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HomeMy WebLinkAboutContract 45806 (2)1 • cny mcarsinmills comer ma w ORTH RIGHT OF WAY ENCROACHMENT AGREEMENT (COWER CIAL) THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or its Planning and Development Department Director, hereinafter referred to as "City", and CRP Cypress West 7th Comznercial LP, a Delaware limited partnership acting I� � herein by and through its duly authorized managing member, CRP West 7th, LLC, a Delaware limited liability company hereinafter referred to as "Licensee", Owner of the property located at 3001 West 7th, Fort Worth, Texas 76107 described on Exhibit "C" attached hereto and contained within the property shown on the site plan attached hereto as Exhibit "D" ("Property"). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee permission to construct/install and/or allow to remain, certain improvements (the "Improvements", whether one or more) that encroach upon, use and/or occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights -of -way (collectively, the "public right-of-way"), such Improvements being described as follows: • Post Mounting Parking Identity Signs • Project Information Directories 2014 ROW Encroachment Agreement -Commercial `' i rcu L kEigeOWB Page 1 of 20 ©B T gri©RF,LIMEN Rev. 04/2014 • Streetscape Art Icons The location and description of the Improvements and the encroachment are more particularly described or depicted in Exhibit "A", attached hereto and incorporated herein for all purposes. 2. All construction, maintenance and operation in connection with the Improvements and their 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 directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. All plans and specifications for the Improvements shall be subject to the prior written approval of the Director of Transportation and Public Works, or his or her duly authorized representative, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the public right-of-way, except as described herein and depicted on Exhibit "A", 4. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate agencies of the State of Texas and its political subdivisions In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 such encroachment and use, Licensee shall pay 2014 ROW Encroachment Agreement -Commercial Page 2 of 20 Rev. 04/20 14 to City an amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 2014 ROW Encroachment Agreement -Commercial Page 3 of 20 Rev. 04/2014 5. Upon prior written notice to Licensee, except in the case of an emergency, City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of the Improvements, but City shall make reasonable efforts to minimize such damage. 6. Licensee agrees to pay to City an application fee of $325.00 at the time this Agreement is requested 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 a fee in the amount of $.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. 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. City shall notify Licensee of the non-compliance in writing, and if Licensee has not cured within 30 days of such notice, 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. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the public right-of-way, and restore the public right- 2014 ROW Encroachment Agreement -Commercial Page 4 of 20 Rev. 04/2014 of -way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then -existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the public right-of-way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the public right-of-way and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the public right- of-way to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the public right -of way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and, that City cannot contract away its duty and its legislative power to control the public right-of-way for the use and benefit of the public. It is accordingly agreed that if City's governing body at any time during the term hereof determines in its sole discretion to use or cause or permit the public right-of-way to be used for any other public purpose, including but not 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, that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the public right-of-way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right-of-way and is not a conveyance of any right, title or interest in or to the public right-of-way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 2014 ROW Encroachment Agreement -Commercial Page 5 of 20 Rev. 04/2014 11. 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 Improvements, encroachment and uses. 12. 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. 13. 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. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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 IMPROVEMENTS AND 2014 ROW Encroachment Agreement -Commercial Page 6 of 20 Rev. 04/2014 ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES 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 ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. 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 described or depicted 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 promptly following notice to Licensee of such requirement. Licensee agrees that it shall not cancel or amend such insurance policy 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" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of his 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 2014 ROW Encroachment Agreement -Commercial Page 7 of 20 Rev. 04/2014 Agreement and until the removal of all encroachments and the cleaning and restoration of the public right-of-way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the 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. 17. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of Licensee's obligations. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City Manager or his or her designee. Any attempted assignment without prior written approval shall be void. In the event Licensee conveys the Property, Licensee may assign in writing 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 shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment in event of default 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. 2014 ROW Encroachment Agreement -Commercial Page 8 of 20 Rev. 04/2014 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and . assigns. EXECUTED this3-er day of July, 2014. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 ROW Encroachment Agreement -Commercial Page 9 of 20 Rev. 04/2014 City City of Fort Worth P By,, Rant le Harwo 1 Planning & Development Director ATTEST: City Secre CP 0 ,J0 Licensee CRP Cypress West 7th Commercial, LP, a Delaware limited partnership By: CRP Cypress west 7th Commercial GP, LLC, a Delaware limited liability company, its general partner By: CRP Cypress West 7111 LLC, a Delaware limited liability company, its sole member By: CRP West 7th, L.L.C., a Delaware limited liability company, its managing member By: Name: Title: MICHAEL GERSHENSON VICE PRESIDENT Approved As To Form and Legality 0 3; 0 w 0 O�! 1;Lj 2, v r J *43 °Go o o 00°' oo is- 2014 ROW Encroachment Agreement -Commercial • ssistant City Attorney OFFICIAL, RECORD CITY SECRETARY FT. WORTH, TX s Page 10 of 20 Rev. 04/2014 Consented to and agreed by the undersigned, which owns the property described on Exhibit "E" attached hereto and which is contained within the property shown on the site plan attached hereto as Exhibit "D": CRP Cypress West 7`h Residential LP, a Delaware limited partnership By: CRP Cypress West 7th Residential GP, LLC, a Delaware limited liability company, its general partner By: CRP Cypress West 7'', L.L.C., a Delaware limited liability company, its sole member By: CRP West 7`h, L.L.C., a Delaware limited liability company, its managing member By: Name: Title:_MICHAEL-GERSHENSON VICE PRESIDENT 2014 ROW Encroachment Agreement -Commercial Page 11 of 20 Rev. 04/20 14 STrLTE OF TEXAS COUNTy OF TAINT onBETO �' the undersigned this day cr authority, so E, appeared t , a Notary name is � Public in az� subscribed Randle Iarvv d for the � d �° the foregoing 4°�� o� State of executed the samen to me to beTexas, for instrument the the purposes ' and acknowledged person whose deed of the � ses az �led °,° , �d consider fedo °-�e that he/she and in the capacityation therein ����'���stated.expressed, as the act GI x r ,� r and DR l Y( V I I Ado A. 2014. CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 2014 RO W Encroachment ent Agreem • ti ent -Commercial PRICE Notary per Ire in an �- d-�arthe fate of Texas Page 12 of 20 .Rev. °4/2014 day or wagklnstofl, pistrlCt of Columbia 0014#444BilifFORE ME, the undersigned authority, a Notary Public in and for the State -of `- cth on this day personally appeared �i�I e F/,.._ 6-;-EkSgENISOtti (name) Vi yet (REkS ibstfir (title); 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 CRP West 7`h, L.L.C., on behalf of CRP Cypress West 7`h; L.L.C., the sole member of CRP Cypress West 7th Commercial GP, L.L.C., general partner of CRP Cypress West 7th Commercial LP and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C day of TU-1•-1/4/ , 2014. • 2014 ROW Encroachment Agreement -Commercial 3 Nota"'Public in and for the �.r tDL�TThic�dV CkLvit'l 4 �A- ��rr� cxa� Page 13 of 20 Rev. 04/2014 on this day D,srea cvr Be041,0,4 -FORE ME, the undersigned authority, a Notary Public in and for the State of �� on Cia�T C Reir,SLT,ED r aeon, Dhstrict of Columbia t3l i personally appeared �/C��}--F� GletSitgaS (name) (title); known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sane for the purposes and consideration therein expressed, as the act and deed of CRP West 7th, L.L.C., on behalf of CRP Cypress West 7th, L.L.C., the sole member of CRP Cypress West 7th Residential GP, L.L.C., general partner of CRP Cypress West 7th Residential LP and in the capacity therein stated. GIVEN UNDER MY ITAND AND SEAL, OF OFFICE this day of • 2014 ROW Encroachment Agreement -Commercial Notar, ''ublic in and for the 1St-Ur Ca- (101H f/9 State of Texas Page 14 of 20 Rev. 04/2014 CONSENT AND SUBORDINATION The undersigned, Canadian Imperial Bank of Commerce, acting through its New York Branch, as Administrative Agent ("Administrative Agent"), as the holder of a lien on that certain real property located at 2821 West 7th Street and 929 Norwood Street, in Fort Worth, Texas and commonly known as "West 7th", hereby consents to the foregoing Right Of Way Encroachment Easement (Commercial) attached hereto ("Agreement") and agrees that the lien of (i) that certain DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT ("Commercial Deed of Trust"), made by CRP Cypress West 7th Commercial, L.P., a Delaware limited partnership, and Carlyle/Cypress West 7th, LP, a Delaware limited partnership, to Peter S. Graf, as Trustee, for the benefit of Administrative Agent, dated as of May 27, 2014 and recorded on May 28, 2014 as Document No. D214109328 in the Official Public Records of Tarrant County, Texas, together with all documents executed in connection with such Commercial Deed of Trust, and (ii) that certain DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT ("Residential Deed of Trust"), made by CRP Cypress West 7th Residential, L.P., a Delaware limited partnership, and Carlyle/Cypress West 7th II, LP, a Delaware limited partnership, to Peter S. Graf, as Trustee, for the benefit of Administrative Agent, dated as of May 27, 2014 and recorded on May 28, 2014 as Document No. D2141093 3 0 in the Official Public Records of Tarrant County, Texas, together with all documents executed in connection with such Residential Deed of Trust, are each subject to and subordinate to the Agreement and that any foreclosure or deed -in -lieu . under either the Commercial Deed of Trust or the Residential Deed of Trust shall not extinguish or invalidate the Agreement or the rights, benefits, duties and burdens of the parties thereto and their respective successors and assigns. STATE OF II.,LINOIS ) )SS. COUNTY OF COOK ) CANADIAN IMPERIAL BANK OF COMMERCE, acting throu Agent for By: its New York Branch, as Administrative rs Name: David C. Slade Title: Authorized Signatory On the 28th day of July in the year 2014, before me, the undersigned, personally appeared David C. Slade, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Authorized Signatory, of CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York Branch, as Administrative Agent for the Lenders, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrumenr- Nota Public, State of Illinois 2014 ROW Encroachment Agreement -Commercial Page 15 of 20 Rev. 04/2014 EXHIBIT "A" Location and Description of Encroachment and Improvement 2014 ROW Encroachment Agreement -Commercial Page 16 of 20 Rev. 04/2014 GENERAL PROJECT INFORMATION Page No. 0.0.1 E1.01 General Description Table of Contents Zone Plans PROJECT SCOPE OF WORK Page # Item Description Quantity Original Date LastA SIGNS SF ITEMS Cr' 10.04.4 Post -Mounted Parking Identity Sign Project Informational Directory ref,, 71- 4 n 4 —zoreeims44&4toostoloteFeee::- 3F :.E. SF 1.5,1 Streetscape Art J'•':' 1dl In FOOTPRINT & AREA BY ITEM Item # GR 20.02.1 -'-E3R-2E C3 GR 30.01.1 C'12G 01 r SF 1.5.1 f Item Description Post -Mounted Parking Identify Sign Project Directory Streetscape Art 04.30.14 04.30.14 1 04.30,14 Area (sf) .26 3.2 on 2.3 Extension (sf) ,nn B_33 333 �a22'2 Last A Date ,11, 17 p114 Comments Comments NI "IJ 1113111 •sw -1-at'.[zuL e.00o 5Q5DESIGN BOULDER: 2520 Broadway Street Boulder, CO 80104 CHARLOTTE: SUB Wel lilt SI Charlotte. NC 28201 SAN FRANCISCO• 47 Kearny greet 502 San [rare tsru CA 94100 telephone 7E0 SE50505 SHAlmdx 740 Sp) 0404 Ioleplmnx 1o4 J48 7000 Ianrmiln 10414E 7005 lolephmte 401421E000 Encroachment Document West 7th PROJECT Vaster OWNER JB, LW, TC, KK, BM, JDP 05IESIGN I [AM ANDSCAPF ARCHITECT Laminar:Inc 1 PO4) 333 0325 223 North Gorham 5l i 104)332324B ChaMle. NC 2E202 Helh Kandnck UNITING DESIGN AK Onion Group t (818) 895 7000 16921 Pn thonm SI 11205 11010) 095 7000 Noah HAN, CA 91343 Jnywrmnrc ELECTRICAL ENGINEERING Jo-yn A net F,gmeen 11469) 3E5 1616 vinhN DAL" nwy q 0 army Stub. PE D,m412 1324? ORIGINAL ISSUE {If VISIONS /3\ 30 Apr. 2014 27 May, 2014 06 June, 2014 17 June, 2014 Scope of Work thew drawings ate lot the solo purpose 01 elpres)rlU yrsual desl0n intent and me not intended lor cons)ru[l On ourposrs All Aspects enputennng IanRoOat 1041411alion and any resulHno documenlalmn are the reJounoll4lty of the Glhrltulor ie PPtl'[nry� tM ELICIRCA NUC44 KEY NOTES: Ot LAC EMAIL ELLCBICa. BDOI 511141.1114 POWER ID NEW BINCa LOCATED nm PROPERTY LH. ND D06 NOT REPRESDI1 ALIWL COMBO AONIJG O NEW STMDUCIIT C LONER 10 DE DOCPONIIED MIH err ar FO0 worm. Oj ALLCONBLm1O RUN BFNFAmm BIorwALY. PERPENOCUUP FROM BIRLDING florin ENCROACNMENr oaJER 0 ALL CONDLRIO DI INSTALLED AT A DEPTH Or 4' OR GREATER BELOW RADE F rne*L RDON IOC, NAME INR' ELECIRC4 ROM 'MSC Sac PRI UTY-., i / PR LAZY 1 tLN m ,0.--PPOERlY WN in ♦ ♦ • • OEN OPER Lit ELECTRICAL PON IOC -aWACCS (2) SPARC MAIN N ONCE DIEHL (2) :PCB Aw&E N YFL'. , PNES SSW, S1C PROPERTY NCAGC /LAC • POMMY 1"N 120'.0" 5B5DESIGN BOULDER' 2S20 Rmeoway MIMI Telephone tZe San arch Boulder, 10 H0304 Inctlmoe 7705e5 0504 CHARLOTTE: 508 West Filth SI 250 Ieleulrmle 704 Nth TONI Charlotte NC 2820Z taalmde 1U4 148 11105 SAN FRANCISCO: 41 Xmnly Strrci, 502 telephone 415 4214800 San rontAro, CA 4410E Encroachment Document West 7th PROJECT Vestar OWNER JB, LW, TC, KK, BM, JDP 50504316N TEAM LANDSCAPE ARCNIIL LandDnalon, Inc 223 Norlh Graham Si ChntkBT, NC 2R202 C1 I (704) 331 0325 1 (704) 3323246 Huth Hnnd„ck 1161111610 DESIGN UN Nolan Group get8l Mn52W0 16921 Panhen,o St 0205 r01111 1395 7000 No,lh HiIL, CA 91343 lay Winters It ((APICAL ENGINEERING JONm 4 Skala Fromm I 140913851616 HAGS N GARn Mwy IWO Je,enly Stun. Ph WEN Ty Issal ORIGINAL RUDE 30 Apr. 2014 REVISIONS 27 May, 2014 06 June, 2014 17 June, 2014 Encroachment Plan Electrical Ihece Grdwlnos are for the sole purpose of expressing visual demon ellen( and ere not intended tar construction purpnse5 All asller is Pnoneennn, IdUnGNon me1.1lalion and any resulting Uommen aeon ore tlm espoll:610 of the Llhnrator E1.00 % Con rn 0 ET NJ DJ 13 tof o aler ca 3 le go 12- 03 0= 0 (( _ / Ueel1V SIV adoydala e o- uN3JJSFin 1 77 j 8 PROJECT MARKER, REF. 8E1.5.1 PROJECT MARKER, REF. SF1.5.1 L 7 /et d 0 v 0 PROPERTYLI e i 2071-9Y2" r F\\\ I: I\ \\\ SIGN TYPE 20.02 —: SIGN TYPE 30.01 92 174- �< PROPERTY LINE --� 0 0 t p 1/32"r 1'-0" 5P5DESIGN BOULDER: 25l0 Bmatlw,ly SI reel Boulder, CO 80304 CHARLOTTE: 50a West Filth SI FA Chdduee NC 1B202 SAN FRANCISCO 41 Aeon street SO2 Sal Eranusto CA 44100 Ieleplionn RU X650505 14comde 120 5650504 Telephone 104 140 TOW Iatsmole 1114 148 DIUS telephone 41A 421e9110 Encroachment Document West 7th PROJECT Vestar OWNER JB, LW, TC, KK, BM, JDP 5050[SIGN TEAM LANDSCAPE ARCH Landovslan, Inc 22J North Godwin Si CtlnlOD, NC 28202 IIECI 1(704} 333 0325 i (T04)332-3240 Oath Henan I16HUNG DESIGN AK Design Group t (BIB)895 7000 16921 Portheme St, 1205 118101095 701111 North Adis, CA 91343 Joy Wailers LLttNICAE ENGINEERING Jordan a sAaa Engineen t 469) 385 TAW 17155N oath. Hwy Are Jeremy Slnnh, PE Oahe TX Wei ORIGINAL ISSUE 30 Apr. 2014 BEVIS/OHS /�\ 27 May, 2014 \ 06 June, 2014 /3\ 17 June, 2014 Location Plan Zone 1 These Ur.minus are for the sole purpose of expressing venal demon intent and are not intended for construction purposes_ All roped: Pnumeerma Iahncalion nnvlalMlmn, and any reStglIllq dot mentalion are the responsibility of um rdbrnoimr E1.02 • 3' - 6" Post Mounted Directional Sign Elevation Scale. 1/2" = 1r-0" ,25" gauge painted aluminum panel with 5" ninety degree bent return - wraps post. Painted to match (P1) Applied reflective white vinyl graphics, 10" tall painted area - represents the associated Parking Deck Color North Deck (P5) t-- .25" thick applied Parking Deck Name +-- 5" square aluminum post, Painted to match (P3) i .25" thick applied Parking Deck Name .25" gauge painted aluminum panel with 5" ninety degree bent return - wraps post Painted to match P1 Panel to be mastic attached and secured with mechanical fasteners (countersunk stainless steel setscrews) IraPost Mounted Directional Sign Elevation -Opposite Side Scale. 1/2" = 11-0" 5" square aluminum post. /Bp QPanel Attachment Detail Scale: 3" = 1-0" 5" square aluminum post. 1l2" aluminum base plate, secured to -- concrete slab with epoxy anchor bolts .090" aluminum pan decorative cover,--t secured with countersunk SS set screws Concrete slab-- c 5" Mastic applied painted aluminum letters - 4"tall x.25" thick SEE SIGN ELEVATIONS ON FOLLOWING PAGE(S) A Ct de NOTE SPECIFIC SIGN ATTACHMENT DETAIL TO BE DETERMINED BY AS -BUILT CONDITION FIELD SURVEY. TO BE PROVIDED BY SIGN FABRICATOR eb Mounting Detail Scale. 3" = 1' 0" 5o5DESIGN BOULDER: 25211 Broadway Sheet Bouldet Co 80304 CHARLOTTE: SUB Wort filth SI 250 Charlotte NC 2B2@ SAN FRANCISCO 41 Bratty Street, 502 San {mnodm CA 44108 telephone 120 Sb50505 bic,mhe I1Re59504 telephone 1U4348 TO011 Iaostmne I114148100A lolephvm 415421 99011 Encroachment Document West 7th PROJIC1 Vestar OWNER JB, LW, TC, KK, BM, JDP SUSDE116N IEAM LANDSCAPE ANrHI LandDBsl9n, Inc 223 Norlll Graham St Chatlotle, NC 282112 1E61 t (704) 331-0325 117041 OD23246 Meth Nandnck I IrI11NG RESIGN AK Oaalpn Group 16921 Pnrlhanm 51, b2 North HIB., CA 91343 (81B) 895-700 (818) 895700O Joy Winter. ELELIRICAL ENGINEERING brain t SIAN Engineers 11469) 385-1616 trash N pain Are u20 Sweaty Slnnb, PE Oath. D q}01 ORIGINAL ISSUE REVISIONS /1\ 30 Apr. 2014 27 May, 2014 06 June, 2014 17 June, 2014 Post -Mounted Parking Identity Sign These drawirms are lot Itic sole purpose of expressing Mull 1enpn intent Jnd me not intended fur tonslrurlmn purposes All aspects ellgllleennq bbncah0n nrtlallalmn acid an) resulllnti dorurnenlatmn ate 111e rosponsibAlty of 111e FaoncJtor deb Informational Directory • Front Elevation NW Scale. 112" = 1'-0" See detail on following page. flInformational Directory - Night View Scale 112" = 11-0" 595DESIGN BOVIOER: 1820 Broadway S11441 Boolda, CO 80J04 CHARLOTTE: 5118 Wrst Filth SI 2'AI Irleltone 104 J481000 Charlotte, NC 28201 I4csmole 1114 J481008 S AN FRANCISCO: 41 Kearny Street 502 telephone 415 42I008 Sam nanu.rn CA R4108 telephone 720 8650r415 latsimne 720 86511504 Encroachment Document West 7th PROJECT Vestar O WNEk JB, LW, TC, KK, BM, JDP 80SDESIGN ITATI LANDSCAPE ARCHITECT L.naondyn, Inc 223 North Graham 5l Choannn, NC 28202 1 (7011333 0325 I (7041 TJ[ 2240 Hetti Herons LIGHTING DESIGN JN Design Group 1011 BT 8957000 10921 Pnrlhnnia St, 4205 Ilei a) 895 71100 NOONHMIs, CA 91343 any W1nlers FIECIRICAL ENGINEERING Jonitn 611 %"R1 1148BT 3B5 t816 20 Joromy Slnon, PE Dallas TX ism ORIGINAL ISSUE REVISIONS /2\ nI 30 Apr. 2014 27 May, 2014 06 June, 2014 17 June, 2014 Project Informational Directory HIP 1 re for the sole purpose of • visual anon talent and are nut mimled for construction our,Oses All .Ispec is lenuu11ol1 11rc141La11un endnn? n ultinQ OOmmentamu at thn 10 1011s9n11aY o1 Inn rani celor Painted aluminum sign -ter cabinet; SP-1 3/8" Thick. internally - illuminated acrylic; A-1 Plan MP Scale 3/4" = 11-0" 4 4- Elevation "I Scale. 314" = 11-0" 3'-6" 3'-5" RECTO 2'-6" I• i /,/ Acrylic slopes for water runoff Routed -out symbol reveals to illuminated acrylic Painted aluminum sign cabinet, double -sided; SP-1 N Routed -out letters reveal to illuminated acrylic. Glass window for back -lit directory insert, Edge of acrylic beyond Directory panel is removable, Fasteners for removable panel are countersunk, tamper proof, and painted out to match cabinet face, SP-1 Painted aluminum cabinets, SP-1 Reveals are illuminated acrylic, A-1 Concrete base aSide Elevation Scale. 314" = 1'-0" /- 3/8 thick, internally - illuminated acrylic, A-1 JJ� Painted aluminum sign cabinet faces; SP-1 / j Painted aluminum cabinets, SP-1 grb Side Elevation Scale. 3/4" = 1'-0„ Side is painted aluminum; SP-1 595DESIGN BOULDER' 2S2U Bf0ddw4V Street Boulder 1'0 GUM telephone 1205e5050S ITT -senile In 5o50504 CHARLOTTE: 508 Wo;I Nlth SI 250 telephone 104 348 IOW Charlotte NC 38202 I4mmtlo 104 148 /OBS SAN FRANCISCO 41 NednlV Street SW San lranrrgo,, CA 94108 telephone 4154E19900 Encroachment Document West 7th PROTECT Vaster UWNER JB, LW, TC, KK, BM, JDP SOSOESIGN TEAM LANDSCAPE ARCHITECT LendeenIRn, Inc 10041333 0325 223NorIll Graham 5l f r1041332324 Mulatto,, NC 28202 IGNIINL DESIGN GC Donlan Group 10921 Pnrthama SI, R2U5 Nortll N14S, CA 9134] Meth lcendntk t (818)895 7018I I tB1018957000 Joy WnIem IEC1RICAL ENGINEERING Jordan &Shure E,io . n 11455 N Palls Awy ION mbv TX NV ORIGINAL ISSUE REVISIONS /3\ t (469)385 t616 Jemmy Sinai, PE 30 Apr. 2014 27 May, 2014 06 June. 2014 17 June, 2014 Project Informational Directory These Jrowmps Jrt• lur Ole sole purpose of erpreismp usual Ileslon orient and die not nilended for <nnslmrtion purposes All asps{is nmm�eenlxt tdllnommo lns1411dhpn and any resulting darumenlatwn me the responsIIIlIy of the labncator Internal support as necessary. Glass panel holds subsurface, back -lit, static -cling directory insert. Warm while LED modules. 1" reveals are intemally illuminated with white acrylic face; A-1 Fasten sign to concrete base Electrical conduit through foundation deb Section Scale. 1" = 1 r-0" r 3/8 white acrylic; A-1 Warm white LED modules, Removable portion of cabinet face. Construct so aluminum panels and glass can be removed as one piece 3/4" compressible filler and sealant at joint. all sides. Typical, 545DESIGN ROULOER: 25211 Broadway Street Ielephonr IA) 56A 0505 9oul11rr CD 811304 latsnnllr 1205n5 05114 CHARLOTTE: 51111 Weil Fllhi1, 750 IMephone 1043461003 ChnrlmN if 29202 laulmde 7043d61005 SAN FRANCISCO: dl Nearny Street 502 leleph0ne 415 Allude° San nanmm, CA 9410N Encroachment Document West 7th PROJ[CI Vestar OWNER JB, LW, TC, KK, BM, JDP 5OSD[SIGN TEAM LANDSCAPE ARCH! tandeatIgn, Inc 223 North Graham SI Crorbta, NC 213202 IECT I(704)333 0325 (704)132 3246 Seth Kondnck LIGHTING DESIGN JK Design Group 11616) 895 70110 16921 Porlhenw St, R205 11H1R) 895-7000 North Hdrs, CA 91343 Jay WlrrtlS ELECTRICAL ENGINEERING Jud,n A546 Ergnnt4 1(469) 3851616 11h4N DUNA Nry k]211 Jaminy Stnnh, PH Day, TY P.2B1 ORIGINAL Issu[ REVISIONS nI Al 30 Apr. 2014 27 May, 2014 06 June, 2014 17 June, 2014 Project Informational Directory Ihesr drawrnei are for the old purpoyoul erures 100 VF;WI Urslpn n9enl and OP nil mlroded for mnstrucl an corpuses All aspeJs unonrerm9 lehn[dbml m:talldor, and any esultlor dommmnlalion aro Ole t esponsNAAy ul Ihr[atrrtator inView Looking Down West 7th Street with Proposed Art Scale, NTS ®View Looking Down West 7th Street with Proposed Art Scale: NTS Streetscape Art Elevation WO Scale 1/2' = Twisted sculptural post - clad with faux painted alum. panels to match "Coreten' steel look, 545DESIGN BOULDER: 2520 Broadway Street telephone 120565 0505 Bulger CO 00104 Inc mtle 72056506114 CHARLOTTE: 5110 West Filth SI 25O telephone 104 348 111011 Charlotte NC ZN202 lacunhe 104 340100S SAN FRANCISCO: 41 Beano ;Irma SO2 lelepllone 415 4818000 Sall Irani rim, CA 94108 Encroachment Document West 7th PROTECT Vestar OWNER JB, LW, TC, KK, BM, JDP SU50ESION TEAM LANDSCAPE ARCH LuadDo.IRn, Inc 223 North Gotham St Charlotte, NC 20202 IIEC1 1(704) 33341325 (7114) 93 3240 Helh Keed,ck LIGHTING DESIGN JD Oilskin Group t (SIB)895 7000 16921 Porthenu SI, 41205 1 (818) 895 7000 North HIP:., CA 91341 Jay Winters ELECTRICAL ENGINEERING Jordan a Pala Eagleson t 1469)1N5 I61G nrce N nmtak V,wy 14.120 J°felny Sloth, PE. NIUE. h 7S101 ORIGINAL ISSUE REVISIONS Al 30 Apr. 2014 27 May, 2014 06 June, 2014 17 June, 2014 Streetscape Art These d,awmq: ern for the sole put pose of ery,usNnq ynual 0e:ion llllr111 and are DOI inlenOnn lac conatruc lam put Hoots Allu:prcI en1o11eenno 4bricabori, In:taltallun, and any e ultnlq clothinentation are Ili ,e:Omnlhtl Ay of the FahuCator SF1.5.1 1/8" wide x 1/8' deep routed reveals Paint to match pylon face; SP-1 Illuminated, cast -acrylic panel on Side D; A-2 Pylon cladding is 1/4" thick painted aluminum; SP-1 (Typical) • Panels are fastened as necessary for assembly and maintenance. Use countersunk screws with minimal heads and paint to match cabinet; SP-1 in Elevation - Side A Scale 1/2" = 1'-0" aElevation - Side C Scale: 1/2' = Illuminated, cast -acrylic panel on Side B, A-2 Typical aluminum cladding with reveals and fasteners. 4 w Infernally -illuminated white, cast -acrylic panels; A-2 Typical aluminum cladding with reveals. No visible fasteners. aFlattened Elevation - Side B Scale: 1/2" =1'-0" aFlattened Elevation - Side D Scale: 1/2" = 5a5DESIGN BOULDER; 25208reaway Slteel Boulder [O80104 CNARLOTTE' 50E1 Welt Filth Sl 250 rhIDJolto NC 292112 SAN FRANCISCO 41 'many Street 50/ San Francisco, CA 941011 leleplloor 120 S650505 taulmtlo 120565 US114 Irlephone 104 343 10011 Iaulm4e IW 34010115 Telephone 4154110g00 Encroachment Document West 7th PROJECT Vestar OWNER JB, LW, TC, KK, BM, JDP 5050[SIGN TEAM I ANDSCAPE ARCHII[CI t LAndDeslgn, Inc 223 North Graham St Charlotte. NC 2E1202 t JI M} 333 0325 r (704) 332 3246 Holh Kendrick LIGNIIN6 0f516N IN Nolan Group 11N1Nt a95 7000 16921 Perham St 4205 I MHO B95 7000 NONN Hips, CA 91343 Jay Wlmnts ELECTRICAL ENGINEERING .bN,n ATuh Enpmrw ;OR 3N5-1610 Irros N Delon Acre in A) JMnmy Staab. PE Deka: TM ruin OkIGINAL ISSUE 30 Apr. 2014 REVISIONS 27 May, 2014 In� 06 June, 2014 /3\ 17 June, 2014 Streetscape Art New drawler; are for Me sole min pose of rvnres:no Pineal demon intent and ale not intended for construction purpose: All aspects engineering IadlGhon.ln5lnlla11m, •md any reeulhnu documenlaNnn Orr the re:ponslWllty of Ike Fabrudlte SF1.5.2 Edge of pylon at base Illuminated white cast acrylic; A-2 Typical aluminum cladding with reveals Side B Cap is 1/4" thick painted aluminum; SP-1 Side C C at base OPlan View Scale. 1 1/2" = 1'-0- Side A \ � at top eP n Pylon is supported by 6' square steel tube. Warm while LED modules. Arrange so as to evenly Illuminate acrylic with no shadows or dark areas. Side D Acrylic to be farmed so as to provide a flush -fit underlap joint with aluminum cladding along pylon side. Adhere or use concealed fasteners along jowl OSection Detail Scale 1 1/2" = OSection Detail Scale, 1 1/2' = 1'-0" Internal support as necessary Acrylic / aluminum joint to be adhered/fastened securely and evenly along entire length. 535DESIGN BOULDER: /80 Bromlw.ly Street 800111K CO I010n CHARLOTTE: 5U8 West f41h51, 150 clldrl011n NC 28202 telephone 110 55511505 Iasenne 1)11 roe)m11n Irlephone 70414e 7011u lorserere 104 348 1005 SAN FRANCISCO: 47 Mary Street, 5U2 telephone 4154210100 )an franowo PA 04l05 Encroachment Document West 7Ih PROJECT Vestar OWNER JB, LW, TC, KK, BM, JDP 5050ESIGN 1EAM LANDSCAPE ABLNI Lend0es19n, Inc Ill 223 North Delon St Charlotte, NC 2820Z IECI 1(71M) 333 0325 I (704) 312 3246 Meth nendnclt L16HIING DESIGN JN DasIgn Group 11818)895-7000 16O21 ParthenD Si, #205 118181 B95-7000 North H,(. CA 01343 (My Winter ELECTRICAL ENGINEERING JONm 194b Ei.mm t 469) 385 161 G inns N Dols" Mow 10711 Jeterny Staab PE DmU, TA 152m ORIGINAL ISSUE 30 Apr. 2014 REVISIONS 27 May, 2014 06 June, 2014 17 June, 2014 Streetscape Art These drawlfQS Are lor the 'Ale purpose of expressing visual Mures relent and Aenm minndeJ for [Destruction purposes All .'specs en01neefm41abriG41nn, installation And Any insulin' doromentabort Are lie rexpp1111htely o1 the taboret°, SF1.5.3 1/4" thick painted aluminum trim cap, SP-1 LED module panels. Internal support as necessary. 6" square steel support tube. Burled concrete foundation. Electrical conduit through foundation. LISnPITS n MS% ON EEO RSV RIM \. n.mnil VMS MS RES RISn.n MLR ATV e. .., *FS m .n S U N S LIS es Flattened Vertical Section Scale:1/2' = 5Q5DESIGN BOULDER: ?VG Broadway slreel Rankin, CO 80934 CHARLOTTE: MIS West [dth sI 60 ❑manito ILL 3820E SAN FRANCISCO: 41 Kwitny Street. 902 S.m Franon( CA 94108 Inlephnne R0 S450909 la[umae k0 505 05114 telephone 104148 1000 IaairAe 7047481005 telephone 415 4114910 Encroachment Document West 7th PROJECT Vestar OWNER J8, LW, TC, KK, BM, JDP 509DESIGN TEAM LANDSCAPE ARCHITECT LandOeslyn,Inc 213 Narin Graham 5l Chadotk NC 28202 1(7041333-0325 1704133E 3240 Huth Knndn[F LIGHTING DESIGN JI(Oeslgn Gmup t (818) 895 7{UI 16921 Pnrthema S1, 42O5 I N118) 8957001 North Hin,, CA 91343 Joy Wmlers ELECTRICAL ENGINEERING Jwtlm Ankara En0rneen 111156 Si Nibs Kew 320 Dalian h/LAI ORIGINAL ISSUE REVISIONS /t\ 3 1(469) 3851616 Tummy SWnb. PE 30 Apr. 2014 27 May, 2014 06 June, 2014 17 June, 2014 Streetscape Art Hiroo drawnoe are lur thr Lulu outpour of ( Pre r CYJl llesi 0n In 1n111 ,nld dt e 1101 inlnrNed tor rmislmNon purposes All a:oetls ellgm0euno, labn[almn un1J11.49l, and any Ie:uiIIIw dtaumenlallpll err t he respohnlbillly 0, the rabnraloi SF1.5.4 Exhibit "B" 2014 ROW Encroachment Agreement -Commercial Page 17 of 20 Rev. 04/2014 DATE IMMIDDNYYY1 . CORCERTIFICATE OF LIABELITY INSURANCE 10,1412014 I 6/17/2014 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 1S 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 10 the certificate holder In lieu of such endorsement(s), PRODUCER LOCKTON COMPANIES QNTAGT 2100 ROSS AVENUE, SUITE 1400 PRO R-MAO E ETIt iFAX C;No1: DALLAS TX 75201 EIL 214-96966700 ADDRESS: INSURED 133843G Carlyle/Cypress West 7th, LP Cypress Ventures, LLC 8343 Douglas Avenue, Suite 200 Dallas TX 75225 COVERAGES CVEOU01 INSURERISI AFFORDING COVERAGE Liberty Mutual Fire insurance Company 1 tlTnri r )ne,ttrnnna f nrj nrnt,nn L' I CERTIFICATE NUMBER: 12988625 REVISION NUMBER: XXXXXXX war It 23035 42404 1 INSURER A: INq,_1nFR A • IfISURER C: INSURER D : INSURER E : . 1 INSURER F : THIS 15 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 RE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS INSR LTR A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE x : AMS-MADE;OCCUR 'L AGGREGATE LIMIT APPLIES PER: POLICY JE a I X J LOC OTHER. A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS H RED AU'OS nSCHEDULED AUTOS NON-OWNED AUTOS avur Sven Po IcYOPr POLICY EXP !NIP wVyh- POLICY NUMBER (IA DITTTY) (M1MItJDNYYY) Y Y TB2.Z91-457901-013 10.•24 2013 IC 24,2014 Y Y A52-Z91-157901-023 R x UMBRELLA LIAR x OCCUR Y EXCESS LOAD 1 cLADAS-P4A.OF MD I X I RaTE_NT DN s 10,000. 'WORKERS CONPENSATIOH AND EMPLOYERS' LIABILITY Ar1Y PROPRIETORf'ARINERIEXECU11VC oFFICERT7MinE:TEXCtUOtE0 (Mandatory In 11H) IIye,.daernina vnuer O.,SCRIPTtON OF OPERATIONS t'aIav Y!N Y 10124.2013 10.24:2014 TiI7Z91457901 10.24:2013 NOT APPLICABLE t024.2014 LIMITS _ACHOCCURRENQE S 1.000.000 DAMAGE TO RENTED PREMISES (Ea otcuuoncrl MEP EXP IAnw one natsnnl PERSONAL iADVINJURY S 300 000 S 5000 s 1 000,000 GENERAL AGGREGATE 3 2 000,000 PRODUCTS • COMPtOP AGG s 2•tln0,g04 S (.tm4aINt1J nit41,tt LIMI IEn arilitrntt S BODILY INJURY (Pat person) $ BODILY INJURY (Peracckl.Mll S PROPERTY DAMAGE I t?nr nrt!r1rnn EACH OCCURRENCE AGGREGATE IYtn Utt(• STATUTE I:EA E,L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT 1 DESCRIPTION OF OPERATIONS r LOCATIONS t VEHICLES (ACORD 1St Additional Remora* Sth*dule, may Ix aitaohW If morn space N t*qultrd) Re Encroachment Agreement RTIFICATE HOLDER 12988625 City of Fort Worth Transportation & Public Works Department Attn, George Bchmanesh 1000 Throckmorton Street Fort Worth TX 76102 ACORD 25 (2014/01) CANCELLATION See Attachments j.nnn 0110 XXXXXXX XXXXxxx XXXXXXX $XXXXXXX s 25.000,000 $ 75t000,nlr1 s XXXXXXX 1 S XXXXXXX s XXXXXXX $XXXXXXX SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAT IVE v ©1888.2014 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD 1 Policy Number TB2-Z91-457901-013 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies Insurance provided under the following; BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM Name of Other Person(s) / Organization/fit: Per Schedule on File with the Company Schedule Email Address or mailing address: Number Days Notice: 1 I 30 Al If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above if any before the canceflabon becomes effective In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage Is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. IN 99 02 0811 2011 Liberty Mutual Group of Companies. Alt rights reserved. Includes copyrighted material or Insurance Services Office, Inc., with its permission. Miscellaneous Attachment. M477810 Certificate ID: 12988625 Page I of i (3) Parking an (auto): (a) On, or on the ways next to, premises you own or rent, provided the "auto" Is not owned by or rented or loaned to you, or (b) That is not owned by or rented to you as part of your "valet parking services" "Valet parking services" means parking arrangements provided by you or those working on your behalf, where your customer's "auto" is parked and retrieved by an attendant whether or not this service is provided for a fee. Item 13. Newly Formed Or Acquired Entities Paragraph 3. Of Section II - Who is an Insured is replaced by the following: 3. Any organization, other than a partnership or Joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named insured if there is no other similar insurance available to that organization. Coverage under the provision is afforded only until: (1) The 1801b day after you acquire or form the organization (2) Separate coverage is purchased for the organization: or (3) The end of the policy period. Whichever is earlier. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. Of Section 11- Who is An insured is amended to add the following: e. Additional Insured by Wntten Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy (1) Lessees of Premises Any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy., but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the extrusive use or occupancy of such person or organization or any other tenant or lessee. (2) Managers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional Insured coverage. The Coverage afforded to the additional Insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in pars, by some negligent acts or omissions of you, your employees, your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional Insured, except as provided below, if the written agreement obligates you to procure additional Insured coverage for the additional insured's sole negligence, then the coverage for the additional Insured shall conform to the agreement, but only if LC 04 59 08 12 © 2012 Liberty Mutual Insurance. All rights Reserved. Includes copyrighted Page 5 of 7 material of Insurance Services Office, Inc., with its permission. Miscellaneous Attachment: h f477813 Certificate ID: 12988625 the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence, This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Any premises for which coverage is excluded by endorsement. (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of you premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Any Person or Organization Other Thank a Joint Ventura: Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect 10 liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In preformance of you ongoing operations; or (b) In connection with premises owned by you This insurance does no ripply to 1. Any construction, renovation, demolition or installation operations performed by or an behalf of you, or those operations on your behalf: 2. Any person or organization whose profession, business or occupation is that os an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance cif any other professional services by such person or organization; or 3.Any person or organization more specifically covered in Paragraphs e.(1) through (3) above The Insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1) Applies only to coverage anf minimum limits of insurance required by the written agreement or wntten contract, but In no event exceeds either the scope of coverage or the limits of insurance provided by this policy, (2) Does not apply to any person or organization for any "bodily injury", "property damage', or "personal and advertising injury" If any other additional insured endorsement attached to this policy applies to that person or organization with regard to the "bodily Injury", "property damage", or "personal and advertising injury": (3) Applies only If the "bodily injury", "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in effect at the time "bodily injury", "property damage" occurs, or at the time offense giving rise to the "personal and advertising injury" is committed. Item 15. Blanket Additional Insured - Grantors of Permits Paragraph 2„ of Section II - Who Is an Insured is amended to add the following: Miscellaneous Attachment: M477813 Certificate ID: 12988625 Any state, municipality or political subdivision with respect to any operations performed by you on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has Issed a permit. LC 04 59 08 12 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted Page 6 of 7 material of Insurance Services Office, Inc„ with its permission. However, this Insurance does not apply to: 1. "Bodily Injury", "Property Injury" or "personal and advertising injury" arising out of performed for the state, municipality or political subdivision: 2. Any Bodily Injury" or "Property Injury" include within the "products -completed operations hazard", expect when required by written contract or agreement initiated prior to loss; or 3. "Bodily Injury", "Property Damage" or "Personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver 0f Right Of Recovery By Written Contract Or Agreement 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 because of payment we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with who you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" accurst or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability Insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV - Conditions will not apply. Where the application written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this Insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "Occurrence", claim or "suit". Miscellaneous Attachment: M477813 Certificate iD: 12988675 LC 04 59 08 12 Page 7 of 7 2012 Liberty Mutual Insurance. All rights reserved, Includes copyrighted matenal of Insurance Services Office, Inc., with its permission. Miscellaneous Attachment: M477813 Certificate ID: 12983625 Exhibit "C" Being the NW Retail Unit, of WEST 7TH MASTER CONDOMINIUMS, together with an undivided interest in the common elements as set out in the Third Amended and Restated Master Condominium Declaration dated 05/27/2014, filed 05/28/2014, recorded under County Clerk's File No. D214108651, Real Propel ty Records of Tarrant Count} , Texas. 2014 ROW Encroachment Agreement -Commercial Page 18 of 20 Rev. 04/2014 Exhibit "D" Site Plan 2014 ROW Encroachment Agreement -Commercial Page 19 of 20 Rev. 04/2014 S•tat -lakes Is Sawa 1 PP Seventh Street ej•Cetr: • '+.K" i'r,F'r. (O!Katt:'Sxct; • ..> :2 i • .• eat IC.N1T't • . ev_ µ4 _ .F. Zi r1` h %•$'4.;- d • • • w*1,Y-S . a u ...ye.- , • , _-'_•'w+++i:rs—, •:G Ast wx n s= � :.<. 0 taw a • • .• • A IA West 7th Master Condominium tat VERX LSITE St9 o, r,' i-. u"o_k 2—:"Rr k's ix-l9 .>.,c_.,., 9 — :.c7 NAA Crockett ..e.r.• 0- c_, .n ._ is, '.fic'-ic^ St 60. R.0.11...) r'S.a r d: Key MOC 175.-11 1 .- Ji STiest .<: 17 at 3r 4 tijaaaN ..• • aor • ti r.h 4 ... .C,,. C; erk; Strt t Lot :--+t, Egoc< vA . ,API.; i'S .;R✓ Au Tica. Cobh. S).b 1275 S Ilaty f• .. .r.r ,„-t 4Strettr • G. l}'. .01 .. "ow. pnvz._.nf -asµ rl» .v.rv,, .▪ ,:,e ..� s., x. ..a .. ., In* %...� . C as RI :a mari �rt -_ . o ,..., • r !Fair es'L:N: r—,. �,:..a. e▪ .k...;a......a w.,.et s e `•, „.a, e..-._ . r.t c::N '.K.'Z*1Z i1 ^micy uC v :! : ."C. w c.> r 4rpv..al G ?it71.!i tl & Ccr3O1, 'LLC r•t..:.I _._,, • ..lr i1.--1: • .• ,.. ., 1 • • 4 1 • N, fStb r: • • • • ,,:'3%?'�';:4 14 I/ • t. f • a; • 0 Exhibit "E" Legal Description of Property Owned by CRP Cypress West 7th Residential LP Being the Residential I11 Unit of WEST 7TH MASTER CONDOMINIUMS, together with an undivided interest in the common elements, as set out in the Thiid Amended and Restated Master Condominium Declaration dated 05/27/2014, filed 05/28/2014, recorded under County Clerk's File No. D214108651, Real Property Records of Tarrant Count}, Texas. 2014 ROW Encroachment Agreement -Commercial Page 20 of 20 Rev. 04/2014