Loading...
HomeMy WebLinkAboutContract 45776 (2)ECWitCOMMACT k100 ,)/ (7<, - EASEMENT ENCROACHMENT LICENSE AGREEMENT, Commercial THIS AGREFAVIENT is made and entered into by and between THE CITY OF RT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or its Planning and Development Director, and RESERVE AT MCALISTER SENIOR LLC, a Texas limited liability company ("Licensee"), owner of the real property located at 423 Archbury Road, Fort Worth, TX 76131 (the "Property"). REC TAL,S 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; and WHEREAS, City has a storm drain and sanitary sewer easement (the "Easement", whether one or more) in the Property as described or depicted in Exhibit "A" attached to this Agreement and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Basement; and WHEREAS, City will allow the encroachment under the terms and conditions set forth in this Agreement to accommodate the needs of Licensee. NOW, THEREFORE, ,REFo, the City and Licensee agree as follows AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and the covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the Easement for the purpose of constructing, maintaining, modifying and replacing a sign (the "Encroachment", whether one or more) as described in and at the location shown on Exhibit `SA" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment 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, • • UhFICIAL RECORD . CITY SECRETARY F i� MIRTH, TX 2014 Easement Encroachment Agreement -Commercial _ Page 1 of 9 Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Rev. 04/30/2014 Ni-AriVED JUL 2 2014 All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the direction of either the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the appropriate Director or his or her duly authorized representative prior to the construction of the Encroachment Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, 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. 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 uses provided for in this Agreement, Licensee shall pay to City an amount equal to such additional cost as reasonably determined by either the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of $325.00 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 Encroachment and uses provided for by this Agreement. Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear foot of the encroachment area 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Page 2 of 9 Rev. 04/30/2014 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement after notice and opportunity to cure as described herein. City shall notify Licensee in writing of the non- compliance and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6 It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public It is accordingly agreed that if the City s governing body at any time during the term hereof determines in its sole discretion to use or cause or permit the Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewage transmission of natural gas or electricity or any other public purpose, whether presently contemplated or not, the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 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 THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Page 3 of 9 Rev. 04/30/2014 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. 8. 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 $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts as soon as commercially possible following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is 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 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 Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money in the amount necessary to pay 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 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 the Encroachment and uses. 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Page 4 of 9 Rev. 04/30/2014 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. 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 Easement and is not a conveyance of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 14. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of the obligations of the Licensee. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. 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 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. 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Page 5 of 9 Rev. 04/30/2014 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the Iaws of the State of Texas. 18. This Agreement shall be binding upon the parties hereto, their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Page 6 of 9 Rev. 04/30/2014 HIS A REE11' NT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City CITY .S 7 FORT WORTH By: L4J Randle Harwood, Di ctor Planning and Developme?0tment fit" 00a°°0 d airidep) 0 �Q % s Attest: City Secretth STATE OF TEXAS COUNTY OF TARRANT D Axl This instrument was aohowledged before me 20111 byRandth~ _ Director of the Planning � the City of Fort Worth, on behalf the City of Fort proved As To Form and Legality / avi_44:)/4-L. Assistant City Attorney CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission ExPirot� Apill 26, 2017 on Developmecyf(�pepartm: nt o Public, State of Texas 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 'it Page 7 of 9 Rev. 04/30/2014 ea Licensee: RESERVE AT MCALISTER SENIOR LIVING, LLC, a Texas limited liability company By: MV Reserve at McAlister LLC an Ohio limited liability company Its: Managing Member By: MV Affordable Housing LLC an Ohio limited liability company Its: Sole Member V+ti By: Print Name: is Rstione Title: Authorized Signer STATE OF nn j g § COUNTY OF W Pt22 a/ § This instrument was acknowledged before me on J i1 L 2it, 2014 by M' 1 I> i2.. ,_ L Tl , 1hi no Ql a Si I.Met_ of MV Affordable Housing LLC, an Ohio limited liability company, Sole Member of MV Reserve at McAlister LLC, an Ohio limited liability company, Member of RESERVE AT MCALISTER SENIOR LIVING, LLC, a Texas limited liability company, on behalf of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 02 trnidayof JvLy ,zo)y ,,,,111/11,,,, Lot":•• .41711-°1 , • ./..es VICTORIA M. HUDSON, Notary Public *: _ _ = In and for the State of Ohio • My Commission Expires q low, a -" Tr • of •1. ff11f111 1,111� Notary Public, State of WO 2014 Easement Encroachment Agreement -Commercial Page 8 of 9 Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Rev. 04/30/2014 LEGAL DESCRIPTION OF THE PROPERTY Lot One (1) and Lot Two (2) Block Six (6), HIGHPOINT HILL, an addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat of record with the County Clerk of Denton County, Texas under Document Number D214123596. 2014 Easement Encroachment Agreement -Commercial Reserve at McAlister Senior Living, LLC- 423 Archbury Road, Fort Worth, TX 76131 Page 9 of 9 Rev. 04/30/2014 12 r a) co m W 0 IA"SYCxi PROPOSED 8' PVC SS A SS A STA 1243707 STUD OUT 5 lF 0. SS LIOE t 'usual O' PLUG S A $t* 1N33'JO 951211 Sf0 P OCA SS91 nett 931 ASSaaY IA 0OO t®.1 PI. I' SS 11.. VI COT a a-nI3I S rrt or am rn e {trEr iilrft166n}l�' ESEWER NCROACHMEM Y PRIVATE 0.8.M_QR6LN, 14 • htL 1`\iO L -.loom IL COMAE CUPK SS A RWS STA 0+51217 t..f TO STA 13a3200 SS A.StA 1 Ratnalial SS at T•111.Ir EL /O Ti A.R36'S3. `..." .. FL.7 7-52 I•IR.E1` - — — 1- M:i73D3711' n, STA )1ffiN INS/N.L. SOT I. CM Sfll MI TOT ASSEM.Y PIP ORAL sIC Inn m mono -31W '1 "1 MN )S lF If S SSA MOW. C6 A MA MM at 9L1W= m9 A' Oi 5993 UM MI A^'13'\Y PM a Mann )I I•.n..n saw arr 15 V C 39 =Mr 96 CC C4 Li A STA 7113.60 WCSWL U A' RA Mal 61S111 W1 At$k3LY 11.1 FTA 8IAa Iml-A1 Pr R a'.nal3 Sh"3 1M 73 IF I` S Sav LE CCIOC Tt- I'rb 720.2E -tS A SA 91I402 P.C. T £C Waal $'D A" Oi Tax WItI IM MRYA.Y W Pin Mit ann, n. tmnaza 'l T;1)11., w1211 ilc. I:. ;111214. I'J- 1 m3 VW S - 6uWg 140113 rm, PgoiCCI CORO* NOUS. 3. VI mlttl 3 - CThaw. NNILS rOn WSTAM Tint. a,(ml. MCI 3. ! L WM 3 - CCMpJ. INKS MAN 001owtM3.. 4 ITC ]IItCI 3 - CIMWAL PI25 ma AEI an, um WIRY mat iiMoruaat I, • NC SAMP& anti um," lit data A lmtu WA. rn 50 AO OMT0.19C SCAit. Reserve al McAlster 32 For Wont : e 05/28114 BIO P CJECC No: 2013 183 000 I SUM NO: 5 EXHIBIT A, Page 2 SANITARY SEWER PROFILES ENCROACHMENT EXHIBIT Reserve at McAlister Fort Worth Taras 450 R a'.nt 23 :, a all 0 .a 0 t$0 s'.7u a_a R. a'an3a2 + t a'.na.Jl ca ty3 n a'.723a3 + t_ _eaSU +53 R E'• ti419 tantO2 0, • a'•1s_3 4-53) R s'. 2s27 V }p aW rt a'.1453 8 8 tail R VralOOn tr.° 1. e'-ntZ + ♦03 r� a'= 79.63 C 400 R ?AC- ? La 8 +50 R 9'a9 0a3 V V V V V V V 00 CNa 0 (Lt•i 0 PN 0 Z B SV. O+MG] Sn a' 33n55 11009.E OVA nN 54t_ at v3 co P: i T:'a)2112; R. 8' W14771 73 ft 8' Ci• it 53 f l 0 p A re-ya.,, 610 tact G-tara :i IOTA wi .LS52'aY 1.10 ,fa�4 R. 8' l: 131.27 FL 8' Ca0:82.17 K1i{ WI L U8 CEA Ork73Ut ]Iut • 8' p• liatOl k •34 trout 57 2' 7A SS ti'tar(C w.M 101 uttuar L3 iaa•"T11 S ft 8' L9.724s ft EC GN-'f413 VI VI r— z m cis, SSO420t rtf, rt@ pa{ COAL IG'v7I585 It 'It' L9.12ar9 1. 8' CS.T255+5 M1 CIA n• V117 MD A' OA SS 10123- 1.E MTh u{ ASsorlY Wi FG'.71i na Cirri Z f18't08A It tit e= 14•7 rntaa OCjXI 0 Xi 0 > 0 Dor —i 2 y,m� z z z88SK sr, it r•1x.T F5 q n a ce+ uuazzt 9 ? a IMO ui AScV3.aY Le ii '0' 738f g p^a 1 - ft tit} n 8. 441-7M65 57 I Nirs l s aa_nX - ess r SS lira` >a ENO t ;ftu1 8' PUG r e'.t2341 g 8 MV Affordable Housing, LLC 1ga Retch -.su 2;3 Mar Tens la i Baird, Hampton & Brown, Inc Enginaerng 2< Survaying SA E-1 STA 0400.00 -E3l SO C STA S4.3332 RW*,.t OHMIC PVC AS pwrtttn# TO 013T/41 3v CLTW CfiwcCT TNT 40- SP= cram PPE TO EOT..I95C 40' STOW( MAN PPE n 40`•717.32 n EX. 43•-71732 -5D E-1 STA 0444Oa ENV 40' STEM OWNN CONSTRUCT STD 5'a1' %tWI rim P.44C151u Aire 4011.-717.40J3+ 3O C-1 STA 0440.03 CONSTRt1C7 OPDmIC N SON nr APRON n•719A0 PROPOSED 48- RCP SD E-1 EXISBNG 48' RCP EX. SD E STA 041230 rC 44' AO TO I)C WIT n 5 '-72000 SO A ;TA 0400.7R --- O' SS cans5{14C satin); 7i 0Tl• 01 5O 4 STA ORA 'i- tT S#' S10nai f01 ORhA '. 03) ID N SO A STA 203530 CONK- 10' CO an (ME OF tAI C731t1n) n S4-•72S.10 STORM DRAIN ENCROACHMENT BY PRIVATE WATER 15' SIWD11 Sd1 A STA *.5041 *Slat 0' TOP-732,74 FL 54'4721 1 -SO A 0TA 0403.37 OEM M` SRROI D0A11 CONSTOtc Sit IEAOa41 EL5C..720,4t- -PROPOSED 54' RCP SO A STORM DRAIN ENCROACHMENT BY PRIVATE WATER STORM DRAIN ENCROACHMENT, BY PRIVATE WATER WinE11.1NE OAK S0 A moo STA D41230 TO STA 1+3622 R•2ffi00' T•CO02' A4324312` l•117 T2 CO o-1 331212 -m A.. sTA' ati4aropm•i1,n4Arz3 , i• smuRE'iAv041aPa ' AP 73L7t„.. ..r :FL24-727,01'( _. - n 24'i"7ann, SO A".TA14.1�is'_.- ,04'.!71. 46-±]6Y7 r-FPTetftp (RTYAIE) LOWD1_TIm Cr ITAIR PPE:40 T22.0O 233627027 "a' 4'TEl22411 th SO ,A STA ,a402.71 -50" O stA o.00.w 415T4LL,5' UAW[ STOP-7)+.G1 - FL 40-7111.42.m,727."I n 21'4722.44 (DONATE) 5D A).T/,a4gR 4"Oat TWM:, *MA Apr TO' 02400'' PROPOSED 48' RCP 50 A so 4 ISt :r Pt 40'I57 -SD A STA 0420 a' Attt RATER dTOP OF ial PPE 700 72100 CtA10 11.]Ll'S �',4 -50 A STA 54n01S PC 40- 1ATAItZZARC ONS PEON =AT MNUTE STSTD3 '- TO TIC IDT wnwu c cuauc MOM STA 947002 TO SIA 0403.00 0.40900 0.30' e.r3Y21' b12Ta• CH &car:tart wuww'E at 50 A ,i1t0Y STA 0403.00 to STA 12+1100 R-410 W' T.11741' 44212.3616' 1-72002• CH A•5102203`C PROPOSED 27 RCP SD A-4 Sq A-4 STA 0424d 20 CO n FAQ MD OF IMO) RP•73704 ,Y. 27'-730.01 R+{09117059,� C4231062.12/ R1I.4, STA SD 12t1.T�-- (Pi 3a' AO COME M THE NWT T 4 12011A2E-RAMmE TOO •737.IW 3r.731 I7 STA 11400.70' t6 CR0^.541C UMW 111 MP OF PPE TO 7210 n 3Y-73101 e RCPPROSD 3fi',, RCP SD A -e-SO A STA 12+40.93 0' SS MUM / -PROPOSED 38' RCP SD A ... SO A STA 04113.00 EO A-4 STA 0400,00 Ptt30'SO CtlAfr TO TIC TWIT 42'%30T12r 9TC n 42'4422020 FL 30'-730.70 M1 2Y-73234 .R-M.13350.04 C•212102020 ^O A-3 STA 0430.73 (FCONS!. 20 CO Ilan TOP TA RACt OF IM) n 2r-7321a ED A-3 STA NOLO] 0' SS m1055010 'PROPOSED 27- RCP 5D A-3 .-SO A STA 0449..10 a' t6 CROSSOA IORDt 0T TOP or PPE ID 720.4 n 42'4720,00 -PROPOSED 42' RCP SO A IN 20' DRAINAGE FA PMENT SO A STA 12457.10 DM 30• RCP STMN FL 1 M1 0'-731.50 SD A STA 9470.12 •SO A-3 STA 0400A0 INSTALL 5' MOW 1e10101L PC 42- SD OMR O TO TIERUC TP-73033 0 M1 42'-720 n 2r•730.1.49 STORM DRAIN ENCROACHMENT BY PRIVATE WATER aalout rens ono r,otcl 1Tm4194 I. SLC 14n 3 - WONT ROIG NX 0010N100. 3. xE VISIT 3 - Wtou IOU rill rrm att Arn IN93ty 4mf,IT INt0AW1011 Reserve at McAlister 24. e �At Fort Worth, Texas NCVU4 0 040 `Asil�o a: 05/2EY14 ax1 PRaRQ1 tM 2013,183 000 thin NO. 20 EXHIBIT A, Page 4 to 755 745 740 735 730 725' 720 715 4 0+00 760 755 750 + P 745 GO ,1. • tf 0 0.324 PITIB- SfiTl, II-'' SD LINE A-4 t31.1 MOOCt 740 '' rruto,ea Gra® 0 735 730 725 0+00 t" t' 402 17 24` RCP 760 755 750 745 - loom Ea. 740 271E-77`I RCP' 735 27' PCP 0 9.302 730 725 1+00+25 STORM DRAIN ENCROACHMENT BY PRIVATE WATER Rtp o o.322 .a .. 0000t0r a' FIE $. Loon (PN;.41E) SD LINE A Or W14- F..7.g Erp' 100YR HGt i PROVO30 IP TGS M LOWERY@ (PANAI'El. -4 4. 6+0 SD LINE A-3 760 STORM DRAIN ENCROACHMENT BY PRIVATE WATER 1 1 RCP 0 o32 � 760 755,aj- 755 750'ks 9fn — a�,$a750 Rw _ -r :1c i�9 4 745 - 0R'it. Gam to 0. -1 740 745 740 PnoPoaD auto o - • 10Cva Na 735' 730 725' 0+00 735 730 33 ES 27' 1i!'P ran=E 725 1+00 377-U- 40' nci 7+00 6+00 740 735 730 725 720 715 710 fl 1n CCC mamma a- N1i L01010P L-RtRaPyrtilb nl. WIREI'O (PIWWR7 1" t LE 42:r10 9+00 0+00 15 'sF 10+00 oasr *0 0 CL onmoato a` M. tettnm a7a u :rx3 11+00 740 720 715 '710 1+00 1+40 4Aei..'11111 t. 1 ^Z( s11R1 J - RKALL N01LS f0a PJOETMEM PYNI 1 SIX 0411 3 RIME pions ILLa 12000071LL a SIT UM J - G6¢TK WITS Inn Pm, LITE Am URnY CDMrt 071700001. 12+00 755 750 745 •i . a else 740 735 730 725 '720 715 13+00 mnaA SUES I'-00' 1'•5' Y atn J0 0 Reserve at McAlister Fort Worth. Teas Er?.�, • 4ot n E- 4sP 05/28/14 IHt PROEM, rIO 2013 193 000 SECT NO: 21 EXHIBIT B A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below COVERAGES CERTIFICATE NUMBER* REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. ILTR + TYPE OF INSURANCE DDL SUER' POLICY EFT J POLI GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY X CPP0895298 I CLAIMS -MADE X ' OCCUR GEN'L AGGREGATE LIMIT POLICY JE0 AUTOMOBILE LIABILITY A XANY AUTO ALL OWNED AUTOS HIRED AUTOS APPLIES PER IXILOC 1 SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB X I OCCUR A X EXCESS LIAB I CLAIMS -MADE, I DED I I RETENTONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES re: N. of McAlister Road, W. of Certificate holder is listed as Estate Development property. CERTIFICATE HOLDER The City of Fort Worth Department of Development David Schroeder, Planner 1000 Throckmorton Street Fort Worth, TX 76102 CPP0895298 CPP0895298 WC8999785 J4CORnCERTIFICATE OF LIA PILITY INSU' NCE MVCOM-1 OP ID: LP DATE (MM/DD/YYYY) 05/14/2014 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER The Roehr Agency 8035 Hosbrook Rd. Suite 100 Cincinnati, OH 45236 Alvin F. Roehr, Jr. INSURED MV Residential Construction MV Residential Development Reserve at McAlister Senior Housing Larry Braucher 9349 Waterstone Blvd #200 Cincinnati, OH 45249 NAMEACT Linda Perry PHONE 613-986-0353 mica No. Exti: RAILS: Iperry@roehrins.com INSURER(S) AFFORDING COVERAGE INSURER A :Cincinnati Insurance Company INSURER B INSURER C : INSURER 0 : INSURER E : INSURER F : (NC. Nal: 513-985-0359 NAIC p 10677 CY EXP I lSRR VFJVD POLICY NUMBER (MMIDD/YYYYI I(MMR)D/YYYYI EACH OCCURRENCE 09/26/2013 09/26@014 DAMAGE rD REN TED PREMISES (Ea occurrencal MED EXP (Any one person) PERSONAL & ADV INJURY 09/26/2013 09/26/2014 09/26/2013 10/01/2013 GENERAL AGGREGATE PRODUCTS-COMP/OP AGO Emp Ben. COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Par accident) PROPERTY DAMAGE (PER ACCIDENT) I EACH OCCURRENCE 09/26/2014 AGGREGATE $ $ X ITORY LIAITS I I p FR 10/01 /2014 E L EACH ACCIDENT $ (Attach ACORD 101, Additional Remarks Schedule N moro space Is required) 35 W, Tarrant County, Fort Worth, TX 76028. additional insured as respects this Real CITYFOR LIMITS I$ $ 5 5 S s 5 $ $ 5 $ 5 5 E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ CANCELLATION 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,0002 20,000,000j 20,000,000 500,00f 500,000 500,000 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 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD