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HomeMy WebLinkAboutContract 53087 �c�� Q�� CITY SECRETARY ��' ��° CONTRACT NO. 530 81 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 OGC Main Street,LP, a(n) limited partnership ("Licensee"), owner of the real property located at 2315 North Main Street, Fort Worth, Texas 76164("Property"), acting by and through its duly authorized representative. 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 arcade supports within street right-of- way (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. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX {00608751} ROW Encroachment Agreement-Commercial Page 1 of 12 Revised 12/2018 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 reasonably determined to be 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 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. f006087511 ROW Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 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 Initial Term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. Upon the natural expiration of the Initial Term, the Agreement shall automatically renew under the same terms and conditions for ten (10) year renewal periods unless terminated earlier in accordance with this Agreement. . 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. 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, {006087511 ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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, in its reasonable discretion 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 Public Right-of- Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. The insurance coverage requested herein may be provided by Licensee's contractors performing the construction and maintenance of the Encroachment. 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. f006087511 ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 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. 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 f006087511 ROW Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 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 22. The City's governmental or sovereign immunity is not waived by any provision of this Agreement. There are no third party beneficiaries to this Agreement, intended or otherwise. [SIGNATURES APPEAR ON FOLLOWING PAGE] f006087511 ROW Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY OF FORT W TH OGC MAIN STREET,LP By: By: R ndle Harw d, Director Name: R.lHuhttr GcVdi3,4n Planning&Development Title: Authorized fiepresentative Date: 11 11,6 In Date: g-Z77- 2 o t`? By: Name: Title: Date: F�R7 AT T: Approved As To Form and Legality ity Sec eta y I ;A f� Troy(�"ftl4s yArec M.=kv X Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this ontract. including ensuring all performance 0- 2 a d rep rting requirements. Janie S. Morales Development Manager OFE9ClAL REC ORS CITY SECRETARY FT WORTH" )C {00608751} ROW Encroachment Agreement-Commercial Page 7 of 12 Revised 12/2018 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 day of AlU , 20 N ry Publi i and forth State of Texas JENNIFER LOUISE EZERNACK 1P `d i Notary Public,State of Texas After recording return to: oF +` Comm.Expires 03-01-2020 Planning & Development '�n,,,,�r` Notary ID 130561630 Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX f006087511 ROW 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 , on this day personally appeared R. Hunter Goodwin, Authorized Representative 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 OGC Main Street, LP, a limited partnership (entity type), and in the capacity therein stated. .�,� GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of a4Awow , 20ft . /Y\Ar _ - MELANIE ANN PHILLIPS �uR/ V�V `.<pFY Pb6 i 1^�L,� ( .o: ��Notary Public, State of Texas 1 -�D(�V .'Q; Comm. Expires 02 28 2021 Notary n an Public id for the Notary ID 7133675 State of T4A9.11O *Page {00608751} ROW Encroachment Agreement-Commercial Revised 12/2018 EXHIBIT A Map of Easement and Encroachment {006087511 ROW Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 dl 133IL15 NIVW 390 C) O X.L'HaOM HiMOJ KI H i H jili 'IS OR 9'iS NIVW NINONN , ff 9 ljij q1joM lio.1 salins jjjqSupds t TWENTY-FOURTH SMEU(W.R.O.W.) .04 0 Jnk x pisfflnh p4e 0 T i Hea 2Z 14 -j ........... __ aR T. TWENTY-THRQSTREEI` (60-R.O.W.) OLE N RIGHT OF WAY ENCROACHMENT EXHIBIT „All LEGEND 0 10 20 These standard symbols will be found in the drawing. Q SURVEY MONUMENT BOUNDARY LINE SCALE: 1"=10' r — ADJOINER PROPERTY LINE — EASEMENT LINE POB POINT OF BEGINNING ISAAC THOMAS, A-1526 POC POIN70FCOMMENCMENT FORT WORTH, TARRANT "Y. CHISELED Y FOUND COUNTY, TEXAS LOTR 2 BL OCKI PA M. G.ELLISADDITION LINE eE N E DlS7ANCE o ' LI S00 0042•E 0.76' ! VOL,388-89,PG.16(D.R.T C.T) Lz s89s6'_W 29.99' / _ L3 NDD 01'3 E 1 0.66' Q 19 N894I47•E 19.99' OPF,NSPACEEASEMENT E PERPLA7 2.6'X2 6'CONCRETECOL LIMNS V 386-89,PG.16 = WITHOVERHANG L4 L 1111Z/ 4 9.98' aOB — — 3315 POC ' _ _ or oe 1 I RIGHT OF WA YENCROA CHMENT (21.250UAREFEET) TWENTY-THIRD STREET G ES S N ER (CAL LED 60'RIGHT OF WAY) ENGINEERING NOTES. CIVIL I CNITfGEOTECHNICAL 1. METESANOBOLINDSDESCRIP77ONSOFEVENDATEHEREWITH70ACCOMPANYTHIS SURVEYPLAT. 2. R45I50FBEAR/NGSARESURFACE41EASURE4lENTSANDREFERTO4HETEXA55TATE PLANECOORDINATESYSTEM,NORTH CENTRAL ZONE0202),NAD83DATUM•AS087AINED CORPORATE OFFICE BYGPSOBSERVATIOIVSANDREFERENCED T07HELEIC4 SMARTNET NETWORI(OFNORTH 2501 ASHFORD DRIVE AMERICA. COLLEGE STATION,TEXAS 77840 www.gessnerengineering.com i COLLEGE STATION 979.680.8840 BRENHAM 979.836.6855 FORT WORTH 817.405.0774 SAN ANTONIO 210.305.4792 CERTIFICATE OF SURVEYOR FIRM REGISTRATION NUMBERS: TBPE F-745LTBPLS F-10193910 MICHAEL KONETSKI,REGISTERED PROFESSIONA L I A AD SURVEYOR NO, 6531,INTHESTATEOFTEXA5 HEREB Y CER TIFY THA T THIS PLA TSURVEY PLAT PERTY AS/HA EDETERMINED THEM TO BE,AND WASPREPARED FROMAN co A CTUA L SUR VEY OF THEPROPER TYMADE UNDER M YSUPER VISION ON ..............••• ISSUE DATE: 2-20-19 THE GROUND,ANDTHATITINDICA TES EA SEMEN TSAND FENCES A5THEY MICHAEL KONETSKI ............................ . AREVISIBLEONTHEGROUND,AADTHATTHEREARENODISCERNABLEDRAWN BY: KL ENCROACHMENTS CONFLICTS,ORPROTRUSIONSEXCEPTASSHOWN f`•o fi531 HERE0,V ` ��ji Fs �� �0 CHECKED BY: MK AA __/ /J ��• Z/NO. PROJECT#: 16 0542 MICIJAEL KONETS I R.P.L.S. PAGE20F2 EXHIBIT B Certificate of Insurance 1006087511 ROW Encroachment Agreement-Commercial Page 11 of 12 Revised 12/2018 _ EXHIBIT B ��® DATE(MM/DD/YYYY) A c" CERTIFICATE OF LIABILITY INSURANCE 10r17/2019 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 NAME: Certificates Houston Hotchkiss Insurance Agency, LLC-Houston PHONE 713-956-9800 ac No 13430 Northwest Frwy#600 EWC.-MAIL Houston TX 77040 ADDRESS: certS hiallc.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Liberty Insurance Underwriters,Inc 19917 INSURED ARCHC-1 INSURER B:Hartford Fire Insurance Company 19682 Arch-Con Corporation INSURER C:Hartford Casualty Insurance Company 29424 1335 West Gray, Ste 300 Houston TX 77019 INSURER D:Trumbull Insurance Company 27120 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1663762220 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 SUER POLICY EFF POLICY EXP LTR POLICY NUMBER MMIODIYYYYI lMMIDD[YYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY 61 UEAHZ9475 10/1/2019 10/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JE� LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 61UEAHH1228 10/1/2019 10/1/2020 COMBINED SINGLE LIMIT $1,000,000 COMBINED IX ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ' X HIRED X NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ C X UMBRELLALIAS X OCCUR 61RHAHZ5218 10/1/2019 10/1/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 DIED I X I RETENTION$ n S PER J B WORKERS COMPENSATION 61VVBAAT0942 �10/1/2019 10/1/2020 X STATUTE EERH i AND EtAPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE E.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 E.L.DISEASE-POLICY LIMIT $1,000,000 A Excess Umbrella Liability 100006170707 10/1/2019 10/1/2020 Each Occ/Aggregate 15,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The general liability policy(HS2483 07/13)and Auto Liability Policy includes a blanket additional insured endorsement that provides additional insured status only when required by written contract.The general liability,Auto Liability and Workers Compensation policies includes a blanket waiver of subrogation endorsement that provide this feature only when required by written contract. The general liability policy includes a special endorsement with Primary and Noncontributory wording,(HS2483 07/13)only when required by written contract. Additional Certificate Holder: OGC Main Street LP The General Liability Policy includes additional insured endorsement CG2010 04/13 in favor of:City of Fort Worth,Planning&Development Department,200 See Attached... 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 Department 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 PN19-00039, PN19-00040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ARCHC-1 LOC#: ACO�RD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Hotchkiss Insurance Agency,LLC-Houston Arch-Con Corporation 1335 West Gray,Ste 300 POLICY NUMBER Houston TX 77019 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Texas Street, Fort Worth,TX 76102 Project:Springhill Suites Fort Worth Stockyards Hotel, 2315 North Main Street,Fort Worth,Tx 76164 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds Legal Description of the Property {00608751) ROW Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 Exhibit C 16-0542 GESSNER ENGINEERING, LLC 2501 Ashford Drive College Station,Texas 77840 (979)680-8840-Fax(979)680-8841 , 21.2 SQUARE FEET TRACT OF LAND TARRANT COUNTY,TEXAS Being a 21.2 square foot tract of land situated in the Isaac Thomas Survey,Abstract No. 1526 in the City of Ft.Worth, Tarrant County,Texas and being over, across and upon a portion of Twenty-Third Street (called 60'right of way) as shown on the plat of M.G.Ellis Addition recorded in Volume 388-89,Page 16,Deed Records of Tarrant County,Texas j (D.R.T.C.Tx.),and further described by metes and bounds as follows; COMMENCING FOR REFERENCE at a Y cut in concrete found in the west right of way line of North Main Street(called 80'right of way),and the north right of way line of said Twenty-Third Street,same being the southeast corner of said Lot R-2,Block 1 of said M.G.Ellis Addition; THENCE South 89'44'42"West with the south line of said Lot R-2,and said north right of way line,for a distance of 33.15 feet to a point for the northeast corner of the herein described tract for the POINT OF BEGINNING; THENCE over,across,and upon said Twenty-Third Street for the following(4) courses and distances: 1. South 000 00'42"East,0.76 feet to a point for the southeast corner of the herein described tract; { 2. South 89'56'01"West,29.99 feet to a point for the southwest corner of the herein described tract; 3. North 00'01' 03"East, 0.66 feet to a point lying in said north right of way line of Twenty-Third Street,being the northwest corner of the herein described tract;and i 4. North 890 44'42"East,29.99 feet to the POINT OF BEGINNING and containing 21.2 square feet of land,more or less. t All bearings herein refer to the Texas State Plane Coordinate System,Texas North Central Zone(4202),NAD 83 and were obtained by GPS observation. Reference is hereby made to a separate plat of record of even date herewith. Dated this the 20th day of February 2019. ...f ............... { — 10 MICNAEL KONETBKI Michael Konets i R.P.L.S.No.6531 Gessner Engineering,LLCSO s9 6531 �y� .• •SURV 16-0542 COLUMNS FN _ Page 1 of 2