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HomeMy WebLinkAboutContract 49308 :A CITY SECRETAR f CONTRACT NO. EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial to StN� le b �' THIS AGREEMENT is made and entered into by and between THE CITY OF Wd Z T WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and Carbon Equity, L..P ("Licensee"), acting by and through its duly authorized General Partner Representative, Max Reising owner of the real property located at 2618 Westport Parkway, Fort Worth, TX 76177 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a 25' Water and Sanitary Sewer easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. 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 Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the City's Easement for the purpose of a 24" RCP private storm drain pipe, necessary for site drainage, to cross the 25' Water and Sanitary Sewer Easement. (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2015 Easement Encroachment Agreement-Commercial OFFICIAL RECORD page 1 of 11 CITY SECRETARY Rev. 02/2015 FT.WORTH%TX 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, 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 or 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 Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 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. 2015 Easement Encroachment Agreement-Commercial Page 2 of 11 Rev. 02/2015 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is 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 Texas 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 Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, 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, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 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 THE ENCROACHMENT 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 11 Rev.02/2015 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 $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. 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 the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 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 the Encroachment and uses. 2015 Easement Encroachment Agreement-Commercial Page 4 of 11 Rev.02/2015 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. 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 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 permissions 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 Sections 3 and 4 shall survive the termination of this Agreement. 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the written approval of City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of 2015 Easement Encroachment Agreement-Commercial Page 5 of 11 Rev.02/2015 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 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. SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 Easement Encroachment Agreement-Commercial Page 6 of 11 Rev. 02/2015 City Licensee City of Fort Worth Carbon Equity,L.P. By: By: Randle HarwocV, Director Name: Sti►ti Planning and Devel pme t Title: - r ATTEST: Approved As To Form and Legality ity Se ary Assistant Ci Attorney OFF°RT ACAS OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Page of 10 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on � , 201 by Randle Harwood, Director of the Planning and Dev lopm nt Department of the City of Fort Worth, on behalf the City of Fort Worth. (�)2 Ae W- A Notary PuW, State of Texas J.C.McCARTHY * floury rwor.Stops of Tom Cam.exp u0602 2414 //Oblry 10 4?�� Fri After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 11 Rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY 2015 Easement Encroachment Agreement-Commercial Page 10 of 11 Rev. 02/2015 Property Legal Description WHEREAS, Carbon Equity, L.P. is the owner of 6.5189 acres of land situated in the N.S. Creed Survey, Abstract No. 1898, City of Fort Worth,Tarrant County,Texas and being conveyed to Carbon Equity, L.P. as recorded in County Clerk's Document No. D214096063, Deed Records of Tarrant County,Texas,said 6.5189 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with cap stamped "GSES INC RPLS 4804"found at the most easterly northeast corner of the above mentioned 6.5189 acres of land,same being the southeast corner of Lot 1, Block 1, Hilton Garden Inn Addition, an Addition to the City of Fort Worth,Tarrant County,Texas as recorded in County Clerk's Document No. D209206246, Plat Records of Tarrant County,Texas; THENCE S 00 Degrees 35 Minutes 01 Seconds E, along the easterly line of said 6.5189 acres of land, a distance of 361.46 feet to a 1/2-inch iron rod with plastic cap stamped "Landes&Assoc."found at the southeast corner of said 6.5189 acres; THENCE S 89 Degrees 24 Minutes 59 Seconds W,along the south line of said 6.5189 acres,a distance of 579.93 feet to a 1/2-inch iron rod with plastic cap stamped "Landes&Assoc." found at the southwest corner of said 6.5189 acres in the east line of a tract of land conveyed to AIL Investment, L.P. as recorded in Volume 13130, Page 246, Deed Records of Tarrant County,Texas; THENCE N 00 Degrees 34 Minutes 52 Seconds W, along the west line of said 6.5189 acres and the east line of said AIL tract, a distance of 654.34 feet to a 5/8-inch iron rod with cap stamped "Dunaway Assoc. LP found at the northwest corner of said 6.5189 acres and the most westerly southwest corner of the aforementioned Lot 1, Block 1, Hilton Garden Inn Addition; THENCE N 89 Degrees 47 Minutes 47 Seconds E,along the common line of said 6.5189 acres and said Lot 1, a distance of 253.96 feet to a 5/8-inch iron rod with cap stamped " GSES INC RPLS 4804"found at the most northerly northeast corner of said 6.5189 acres; THENCE S 00 Degrees 48 Minutes 16 Seconds E, continuing along the common line of said 6.5189 acres and said Lot 1, a distance of 291.10 feet to a 5/8-inch iron rod with cap stamped"GSES INC RPLS 4804" found at an interior ell corner of said 6.5189 acres; THENCE N 89 Degrees 26 Minutes 01 Seconds E,continuing along said common line of said 6.5189 acres and said Lot 1,a distance of 324.82 feet to the PLACE OF BEGINNING and containing 6.5189 acres of land. EXHIBIT "A" Map of Encroachment and Easement 2015 Easement Encroachment Agreement-Commercial Page 11 of 11 Rev.02/2015 I ( zl ILi w LLJi I 'LII �I IQ Q s N i LU — w U M t c I I QI I 2 x o mW 0 1. I C w . .............. i — I J I -fi — Z N 7 I � WLU- C I ! IOLuQEC O t a w o EnU aQ l I ' aN c CJ O 3 — wQ a ;o woNo JI I I pm ELI ~ — �C cu CD066 o � (n Z I I ....... ............... Q m (n % — C ni s Zo� cn I I {w �w � U~ �' '' I I I I W ,� o to W ZI U Z WQ / I CL LU co I I� Q O of 0 cn I I Q 0 d co d a - .- - - ._ a I� c �d O WLn En I = U NITARY o z P [EMENT z. it <;o 3wCL CO ww V W OZ CK) �llWU � �l CLcn / ij� a0 Ram � � q O U _ LLi O / y NNI 031UUV-j RX t �MU ��$� a � i i+�i 's I ��b s gp4y�y�Ja+Iay(ap3pY5�y i` F$^ i i l iCF i i s 0 n. a 3 2{ ! ff BB Ey x IgI '11:1 <o�b I I LL w itis > : 0� g �� s��� s �� ? �C�j '1`� k€ }� C A fire _ W I SFS y ! , W Th _`N"saac? c Nac CZE- rl {//; alot � m F G tll ` JK 0',4C p yy d a W .....__ S _...... F p 4 ..:............ .......... ........................ . . . . . . . . . . . . .......... y :...:..:..:....:.....: .:.: p= : I t y ' t .... i .. .......... ............ n 41 c . yW a m m m s.g s I WWd $$ okit lid � ^V ii 111 11 < p r = y r a / I t ZZpp�pL ayy �ti�ff�-�*�"y jj y ly II I / I OVO ]SdM 3]l3Y � LG. Li C< t: F <2iT<`Old �L�eSt p■7rS i II 'JQ I yea I 3 1 33 I C 1 I ISI `• a ,i, F� I •t-- g NNI 031132iR/3 ¢jgi� JC, tr�p st 1 11 IRA v �9 r »� 'I s ■ I i I I ���' y 0 J a LL0 LL 3 Lu III I Yy N � ' SII b€ G21 in 4j 1 a� Fj■° �b < ISsg sI . 3 ! u- m c✓'`� 00 Elm 8$$ o • . _ - - - per, - - .Mlc�ls.oi /r.c.oalb - & t#�SY.OI ]YYISN LnS4 Q rardarc� I .w doe —0 W. crsc.-v.. 3 + 1101 1 'I F � I MM19 710TAP WW4.-Vw n. .. • .. I I I � :ttW l m ;fA 'ti b y z ,_._ - 1 orrawwlraavm. I ....................... r. ,Y,rr5wryrtYYis 1•J2 � 8} 0 =qs, g•. I, F� 'r a aar+�v.: gig fit .. 8 32 t. a - t t f • . w: r .. . . •' . r ii ..i :.. E.. .. ... 1 J x .. 1 I `... ! ..... ... fli7/R-'Fi.. � I + I N 4 1 lita I I I � C.Yati-Yi e tl ; r 8 a p • 8 G�OY[ 4IW 7 7 . _ __ _.. _ 3'7 7 - ... ...: ... WY7 Q00A.7! ad7larV JT�.i'Cilrw n uri n ue m SS ....... .. .. �._�. :.. ur VAS .. Q• (0702/137S7H M3773M)A7M.VM7d 1NOd1S3M to ... .:... m m 53 g AcoCERTIFICATE OF LIABILITY INSURANCEF514/2017 DATE(MM/DD/YYYY) 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: Box Insurance Agency PHONE 1 - FAX No: 1 -424-1404 1200 S. Main St., Ste 1600 I Grapevine TX 76051 ADDRESS:C rtificates boxinsur nce. m INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:United SpecialtyInsurance INSURED REIS-C3 INSURER B: Reising Contracting, LLC INSURER C: 2221 E.Continental Blvd.#140 INSURER D: South Lake TX 76092 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1419577215 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD/YY`Y A GENERAL LIABILITY Y Y BT01618556 8/4/2016 8/4/2017 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $100,000 CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY x PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN T LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT is OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-E4 EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT J$ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Development ACCORDANCE WITH THE POLICY PROVISIONS. Attn: David Schroeder, Planner 1000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any and all projects (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by "occur- Occurrence, Fire Damage and Medical Ex- rences" under COVERAGE A (SECTION 1), and pense continue to apply. However, instead of for all medical expenses caused by accidents being subject to the General Aggregate Limit under COVERAGE C (SECTION 1),which can be shown in the Declarations, such limits will be attributed only to ongoing operations at a single subject to the applicable Designated Con- designated construction project shown in the struction Project General Aggregate Limit. Schedule above: B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by "occur- General Aggregate Limit applies to each des- rences" under COVERAGE A (SECTION 1), and ignated construction project, and that limit is for all medical expenses caused by accidents equal to the amount of the General Aggregate under COVERAGE C (SECTION 1), which cannot Limit shown in the Declarations. be attributed only to ongoing operations at a sin- 2. The Designated Construction Project General gle designated construction project shown in the Aggregate Limit is the most we will pay for the Schedule above: sum of all damages under COVERAGE A, 1. Any payments made under COVERAGE A for except damages because of"bodily injury" or damages or under COVERAGE C for medical "property damage" included in the "products- expenses shall reduce the amount available completed operations hazard", and for medi- under the General Aggregate Limit or the cal expenses under COVERAGE C regard- Products-Completed Operations Aggregate less of the number of: Limit, whichever is applicable; and a. Insureds; 2. Such payments shall not reduce any Desig- b. Claims made or"suits" brought; or nated Construction Project General Aggre- c. Persons or organizations making claims or gate Limit. bringing "suits". C. When coverage for liability arising out of the 3. An payments made under COVERAGE A for "products-completed operations hazard" is pro- 3. P Y vided, any payments for damages because of damages or under COVERAGE C for medical "bodily injury" or "property damage" included in expenses shall reduce the Designated Con- the "products-completed operations hazard" will struction Project General Aggregate Limit for reduce the Products-Completed Operations Ag- that designated construction project. Such gregate Limit, and not reduce the General Ag- payments shall not reduce the General Ag- gregate Limit nor the Designated Construction gregate Limit shown in the Declarations nor Project General Aggregate Limit. shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ❑ Policy Number: Commercial General Liability CG 2010(07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organizations: Per Written Contract Location(s)of Covered Operations 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 Include as an additional insured the person(s)or these additional insureds,the following Organization(s)shown in the Schedule,but only additional exclusions apply: Whith respect to liability for"bodily injury,""property This insurance does not apply to Damage"or"personal and advertising injury" "bodily injury"or"property damage" Caused,in whole or in part,by: occurring after: 1. Your acts or omissions,or 1. All work,including materials,parts or 2. The acts or omissions of those acting on your equipment furnished in connection behalf; with such work,on the project(other in the performance of your ongoing operations for than service, maintenance or repairs) the additional insured(s)at the location(s)designated to be performed by or on behalf of above. the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties,Inc.,2004 Page 1 of 1