Loading...
HomeMy WebLinkAboutContract 51825-CA1 jR5CS1VEd CITY 0V V05WRV CITY SECRETARY CI1Y SECRETARY CONTRACT NO. 5�5 - '1q k ASSIGNMENT AND CONSENT OF ENCROACHMENT LICENSE AGREEMENT THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into by and between (1) the CITY OF FORT WORTH, a Texas home rule municipal corporation ("C "), acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director; (2) Westover 360, LLC, a limited liability company ("Assignor"), acting by and through its duly authorized Manager; and (3) CFT NV Development, LLC, a limited liability company ("Assignee"), acting by and through its duly authorized Manager. Hereinafter, City, Assignor, and Assignee may be referred to individually as a"Party"or collectively as the "Parties." WITNESSETH: WHEREAS, the City previously entered into an Encroachment License Agreement, City Secretary Contract No. 51825 (the "Prior Agreement"), with Assignor, the then-owner of certain real property (the "Proper ") more particularly described in the Prior Agreement and the exhibits attached thereto; and WHEREAS, that Prior Agreement, filed on February 4, 2019 and recorded as Instrument No. D219024534 in the Real Property Records of Tarrant County, Texas, is attached hereto with exhibits and collectively labeled as "Exhibit A" to this Assignment and incorporated herein by reference as if set forth in full; and WHEREAS, the descriptions of the affected City's Easement and the encroachments are set forth in the Prior Agreement and exhibits attached thereto, which are incorporated herein by reference for all purposes; and WHEREAS, Assignor has sold the Property to Assignee on February 12, 2019 as evidenced by a deed recorded as Instrument No. D219027731 in the Real Property Records of Tarrant County, Texas; and WHEREAS, Assignor desires to assign the Prior Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates all duties and obligations under the Prior Agreement to Assignee. O('F�FICIALL RECORD Encroachment License Assignment Agreement �1teviisSef gTI8 RY FT. WORTH,TX 2. Assignee hereby accepts the Assignment granted herein and assumes all of Assignor's rights, duties, and obligations under the Prior Agreement. 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Prior Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Prior Agreement as of the Effective Date of this Assignment. 6. Assignor represents, warrants, and covenants with City and Assignee that, as of the Effective Date, Assignor is not in default of any of its obligations contained in the Prior Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Prior Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Attention: Director Planning and Development Department 200 Texas Street Fort Worth, Texas 76102 Assignor Westover 360, LLC 556 8th Avenue Fort Worth, TX 76104 Encroachment License Assignment Agreement Revised 12/2018 Assignee CFT NV Developments, LLC 1120 N. Town Center Drive, #150 Las Vegas, NV 89144 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as "Exhibit B" to the Prior Agreement is hereby deleted and replaced with the attached Certificate of Insurance for the Assignee, labeled as "Exhibit B, Revised." 12. All terms and conditions of the Prior Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Any capitalized terms not defined herein shall have the meaning assigned to them in the Prior Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment License Assignment Agreement Revised 12/2018 ASSIGNOR: ASSIGNEE: WESTOVER 360, LLC CFT NV DEVELOPMENTS, LLC a Limited Liability Vmpanya Limited Liability Company By: By: Nat e: K-lack House Name: Title: Manager Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me by Mack House as the Manager of Westover 360,LLC, a limited liability company, on behalf of said entity. � l o ry Public, State of MY GLENNA MOTTTHORNTON [NOTARIAL SE Notary ID # 10553938 My Commission Expires a,.r� June 14,2020 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Encroachment License Assignment Agreement Revised 12i2018 ASSIGNOR: ASSIGNEE: v ados,Ufl a a O Wg cos<Vq By: By: Name: Name: ?e jjl j�iaK� GW.4'nj Title: Title: MctKT*' ACKNOWLEDGMENT 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 CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On + uctt ,2019,before me, 4 (70 A' ,Notary Public,personally appeared TS"ly: ,Uv ,who proved tome on the basis of satisfactory evidence to be the perso*)whose nam (s)is/4e subscn ed to the within instrument and acknowledged to me that-he/she/t1oy executed the same in 4ris/her/their authorized capacity,(ks),and that by iris/her/their signaturoo on the instrument the personae),or the entity upon behalf of which the personj4 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 correct. WITNESS my name and official seal. r HANNAH GOUDIE zi Notary Public•California :i Los Angeles County Commission°2240606 NotaryPublic in and for the My Comm.Expires Apr 30,2022 State of California l� My commission expires: Encroachment License Assignment Agreement RE: Panda Express,Inc.,a California corporation OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Encroachment License Assignment Agreement Revised 12/2018 APPROVED AS TO FORM AND CITY OF FOR ORTH LEGAL Trey Oualfs kandle o , Director Assistant City A-OMey Planning and Devel m t Department Date: / ATTES ?' OR Cit S cretar y. - �W' [No M&C Required] Pj �•. fir., �rJ�, STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �, 20 by Randle Harwood, as the Director of the Planning and Development Department of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of the City of Fort Worth. Notary Publ' State of [NOTARIAL SEAL] JENNIFER LOUISE EZERNACK �l�'...L6�i ??' �:Notary Public,State of Texas Comm. Expires 03-01-2020 °;, `� Notary ID 130561630 OFFICIAL RECUkO CITY SECRETARY FT WORTH,TX Encroachment License Assignment Agreement Revised 12/2018 Contract Compliance Manager By sig-nina I acknoviledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ja"XIA—� .)`l /an-ie S. Morales Development Manage_ OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT A PRIOR AGREEMENT WITH ATTACHED EXHIBITS Encroachment License Assignment Agreement Revised 12/2018 Exhibit A CITY SECRE-TA.".�' OONTRACT 1q0. 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, Assistant City Manager, or Planning and Development Director, and Westover 360, LLC, a limited liability company ("Licensee"), owner of the real property located at 4208 Highway 360, Fort Worth, Texas 76018 ("Property"), acting by and through its duly authorized manager. 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 sanitary sewer and drainage easement (the "Easement") in 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/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; 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 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 in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A,but only to the extent shown thereon, for the purpose of installing a private utility that crosses a city server and drainage easement (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. Easement Encroachment Agreement-Commercial Page I of 12 Revised 12/2018 2. All constriction,maintenance,or operation in connection with such Encroachment, use, and 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. Licensee shall submit all plans and specifications to the applicable Director or 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, which approval shall not be unreasonably conditioned or withheld, 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. 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 securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation,relocation, or repair of any existing or necessary future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly as a direct result of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to the 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 their duly authorized representative, so long as such amount is commercially reasonable. 4. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that the 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 the 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 Easement 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 Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting strictures 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 of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty(30) years, commencing on the date this Agreement is executed by the City. However, this Agreement maybe 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. To the extent allowed by law, at the natural expiration of the present thirty-year term, subsequent agreements may be considered at the City's option on substantially the same terms and conditions as the present Agreement. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon 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. 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 Easement Encroachment Agreement-Commercial Paae 3 of 12 Revised 12/2018 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 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 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 $190009000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward in commercially reasonable and appropriate amounts 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 restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/20 t 8 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 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. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, in the event that Licensee is found to be in default of the terms of this Agreement, the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 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] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY OF FORT `V TH Westover 360, LLC Randle Har7ood, Director Name: Mack House Planning & Develo ent Title: Manager Date: t �' Date: /—Z Y->a/ By: Name: Title: Date: ATTEST: f Approved As To Form and Legality Cit Secreta { Tizy QuaEIs, s t CityAtt=cPy r 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 r and re orting requirements. Janie S. Morales Development Manager Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 12/2018 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C,. day of 20 d e Notary Public in and for the State of Texas After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 L N` �n ;fir Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 12/2018 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 Mack House, Manager (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 Westover 360 LLC, a limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this 24th day of January, 2019. Notar, Public in and for the State of n ���*�f-'�� ,;,�1�j,i�ar�ai E"tr4,(sr,�,BC��f`�e•;a� �' Carters.F;;par-_s 13-35-2420y NOUDy W 3,14634-5 Easement Encroachment Agreement-Commercial Paae 9 of 12 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Exhibit A T-I Q / o w I - w z a a- N o N � � z - Q a 4- X N I'^ y a 01 w O w Z O N N I Z Ind O ,� _ _ � UNi- r w Qo a ~ m Z = � M LLJ LLl I W M w zao o > I w � N 0 ¢ ' �wN I LU z ~ a N I "' O zof WJZ � 1� O� ; � W � �i U '"' "'C.J O � O o a w N C)fQ zLn zQQ � I O N W a f~ � l � N I w I U / U Z w 2 1 � v G - - - - - - - N � ` � - - - - - - - - - - SNI Ex 48"SD "S Ex.48"SD Ex,48"SD Ex.48" D Ex.�"SD Ex.48"SD Ex.48"SD 'x3 SS„8' ss.,8' ss�,Vx3 „8'x3 Ex. Ex.B"SS Ex.8"SS — -- — — — — — -- — — a X O — — — — — — — — - Y W 0 N — — w Z z ;� TM.,bZ'x3 lM,bZ'x3 M„bZ' T „bZ'xd lM„bZx3 M"bZ' l ,bEx3 F— 1M„bZ'x3 lM"bZ'x3 lM V - - - -- - - - - - - - - - - - - - - - - - - -__ Lu - - - - - - - - - - D 0.0 ' 3 1 a U0 o z w O Z M U � Z o Q ' 1 � o � I W Z �) J Ex.GAs W Z [i U_ Ex.GAS 8 W O _� f-- V) z - - W - > // �E N o? o Ex.TELE Ex.TELE 0 O .TELE — —Ex.TEL � i' CJ �', � w W Q ry Z F W d N 1— Q : F w as.zb'x3 as,ab xa NO U O N VI--) a O W (� EX. W O D 9 z O _v O x w N — W o W LL LL CL, N � — 1— o � Ow0 _ O _U xr � W Jd� J -��� CLW � CI- > W m L p � G CLNLLd- LL- +I Ogg O � � f- $ ¢ Fp0 09£ AVMHJIH �1d1S a o Q � � z ° o y Za0 2" W y Exhibit A z w 3 F z o U w LLL CO Jo�oQa U Q a wok=moo o ?fd. iCLT.T' : : x. Z g a w GSW z ,�: 7-4 1 . 71. ZZ.7PS PI : ] ; w: Lry >- z U~ja:V1z• : : : : : : : : : V): �.U�:0: U- ULLI ix sm 07 all. `y a•w- +' Q"Z-V : w:J- z � .v): a•�; . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit A z �• H w w a�� w z � �Izw� w 3 F ry z o 1 0 i 1: .. I:I : �i � � W LL.. � O rc t�a � It i`�.p tl U LL.I L�.1 a �/J _ o Z u 6 0 \ :I O cld x d it u O ( W <w c 2 v ° m d" .8i JMLVX3 Ol GI U F Ow v ^a z Q � in�zviww a a 1.13NNq;8 TNAY314 OcU75 W :8f JNtlGX9 3AC/Lf8 C i l i; d^b X "..Rt 'cYYkl:SO'OG+),Y1S i t:t �i i1SI09 W ^ _ vtl� -H 7 �� W Cn +CD a z J +I r>� H- --i � J � J z � zLL Q z O F— p � jCLU n � c�nv O Q bG'86>o r Cl) d U ,� ,� \ 9 a: cn > c� � OcfiJz0wa LL J 1 V) ac!) OUaUa tk1 Y6:61�y.9�ly �. GOLU .9+l:Y1S u U it w �C Ln m2\1 ;. < � pw II Q (I) z J f'S'*+SY V CJ T 146, pQ h ZZ160 JIB � 1 a.I 69'OltO Y1S; � �: i i i i li i 1,V j , DNU53 31C1_ L' -MLSlR3 dL 13- :"i fi � Z£`.C6f^.M'.*9,1!4 't!C> 00 00:`0 1S: _ :cC21. X3 1 JQ3m J o . �•A: 1 Lam. g Exhibit A VICINITY MAP 183 w C2 U SOVEREIGN 360 CENTER PORT ADDITION LOT 2R-1,BLOCK 102 INST.D218299123 CENTRE STATION z = O.P.R.T.C.T. 0 Z_ Q Q ENCROACHMENT SITE Y AREA OO m Ln W c,' TRINITY m LOCATION MAP NOT TO SCALE Project No.104-18-006 Date:11/15/20181 Pagel of 3 Drawn by:SA Checked by:MD2 '" B A N N I STER ENCROACHMENT AGREEMENT- VICINITY MAP rk PORTION OF LOT 2R-1, BLOCK 102,CENTREPORT ADDITION rr_ E N G I N E E R I N G OUT OF THE VICENT J, HUTTON SURVEY,ABSTRACT NO. 681 240 North Mitchell Road I Mansfield,TX 76063 1 817.842.2094;817.842.2095 fax Ci FY OF FORTWORTH,TAR RANT COUNTY,TEXAS TBPLS REGISTRATION NO.10193823 EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 1 1 of 12 Revised 12/2018 Exhibit B Client#: 850( 1 STOGRO DATE(MM/DD/YYYY) ACORD-. CERTIFICATE OF LIABILITY INSURANCE 1/14/2019 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 poiicy(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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Wortham PHONE g17 336-3030 FAX 817 336-8257 1600 West Seventh Street IC, a�� Ext: A/c,No: ADDRESS, Fort Worth,TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B: The Westover Group, L.P. INSURER C: 556 8th Ave. INSURER D Fort Worth,TX 76104 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 CONTRACTOR 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. LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MWDD A X COMMERCIAL GENERAL LIABILITY ENP0036706 9/08/2018 09/08/201 PpEACH OCCURRENCE $11000 000 CLAIMS-MADE �OCCUR PREMISESO soccTu ence $500,000 MED EXP(Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 r,OTHER: L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000PRO PRODUCTS-COMP/OPAGG $3,000,000 POLICY❑JECT LOC $ A AUTOMOBILE LIABILITY EBA0036706 9/08/2018 09/08/201 E S Oac.(d.n, INGLELiMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR ENP0036706 9/08/2018 09/08/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PTAT TE ORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (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) GA472 10/01 -Automatic Additional Insured When Required By Written Contract With You AA4171 11/05-Additional Insured by Contract Named Insured Is Continued To Read:Westover 360, LLC CERTIFICATE HOLDER CANCELLATION CI of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning&Development-CFA Office PN18-00172 ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE Marsh NfoofMa ,�.yfj'� a c�visbn of Marsh USA Inc /�—� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1011886/M957159 18TLM EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 EXh,ihit C ' F-5 a X3` �• �cqF Ea= S ! i !a J9ff a yl �6r i'3 e W 146 TIP. f e iii '2i ; to €E aE` qr � 4 g .21 Eli laFja� 3 = 4 a9 �I e Hill c €cgs 3ge's� 9 ¢ age ° fills 224 I F 06'99E ME.moo a 14Tf Z OF AY,IL.iC.OB a a�i ,/C'BB[Y.i'u.KC o B G a Tr; Q yem .a ay. ,1 g —J tr - - T Ealta,AM NunSi EASlL(Nt � ^ � - v., — — — -- — —n oo•fe'sB'9.IBv.00'— — ay.aso-._,v,e•� ay.rsaw. ,i— b' n oe•+a w�zeaze• 8B: '_1 L HIGH WAY 360 - }S,'I� �L I./ �,. �I'i,s lei Eg���� i3��d�P�g 8��i`��'� s�! � ;!•� � '�� �� i;� I 7J aa � 9 a '��jg �t f9a Fid g ge ` 4• Sdd' dR'�aJ$ Nonni gJS9 7 dy! l377pp, � � �&4fpll;d 1,36di5i id[s�'{d" f d Yr R dl ° 5 3R5 t f� �._✓. -'��= P, i f°add€'E 't 11 1.41 (,tom r 3 MARY LOUISE NICHOLSON >= COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 PHONE (817)884-1195 CITY OF FORT WORTH 200 TEXAS ST FT WORTH; TX 76102 Submitter CITY OF FORT WORTH CFA OFFICE DO RIOT DESTROY WARNING - THIS IS PAIN OF THE OFFICIAL RECORD. Filed For Registration: 2/7/2019 10:24 AM Instrument#: D219024534 E 18 PGS $80.00 -- — t0a 6y: D219024534 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment License Assignment Agreement Revised 12/2018 Exhibit B, Revised Page 1 of 1 Ate, R�� CERTIFICATE OF LIABILITY INSURANCE DATE(M0/2019 OS/10/2019 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 Willis of Illinois, Inc. NAME: c/o 26 Century Blvd IAJC,PHONNo E . 1-877-945-7378 aC No: 1-888-467-2378 E-MAIL c P.O. Box 305191 ADDRESS: ertificates@will is.com Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC A INSURERA: National Union Fire Insurance Company of P 19445 INSURED INSURER B: XL Specialty Insurance Company 37885 CPT NV Developments, LLC - 1683 Walnut Grove Avenue INSURERC: New Hampshire Insurance Company 23841 Rosemead, CA 91770 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W11217136 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. L R TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDY/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE � OCCUR PREMIES(RENTED 1,000,000 PREMISES Ea occurrence $ A X SIR applies per pol. MED EXP(Any one person) $ Excluded X terms 6 conditions 6412211 04/01/2019 04/01/2020 PERSONALS ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY❑ PRO � JECT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: Liquor Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CA 499-31-48 04/01/2019 04/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE US00074849LI19A 04/01/2019 04/01/2020 AGGREGATE $ 5,000,000 DIED I X I RETENTION$ 10,000 Prod / Comp Ops Agg $ 5,000,000 WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C ANYPROPRIETOR/PARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUC No N/A 1277274 04/01/2019 04/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 05/09/2019 WITH ID: W11214092. Re: Store #3106, Panda Express, 4200 Hwy 360, Fort Worth, TX 76155 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Planning 6 Development - CFA Office AUTHORIZED REPRESENTATIVE PN19-00047 200 Texas Street d Fort Worth, TX 76102 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 17952730 BATCH: 1194167