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HomeMy WebLinkAboutContract 50049-CA1 Date Received: 10/04/2022 Record Number: PN22-00067 Time Received: 10:47 AM City Secretary Number: 50049-CA1 ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No.50049 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment"j is made and entered into as of this 30th day of September , 20 22 , by and between the CITY OF FORT WORTH, a Texas hone-rule municipal corporation ("City"), FW 710 Main LP, a Texas limited partnership ("Assignor"), and AWJP Southside, LLC, a Texas limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 50049(the"Encroachment Agreement"),on the 1 lth day of December,2017,with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Proper ") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS,the Encroachment Agreement was recorded the 12th day of December,2017, as Instrument No. D217291684 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it ditties and obligations reader the Encroaclunent Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Eneroaclunent Agreement, 3. Assignor has full right,power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee OFFICIAL RECORD Encroachmeiik Assignment Agreement CITY SECRETARY PN22-00067 FT.WORTH, TX has the Rill right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assigruxrent shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and j all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. S. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignee hereby agrees to indemnify, defend and hold Assignor, along with Assignor's partners, affiliates, employees, asset managers, contractors and representatives, harmless from and against any and all clain-is, losses, damages, allegations, and expenses arising or accruing under the Encroacht'nent Agreement from and after the Effective Date. Assignor hereby agrees to indemnify, defend and hold Assignee, along with Assignee's partners, affiliates, employees, asset managers, contractors and representatives, harmless from and against any and all claims, losses, damages, allegations, and expenses arising or accruing raider the Encroachment Agreement at any time prior to the Effective Date. 7. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroaclunent Agreement. 8. City hereby consents to this Assigruarent upon the terms and conditions set forth herein. Unless and until City has executed this Assigru-lent, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 9. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when(i) sent by U.S. mail with proper postage, certified snail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention; Director Encroachment Assignment Agreement Page 2 of 9 PN22-00067 Assignor FW 710 Main,LP 2623 White Settlement Road Fort Worth,TX 76107 Assignee AWJP Southside,LLC 3000 S Hulen Street Fort Worth, TX 76109 10. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns, Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11, The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroacht'nent Agreement. 13. This Assigim ent may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of PN22-00067 ASSIGNOR: FW 710 Main,LP a Texas limited partnership by: FW 710 Mali}/GPI, C,/ a Texas limit ab'Yr will day it's general lie, By: Name: V, Title: Date: t� KATHRYN HOPE n4,'KSF6N� STATE OF TEXAS § ` ` Iat<sry Pi34lic, ,<,tc;of ( xis COUNTY OF TARRANTComm. Expire,()J 1 €� BEFORE ME, the undersigned authority, a Notary Public in and for the State of JA-KOS_, on this day personally appeared (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of FW 710 Main, LP, a Texas limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2022. Notary Pubic in and for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 4 of 9 PN22-00067 ASSIGNEE: AWJP Southside, LLC a Texas limi e liability co pp,4ny By:ZkA/41 Name: Anthony B. Wonderly Title: Manager Date: Z Z STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of eXA S , on this day personally appeared Anthony B Wonderly, Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of AWJP Southside, LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (�day of c.Y , 2022. r A Notary Public in and for the State of I ZX/}S BRI RYPUBUC NIpTtIA 2g581102 gr at of o-0 2025 >�•oF ±:' comm.Ems• OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 5 of 9 PN22-00067 v APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: DJ Harrell(Sep 30,2022 15:47 CDT) FWBC See, 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Sep 30, 2022 Date: Sep 30, 2022 .d�O F 000000000� 0 TTEST; a�o ���d aid J ette S.Goodall(Oct 3,2022 16:0 DT��L�Y���GC/ �� o ono='� Janette Goodall �a� *� ICY City Secretary ����EXAsaap (M&C not Required) Date: Oct 3, 2022 Contract Compliance Specialist: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance Z-' %rd reporting requirements. Matt Tilly on behalf of(Sep 30,2022 11:04 CDT) Janie S, Morales Development Manager Date: Sep 30, 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Encroachment Assignment Agreement Page 6 of 9 PN22-00067 1 ' CITY OF FORT1 ' OFFICE USE ONLY* STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration 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 30th_day of September 20 22 Wendy L. Digitally signed by Wendy L.Beardslee �Ya WENDY L BEARDSLEE Beardslee Date:2022.09.30 0�� eG Notary Public 16:05:42-05'00' * * STATE OF TEXAS Notary Public in and for the State of Texas Notary I.D. 13323719-3 0F My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement EncmachmentAgreement Page 8 of 13 PN22-00082 03/2022 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 9 PN22-00067 Page 1 of 17 CITY SECRETARY CONTRACT No. 560 RECEIVED DEC 12 2017 RIGHT OF WAY C[IY OF FORM WORV ENCROACHMENT AGREEMENT GiTy SECS fARY (COd1MERC.'IAW THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH,a home rule municipal corporation of Tarrant County,Texas("City"), acting by and through its duly authorized City Manager, its duly designated. Assistant City Manager or Planning and Development Director, and 1~W 710 MAIN LP, TEXAS LIMITED PARTNERSHIP ("Licensee"), acting by and through its duly authorized SUSAN GRUPPI,MANAGING PARTNER;owner of the real property located at 710 S. Maur,Fort Worth,TX 76104("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Port Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property;and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way(individually or collectively,the"Public Rlght-of Wa)")adjacent to the Property as shown on the map attached to this Agreement as Exhibit"A"and incorporated herein for all purposes;and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way;and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee, NOW,THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon,use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to constructlinstall and/or allow to remain, certain improvements for the purpose of STAIRWELLIEGRESS (whether one or more,the"Improvements")as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attached hereto. 2015 R Encroachment Agmemenl-Commercial Page I of 12 rev.02/2015 Title Data, Inc. UA TD148387 TA 2017291684.001 Page 2 of 17 2. All construction, maintenance and operation in connection with such Improvements, 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. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Improvements. Licensee shall not commence construction of the Improvements 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 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 trade more costly by virtue of the construction,maintenance or existence of such encroachment and use,Licensee shall pay to City an additional 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. 5. 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 Improvements 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 2015 OW Encroachment Agreement-Commercial Page 2 of 12 QUO . rev,0212015 Title Data, Inc. UA TD148387 TA 2017291684,002 Page 3 of 17 made more costly by virtue of the construction, maintenance or existence of the Improvments 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 Works or the Director of the Water Department, or said Director's duly authorized representative. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of$.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 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, 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-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 Might-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 as described herein, 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 20151t Encroachment Agreement-Commercial Page 3 of 12 rev,0212015 Title Data, Inc. UA T©148387 TA 2017291684.003 Page 4 of 17 control the Public Might-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, including but not limited to, underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that 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. 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. 2015 ROW Encroachment Agreement-Commercial Page 4 of 12 rev.OV2015 Title Data, Inc. UA TDX48387 TA 2017291684.004 Page 5 of 17 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 IMPROVEMENTS AND 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, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LEUWISE 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 IMPROVEMENTS AND 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 Genera!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. 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" 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 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 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. 2015 O Encroachment Agreement-Commercial Page 5 of 12 rev.02/20 t5 Title Data, Inc. UA TD148387 TA 2017291664.005 Page 6 of 17 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. 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. 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, andany 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 Ws Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. 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. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. 2015 Encroachment Agreement-Commercial Page 6 of 12 rev,02/201 S Title Data, Inc. UA TDI48387 TA 2017291684.006 Page 7 of 17 [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 RPW Page 7 of 12 rev.02/201 S Title Data, Inc. UA TD148387 TA 2017291684.007 -- Page 8 of 17 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. City: Licensee: CITY OF FORT WORTH, FW 710 MAIN LP,TEXAS LIMITED PARTNERSHIP By: By: RANDLE HARWO Name: Susan Gmppi Director Title: Managing Partner Planning and.Development Department Date: 201_1 ATTEST: Approved As To Form and Legality •ti0� L City Secretary 2 Assistant City Attorney �)CA� NO M&C: 1tf1QUI1tI1D 2015 XOW Encroachment Agreement-Commercial Page 8 of 12 rev.0212015 Title Data, Inc. UA TDI4B387 TA 2017291684.008 Page 9 of 17 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 201� by RANDLE HARWOOD Director of the Planning and Development Department of the City of Fort Worth,on behalf the City of Fort Worth,, Not Pu ic,State of Texas +v JFNNIFER LOUISE EMNACr, StateNotary Public, 1 y Comm, Explr 03.01.202 s )y to{„a Notary ID 13066163n After Recording Retum to; Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fart Worth TX,76102 2015 O Encroachment Agreement-Commercial Page 9 of 12 CIS rev.02l2015 Title Data, Inc. UA TD148387 TA 2017291684.009 Page 10 of 17 STATE OF-. § COUNTY OF BEFORE ML E, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared -N�A►ak ri-�t �c ir►k 2-;'> (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 Vl-•t0:r+l .'. tg5�, a '. 4�kR � Srti�P and in the capacity therein stated. 5 t E NDER M AND AND SEAL OF OFFICE thigO Y ,20f --------------- MAfiLOWENT ,� * MOT Notary Public in and for the Cams. .� State of 20t5 R Encroachment Agreement Commercial Pale tO 0r i 2 rcv.021015 Title Data, Ina. UA TDX48387 TA 2017291684.010 Page 11 of 17 LEGAL DESCRIPTION OF THE PROPERTY BEING all that certain lot,parcel,or tract of land being the southeast 100 feet by the east 190 feet portion of Block 21,Tucker Addition,an addition to the City of Port Worth, Tarrant County,Texas,as recorded in Volume 63,Page 124,Plat Records,Tarrant County,Texas(PRTCT),as conveyed to Tarrant Services,Inc.in the deed recorded In Volume 6959,Page 735,Deed Records,Tarrant County,Texas(DRTCT),said portion being more particularly described,by metes and bounds,as follows, BEGINNING at a point from which the southeast corner of the existing building of the hereon described tract of land bears North 191141'45"East 0.51 feet,said point being the northwest intersection between the west line of South Main Street,a 72 feet wide Right of Way(ROW)and tho north line of Lucda Street,a 50 feet wide ROW,said intersection also being the southeast corner of said Block 21; THENCE South 89°2912011 West,with said north ROW line and the south line of said Block 21,a distance of 190.00 feet to an"X"Cut in concrete found for corner; THENCE North 00'30'40"West,perpendicular to and leaving said ROW,a distance of 100.00 feet to point for corner,said point being in the most northerly south line of Lot IA,Block 19-R,Tucker Addition,an addition to the City of Fort Worth as recorded in County Clerk's File Number D184039799,PRTCT; THENCE North 89"29'20"East,with said south line a distance of 190.00 feet to a point from which the northeast corner of the existing building bears South 42°32'42"East,a distance of 0.09 feet,said point being in the west ROW line of said South Main Street; THENCE South 000 30'40"East,with said west ROW line,a distance 100.00 feet to the POINT OF BEGINNING and containing 0,436 of an acre of land,more or less. 2015 ROW Encroachment Agreement-Commercial Page t I of 12 VM& rev,0212015 Title Data, Inc. UA TD148387 TA 2017291684.011 Page 12 of 17 EXHIBIT%A". Location and Description of Encroachment and Improvements 2015! Bncroaehment Agreement-Commercial Page 12 of 12 rev.02/201 S Title Data, Inc. UA TD148387 TA 2017291684.012 Page 13 of 17 j I a T0. cr r— s 0)I II = .a D { f J Z 0 1 ?" S. r 5 (31 W 5 lti� � �1 a ;cvl�l. 29 W — m nL 51-6„ r x I S� O (J cNn�ID I m< v m 710 S. MAIN Cornerstone RETAIL + OFFICE DEVELOPMENT DEVELOPMENT+pRCNITECTU0.E+CtlNSTRUCFiOiJ 710 S. Maln ,Fort Worth,Texas 76110 Title Data, Inc. UA TDI48387 TA 2017291684,013 Page 14 of 17 .� cn m I m r � C) m Z m m 0000 � � mm � 0 0 0 0 0 0 0 0 9,-4 3i4" 5'-6" PROPERTY LINE S.MAIN ST. 710 S. MAIN Ocornerstone RETAIL '+ OFFICE DEVELOPMENT DEVELOPMENT-ARCHITECTURE r CONSTRUCTION 710 S. Main ,Fort Worth,Texas 76110 Title Data, Inc, UA TD148387 TA 2017291684.014 Page 15 of 17 A�® CERTIFICATE OF LIABILITY INSURANCE DAT121612DfYYYYI t z�a>2o17 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 13ETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pol)cy(les)must have AODITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on thle certificate does not confer rights to the certificate holder In I€eu of such endorsement a, PRODUCER Debbie Anderson.CIBR Higginbotham Insurance Agency,Inc. PHONE rAx t317-882-8284 500 W.13th 817-336 2377 c o Fort Worth TX 76102 pDRE • deandeesonahigginbotham.net INSURFRtSI AFFORDING COVERAGE NAICII INSURER A:Republic Underwriters Ins CO 24638 INSURED TWr10 INSURER D FW 710 Main LP PO Box 471369 rNSURERC: Fort Worth TX 76147 INSURER 0 INSURER?: INSURE F: COVERAGES CERTIFICATE NUMB ER,1174918676 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 RE DUCED BY PAID CLAIMS. MR TYPE Of INSURANCE OD 9 R POLICY NU BkR MDI.ICY EFF POLICY EXP LIMITS LTR A X COMMERCIALGENERALLIABILITY CMP&W70201 4rr/2017 41712ole E,"L=URRENCE $1.000000 CLAIMS-MADE �OCCUR PREMISES a ooa RENTED E 300.000 MED EXP(Any wm Wr5on) 6'Mo ' PERSONAL&AOVINJURY 51.600000 GENL AGGREGATE LIMIT APPLIES PER G£NERALAGOREGATE $$000,000 POLICY❑JECT ❑LOG PROOUCTS-COMPTOPAG© S1000.000 OTHER: I $ A AUTOMOBILELIAa3LTTY CMP55MI0201 4IIOW 41712M CEONIBcIONEOSINGLELMIT $ ANY AUTO BODILY INJURY(PwPeraon) $ OWNED SCHEDULEO BODILY INWURY(Porecadenq $ I AUTOS ONLY X NON-OWNED . P OPERTY QAMAGE $ AUTOS ONLY AUTOS ONLY a ant S UMBRELLALWB OCCi1R EACH OCCURRENCE $ EXCESS LIAR HCLQUI&MADE' AGGREGATE S DEG I I RITE ION WORKffRSCOMPENSATION gTUi ERH_ AND EMPLOYERS'LMILITY ANYPROPRIETORIPARTNENEXECUTTVE Y� N 1 A B.E.L.EACH SE.FA E $ OFFICERIMEMB E R EXCLUO E O7 (Mandatocy In NH) E.L.DISEASE•EA EMPLOYE $ Nyyees deswlbeuoder DESGRIMON OF OPERATIONS below EL.OISEASE-POLICY LIMIT is DESCRIPTION OF OPERATIONS/LOOAVONS1VEHICLES(ACORDi04,AdditlonalRamarksSehodulo,may baetlachodIt more apacelsngvhEd) The General LiablRy poll�y includes u blanket automatic additional Insured prgOslon Ihat prgvtdes additional Insured status to the Certificate holder only When there Is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Fort Worth AUTHORIZEDIRfeRESENTAnVE CFA Office PN17-00146 200 Texas Street Fort Worth TX 76102 Q 1980-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Title Data, Inc. UA TD148387 TA 2017291684.015 Page 16of17 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all perfonnance and reporting requirements. anie S.Morales Development Manager Title Data, Inc. UA TD148387 TA 2017291684.016 Page 17 of 17 i MARY LOUISE GARCIA COUNTY CLERK :. 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(817)884-1195 CITY OF FORT WORTH PLANNING AND DEVELOPMENT DEPARTMENT 1000 THROCKMORTON STREET FT WORTH, TX 76102 Submitter: CITY OF FORT WORTHIDEVELOPMENT& PLANNING DO NOT DESTROY WARMING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/20/2017 8:13 AM Instrument#: D217291684 A 17 PGS $76.00 By: D217291684 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Title Data, Inc. UA TDI48387 TA 2017291684.017 EXHIBIT B,REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 0F9 PN22-00067 Clinnf$• 199AAA 1RAW_IPCCIIIT DATF tmm/DD/YYYYI A(:UKU,, CERTIFICATE OF LIABILITY INSURANCE 5/06/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:ACT Rhonda Moore,CIC Marsh McLennan Agency PHONE g17-336-3030 FAX 817-336-8257 1600 West Seventh Street Ma Lo Ext: Alc,No ADDRESS: rhonda.moore@MarshMMA.com Fort Worth, TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAIC# 817 336-3030 Cincinnati Indemnity Company 23280 INSURER A: Y P Y INSURED INSURER B: AWJP Southside LLC INSURER C: 710 South Main Street INSURER D: Fort Worth,TX 76104 INSURER E INSURER F: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EPP0653168 4/26/2022 04/26/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISES EaoNcu ence $500,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EPP0653168 04/26/2022 04/26/202 (CEO,s cld.n SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EPP0653168 04/26/2022 04126/2023 EACH OCCURRENCE s2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER SE EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) TX Commercial General Liability Extend Endorsement GA227 09/17 Location: 710 South Main Street, Fort Worth,TX 76104 CERTIFICATE HOLDER CANCELLATION City f Ft Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y O or or THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CFA Office-PN22-00067 ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE Marsh ftrtham, a division of Marsh USA Inc ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S1475059/M1475057 18KMA