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Ord 799 Approving a Right of Way License agreement for fireline on Sam School Road TOWN OF WESTLAKE ORDINANCE NO. 799 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A RIGHT-OF-WAY LICENSE AGREEMENT WITH BRE SOLANA, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRE"), THE BOY SCOUTS OF AMERICA, A NON-PROFIT CORPORATION CHARTERED BY AN ACT OF THE UNITED STATES CONGRESS ON JUNE 15, 1916 (THE "BSA") HMC SOLANA, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("HMC"), FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF AN EXISTING FIRE LINE IN THE SAM SCHOOL ROAD RIGHT OF WAY. WHEREAS, the Town owns and/or controls and regulates public street and alley rights- of-way and public utility easements within the boundaries of the Town of Westlake; including the public street and alley right-of-way and public utility easements shown on the License Agreement; WHEREAS, Facilities have been installed and currently exists in the right-of-way as shown on Exhibit"A;" (the "Sam School Road Right-of-Way"); WHEREAS, the Facilities were not installed by the current Licensees, but the current Licensee wishes to obtain a License for the Facilities located in the right-of-way; WHEREAS, the Town Council finds that the existing fire line in the Sam School Road right-of-way poses no significant increase in hazard to citizens or motorists; and WHEREAS, the current Licensees is endeavoring to remedy a situation in which Facilities are in the right-of-way without permission; WHEREAS, the ongoing operation of Licensees' Facilities in the public rights-of-way, including any future maintenance, will be performed in a mamier consistent with all applicable Town ordinances and any other applicable regulations; and WHEREAS, the Town Council is willing to grant Licensees a non-exclusive license to maintain, operate, and repair its fire suppression system, subject to the requirements of this License Agreement and the rights granted to Licensees herein, and pursuant to permits issued by the Town; WHEREAS, any future installation or construction will require an amendment to this License Agreement and said License Agreement is solely for the Facilities currently existing in the right-of-way; WHEREAS, the Town Council finds that the License Agreement is consistent with state law and Town ordinances which reserves "a municipality's historical right to control and receive Ordinance 799 Page t of 2 reasonable compensation for access to the municipality's public streets, alleys, or rights-of-way or to other public property"; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approves the Right-of-Way License Agreement, attached as Attachment A, to allow BRE Solana, LLC, a Delaware limited liability company ("BRE"), The Boy Scouts of America, a non-profit corporation chartered by an Act of the United States Congress on June 15, 1916 (the "BSA") HMC Solana, LLC, a Delaware limited liability company ("HMC") to install, maintain and operate the existing fire line within the Town of Westlake right of way on Sam School Road, as depicted in the Right-of-Way License Agreement, as attached hereto and incorporated herein. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to sign the Right-of-Way License Agreement on behalf of the Town of Westlake. SECTION 4: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Ordinance without the invalid provision. SECTION 5: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19TH DAY OF SEPTEMBER 2416. ATTEST: Laura L. Wheat, Mayor C01111 of Kelly Edwa s, Town Secretary Thomas E. Br To n Ma Y r� ger APPROVE A TO Fps ESQ L t ton Lo y, n A rney411 , ` 1 rEx Ordinance 799 Page 2 of 2 LICENSE AGREEMENT THIS AGREEMENT ("License Agreement") is made and entered into as of this 19`h day of September, 2016, (the "Passage Date") by and between the Town of Westlake, a municipal corporation of the State of Texas with its principal offices located at 1301 Solana Street, Building 4, Suite 4202, Westlake, TX 76262 "Licensor"or the"Town")and BRE Solana,LLC, a Delaware limited liability company("BRE"),The Boy Scouts of America,a non-profit corporation chartered by an Act of the United States Congress on June 15, 1916 (the "BSA") HMC Solana, LLC, a Delaware limited liability company ("HMC") (for purposes of this License, collectively, the "Licensees"), each referred to as a "Party" or jointly as the "Parties" and each of which accepts joint and several responsibility and liability for the terms of this License. RECITALS WHEREAS, the Town owns and/or controls and regulates public street and alley rights- of-way and public utility easements within the boundaries of the Town of Westlake; including the public street and alley right-of-way and public utility easements shown on Exhibit "A" attached hereto); WHEREAS, Facilities have been installed and currently exists in the right-of-way as shown on Exhibit"A;" (the "Sam School Road Right-of-Way"); WHEREAS, the Facilities were not installed by the current Licensees, but the current Licensee wishes to obtain a License for the Facilities located in the right-of-way; WHEREAS,the current Licensees is endeavoring to remedy a situation in which Facilities are in the right-of-way without permission; WHEREAS, the ongoing operation of Licensees' Facilities in the public rights-of-way, including any future maintenance, will be performed in a manner consistent with all applicable Town ordinances and any other applicable regulations; and WHEREAS, the Town is willing to grant Licensees a non-exclusive license to maintain, operate, and repair its fire suppression system, subject to the requirements of this License Agreement and the rights granted to Licensees herein,and pursuant to permits issued by the Town; WHEREAS, any future installation or construction will require an amendment to this License Agreement and said License Agreement is solely for the Facilities currently existing in the right-of-way; WHEREAS, the License Agreement is consistent with state law and Town ordinances which reserves "a municipality's historical right to control and receive reasonable compensation for access to the municipality's public streets, alleys,or rights-of-way or to other public property"; and Ordinance 799 Page I of 24 WHEREAS,the Town hereby sets forth rights,duties and obligations of the parties in this License Agreement. NOW,THEREFORE,FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN SET FORTH,IT IS AGREED BY THE PARTIES AS FOLLOWS: ARTICLE 1 DEFINITIONS As used herein, the following terms shall have the following meanings. When not inconsistent with the context,words used in the present tense include the future, words in the plural number include the singular number, and words in the singular include the plural. The word"shall"is always mandatory and not merely permissive. "BRE"means BRE Solana, LLC, a Delaware limited liability company "BSA"means the Boy Scouts of America, a non-profit corporation chartered by an Act of the United States Congress on June 15, 1916 "Director" means Licensor's Director of Public Works - Town of Westlake. "Effective Date" shall be the Passage Date. "Facility" or "Facilities" shall mean the fire protection water line system that serves the property owned by Licensees, which in addition to the water line, without limitation includes the power fault and running signals that are transmitted to the fire alarm control panel. "Facilities Management" means locating, constructing, repairing, relocating, replacing, maintaining, using or operating the Facilities. '*HMC"means HMC Solana, LLC, a Delaware limited liability company "Lead Licensee" means HMC Solana, LLC, a Delaware limited liability company. "Licensed Areas" means the portions of the Rights-of-Way in which Facilities are currently constructed and installed, as depicted and described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes. "Right-of-Way" or "Rights-of-Way" or "Public Rights-of-Way" means the surface of, air space above, and space below, the street or road currently known as Sam School Road and associated right-of way. "Sam School Road Right-of-Way" means the right-of-way as shown on Exhibit "A." "Third Party"means any person or entity that is not a Party. Ordinance 799 Page 2 of 24 "Town"shall mean the Town of Westlake, including the Town Council,Town Employees and any other agents, contractors or authorized representatives of the Town of Westlake. ARTICLE 2 GRANT OF LICENSE AND OTHER PERMISSION 2.1 Grant of License. The Town hereby grants Licensees a non-exclusive license to use and occupy only that portion of the Sam School Road Rights-of-Way as shown in Exhibit "A," for Facilities Management, subject to the laws of the State of Texas and the Town's laws as they exist now or may be amended from time to time and subject to the conditions outlined in this License Agreement. 2.2 Non-Exclusivity. The Licensees' right to use and occupy the Public Rights-of-Way shall not be exclusive and the Town reserves the right to grant a similar use of same to itself or any person or entity at any time during the period of this License Agreement. 2.3 Limitations of License. The Licensees shall not have the ability to expand its Facilities within the Rights-of-Way beyond the Facilities depicted in Exhibit"A". Any additions,new construction or expansions of the Licensees' Facilities beyond that shown in Exhibit "A" shall require the approval of an amendment or supplement to this License Agreement by the Town Council. This License Agreement only allows the Facilities to be in the Sam School Road right-of-way as shown on Exhibit "A" and only authorizes Licensees to perform Facilities Management, in accordance with the Town's Construction in Right-of-Way Ordinance and the Town's Engineering Design Criteria and Construction Standards Manual, and as such ordinances and standards may hereafter be amended. 2.4 Priorities. Consistent with the Town's Construction in Right-of-Way Ordinance and the Town's Engineering Design Criteria and Construction Standards Manual,as amended,the Director shall assign priorities among competing private uses of the Public Right-of-Way according to the order completed permit applications are received. 2.5 Waiver of claims. In consideration for the rights granted under this License Agreement, Licensees waive all claims, demands, causes of action, and rights it may assert against the Town including but not limited to any loss,damage,or injury to any equipment or any loss or degradation of services not caused solely by the Town, and excluding any loss, damage, or injury arising out of the gross negligence or intentional misconduct of the Town (unless the damage or loss was caused during removal upon abandonment). 2.6 Permitted Use. Licensees shall use the Facilities in the Licensed Areas solely for the purposes granted in this License Agreement of operating the Facilities and performing Facilities Management. 2.7 No Right to Occupy Other Property. This License Agreement only concerns the right to use the Right-of-Way. This License does not grant any permission or authority to enter property owned by a private entity or to use other municipal property. Ordinance 799 Page 3 of 24 2.8 Limitations of Scope. All uses of the Licensed Areas not described herein are prohibited. 2.9 Conflicts. In case of conflict between this License and the Construction in Right-of-Way ordinance, the Construction in Right-of-Way ordinance shall prevail. 2.10 Dimensions Limited As Shown. Licensees' Facilities will not exceed the dimensions shown on Exhibit"A"and will not be located in another location other than the location shown on Exhibit «A" 2.11 Requirement to Locate. Each location shall be marked as required by state law and shall be located upon request. 2.12 Coordination of Work. All work shall be coordinated with the Town's Public Works Department. 2.13 Work Standards. Any future Facilities Management shall be completed in a safe manner, meeting all Codes and other applicable governmental requirements and in a manner that will not interfere with the use of the streets or sidewalk by the travelling public. ARTICLE 3 TERM 3.1 Term. The term of this License Agreement shall commence upon execution by both parties and, unless earlier terminated pursuant to any provision hereof, shall continue until the Facilities cease to be used or are abandoned by Licensee. 3.2 Abandonment. If the Licensees cease to utilize the Facilities or if the Licensees refuse to respond to the Town concerning issues involving the Facilities, including but not limited to any needed relocation or repair of said Facilities, the Town will provide Licensees a notice of termination which shall provide that this License Agreement will terminate in ninety(90)calendar days from receipt of such notice if Licensee or Licensees do not provide a written response to said notice prior to the expiration of the ninety(90)calendar days. If no such response is received from Licensee, the Town may consider this License Agreement to be terminated and Licensee shall be deemed to have abandoned said facilities. The Town shall have the right to file a termination of this License Agreement in the public records of Tarrant County, Texas, and may provide a copy to Licensees; provided however,that this License Agreement shall be deemed to be terminated in such case, regardless of whether or not the Town files the termination in the deed records or delivers a copy to the Licensee(s). Ordinance 799 Page 4 of 24 ARTICLE 4 ABANDONMENT OF FIRE SUPPRESSION SYSTEM FACILITIES 4.1 Process of Abandonment. Whenever Licensees intend to abandon any of its Facilities within the Right-of-Way, it shall submit to the Town Manager an application describing the Facilities it proposes to be abandoned and the date of the proposed abandonment. The Town may require Licensees, at Licensees' expense: (a) to remove the Facilities from the Public Right-of-Way; or (b) to modify the Facilities in order to protect the public health and safety or otherwise serve the public interest. If the Licensees fail to respond to the Town's request to remove or modify the Facilities within sixty (60) days, the Facilities proposed to be abandoned shall upon the sole election and determination of the Town be considered the property of the Town and subject to the Town's use, modification, demolition, removal or conveyance without any further compensation or benefit therefor being provided to Licensee.If Town determines that any Facilities so abandoned must be demolished, modified and/or removed to protect the public health and safety or otherwise serve the public interest then Licensee shall be responsible for and liable to the Town for any and all costs associated with such demolition, modification and/or removal. 4.2 Ownership of Abandoned Facilities. The Facilities or any portion thereof abandoned by Licensees shall be considered the property of the Town. 4.3 Third Party Facilities. Notwithstanding the foregoing, Licensees shall have no obligation to remove any facilities owned by a Third Party. 4.4 Costs of Abandonment. If Licensees abandon any Facilities in place pursuant to this section, Licensees shall remain responsible for any such facilities, only to the extent that Licensees are responsible for any damages or claims. Notwithstanding the provisions in section 4.1, at no time and under no circumstances shall Town be deemed the responsible party for any property abandoned in place by Licensee. ARTICLE 5 FEES AND PAYMENTS The Town finds that the services provided by the Facilities aid and assist in fire suppression for the Town which is a benefit to the Town, its citizens,its business and its visitors,and that the Town is benefited and compensated for the use of the Sam School Road right-of-way through the public purpose of aiding and assisting in fire suppression. ARTICLE 6 LIMITED RIGHTS/SUBORDINATE USE 6.1 Limitation on License. This License Agreement is intended to convey limited rights and interests as set forth herein only as to those locations specifically identified in the attached Exhibit "A"in which the Town has an actual interest. It is not a warranty of title or interest in any Rights- of-Way; and it does not confer rights other than as expressly provided herein,or as provided in the Town's charter, ordinances, enabling legislation or permits. This License Agreement does not Ordinance 799 Page 5 of 24 deprive the Town of any powers, rights or privileges it now has, or may later acquire in the future, to use,perform work on or to regulate the use of and to control public Rights-of-Way. 6.2 Continuance of Existing,Uses. Licensee's use of the public Rights-of-Way is subject to the existing uses and prior and continuing right of the Town to use the specified Rights-of-Way for municipal purposes. ARTICLE 7 BREACH AND DEFAULT 7.1 Defaults Specific to Licensee. Licensees shall comply with the terms and provisions of this License Agreement and shall cause all persons using the Licensed Areas under the authority granted to Licensees by this License Agreement to do the same. Licensees' failure to do so shall be a material breach by Licensees of this License Agreement. The Licensees shall not be excused from complying with any of the terms and conditions of this License Agreement by the previous failure of the Town to insist upon or seek compliance with such terms and conditions. This entire License Agreement is made upon the condition that each and every one of the following events shall be deemed an "Event of Default" by Licensee of Licensee's material obligations under this License Agreement: a. Licensees fail to maintain any insurance required by this License Agreement. Notwithstanding the preceding sentence, such failure shall not be a material breach if within ten (10) business days after written notice from Town, Licensees provide to Town the required insurance and the required evidence thereof. Such insurance must apply retroactively so that there is no gap in the insurance coverage required by this License Agreement. b. Licensee fails to obtain or maintain any licenses, permits, or other governmental approvals pertaining to the use of the Rights-of-Way, or any bond required under this License Agreement or timely pay any taxes pertaining to the Rights-of-Way and does not cure such failure within thirty (30) days. 7.2 Default by Licensor or Licensees. This entire License Agreement is made upon the condition that either Party shall be deemed to have committed an Event of Default if either of them shall fail to or neglect to timely and completely do or perform or observe any provisions contained herein and such failure or neglect shall continue for a period of thirty (30) days after the Party in default has been notified in writing of such failure or neglect, unless some other time period is provided for a specific section.. The defaulting Party will take immediate corrective action to eliminate any such conditions(s) and will confirm in writing to the non-defaulting Party within thirty (30) days following receipt of written notice that the cited condition(s) has ceased or been corrected. Any condition which cannot be corrected within such thirty (30) day period will not be considered an Event of Default so long as the defaulting Party diligently proceeds to correct such condition upon receipt of notice from the non-defaulting Party. 7.3 Remedies. Upon the occurrence of any Event of Default or at any time thereafter, Town or Licensees may, at its option and from time to time, exercise any or all or any combination of the following cumulative remedies in any order and repetitively: Ordinance 799 Page 6 of 24 a. Terminate this License Agreement; b. Assert, exercise or otherwise pursue any and all rights or remedies, legal or equitable, against the Party in default; or c. In the case of Town, unilaterally and without Licensees' or any other person's consent or approval,draw upon or obtain the value of any bond, in an amount sufficient to cure Licensees' Event of Default. 7.4 Force Majeure. Notwithstanding any other provision of this License Agreement, neither Party shall be liable for delay in the performance of, or failure to perform, any of its obligations hereunder if such delay or failure is due in whole or substantial part to any fire, flood, accident, explosion, strike, labor disturbance, war, insurrection, sabotage, terrorist act, condemnation, prohibition or expropriation by any government or governmental agency, delays attributable to encountering hazardous materials or historical relics, unavailability or shortage of materials, Acts of God, provided, however, that force majeure shall not excuse any failure, delay or refusal in making any payment when due. ARTICLE 8 NO ADVERSE IMPACT UPON OTHER AUTHORIZED USERS. 8.1 Non-Exclusive Use. Licensees recognize that its use of the Public Right-of-Way is non- exclusive with respect to utilities and other entities occupying such Right-of-Way, and that the Town specifically reserves the right to install, and permit others to install utility facilities in the Rights-of-Way. In permitting such work to be done by others, the Town shall not be liable to Licensee for any damage caused by those persons or entities. Licensee shall adhere to the rules regarding the respective rights of such utilities and other entities as established by state and federal law, the Westlake Code and Charter, including all International Codes, as adopted, and by commonly accepted industry codes regarding engineering,safety,and construction of right-of-way facilities. 8.2 Relocation or Removal of Facilities Required for Town Uses. Licensees shall be required to relocate facilities at its own cost if required to do so by Town due to a public works or other governmental use of the right-of-way. Subject to Article 7 herein, the Town shall have the authority at any time to order and require Licensee to remove and abate any Facilities that, as installed, are in violation of the Westlake Code. 8.3 Licensees Not to Affect Right-of-Way or Right-of-Way Installations. Except as permitted by applicable law or this License Agreement, Licensees shall not damage, remove or impair the use of any public Rights-of-Way or any other authorized facilities therein, including without limitation, streets, sidewalks, sanitary sewers, storm drains, water mains, gas mains, poles, overhead or underground wires or conduits without the prior written approval of the Town and of any other owner(s)of the affected property. Ordinance 799 Page 7 of 24 8.4 Licensees Not to Affect Other Right-of-Way Users. Licensees may not impede, obstruct or otherwise interfere with the installation, existence and operation of any other facility in the public Rights-of-Way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical infrastructure, cable television and telecommunication wires, public safety and Town networks, and other telecommunications, utility, or municipal property unless the owner(s)of the affected property expressly authorize Licensee's actions in writing or Licensee can show Town that such facilities have been abandoned. 8.5 Changes Required. If the Town requires Licensees to adapt or conform the Facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the Town, to use, or to use with greater convenience, any Right-of-Way, Licensees shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond or other security acceptable to Licensees, to reimburse Licensees for any loss or expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of Licensees' Facilities; provided, however, that the Town shall never be liable for such reimbursement. ARTICLE 9 CONSTRUCTION AND RESTORATION STANDARDS 9.1 Plan submission. Prior to the performance of any construction, invasive repair, removal, or replacement of the Facilities after the Effective Date, Licensees shall submit engineering plans to the Director for review and approval. The repairs or any other work done in the Right-of-Way for by the Licensees or agents shall be accomplished without cost or expense to the Town and shall be in accordance with the Town's Construction in Right-of-Way Ordinance and the Town's Engineering Design Criteria and Construction Standards Manual, as amended, and shall be accomplished in such manner as not to endanger persons or property or unreasonably obstruct access to, travel upon or other use of the specified public Rights-of-Way. 9.2 Pre-Construction Planning. Prior to beginning any excavation or boring project on Public Rights-of-Way,Licensees shall comply with the provisions of the Texas One Call Law and related requirements of its utility locator service at least forty-eight (48) hours in advance. Licensee has the responsibility to protect and support the various utility facilities of other providers during construction. Licensee shall maintain membership, for the life of the Facilities, in the Texas One Call utility locator service for subsurface installations. Licensee shall field mark, at its sole expense, the locations of its underground Facilities in accordance with the recommendation of the Texas One Call utility locator service and the requirements of all applicable laws. 9.3 Restoration. Licensees shall, at its own cost, after the reconstruction, maintenance, repair, removal, relocation or other work in the Right-of-Way, repair and return the Right-of-Way and any nearby or adjacent private property, if any, to a safe and satisfactory condition in accordance with the Town's Construction in Right-of-Way Ordinance and the Town's Engineering Design Criteria and Construction Standards Manual, as amended. Licensee shall be responsible for any damage to Town streets, existing utilities, curbs and sidewalks due to its Facilities Management or other work for its Facilities in the Right-of-Way, and shall repair, replace and restore in kind any such damage at its sole cost and expense in accordance with all applicable Town requirements. Ordinance 799 Page 8 of 24 9.4 Removal of Facilities. In case Licensee, after receipt of written notice and a reasonable opportunity to cure, fails or refuses to comply, the Town shall have the authority to remove the same at the expense of Licensee, all without compensation or liability for damages to Licensees. ARTICLE 10 AS-BUILT MAPS AND RECORDS Licensees shall maintain accurate maps and other appropriate records of its Facilities as they are actually constructed in the Rights-of-Way, including, for Underground Project, including the use of Auto CAD/GIS digital format. Licensees will provide the maps to the Town within ninety calendar(90)days following the passage of the Ordinance approving this License. Lead Licensee shall keep and provide to the Town any survey materials it has commissioned or prepared in connection to the Facilities. ARTICLE 11 REMOVAL AND RELOCATION OF FACILITIES 11.1 Notice of Intent to Remove or Relocate. If Licensees desire to remove or relocate its Facilities in the Rights-of-Way, it shall give the Town not less than ten (10) business days' prior written notice of its intent to do so. Before proceeding with removal or relocation work, Licensees shall obtain such additional permits as may be required by the Town and conform with all requirements of this License Agreement and the Town's Construction in Right-of-Way Ordinance and the Town's Engineering Design Criteria and Construction Standards Manual. 11.2 Removal or Relocation When Required. Licensees shall remove or relocate, without cost or expense to the Town, the Facilities installed under this License Agreement if and when made necessary by (i) the construction, repair, relocation, or maintenance of a public improvement project in, on, under or about the Public Rights-of-Way or public utility easement or(ii)to protect or preserve the public health or safety; or(iii)where the Town affords Licensees a technically and financially reasonable alternative location for installation of Licensees' Facilities. The Town will notify Licensees as soon as reasonably possible after the requirement to remove or relocate Facilities becomes known, and will to the extent reasonably possible assist Licensee in finding substitute Rights-of-Way. Said relocation shall be completed within ninety (90) calendar days following written notification or such shorter period as the Town may reasonably direct in the case of an emergency. If Licensees reasonably require more than ninety (90) calendar days to comply with the Town's written request, it shall notify the Director in writing and the Town will work in good faith with Licensee to negotiate a workable time frame. If Licensee fails to remove or relocate its Facilities within such period, the Town may cause the same to be done at the sole expense of licensee, and without liability to the Town. The Town will to the extent reasonably possible cooperate with Licensee to relocate its Facilities at minimal disruption to its services. Nothing in this section shall be construed as preventing the Licensees from recovering the cost of removal or relocation from a Third Party that makes the request for removal or relocation of utilities. Ordinance 799 Page 9 of 24 ARTICLE 12 INDEMNIFICATION 12.1 Due Care. Each Party shall exercise due care to avoid any action that may cause damage to property of the other Party or property of any other person or entity whose facilities occupy, abut or adjoin the Public Rights-of-Way. 12.2 RELEASE AND INDEMNIFICATION. LICENSEES HEREBY COVENANTS, REPRESENTS AND WARRANTS TO WAIVE AND RELEASE THE TOWN, AND THE TOWN'S ELECTED OFFICIALS, THE RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES OF THE TOWN AND ITS/THEIR SUCCESSORS, IN BOTH THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, AND THE AFFLIATES OF AND PERSONS AND ENTITIES RELATED TO ALL OF THE FOREGOING, INDIVIDUALLY AND COLLECTIVELY, (HEREINAFTER COLLECTIVELY REFERRED TO AS "TOWN- RELATED PARTIES") FROM, AND SHALL INDEMNIFY, DEFEND AND HOLD THE TOWN RELATED PARTIES HARMLESS AGAINST ALL ALLEGATIONS, CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS OF PERSONAL INJURY, ENVIRONMENTAL INJURY, BODILY INJURY, SICKNESS, DISEASE, DEATH, PROPERTY DAMAGE, CONSEQUENTIAL DAMAGES, DESTRUCTION, OR OTHER IMPAIRMENT), DEMANDS, LEGAL ACTIONS, EQUITABLE ACTIONS, COSTS (INCLUDING ALL COURT COSTS, REASONABLE ATTORNEYS' FEES, EXPERTS' FEES OR OTHER COSTS INCURRED IN CONNECTION WITH INVESTIGATING, PREPARING, PROSECUTING OR SETTLING ANY LEGAL OR ALTERNATIVE DISPUTE RESOLUTION ACTION OR PROCEEDING), EXPENSES, LIABILITIES, ASSESSMENTS, TAXES, COSTS, FEES, LIENS, PENALTIES, FINES, LOSSES, DAMAGES, JUDGMENTS, OR PENALTIES OF WHATEVER NATURE OR DESCRIPTION, WHETHER KNOWN OR UNKNOWN (COLLECTIVELY "LIABILITIES") INCURRED BY ANY TOWN- RELATED PARTY, WHICH LIABILITIES, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, AROSE FROM OR MAY IN THE FUTURE ARISE FROM, OR ARE ALLEGED TO HAVE ARISEN FROM, ANY OF THE FOLLOWING: (i) LICENSEES' EXERCISE OF ITS RIGHTS UNDER THIS LICENSE; Ordinance 799 Page 10 of 24 (ii) LICENSEES' ACTIVITIES UNDER THIS LICENSE, INCLUDING ANY DELIBERATE, INTENTIONAL, RECKLESS AND/OR NEGLIGENT ACT(S) OR OMISSIONS) OR WILLFUL MISCONDUCT OF LICENSEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF LICENSEE, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OF THE RIGHTS OR PERFORMANCE OF THE DUTIES UNDER THIS LICENSE; (iii) LICENSEES' USE OF THE RIGHTS-OF-WAY OR THE RIGHTS GRANTED TO LICENSEES WITH RESPECT TO THE RIGHTS-OF- WAY; (iv) LICENSEES' OPERATIONS ON ANY LAND OR IN ANY STRUCTURE OWNED BY THE TOWN; (v) THE INSTALLATION, USE OR PRESENCE OF LICENSEE'S EQUIPMENT ON ANY LAND OR IN ANY STRUCTURE OWNED BY THE TOWN; OR (vi) ANY CLAIM MADE OR LOSS INCURRED BY LICENSEES' BENEFICIARIES WHICH ARISES FROM, OR IS ALLEGED TO HAVE ARISEN FROM, ANY INTERRUPTION OF THE SERVICES DELIVERED BY LICENSEE BY MEANS OF ANY SYSTEM FOR WHICH THE LICENSEE IS USING THE RIGHT-OF-WAY. FOR PURPOSES OF THIS INDEMNITY, WAIVER AND RELEASE, THE TERM "ARISE FROM" MEANS OCCURS IN CONNECTION WITH OR AS A RESULT OF OR IS CAUSED BY. THE INDEMNITIES AND RELEASE IN THIS SECTION WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF A TOWN-RELATED PARTY, BUT NOT THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A TOWN-RELATED PARTY (UNLESS THE DAMAGE OR LOSS WAS CAUSED DURING REMOVAL UPON ABANDONMENT). Ordinance 799 Page 11 of 24 THIS SECTION 12.2 SURVIVES THE TERMINATION OF THIS LICENSE. 12.3 LIABILITY FOR DAMAGES. LICENSEES SHALL BE LIABLE TO THE TOWN FOR DAMAGES SUSTAINED BY THE TOWN AND RESULTING FROM THE ACTS AND OMISSIONS OF ANY CONTRACTOR, SUBCONTRACTOR, OR ANY PARTY INVOLVED DIRECTLY OR INDIRECTLY IN THE CONSTRUCTION AND REPAIR, MAINTENANCE OR WORK ON LICENSEE'S FACILITIES UNDER LICENSEE'S DIRECT CONTROL. ANY ACT OR OMISSION OF SUCH PARTY SHALL BE CONSIDERED AN ACT OR OMISSION OF THE LICENSEE. THIS SECTION 12.3 SURVIVES THE TERMINATION OF THIS LICENSE. 12.4 Notice of Claim. Promptly upon learning of any claim for which it seeks indemnification under this License Agreement, Licensor shall give written notice to Licensees of the claim. Licensees, as the indemnifying Party, shall bear the cost of and shall have the right to control the defense, the right to select counsel of its own choice, and the right to settle the claim in regard to monetary damages. Licensor shall cooperate and assist Licensees in investigating and defending against the claim. If Licensee does not provide the indemnity and defense, or if Licensees do not make diligent effort to settle the claim or provide for a defense, Licensor may assume control of the matter with counsel of its own choosing and either make a reasonable settlement of the claim or undertake a defense, all at Licensees' sole cost and expense. 12.5 Neither party will be liable to the other for any special, consequential or other indirect damages arising under this License Agreement. ARTICLE 13 INSURANCE 13.1 Insurance Requirements. Not later than the Effective Date of this License Agreement, and at all times thereafter when Licensee is occupying or using the Licensed Areas in any way, Licensee shall maintain or cause to be maintained in full force and effect the insurance requirements as set out in the Town's Ordinances, section 78-32 or its successor section, as such section may be amended from time to time. The required liability insurance can be met under a primary or excess policy or any combination thereof. Ordinance 799 Page 12 of 24 (a) Current Requirements: Type of Insurance Limit(in$millions) General Aggregate 2 General Liability(including contractual liability)written on an occurrence Prod./Comp. Op.Agg.2 basis Personal&Adv. Injury 1 Each Occurrence 1 Automobile Liability, including any auto,hired autos and non-owned autos Combined Single Limit 1 Each Occurrence 2 Excess Liability,Umbrella Form Aggregate 2 Each Accident.5 Disease-Policy Limit.5 Disease-Each Employee Worker's Compensation and Employer's Liability .5 (b) Umbrella or Excess Liability Insurance. The Licensee shall effect and maintain an umbrella liability policy as follows: $5,000,000.00 combined single limit per occurrence $5,000,000.00 aggregate. (c) Coverage must be written on an occurrence form. 13.2 Maintenance of Insurance. Licensees shall, at its own expense, pay for and maintain throughout the period of this License Agreement the insurance coverage described above written by companies approved by the State of Texas and acceptable to the Town of Westlake having at least an A.M. Best A-VIII rating (or equivalent, if not rated by A.M. Best) including by way of example and not limitation, commercial general liability, automobile liability, umbrella or excess liability and workers' compensation in forms and amounts satisfactory to Town within ten (10) days after the Effective Date. The Town reserves the right to review the insurance requirements and to reasonably adjust insurance and limits when the Town determines that changes in statutory law, court decisions,or the claims history of the industry or the Licensee require adjustment of the Ordinance 799 Page 13 of 24 coverage. Licensees are jointly and severally responsible for insurance requirements, but may agree among themselves as to which Licensee will assume this responsibility. 13.3 Additional Insureds. All policies except auto liability,workers' compensation and employer's liability must include the Town and its officers, employees, board members, and elected representatives as additional insured's. A waiver of subrogation in favor of the Town and its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. Licensee shall cause coverage for additional insured's to be incorporated into liability insurance policies by blanket additional insured endorsement with respect to claims arising out of Licensee's operations, activities and obligations under this License Agreement. 13.4 Notice Prior to Cancellation. All policies shall require that the insurer provide Licensor with at least thirty(30) days prior notice of any cancellation or non-renewal. 13.5 Proof of Insurance. Licensees will provide Licensor with proof of required insurance. Such proof must be legally binding and must evidence that the policy is in full force and effect and that the policy satisfies each requirement of this License Agreement applicable to the policy. For purposes of this section, insurance requirements may be met through self-insurance, provided; however,that any self-insurance meets all the requirements for the insurance coverage as required herein. However, for the Town to accept self-insurance,the Licensees must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the Town, based on financial information requested by and furnished by the Town. 13.6 Notice of Litigation. Licensees shall immediately advise the Town Attorney's Office of actual or potential litigation that may develop and affect an existing carrier's obligation to defend and indemnify. 13.7 No Insurer Right of Recovery. This Article creates no right of recovery of an insurer against the Town. The required insurance policies shall protect the Licensees and the Town. The insurance shall be primary coverage for losses covered by the policies. ARTICLE 14 PERFORMANCE BOND 14.1 Requirement for Bond. In the event that Licensees do additional construction in the Sam School Road right-of-way, prior to the performance of such work, Licensees shall obtain and maintain at its sole cost a corporate surety bond securing perforinance of its obligations and guaranteeing faithful adherence to the requirements of the License Agreement for the protection of the Town. The surety bond must be: a. in an amount not less than One hundred Thousand Dollars ($100,000.00); b. issued by a surety company licensed to do business in the State of Texas and reasonably acceptable to the Town; and c. reasonably acceptable to the Town Attorney. Ordinance 799 Page 14 of 24 14.2 Timing for Bond. The Licensees shall obtain this bond prior to construction or installation of any new Facilities in the Rights-of-Way or any work that disrupts the right-of-way. 14.3 Additional Rights. The rights reserved to the Town under the bond are in addition to all other rights. No action, proceeding or exercise of a right regarding the bond shall affect the Town's rights to demand full and faithful performance under this License Agreement or limit the Licensee's liability for damages. 14.4 Conflict with Town Ordinances. In the event Town's ordinances set forth greater requirements, the Town's ordinance requirements shall prevail over the requirement of this License. ARTICLE 15 EMERGENCY NOTIFICATION TO LICENSEE Licensee shall provide Town with an emergency contact or contacts to be available at all times,24 hours a day, seven days of the week, including holidays. ARTICLE 16 NOTICES All notices permitted or required hereunder shall be in writing and shall be transmitted via certified United States mail, return receipt requested, or by private delivery service and shall be addressed as follows or to such different addresses as the Parties may from time to time designate by giving written notice to the other party of such change: If to the Town, to: Copy to: Town of Westlake Stan Lowry Attn: Town Manager Boyle & Lowry 1301 Solana, Building 4, Suite 4202 Attorney for the Town of Westlake Westlake, TX 76262 4201 Wingren, Suite 108 Telephone 817-490-0941 Irving, Texas 75062-2763 972-650-7100 If to Licensee to Copy to: BRE Solana Jackson Walker, LLP Equity Office Attn: Alec Rubenstein Attn: Ashley Martzen 2311 Cedar Springs Road, Suite 300 2323 Ross Avenue, Suite 600 Dallas, TX 75201 Dallas, TX 75201 And to: With a Copy to: HMC Solana, LLC Miller, Egan, Molter&Nelson, LLP c/o Harbert Management Attn: Brian Phelps Ordinance 799 Page 15 of 24 200 Crescent Court, Suite 440 2911 Turtle Creek Blvd., Suite 1100 Dallas, TX 75219 Dallas, TX 75219 Attn: Adam A. King And to: With a copy to: Boy Scouts of America Steptoe & Johnson 1301 Solana Blvd., Building 5 Attn: James Garvin Westlake, Texas 76262 707 Virginia Street East, 17th Floor Charleston, West Virginia 25301 Notice to attorney for Town of Westlake does not constitute notice to Town. The Town may give notice of requirements for Right-of-Way work in the field without sending notice to the above. In an emergency the Town may give verbal notice so long as a confirmatory written or electronic notice is provided as soon as practicably possible thereafter pursuant to the paragraph below.. All notices shall be in writing (at the addresses set forth above) and shall be delivered by any of the following means: (a) personal delivery (including without limitation, overnight delivery, courier, or messenger services), which shall be deemed received upon such delivery; (b) fax if printed confirmation of successful transmission thereof is obtained from the sender's fax machine and the same is confirmed telephonically by the sender, which shall be deemed received on the day the fax is sent;(c)certified United States mail,postage prepaid,return receipt requested,which shall be deemed received upon receipt or refusal of delivery; or (d) by .pdf electronic delivery, provided, however, such delivery shall only be deemed received upon return email from recipient acknowledging delivery. Notice from (but not to) a party's counsel shall be deemed to be notice by such party. Such addresses,names of counsel or names of agents may be changed by fifteen(15)days' notice to the other parties given in the same manner as provided above. ARTICLE 17 ASSIGNMENT 17.1 Binding Effect. The rights granted by this License Agreement, as well as the duties and responsibilities,shall be binding upon and inure to the benefit of each Licensee and their respective heirs, successors, and assigns without the expressed prior written consent of the Town. ARTICLE 18 FUTURE CONTINGENCY Notwithstanding anything contained in this License Agreement to the contrary, in the event that this License Agreement, in whole or in part, is declared or determined by a judicial,administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful, or otherwise inapplicable, the Licensee and the Town shall meet and negotiate an amended License Agreement that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the amended License Agreement shall provide the Town with a level of compensation comparable to that set forth in this License Agreement. Ordinance 799 Page 16 of 24 ARTICLE 19 MISCELLANEOUS 19.1 Choice of Laws and Venue. This License Agreement shall be construed and enforced in accordance with the laws of the State of Texas without regard to the conflict of law provisions thereof. Exclusive venue shall be had in Tarrant County, Texas. 19.2 Entire Agreement. This License Agreement, together with its attached exhibit, contains the entire understanding between the Parties with respect to the subject matter hereof. There are no representations, agreements or understanding (whether oral or written) between or among the Town and Licensee relating to the subject matter of this License Agreement which are not fully expressed herein. This License Agreement can be amended, supplemented, modified or changed only by a written document executed by both Parties. 19.3 Reservation of Rights by Parties. Except as specifically set forth herein to the contrary, the Town and Licensee each reserve all rights under applicable state and federal law. 19.4 Authority. The signer of this License Agreement for the Licensee (including all three parties identified in the first paragraph of this License) and the Town hereby represents and warrants that he or she has full authority to execute this License Agreement on behalf of the Licensee or the Town respectively. 19.5 Waiver. None of the material provisions of this License Agreement may be waived or modified except expressly in writing signed by the Licensee and Town, as authorized by Town Council. Failure of either party to require the performance of any term in this License Agreement or the waiver by either party of any breach thereof shall not prevent subsequent enforcement of this term and shall not be deemed a waiver of any subsequent breach. 19.6 Severability. If any clause or provision of the License Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term of this License Agreement, then and in that event it is the intention of the parties hereto that the remainder of this License Agreement shall not be affected thereby, and it is also the intention of the parties that in lieu of each clause or provision of this License Agreement that is illegal, invalid, or unenforceable,there be added as part of this License Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. 19.7 Captions. The captions contained in this License Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this License Agreement. 19.8 Singular/ Plural; Gender. Unless the context otherwise clearly indicates, words used in the singular include the plural,the plural includes the singular,and the use of gender pronouns includes masculine or feminine. Ordinance 799 Page 17 of 24 19.9 No Third Party Beneficiaries. No person or entity shall be a third party beneficiary to this License Agreement or shall have any right or cause of action hereunder. 19.10 No Partnership. This License Agreement and the transactions and performances contemplated hereby shall not create any manner of partnership, joint venture or similar relationship between the Parties. 19.11 Attorneys' Fees. If any action, suit or proceeding is brought by either Party hereunder to enforce this License Agreement or for failure to observe any of the covenants of this License Agreement or to vindicate or exercise any rights or remedies hereunder, the prevailing Party in such proceeding shall be entitled to recover from the other Party reasonable attorneys' fees and other reasonable litigation costs (as determined by the court). 19.12 Acceptance. This Agreement shall not be effective without the Agreement of both Parties. Ordinance 799 Page 18 of 24 IN WITNESS WHEREOF the Parties have caused this License Agreement to be executed by their duly authorized representatives. TOWN OF WESTLAKE g _1g _ k P Thomas E. Br er, own Manager Date Attest: Approved as to Form: Kelly dwa L. to �Lowr Town Secre OF WL-Ox Town Attorney TEXAS. Ordinance 799 Page 19 of 24 LICENSEE: BRE Solana, LLC, a Delaware Limited Liability Company QL�' By: Name: Raab Sh ju. Title: VF-Asset Management STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned on this day personally appeared YLob Sln (Name), V P Ask f-M Uy-W tKo n *title) and attested that she/he is authorized to sign on behalf of BRE Solana, LLC, a Delaware limited liability company. INl VI. 5V1 Blit -S proved to me through the presentation of a valid Texas Driver's License or an identification card issued by a governmental agency or a passport of the United States, to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. M-. 5!b E, A+S furthermore attested thatrte,is signing this document in Wt capacity as YP A%-(,t for and on behalf of BRE Solana, LLC, a Delaware Limited Liability Company, and that such capacity makes his/her signature valid and binding to BRE Solana, LLC,a Delaware Limited Liability Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of t)y� , 201�C1 NOTARY OF PUBLIC, State of Texas My Commission Expires: Ordinance 799 Page 20 of 24 The Boy Scouts of America, a non-profit corporation chartered by an Act of the United States Congress on June 15, 1916: By. Name: Title: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned on this day personally appeared r /,we (Name), C15o (Title) and attested that she/he is authorized to sign on behalf of the Boy Scouts of America, a non-profit Corporation. proved to me through the presentation of a valid Texas Driver's License or an identification card issued by a governmental agency or a passport of the United States, to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. M r. /t1r�f1�.P /,-p furthermore attested that Ile- is signing this document in fj ,,capacity as rr-,o for and on behalf of the Boy Scouts of America, a non-profit Corporation, and that such capacity makes his/her signature valid and binding to the Boy Scouts of America, a non-profit Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 120 f(o . NOTARY OF PUBLIC, State of Texas My Commission Expires: v1CT0R1A CONTREuri:. Vic.State of Texan r r)i{es 01 18-2020 R'. fill 11* 130499619 + , Signature Page HMC S*,LD aware imited Liability Company i§%POWBy:Name: �ytc. '7 'Ice Title: STATE OF T-E Nolamk § COUNTY OF TARR*N=ic` d atti § BEFORE ME, the undersigned on this day personally appeared Al,,mel ( e (Name), (Title)and attested that she/he is authorized to sign on behalf of HMC Solana, LLC, a Delaware Limited Liability Company. k-,,Md P. h;+e proved to me through the presentation of a valid .T-xa. Driver's License or an identification card issued by a governmental agency or a passport of the United States, to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. NVl r . k-.�att f (�}�,; furthermore attested that h is signing this document in capacity as 4- mrAflA for and on behalf of HMC Solana, LLC, a Delaware Limited Liability Company, and that such capacity makes his/her signature valid and binding to HMC Solana, LLC, a Delaware Limited Liability Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Qg+h day of S� tev �r , 20I. NOTARY OF PUBLIC, State of Texas dot ten. My Commission Expires: Ordinance 799 Page 22 of 24 Exhibit"A" Exhibit A. 1. —Legal Description Ordinance 799 Page 23 of 24 Exhibit "A" Exhibit A. 1. —Legal Description 10' FIRE PROTECTION EASEMENT BEING a tract of land in the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas, and being within Sam School Road, a variable width right of way, as established by the plats recorded in Volume 388-214, Page 78, and Cabinet A, Slide 6263, Plat Records of Tarrant County, Texas(P.R.T.C.T.)and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found with plastic cap stamped "Carter& Burgess"at the most westerly corner of Lot 2R, Block 2 as shown on the final plat of WESTLAKE/SOUTH LAKE PARK ADDITION NO. 1, recorded in Cabinet A, Slide 283, P.R.T.C.T., also being on the northeasterly right of way line of said Sam School Road; THENCE, along the northeasterly right of way line of Sam School Road, the following courses: North 47 degrees 50 minutes 51 seconds East, along the north westerly line of said Lot 2R, a distance of 11.00 feet to a 5/8 inch iron rod found with plastic cap stamped "Huitt-Zollars"at the most southerly corner of Lot 4, Block 2 as shown on the final plat of LOT 1 R1-1,3& 4, Block 2 WESTLAKE/SOUTH LAKE PARK ADDITION NO.1, an addition to the Town of Westlake, as recorded in Document No. 216001903, P.R.T.C.T., from which a 5/8 inch iron rod found with plastic cap stamped "Huitt-Zollars"at an angle point on the common line of said Lot 4 and Lot 2R, bears North 47 degrees 50 minutes 51 seconds East, a distance of 248.47, and being the beginning of a non-tangent curve to the right having a central angle of 08 degrees 06 minutes 40 seconds, a radius of 1155.00 feet,subtended by a 163.37 foot chord which bears North 38 degrees 05 minutes 50 seconds West; Along said curve to the right an arc distance of 163.51 feet to the POINT OF BEGINNING; THENCE, departing the northeasterly right of way line of Sam School Road, South 64 degrees 34 minutes 14 seconds West, a distance of 79.84 feet to a point on the southwesterly right of way line of said Sam School Road, being the beginning of a non- tangent curve to the right having a central angle of 00 degrees 28 minutes 07 seconds, a radius of 1234.00 feet, subtended by a 10.09 foot chord which bears North 33 degrees 15 minutes 08 seconds West; THENCE, along said curve to the right and along the southwesterly right of way line of said Sam School Road, an arc distance of 10.09 feet to point for a corner; THENCE, departing the southwesterly right of way line of said Sam School Road, North 64 degrees 34 minutes 14 seconds East, a distance of 79.75 feet to a point on the northeasterly right of way line of said Sam School Road, and being the beginning of a non-tangent curve to the left having a central angle of 00 degrees 30 minutes 05 Page 2 of 3 JASurvey\30575702-Solana Lot 4 Survey\Solana Fire Line Esmt\wp\Fire Proctection Esmt-2.docx Exhibit "A" seconds,a radius of 1155.00 feet, subtended by a 10.11 foot chord which bears South 33 degrees 47 minutes 28 seconds East; THENCE, along said curve to the left and alongi the northeasterly right of way line of Sam School Road, an arc distance of 10.11 feet to the POINT OF BEGINNING and CONTAINING 0.0183 Acres of land, more or less. BEARINGS ARE BASED ON THE FINAL PLAT OF WESTLAKE/SOUTH LAKE PARK. ADDITION NO. 1, AS RECORDED IN VOLUME 388-2114, PAGES 78&79 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. For IHuitt-Zollars, Inc. Eric J.Yahoudy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zolllars, Inc. Firm Registration No. 10025600 1717 McKinney Ave., Suite1400 Dallas, Texas 75202-1236 Tel. 214-871-3311 Certification Date: May 27, 2016 Page 3 of 3 J\Survey30575702-Solana Lot 4 Survey\Solana Fire Line Esmt\wp\Fire Proctectlon Esrnt-2.docz Exhibit "A" Exhibit A. 2. - Survey Ordinance 799 Page 24 of 24 Exhibit A. 2. - Survey 16454362v.12 SURVEYL,T STUCCO , ' OP O THRO 1 5� � � � CABSTRp,CT N�' \ STUCCO DRIVEWAY ESMT. '� ^\ NON–EXCLUSIVE ESMT. V0L_14532,PG. FOR UNDERGROUND UTILITIES &D200214659 A A� h VOL. 9105, PG,190 D.R.T.C.T. / \ VOL.9140, P0.532 VOL. 9156, PG. 776 STREET ESMT. VOL.9172, PG.727 VOL 9451, PG.1967 ` x D.R.T.C.T. DRIVEWAY ESMT. \ `�\\ \\ CAB. A, SL 2B3 VOL 14532, PG. 619 A/ �Y P.R.T.G.T. &D200214659 x��\\ \\\ o.R.T.c.T. ` X\ TL\\ 30 0 30 60 / F 'T� GRAPHIC SCALE IN FEET LOT 4,BLOCK 2 PLEASE REFER TO BAR SCALE.DRAWING LOTS 1 R1-1,3&4,BLOCK 2 OF MAY HAVE BEEN REDUCED OR ENLARGED. WESTLAKEISOUTHLAKE PARK ADDITION NO.1 v\ INST.NO.D216001903 �.'����\ VOL5T9451, PCM 1967 -E, V 1Y Row DEDICATION P.R.T.C.T. ��A D.R.T.c T \CAB. A, SLIDE 6263 P.R.T.C.T.EL FIRE PROTECTION ESMT. \ `� 10'FIRE PROTECTION ESMT.\ A=0°30'05" VOL. 9437,PC. 1127 ` 0.0183 Acres R=1155.00' VOL. 9451, PG. 1967 \ (798 Sq.Ft.) A CB=S 33°47'28"E D.R.T.c.T. FEE s/a"IRON ROD FOUND \ CH=10.11' w/ITUITT-ZOLLARS DAP 1d \\POINT OF G A=8°06'40" h1 \ R=1155.00' tiNb. 1A \ \ CB=N 38°05'50"W \ S� \ LL \ CH=163.37' t4 A V L=163.51' p151 \\ PEDESTRIAN ACCESS ESMT. A=0°28'07" VOL. 9437, PG. 1127, y� '0O J k \ VOL. 2487,PG. 210 \ R=1234.00' \��92 VOL 12902. PG.338 LOT 2R,BLOCK 2 CB=N 33°15'08"W Fp o o`re92� \ \ aR.D.c.T WESTLAKE/SOUTHLAKE PARK CH=10.09' q+9 h 2 °2 \ ADDITION No.1 CABINET A,SLIDE 2831 P.R.T.C.T. L=10.09' BOO \ NON-EXCLUSIVE ESMT. PVC A 5 B IRON Roo FODND FOR UNDERGROUND UTILITIES \ .> /" VOL 9105, PG.190 LOT 1,BLOCK 3 \ w/HUITT—zOLLARE CAP VOL.9149, PG.532 WESTLAKE/SOUTHLAKE N 47°50'51 E 11.00' VOL 9166, PG. 776 PARK ADDITION No.1 \ VOL 9172, PG.727D.R.T.D.T. \ VOL.388-214,PG.79&79 OCQ[NT COMMENCING CAB. n, SL 283 P.R.T.C.T. \ /8"1 RqN ROD FOUND W/ P.R.T.C.T \ \ A\RTE"BURGESS"CAP \ PERMANENT MUNICIPAL \ DUCT BANK ESMT. / LEGEND A A DOCUMENT#2)1084812 \ (APPROXIMATE LOCATION) / 5/8"IRON ROD SET WITH CAP \ (OEscRIPTION INCORRECT) IRS O STAMPED'HUITT-70LLARS' UNLESS NOTED OTHERWISE \\ \\\ 0 FOUND MONUMENT AS NOTED \ TT —^_ _ ^A EXHIBIT MAP BASIS OF BEARING: The foal plat 1of , HUff L//\7�►.!`II'L.�I'L/�/–�11'iK)`V\' 10'FIRE PROTECTION EASEMENT Westlake/Southlake Park Addition No.1,as Huitt-Zollars,Inc. Dallas 0.0183 ACRES recorded in Volume 388-214,Pages 78&79 1717 McKinney Avenue,Suite 1400 C.M.THROOP SURVEY,ABSTRACT No.1510 of the Plat Records of Tarrant County,Texas. Dallas,Texas 75202-1236 TOWN OF WESTLAKE Phone(214)871-3311 Fax(214)871-0757 TARRANT COUNTY,TEXAS DATE:May 27,2016 Pg.1 of 3 Exhibit "A"