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HomeMy WebLinkAboutContract 45806 i CITY SECRETAW FORT WORTH.CONTRACT NO. 1� RIGHT OF WAY ENCROACHMENT AGREEMENT (CONIMERCIIIL) THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or its Planning and Development Department Director, hereinafter referred to as "City", and CRP Cypress West 7th Commercial LP, a Delaware limited partnership , acting herein by and through its duly authorized managing member, CRP West 7th, LLC, a Delaware limited liability company hereinafter referred to as "Licensee", Owner of the property located at 3001 West 7th, Fort Worth, Texas 76107 described on Exhibit "C" attached hereto and contained within the property shown on the site plan attached hereto as Exhibit"D" ("Property"). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee permission to construct/install and/or allow to remain, certain improvements (the "Improvements", whether one or more) that encroach upon, use and/or occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of--way (collectively, the "public right-of-way"), such ii Improvements being described as follows: • Post Mounting Parking Identity Signs • Project Information Directories r 2014 ROW Encroachment Agreeanent-Commercial OFFICIAL RECORD Page 1 of 20 -- -- --- -- — _ a,ry, C FARY Rev. 04/2014 FIE WOR°" 14 j inc • Streetscape Art Icons The location and description of the Improvements and the encroachment are more particularly described or depicted in Exhibit "A", attached hereto and incorporated herein for all purposes. 2. All construction, maintenance and operation in connection with the Improvements and their use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes, and in accordance with the directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. All plans and specifications for the Improvements shall be subject to the prior written approval of the Director of Transportation and Public Works, or his or her duly authorized representative, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the public right-of-way, except as described herein and depicted on Exhibit"A". 4. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Licensee shall pay 2014 ROW Encroachment Agreement-Commercial Page 2 of 20 Rev. 04/2014 to City an amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 2014 ROW Encroachment Agreement-Commercial Page 3 of 20 Rev. 04/2014 I 5. Upon prior written notice to Licensee, except in the case of an emergency, City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of the Improvements, but City shall make reasonable efforts to minimize such damage. 6. Licensee agrees to pay to City an application fee of $325.00 at the time this Agreement is requested in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for 30 years commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee of the non-compliance in writing, and if Licensee has not cured within 30 days of such notice, this Agreement shall be deemed terminated unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the public right-of-way, and restore the public right- 2014 ROW Encroachment Agreement-Commercial Page 4 of 20 Rev. 04/2014 i of-way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the public right-of-way, Owner hereby gives City permission to remove the Improvements along with any supporting structures,restore the public right-of-way and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the public right- of-way to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and, that City cannot contract away its duty and its legislative power to control the public right-of-way for the use and benefit of the public. It is accordingly agreed that if City's governing body at any time during the term hereof determines in its sole discretion to use or cause or permit the public right-of-way to be used for any other public purpose, including but not limited to, underground, surface or overhead communication, drainage, sanitary sewage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the public right-of-way described in Section 8, 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right-of-way and is not a conveyance of any right, title or interest in or to the public right-of-way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 2014 ROW Encroaclunent Agreement-Commercial Page 5 of 20 Rev.04/2014 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Improvements, encroachment and uses. 12. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND 2014 ROW Encroachment Agreement-Commercial Page 6 of 20 Rev. 04/2014 ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS, LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as described or depicted in Exhibit "A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts promptly following notice to Licensee of such requirement. Licensee agrees that it shall not cancel or amend such insurance policy without at least 30 days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of 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 2014 ROW Encroachment Agreement-Commercial Page 7 of 20 Rev. 04/2014 d Agreement and until the removal of all encroachments and the cleaning and restoration of the public right-of-way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of Licensee's obligations. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City Manager or his or her designee. Any attempted assignment without prior written approval shall be void. In the event Licensee conveys the Property, Licensee may assign in writing all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment in event of default and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 2014 ROW Encroachment Agreement-Commercial Page 8 of 20 _ Rev. 04/2014 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this day of July, 2014. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 ROW Encroachment Agreement-Commercial Page 9 of 20 _ Rev. 04/2014 City Licensee City of Fort Worth CRP Cypress west 7"' Commercial, LP, a Delaware limited partnership By: CRP Cypress Vilest 7`h Commercial GP, LLC, a Delaware limited liability company, its general partner By: CRl' Cypress West 7`h1 LLC, a Delaware limited liability company, its sole member By: CRP West 7'h, L.L,C., a Delaware limited liability company, its managing member %^ 0 Bv' RanAel 4"o) Name: Planning& Development Director "Title: MMWLGERBHENSON ATTEST: Approved As To Form and Legality i City Secre a � ssistant City Attorney Q G a ti NT rr� ,y, quGG ' GGpGr347RbCF4GGG 2014 ROW Encroachment.Agreement-Commercial OFFICIAL RECORD 10 of 20 _... CITY 1' E(w RETA Rev.04/201 t i Consented to and agreed by the undersigned, which owns the property described on Exhibit "E" attached hereto and which is contained within the property shown on the site plan attached hereto as Exhibit"D": CRP Cypress West 7'''Residential LP, a Delaware limited partnership By: CRP Cypress West 7°i Residential GP, LLC, a Delaware limited liability company, its general partner Bv: CRP Cypress West 7`i', L.L.C., a Delaware limited liability company, its sole member By: CRP West.7'h,L.I..C., a Delaware limited liability company, its managing member Name: - Title: - -L N PRESIDENT VICE is 2014 ROW Encroachment Agreement-Commercial Page I I of 20 Rev. 04/2014 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 Randle Harwood, 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 the City of Fort Worth, and in the capacity therein stated. p GIV N NDER MY HAND AND SEAL OF OFFICE t ' j day of , 2014. �aaa� 1 21u tl Notary Public in and for the State of Texas j 2014 ROW Encroachment Agreement-Commercial Page 12 of 20 Rev. 04/2014 STATE-F-' TEX—A-S wa"atonp 1),stlict® Columbia C-0t,fN-TY'(YF-TARRANT § Bin OME. ersgnd thority, a Notary Public in and for the State-of Tex-as, � this day personally appeared (name) (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of CRP West 7'h. L.L.C., on behalf of CRP Cypress West 7'h, L.L.C., the sole triernber of CRP Cypress West 7"' Commercial GP, L.L.C., general partner of CRP Cypress West 7`h Commercial 1-11 and in the capacity therein stated. ve, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ---, 2014, Nota- Public in and for the State-of-Texas 2014 ROW Encroachment Agreement-Commercial Page 13 of 20 Rev. 04/2014 STATE-OF-TE,XAS w" S ont DigAct of Columbia Ck)u;wr -y--OF IARRANT § t,,,"vo BEFORE ME, the undersigned authority, a Notary Public in and for the Statc-of -'s of o this ay personally appeared 411)�(',tjj�I'�L—���(Ilame) Fe�xfls, I-I t1is d (title) known to me to be the person whose narne is subscribed to the foregoing instrument, and acknowledged to i-ne that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of CRP West 7"', L.L.C., on behalf of CRP Cypress West 7"', L.L.C., the sole member of CRP Cypress West 7"' Residential GP, L.I-C., general partner of CRP Cypress West 7"' Residential LP and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014. Not4l ublic in and for the ,Sw-to,q"exas c 2014 ROW Encroachment Agreement-Commercial Page 14 of 20 Rev. 04/2014 CONSENT AND SUBORDINATION The undersigned, Canadian Imperial Bank of Commerce, acting through its New York Branch, as Administrative Agent ("Administrative Agent"), as the holder of a lien on that certain real property located at 2821 West 7`h Street and 929 Norwood Street, in Fort Worth, Texas and commonly known as "West 7th,', hereby consents to the foregoing Right Of Way Encroachment Easement (Commercial) attached hereto ("Agreement") and agrees that the lien of(i)that certain DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT ("Commercial Deed of Trust"), made by CRP Cypress West 7th Commercial, L.P., a Delaware limited partnership, and Carlyle/Cypress West 7`h, LP, a Delaware limited partnership, to Peter S. Graf, as Trustee, for the benefit of Administrative Agent, dated as of May 27, 2014 and recorded on May 28, 2014 as Document No. D214109328 in the Official Public Records of Tarrant County, Texas,together with all documents executed in connection with such Commercial Deed of Trust, and (ii)that certain DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT ("Residential Deed of Trust"), made by CRP Cypress West 7`h Residential, L.P., a Delaware limited partnership, and Carlyle/Cypress West 7`h II, LP, a Delaware limited partnership, to Peter S. Graf, as Trustee, for the benefit of Administrative Agent, dated as of May 27, 2014 and recorded on May 28, 2014 as Document No. D214109330 in the Official Public Records of Tarrant County, Texas, together with all documents executed in connection with such Residential Deed of Trust, are each subject to and subordinate to the Agreement and that any foreclosure or deed-in-lieu. under either the Commercial Deed of Trust or the Residential Deed of Trust shall not extinguish or invalidate the Agreement or the rights, benefits, duties and burdens of the parties thereto and their respective successors and assigns. CANADIAN IMPERIAL BANK OF COMMERCE, acting throuah its New York Branch, as Administrative Agent for e n s By: Name: David C. Slade Title: Authorized Signatory STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) On the 28th day of July in the year 2014, before me, the undersigned, personally appeared David C. Slade, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Authorized Signatory, of CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York Branch, as Administrative Agent for the Lenders, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instruments °'...... e-°' Notary Public, State of Illinois ,�pSiY PUB - I W'.. ROSARIO CORRAL w OFFICIAL SEAL MY COMMISSION EXPIRES 9, ,o DECEMBER 15,2015 OF 14V P 2014 ROW Encroachment Agreement-Commercial Page 15 of 20 Rev. 04/2014 EXHIBIT"A" Location and Description of Encroachment and Improvement 2014 ROW Encroachment Agreement-Commercial Page 16 of 20 Rev, 04/2014 141 WA m 3 — m _ $ 3 m m El R p O ELI 3 @a D ET y Z N " D N ° D - m _ � 3 OM _ o jig Gee it 0 , a m � - _ spa z g= o ral t 0 r \ �= m _ - a c- `m m t3 m � ic CR -� o -2 �:i \iuWSer —711 In PTflT UUUUUU �a Y`2➢:' fO Vi -a ° ! 1 i p filliflrlr AN �7 ti FOCH ST. om - _- pi n as =q 36',93 4 II > m T m 11 6'-3y,' ji O-------------------------------------------- OM P P3 ig tg r IT-0" 8' 0" 5'-0' 2. �I'13 ^=in 0 0 m 1i I' =. i o I � - v 3 v u ai oti - m x - A O 41 b 3 00�Z0 �n F o 8 a - N my g 3 o m 3 Ey OK O z D y = m O .ZJ m �c- O� �o m m 0 m m - z 0 { � I D N m C zi m o m m° f m T p Z GO 9 — � m� - o - 1D c G)a F y A y < O a m 0 _ CL i a s , a P �y z E�i o < r° v t n m � g x 5 d m ' ' o z F • V o � i I I I I l o v o = 3= m o €e o - _ ? .#�_ voice o o = 0 m o D o T-O' 6* 9'(TYPO F- (Typ) 4'-0' ------------------------------------ --------------------- ----------- -L-J ol 5.4 1. 3 3 cq 00 6 m C, Ri li LIN L 3 o N N m(7 y � H � F F_ 3 o v m 0 O O m m � 4 A A r n � x.' r w N Ol n o a m k 0 r sa -_ m - — - HIM _" - � m f S - - N F -_ `_ __ • ^ 9F j w , u i I i m � tia i � i .j. I I �3 3 m� _ cn m o � D m a 3 E AI = 9-0 iF —x y m o 3 2 - D { f _ 41 O o N y 3 d 3, ---------- Di ---------- ET aT ET g Ei E sl si 0 M T Z 0 :3 RF m - m _ mol — o 3 N m 3 y m d -- i -- - INN> 00 0 m m 0 -_�� D 9F Exhibit"B" 2014 ROW Encroachment Agreement-Commercial Page 17 of 20 Rev.0412014 76,'17/2014 E{MMfDDIYYYY) AC(� � CERTIFICATE OF LIABILITY INSURANCE 10,'24,'2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,sub)ect to the tenns and conditions or the policy,certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER LOCKTON COMPANIES 15 1 2100 ROSS AVENUE,SUITE;1400 Pllo»£ A tA�l{u.Eat1:_ AtC No DALLAS TX 75201 E-uNL 214-969.6700 INSURERIS)AFFORDING COVERAGE I MC-a INSURER A:Liberty Mutual Fire Insurance Company 23035 -INSURED- Carlyle/Cypress West 7th,LP Iuauacnn•1 ih—ty nc"—p(nrnneorinn 1338436 Cypress Ventures,LLC INSURER C: 8343 Douglas Avenue,Suite 200 INSURER D: Dallas TX 75225 INSURER 61 IHSNREP.F: COVERAGES CYE)U01 CERTIFICATE NUMBER: 1298,9625 REVISION NUMBER, XXXXXXX THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL'CY 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 REDUCED BY PAID CLAIMS INSR ADni SUER 29[CY try POLICY EXP LIMITS I.TR TYPE OF INSURANCE uryn POLICY NUMBER AIMIOwyYYY Mmir yy" A X COMMERCIAL OENERALLIABILITY Y Y 1`92.291-457901-013 ID:24:2013 10;2412014 PACHOCCURRtNCE S n n CLAIMS-MADE X!OCCUR PRhO DAMAGE TO RENTED oowf C PLtEtuSE5 LEA acsartoxel $ 300,000 MEO EXf 1An ope ptm—nj 1 5.099 PERSONAL A ADV INJURY S 1,000,040 C:N'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE 3 2.1710(000 POLICY PRO- JECT I x LOC 'PRODUCTS•COMP/OP AGO, 3 1000.000 OTHER, 1 9 A AUTO MOBIL ELMBRITY y Y A52-Z91–t57�101-023 10?24-_013 10.242014 tEO.3aidnii s 1.(1..20.(11.)0 X ANY AUTO DOOILY INJURY'(Pa pemn) $ XxXxxxx ALL OWNED SCHEDULED QOOILY INJVRYIPeraatl*nII ,S XXXXX?C AUTOS t OWO'NNEO PROPERTY DAMAGE S XXXXXXX H RED AU'05 AUTOS S XXXXXXX R X UMBRELLA LIAB yi OCCUR Y Y T)17Z9145?901 10.24.2013 1024'2014 EACH OCCURRENCE S 25,000.000 EXCESS LIAR CLAIMS-MACIE AGGREGATE 3 �5 Qf1f1 r1H(t '.. g. X RIITENrip 10,000 S xxxxxxX Y+ORKENscOUPEHSATTOt NOT APPLICABLE sTATuTe ER AND EMPLOYERS'LIABILrrY YIN .VtYPROPRIETOMIARTNERIEXECUTIVC - E,L.EACH ACCIDENT $ r - OFFICERAT-MBEREXcLubI;U> NtA El DISEASE-EA EMPLOYEE X tMtgd*tnrylDttHl X-XX__ X !tY*5,d*SCribs.,indw EL.DISEASE-POLICYLIMIT S XXXXXXX OESCklf-TION OF.OPERATIONS I±nldv DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (ACORD let,Addld.a J Sch*duls,m*y be alt" W If mar*sp*cs Is rsquV d) Re Encroachment Agrremcnf CERTIFICATE HOLDER CANCELLATION See Attachmenls 12988625 City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL o BEFORE Transportation&Public Works Department ACCO DANE OWrTHTHE POUCYPROVIS IONS, WILL BE DELIVERED IN Attn:Gcorgc Bchmanesh 1000 Throckmorton Street - Fart Worth TX 76102 AUTHORIZED REPRESEHTATNE 1988.2814 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I Policy Number TB2-Z91-457901-013 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-TNSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM Schedule Name of Other Personls)1 Email Address or mailing address: Number Days Notice: Organization(s): __ Per Schedule on File with 30 the Comnanv A, If we cancel this policy for any reason other than nonpayment of premium,we will notify the persons or organizations shown in the Schedule above.We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective.In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM99020811 ©2011 Liberty Mutual Group of Companies.All rights reserved, Page i of 1 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Miscellaneous Attachment:M477810 Certificate ID: 12988625 (3)Parking an(auto): (a)On,or on the ways next to,premises you own or rent,provided the"auto"is not owned by or rented or loaned to you,or (b)That is not owned by or rented to you as part of your"valet parking services" 'Valet parking services'means parking arrangements provided by you or those working on your behalf,where your Customers"auto"is parked and retrieved by an attendant whether or not this service is provided for a fee, Item 13. Newly Formed Or Acquired Entitles Paragraph 3.Of Section If-Who is an Insured is replaced by the following: 3. Any organization,other than a partnership or joint venture,you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverago under the provision is afforded only until: (1)The 1801 day after you acquire or form the organization (2)Separate coverage is purchased for the organization:or (3)The end of the policy period. Whichever Is earlier. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization:and C, Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization, Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2.Of Section 11-Who is An Insured is amended to add the following: e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed In a written contract or written agreement to provide them coverage as additional insureds under your policy: (1)Lessees of Premises:Any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy.,but only with respect to liability arising out of your ownership,maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. (2)Managers or Lessors of Premises:Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The Coverage afforded to the additional Insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused.In whole or in part,by some negligent acts or omissions of you,your employees,your agents or your subcontractors.There Is no coverage for the addiUonal Insured for liability arising out of the sole negligence of the additional Insured,except as provided below. If the written agreement obligates you to procure additional Insured coverage for the additional insured's sole negligence,then the coverage for the additional Insured shall conform to the agreement,but only if LC 04 59 08 12 Q 2012 Liberty Mutual Insurance.All rights Reserved.Includes copyrighted Page 5 of 7 material of Insurance Services Office,Inc.,with Its permission. Miscellaneous Att<lchment:h-1477813 Certificate 1D: 12988625 the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence, This insurance does not apply to: (a)Any"occurrence"which takes place after you cease to be a tenant in that premises or to lease that land; or (b)Any premises for which coverage is excluded by endorsement. (3)Mortgagees,Assignees or Receivers:Any person(s)or organization(s)with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership,maintenance or use of you premises.This insurance does not apply to structural alterations,new construction and demolition operations performed by or for that person or organization. (4)Any Person or Organization Other Thank a Joint Venture;Any person or organization(other than a joint venture of which you are a member)for whom you are obligated by a written agreement to procure additional insured coverage,but only with respect to liability for"bodily Injury","property damage"or"personal and advertising injury" caused,in whole or in pars,by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In prrformance of you ongoing operations;or (b)in connection with premises owned by you This insurance does no apply to: 1.Any construction,renovation,demolition or installation operations performed by or on behalf of you,or those operations on your behalf: 2.Any person or organization whose profession,business or occupation is that os an architect,surveyor or engineer with respect to liability arising out of the preparation or approval of maps,drawings,opinions, reports,surveys,change orders,designs,specification or the performance of any other professional services by such person or organization;or 3.Any person or organization more specifically covered in Paragraphs e.(1)through (3)above The Insurance afforded to any person or organization as an insured under this Paragraph 2.e,: (1)Applies only to coverage anf minimum limits of insurance required by the written agreement or written contract,but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy, (2)Does not apply to any person or organization for any"bodily injury","property damage",or"personal and advertising injury"If any other additional Insured endorsement attached to this policy applies to that person or organization with regard to the"bodily Injury","property damage",or"personal and advertising injury": (3)Applies only If the"bodily injury","property damage"occurs,or offense giving rise to"personal and advertising injury"is committed,subsequent to the execution of the written agreement;and (4)Applies only if the written agreement is in effect at the time"bodily injury","property damage"occurs,or at the time offense giving rise to the"personal and advertising injury"is committed, Item 15. Blanket Additional Insured-Grantors of Permits Paragraph 2.,of Section 11-Who Is an Insured is amended to add the following: Miscellaneous Attachment:IV1477813 Certificate ID: 12988625 3 Any state,municipality or political subdivision with respect to any operations performed by you on your behalf,or In connection with premises you own,rent or control and to which this insurance applies,for which the state, municipality or political subdivision has issed a permit. LC 04 59 08 12 q 2012 Liberty Mutual Insurance,All rights reserved.Includes copyrighted Page 6 of 7 material of Insurance Services Office,Inc.,with its permission. However,this insurance does not apply to: 1."Bodily Injury","Property Injury"or"personal and advertising Injury"arising out of performed for the state, municipality or political subdivision: 2. Any Bodily Injury"or"Property Injury"include within the"products-completed operations hazard",expect when required by written contract or agreement initiated prior to loss;or 3."Bodily Injury","Property Damage"or"Personal and advertising injury%unless negligently caused,in whole or in part,by you or those acting on your behalf. Item 16.Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8.Transfer of Rights Of Recovery Against others To Us of Section IV- Conditions: We waive any right of recovery because of payment we make under this policy for injury or damage arising out of your ongoing operations or"your work"included in the"products-completed operations hazard"that we may have against any person or organization with who you have agreed in a written contract or agreement to waive your rights of recovery but only if the"bodily injury"or"property damage"occurs,or offense giving rise to"personal and advertising Injury"is committed subsequent to the execution of the written contract or agreement. Item 17,Other Insurance Amendment If you are obligated under a written agreement to provide liability Insurance on a primary,excess,contingent,or any other basis for any person or organization that qualifies as an additional insured on this policy,this policy will apply solely on the basis required by such written agreement and Paragraph 4.Other Insurance of Section IV-Conditions will not apply. Where the application written agreement does not specify on what basis the liability insurance will apply,the provisions of Paragraph 4.Other insurance of Section IV-Conditions wilt govern. However,this Insurance is excess over any other insurance available to the additional Insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same"Occurrence",claim or "suit". Miscellaneous Attachment.N1477813 Certificate 1D: 12988625 i LC 04 59 08 12 ©2012 Liberty Mutual Insurance.All rights reserved,Includes copyrighted Page 7 of 7 material of Insurance Services Office,Inc.,with Its permission. Misccllancous Attachment: M477813 Certificate [D: 12988625 t Exhibit"C" Being the NW Retail Unit, of WEST 7TH MASTER CONDOMINIUMS, together with an undivided interest in the common elements, as set out in the Third Amended and Restated Master Condominium Declaration dated 05/27/2014, filed 05/28/2014, recorded under County Clerk's File No.D214108651, Real Property Records of Tarrant County, Texas, 2014 ROW Encroachment Agreement-Commercial Page 18 of 20 Rev. 04/2014 Exhibit"D" Site Plan 2014 ROW Encroachment Agreement-Commercial Page 19 of 20 Rev.04/2014 t n was i /T 1 t 3` } ell 11`J�` �) Sh oil 1 y l5 41 �; jY� �;+3 [fi+� ��� ,• y�yiSS P� � a c7 all vs i s � t f ✓r 4 C`•_ r..� ....Y.. ..,..�e� i t i �F ' R i+IQ Ir�t NO Ln w ,I n ' u .i 5 P.§i r ) rl S 1 e �2F n3 :: 4F i S� iD 3 t4+r F •�6:� �1ri�iiri! Ono a i x •�1}rr ii x"• 7s `,5 k s r� `1i iii^ Z' .tmf7f i, s _ it F'-• C) � �S _� :t � , z F 1 n ' d4;t r 1 fi ! `3 3ik1•i a 1 ! _ R IH WWI , 'N"m ANS ORIN, an R- 11 MI IMMOMN now Tommy MAIROM" WEE, Elwood 1 165, OM .2 too 01 z tq set HI MI Ju PI 0 ht t Exhibit"E" Legal Description of Property Owned by CRP Cypress West 7"'Residential LP Being the Residential III Unit of WEST 7TH MASTER CONDOMINIUMS, together with an undivided interest in the common elements, as set out in the Third Amended and Restated Master Condominium Declaration dated 05/27/2014, filed 05/28/2014, recorded under County Clerk's File No. D214108651,Real Property Records of Tarrant County, Texas. i 2014 ROW Encroachment Agreement-Commercial Page 20 of 20 Rev. 04/2014