WebLinkAboutContract 51605 CITY SECRETARY CONTRACT NO. S I (a 05 RIGHT OF WAY ENCROACHMENT 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 herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Texas Christian University, a(n) Non-Profit Corporation "Licensee", acting herein by and through its duly authorized Vice Chancellor for Finance and Administration, the owner of the real property located at 2828 McCart Avenue, Fort Worth, Texas 76110("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", 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 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 installation of communication conduits crossing a street, communication and electric conduits crossing an alley, and irrigation of parkway (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 responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to OFFICIAL RECORD ROW Encroachment Agreement-Commercial CI`'page 1 0?FTIARY vi"'10;10/�q1 £� TX further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attached hereto. 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 All. 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 ROW Encroachment Agreement-Commercial Page 2 of 13 Revised 10/10/2018 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 duly 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. 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 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 ROW Encroachment Agreement-Commercial Page 3 of 13 Revised 10/10/2018 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. 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 ROW Encroachment Agreement-Commercial Page 4 of 13 Revised 10/10/2018 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 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. ROW Encroachment Agreement-Commercial Page 5 of 13 Revised 10/10/2018 16. 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. ROW Encroachment Agreement-Commercial Page 6 of 13 Revised 10/10/2018 [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 7 of 13 Revised 10/10/2018 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 F orth Entity: Texas ristia a sity By: Signed: Randle Harwood Name: Brian Gutierrez n Director Title:Vi( t.Ghwnc [V�oc Romu---- Planning and Development Department Q'a Aavvt Ln,tp -+j0 vA Date: , 20je— Date: � f a Vii,. ATTEST: : � �'�A Approved As To Form and Legality City Secr a "4'p: ``-� Assistant City Attorney M&C: Wh Contract Compliance Manager 1295: By signing I acknowledge that I am the person responsible for the monitoring and Administration of this contract, including ensuring all performance and r rti quir7,Zj-,- Janie S. M ales Development Manager OFFICIAL RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial �r� �� TX evised / DI 14re I ILIKII M all]' 1 ' STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me ok� �, 201 K by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort:Worth. li-ia VA -&�?MZOQ� 7N�A Notary Public S to of Te asJENNIFER L0UISE Notary Public, StaW1 Comm, Expires 03 Notary ID 130561630 rOFFICIAL RECORD ROW Encroachment Agreement-Commercial Y 1 Fi,8 Tx STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appearedBrian Gutierrez,Vice Chancellor for Finance and Administration(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 Texas Christian University, a Non-Profit Corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this$ day of �6Ve4jf_-)Lr 20 I� TERRY HANEY Y NOTARY PUBLIC State of Texas kan '•''e';;F_T'�t`Comm.Exp. 11-12-2019 Notary Publi in and for tl State of After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 OFFICIAL,RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial FT. ? X "EXHIBIT A" Location and Description of Encroachment and Improvements ROW Encroachment Agreement-Commercial Page 11 of 13 Revised 10/10/2018 Exhibit A W.CANTEY ST. 60' ROW — e W s i 3, W PROPOSED S ; i �� I f FIBER OPTIC _ CONDUIT — SEE EXHIBIT 10 ALLEYof a II SANITARY SEWER EA SEMEN T PROPOSED FIBER OPTIC CONDUITS SEE EXHIBIT 1 F r A-1 CD EX-6"55-- - �20. i A PAGE 1 OF 8 VICINITY MAP �` 0 80 160 DUNAWAY RIGHT-OF-WAY&ALLEY 5WBoleynvmje•&te40D•FartWorlh,Texas 76107 ENCRAOCHMENT m Tel:817-13&1121 SCALE: 1"=80 ft. 0 0 J a EX 8" WA TER 0 3 i�5 (X-12922) I i EX 33" S TORM zUJ DRAIN (SD-0065) P 1 EX 6" SANITARY z, SEWER (X-12922) r PROPOSED 2-4 FIBER OPTIC CONDUIT 0 00iv _ F- _ E -McCA-RT AVE. 70'Row o m m LEGEND $ - - PROPERTY BOUNDARY 0 40 80 --- -- - -- ADJOINERS a FO PROPOSED FIBER OPTIC LINE PROPOSED UNDERGROUND SCALE: 1"=40 ft. UE ELECTRIC TOTAL (2) -4" CONDUIT= 60± LF N *ALL DIMENSIONS ARE BACK OF E CURB TO BACK OF CURB UNLESS Z NOTED OTHERWISE PAGE 2OF8 V EXH I BIT 'A-1a' D UNAWA1 McCART PARKING LOT 550 Bailey Avenue•&.Re 400•fat Worth,Texas 76107 T� >;,' FIBER OPTIC CONDUITS 0 J a MEN MINNOWE PROFILE SCALE / MEESE HORIZ: . / AMEN OEM � s� i • 121 _a _ NESSE MEN m OEM m m ME OEM m ' �'� Meson EX 33" STORM EX 8" WATER DRAIN (SD-0065) ; (X-12922) EX 6" SANITARY , I SEWER (X-12922)! - - : ------� — Y V-.x-L-V Y Y D E'N JT. 'M-.B-X3 _ i li�s -^\- — — — —SS-9-X�� ROW—SS.9' — — — —SS.,9-X _ _ - --'_ -- -- -----:--a-,---- ss.s_ ' PROPOSED --°- 1 — 4" FIBER CONDUIT 1" ELECTRIC CONDUIT VAN a Yyl d IT f -10' ALLEY C - -- —-- - --- - _— j f'T'I :. $$ LEGEND a — — PROPERTY BOUNDARY 0 10 20 --- - - - -- AD101NERS a LL FO— PROPOSED FIBER OPTIC LINE PROPOSED UNDERGROUND SCALE: 1"=10 ft. UE ELECTRIC TOTAL(1) -4" CONDUIT= 10 LF TOTAL(1)- 1" CONDUIT= 10 LF *ALL DIMENSIONS ARE BACK OF CURB TO BACK OF CURB UNLESS NOTED OTHERWISE PAGE 4 OF 8 „� EXHIBIT 'A-2a' DUNAWAY McCART PARKING LOT 9 550 Borley Avenue•&ft 400•Fat Wath Texas 76107 Tel:81 FIBER OPTIC CONDUITS 0 J d PROFILE 'MENS � = • • " • OEM M OEM MENNINMEM SEES 0 mon M,E � �� � M � �� E �� M � �m � �. E UM E .M M M X02 MFA a MEN EM MEM MEEKM����� =���a EMMIMME ME MENEM On ME Wma MENEM MEMEME EM =MEQ MEMEME M.MMMMMMSEE ME ME ME md MMMMMMMM. MEMO MEMO m SEE Of �� i 'k • • '19[4104(spiL I oil 1 SAN DAG E AVE. I It — — — EX-IZ'W EX-12"W 77,_— L --------------------- it 177 C11> n4 < M_ iI c i 0 ---- --------------------- ---- 0 41 z ........... _E z 7 SPRINKLER I < w HEADS TO I BE PL A CED A DJA CEN T TO CURB I c, t 0 INLET 0 ------------------------ 13 V, C,It c 1 3 lit gi SS,.9-x3 cr .2 -IRRIGATION EDS = 115 EA TOTAL i_RRIGATQN,;LEADS = 192 EA 2 PAGE 6 OF-8 IRRIGATION LEGEND Mc Z CA -- - ;10 ---- -1 • LAWN SPRAY HEAD Rowl HIGH-POP SPRAY cli HEAD z SHRUB SPRAY HEAD 0 40 80 E HIGH-POP END STRIP 0 z HEAD HIGH-POP SIDE STRIP SCALE: 1"- 40 ft. HEAD 0 0 '~DUNAWAY EXHIBIT 'A-3a' McCART PARKING LOT &W Bailey Avenue-Suite 400-Fort Worth,Texas 76107 T&.817MS.1121 (TXKQ IRRIGATION F-1114 o m ' � m — -- -- -- -- -- -- -- m X _ W Z LUZ a w o xE W a � U S J g S S c 0 u 0 IRRIGATION LEGEND w 0 40 80 • LAWN SPRAY HEAD HIGH-POP SPRAY Vk < SCALE: 1 40 ft. HEAD R o SHRUB SPRAY HEAD IRRIGATION HEADS= 23 EA HIGH-POP END STRIP n HEAD TOTAL IRRIGATION HEADS = 192 EA n HIGH-POP SIDE STRIP o HEAD PAGE 7OF8 o Z '~DUNAWAV EXHIBIT 'A-3b' ° 1 McCART PARKING LOT 550 Baley Avenue•Ate 400•Fat Worth.Texas 76107 Te1:817 2' IRRIGATION o (f)CREG F-111 F-1114) w G O a 00 x oz W o w W ' -rnG Z 17 1Q ..J w , O McCART AVE. 0 70' ROW s 8 8 0 0 a IRRIGATION LEGEND w 0 40 BO • LAWN SPRAY HEAD HIGH-POP SPRAY a SCALE: 1"= 40 ft. HEAD R u SHRUB SPRAY HEAD IRRIGATION HEADS =54 EA m HIGH-POP END STRIP HEAD TOTAL IRRIGATION HEADS = 192 EA n HIGH-POP SIDE STRIP z° HEAD PAGE 8OF8 0 f � EXHIBIT 'A-3c' , ° DUNAWAy McCART PARKING LOT 550 Borley Avenue•&to 400•Fat Worth,Texas 76107 w Tel:81 IRRIGATION 0 0 • "EXHIBIT B" Certificate of Insurance ROW Encroachment Agreement-Commercial Page 12 of 13 Revised 10/10/2018 Exhibit B DATE(MM/DD/YYYY) ALCOR" CERTIFICATE OF LIABILITY INSURANCEF `� 6/12/2018 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(les) 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 CONT-NAME: Caitlin Knoll Arthur J. Gallagher Risk Mngmt.Services, Inc. n/oNN E 512-652 2445 a/c No):225 292-3893 Two Lincoln Centre E-MAIL 5420 LBJ Fwy, Suite 400 ADDRESS: caitlin knoll a' .com Dallas TX 75240 INSURERS AFFORDING COVERAGE NAIC# INSURER A:United Educators Ins 10020 INSURED INSURER 8: TCU TCU Box 297110 INSURER C: Fort Worth,TX 76129 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1956791232 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 EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MM/DD/YYY A X COMMERCIAL GENERAL LIABILITY D66.00M 6/1/2018 6/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED TO FX] occurrence $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY El PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ X OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION PEROTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Planning&Development-CFA Office PN18-00128 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth,Texas 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD "EXHIBIT C" Metes and Bounds of the Property ROW Encroachment Agreement-Commercial Page 13 of 13 Revised 10/10/2018 N 9 38'19 E 108.92' C, J 9,4030"W 115.00 PARCEL LINE AND CURVE SEGMENTS SEGMENT LENGTH BEARING/DELTA RADIUS C1 75.14 2.93 1468.43 C2 66.04 10.10 374.78 i ` C3 22.51 91.03 14.17 I I et O ( C4 64.11 9.77 376.00 O (6 N C5 72.16 9.19 449.86 3 =W C6 19.36 70.35 15.77 C7 18.82 89.85 12.00 r o L1 48.50 N12"44' 101E 2 to L2 0.80 N89'40'30 E OO L3 50.16 N4'14'461E L4 14.39 NO'33'331E L5 68.51 S17'47'54"W L6 38.59 S15'25'56'W dS i L7 3.88 S18'54'55'W f' _ V LB 9.29 N89'40'30 E L8 L2 �` L9 2a 17 S89'40'30'W i L10 60.02 SO'19'307E 0 V f ' L11 20.22 N89'36'271E LL L12 58.30 S89'40'30"W rn N E I / L13 10.00 N90'00'00'W L14 12.21 SO'19'30 E i� cih 8 0) r L14Lif - l g _N89 40 30E-..193.30 _ _ L L6 8 ny �6 L7 TRACT 1 L9 ggXT43- a CE TERLINE 1 184.84' L1f a � J L I: N I: Q EXHIBIT C-1a a METES AND BOUNDS f PAGE 10 F 2 2%w 0 100 200 DUNAWAY 1 550 Bailey Avenue•Suite 400"Fort Worth,Texas 76107 Tee 817.335.1121 SCALE: 1"= 100 ft. o (TX REG.F-1114) O J d TRACT 1: THENCE northwesterly along said curve through a central angle o/8951'10"an arc distance o/ 18.82 feet to a point BEING a 0.255 acre tract o/land situated in the M.J. o/tangency, Arocha Survey, Abstract No. 2, Tarrant County, Texas, in the City o/Fort Worth, being a portion o/ West Lowden THENCE North 079'07' West, 183.92 feet to a point o/ Street, McCort Avenue, West Contey Street, and Sandoge non-tangency, Avenue, said tract o/land being more particularly described by metes and bounds as follows THENCE North 8940'30'East, 9.29 feet to a point o/ BEGINNING at a iron pin found in the northeast comer o/ non-tangency, West Lowden Street and Sandage Avenue, some as the THENCE South 079'30'East, 182.20 feet to the POINT OF southeastern corner of Lot 1R, Block 3, Prospect Heights; BEGINNING and containing a calculated area o/ 11,11J40 THENCE North 894030'East, 193.30 feet to the beginning square feet or 0.255 acre o/land. of a non-tongent curve concave easterly, said curve hos o radius of 1,468.43 feet, to which a radial line bears North CENTERLINE 1: 74 44'46" West; BEING a 60.02 foot centerline of conduit situated in the THENCE northerly along said curve through o centro/ angle M.J. Arocho Survey, Abstract No. 2, Tarrant County, Texas, o/25554" on arc distance o/ 75.14 feet to a point o/ in the City o/Fort Worth, located in West Lowden Drive, non-tangency, sold centerline being more particularly described by metes and bounds as follows.- 7HENCE North 17'44'10"East, 48.50 feet to the beginning o/a curve concave westerly, said curve has a radius o/ COMMENCING at a iron pin with plastic cap stomped 374.78 feet 'CBG" found at the northwest comer o/ West Lowden Drive and McCort Avenue, some as the southeastern THENCE northerly along said curve through o centro/ angle comer o/Lot 9R, Block 15, Frisco Heights, of 10'05'45'an arc distance of 66.04 feet to o point o/ non-tangency, THENCE South 89 40'30" West, 20.17 feet to the POINT OF BEGINNING; THENCE North 894030"East, 0.80 feet to a point o/ non-tangency, THENCE South 07930'East, 60.02 feet to the POINT OF 3 ENDING; a THENCE North 474'46"East, 50.16 feet to o point o/ non-tangency, THENCE North 893627"East, 20.22 feet to the $ southwestern corner o/West Lowden Drive and McCort a THENCE North 07930" West, 300.00 feet to a point o/ Avenue and being a calculated length o/60.02 feet; non-tangency, f THENCE South 89'4030' West, 115.00 feet to o point o/ CENTERLINE 2: w non-tangency, BEING a 10.00 foot centerline of conduit situated in the THENCE North 033 3'East, 14.39 feet to o point o/ M.J. Arocho Survey, Abstract No. 2, Tarrant County, Texas, in the City of Fort Worth, located in an Alley located non-tangency, between Lot 9R, Block 15, Frisco Heights, and Lot 1R, ronin Block 3, Prospect Heights, said centerline being more THENCE North 8938'19'East, 108.92 feet to the beginning g particularly described by metes and bounds as follows. u of a curve concave southwesterly, said curve has a radius o/ 14.17 feet; COMMENCING at a iron pin with plastic cop stomped "CBG' 7HENCE southeasterly along said curve through a central found of the northwest comer o/West Lowden Drive and angle o/91'02'06'an arc distance o/22.51 feet to a point McCort Avenue, some as the southeastern comer o/Lot t o/non-tongency, 9R, Block 15, Frisco Heights; o THENCE South 02221'East, 296.34 feet to the beginning THENCE South 894030' West, 58.30 feet to a point o/ o/o curve concave westerly, sold curve hos a radius o/ non-tangency, 376.00 feet, o THENCE North 07930' West, 12.15 feet to o point the 0 7HENCE souther/ along said curve through o centro/ angle m 9 9 9 POINT OF BEGINNING,• 0 of 946'07'an arc distance o/64.11 feet to a point o/ o compound curvature, sold curve is concave westerly and has THENCE North 907'10'00' West, 10.00 feet to the POINT OF o a radius o/449.86 feet; ENDING; 5 7HENCE southerly along sold curve through o central angle o/97124an arc' distance o/72.16 feet to a point o/ 7HENCE South 07930'East, 12.21 feet to the 8 southeastern comer o/Lot 1R, Block 3, Prospect Heights, a non-tangency, and being a calculated length of 10.00 feet; i� 7HENCE South 17'4754' West, 68.51 feet to a point o/ a non-tangency, w 7HENCE(16) South 15.2556" West, 38.59 feet to a point of non-tangency, 7HENCE South 185455" West, 3.88 feet to the beginning of a curve concave northwesterly and has a radius o/15.77 a feet; m 7HENCE southwesterly along said curve through a centro/ angle of 7021'17"an arc distance o/ 19.36 feet to a point o/non-tongency, E THENCE South 894943" West, 184.84 feet to the beginning zo/a curve concave northeasterly and has a radius o/12.00 feet; f A% EXHIBIT C-1b DUNAWAY METES AND BOUNDS 550 Bailey Avenue"Suite 400"Fort Worth,Texas 76107 PAGE Z O F 2 m Tel:817.335.1 121 o (TX REG.F-1 114) w O J d