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HomeMy WebLinkAboutContract 53895 May 12, 2020 CSC No. 53895 12:10 PM EASEMENT ElNCROACErMENT?,ICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF TORT 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 Stockyards Station Hotel 11, LLC, a limited liability company ("Licensee"), owner of the real property located at 130 East Exchange Avenue,Lot 3,BlocI{l 0A,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 drainage casement(the"Ll asement") 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 I.. 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 allowing construction and existence of a hotel building crossing over the Easement (the "Encroaehmernf). 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-Commerciaf P fl A RECO D.-I' C9T-V SECRETAR All construction, 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 submitted plans and specifications to the applicable Director or duly authorized representative and received written approval thereof prior to the construction of the Encroachment. 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 drainage improvements affected by such Encroachment,use, and occupancy. In the event that any installation,reinstallation, relocation,-or- repair of any existing-or future drainage -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 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. 4. Licensee agrees that the City may enter and utilize the Easement at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its drainage utilities. necessary for the health, safety, and welfare of the public. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee (except when caused by the City's negligence), but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement in accordance with Section 7,at the option of and at no expense to the City, Licensee shall remove the Encroachment and restore the Easement to a condition reasonably 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 Easement in accordance with this Section 5, Licensee hereby gives the 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. Easement Encroachment Agreement-Commercial Page 2 of 14 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 rive Hundred Dollars($500.00). 7. The Initial Term of this Agreement shall be for thirty(30)years, commencing on the date this Agreement is executed by the City. Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for two(2) additional thirty (30)-year renewal periods unless terminated earlier in accordance with this Agreement. This Agreement may only be terminated, after written notice and opportunity to cure in accordance with this section,upon Licensee's noncompliance with any of the following terms of this Agreement: (i) Failure to maintain the Encroachment within the Easement, pursuant to Section 1; (ii) Expansion of the Encroachment or otherwise causing the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s)attached hereto,pursuant to Section 1; (iii) Failure of construction, maintenance or operation in connection with the Encroachment, use, and occupancy to 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, pursuant to Section 2; (iv) Failure to make proper provisions for the relocation and installation of any existing or future drainage improvements affected by such Encroachment, use,and occupancy pursuant to Section 3; (v) Failure to pay the City for the additional cost of any installation, reinstallation, relocation, or repair of any existing or future drainage improvements owned by or constructed by or on behalf of the public or at public expense that is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, pursuant to Section 3; (vi) Failure to allow the City to enter and utilize the Easement at any time for the purpose of installing, repairing, replacing, or maintaining Easement Encroachment Agreement-commercial Page 3 of 14 improvements to its drainage utilities necessary for the health, safety, and welfare of the public pursuant to Section 4; (vii) Failure to indemnify the City pursuant to Section 9; (viii) Failure to furnish City with a Certificate of Insurance naming City as certificate holder and to keep such insurance in force pursuant to Section 10; (ix) Failure 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 pursuant to Section 12;or (x) Failure 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, pursuant to Section 13. City shall notify Licensee in writing of any such noncompliance (the "First Notice"). Within thirty (30) days after receiving the First Notice, Licensee shall provide written notice to City of Licensee's intent to cure any such noncompliance ("Licensee's Response"). If the City does not receive Licensee's Response within forty-five(45) days after Licensee's receipt of the First Notice,City shall send a second written notice of such noncompliance to Licensee (the "Second Notice"). This Agreement shall be deemed terminated(a) if Licensee does not cure such noncompliance within one hundred twenty (120)days after receipt of the First Notice or within seventy-five days after receipt of the Second Notice (if required pursuant to this section), whichever is later; or (b) if such noncompliance is not susceptible to cure within the applicable period, if Licensee does not continence such reasonable steps as are necessary to remedy the noncompliance within one hundred twenty (120) days after receipt of the First Notice or within seventy- five days after receipt of the Second Notice (if required pursuant to this section), whichever is later,and proceed diligently and with continuity to remedy same. 8. Any notices, certifications, approvals, or other communications required to be given by one Party to another under this Agreement(a"Notice")shall be given in writing addressed to the Party to be notified at the address set forth below and shall be deemed given: (i) when the Notice is delivered in person to the person to whose attention the Notice is addressed; (ii) when received if the Notice is deposited in the United States Mail, certified or registered mail, return receipt requested, postage prepaid; or(iii) when the Notice is delivered by Federal Express,UPS, or another nationally recognized courier service with evidence of delivery signed by any person at the delivery address. If any dated or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating notice shall be extended to the first business day following the Saturday, Sunday, or legal holiday. For the purpose of giving any Notice, Easement Encroachment Agreement-Commercial Page 4 of 14 the addresses of the Parties are set forth below. The Parties may change the address set forth below by sending Notice of such changes to the other Party as provided in this section. To the City: City of Fort Worth,Texas 200 Texas Street Fort Worth,Texas 76102 Attn: City Manager City of Fort Worth,Texas 200 Texas Street Fort Worth,Texas 76102 Attn: Water Director (Notice to Building Official required for notice of cancellation or amendment of insurance policy under Section 10 only) City of Fort Worth,Texas 200 Texas Street Fort Worth,Texas 76102 Attn: Building Official To Licensee: Stockyards Station II,LLC Fort Worth Heritage Development,LLC Attn: Craig Cavileer 13191 Crossroads Parkway North 6th floor City of Industry, CA 91746 With a copy to: Majestic Realty Co. Att: Mike Durham, Chief Financial Officer 13191 Crossroads Parkway North 6th floor City of Industry, CA 91746 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Easement Encroachment Agreement-commercial Page 5 of 14 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 HE, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS; 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 the Easement 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 accordance with the City's generally applicable, commercially reasonable requirements 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 in accordance with Section 8. 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 6 of 14 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, on 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. 16. In any action brought by the City for the enforcement of the obligations of the Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees. 17. Easement Encroachment Agreement-Commercial Page 7 of 14 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 8 of 14 City: Licensee: CITY OF FORT WORTH STOCKYARDS STATION HOTEL Ii,LLC a Delaware limited liability company By: Stockyards Station Hotel 11 Holdco, LLC, a Delaware limited liability company,its sole member By: i:'ort North Heritage Development, LLC, a Texas limited liability company, its sole member By: Majestic-Stockywds Investor, LLC, a Delaware limited liability company,its managing member By:Majestic Realty Co,,a California Corporation, managers agent By: DJ Harrell(Maya,zozo) y'— ---� Development Set-vices Department Name: D.J. Harrell Name:Edward P.Roski,Jr. Title: Development Services Director Title: President and Chairman of the Board Date: May 8, 2020 Date:�� 23) zC)_-- ` skT TBgT; Approved As To Form and Legality dr ` Matt Murray(May S,202 ty Secretary Matt Murray FWBC Sec,3210 Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsil,hie for the monitoring and lorninistration of this-eontrac�Anclu a uring E4 performance a d o 1i •equirements. `.Panic S.Morales Development M OFFICIAL RECORP Easement Encroachment Agreement-Commercial age°i uii,a5ECRETARY WORTH,T 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 D.J. Harrell , 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 therehi 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 11 day of May ,2020 LAU RE E Digitally signed 6y LAURIE ti PEQUENO LEWIs w PEQUENO LEWIS Data:2020.05.1113:07:46-05'00' Notary Public in and for the State of Texas =° � Nz� �8b After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 Eascmect Encroachment Agreement-Commeroia! j CITY SECR el I t A notary public or other officer completing this certificate verities 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 } } County of Los Angeles } On X. �, - ow _ , before me, LINDA J. CASEY, Notary Public, persona I�y appeared EDWARD P. RCSKI, JR., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 hand and official seal. LINDA 1 CASEY Notary Fubilc-Catifornla t q = Los Angetes County ate;•' Commission N 22i`A57A h y Comm,Expires Feb 3,2023 No'ary,�'yt lic CoR® ,tv V40RTjj.7)( EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 12 of 14 i PART OF LOT 2, BLOCK 1 OA LOT 4, BLOCK 10A FORT WORTH I I FORT WORTH I STOCKYARDS ADDITI N I STOCKYARDS ADDITION (CAB. A, SL. 1136) P.O•C• (CAB. A, SL. 9136) _ — — L1 N09'26'4rE 248.81' MNF 6518"IRF P.O.B. 'i LOT 1, BLOCK I FORT WORTH O z I L4 STOCKYARDS ADDITION o o L 1 L3 (INST. NO. D219034617) LINE TABLE Y o U LO L5 STOCKYARDS STATION NO. BEARING LENGTH Do HOTEL II, LLC to fV0 _J 0 (INST. NO. D218115097) L1 589°30'15'W 12,14' m Qp o °z EASEMENT L2 sao°12'13"E 30,24' Z = L3 N90'00'00"E 11,80' ENCROACHMENT � o p c j � ? � J 0.0394 ACRES L4 Noo°oo'oo"E 0.29' Z v L5 N90'00'00"E 0.52' W 1,717 SQ. FT. L6 800'33'13"E 69,29' L7 N90'00'00"W 1.19' NORTH L7 L8 N00'00'00"E 0,33' 0 16 30 L L$ L9 N90000'00V 23.81' I 5'DRAINAGE EASEMENT L10 N00'33'13"W 60.67' GRAPHIC SCALE IN FEET I I I i (CAB.A,SL.1136) 1-11 N90'00'00"E 12.68' LEGEND 20'DRAINAGE EASEMENT I (VOL.6014,PG.729) P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING I I I IRF=IRON ROD FOUND I I I MNF=MAG NAIL FOUND NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A metes&bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets out the metes and bounds of the encroachment tract described. EASEMENT ENCROACHMENT ISAAC THOMAS SURVEY, oo s ABSTRACT Y OF FORT WORTH MICHAEL C, BILLINGSLEY CO° �r ' ' TARRANT COUNTY, TEXAS REGISTERED PROFESSIONAL ..............I.......:,... LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY Kgplaw)) Horn 801 CHERRY STREET, '• 6558UNIT 11 SUITE 1300 •. 0 0:FORT WORTH,TEXAS76102 �•S U Rd��O ro1cmm� t1,rlaao Tel (11-1yT 5A511 Fo t WoAh,TB%9e 76102 FIRM q 10184040 wynv,ldmley m.com PH. 817-335-6511 9,�ale Drown by CC ailed by Data ro° ° michael.billingsley@kimley-horn.com 1•=rwx' COP Mce oaroenol9 oelzelaoo. 2oF2 6ILLINGSLEY,MICHAEL3/0120192;05PMK:IFTW_SURVEYWG1281300STOCKYARDS210WG1081201300570CKYARDS DRAINAGEEASEMENTENCROACHMENT.DWG f EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 13 of 14 POLICY NUMBER: G71139049001 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organ ization(s): City of Fort Worth Planning&Development-CFA Office 200 Texas Street Fort Worth,TX 76102 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured Is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; 2. Available under the applicable Limits of or Insurance shown in the Declarations; 2. In connection with your premises owned by or whichever is less. rented to you. However: This endorsement shall not increase the applicable Limits of Insurance shown in the 1. The insurance afforded to such additional Declarations, insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured Is a Named Insured under such other insurance;and CG 20 01 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER: G71139049 001 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract signed by both parties prior to loss. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: G71139049 001 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Blanket when required by written contract signed by both parties prior to loss. 2. Address: 3. 1 Number of days advance notice: 30 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 02 05 12 04 ©ISO Properties, Inc.,2003 Page 1 of 1 ❑ EXHIBIT C Metes and Bounds Legal Description of the Encroachment Easement Encroachment Agreement-Commercial Page 14 of 14 f 1 ` II LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 0.394 acre tract of land situated in the Isaac Thomas Survey, Abstract No. 1526, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block O and Lot 1, Block M, Fort Worth Stockyards Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D219034617 of the Official Public Records of Tarrant County, Texas; said tract also being part of that tract i of land described in Special Warranty Deed to Stockyard Station Hotel II, LLC recorded in Instrument No. i D218115097 of said Official Public Records; said tract being more particularly described as follows: COMMENCING at a 5/8-inch Iron rod found in the north line of said Lot 1, Block O; from said point a mag nail found for the northeast corner of said Lot 1, Block O bears North 89a2647" East, a distance of 248.81 feet; THENCE South 89°30'15" West, along the said north line of Lot, 1 Block O, a distance of 12.14 feet to a point; said point being the northeast corner of said Lot 1, Block M; THENCE South 00°12'13" East, along the common line of said Lot 1, Block O, and Lot 1, Block M, a distance of 30.24 feet to the POINT OF BEGINNING; THENCE North 90 departing°00'00"East de artin the said common line of Lot 1, Block O, and Lot 1, Block M, a distance of 11.80 feet to a point for corner; THENCE North 0°00'00" East, a distance of 0.29 feet to a point for corner; THENCE North 90100'00" East, a distance of 0.52 feet to a point for corner; THENCE South 0033'13" East, a distance of 69.29 feet to a point for corner; THENCE North 90°00'00"West, a distance of 1.19 feet to a point for corner; f THENCE North 0°00'00"East, a distance of 0.33 feet to a point for corner; THENCE North 90°00'00"West, a distance of 23.81 feet to a point for corner; THENCE North 0°33'13"West, a distance of 68.67 feet to a point for corner; THENCE North 90°00'00" East, a distance of 12.68 feet to the POINT OF BEGINNING and containing i 1,717 square feet or 0.0394 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment),North Central Zone(4202). A survey plat of even survey date herewith accompanies this metes&bounds description. The undersigned, Registered Professional Land Surveyor,hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract described. EASEMENT ENCROACHMENT 11 ISAAC THOMAS SURVEY, 3/6 19 oT T ABSTRACT NO. 1526 ICHAE C.�183ILLINGSILEY � 0 '`� CITY OF FORT WORTH REGISTERED PROFESSIONAL ............................... TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, '• 6558 UNIT 11 SUITE 1300 K I e >>> Horn �':°.p� �P\ Q FORT WORTH,TEXAS 76102 801 Cn4mstr.al unn1,,8130o Tel.N°.(017133M 11 PH. 817-335 6511 FQ4 0nn,Texde 78102 FIRNI0 10194040 wmr.kh Y 0m.00m Seata I ptdmbv I Chaekadbv Dale FmIaci No. Shoo N michael.billingsley@kimley-horn.com NIA CDP MC13 0 31 9en0 19 0612813DO 1OF2 PADILLA,CAELAN 3/012019 9:10 AM K:IFTW_SURVEY1081201300.3TOCKYARDS 21OWO10 01 2813 00 BTOCKYARDS_ENCROACHMENT DIYQ