Loading...
HomeMy WebLinkAboutContract 42575-CA1 �i $ECREr �� .r (-1-fi NTRA.CT N®. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § ASSIGNMENT OF ENCROACHMENT AGREEMENT [City Secretary Contract No. 42575] WHEREAS, on the 18th day of November, 2011, the City of Fort Worth, acting by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "City," entered into an Encroachment Agreement with Lancaster Properties, LLC, acting by and through its duly authorized President, hereinafter referred to as "Grantee," Owner of the property located at 2920 West Lancaster(the"Property"); WHEREAS, a copy of the Encroachment Agreement dated November 18, 2011 and recorded as Instrument#D211297463 in Tarrant County, Texas and amended by Amendment to City Secretary Contract No. 42575 Encroachment Agreement dated December 20, 2012 and recorded as Instrument # D212312679 ("Agreement") is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full; WHEREAS, the current Grantee under the Agreement, Lancaster Properties, LLC, a Texas limited liability company, "Assignor," desires to assign the Agreement to Bell Fund V Lancaster,LLC, a Delaware limited liability company, "Assignee": NOW, THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Agreement from Assignor to Assignee. As consideration for the Assignment of the Agreement, Assignee hereby expressly accepts and assumes all obligations and liabilities of Assignor under the terms of the Agreement and agrees to be bound by all the terms,provisions and covenants therein. This the K day of , 2014. VIE 1TV-02m- APPROVED AS TO FORM AND GRANTOR: C' of Fort Worth LEG LITY: Assistant City Attorney an Ha ADe Dir r lopm ent [signatures continue on following page] OFFICIAL RECORD (�g'Ty SECRETARY 4022700 �""T.WORTH,TX ASSIGNOR: ASSIGNEE: LANCASTER PROPERTIES,LLC a Texas limited liability company By: Lang Partn r ,LL is ger By: Name: /1/ i�# Title: AMA k 6Q ATTEST: F 20 � 0 a. 0 o City Secretai 0 °7j O OOb 000000000°0� [No M&C Required] ��S OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 402270vl ASSIGNEE: BELL FUND V LANCASTER,LLC, a Delaware limited liability company By: Bell Apartment Fund V,LLC, a Delaware limited liability company, its Sole Member By: Bell IINW Fund V,LLC, a Delaware limited liability company, its Managing Member By: Bell Fund V Manager,LLC, a Delaware limited liability company, its Manager By: Bell Partners Inc., a North Carolina corporation, its Manager By: N e: John t. Tomlinson T le:Chief Financial Office. By: Bell Institutional Subsidiary V,LLC, a Delaware limited liability company, its Managing Member By: Bell Institutional Fund V,LLC, a Delaware limited liability company, its Managing Member By: Bell Fund V Manager,LLC, a Delaware limited liability company, its Manager By: Bell Partners Inc., a North Carolina corporation, its MAnager By: Na e. John E. Tomlinso Ti Chief Fin @ncia{ 402270v1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared WkjAJ4004known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. Given under my hand and seal of office this the O day of (/(il v , 2014. MAPYRA PINA Wan�dfor � Notary Public,Staid of Texas My Commission expires aotar6u'blic 5epternbe' 10 2018 The State of TEXAS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ,:YD n D Wk known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Lang Partners, LLC, Manager of Lancaster Properties, LLC, a Texas limited liability company, for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of 6*— , 2014. MARYBEI PINA �+ Notary Public,State of texas N,tar blic in and for, My Commission Expires The S e of TEXAS dMplember 10, 2018 [acknowledgements continue on following page] 402270v1 STATE OF NORTH CAROLINA § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared - 2-T �j�SD n , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Bell Partners Inc., a North Carolina corporation, Manager of Bell Fund V Manager, LLC, a Delaware limited liability company, Manager of Bell Institutional Fund V, LLC, a Delaware limited liability company, Managing Member of Bell Institutional Subsidiary V, LLC, a Delaware limited liability company, Managing Member of Bell Apartment Fund V, a Delaware limited liability company, Sole Member of Bell Fund V Lancaster,LLC, a Delaware limited liability company,for the purposes and consideration therein expressed. Given under my hand and seal of office this the 4-P day of kjn h-ti f: , 2014.CZ ar Pu F" in d r NOTARy �2= The State of NORTH CAROLINA My commission expires: ()ISI-au- ��i s '�UBLIG � �Qsue coo)%S�1'��,,``� 402270v1 EXHIBIT"A" See attached 402270v1 CERTIFICATE OF LIABILITY INSURANCE DATE(M15/20/YYYY) 09/15/2014 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(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services south, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 v Winston-Salem NC office (A/c.No.Ext): AIC.No. 1100 Reynolds Boulevard E-MAIL o Winston-Salem NC 27105 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: sentinel Insurance Company, Ltd 11000 Bell Partners Inc. INSURERB: Evanston Insurance Company 35378 300 N. Greene street Suite 1000 INSURER C: ACE Property & Casualty Insurance Co. 20699 Greensboro NC 27401 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570055115838 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested IN SIR TYPE OF INSURANCE ADD UBR POLICY NUh1BER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY C EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGETO RENTED $500,000 PREMISES Ea occurrence X Terrorism Included MED EXP(Any one person) $5,000 X No Deductible PERSONAL&ADV INJURY $1,000,000 m GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 N POLICY ❑PRO O LOC JECT PRODUCTS-COMP/OPAGG $2,000,000 0 OTHER: o h A 10 UEN PP9100 11/01/2013 11/01/2014 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,000,000 Ea accident Ix ANYAUTO BODILY INJURY(Per person) 0 ALLOWNED SCHEDULED Z AUTOS AUTOS BODILY INJURY(Per accident) df NON-OWNED PROPERTY DAMAGE v HIRED AUTOS X AUTOS Per accident t: N C X UMBRELLA LIAB X I OCCUR M00550619003 11/01/2013 11/01/2014 EACH OCCURRENCE $25,000,000 L) EXCESS LIAB CLAIMS-MADE AGGREGATE $25,000,000 DED I X RETENTION$10,000 Products/Completed0 $25,000,000 WORKERS COMPENSATION AND STATUTE OTH- EMPLOYERS'LIABILITY YIN PER ER ANY PROPRIETOR/PARTNER I EXECUTIVE ❑ E.L.EACHACCIDENT OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) r Re: Bell Fund V Lancaster, LLC for the Lancaster / white Buffalo Apartments in Ft. worth, TX. _ CERTIFICATE HOLDER CANCELLATION �■. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y;.. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ■ Bell Partners, Inc. AUTHORIZED REPRESENTATIVE LrJa 300 N. Greene St. �7 Suite #1000 Greensboro NC 27401 USA �6p ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD s trr AGENCY CUSTOMER ID: 570000056292 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services south, Inc. Bell Partners Inc. POLICY NUMBER See Certificate Number: 570055115838 CARRIER NAIC CODE See Certificate Number: 570055115838 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Excess Liability Layer Bell Partners, Inc. November 1, 2013 - November 1, 2014 Excess Liability QBE Insurance Corporation Policy No. #CCU3971160 $25MM Xs $25MM Total Limits: $50,000,000 ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD --Page 1 of 21 CITY SECRETARY CONTRACT NO. 425 IS ENCROACHMENT AGREEMENT I A TEXAS § C T AR ANT § S is made and entered into by and between the City of Fort Wort a orporation of Tarrant County, Texas, acting herein by and through it d y a izeq�pnning and Development Department Director, hereinafter referr th Cit ", and Lancaster Properties, LLC acting herein by an rou s my uthorized President John Dirik Oudt C> hereinafter referred to a " ra ", O r of the property located at 2920 West Lancaster. WIT E ET 1. For and in consideration of the pa ent b mn a of the fee set out below and the true and faithful performance t to I covenants herein contained, City hereby grants to Grantee permiss ns c install and/or allow to remain, Improvement(s) ("Improvement") th a oa a pon, uses and/or occupies portions of the space under, on and/or ab v e ets, alleys, i I 1 Page 2 of 21 ide alks and other public rights-of-way, such Improvement(s) are described as lows: Exter' it d e encroaching in the ROW on identified units The location and descrip ' n of m vement and the encroachment is more particularly described in Ex ibi ", attach reto, incorporated herein and made a part hereof for all purposes. All construction, maintenance and p n in connection with such Improvement, use and occupancy shall b perfor trict compliance with this Agreement and the Charter, Ordinances n Co es of the City and in accordance with the directions of the Director of Tr io nd Public Works of City, or his duly authorized representative. All plans n pegif c ns thereof shall be subject to the prior written approval of the Directo ra rta ion and Public Works, or his duly authorized representative, but such pp ash not relieve Grantee of responsibility and liability for concept, design a u n in preparation of such plans and specifications. 2 Page 3 of 21 3. Upon completion of construction and installation of said Improvement and er a there shall be no encroachments in, under, on or above the surface ar a o e str e , alleys, sidewalks and other public rights-of-way involved, ex pt a crl ed h `e`in and shown on the hereinabove referred to Exhibit "A". 4. Gr e o e ense to the City, shall make proper provisions for the relocation an i tall o f an existing or future utilities affected by such encroachment use d ancy, including the securing of approval and consent from the util y omp i s nd t K appropriate agencies of the State and its political subdivision I e t that any installation, reinstallation, relocation or repair of any i ' g or futur My or improvements owned by, constructed by or on behalf of the bli r t p biic expense is made more costly by virtue of the constru ion, a nance or existence of such encroachment and use, Grantee shall pay n dditional amount equal to such additional cost as determined by the irecto sportation and Public Works of the City, or his duly authorized represe tat' e. 5. City may enter and utilize the referenced areas a ti a purpose of installing or maintaining improvements necessary for he sa ety and welfare of the public or for any other public purpose. In th' r r , Gr ntee understands and agrees that City shall bear no responsibility o i ilitfo 3 Page 4 of 21 d age or disruption of improvements installed by Grantee or its successors, but it ill make reasonable efforts to minimize such damage. 6. 01 r to efray all costs of inspection and supervision which City has incy d i cur a result of the construction, maintenance, inspection or manag ent oachments and uses provided for by this Agreement, i Grantee a es City at the time this Agreement is executed a fee in the sum of—waive p r N lie liars ($0.00). 7. The term of this Agr nt s b for thirty years, commencing on the date this Agreement is executed he Fo orth. 8. Upon termination of this Agre i ent r me shall, at the option of City and at no expense to City, resto t ubl' right-of-way and remove the Improvement encroaching into the public ri t- y, to a condition acceptable to the Director of Transportation and P lie W his duly authorized representative, and in accordance with then e sti g y pecifications. It is understood and agreed to by Grantee that if th Mme t rminates and Grantee fails to remove the Improvement, Owner here g s C' mission to remove the Improvement and any supporting structures a se lie on the Property for the costs expended by the City to remove such Im ov e 4 I Page 5 of 21 9. It is further understood and agreed upon between the parties hereto that e pOli rights-of-way, alleys, sidewalks ("public right-of-way") to be used and e oa d pon s described herein, are held by City as trustee for the public; th it cases s ch powers over the public right-of way as have been delega to ' institution of the State of Texas or by the Legislature; and that City nn r away its duty and its legislative power to control the public right-of- a for users benefit of the public. It is accordingly agreed i that if the gove o of City may at any time during the term hereof determine in its sole d' creti se or cause or permit the right of way to be used for any other publi urp a cl g but not being limited to underground, surface of overhead comm is ion, draina , anitary sewerage, transmission of natural or electricity, or any er u lic purpose, whether presently contemplated or not, that this Agree en all omatically terminate. 0 10. Grantee understands and agrees that th g nti f any encroachment hereunder is not meant to convey to Grantee any se occupy property in which a third party may have an interest, and Grant e a ee t will obtain all necessary permission before occupying such property. s I Page 6 of 21 11. Grantee agrees to comply fully with all applicable federal, state and local aw , st utes, ordinances, codes or regulations in connection with the co s n, o er tion and maintenance of said Improvement, encroachment an se . 12. Gr to ees pay promptly when due all fees, taxes or rentals provided for b t is A t by any federal, state or local statute, law or regulation. 1 C> Grantee covenan a ee hat it shall operate hereunder as an independent contractor as t fights and vil es granted hereunder and not as an officer, agent, servant or plo f ity and Grantee shall have exclusive control of and the exclusi rig to trol the details of its operations, and all persons performing same, and shall ery r sponsible for the acts and omissions of its officers, agents, rvan loyees, contractors, subcontractors, licensees and invitees. The doc in of r sp ndeat superior shall not apply as between City and Grantee, its officers, ' s ts, employees, contractors and subcontractors, and nothing here! all strued as creating a partnership or joint enterprise between City and nt 14. GRANTEE COVENANTS AND AGREES TO INDEMNIF DQF HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND I IT 6 Page 7 of 21 FICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST A AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS NDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL P S , F W ATSOEVER KIND OR CHARACTER, WHETHER REAL OR AS R D, RIS OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIR T NSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTEN CATION OF SAID IMPROVEMENT AND ENCROACH E A RANTED HEREUNDER, WHETHER OR NOT CAUSED, IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGE T V NT EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, C S INVITEES OF THE CITY; AND GRANTEE HEREBY AS ALL LIA LI AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. G E AL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILI HAA L INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CI P�r ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL A TS O SIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, E P Y CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, O P RS. 15. While this Agreement is in effect, Grantee agrees fu s Ci with a Certificate of Insurance, naming City as certificate holder, a pr f at ' has secured and paid for a policy of public liability insurance coverin lic, i k related to the proposed use and occupancy of public property as I c a 7 ^-_ -- — --_- Page 8 of 21 scribed in Exhibit "A". The amounts of such insurance shall be not less than h ollowing: $1,000,000 Commercial General Liability wit th n erstandi of and agreement by Grantee that such insurance i amou sh t upward at City's option and that Grantee shall so revise such am nt e i ly following notice to Grantee of such requirement. Such insuran a olic al rd ide that it cannot be canceled or amended I without at least ten da or written notice to the Building Official of the City of Fort Worth. A cop suc rt icate f Insurance is attached as attached as Exhibit "B". Grantee agr s s mit similar Certificate of Insurance annually to City on the anniversary da he execu ' this Agreement. i Grantee agrees, binds and o . at s If, i s successors and assigns, to maintain and keep in force such p lic ilit ' surance at all times during the term of this Agreement and until the re ov a I encroachments and the cleaning and restoration of the city stree . Al a coverage required herein shall include coverage of all Grantee's co tra tors 16. Grantee agrees to deposit with the City when t 's re e s executed a sufficient sum of money to be used to pay necessa ee re ord this Consent Agreement in its entirety in the deed records of Tarr t fuy, xas. After being recorded, the original shall be returned to the City ooh City of Fort Worth, Texas 17. 8 - — — Page 9 of 21 In any action brought by the City for the enforcement of the obligations of Gr tee, City shall be entitled to recover interest and reasonable attorney's fees. 18. and agrees that it will not assign all or an of its rights, Gr a co a nts a ag e g y g , P vile ga s duti u der this contract without the prior written approval of the Cit a ge r ignee. Any attempted assignment without prior written approval will be void. 19. THE PARTI THAT THE DUTIES AND OBLIGATION CONTAINED IN PA GRA 8 SH SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be bin g u t p rties hereto, their successors and assigns. 9 Page 10 of 21 ' EXECUTED this �b day of , �M , 20 jL. it Grantee (Business Name) tY 9f F Lancaster Properties,LLC By: Lang Partners, LLC By. r By. �— Randle Na — d, me: � � , Director Title: i Planning a ve e t ATTEST: Approved As To Form And Legality i� i �crre ry, ma L ssistant City Attorney a� 00°p0O°00��� d NO M&C REQUIRED °o a v I 4� i I i 10 Page 11 of 21 ATE OF TEXAS § O NTY OF TARRANT § OB R , the undersigned authority, a Notary Public in and for the State of s n hi rsonally appeared Randle Harwood, known to me to be the rs w o a e is subscribed to the foregoing instrument, and acknow g to e he/she executed the same for the purposes and considerati er ' p ssed as the act and deed of the City of Fort Worth, and in the cap ity t re' sta GIVEN UND Y H D S AL OF OFFICE this / day of f l�1X1 p , 1RMA SAENZ Notary Public,state of Texas My Commission Expires O ry ublic in and forth January 29, 2012 to Texas I I I u Page 12 of 21 TE OF TEXAS § i Y OF TARRANT § E , the undersigned authority, a Notary Public in and for the St of x , n thi day personally appeared known t person whose name is subscribed to the foregoing instrumen an no edged to me that he/she executed the same for the purposes an nsi r ionrein expressed, as the act and deed of and in the capacity therein stated. C> GIVEN UNDER M k SEAL OF OFFICE this 144-k day of .a , 20 No Public in an r the exas R. G. NAREZ otary Public,State of Texas ommission Expires Sep tuber 10; 2013 I i 12 I _. Page 13 of 21 $ 5-6" MAT QIH LINEW--iaq She t Li 02S b r POOL m I 0 ch r° m zn m'. I 0 — 0 I m s•' I I � I n � N I r. I a° rn N. = I b C 1 N 0 rn I 0 � =r --a- REET j co - � i ; 3 � 0ZZ -�i < m U' r o � ;0 2 cn ,��. mmV� m 00 m0 � 0 ai0 � 0 m 0 . r � - Dtn rtn Vi Otn w Z0 > MX1 ZO 0 0 0 � � 4 Ia z :rZ- mZ 0 m o 0 � Z D D � O� mZ m m 0 I— LANCASTER SOUTH x ■r+.' a 2930 West Lancaster Avenue �Nm V . 6� D N Fort Worth, Texas b � a ��o m — ---- ---- -- Page 14 of 21 I ' 2 $ 7,_6" 5'-6" m I MATCH LINE'B'-See Sheet L1.03S 'fig 1 i try-.'lYt ` T , m In i � I I � I S o z Im Ci m o _ o CD CD = a I m fi r CD —' F.E.= .22 CCTI r cn ° 0 o � -�, u) I0 in I i fill --- --- - 0 3 MATCH LINE'A' -See Sheet L1.01S CD m D � CD O O rO (n0 Z r-Cl) —4M m m v v m ° Dv 2 =1 Zm co my m < mm W m ° � � � . ' m m � z D o > z v I r Z m LANCASTER SOUTH y C S N-N+- _ 2930 West Lancaster Avenue O ' ' �6 � O N ° N Fort Worth, Texas SR � s ► U) Page 15 of 21 0 _SS— _SS_ _ _SS-_ — —SS_ —SS— — --- _ _Sg— NORWOOD STREET u co _ I I N, O - WK. fy y cn co #� _ I 1 i 1 I m K un U) U7 X z (nX —i m K m m 0 mZ � m N I T6"f m M m vU) M r Z WE D Cn m A gp - n 561 Z - '� I M -+ I M � = Z m D e' I i o mG, s I j r eu z Z —M- ID D O v n D An 0 — m O D � ) G) I mo m cZ IT � s 1 n =r f I(D1 I MATCH LINE W -See Sheet L�1.02S s„ 0) 3 -p -U -U m -a _U r T --+ T 0 , CD D �Q < X Z X Z 9.6.. ;p -< ;0 m KO 00 -1 O = OHO _U C) -0 v — -00 -0 R _U 13'- O Cn r-> O i x cn D p W � O zm m m b � � v v v D zD m >0 -U �1 c p 00 � n m m U) m D 0 mm m m m r P ° LANCASTER SOUTH O S N0 O 2930 West Lancaster Avenue C) ; a -6 o N Fart Worth,Texas � o ► Cn Page 16 of 21 Z N 16„ NORWOOD STREET YUE N _T Lh o Qp � DX -0 0 F.F.E.=544.22 w -0 M (n0 wo 0 0 0 0 I ( 0 0 _ � D fi 5-. ; o m CO l t o Dm I CO Mm D I / D —{ �' z ` m I m I < z` I m n m v � I ; 0 I D S 6.s.. r iCD 0 m -, C I m c� m I L_ n CD ;00 >K D { � yX i m m n O -'04 m m y00 I� O Z m 0 I w CD M mz � mM f I cn n Wpm YJ O m M H N - Sheete1 1A5S CD X m z > m �.s.. E3 m m z m cn � = Z -o - m 0 m 0 �._6.. 0p N b � X D IO D D I mo z r LANCASTER SOUTH . 2930 West Lancaster Avenue N O � ; o j:21 i ° N Fort Worth,Texas m , o ► Cn • • �!• •�_-; j �' � o o aaa a°��`i•,ra:�x..xaic o c • ' • �3L�.EIS:;� * � �S _' _ �: ; �t r -1 MW dwo 111111VI Ll ral WO L :;cr� Rd NONE���rt���i���!�"ir� �zi� �I►r �R lit ; • � t1.oO:00000:0.0.00:O:00o000.00:0.0.O:�e4000Q'LiOa • rn - D r �J - • ._..-,.�T,-..,�..-.�-.a..... er tr=��U—:fie -- - I --u•. �r�—� •c—ter-- Ica `� n�rc• �o�■ ■.n ■�ari•1•�ri.awr.�r:�l �M1�n�cu:�.u��������r�•. I � .�- war trir•s�o���rrrrr•r•rrr•r•rrr•�n: o Quo 0,0 0!a�4a•^�4f ��`r:�i�t..]�.��������. I ',Y (�IFlIi111�� ICI IIIl� 'lo PF AM. . . . � � ;��illll�llllilillS�1 W zr va.�•�I +.,���.` a� �T•�oe� e.�-•�n I�.�quo na.�lle • �i'���:�+, �_�\\' i��111111111111�J• ��_v�•1• � -"—•--'����.' '�`� I I rn - - D Page 19 of 21 -_ -- -.-- - -^ I A 12' 4'-6" � � I f \ Adj.Parking Lot 1 — - - — — - - I 1 I 1 r G f — — ' 50� - — i 1 D 0O' 0 O m m m 0o1�0 c I D M Z -+ m i m 5'-6" ® i r � n vim n�� 11 O c0 D m O 1-{ li r r- z O I n Omv calm i m m Z Z mom . r � � = Z m > Z �1D I Ia) o m O mT r°' -- - - -- - - -- - - - -- I D m � Z z m - - - m O o cn I O o cn z o G =�N - o m 0 04 m I o T o cnT I - - - -- ' 1 CD POOL I cn 00 b I m o v ATCH LINE-See Sheet 1-1.01 N CD' 3 D� 3-6 r- -v co -a -0 -u -a G7 w CD Z X :�EX DX z �1 O M � O ZO Oa R1 - m0 coo z (n D � m 0 d 0 O z z O r+ m X o °o D z0 0 m :E - � m Ocn � m m z I z o LANCASTER NORTH % N N. 2920 North Bledsoe Street �� N Worth,Texas Fort Wor �bo N , o Z Page 20 of 21 DATE(MWIDDIYYM CERTIFICATE OF LIABILITY INSURANCE I 10128/201 1 4"... S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT I INEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON RACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. V.OR :If cer tificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.if SUBROGATION IS WAIVED,subject to the terms and conditions of the n of require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROD Aon Risk Services Southwest,Inc. NAME: Ms.Velvet Barrientos 711 North Haskell Avenue,Suite 800 PHONE PAx Da as 5204 INC,No,E a>: (404)240-6039 (uc,No): (404)264-3002 Af onES& velvet.barrientos @aon.com INSURERS AFFORDING COVERAGE NAIC N INSURERA: Arch Insurance Company INSURED 9 F Green ole tru •one,LLC INSURERS: Stan'Indemnity&Liability Company allaS 3 INSURER 0: -INSURER 0: INSURER E INSURER F: COVERAGES 1 E NUMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLI IES INSu STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF Y C ACT OT R DOC WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU CT T THE S,E l IONS D CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE S Vo POUCYNUMBER (POLICY FFF POLICY EAP LIMITS MMIDDIYYYY) (MMIDDIYYYY) A GENERAL UABILITY Per Claim/Occ $ 2,000,000 General Agg $ 4,000,000 X COMMERCIAL GENERAL UABILITY Prod&Comp Opp Agg $ 4,000,000 CLAIMS-MADE Q OCCUR Personal&Adv.Injury $ 2,000,000 41 PP23 10/26/2011 04/06/2013 Fire Damage $ 100,000 Medical Expense $ 10,000 i AGGREGATE LIMIT APPUES PER: PRO- POLICY JECT LOG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS B UMBRELLA UAB X I OCCUR PerClaim/Occ $ 20,000,000 EXCESS UAB CLAIMS-MADE SISCCCL01 10/261 1 04106/2013 Aggregate $ 20,000,000 DIED I I RETENTION$ WORKERS COMPENSATION TORY LIAMtTS OER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIV r'" OFFICERIMEMBER EXCLUDED? � NIA (Mandatory In NH) If yes,d.eAb"under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Add(donal Remarks Schedule,N rnae apace i 4ul!- CF Jordan Construction,LLC-Contractor Controlled Insurance Program(CCIP) Designated Project Site:Project#11062 The Lancaster—2920 W.Lancaster and 1020 Currie Street,Fort Worth Texas 6102 Coverages and limits noted above are the total limits provided while working at this project site.Coverage is provided fo nsite w only. Lancaster Properties,LLC is additional named insured under the General liability and Excess Liability. General Liability an cess L' ity' ude P ucts/Completed Operations Extension for a period of Ten(10)Years. This Certificate does not evidence the po6cy terms and conditions. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE AB E E BED IICIES BE CANCELLED Lancaster Properties,LLC BEFORE THE EXPIRATION DAT TH EOF, IC L BE DELIVERED IN ACCORDANCE WITH THE POLICY ROVIS 428 West Davis Street Studio 4 Dallas TX 75243 J,C�J AUTHORIZED REPRESENTATIVE � �C�'+`' EXHIBIT B Page 21 of 21 RY UISE GARCIA 'oovNjy� C CLERK 100 West Weatherford Fort Worth,TX 76196-0401 '`'• •'`' PHONE(817)884-1195 C T 0F O H 10 MO T DEVE P FT WO 761 Submitter: CITY O F R WORTH EVE P T PLANNIN D T STROY WARNING - THIS / A OF THE OFFICIAL RECORD. Filed For Registration: 12/9/2011 11: M Instrument#: D2112974 A 21 S $92.00 By: D211297463 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESC D RO ERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER E LA I Prepared by: AKCHRISTIAN Page 1 of 5 . CITY 9ECC TARY CONTRA AMENDMENT TO CITY SECRETARY CONTRACT NO.42575 ENCROACHMENT AGREEMENT AMENDMENT TO CITY SECRETARY CONTRACT NO. 42575, RQA� ENT AGREEMENT is made and entered into by and between the CITY OF F R , a nicipal corporation of Tarrant County, Texas, acting herein by and throu it U1 a Assistant City Manager or duly designated Director, hereinafter referre t s t "Ci LANCASTER PROPERTIES, LLC, acting herein by and through its ly 0 * e resentative hereinafter referred to as"Grantee". RECITALS WHEREAS, f F Worth ("City") and Grantee made and entered into City Secretary Contract No. 4 7 " ree ent") to authorize the use of public right of way for the construction of various impr egret o b to e at 2720 West Lancaster Avenue, Fort Worth, Texas 76107;and WHEREAS, the Agreement contains a I' of the v ious improvements and exhibits that depict the construction of the various impro me ,and WHEREAS, it advisable to execute is en en to the Agreement to revise the Agreement to add a blade sign on Lancaster A nu the description of improvements and exhibits of the improvements encroaching in to the pu of way. NOW THEREFORE, City and Grantee, acting her ' b o their duly authorized representatives,enter into the following that amends the Agreeme t: 1. Section 1 is hereby amended to add a blade sign to the list of impro 2 e um ated and hereby added to Exhibit A is Exhibit A.1 attached hereto and incorporated he ei o th ent. Q 2. CSC No.42575 ROW Encroachment Amendment Page( 3 12-20-12 P12':07 IN Page 2 of 5 All other provisions of the Agreement which are not expressly amended herein shall remain fu force and effect. UTED on this the>J"- day of 2012. 6) CI R Director-Planni elop ent Approved as to For and e :0 A by: Melinda Ramos a ity Secretary Assistant City Attorne .00' i- mZ93 V 00000000 p LANCAS R P DES,L C AMCg° By: Lang n L �o $x By: 0 .0 bo Q, Printed Nam :John Dirik Oudt 0 o�o.0.00 a Title: Presid t �' a�'• lit�.4 oo. CSC No.42575 ROW Encroachment Amendment Page 2 3 Page 3 of 5 E T XAS § C A T § V,a-2) O e undersi ed authority, a Notary Public in and for the State of Texas, on t ' da e ppeared "' �, known to me to be the person whose name is sub e o t foregoing instrument, and acknowledged to me that he/she executed the same for th pu an onsideration therein expressed, as the act and deed of the CITY OF FORT WO , an he apacity therein stated. GIV E D AND SEAL OF OFFICE this cday of Notary Public Stat _� ... R.G.NAREZ �} r+° Notary Public,state of Texas Pay Commission Expires STATE OF TEXAS § Sep>ember 10,tot s COUNTY OF TARRANT § BEFORE ME, the undersigned a rit , a of ry Public in and for the State of Texas, on this day personally appeared John D ik t, f Lancaster Properties, LLC., known to me to be the person whose name is s sc ' o t foregoing instrument, and acknowledged to me that he/she executed the same for e p es and consideration therein expressed, as the act and deed of Lancaster Properties, L , an d ' e capacity therein stated. GIVEN UNDER MY HAND AND SEAL O E 's day of 2012. LUPITAA. RAMIREZ Notary Public,State of Texas yT. My Commission Expires O r ate O e S April 02, 2016 CSC No.42575 ROW Encroachment Amendment Page 3 3 ' Page 4 of 5 _- - — Z MATCH LINE-See Sheet 1-1.02 Ila I POOL b L - I H - 3'-6° 2'-2" b � - (3-6 I I m 4 W1 cDq L— _ I 0. I b j I - - - - - -v -o -0 cn cn y •< � I o � � -u z ---i m ( I I 000 Dm I cn m bob z O n m z _ � =i C7 cn C7 0 CO m m — _ ZOO � >' � mom Zo � z r cn > cn iz -- - - - - -- M -+ z p m 0 1 14'-6" d � v ciGD OO 6 1 CD � D � O = OD z m =� n I m Oz 0 D N N � O n N tit) e -- — < Zl cn iD I 00 tQ o O :I s 4.6 00 Ci N M 9'-6" cn O fn o (n 0 9 0 cn -0 -D -0_r'p G� O d m �p � cm � � "- � � DXzX . D � � z zr= mZO- o ZO - o � o-m0o -i0 -- mz p pm .. -o ) � -0 0 -u -• -n gm - M cn p- —�— — a, 0' -u O CURRIE ST O O cn 0 � O CO O co o0 > 0 O S m� m z � m O m � m L v W c -+ o o 0 o -� 0- p o V O co z- N-OHE– — –OHE –OME E– (7. -0 z m - - - m0 � w ¢ mO 0Q z � Oz` FJ m - - � m ovm� D cn0 � � _ -n N o m z r z E LANCASTER NORTH K 2920 North Bledsoe Street T iv iv Fort Worth, Texas NON 0o s o EXHIBIT A.1 Page 5 of 5 RY UISE GARCIA .•••••-. C CLERK •i 100 West Weatherford Fort Worth,TX 76196-0401 •`•��' " •'`a+ PHONE(817)884-1195 C Y F QR 100 C ST FT W T X 610 Submitter: CITY OF O WORTH DE E O N PLANNI _ TROY WARNING - THIS T F THE OFFICIAL RECORD. Filed For Registration: 12/2112012 1:10 P Instrument#: D21231267 A GS $28.00 By: D212312679 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DES R AL ERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UND DE W. Prepared by: VDBOUNDS