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HomeMy WebLinkAboutContract 51883 CITY ONTRAc NARY 51583 PUBLIC RIGHT-OF-WAY 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, Assistant City Manager, or Planning and Development Department Director, and Bloomfield Homes, LP, a(n) limited partnership ("Licensee"), owner of the real property located at Cottages at Huston Oaks, Alta Vista Road, Fort Worth, Texas 76244("Property"), acting by and through its duly authorized President. 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, attached as "Exhibit C" and incorporated herein for all purposes; 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," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above,or below the Public Right-of-Way; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW,THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by 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 in, on, above, or below and occupy a portion of the City's Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing private storm lines and retaining wall (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is -{ '- specifically described in the exhibit(s) attached hereto. +'iCIAE RECORD ICiG .1 y�oQy ROW Encroachment Agreement-Commercial C1 tYP QPJT 1RY 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, 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 the approval and consent of the appropriate utility companies and 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 or 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 determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. 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. The 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. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and ROW Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 restore the Public Right-of-Way, Licensee hereby gives City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 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 thirty (30) years, commencing on the date this Agreement is executed by City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Public Right-of-Way to be used and encroached upon 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 used for any other public purpose, 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. ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 9. 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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 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 ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES,OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is 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 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 thirty (30) days prior written notice to the Building Official of the City. 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 the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and 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 ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. 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 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 property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. ROW Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 16. 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 attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 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 sixty (60) days of such foreclosure or assignment and assumes all of Licensee's 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. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY OFF RT RTH Bloomfield Homes,LP By: By: Randle Harkood, Director Name: Donald J.0ykS old d,Dykstra,President @I®®tnfle►d Properties,Ina Planning&Developpe Title: P esident fenerai Partner Date: Date: (By: Name: �-OR.... Title: . ate: ATTEST: pproved As o Form and Legality �SS� ,+b City Secretary Trey Qualls Assistant City Attorney M&C: N A 1295: Nis Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie S. Morales Development Manager OFFICIAL RECORD ROW Encroachment Agreement-Commercial CITW TARP STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. l"VEN UNDER MY HAND AND SEAL OF OFFICE this _L_day of 20]�L. Notary Publ c in and forth State of Texas ,1�gPSyy PUS JENNIFER LOUISE EZERNACK After recording return to: ` Notary Public, State of Texas Planning& Development "z, Comm, Expires 03-01-2070 Development Coordination Office Notary ID 130561030 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial ��qqff FTRevtse51,fb tr STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of X 6 , on this day personally appeared Donald J. Dykstra, President (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Bloomfield Homes, LP, a limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c�a day of,�-) 20 Y ''' GINA HICKMAN SP,KPVeI�' Notary Public,state of Texas Notary Publi"ind for the Comm.. Expires 09-26-2019 Notary ID 124694606 State of OFFICIAL RECORD CITY SECREI"ARY ROW Encroachment Agreement-Commercial FIf �� Revtse 1 EXHIBIT A Map of Easement and Encroachment OFFICIAL RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial FT-Aa a ATof2TK EXHIBIT " A " BLOOMFIELD HOMES, L.P. INST.# D217271805 COTTAGES AT I O.P.R.T C.T. I IUTSON OAK o I � viF BLOCK 1 N F ABSTRACT NO.266 I o o ✓' ��_ _ ._.. �... --...---— F z n HUTSO N OAKS LANE 50'RIGI1'T OF WAY Z P.O.C. 518"REBAR .y. L I 'GORRONDO A 12"REBAR"ARTHUR SURVEYING COMPANY" &ASSOC" QN89°48'22"E 134.03' 784 74727-7 202.65' Q � 0 P.O.B. Q F Line Data Table TREE HOUSE FAMILY,LLP. INSTA D207244639 I Q� O.P.R.T.C.T. U ()T I Line# Distance Bearing I q L1 7.50' S00°1198"E U 1—� Q LEGEND OF ABBREVIATIONS MONUMENTS/BEARING BASIS CRS 0 1/2"rebar stamped"JPH Land Surveying" set P.R.T.C.T. Plat Records of Tarrant County,Texas MNS O Mag nail&washer stamped"JPH Land Surveying" set O.P.R.T.C.T. Official Public Records of Tarrant County,Texas Monuments are found if not marked MNS or CRS. D.R.T.C.T. Deed Records of Tarrant County,Texas Bearings are based on Grid North,Texas Coordinate POB/POC Point ofBeginning/Point of Commencing System of 1983,North Central Zone NOTES: LEGEND 1. Screened information is planned future — —property line development under review with the Citycenterline of Fort Worth under Case No.FP-17-059 =!�X4 A�� (ERE N°O• L a N d 03 °gyp°. °"� G�,. °• Jewel Chadd '4 �•°°' w5� Registered Professional Land Surveyor No.5754 jewel@jphls.com / 0 50' 44VD S Date:November 8,2018 Su`le", Scale: l"=so' RIGHT-OF-WAY ENCROACHMENT JPH Job No. SITUATED IN THE 2015.009.008 Alta Vista-Hutson Encroachment.dwg FRANCISCO CUELLA SURVEY ©2018 JPH Land Surveying,Inc.-All Rights Reserved 807 Bluebonnet Drive,Suite C Keller,Texas 76248 ABSTRACT NO. 266 Telephone(817)431-4971 www.jphlandsurveying.com CITY OF FORT WORTH TBPLS Firm#10019500#10194073 410193 867 DFW I Austin I Abilene TARRANT COUNTY,TEXAS " " Line Data Table EXHIBIT A N Line# Distance Bearing a o L1 2.50' S00°11'47"E TERESA ANN LODDICK cn N E-! L2 12.83' N89°48'13"E INST.#D210118350 I O it 9L A 0� CITY OF FORT WORTH O.P.R.T.C.T. I � p INST.#D211103939 L3 2.31' N59°48'13"E INGRESS AND EGRESS EASEMENT O.P.R.T.C.T. INST.#D210118350,O.P.R.T.C.T. CITY OF FORT WORTH RIGHT-OF-WAY RIGHT-OF-WAY EASEMENT INST.#D211103957 ENCROACHMENT INST.#D217276583,O.P.R.T.C.T.— O.P.R.T.C.T.' P.O.C. 15.13 FEET N89048'13"E 133.44' �N89048'13"E 750.99 cxs i z HUGH E.PEISER & LI L3 ' L4DD.IC'K LA1tiTE BARBARA K.PEISER L2 <0' RIGI-I F OF WAY INST.#D200238250 EBAR O.P.R.T.C.T. P.O.B. ...... LOT 12 BLOOMFIELD HOMES? L .cITY OF FORT WORTH FRANC OSCO CUELLA SURVEY. � INST.# D217271805 INST.#D211078053 AB27RAC T No. O.P.R.T.C.T. O.P.R.T.C.T. I-or Io r.o'C 9 BLOCK 5 v LOT II CO�T AGE l T MERVILLE L.DENMAN JR. r^C10 fJUTSON O y C_.O'II I &LILLIAN O.DENMAN V `M VOL. 11083,PG. 1061 BLOCK. 3 D.R.T.C.T. 1,01'8 LEGEND OF ABBREVIATIONS MONUMENTS/BEARING BASIS P.R.T.C.T. Plat Records of Tarrant County,Texas CRS p 1/2"rebar stamped UPH Land Surveying" set O.P.R.T.C.T. Official Public Records of Tarrant County,Texas MNS O Mag nail&washer stamped JPH Land Surveying set D.R.T.C.T. Deed Records of Tarrant County,Texas Monuments are found if not marked MNS or CRS. POB/POC Point of Beginning/Point of Commencing Bearings are based on Grid North,Texas Coordinate System of 1983,North Central Zone NOTES: LEGEND I. Screened information is planned future -property line development under review with the City centerline of Fort Worth under Case No.FP-17-059 ®F E S 1,a N d Jewel Chadd Registered Professional Land Surveyor No.5754 jewel@jphls.com 0 50' Date:November 8,2018 s ut J e�1� scale: I"=50' RIGHT-OF-WAY ENCROACHMENT JPH Job No. SITUATED IN THE 2015.009.008 Alta Vista-Loddick Encroachment.dwg FRANCISCO CUELLA SURVEY ©2018 JPH Land Surveying,Inc.-All Rights Reserved 807 Bluebonnet Drive, Suite C Keller,Texas 76248 ABSTRACT NO. 266 Telephone(817)431-4971 www.jphlandsurveying.com TBPLS Firm#10019500 410194073 410193 867 CITY OF FORT WORTH DFW I Austin I Abilene TARRANT COUNTY,TEXAS EXHIBIT " A " ABSTRACT No.266 /�N.T.S.� � \ 0- I / L, BLOOMFIELD HOMES,L.P. '' INSTN D217271805 �a LS ' N Lf O.P.R.T.C.T. o T q a CO'FrAGES AT HUTSON OAK 0 E-- 0 BLOCK 1 J // ! �2� f 1 N.T.S. ' 1.07 2 I I0 x \� 1 U IIUT.SON 0A KS L.A NIF �\ 1 I / 50'RIGIIT OF WAY / L3 \ O /2"RF,RAR"ARTHUR SURVEYING COMPANY" N89048'227E 336.68' V1 x (PROPERTY LINE) Line Data Table Line# Distance Bearing TREE HOUSE FAMILY,LLP. i O a N INST.#D207244639 P� ~ L1 0.70' N89°48'22"E O.P.R.T.C.T. X L2 1.93' N74°48'22"E J L3 329.43' N89°48'22"E LEGEND L4 1.93' S75°11'38"E centerline retaining wall property line L5 6.70' N89°48'22"E I L6 5.60' j N83°21'30"W LEGEND OF ABBREVIATIONS MONUMENTS/BEARING BASIS P.R.T.C.T. Plat Records of Tarrant County,Texas CRS p 1/2"rebar stamped"JPH Land Surveying" set O.P.R.T.C.T. Official Public Records of Tarrant County,Texas MNS p Mag nail&washer stamped"JPH Land Surveying"set D.R.T.C.T. Deed Records of Tarrant County,Texas Monuments are found if not marked MNS or CRS. POB/POT Point of Beginning/Point of Termination Bearings are based on Grid North,Texas Coordinate N.T.S. Not to Scale System of 1983,North Central Zone NOTES: 1. Screened information is planned future development under review with the City T E �� °y� of Fort Worth under Case No.FP-17-059. ERE� i 2. Retaining wall is located north of the property line,as shown hereon. C4D:4� a N d •N �� . O� 0 4b 60' Jewel Chadd Registered Professional Land Surveyor No.5754 X040 jewel@jphls.com t e� January 15,2019 Su Scale:l"=60' JPH Job No. RIGHT-OF-WAY 2015.009.008 Alta Vista-Retaining Wall Encroachment.dwg ENCROACHMENT ©2019 JPH Land Surveying,Inc.-All Rights Reserved 785 Lonesome Dove Trail,Hurst,Texas 76054 SITUATED IN THE Telephone(817)431-4971 www jphlandsurveying.com FRANCISCO CUELLA SURVEY TBPLS Firm#10019500#10 194073#10193867 Abilene Austin ABSTRACT NO. 266 DFW 11 11 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 11 of 12 Revised 12/2018 Exhibit B A` ® 7EJ(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE ,19,2018 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 CONTACT NAME: Dallas Certs Hotchkiss Insurance Agency, LLC PHONE g00-899-3750 a No):972-512-7799 4120 International Parkway tAIC,E-MAIL Suite 2000 ADDRESS: dallascerts@hialic.com Carrollton TX 75007 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Builders Insurance Company 16632 INSURED BLOOHOM-01 INSURER B:Texas Mutual Insurance Company 22945 Bloomfield Homes, LP; Bloomfield Properties, Inc; Justin Timberbrook, LLC INSURER C: United Specialty Insurance Company 12537 1050 East HWY 114#210 INSURER D: Southlake TX 76092 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:777749377 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 ADDLSUBRPTYPE OF INSURANCE INSO WVD POLICY NUMBER MM LLICY EFF POLICY EXP TR IDDfYYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PKGO07367811 11/10/2018 11/10/2019 EACH OCCURRENCE $3,000,000 �OCCUR DAMAGE S( RENTED PREMISE CLAIMS-MADE S Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY ]JjECT 7]LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ A AUTOMOBILE LIABILITY PKGO07367811 11/10/2018 11/10/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLA LIAB X OCCUR TBN1815021 11/10/2018 11/10/2019 EACH OCCURRENCE $10,000,000 X EXCESS LIAB BUN1810137 11/10/2018 11/10/2019 CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$n $ B WORKERS COMPENSATION TSF0001185234 11/10/2018 11/10/2019 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The general liability policy includes a blanket additional insured endorsement(BIG GLECE 04/13)when required by written contract. The general liability policy includes a blanket waiver of subrogation endorsement(BIG GLECE 04/13)when required by written contract. The general liability policy includes a special endorsement with Primary and Noncontributory wording(BIG GLECE 04/13). The Hired Car Non-owned coverage is subject to the General Aggregate Limit on the above referenced General Liability section. CERTIFICATE HOLDER CANCELLATION 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—CFA Office P N 18-00139 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 r ©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 Legal Description of the Property ROW Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 Exhibit C JPH land Surveying, Inc. LaNd Dallas-Fort Worth * Austin * Abilene �4 FIELD NOTES to that certain tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant County, Texas, said tract being a replat of Lot 2, Block 1 of the Slough DVM Addition, according to the plat recorded in Cabinet o-0 A, Slide 11737, Plat Records, Tarrant County, Texas; together with a 4.872 acre tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260962, Official Public Records, Tarrant County, Texas, a 3.980 acre tract of land described in a warranty deed to Brickstone Development, L.P. recorded in document D217016994, Official Public Records, Tarrant County, Texas, and a 4.168 acre tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260920, Official Public Records, Tarrant County, Texas and situated in the Francisco Cuella Survey, Abstract No. 266, Tarrant County, Fort worth, Texas; the subject tract being more particularly described as follows: BEGINNING at a Mag nail with a metal washer stamped "JPH Land Surveying" drilled into a hinged utility vault located at the most easterly northeast corner of the tract described in the deed to Ronald N. Lewandowski and William L. Rogers, recorded under Instrument Number D215260920, Official Public Records, Tarrant County, Texas; THENCE SOUTH 00 degrees 04 minutes 19 seconds EAST, with the west line of the tracts described in the deeds to the City of Fort Worth, recorded under Instrument Numbers D210259112 and D210259109, each of the Official Public Records of Tarrant County, Texas, a distance of 345.85 feet to a 5/8 inch rebar with cap stamped "GORRONDONA & ASSOC" found at the southwest corner of said City of Fort Worth (Inst. D210259109) tract; THENCE SOUTH 89 degrees 48 minutes 22 seconds WEST, with the north line of the tract described in the deed to Tree House Family, LLP, recorded under Instrument Number D207244639, Official Public Records, Tarrant County, Texas, a distance of 336.68 feet to a 1/2 inch rebar with cap stamped "ARTHUR SURVEYING COMPANY" found at the northwest corner of said Tree House Family, LLP tract; THENCE SOUTH 00 degrees 08 minutes 43 seconds EAST, with the west line of the Tree House Family, LLP tract, a distance of 240.00 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the southwest corner of the Tree House Family, LLP tract; Dallas-Fort Worth Austin Abilene 807 Bluebonnet Drive,Suite C 13563 W SH 29,Suite 4 500 Chestnut St.#1621 Keller,Texas 76248 Liberty Hill,Texas 78642 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 W W W.JPHLANDSURVEYING.COM Exhibit C THENCE NORTH 89 degrees 48 minutes 22 seconds EAST, with the south line of the Tree House Family, LLP tract, a distance of 2.80 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the northeast corner of Lot 2, Block 1, Slough DVM Addition, recorded in Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas; THENCE SOUTH 00 degrees 11 minutes 38 seconds EAST, with the east line of said Lot 2, a distance of 199.41 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the southeast corner of Lot 2; THENCE SOUTH 89 degrees 45 minutes 44 seconds WEST, with the south line of Lot 2, a distance of 726.46 feet to the southwest corner of Lot 2, from which a 1/2 inch rebar found bears SOUTH 00 degrees 03 minutes 10 seconds WEST, a distance of 84.20 feet, also from which a 1/2 inch rebar found bears South, a distance of 400.00 feet, also from which a 1/2 inch capped rebar stamped "CBG SURVEYING" found bears SOUTH 32 degrees 56 minutes EAST, a distance of 0.55 feet, and from which a 3/8 inch rebar found bears SOUTH 81 degrees 02 minutes WEST, a distance of 6.53 feet; THENCE NORTH 00 degrees 03 minutes 10 seconds EAST, with the west line of Lot 2 and the west line of the tract described in the deed to David Edward Hall and Phyllis Ann Hall, recorded in Volume 7340, Page 71, Deed Records, Tarrant County, Texas, a distance of 439.97 feet to a metal fence post found at the northwest corner of said Hall tract; THENCE NORTH 00 degrees 11 minutes 47 seconds WEST, with the west line of the tracts described in the deeds to Ronald N. Lewandowski and William L. Rogers, recorded under Instrument Numbers D215260962 and said D215260920, each of the Official Public Records of Tarrant County, Texas, a distance of 375.80 feet to a 1/2 inch rebar found at the northwest corner of said Lewandowski and Rogers (Inst. D215260920) tract; THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the north line of the Lewandowski and Rogers tract, a distance of 884.43 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the most northerly northeast corner of the Lewandowski and Rogers tract; THENCE SOUTH 00 degrees 08 minutes 45 seconds EAST, with the most northerly east line of the Lewandowski and Rogers tract, a distance of 30.00 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at a reentrant corner of the Lewandowski and Rogers tract; THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the most easterly north line of the Lewandowski and Rogers tract, a distance of 175.00 feet, Exhibit C returning to the POINT OF BEGINNING and enclosing 16.325 acres (±711,123 square feet). Basis of Bearings The Texas Coordinate System of 1983, North Central Zone (by GPS observation). Jewel Chadd Registered Professional Land Surveyor No. 5754 Firm #10019500 jewel@jphls.com March 3, 2017 Job No. 2015.009.008