Loading...
HomeMy WebLinkAboutContract 47049 My SEUETN, CONTRACT NC y , , ''EASEMENT ENCROACHMENT LICENSE AGREEMENT ` Commercial T41S 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 Planning and Development Director, and LG CentrePort 1, LLC, hereinafter referred to as "Licensee", owner of the property located at 14105 Trinity Boulevard, Fort Worth, TX 76155 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as a 12.082 acre tract of land situated in the Vincent J. Hutton Survey, Abstract No. 681, Tarrant County, Texas and being portions of Trinity Boulevard(a 120 foot R.0.W.), CentrePort Drive (a variable width R.0.W) and fixture Breezewood Drive (a 60 foot R.0.W.), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in County Clerks Document No. D215048411 or Volume and Page No. 2008 /Page 243 and Volume 2037,Page 567 of the Real Property records of Tarrant County("Property"); and WHEREAS, the City has a 30 foot wide drainage easement (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain a 15' wide metal gate which will be used as a perimeter gate (the "Encroachment") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the Encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A for the purpose of maintaining a perimeter gate (the "Enc ­ach, nl") Upon„completion of the �;1�� ��A��u'�°�1���L 6��'EIl, � 2014 Easement Encroachment Agreement-Commercial � Page 1 of 9 a,im ," " Encroachment, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the Director. However, such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee,but City will make reasonable efforts to minimize such damage. 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 the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public 2014 Easement Encroachment Agreement-Commercial Page 2 of 9 Works or the Director of the Water Department of the City, or his duly authorized representative. 4. 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 to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty Five Dollars ($325.00). 5. The term of this Agreement shall be for thirty(30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is further understood and agreed upon between the parties hereto that the easements to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the easement as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 2014 Easement Encroachment Agreement-Commercial Page 3 of 9 7. 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 8. 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 located and described in Exhibit "A". The amounts of such insurance shall be not less than the following: $1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such 2014 Easement Encroachment Agreement-Commercial Page 4 of 9 Certificate of Insurance is attached as attached as Exhibit "B". 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 Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees' contractors. 9. 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 Encroachment on Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 10. 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 said Encroachment and uses. 11. 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. 2014 Easement Encroachment Agreement-Commercial Page 5 of 9 12. 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. 13. 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 described Easement and is not a conveyance of any right, title or interest in or to the Easement 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 permission before occupying such property. 14. 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 attorney's fees. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 2014 Easement Encroachment Agreement-Commercial Page 6 of 9 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City Planning and Development Director, and any attempted assignment without such written approval should be void. 17. 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. 18. This agreement shall be binding upon the parties hereto, their successors and assigns. r EXECUTED thise.:: day of 2 City Licensee: City of Fort Wo LG CentrePort 1,LLC By: By: Randle arw od, Director Name: ,� r ✓� � s ,, Planning and Development Title: �{ / ,L--jZ, VF ATTEST: ®� r,. Approved As To Form and Legality �C6 City Sea � o Assistant City Attorney 2014 Easement Encroachment Agreement-Commercial O FI IA 1. Page 7 of 9 �RY 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of � 20 �umuiiiouw umu .wrw ry wpm eao imou iu m.... mmm um�r . vt4r G"� "J 171`:br l �W1V; q Ap,ik� r(N"t 2N, ota Public in and for the State of Tex wuwWWpmiwouWwlwmiiwwWtiWWV9iwimiuOwiuNUmmwomUWioivuuva,V Wmua!WWWWwuuw!WIWiWiii....%..w!...... o ry as 2014 Easement Encroachment Agreement-Commercial Page 8 of 9 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 Fernando De Leon, Chief Executive Officer, 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 LG CentrePort 1, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of II�II�� 0� a°fl"`WIUWUW I OmI 0 u IIII0II Ia I III.II011.�I lllllll1.Wl.. SARAH FOWER tt cornrnisqion Exp4es August 18, 201 N° ota ry Public in and for the ow State of Texas 2014 Easement Encroachment Agreement-Commercial Page 9 of 9 Exhibit A The City has a 30 foot wide drainage easement and a 40 foot wide sanitary sewer easement in the property as shown on the following page. LG CentrePort I, LLC plans to construct a 15 foot wide metal gate at each easement crossing (5 access points) allowing the City of Fort Worth access to the easement at any and all times. X1`41U0M1Jo-1 R jejideo uoal Ueld al!S Ilan}oalNON Al;jodaj;ua� °m'� �' �su d oz LIMMdOU z w >w ¢ n.5 W Z z N z ag w�z �, Cc LU IM w n w W yw¢ w''o °gym i-° o — Ud S t� ~> w °m z dWZ Q w� z i(�Z¢w¢00 OwN Oj O g N95 i wz z w ms>6WI.CM E3:,. w�4 a oil ° m 6 ~u°o ° zw W o�x � F� „o Wa Ix LU O iP � �•� I °tea A � H " _ _- II P , ° SyM '-: - I i G 'If /Q / p W a a Cq my c� 20 _ s d -�F -"�' g I Rai Jill JO �Nw 3nV EIN10109 % z X30 cr I f OO m of 9 ( �I. � I SAM Z .2 4 _ 1 _ n . II lt•�k I a�#��a r Up Xl`uuoM IJod oN $ r lej!deo uoal !!elan ue!d al!S $ h R Al podequaa =4 g m WS V.twxd OZSLtB5Bft1d9V3 6 'oar Asa ow� o�z .E- 14 YO,- Aga of H glIo 3 I z a�o wg F Bw� �<5 o' 5g 9� 5gy 3z °o 8a!° NP mm¢ f aH o w� G Y gOa 8m 'Saved �� s3 mows m m3 w o� III III... S6 r _ =III=11= I IIG e o� oo. w I Via€ l�II�II IFLU_ ' Aus �g3 Pon $$ I z o "�� Us a o3m m g�° oaf a�� m g m g mo m = m =z gwa w> o ¢ z <o= X30 rg u` C `Qi3 z°Q °m °a¢ o1 o on H mlll—iU__ a 2 goo gn l —III-III-1_I I I II�II'— t�a Asa N x�c ss�'s gp AC0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 9/21/2015 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: Hotchkiss Insurance Agency, LLC PHONE 972-512-7700 FAx 4120 International Parkway A c ° Carrollton TX 75007 AEbmA,'Ess,dallascerts @hiallc.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B: LG Capital, LLC INSURER C: Leon Capital Group, LLC dba Leon Capital Group 2301 Cedar Springs,Suite 200 INSURER D: Dallas TX 75201 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1075678207 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. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY • X COMMERCIAL GENERAL LIABILITY BCS0032467 10/31/2014 10/31/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO REND TE CLAIMS-MADE X OCCUR PREMISES RENTED PREMISES $100,000 X $5k Deductible MED EXP(Any one person) $0 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F—I JECT PRO [X]LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ • AUTOMOBILE LIABILITY BCS0032467 10/31/2014 10/31/2015 Ea COMBINED $1,000,000 ANY AUTO BODILY INJURY(Per person) $ AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident • X UMBRELLA LIAB X OCCUR XLS0095004 10/31/2014 10/31/2015 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X I RETENTION$10,000 $ WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I ER ANY PROPRIETOR/PARTNEWEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy includes additional insured endorsement,{Form CG2037 04/131 that provides additional insured status for completed operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes additional insured endorsement,{Form CG2033 04/13}that provides additional insured status for ongoing operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A0)?L> ADDITIONAL REMARKS SCHEDULE Pagel of 3 AGENCY NAMEDINSURED Hotchkiss Insurance Agency,LLC LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group POLICY NUMBER 2301 Cedar Springs,Suite 200 Dallas TX 75201 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE requires such status. The General Liability policy includes additional insured endorsement,{Form CG2018 04/13)that provides additional insured status for ongoing operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a special endorsement with Primary and Noncontributory wording,{Form CG2001 04/13). The General Liability policy includes a special endorsement providing Waiver of Subrogation status,{Form CG2404 05/09). All policies include verbiage providing 30 days notice of cancellation to the first named insured,except for 10 days notice for nonpayment of premium. NAMED INSURED SCHEDULE INCLUDES: -LG Preston Campbell,LLC -LG MacArthur 161,LLC -LG 19&Mango, LLC -LG 5001 Waco, LLC -LG Denton 377, LLC -LG SR 70&30th, LLC -LG Albuquerque BWW, LLC -LG Buckner EZ, LLC -LG FM 423&ElDorado, LLC -LG Hickory Tree, LLC -LG Block 365,LLC -LG Plano Belt Line, LLC -LG Camelot, LLC -Oak Grove Acquisitions, LLC -LG 7-Eleven Dunn,LLC -LG Cooper Station, LLC -LG Norman Campus, LLC -LG Roanoke, LLC -LG Alamo Culebra, LLC -LG Alamo Ranch INO, LLC -LG Edgebrook, LLC -LG Alta Mesa, LLC -Leon Capital Partners, LLC -LG 75 Campbell, LLC -LG Valley Mills 35, LLC -LG NW Hwy, LLC -LG Sherwood,LLC -LG Sun Valley, LLC -LG Amarillo, LLC -LG Hampton SE, LLC -LG Elkhart, LLC -LG Waters Sheldon, LLC -LG San Angelo Bluffs, LLC -LG Operating Company, LLC -LG Willowbrook 1960, LLC -LG Potranco Canes, LLC -LG EZP Eagle Pass, LLC -LG Bandera Woodlawn, LLC -LG Sul Ross Land,LLC -LG Semoran LaCosta,LLC -LG Midland Deauville, LLC -LCG Buckner Commons, LLC -Nolana Corner, LLC -LG Stonehurst Buckner, LLC -LG McDermott 75, LLC -LG Colleyville, LLC -LG Cicero BOA LLC ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACCIR 0 ADDITIONAL REMARKS SCHEDULE Page of 3 AGENCY NAMED INSURED Hotchkiss Insurance Agency, LLC LG Capital, LLC Leon Capital Group, LLC dba Leon Capital Group POLICYNUMBER 2301 Cedar Springs, Suite 200 Dallas TX 75201 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE -LCG Windhaven, LLC -LG El Dorado Tollway, LLC -LG Sharpstown Bellaire, LLC -LG Alkire Littleton FCER,LLC -LG Sunset Angelo, LLC -LG Acquisitions, LLC -LG Richmond FCER, LLC -LG Wylie FCER, LLC -LG Aurora FCER, LLC LG Lebanon&Tollway,LLC -LG Wheatland&Hampton, LLC -LG GTB&Main,LLC -LG Highway 30 Greenville, LLC -LG Dothan, LLC -LG Potranco FCER, LLC -LG North Tarrant&Park Vista, LLC -LG McCart&Sycamore FCER, LLC -LG Cary Walnut, LLC -LG BOA Tulsa, LLC LG Virginia&Custer, LLC -LG Gatlin& Import, LLC -LG Apopka&435, LLC -LG WB,LLC -LG Northern Custer Parkway, LLC -FRC CEC Toledo OH, LLC -LG Hwy 301 &Sun City, LLC -LG CentrePort 1, LLC -LG Frisco 121 &Legacy, LLC -LG Seminole& Ulmerton,LLC -LG Lemmon Oak Grove, LLC -LG Ella 610, LLC -LG Tulsa 71st, LLC -LG SH 114&135, LLC -LG Military Drive, LLC -LG San Marcos Canes, LLC -LG Pleasant Run& 135, LLC -LG Summer Valley Owner, LLC -LG Westheimer&Tanglewilde, LLC -LG Wichita Street, LLC -LG Zeno Road and Haddon Hall, LLC -LG West 7th Street, LLC -LG Inwood AAP,LLC -LG Weatherford, LLC -LG Memorial&101st, LLC -Horizon Special Projects, LLC -LG Hall Oak Grove, LLC -LG Abrams&Forest, LLC -LG Schertz, LLC -LCG TP Hwy 45,LLC -LG 4th Street and Frankford,LLC -LG Mainstreet&Parker, LLC -LG Capital Circle&W Tennessee,LLC -LG Walnut Square, LLC -LG Dothan,LLC -LCG Custer Eldorado, LLC -LG Lockhart, LLC -LG Spring Creek&Headquarters, LLC -LG 5408 Broadway, LLC -LCG Highway 80, LLC -LG Wichita Street, LLC -LG Sheldon&Linebau h LLC ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A R" ADDITIONAL REMARKS SCHEDULE Page of 3 AGENCY NAMED INSURED Hotchkiss Insurance Agency, LLC LG Capital,LLC Leon Capital Group, LLC dba Leon Capital Group POLICY NUMBER 2301 Cedar Springs,Suite 200 Dallas TX 75201 CARRIER 7IC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE -LCG Custer Eldorado II, LLC -LG Centerville&NW Hwy, LLC -LG Fairmont and Lily Street, LLC -LG Northwest Mopac,LLC -LG Sunset Lake, LLC -LG Lancaster, LLC -LG Denton 380 Hwy,LLC -LG Round Rock Storage, LLC -LG Lakeway Storage, LLC RE: LG CentrePort 1, LLC/12 Acres of Real Estate Development Land Located at the Corner of Trinity Blvd.and Centreport Drive/Ft. Worth,TX 76155 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:BCS 0 0 3 2 46 7 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy POLICY NUMBER:BCS 0 0 3 2 4 6 7 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 WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information recluired 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 O Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Insured Copy COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications;or in the performance of your ongoing operations for the additional insured. b. Supervisory, inspection, architectural or engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law;and in the supervision, hiring, employment, training or 2. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily injury" or provide for such additional insured. "property damage", or the offense which caused the "personal and advertising injury", involved the A person's or organization's status as an rendering of or the failure to render any additional insured under this endorsement ends professional architectural, engineering or when your operations for that additional insured surveying services. are completed. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Insured Copy 2. 'Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III —Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or b. That portion of "your work"out of which the 2. Available under the applicable Limits of Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 C Insurance Services Office, Inc., 2012 CG 20 33 0413 Insured Copy COMMERCIAL GENERAL LIABILITY CG 20 0104 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 COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 0104 13 Q Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy POLICY NUMBER:BCS 0 0 3 2 4 6 7 COMMERCIAL GENERAL LIABILITY CG 20 18 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organization(s) Designation Of Premises ANY PERSON OR ORGANIZATION PER SCHEDULE OF LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to C. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to their liability as mortgagee, If coverage provided to the additional insured is assignee, or receiver and arising out of the required by a contract or agreement, the most we ownership, maintenance, or use of the premises will pay on behalf of the additional insured is the by you and shown in the Schedule. amount of insurance: However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted by Insurance shown in the Declarations; law;and 2. If coverage provided to the additional insured whichever is less. is required by a contract or agreement, the This endorsement shall not increase the insurance afforded to such additional insured applicable Limits of Insurance shown in the will not be broader than that which you are Declarations. required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. CG 2018 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy