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HomeMy WebLinkAboutContract 47777 \jWAAf °' (0 -1 MY SECRETARL�Lq�V 1-1) ` ,3�4 COM�6 C3 CSO. RIGHT OF WAY ENCROACHMENT AGREEMENT �T<r_ (COMMERCIAL) THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation, acting herein by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "City", and ROANOKE 35/114 PARTNERS, L.P., a Texas limited partnership, hereinafter referred to as "Licensee", owner of property located at the intersection of State Highway 114 and Tanger Boulevard in Fort Worth, Denton County, Texas 76177. AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee permission to access, construct, install, repair, maintain, replace, and/or allow to remain, the improvement described below ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of way(collectively, "Public Right-of-Way"). The Improvement is described as follows: A shared two-sided illuminated freeway sign, electric crossings to illuminate the freeway sign, and irrigation crossings to serve and maintain the landscaping of a portion of the Public Right-of-Way surrounding the freeway sign, located on that certain City-owned median in the intersection of State Highway 114 and Tanger Boulevard. The location and description of the Improvement, the access and maintenance area, and the encroachment are more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes (the "Encroachment Area"). Licensee shall not install any improvements within the access and maintenance area, except as otherwise provided herein. 2. All construction, maintenance and operation in connection with such Improvement, its use and occupancy shall be performed in strict compliance with this Agreement and the Charter, 2014 ROW Encroachment Agreement—Commercial-Project Sign AFF'CIAL RECORge 1 1980690 CITY SECRETA+ V Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of construction and installation of the Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the Public Right-of-Way except as described herein and shown on the hereinabove referred to Exhibit"A". 4. Licensee, at no expense to City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by the Improvement, its use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. City acknowledges that it customarily takes into consideration the location of the Improvement when evaluating the potential relocation and installation of any existing or future utilities affected by the Improvement. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the Encroachment Area at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors or assigns, but City will make reasonable efforts to minimize such damage; however, nothing in this 2014 ROW Encroachment Agreement—Commercial Page 2 1980690 Agreement shall preclude Licensee from pursuing any available remedy against City's contractors and subcontractors for damage to the Improvement caused by such contractor or subcontractor. 6. 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 Twenty-Five Dollars ($325.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square foot of the encroachment area for a total annual amount of One Hundred Ninety- Seven and 12/100 Dollars($197.12). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City; provided, however, that (i) nothing herein shall preclude Licensee from requesting from City at any time an extension to the term of this Agreement, and (ii) this Agreement shall terminate upon the material non-compliance of any of the terms of this Agreement by Licensee. City shall notify Licensee of the material non-compliance and if not cured within thirty (30) days,this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated if Licensee fails to commence the cure within thirty (30) days, or having so commenced, thereafter fails to proceed diligently to remedy the same. 8. Upon termination of this Agreement, Licensee shall, at the option of City and at no expense to City, restore the Encroachment Area and remove the Improvement encroaching into the Encroachment Area, to substantially the same condition as at the commencement of this Agreement, as reasonably acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing Ordinances and Codes of the City and City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Improvement at City's request, Licensee hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on Licensee's fee 2014 ROW Encroachment Agreement—Commercial Page 3 1980690 ownership in the median upon which the Improvement rests for the costs expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the parties hereto that the Public Right-of- Way 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 Public Right-of-Way 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 Public Right-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose that does not preclude the use of the Encroachment Area for the Improvement, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, the parties agree to negotiate in good faith in order to accommodate the Improvement in the Encroachment Area and the public purpose. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvement over or within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation, maintenance and use of the Improvement and the Encroachment Area. 12. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 2014 ROW Encroachment Agreement—Commercial Page 4 1980690 13. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City. Licensee shall have exclusive control of and the exclusive right to control the details of its operations and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND THE ENCROACHMENT AREA AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, SERVANTS, OR EMPLOYEES, OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR LICENSEES. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of 2014 ROW Encroachment Agreement—Commercial Page 5 1980690 public liability insurance covering all public risks related to the proposed use and occupancy of Public Right-of-Way 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 may be revised upward at City's option, and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Licensee agrees that it shall not cancel or amend such policy without at least thirty(30)days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Upon request from City, 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 the Improvement from the Encroachment Area and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall apply to and be maintained by all Licensees' contractors performing work on the Encroachment Area. 16. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in its entirety in the deed records of Denton County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 17. In any action brought by City for the enforcement of the obligations of Licensee, in which the City is the prevailing party, City shall be entitled to recover interest and reasonable attorney's fees. In any action brought by Licensee for the enforcement of the obligations of City, in which Licensee is the prevailing party, Licensee shall be entitled to recover interest and reasonable attorneys' fees; provided, however, nothing contained herein shall ever be construed so as to require City to create a sinking fund or to assess, Ievy, and collect any tax to fund its obligations under this paragraph. 2014 ROW Encroachment Agreement—Commercial Page 6 1980690 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the Director of Planning and Development. Any attempted assignment without prior written approval will be void. Notwithstanding the foregoing, upon written notice to City, Licensee may assign its rights, privileges, and obligations under this Agreement to the Beechwood Business Park Association, a Texas non-profit corporation (the "Association"), pursuant to the City's form Assignment and Consent of Encroachment Agreement(which must be executed by and among Licensee, Association, and City to be effective), and may grant the users of the Improvement a sub-license to access the Encroachment Area for all purposes granted to Licensee hereunder, including such sub-licensee's rights to perform the obligations of Licensee and/or the Association pursuant to separate agreements between and among Licensee, Association,and/or such sub-licensee(s). 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures on the Following Page] 2014 ROW Encroachment Agreement—Commercial Page 7 1980690 EXECUTED this/ /' 'day of ' 2016. CITY: LICENSEE: CITY OF FORT WORTH ROANOKE 35/114 PARTNERS,L.P., a Texas limited partnership By: LunnL �giBy: Roanoke 35/114 Genpar,LLC, `V Randle Harwood/D rect r a Texas limited liability company, `V Planning and DeVeopment its general part r By: V of am illiV. Boecker, Vice President ATTEST: Approved As To Form and Legality ity Se Assistant Ci Attorney °00000000 S 0 0 000000_n OFFICIAL RECORD CITY SECRETARY FT.!NORTH, TX 2014 ROW Encroachment Agreement—Commercial _ 1980690 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. {M GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2016. "' EVELYN VASAUEZ Notary Public,state of texas Notary Public in and for the My Commission Expires August 04. 2019 State of Texas 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 William V. Boecker, 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 Roanoke 35/114 Genpar, LLC, a Texas limited liability company, general partner of ROANOKE 35/114 PARTNERS, L.P., a Texas limited partnership,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this IGI day of 2016. v°w4 LA NETTA R.ADDY o NOTARY PUBLIC Notary cin and for the STATE OF TEXAS My Comm.Exp.02-27-201 tl State of Texas 2014 ROW Encroachment Agreement—Commercial 1980690 EXHIBIT "A" IMPROVEMENT Tanger Blvd & HWY 114 Median 16.23'(194.786") 14'(169-) 14.08'(169.056") )f 3 84.528" ®CHAMPIONS 35" CIRCLE 88.64" ---------------=_ 28 „ ------ --------------- - ----- 22.714' 30' =_ = ------------------------------ = _ 2 (272.57") ------------------- _= -TEA _= 1 28„ r J 4' --------------- --------------------- 24- 180,051) 60" ACCESS AND MAINTENANCE AREA [ a q �? ——— z —"---- .--_..._ —.,._ ._ 0.e 'a OUTLETBLVD y� S.H. 114 " LOCATION MAP SS-X3 EX-24"W C3 I --.EX-2 'W I o0 / O N 7 I II 6.0' / / tio ' II ——— — ———25.6' I ( 42.0' y I I OHW OH 0 OHW / / HW OHW OHW OF W OHW- I F3.1C I ( ENCROACHMENT-Z/ / // (5'x15' FREEWAY SIGN) I 4�- OHW 0 W HW AR OW OHW OHW OHW OH HW OHI ACCESS & 3 I I v MAINTENANCE f W I I J AREA d N in t I cn W> 1 9° Z =I Q 70' ELECTRIC RIGHT-OF-WAY EASEMENT w I I E-- BRAZOS ELECTRIC POWER COOPERATIVE INC. N( INST. NO. 2012-32516 O.P.R.D.C.T. w IG G G — C G G G C C G G Tc; G o (U n ( �] ————— --- ------- - - --------- m RIGHT IF I I I 3ATMOSEMENT ENERG CORPORA T10NY INST. N0. 012-5225p O.P.R D.C.T. BURY SIGN EXHIBIT — F3.1 C 777 Main Street,Suite 600 TAN G E R BLVD 0 10 20 Fort Worth.Texas 76102 FORT WORTH,TEXAS Tel.(817)887-8104 Fax(817)887-8001 TBPE#5-1048 TBPLS#F-10107502 JANUARY 2016 SrALE VOW Copyright 0 2016 BURY EXHIBIT "A" SIGN ENCROACHMENT AREA GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191 CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING A 352 SQUARE FOOT(0.0081 ACRE)TRACT OF LAND SITUATED IN THE GEORGE W.SHAMBLIN SURVEY, ABSTRACT NO. 1191, CITY OF FORT WORTH, DENTON COUNTY, TEXAS,AND BEING A PORTION OF TANGER BOULEVARD (100-FOOT WIDE PUBLIC RIGHT-OF-WAY) DEDICATED BY CHAMPIONS CIRCLE ADDITION, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT THEREOF, RECORDED IN INSTRUMENT NUMBER 2015-188,OFFICIAL PUBLIC RECORDS OF DENTON COUNTY,TEXAS(O.P.R.D.C.T.);SAID 352 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE NORTHEAST CORNER OF LOT 1, BLOCK 5 OF SAID CHAMPIONS CIRCLE ADDITION SAME BEING THE NORTHWEST CORNER OF A CALLED 5.0276 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO LG SH 114&IH 35,LLC,RECORDED IN INSTRUMENT NUMBER 201518025,O.P.R.D.C.T.AND A CORRECTION INSTRUMENT,RECORDED IN INSTRUMENT NUMBER 2015-21786,O.P.R.D.C.T.,AND BEING IN THE SOUTH RIGHT- OF-WAY LINE OF STATE HIGHWAY NO. 114(VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE,SOUTH 88°17'11"WEST,ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 114,A DISTANCE OF 556.88 FEET TO A CUT"X" IN CONCRETE FOUND FOR THE NORTH END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 114 WITH THE EAST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD; THENCE,(L1)SOUTH 4343'06"WEST,ALONG SAID CORNER CLIP,A DISTANCE OF 14.25 FEET TO A CUT"X" IN CONCRETE FOUND FOR THE SOUTH END OF SAID CORNER CLIP; THENCE,(1-2)SOUTH 00°50'58"EAST,ALONG THE EAST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD,A DISTANCE OF 23.97 FEET TO A POINT; THENCE, (1-3) SOUTH 89°09'02" WEST, DEPARTING THE EAST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD, OVER AND ACROSS SAID TANGER BOULEVARD,A DISTANCE OF 46.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING OVER AND ACROSS SAID TANGER BOULEVARD,THE FOLLOWING CALLS: (1-4)SOUTH 00°32'52"EAST,A DISTANCE OF 17.00 FEET TO A POINT FOR CORNER; (1-5)SOUTH 89°27'08"WEST,A DISTANCE OF 7.00 FEET TO A POINT FOR CORNER; (1-6)NORTH 00°32'52"WEST,A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; (1-7)SOUTH 89°09'02"WEST,A DISTANCE OF 46.54 FEET TO A POINT FOR CORNER IN THE WEST RIGHT- OF-WAY LINE OF SAID TANGER BOULEVARD; THENCE,(1-8)NORTH 00°50'58°WEST,ALONG THE WEST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD,A DISTANCE OF 5.00 FEET TO A POINT FOR CORNER; THENCE, DEPARTING THE WEST RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD,CONTINUING OVER AND ACROSS SAID TANGER BOULEVARD,THE FOLLOWING CALLS: (1-9)NORTH 89°09'02"EAST,A DISTANCE OF 46.56 FEET TO A POINT FOR CORNER; (1-10)NORTH 00°32'52"WEST,A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; (L11)NORTH 89°27'08"EAST,A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 352 SQUARE FOOT OR 0.0081 ACRES OF LAND. SASM0109284 Fine Line Diversified130003 Champions Circle-Buc-ees\EXHIBITSISIGN EXHIBITS\0109284-30003 SIGN EXHIBIT 2.docx Page 1 of 3 BURY EXHIBIT "A" SIGN ENCROACHMENT AREA GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191 CITY OF FORT WORTH, DENTON COUNTY, TEXAS NOTES: THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE STATE PLANE COORDINATE SYSTEM(TEXAS NORTH CENTRAL ZONE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.99984798473. A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. IC J. RPIIl' .52 . ,. � . SASUM0109284 Fine Line Diversified\30003 Champions Circle-Buc-eeslEXHIBITSISIGN EXHIBITS\0109284-30003 SIGN EXHIBIT 2.docx Page 2 of 3 0 i ON TI .�.. o mIM N m �z REMAINDER OF rei e x co z CALLED 187.34 ACRES (TRACT 3) a o ROANOKE 35/114 PARTNERS. L.P. 2 $ = 0vINST. NO. 2007-21421 & o zm m INST. NO. 2014-96174 t9 w x n a a m n O.P.R.D.C.T. to P TE, 0 a � oo ��� Z �p N 00QCm W ai t71 > n CIE % - < m.M u 0 CA En Wo av�ct Orfs m� s o � TANGER BOULEVARD 00 3 n ozzm 2 (100' PUBLIC R.O.W.) .r-, y INST. N0. 2015-188, L4 _v O �+ a z O.P.R.D.C.T. i z O m co o X`" v i t W io W "t7 0 0 >1 a IW -n w y a "� I O 0 mz > G) � `� of I L2 c � mmz w0 ��� � A wm m S 00'50'58' E 236.08' CC / m i A W O0 = AQ = z a =r -' y --1 �n Z 07 m r vOmD cm rn N z g r m M in� o v X Z ''+ Z ' gA cn 'nr 0 O m C u, i Z 01 Z < m�m g �o0 � o� Ami o ta ai b o N p a D O ,••ni�I r h Ch-p V7 0 Z U z (n 8 p 1j -{Ut ITt h Oo 0 1e 1 y X > °° O z 0 m W a y r 2 0 N r U1a tr0 OD v Ori Ln -P, W N m z O OD °< � C w Z Z Z Z to Z 0 Ou � to � 1n r ry�C v a Q O w m Z LIQ tl�J. q 113 N O c00 tl v N O W f11 > 00 N N OD fv N! O'1 IS .1 rn 0) tr rn .1 rn w C? O O O O Oo O io J Z Q 0 y O p 2 r zc_mi� n m z m OBD -n 00p-'O 0 �cn 1,3 C� 1 ONgR'N <O, .�a': T.t� Q O � t+0f+�0 0 W Z mtt\ f7J jnSOJi P.oQ�1-U K '4'••. Z 2 Z� ozco In CFO, :.�W X1p">7 45•� O O 1 Z� p C OE 1Z mNN� Zm2 "" '�. °gip -0n n� E m a-am m N�� 0(n-C ;N m0o � �� z � �inm Z R0 N uZ '�?;� .C. .y . z m � �n - z vn� < : z ; o N> �"' TJ% 2 mO ar ` QR d 0 g o EXHIBIT "B" DATE(MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 03122/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or 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 NAME: CONTACT N 'a Aon Risk Services Southwest, Inc. plc No.Ext 0817) 810-4000 FAX <817) 339-2019 m Fort worth TX office ( 1: (AIC.No.: 301 commerce Street E-MAIL Suite 2101 ADDRESS: Fort Worth TX 76102 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American ins Co 16535 Roanoke 35/114 Partners, L.P. INSURER 8: 201 Main Street, Suite 2700 INSURER C: Fort worth Tx 76102 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570061497338 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INS WVD POLICY NUMBER POLICY EFF FULIGY t:XP MMIDD MMIDDNYYY LIMITS A X COMMERCIAL GENERAL UABILITY we 7 7 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR C' $1,000,000 PREMISES Ea occurrence X Per Loc Agg$10mil Cap MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,005 m POLICY [:]JEO -1 LOC PRODUCTS-COMP/OP AGO $2,000,000 n OTHER: o ti AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'A Ea accident ANY AUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) y AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE v ONLY AUTOS ONLY Per accident tD UMBRELLA LIABOCCUR EACH OCCURRENCE U EXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND PER OTH- EMPLOYERS'LIABILITY YIN STATUTE E,Ij_ ANY PROPRIETOR I PARTNER I EXECUTIVEE.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) tQ� Re: Encroachment Permit - State Hwy 114 and Tanger Blvd., Fort worth, Tx; Interstate 35W frontage and outlet Blvd., Fort worth, TX; Championship Parkway and State Highway 114, Fort worth, TX .� certificate Holder is included as Additional insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE jig EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i City Of Fort Worth AUTHORIZED REPRESENTATIVE �� Department of Developoment 2 Attn: oavid Shroedr, Planner 1000 Throckmorton street Fort worth TX 76102 USA _ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD