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HomeMy WebLinkAboutContract 53372-CA1Date Received: 2/3/2023 Time Received: 10:31 a.m. Record Number: PN22-00186 City Secretary Number: 53372-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No.53372 and 53372-Al THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 3 rd day of Fe b u ra ry , 2023 , by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("Cj"), NexMetro Fossil Creek, L.P., a Texas limited partnership ("Assignor"), and Starboard Ridgeview DST, a - Delaware statutory trust ("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.53372 (the "Encroachment Agreement"), on the 9th day of January, 2020, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Proa ") located adjacent to or near the City's easement 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 City entered into an Encroachment Agreement Amendment, City Secretary Contract No. 53372-Al (the "Encroachment Agreement Amendment'), on the 14th of May, 2020, with the Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property') located adjacent to or neat the City's easement on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement Amendment, attached hereto as "Exhibit A-1" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Amendment"; WHEREAS, the Encroachment Agreement was recorded the 13th day of January, 2020, as Instrument No. D220008251 in the Real Property Records of Tarrant County, Texas; WHEREAS, the Encroachment Agreement amendment was recorded the 181h day of May, 2020. As Instrument No. D220112444 in the real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 1 of 10 Rev 04/2020 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 duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment 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 has the full 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 Assignment 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 all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. 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. 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 Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, 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. 8. 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 mail return receipt requested, or by a nationally recognized overnight delivery service, and (n) 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. Encroachment A ssignment Agreement Page 2 of 10 Rev 04/2020 Citv Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor NexMetro Fossil Creek, LP 2355 East Camelback Road, Suite 805 Phoenix, Az 85016 Assignee Starboard Ridgeview DST 19100 Von Karman Ave Suite 340 Irvine, Ca 92612 9. 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. 10. 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 Encroachment Agreement. 13. This Assignment 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 A ssignment Agreement Page 3 of 10 Rev 04/2020 ASSIGNOR: NexMetro Fossil Creek, L.P. A Texas limited partnership By: NM Fossil Creek, LLC a Delaware limited liability company its general partner By: NMD Fossil Creek, GP, LLC a Texas limited liability company its manager By: NexMetro Development, LLC an Arizona limited liability company its manager i Name: Brian Rosenbaum Title: Executive Managing Director STATE OF �j'll § COUNTY OF C�� § This instrument was acknowledged before me byias the �, of NexMetro Development, LLC, manager of NMD Fossil Creek GP, LLC, manager of NM Fossil Creek, LLC, general partner of said limited partnership. [NOTARIAL SEAL] BERNADETTE E FITTS Notary Public. State of Arizona Maricops County Commission a 6124ee My Commission Expires Au ust08,2025 Encroachment Assignment Agreement Page 4 of 10 Rev 04/2020 ASSIGNEE: Starboard Ridgeview DST a Delaware Statutory Trust by: " Name: William H. Winn Jr. Title: CEO and Manager of Starboard Realty Advisors, LLC, as Manager of Starboard Ridgeview Manager LLC, as Administrative Trustee of Starboard Ridgeview DST STATE OF § 1605"f� C&r��COL�vvl. �A, p COUNTY OF § g0� �/� t (Z3/LS This instrument was acknowledged before me by as the of U , a , on behalf of said corporation. Notary Public, State of Encroachment A ssignment Agreement Page 5 of 10 Rev 04/2020 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Je-4 yi 0ol 23 Z07-3 before me, Carin A. Guertin Notay personally appeared w, a N-' G/i ✓1 to J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exectured the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signatu CARIN A. GUERTIN COMM. #2428469 z a e Notary Public • California o z Orange County My Comm, Expires Dec. 27, 2026 (Seal) —L- a(1 jZe ���✓� ZZ 00 lf��jj Description of attached document: Title of attached document: ,1 Document Date: a Number of pages: / APPROVED AS TO FORM AND LEGALITY: FWBC Sec. 3210 Thomas Royce Hansen, Assistant City Attorney City Attorney's Office Date: Jan 27, 2023 Jannette Goodall City Secretary (M&C not Required) Date: Feb 3, 2023 CITY OF FORT WORTH DJ Harrell (Jan 27, 202315:33 CST) DJ Harrell, Director Development Services Department Date: Jan 27, 2023 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 fbigio and reporting requirements. Rebecca Diane Owen (Jan )7, 202:i 14:08 CST) Jan 27, 2023 Rebecca Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 6 of 10 Rev 04/2020 STATE OF TEXAS COUNTY OFTARRANT This instrument was acknowledged before me on January 27th 2023 by DJ Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. o�pRYP(ie/ WENDY L BEARDSLEE z Notary Public + * STATE OF TEXAS Notary I.D. 13323719-3 9�oF My Comm. Exp. July 28, 2025 Encroachment Assignment Agreement WendL, Digitally signed by y Wendy L. Beardslee Beardslee Date:2023.01.27 14:27:03-0600' Notary Public, State of Texas Page 7 of 10 Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 10 Rev 04/2020 Page 1 of 17 CONTw CTNO. ?a {c) EASEMENT ENCROACHMENT LICENSE AGREE ENT Ly,'N•..- Jf17 Commercial 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, Assistant City Manager, or Planning and Development Director, and NexMetro Fossil Creek, L.P., a limited partnership ("Licensee"), owner of the real property located at FM 1% and Harmon Road, Fort Worth, Texas 76131 ("Property"). acting by and through its duly authorized Managing Director. RECITALS WHEREAS. Licensee is the owner of certain real property situated in the City of Fort Worth. Tarrant County, Texas, more particularly described in the attached Legal Description of the Property. attached as "Exhibit C" and incorporated herein for all purposcs;and WHEREAS, the City has a drainage casement (the "Easement") in the Property as shown on the map attached to this Agreement as -Exhibit A;' which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS. to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in. on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A. but only to the extent shown thereon, for the purpose of installing private fencing and telecommunications (the -'Encroachment"). Upon completion of the Encroachment. Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall riot expand or otherwise cause the Encroachment to further infringe in or on City's FAsement beyond what is specifically described in the exhibit(s) attached hereto. ij' 5i4;aAi. WORD erl ry SECRC�l,'><�'�i E:awment EMcneachment Agreement - Commercial Pa e I of 12 Lwr 019 -TRC* TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page! 00000 Page: 1 Of 17 Page 2 of 17 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances. and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalfof the public or at public expense is trade more costly by virtue of the construction, maintenance, or existence of the Encroachment and use. Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department. or their duly authorized representative. a. Licensee agrees that the City may enter and utili7c 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimi7c such damage. 5. Upon termination of this Agreement. Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department. or their duly authorized representative, in accordance with then - existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement. Licensee hereby gives the City permission to remove the basement Ucroachmem Agreement - Commercial Page 2 of 12 Rvvised 12/2019 •TRC' TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 2 Of 17 Page 3 of 17 Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection, or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee of in the sum of Five Hundred Dollars (5500.A0}. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. Ilowever, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days. this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface, or overhead communication. drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose. whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 9. 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 Fascmcnt Erecroaehmm Agreement • Commercial Page 3 or 12 Revised 12/2019 *TRC- TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 3 Of 17 Page 4 of 17 DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certiRcatc holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than S1,000,000 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 immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit W' and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees. binds. and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Fasement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. F.aunnmt Encroachment Agrccment • Commadal Pates 4 of 12 Rev iced 12/2019 *TRC• TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 4 Of 17 Page 5 of 17 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes. and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officcr, 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 respondcat 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 patlnership or joint enterprise between City and Licensee. is. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Easement and is not a conveyance of any right, title, or interest in or to the Fasemcnt, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16, In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. I•:asement Encn=hment Awament-Canmercial Page 5 of 12 Revised 12/2018 *TRC* TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 5 Of 17 Page 6 of 17 17. The parties agree that the duties and obligations contained in Section S shall survive the termination of this Agreement. 118. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property. Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured Iender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19, Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. `4 to This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. (SIGNATURES APPEAR ON FOLLOWING PAGE) Easement Encroachment Agreemat . Commercial •TRC- TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 6 Of 17 Page 6 or 12 Revised 12/2019 Page 7 of 17 City: License.-c: CITY OF FORT WORTH NexMetro Fossil Creek, L.P. B By: NMD Texas GP, LLC IV/ Randle Harwood, Director its sole general partner �` Planning & Development Date: / 2 v By: NexMetro Development, LLC its manager By: NexMetro Communities, LLC its manager By: i4 Cyr//,` Name: Ryan D. Griffis Title: Managing Director As To Form and Legality M. Murray Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration ofthljXon t, inc in ens ' g all performance � /� in ens rcquiremcnts. .t .� Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Eascmeot Eneroachmem Agreement -Commercial Revised 12/2019 -TRC- TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 7 Of 17 Page 8 of 17 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned autharity. 8 N Public in and for the State of Texas, on this day personalty appeared n le atwo known to me to bethe 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_-tj_day of UU } 20 2 ��. No Publi0h and Wthe State of Texas 111 ]A I 1.p xrrWl I (Ad 11 -) After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Eascmcnt Encroachment Agmemem - Commcmial „ "+rJENNIFEA LOUtSE E2EANACK Notary public. State of Taxes 1'r Comm. Expires 03-01-202♦ Notary !0 13ob81830 •TAC* TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 8 Of 17 ©FFICIAL RECIDRD CITY SECRETARY fT. WORTH, TX Revised 1212019 Page 9 of 17 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Ryan D. Griffis, Managing Director of NexMetro Communities. LLC manager of NextMetro Development. LI.0 manager of NMD Texas GP, I.LC sole general partner ofNexMetro Fossil Creek, i.P 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 NexMetro Fossil Creek, L.P. a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL. OF OFFICE this / "1 day of — — mkv- 20/ 9 . ANGELA RYAN Notuy Public, State of Texq Comm. Expires 024W2020 Notary t0128324849 Notary Pub is in and fo State of� Eatemem Encroachment Agnvelcm . Gunmerciai •TRC" TARRANT Doc: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 9 of 17 OFFICIAL REC0RD CITY SECRETARY FT. WORTH, TX Page 9 of 12 Revised 12/2018 Page 10 of 17 EXHIBIT A Map of Easement and Encroachment Easement Encroadi mem Agreement - Commercial *TRC• TARRANT DOC: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 10 Of 17 Page 10 of 12 Revised 12/2019 Page 11 of 17 as CvCl N! 9S! bV� I n Y a I a u ; pp jjQ�jj � Cool :oa:aait: wtBf �-7.;Z 2: 3^M 6•s•e'+a :10:f;C'iv:]�.s1:Y�ag`;�\00v: `ff`\:.-c� an_ +.o-.;.Ok a •y-UC-f::9�: •;an.ahl x:]xfe.d �rotii'J "TRC• TARRANT DOC! 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 11 Of 17 Page 12 of 17 94 04 k 04 h4 lo, 0 t8L 13 IvE 22 ? le E I I v m tO MI Ih ?A th TA LN r. ift ;A iA TA ;% tP tA ;A nth WOW6 U*ITI-Swc "a 40s 'ON) 'SU33NI9N3 AVO V NMMIS -TRC' TARRANT Doc: 000008251 Date; 01/13/2020 Vol: 0000000 Page: 00000 Page: 12 Of 17 Page 13 of 17 EXHIBIT B Certificate of Insurance Famnent F1lctowhment Agtxm m- Commem!W *TRC* TARRANT DOC: 000008251 Date: 01/13/2020 Vol: 0000000 Page: 00000 Page: 13 Of 17 Page 1 I of 12 Revised 12/2019 EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 10 of 10 Rev 04/2020