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HomeMy WebLinkAbout066006 - General - Contract - North City Flatlands, LLCDate Received: 10/07/2026 Time Received: 9:54 a. m. Record Number: PN26-00114 City Secretary No.:66006 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Director of the Development Services Department, and NORTH CITY FLATLANDS, LLC, a Florida limited liability company ("Licensee"), RECITALS WHEREAS, Licensee is the owner of the real property located at 8825 North City Drive, Fort Worth, Texas 76117 ("Property"), being more particularly described as, being a tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas being a part of Lot 5, Block 1, North City Addition — East, an Addition to the City of Fort Worth, according to the correction plat recorded in County Clerk's Document Number D223091757, Plat Records, Tarrant County, Texas, a part of that certain tract of land described by deed to North City Flatlands, LLC as recorded in Deed Records, by Instrument Number D223059305; and WHEREAS, the City owns a sewer facility easement (the "Public Property") within the property, dedicated by plat, depicted on the final plat of the property (FP -22- 163) original Document No. D222291180 and correction plat thereto, recorded the Plat Records of Tarrant County as Instrument No. D223091757; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 12 Standard 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 Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a monument sign (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 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 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 installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Tier II Easement Encroachment Agreement Page 2 of 12 Standard 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 health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize 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 Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to 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 Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract Tier II Easement Encroachment Agreement Page 3 of 12 Standard away its duty and its legislative power 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 for 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 contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both 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 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. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 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 Tier II Easement Encroachment Agreement Page 4 of 12 Standard 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 "B" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 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 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. 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 use of the Public Property. 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 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. 15. 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 Public Property and is not 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 - party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier II Easement Encroachment Agreement Page 5 of 12 Standard 16. 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. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 lender 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. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 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 and their successors and assigns. Tier II Easement Encroachment Agreement Page 6 of 12 Standard 22. 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] Tier II Easement Encroachment Agreement Page 7 of 12 Standard EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrell ( ct 6, 2026 10:05:41 CDT) D. J. Harrell Director, Development Services Department Date: ATTEST: Approved As To Form and Legality 00 k a pF° 09.10 1 /, Jannette Goodall, Assistant City Attorney City Secretary 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 Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised/Standard Licensee: North City Flatlands, LLC a Florida limited liability company By: C 1 kN'ame: Ricardo Bias Title: Chief Operating Officer Date: STATE OF 1—luvtc�� COUNTY OF Mayn't 1.24 ( § BEFORE ME, the undersigned authority, a Notary Public in and for the State of F to ( ado , on this day personally appeared Z\Cew O R14S COo (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 a v k -k C.t t Fkk oi'JS U.C a (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21 day of sr.� re- v �-f , 2026. ova V. Suarez-patrofle r PUe4� EComm.: HH 769224 Expires: Feb. 25, 2030 Notary Public - State of Florida Notary ublic t d for the '':;;Ep11 State of (oral. Tier II Easement Encroachment Agreement Page 9 of 12 Standard 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 this6th day of October , 2026. (7osp,�h Cava Joseph alva (Oct 6, 2026 15:05:00 CDT) Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Page 10 of 12 Standard EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Standard 0 NOT TO SCALE MAPSCO NO. 035F COUNCIL DISTRICT #4 LATITUDE: 32.8945027710 & LONGITUDE: -973246471461 OWNER/DEVELOPER: RESIA 5717 LEGACY DRIVE SUITE 250, OFFICE 2045 PLANO, TX 75024 PHONE: (682) 730-6508 CONTACT: CARY FISHER DUNAWA y 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (rn REG. F-1114) EXHIBIT A VICINITY MAP RESIA - NORTH CITY FLATLANDS NORTH CITY ADDITION LOT 5, BLOCK 1 FORT WORTH, TEXAS � I I I a 9� =. ° 2 Ili _ '� s • ocl Ede '� . g 9 i ICI-�o�_---1��---_----_.�__--_--- J � = y.J� aim Av ava a0me vwvxaz dC'lBB 3.b0. S I it u� N r Y Q z O U O~ g y m €F o •U .ag�� ro O O cn~HO °amp �w g�00�000�w� > oom m a 0 o a sI N. 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I H a aka Aam 8s a s s Ea ca s g s$ Bay a a s° sg s ' Fs I s e g z s g- a& a M a g a l£ a l a I m s a x § g 9$ Faa �' €s ga s_s s� ate° 51111 � � $` � g 8�sg aa 2a �g� a€ �o"s �. 81 �s sg a 11 ��-� � s s ,"� c� °x�a _a mg's a;ob _ o =e N y Q w U y y F w 0Oo� iF 82 m J J W orc CO Oo o J J d J ao 3 ? y U O >-. o °� a U 0 ° o00 m mmF oo� In a orc p (/) H Z < _ 000 a J s ;1O77)=14 Z X ^s Ow as O a Qo _ f� :o 2 0) a V U) T 0 c a) 0 U 0 O U C 0) EXHIBIT "A" SIGN ENCROACHMENT AREA A PART OF LOT 5, BLOCK 1 NORTH CITY ADDITION - EAST co o \ \ \ 0 222.9gF`q�q / \ �qo°oti� 0 �o'BoFti��✓V A \ 0 120' • .igy' cs�� /\ \ rS , \ c qo tiro / / O��o� SCALE FEET / // \ C?cG�� �'pj\ \ ro?? F�is 1"= 120' / \ •O /Ct j \ \ gTso9sjr �Lllll9 // / \ \i° F�O \ s, 98 T 'Cote / 'f 022 / /�e ° � / N 0c // // 4\ gos�o oa o°o°Gti \ \ r 022gSF 9 \ ,`r'�gsr •c ' S \< \ o,�T6s�' ej, \ \ . / / NORTH CITY FLATLANDS, LLC \ \ Cep, \ .cT� Fy s• \ ` / / C.C.D. NO. 0223059305 D.R. T. C.T. \ \ / "P O22�tiOTI- \ \ cp�TF \ ` REMAINDER OF LOT 5, BLOCK 1 �� \ \ NORTH CITY ADDITION - EAST POINT OF ooc�\ C.C.D. PR. T.C. 7.O. 091757 COMMENCING �9 \ \ POINT OF r+O rL (r \ \ \\ `r' \ \ / BEGINNING \ \ PARCEL 2 \ \ / 4 17 SQUARE FEET // / c,T c°O CpopGSIGN ENCROACHMENT q ti AST \ (/ / �1 sF �P•G�STeR•\\ NNNN /\ \ \ \ STEPHEN R. GLOSUP o9oJ ° ATE T•° �A 5570 v: c° ��PyL�F G 'p -� �i �F �C� i� O <n�T 7y° V Y/ / v Q' Q • 1 S v 09/08/2026 r xs T O G y C = CITY OF FORT WORTH PUBLIC ACCESS EASEMENT Gary C.C.D. NO. D224049791, D.R.T.C.T CITY OF FORT WORTH C.C.D. NO. = COUNTY CLERK'S ENCROACHMENT LICENSE AGREEMENT #6 DOCUMENT NUMBER C.C.D. NO, D223051577 T. P.R.T.C.T. = PLAT RECORDS, 1r DUNAWA D.R.C. T. TARRANT COUNTY, TEXAS A metees and bounds description of D.R.T.C.T. = DEED RECORDS, even date accompanies this drawing. TARRANT COUNTY, TEXAS 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 PAGE 4 OF 6 DATE: SEPTEMBER 08, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. B200120.001 EXHIBIT "A" SIGN ENCROACHMENT AREA A PART OF L O T 5, BLOCK 1 NORTH CITY ADDITION - EAST 7 20�� \ \ 999 J \ >> F \ \\ O229SF` 7yq 9,�tiTa NORTH CITY FLATLANDS, LLC \ C.C.D. NO. D223059305 \ \ D.R.T.C.T. \ \ REMAINDER OF LOT 5, BLOCK 1 \ \ NORTH CITY ADDITION - EAST \ \ C.C.D. NO. D223091757 P. R. T. C. T. \^ CITY OF FORT WORTH PEDESTRIAN \ \ \ ACCESS EASEMENT \ )\ C.C.D. NO. 0224049786 C\ D.R.T.C.T. \ = CITY OF FORT WORTH PUBLIC \ LE ACCESS EASEMENT \ \\ C.C.D. NO. 0224049791, D.R.T.C.T PARCEL 2---'\"\ Line Table Line Number Bearing Distance L1 N45'33'09"W 17.39' L2 S4426'51 "W 10.57' L3 S4431'38"W 7.00' L4 N45'28'22"W 2.50' L5 N4431'38"E 7.00' L6 S45'28'22"E 2.50' C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS DATE: SEPTEMBER 08, 2026 0 30' SCALE FEET 1"= 30' OF .• ST' ....NNNNNN.•••••.•.••NN STEPHEN R. GLOSUP ...N•N••NNNNNN.N•N•N • ( S• � 0 5570 q. 5. a'� `p D •:SU 09/08/2026 POINT OF \ BEGINNING 17 SQUARE FEET `LG SIGN ENCROACHMENT TRI-COUNTY ELECTRIC COOPERATIVE, INC. C.C.D. NO. 0225072017 D. R. T. C. T. /' //11:i:: \ // Q� Q Q5 O p A' DUNAWAY evenA metes and mpan description idra of date accompanies this drawing. 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 PAGE 5 OF 6 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. 8200120.001 POINT OF COMMENCING `TRI-COUNTY ELECTRIC COOPERATIVE, INC. C.C.D. NO. D225072017 DR. 1. C. T. EXHIBIT "A" SIGN ENCROACHMENT AREA A PART OF LOT 5, BLOCK I NORTH CITY ADDITION - EAST PROPERTY DESCRIPTION PARCEL 2 BEING a tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 5, Block 1, North City Addition — East, an Addition to the City of Fort Worth, according to the Correction Plat recorded in County Clerk's Document Number D223091757, Plat Records, Tarrant County, Texas, a portion of that certain tract of land described by deed to North City Flatlands, LLC, recorded in County Clerk's Document Number D223059305, Deed Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the intersection of the southwesterly right—of—way line of North City Drive (a 50' width Public Access Easement), as dedicated by North City Addition — East, an Addition to the City of Fort Worth, as recorded in County Clerk's Document Number D222291180, Plat Records of Tarrant County, Texas and the northwesterly right—of—way of Platinum Drive (a 40' width Public Access Easement), as dedicated by North City Addition — East, an Addition to the City of Fort Worth, as recorded in County Clerk's Document Number D222291180, Plat Records of Tarrant County, Texas for the most westerly northeast corner of said Lot 5, Block 1, North City Addition — East; North 45'33'09" West, with the southwesterly right—of—way line of said North City Drive and the northeasterly line of said Lot 5, Block 1, North City Addition — East, a distance of 17.39 feet to a point; South 4426'51" West, departing the southwesterly right—of—way line of said North City Drive, and the northeasterly line of said Lot 5, Block 1, North City Addition — East, crossing into said Lot 5, Block 1, North City Addition — East, a distance of 10.57 feet to the POINT OF BEGINNING of herein described tract of land; THENCE South 44'31'38" West, continuing across said Lot 5, Block 1, North City Addition — East, a distance of 7.00 feet to a point; THENCE North 45'28'22" West, continuing across Lot 5, Block 1, North City Addition — East, a distance of 2.50 feet to a point; THENCE North 4431'38" East, continuing across Lot 5, Block 1, North City Addition — East, a distance of 7.00 feet to a point; THENCE South 4528'22" East, continuing across Lot 5, Block 1, North City Addition — East, a distance of 2.50 feet to the POINT OF BEGINNING and containing a calculated area of 17 square feet of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. B200120.001 Stephen R. Glosup Registered Professional Land Surveyor Texas Registration No. 5570 srg@dunaway.com September 08, 2026 DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 (.! SOT,- T;�N\ �G * RFO STEPHEN R. GLOSUP ,• 5570 O SU9. PAGE 6 OF 6 EXHIBIT "A" SIGN ENCROACHMENT AREA A PART OF LOT 5, BLOCK 1 NORTH CITY ADDITION - EAST An Addition to the city of Fort Worth, according to the plot recorded in County Clerk's Document Number D223091757, Plat Records, Tarrant County, Texas. 0 W EXHIBIT D - MONUMENT SIGN (NORTH Cl TY DRIVE) ENCROACHMENT PROFILE LOT 5, BLOCK 1 NORTH CITY ADDITION - EAST NT SANITARY _ 50' SEME 84 A 700 2D' 700 695 695 MONUMENT slay. 690 690 PIER CAP 685 I I II I Eh7S7►NG FINISH GRADE GRADE 685 ACEIV7ERUNE 680 OF PIERS II II ' ' EX. 12" FL=±684.99 DR14 WATER ±684.99 680 (2) 675 675 670 670 665 Ex. 10' SEWER FL 665 660 660 -0+50 0+00 0+50 1+00 1+50 2+00 DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 PAGE 1 OF 1 EXHIBIT D MONUMENT SIGN (NORTH CITY DRIVE) ENCROACHMENT PROFILE A PART OF LOT 5, BLOCK 1 NORTH CITY ADDITION - EAST m N ^ ^ Z 0 0 d N v Q N m 01 1+) • • OO W 4i M . J LL U • W Q , W ;\ �y\ LU a y • • G N ti • Q ' d • W rn L a+ N I • i - 4-+ > LI m • [I] Y ] C u • cow • • W� m v °' W E O- p G O y C -m oo z o 0 z � C > � • m > • H to O • r Wa e V 41 IOJa) • Y z ofI 4J L•bo • • . i O • ��T�i�, C J N O Q a �������������" a0 V w Mao �`�i��\ii����- '` z O x LL —_ 0 G1 amuo i�`��i�yi�iii W lfl L CO N O o Z l/1 N • r r" rn N LL 0 I a N M i z oo • N _ W N • W n C W t z O • a z W e a Q a �� w = O _ LL I rn V ^ L 0 z1 YT �= N M w? Z• m " I� V m N (x o u Q a 00 Z V/ 4i �^ mo • W O H ^ M� °¢o • a - 0 LL Qi �IY Q W a• 3 QN-> N F Q EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Standard COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY CO The following is added to the Other Insurance (2) Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and VERAGE PART You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: GA24CGLZ0H27XIC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: NORTH CITY FLATLANDS, LLC, a Florida limited liability company Subject of the Agreement: Encroachment Agreement M&C Approved by the Council? * Yes ❑ No II If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: The date of Directors Signature Expiration Date: 30 Years from Directors Signature If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. P N 26-00114 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No O Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.