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HomeMy WebLinkAboutContract 47049 (2)e 'i t 400 RECEIVED -6 3 CITY StiCREThpx OtRAC WO. SEP 2 5 2015 1-EASEMENT ENCROACHMENT LICENSE AGREEMENT i; Commercial 9 P t ; 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 Planning and Development Director, and LG CentrePort 1, LLC, hereinafter referred to as "Licensee", owner of the property located at 14105 Trinity Boulevard, Fort Worth, TX 76155 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as a 12.082 acre tract of land situated in the Vincent J. Hutton Survey, Abstract No. 681, Tarrant County, Texas and being portions of Trinity Boulevard (a 120 foot R. 0.W.), CentrePort Drive (a variable width R. 0.W) and future Breezewood Drive (a 60 foot R. O. W.), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D215048411 or Volume and Page No. 2008 / Page 243 and Volume 2037, Page 567 of the Real Property records of Tarrant County ("Property"); and WHEREAS, the City has a 30 foot wide drainage easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain a 15' wide metal gate which will be used as a perimeter gate (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; 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 the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A for the purpose of maintaining a perimeter gate (the "Encroachment" = Upon completion of the 2014 Easement Encroachment Agreement -Commercial OFFICIAL RECORD CITY SECRETARY FT, WORTHS TX Page 1 of 9 Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall comply and be perfoimed in strict compliance with the Charter, Ordinance 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 of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the Director. 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 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 for any other public purpose. 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. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public 2014 Easement Encroachment Agreement -Commercial Page 2 of 9 Works or the Director of the Water Department of the City, or his duly authorized representative. 4. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty Five Dollars ($325.00). 5. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is further understood and agreed upon between the parties hereto that the easements to be used and encroached upon as described herein, are 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 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 tens hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural 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. 2014 Easement Encroachment Agreement -Commercial Page 3 of 9 7. 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS 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. S. 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 the following: $1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such 2014 Easement Encroachment Agreement -Commercial Page 4 of 9 Certificate of Insurance is attached as attached as Exhibit "B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the teuu of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees' contractors. 9. 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 Encroachment on Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Encroachment and uses. 11. 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. 2014 Easement Encroachment Agreement -Commercial Page 5 of 9 12. 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. 13. 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 described 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 permission before occupying such property. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement 2014 Easement Encroachment Agreement -Commercial Page 6 of 9 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City Planning and Development Director, and any attempted assignment without such written approval should be void. 17. 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. 18. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this- U day of City City of Fort Wo By: Randle '' arw od, Director Planning and Development ,2 Cit Licensee: LG CentrePort 1, LLC By: aPatbd-eS, Name: rearm= hP 6A>c) Title: im si/,ar0-1. Approved As To Form and Legality 3_( i\O(UvC) Assistant CityAttorney Y 2014 Easement Encroachment Agreement -Commercial OFFICIAL RECORD CITY SECRETARY FT. WQRTH, TX Page 7 of 9 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/she 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 L.9( • CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires 'o l 4 Apr11 26, 2017 day of aft's Notary Public in and for the State of Texas 2014 Easement Encroachment Agreement -Commercial Page 8 of 9 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 Fernando De Leon, Chief Executive Officer, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of LG CentrePort 1, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this tt° day of es_ipt,ON\1001 , 24 i 5 SARAH FOSSIER Notary Public, State of Texas My Commission Expires August 18, 2019 act Actik, )79V\LCA, J Notary Public in and for the State of Texas • 2014 Easement Encroachment Agreement -Commercial Page 9 of 9 Exhibit A The City has a 30 foot wide drainage easement and a 40 foot wide sanitary sewer easement in the property as shown on the following page. LG CentrePort I, LLC plans to construct a 15 foot wide metal gate at each easement crossing (5 access points) allowing the City of Fort Worth access to the easement at any and all times. / / 1 J 1i Ii CC 1a 11' 1.1.1 1, II 1 11 VAN ACC I PARKING ENTRY VON EX. F.H. o Il II 11 ........ II II II II I II 11 GATE EF.OTL 1 /A112 SANITARY SeWER EASEMENT CONC. SIDEWALK, REF LANDSCAPE EXISTING MONUMENT SION. r Architectural Site Scalo: 1" = 50%0" / 1 SANITARY SEWER / EASEMENT • \$ so us F.H'• 4 • PROPERTY UNE SANITARY SEWER EASEMENT ELECTRICAL EASEMENT WATER EASE CONC. SIDEWALK. REF. LANDSCAPE GATE REF. DTL 1 /A112 ACCESS GATE 1 1t,% • ORNAMENTAL METAL FENCE. REF. LANDSCAPE EWAU( ..• C �CO. NC. SIDEWALK REF LANDSCAPE �I Plui AI BLDG1TYPE1 UNITS/ 14 GARA _.._.. mregiatr • -..• - ._ ....... Al IGENTINA CT. (I (.1-) \ (,) 0 EX F.H. ORNAMENTAL J METAL FENCE, REF. ` IOAS) UTIUTY LANDSCAPE EASEMENT TRINITY BOULEVARD 1 Ibilli Van Mid ig COURTYARD II "' v ,t' �N ��71 (tM A :. :.:n `:.:::o... ng 4.4. I 1 , •fir : r� An % M1111Si ;ill lI • -&11 roc,t t. AI i . „.,),.4--..1 'BLDG2TT PEI'M 2 Lris UNITS/ 11 GARA el 10 Fi "II I III II II� ,f "i,j •mar.- as�ai•s..a, PROPERTY UNE CONC. SIDEWALK. REF. LANDSCAPE STORM SEWER EASEMENT WATER EASEMENT ORNAMENTAL METAL FENCE, REF. LANDSCAPE CONC. IDEWALK, REF. LANDSCAPE PROPE SET BA / / �ROPERTY �/ I UNE A / •NC SIDEWAL . REF. LAND APE GATE R 1/ DTL A112 EXfT ONLY ONLY SIDEWAL LAND CONC. C REF. APE ORNAMENTAL STEE FENCE REF LAN SCAPE :a7 , !-+ - STORM Ea.— 1 EWER EMENT F. H PROPERTY UNE ORNAMENTAL METAL FENCE. REF. LAND CAPE ` OATE REF. DTI. 1 / A112 1 SITE PLAN GENERAL NOTES: 1. THIS SHEET IS FOR GENERAL INFORMATION PURPOSES AND BUILDING IDENTIFICATION ONLY. 2. FIRE LANE STRIPES TO BE LOCATED BY 3. VERIFY ALL GRADES AND FINISH FLOOR ELEVATIONS WITH CIVIL ENGINEER. 4. VERIFY ALL SITE DIMENSIONS WITH CIVIL ENGINEER. 5. REFER TO CIVIL DRAWINGS FOR ALL SITE WORK & DETAILS, DIMENSION CONTROL, AND HANDICAP ACCESSIBLE PARKING SPACES. 6. REFER TO LANDSCAPE ARCHITECTS DRAWINGS & CIVIL ENGINEERS DRAWINGS FOR EXACT LOCATION & SIZE OF WALKS, STEPS. AND RETAINING WALLS 7. REFER TO MEP ENGINEERS DRAWINGS FOR LOCATIONS OF ALL BUILDING METERS & PANELS. 8. REFER TO 1/8" BUILDING PLANS FOR LOCATION OF DOWNSPOUTS. 9. HATCHING INDICATES FULLY ACCESSIBLE UNITS. SITE ANALYSIS: GROSS LAND AREA: TOTAL. APARTMENT UNITS: DENSITY: TOTAL PARKING: 12.082 ACRES 318 UNITS 26.32 UNITS PER ACRE 508 PARKING PROVIDED Enlarged Plan - Sanitary Easement @ Bldg. IV Scalo: /16" = V-0" COPYRIGHT ICI 2013 ARCHITECTURE DEMARCST, LP, ALL IDEAS. DESIGNS. ARRANGEMENTS, PLANS. AND SPECIFICATIONS INDICATED OR REPRESENTED DY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMARCST, LP. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPCCIrICD PROJECT ONLY, NONE Or wolf IDEAS. DESIGN. ARRANGEMENTS OR PLANS SI IALL DC USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR UtIED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AI.D APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS :.HALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBIUTY FOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, LP. OF ANY DEVIATIONS. TIC CONTRACTOR SIIALL BEAR SOLE RESPONSIDIUTY FOR CONSTRUCTION MEANS, METHODS, TCCIWIOUCS, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT, ARCHITECTURE DEMARCST, L.P, WILL NOT DC RCSPONSIDLC rOR CONSTRUCTION MEANS, METHODS. TCCIINIDUCS, SCOUENCCS. PROCEDURES. OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. Fort Worth, TX Architectural Site Plan 06-08-2015 /) ARCHIIECIUNE BIYARIOT O* a4l r rwrc otwwur.ur ALL HMOS PfOH,rte PERMIT ISSUE DATE. 06.08.2015 CONSTRUCTION ISSUE DATE Rovision Schodulo No. Dato DoscripUon A 07,0: 2015 Pennt Sot Comments JOB NO 14024 SHEET NO A110 2" SO. TUBULAR RAILS 1/2" TUBULAR PICKETS 2" SO. TUBULAR RAILS 01,----1/2" TUBULAR PICKETS 3" SQ. TUBULAR GATE POST W/ NEWEL POST CAPS SAND SMOOTH ALL WELD JOINTS BEFORE PRIMER AND PAINT APPUCATION 2" SO. TUBULAR RAILS 1=111: • ? :~ 11 SLOPE TO DRAIN. PROVIDE Ill= • HT- POSITIVE DRAINAGE AWAY FROM ALL SITE FEATURES —I I i� � � �• � � � I I I=1 I -CONCRETE FOOTING AS ' jTT APPROVED BY STRUCTURAL 1 I I: ` :: • III-1 ENGINEER II• MIN COMPACTED SUBGRADE AS APPROVED BY STRUCTURAL ENGINEER Metal Fence Detail @ Post Scalo: 3/4" =1'-0" 1/2" TUBULAR PICKETS (, jL l l I I n I I it II II n I I II I I II I I I I I II V i IN1 I I I Metal Fence Elevation A Scalo: 3/4" =1'-0" 3" SQ. TUBULAR GATE POST W/ NEWEL POST CAPS CONCRETE FOOTING AS APPROVED BY STRUCTURAL ENGINEER O C t417 •' MAx+� IIIIIIIIIIIIIIIIIIIIIIIIIllII iIIIIIIIIIIIIInIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIII SAND SMOOTH ALL WELD JOINTS BEFORE PRIMER AND PAINT APPUCATIC: : rr(TYP.) IS' O'(TYP CITY TO INSTALL LOCK NOTIFY CITY UPON INSTALLATION OF GATES VARYING GRADE 2" SO. TUBULAR RAILS I EASEMENT 1-1 1 I _—_ SLOPE TO DRAIN, PROVIDE LINE • — 7 POSITIVE DRAINAGE AWAY '-1 I I , • . - • ; I I— FROM ALL SITE FEATURES H— IT r�'�III,..:I EX. PUBLIC RCP STORM PIPE L— ' _i :. =1 �-111 ITTT�f���I Ijjj��t ITI `• I I• •�I�1�1-1� COPYRIGHT ICI:013 ARCHITECTURE DCMARCST. LP. ALL IDEAS, DESIGNS, ARRANGEMENTS. PLANS. AND SPECIFICATIONS INDICATED OR REPRESENTED OY THIS DRAWING AS INSTRUMENTS OF SERVICE ARC AND SHALL REMAIN DIE EXCLUSIVE INTELLECTUAL PROPCRTY OF ARCIIITECTURC DCMARCST, LP. AND WERE CREATED. EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCHI IDEAS. DESIGN, ARRANGEMENTS OR PLANS SHALL OC USED ON ANY OTHER PROJECT OR EXTENSIONS OF THI'J PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREUT, LP. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYINO ARCHITECTURE DEMAREST. LP. OF ANY DEVIATIONS, THE CONTRACTOR SHALL SCAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS. METHODS. TCCIINIOUCS. SCOUCNCCS. PROCEDURES. CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WMI THUS PROJECT, ARCH IRCCTURE OCMARCST, LP. WILL NOT DC RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS. TCCIINIOUCS. SCOUENCES. PROCEDURES.OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. Fort Worth, TX Site Plan Detail 06-08-2015 AHCNIIECIUHE DEMAREUT Okla Wilt I""( MAY. .I, L. PERIJT ISSUE DATE. 06.08.2015 CONSTRUCTION ISSUE DATE Rovlslon Schodulo No. Dato Do3crlptlon JOB NO 14024 SHEET NO. A112 ACC OR 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 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 Hotchkiss Insurance Agency, LLC 4120 International Parkway Carrollton TX 75007 CERTIFICATE OF LIABILITY INSURANCE INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 CONTACT NAME: IPHONE 972-512-7700 !AC; Nn. Exf • I ADDRESS E-MAIL dallascerts@hiallc.com INSURER(S) AFFORDING COVERAGE INSURER A :Scottsdale Insurance Company INSURER B : INSURER C : INSURER D : INSURER E : I INSURER F : DATE (MM/DD/YYYY) 9/21/2015 FAX (A/C. No): NAIC # 41297 COVERAGES CERTIFICATE NUMBER: 1075678207 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 ADDL'SUBR POLICY EFF ' POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER IMM/DD/YYYY1 (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY BCS0032467 10/31/2014 10/31/2015 CLAIMS -MADE X $5k Deductible X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT X LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO AUTOWNED HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BCS0032467 10/31/2014 10/31/2015 A X UMBRELLA LIAB X OCCUR XLS0095004 10/31/2014 10/31/2015 X EXCESS LIAB CLAIMS -MADE DED I X I RETENT ON $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) I $0 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE I (STATUTE I OTH- ER $5,000,000 $5,000,000 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE( $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy includes additional insured endorsement, {Form CG2037 04/13} that provides additional insured status for completed operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes additional insured endorsement, {Form CG2033 04/13} that provides additional insured status for ongoing operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that See Attached... CERTIFICATE HOLDER CANCELLATION The City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACO AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAMED NSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Spnngs, Suite 200 Dallas TX 75201 NAIC CODE EFFECTIVE DATE: Page 1 of 3 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE requires such status. The General Liability policy includes additional insured endorsement, {Form CG2018 04/13) that provides additional insured status for ongoing operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a special endorsement with Primary and Noncontributory wording, {Form CG2001 04/13). The General Liability policy includes a special endorsement providing Waiver of Subrogation status, {Form CG2404 05/09). All policies include verbiage providing 30 days notice of cancellation to the first named insured, except for 10 days notice for nonpayment of premium. NAMED INSURED SCHEDULE INCLUDES: • LG Preston Campbell, LLC - LG MacArthur 161, LLC • LG 19 & Mango, LLC • LG 5001 Waco, LLC - LG Denton 377, LLC LG SR 70 & 30th, LLC - LG Albuquerque BWW, LLC - LG Buckner EZ, LLC • LG FM 423 & ElDorado, LLC ▪ LG Hickory Tree, LLC • LG Block 365, LLC • LG Plano Belt Line, LLC - LG Camelot, LLC - Oak Grove Acquisitions, LLC - LG 7-Eleven Dunn, LLC - LG Cooper Station, LLC • LG Norman Campus, LLC ▪ LG Roanoke, LLC • LG Alamo Culebra, LLC - LG Alamo Ranch INO, LLC ▪ LG Edgebrook, LLC - LG Alta Mesa, LLC Leon Capital Partners, LLC ▪ LG 75 Campbell, LLC - LG Valley Mills 35, LLC - LG NW Hwy, LLC • LG Sherwood, LLC - LG Sun Valley, LLC ▪ LG Amarillo, LLC ▪ LG Hampton SE, LLC - LG Elkhart, LLC ▪ LG Waters Sheldon, LLC - LG San Angelo Bluffs, LLC • LG Operating Company LLC ▪ LG Willowbrook 1960, LLC - LG Potranco Canes, LLC • LG EZP Eagle Pass, LLC - LG Bandera Woodlawn, LLC - LG Sul Ross Land, LLC ▪ LG Semoran LaCosta, LLC - LG Midland Deauville, LLC ▪ LCG Buckner Commons, LLC ▪ Nolana Corner, LLC - LG Stonehurst Buckner, LLC ▪ LG McDermott 75, LLC • LG Colleyville, LLC - LG Cicero BOA. LLC ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACO AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: 25 FORM TITLE: - LCG Windhaven, LLC ▪ LG El Dorado Tollway, LLC - LG Sharpstown Bellaire, LLC • LG Alkire Littleton FCER, LLC - LG Sunset Angelo, LLC • LG Acquisitions, LLC - LG Richmond FCER, LLC - LG Wylie FCER, LLC ▪ LG Aurora FCER LLC - LG Lebanon & Tollway, LLC LG Wheatland & Hampton, LLC • LG GTB & Main, LLC - LG Highway 30 Greenville, LLC ▪ LG Dothan, LLC ▪ LG Potranco FCER, LLC - LG North Tarrant & Park Vista, LLC - LG McCart & Sycamore FCER, LLC - LG Cary Walnut, LLC - LG BOA Tulsa, LLC ▪ LG Virginia & Custer, LLC • LG Gatlin & Import, LLC - LG Apopka & 435, LLC - LG WB, LLC • LG Northern Custer Parkway, LLC - FRC CEC Toledo OH, LLC ▪ LG Hwy 301 & Sun City, LLC ▪ LG CentrePort 1, LLC - LG Frisco 121 & Legacy, LLC LG Seminole & Ulmerton, LLC - LG Lemmon Oak Grove, LLC - LG Ella 610, LLC ▪ LG Tulsa 71st LLC ▪ LG SH 114 & 135, LLC - LG Military Drive, LLC - LG San Marcos Canes, LLC - LG Pleasant Run & 135, LLC - LG Summer Valley Owner, LLC ▪ LG Westheimer & Tanglewilde, LLC ▪ LG Wichita Street, LLC - LG Zeno Road and Haddon Hall, LLC ▪ LG West 7th Street, LLC - LG Inwood AAP, LLC - LG Weatherford, LLC ▪ LG Memorial & 101st, LLC - Horizon Special Projects, LLC ▪ LG Hall Oak Grove, LLC ▪ LG Abrams & Forest, LLC - LG Schertz, LLC - LCG TP Hwy 45, LLC - LG 4th Street and Frankford, LLC - LG Mainstreet & Parker, LLC • LG Capital Circle & W Tennessee, LLC - LG Walnut Square, LLC - LG Dothan, LLC - LCG Custer Eldorado, LLC ▪ LG Lockhart, LLC ▪ LG Spring Creek & Headquarters, LLC - LG 5408 Broadway LLC ▪ LCG Highway 80 LLC - LG Wichita Street, LLC - LG Sheldon & Linebauah. LLC ACORD 101 (2008/01) CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A COR 0 AGENCY Hotchkiss Insurance Agency, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs, Suite 200 Dallas TX 75201 EFFECTIVE DATE: Page 3 of 3 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE - LCG Custer Eldorado II, LLC • LG Centerville & NW Hwy LLC ▪ LG Fairmont and Lily Street, LLC - LG Northwest Mopac, LLC • LG Sunset Lake, LLC - LG Lancaster LLC - LG Denton 380 Hwy, LLC LG Round Rock Storage, LLC ▪ LG Lakeway Storage, LLC RE: LG CentrePort 1, LLC / 12 Acres of Real Estate Development Land Located at the Corner of Trinity Blvd. and Centreport Drive / Ft. Worth, TX 76155 ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER BCS0032467 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY SCHEDULE Location And Description Of Completed Operations ALL LOCATIONS 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage' caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Insured Copy Page 1 of 1 POLICY NUMBER' BCS 0032467 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: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE 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 05 09 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Insured Copy COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or o rganization for whom you are performing o perations when you and such person or o rganization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for 'bodily injury', "property damage' or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", 'property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings opinions, reports, surveys, field orders change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or 'property damage', or the offense which caused the 'personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Insured Copy 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered o perations has been completed; or b. That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization o ther than another contractor or subcontractor engaged in performing o perations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20330413 Insured Copy 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 Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Insured Copy Page 1 of 1 POLICY NUMBER• BCS 0 032 46 7 COMMERCIAL GENERAL LIABILITY CG20180413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises ANY PERSON OR ORGANIZATION PER SCHEDULE OF LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule. However: 1. The insurance afforded to such additional 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. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. CG 2018 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy