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HomeMy WebLinkAboutContract 64048I Date Received: l0/06/2025 Record Number: PN25-00143 Time Received: 11=35 a.m.--------City Secretary No.: _6_4_0_4_8 ____ _ ENCROACHMENT AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY TIER /I THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ('1 City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Texas Christian University, a Texas non-profit corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 2651 W Cantey Street, Fort Worth, Texas 76109 ("Property"), being more particularly described as, Lot 18, Block 14, of Frisco Heights, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D216267292; and WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property, which plat is recorded in the plat records of Tarrant County in Volume 204-A, Page 9; and WHEREAS, Licensee desires to construct and place a soil nails retention system depicted in Exhibit "A," (the "Encroachment"), which will encroach in, on, above, or below the Public Property; WHEREAS, Licensee will relinquish ownership of the portion of the Encroachment that encroaches in, on, above or below the Public Property upon the completion of the construction of the underground structure depicted in Exhibit "A" (the "Underground Structure"); 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 Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Tier II ROW Encroachment Agreement Page I of 14 Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Praperty as described in and at the locations shown on Exhibit "A," but only to the extent shawn thereon, for the purpose of canstructing and installing a soil nails retention system ("Syskem"). Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Fublic Property beyond what is specifically described in Ezhibit "A." Licensee shall obtain a street use permit from the Right of Way Management Division of tlze City's Transportation & Public Works Department prior to installatian of the System within the Pub�ic Property. Licensee plans to relinquish all ownership interest in the Encroachment within the Public Property. The City will allow the Licensee to do so when the Licensee provides the City with a certificate of occuQancy for th� building lacated within Licensee's Property that is being constructed. The date of issuance af the certi�cate of occupancy shail become the date of Licensee's relinquishment of awnership (the "Date of Abandonment"). Licensee shall have no obligation to remave any portion of the System or Encroachment following the Date of Abandonment. r� All construction, instal�ation, maintenance, and operation of the System, including the Encroachment, and the use or accupancy of the Public Properiy shall camply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Licensee shall not install any permanently functional anchors in the Public Property. Licensee shall only install anchors in the Public Praperty that are of the drilled and grouted type {tied-back anchors or soil and rock nails}, ar mechanical anchors of the helical screw type. Only anchors are allowed in the right of way; No other components of the System are allowed; All anchors must be located at least 1 a-feet below the elevation af the adjacent street curb. Anchars shall not extend beyond the center of the street right of way. Anchors must be no closer than 5 feet to the auter surface of the nearest existing or planned buried utility. Prior to the construction or installation of the Encroachment, Licensee shall submit all engineering drawings of the System, sealed by a Texas- licensed professional engineer, to the Director of the Development Services Department or the Director's duly authorized representative. The engineering drawings must contain the following: {a} plan views of the System with dimensions referenced to the right of way line and shawing the existing street cwb and all existing utilities in the adjacent right of way, including wastewater mains and services, water mains and services, water meter vaults, wasiewater cleanouts, and hydrants; and (b) Technical specifications for monitoring and reporting to the City the elevations and horizontal movements of features in the right of way. Licensee shall pravide the City with two elevation surveys of the right-of-way: one prior ta installation of the System, and one following installation af the System. During installation of the System, Licensee shall report to the City the elevations and horizontal movements of al� features in the right-af-way one time per week ftom the execution of this Agreement until Licensee relinquishes ownership in the Encroachment. All surveying must be performed by a Texas Registered Professianal Land Surveyor (with the exception of the weekly reports set forth in the preceding sentence and the next to last sentence of this paragraph, which will be performed and provided by the field engineer under the direction of a Registered Professional Land Surveyor} and all engineering drawings must be prepared Tier II ROW Encroachment Agreement Page 2 of 14 by a licensed engineer. Permanent monuments of a type that will be vandal-proof and not dishubed by pedesh-ian, vehicular, or constructian traffic must be set at each elevation point. These monuments must be tied ta bench marks that are a sufficient distance away fram the excavation to be unaffected by the excavation. Loss or disruption of the manuments or failure to survey and repart data may result in revocation of this Agreement if Licensee fails, within five (5} business days of discovery of disruption, to commence repair or replacement of the manuments. The following features that are claser to the System than twice the campteted excavation depth must be monitored: (1) street curb on 50-foot intervals along the curb ar at alternating soldier piles (whichever is less); (2) street centerline on 50-foot intervals or at alternating soldier piles (whichever is less}; (3) wastewater pipe flowlines at manholes; (4) water line valve stems at valve boxes; and (5} other utility features, as appropriate. Survey information shall be sent weekly to the City's Project Manager. Licensee shall not commence construction or installation of the portion of the Encroachment in, on, above or belaw the Public Praperty nor make any use of the Fublic Property untii after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocatian and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installatian, reinstaliation, relocation, or repair of any existing ar future utility or improvements owned by or constructed by or on behalf of the public ar at public expense is made more costly by viriue of the construction, maintenance, ar existence of the Encroachment and use of Public Property, Licensee sha�l pay ta City an additional amount equal to such additional cost as detertnined by the Director of Transportation and Public Works, the Director of the Water Deparnnent, the Director af the Development Services Department, or their duly authorized representative. Within 30 days afker the completion of instailation of the System, Licensee shall submit to the City two digital copies of pre-construction and post canstruction closed-circuit television records of wastewater and storm drain lines designated in this Agreement under Exhibit �°B." 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the �ealth, safety, and welfare of the public. The City shall have no responsibslity or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasanable efforts to minimize such damage. After Licensee relinquishes ownership in the Encroachment, City shall have the right to remove the Encroachment from the Public Property at any time without natice to Licensee. Provided, however, City shall not intentionally damage Licensee's Property in connectian with any such destruction or remaval of same. Tier [I ROW Encroachment Agreement Page 3 of 14 5. Prior to the Date of Abandonment, Licensee shall, at the optio❑ of and at no expense to the City, restore the Public Property to a condition substantially equal to or better than it was prior to such installation as acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department ar their duly authorized representative (provided that such restoration does not include removal of the System itsel fl. Any such restoration shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if Licensee fails tu restore the Public Property, Licensee hereby gives City permission to remave the Encroachment and any supporting shuctures fram the Public Property, to restore the Public Praperty, and to assess a lien on the Praperty for the costs expended by the City in taking such actions. City will not exercise the rights in this sentence so long as Licensee is diiigently pursing efforts to perform the restoration, recognizing that there will be time required to investigate the issue and then identify and contract with consultants and contractors. City shall give Licensee written notice of thirty (30) days to cure before exercising its rights in this paragraph. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result af the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay ta City at the time this Agreement is requested an application fee in the sum of One Thausand Twelve Dollars and Fifty Cenks ($1012.50}. Additionally, Licensee agrees to pay a fee in the amount of $1,964.25 upon execution of this Agreement and annually until the relinquishment in the ownership af the Encroachment. 7. it is further understood and agreed between the parties hereto that the Public Properiy to be used and encroached upan is held by City as trustee for the public; that City exercises such pawers over the Public Praperty 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 iegislative pawer to control the Public Property 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 Property to be used far any other public purpose, 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 contempiated or not, that the parties agree to negotiate in good faikh in order to accommodate both the Encroachment and the public purpose. Tier li ROW Encroachment Agreement Page 4 of l4 8. 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, 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 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 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. 9. Until the relinquishment of the ownership of the Encroachment, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than �750,000 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. A copy of such Certificate of Insurance is attached as Exhibit "C" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such liability insurance at all times during the term of this Agreement and until the relinquishment of the ownership of the Encroachment. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors that are installing the Encroachment. Tier II ROW Encroachment Agreement Page 5 of 14 1 �. 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 the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 11. Licensee agrees to camply fuIly with ail applicable federal, state, and locai laws, statutes, ordinances, codes, and regulations in connection with the canstruction, operation, and maintenance of the Encraachment and use of the Public Property. 12. Licensee agrees to pay promptly when due alt fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation with regard to the installation of the Encroachment. 13. Licensee covenants and agrees that it shall operate hereunder as an indegendent 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 cantrol of and the exclusive right to control the details of its aperations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, emplayees, contractors, subcontractars, licensees, and invitees. The docfine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractars, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. Licensee agrees and acknowledges that this Agreement is solely for the purgose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is noc a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third-pariy may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier II ROW Encroachment Agreement Page 6 of 14 15. 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 attorneys' fees. 16. This Agreement shall terminate upan the earlier of (a} Date of Abandonment or (b) one {�) yeaz after the Effective Date. However, the duties and obligations contained in Section 5 and Section 8, to the extent it applies to initial construction af the Underground Structure, shall survive until the Date of Abandonment. Upon termination of the Agreement, Licensee shall file a natice of termination attached hereto as Exhibit "D" in the Real Property Records of Tarrant County, Texas and provide a copy ta the City. 17. Licensee covenants and agrees that it wil� not assign all or any of its rights, privileges, or ciuties under this Agreement withaut the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Froperty, 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 nat be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment ta 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 sigty (6Q) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, na change of ownership �ue 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. 18. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be gaverned by the laws of the State of Texas. 19. This Agreernent shall be binding upvn the parties hereto and their successors and assigns. 20. This Agreement may be executed in muttiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument Tier II ROW Encroachment Agreement Page 7 of l4 [SIGNATURES APPEAR ON FOLLOWING PAGEj Tier II ROW Encroachment Agreement Page $ of 14 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By ·. ,7em1i(!" 'Robelj;Sfor JJ.,7. Harrett JenniferRo�rts for O.J. Harrell (Sep 30, 202514:38:32 COT) D.J. Harrell Director, Development Services Department Date: 09/30/2025------------ ATTEST: r 1 � Jannette Goodall, City Secretary Approved As To Form and Legality Hye Won Kim Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � Kandice Merrick Development Services Manager Tier II ROW Encroachment Agreement Page 9 of 14 Licensee: Texas Christian a T�xas non-nr4 : Name: Wit�iarh J. Nunez Title: Vic Chancellor for Finance and Administration Date: �/ �-G��O Z3 STATE OF TEXAS � COUNTY OF TARRANT § BEF4RE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared William J Nunez, Vice Chancellor of Finance and Administration known to me to be the gerson whose name is subscribed to the foregoing instrurnent, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Tegas Chrisiian University, a Texas non-profit organization, and in the capacity ti�erein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this �� day of `'�' , 2025 �� 7� � ��',�� Notary Public in and for the a�'! "� $UE McCL�U.Ai�I State of TexaS �� �+ � MY COMI�ISSlON E7(PIRES ,�' 4I18I2029 `'��� NOiARY ID: 131092262 Tier lI ROW Encroachment Agreement Page 10 of 14 STATE OF TEXAS § COUNTY UF 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 pexson whose name is subscribed to the foregaing instnxment, and acknowledged to me that he executed the same for the purposes and cansideration 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 OF'FICE this 30th day of September 2fl 25 —� — I�P/�l��La���Pe Notary Public in and for the State of Texas Wendy Beardslee �My Commi�tlon Expltas + 712812029 NotBry 10133237193 Tier II ROW Encroachment Agreement Page 11 of 14 EXHIBIT A Depiction and Descriptivn of the Encroachment Tier TC 1tOW Encroachment Agreement Page 12 of 14 n, � fdFC�h�I'�4�k AV@ a, � � +, ro � � � a � V � � .L1 7 J �r � � � N � C h� � v � � � u U � � W Cant�y Sc ! ����:i��? �� �.{_r,. .:� �,�i-.-, � �a �, Y � /^+ � � �� � ' �"rt 4.tii{_� "1 4'i � { ..' 1 ro � ��� � � , � � � i1'� � C�l'I{iF;' W � �' ,i� :t �l4�ia,}� t � r � r � � `Q __.� ���.i.�,� � ��� . � f Q � � ; a ...: T2X8S ' ��ffStldfl W B�w�e�i University � �, PROJECT LOCAT/ON y 4 Q a� T�- _i r a����,,, ,-;,,�� � Y C.� � U 1N Berry St 8�rry St �, �. a� �. "' } �f' a� > �� � �F r ,_ U� �' � � ��� �,r'r � � _ �i 1 ��~� � c` ' t i {� .1�: t 14f Berry � � ... . .. .. .. ... ... .. .. .. . ... . . ... .. .. . . .. .. ... .. . . . . . .... ...... Texas Christian University TCU Box 297600 LOCATION MAP teogue nall & perkins forf Wo�lh, Texas 7fi124 5237 N. Riverside Drive, Suita 100 N.T.S. Fort Worth, Texas 76137 817.33fr.5773 ph 817.331i.2813 Ex TBPE Registration No. F-230 N Texas Christian University �.Mp�^c.�om Site "C' Parking Garage Mapco Page 76T & 76X EXHIBIT "A" "ENCRQACHMENT OF W. CANTEY STREET" BEING 1,656 square feet of land, situated witfiin and being a�ortion of the Right-of-Way of W. Cantey Street, City of Fort Worth, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the most northerly northwest corner of Block i 9, TCU Addition, an addition to the Ciry of Fort Worth, Tarrant Caunty, Texas, as £'iled in Instrument #D213253925, Plat Records of Tarrant County, Texas (P.R.T.C.T.}, also being the intersection of the south Right-of-Way (R-O-�N} line of W. Cantey Street (64' in width), with the east R-Q-W line of Lubbock Avenue (50' in width), from which a mag nail found, bears S 89°37'S5" W, a distance of 10.00 feet; and from which a"T" found cut in concrete at the mast westerly northwest corner of said Block 19, TCU Addition, also being in t�e east R-O-W line of said Lubbock Avenue, bears S 44°40' 14" W, a distance of 14.09 feet; THENCE N$9'37'S5" E, along the notth line of said Block 19, TCU Addition, and along the south R-4-W Iine oi said W. Cantey Street, passing along the north line of Merida Avenue (vacated by the City of Fort Worth by City Ordinance No. 27337-12-2025), at a distance of 250.01 feet passing a"T" found cut in concrete in the narth line of said vacated Merida Avenue, and continuing along the south R-O-W line of said W. Cantey Street, and north line of said vacated Merida Avenue, also passing along the north line of Lot 18, Block 14, Frisco Heights, an additian to the City of F'ort Worth, Tarrant County, Texas, as filed in Volume 204-A, Page 96, P.R.T.C.T., in all, a distance of 306.78 feet to the POINT OF BEGINNING of the hereina€ter described encroachment; THENCE leaving said 1ine, passing over and across the R-O-W of said W. Cantey Street, #he following courses and distances; N 00°22'OS" W, a distance of 14.00 �'eet; N 89°37'S5" E, a distance af 118.25 feet; S 00°22'OS" E, a distance of 14.00 feet to the soutY� R-O-W Iine of said W. Cantey Street, also being the nartheast corner of said Lot 18, Block 14, F'risco Heights, and being the intersection of the south R-O-W line of said W. Cantey Street, with the west line of a 10' wide alley; Sheet 1 of 3 ACC 24155 THENCE S 89°37'S5" W, along the sauth R-O-W line of said W. Cantey Street, and along the north line oi said Lot 1 S, Block 14, Frisco Heights, a distance of 118.25 feet to the PO�NT OF BEGINNING and cantaining 1,656 square feet or Q.038 of an acre of land. , ust 20, 2025 Theron W. Sims, R.P.L.S. Texas Registration No. 5887 Surveyed on the ground in Ap�il, 2024 _ _�01 � R�� � . ���������N��N����NN n�a�oN w. s��s � ....................., �4_ �7 _ � � 1. Bearings of lines shown fi�ereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2d1Z} 2010.00} as deri�ed locally from Allterra Central's Continuausly Operaking Re#erence Stations (CORS} via Real 7ime Kinematic (R7K} methods. 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V1fORTH, TX 7fi109 � � f� 3�ag � ' ���� � � EXHIBIT B Certificate of Insurance Tier II ROW Encroact�ment Agreement Page 13 oF 14 EXHIBIT C Notice of Termination Tier Ii ROW Encroachment Agreement Page 14 of 14 Date Received: Time Received: Record Number• City Secretary No.: TERMINATION OF ENCR�ACHMENT LICENSE AGREEMENT This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporat�on of Tarrant County, Texas, acting herein by and through its duly autharized City Manager, Assistant City Manager, or Develapment Services Department Director, and [insert name af entity here] ("Licensee"), a[insert type of entrty here], acting herein by and through its duly authorized representative. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract Na. U(the "Agreement"), on [_], ta autharize Licensee's encroachment upon the City's (easement/Public Right-of-WayJ for the purpase of � �; and WHEREAS, the parties now wish to ternunate the Agreement. NOW, THEREFORE, City and Licensee, acting herein by and through their du�y authorized re�resentatives, enter into the following agreement: AGREEMENT The Agreement is hereby ternunated effective on � 1, subject to Section 16 of the Agreem�nt. (SIGNATURES APPEAR ON FOLLOWING PAGE] Page 1 of 6 Updated 2024 EXECUTED to �e effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH I. D. J. Harrell Director, De�elopment Services Department Date: ATTEST: Jannette Goodall, City Secretary Approved as tdfdo Form and Legality Hye Won Kim Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I arn the persan responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Kandice Merrick Development Services Manager Page 2 of 6 Updated 2024 Licensee: GPIF CD II LI.C, a Delaware limited liabi�ity company �� Name� Title: Date: STATE UF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed ta 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 Texas Christian Uruversity, a Texas non-profit organization, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2025. Notary Public in and for th� State of Texas Page 3 of 6 Updated 2024 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 appeazed D. J. Harrell, ka�own to me ta 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 af the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL 4F OFFICE this day of , 2024. Natary Public in and for the State of Texas Page 4 of 6 Updated 2024