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HomeMy WebLinkAboutContract 41674 (2)rNCROACHMFN T AGRI-14/ 1- T STATE OF T1�XJAS S COUNTY OF TAR'\ANT § CITY SECRETARY, I I � � CONTRACT R9Cd. 4 THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "City", andFi°st Texas Horrifies, acting herein by and through its duly authorized Divisi "r OMO[iatq k lith Hard tv hereinafter referred to as "Grantee", Owner of the property located at 16IO Herittaom Trace Parkway. WITNFSS1 II-!e For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("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, such Improvement(s) are described as follows: Landscaping and irrigation. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 04-08-1 1 A 7 0: 53 IN Construction and placement of landscaping and an irrigation system in the general vicinity of 1701, 1699,1600,1599 and 1598 Heritage Trace Parkway; see Exhibit A The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, 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 Pudic Works, or his duly authorized representative, but such approval shall not ibility and liability for concept, design and computation pa• Y ninainseC 2 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights -of -way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment 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. 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, Grantee 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 referenced areas 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, Grantee understands and agrees that City shall bear no responsibility or liability for 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 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, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of two hundred seventy five Dollars ($275). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates and Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 4 9. It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ("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 right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 5 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, encroachment and uses. 12. Grantee 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. 13. Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 6 OFFICERS, AGENTS, 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 KIND 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 ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE 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 GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A". The amounts of such insurance shall be not less than the following: $1,000,000 Commercial General Liability with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B" Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 16. Grantee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. 8 In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION 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. 9 EXECUTED this day of \ n)-ji City Grantee City of Fort Worth First Texas Horses By: Ran • e Harwoo ` Name° Keith Hardesty Director Title: Division President Planning and Development Al 1 ES : 20 . By: I LyL Ay%cy Approved As To Form And Legality 4149) City Secretary Assis ant City Attorney Asa. o•MS);(1.11.4allbri AZYPAC>ei °LW Z1 47 0000 0000 tip ,A aals) A OY% a3: Pi a �`i© ri 0 o ,sey tatiliratirtetts 10 NO `,t.Qifi D 1 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 1 STATE OF TEXAS COUNTY OF TARRANT 9 BEFORE �!l l=, the undersigned authority, a Notary Public in and for the State of Texas, ©n this day personally appeared ersonaii a eared 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. /1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this izAbir , 20 t;. Py;•,, IRMA SAENZ S• 1,t: Notary Public, State of Texas AI !\ AlMy Commission Expires Vibe January 28, 2012 4e 11 (tun, acc Notary Public in and for the State of Texas day of • STATE OF TEXAS COUNTY OF iARRANi § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Keith Hardesty, 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 First Texas Homes, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this L ► r ,._,�t,,\ . 20 12 Notary Public in and for the State of Texas . • Q• ' _ i C4 . • �.•A \\ 1 tr R S i/ l • eX X • cn • • . rirs /, 4. © LI i nJ . `CIA T r - •' ('� . n f \\� '- s. Ff ttlo4`A\'. day of 150 0 75 150 SCALE: I"=I5or / Tract 1 0.286 Acre 5 /``-- PieNi G�E.,. f`-- 3 1/ tot / A 2 ti 7Q% - 5114" abih;* 48 eke, . 21 / / 22 f r % %., f / 23 ' 13/ \,- 24 12 / -' � kb 44-;�. ar / 0 \, t ` S41 "38'54»E s B.B'\ 11t.82.-', r. A,5). --44 0 --V N8544'28 11.73' First Texas Nome, Ina N65°44'281PW Instr. Na D210260522 11.27' • Aa'S %Otr /j, CCSA 9 • /hal \ 1,443‘>(‘,.- / b� /'O 'N toy` .i#? o� �,N God' /4 / PtiO4/ a. 49 ti� erg i First Texas Homes, lnc Instr. No. D210260522 iten-cs cp i();5 • #P.O.B. '* Tract 2 \ ewe '26'E 11.36 tier gs° °MS° 900>�t��9t \ 15 t` V ��•\1• `14 • 7,1 14?? 4..-.- Sy / 6 Tract 2 0.308 Acre J ' • ♦,/ 2 -/111 fy� I Block 28 �t 1 dOL Block 24 1 1 .IT Tract 1 N O.26 Acre Tract 2 e•► 0.308 Acre in the Josiah Walker Survey, Abstract No. 1600 City of Fort Worth Tarrant County, Texas 1 , «lock28% Block 25 f ea 11 „die"9: p /,.,, G_- iI1r / • ��I 13 \, 12 \ First Texas Homes, Inc. Instr. No. D210260522 16 -- -�_-"es' •+'i v t..,,- . t \ :f:s0000D90O,►t>J04gOa+s>OV M�OJ J6`t�dOt) J W. t AD MIURLEYlib �(iNOf}O ffO f` so •.t7 ff'�A�•n�M�l 3802 lei enriet%‘ S10 -%<:kiintr rthur Surveying Co., Inc. _Professional Land 6.4, 1/4J'A. P.O.Hox 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Far (972) 221-4675 Fstatblished 1986 ., ru+s.c ..� Z 1 1 2 1C t . w urea 1 _, ~ Itr. M e , s.rr1Y>''• ' ' kiZ. T wy, latta417E0 i.1 II 1. 1rTaxr r,MSr7E'►iT c '4'. N.V. rr 11 . &-4..7.I,G.11190 s. 1 .14 � h A C) Zia e. =4t3 Pa tit ta :t.Sr401( Imts >'LMT CORP. N.V. (TRACT 11 .6'Rxt.4G.11t"� C171 9/ faI 41•11wt1. �: 11 .'N• 'Uhl • .a 1h 11, .uf•t MAGA cv - e;14;,Ir1� • 190. 00' i -- S00' 06" 40'ir ;SE9"53'20"E t1.00' rt tr. w I al. SQ9a 53' 20' E '130 11 t {i' l mu- IS.Pt t.3, w aS. {i. w S in' sr rya I . r. • F Ix s J7( 11 k 10� 1� :1ti1 F(W t POPr14. i r11. 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LlOr 21 „fr • • igioS• Oa • • co eV • at • efro Adrk 44. • Fv, 1 arm wawa f1.200 Aqaba 11. 3040 mursacr win GRAPHIC Co' 14:414 260. 04' 6 • SCALE IN FEET . SlA204•E sr 6 • • k. NO Fro:: rwa;7. L70. 1-v29. TV LOT TAIRA.AT ION M• OCK BC OCK BLOCK oLOCX sLocx IX Oa BtOCX BLOCx et OCx BLOCx 04 LOTS 12 11 LOTS 1 3 IT LOTS 15 11 LOTS 1 6 24 LOTS 1 IS 31 LOTS 21 02 LOTS 01 LOT TOTAL 722 LOTS 3 OPEN SPACES Am0 AMENITY CENTER) 150 THIS PLAT FILE° IN CABINET_A_SLIDE NO._ A FINAL PLAT ' LOTS 1-11, BLOCK 12 # LOTS 1 LOTS 1-24, BLOCK 16 $ LOTS 1 LOTS 1-2, BLOCK 23 # LOT PRESIDIO 0 I 0 0 N 0 r :J19 O3)I3 H3 CREOSOTE O/UVE NWiNI ABSONI1 0001.. 1MNL v z co :b39Wf1N 9Of - ev: -.:o- 0 HERITAGE TRACE PARKWAY SOp ..,is. sn. 0.1ij .u.a.ua,1C U11.vui.. .ice. w2 .h l,c aaeu ou !L..:. ._.. •�. Landscape laic A r---dl.;aW- J: Ian (J b,,. ...r b. 12*l IA1 e, 21 v 1111, ot.h. DMA S.ASSE Owen 1 la.h „11.1• .1.1h. ..4,1 Fern ...on II 2*. fyd —'4q-11r 0...1 Leaf Twos S.11 Tr _s GO. ,car b.r meows. awes 100•1 IMP• Slwewn 191r41 PROJECT: FIRST TEXAS HOMES HARMON RANCH SUBDIVISION HERITAGE TRACE PARKWAY @ 1511 & 1599 CREOSOTE FT. WORTH, TEXAS 0 au-ExwAPTION: ME®M L Johnson and Associates PO Box 460897 Garland Texas 75046 972-442-7758 "J 1 72-442-4353 Fax www.mljlandscaping.com 0 HERITAGE TRACE PARKWAY n R. 9 U) Q) all E o 8 // Q C 'O CU 0. / C N.LL. (d 0) a0 N S,1 N ti C')M C 1 mm mm 100 ' 1 ]! 1.111 a a A 3 a a& i n )' / i • 1 1 a va X 0 m N 1 1 E 2 Q O o REVISIONS: None DATE: 11/1/2010 JOB NUMBER: 12345 DRAWN BY: LINDSEY INMAN CHECKED BY: Same SCALE: 1"=100' SHEET: 2 of 2 Landscape 11.661,16611116.6 'Fry 11Mw: w / 6.rW C6666. Wh. lata..6 Ca la Haan 6 C. 6666 .�6w .6w n61 6d11.IYwn 1W ..a6 6 6a.e . D. SOD ► d►s►i`►o►eroko 'ice►•►14►' 04.4 d HERITAGE TRACE PARKWAY TYPICAL MONUMENT AND ROW PLANTING 1"=20' f f ■ 1 .•� 1 .I • J 1 1 • rxhib-f-4 - N m 0 Irrigation F11 11'1 I I S.d ory O.vIwI 1 1 M 'Lind VIvh !,f w.axtn mbr m.tarr. 11-.Doo 660 - 1 1/2• 2t1 1 0 I at.m fuel xt 1-10p t:urM Y-Iftrralners / Mars I icca:ao-• 1 .boo e6.0*-1 117 NI ��,, � 1 k�Yj i!!^ra I Wand Urr. $ tax i I t;wua n,�a- M +l;.... Iuri i.1r! I14814.41 11 j_INd•fim TLCV14E cp m :AEI a3)I33H3 tJ r 1.2M_ uosqn v uyor 0 Z .A. co �:-..... 1 ..1. _.. Part Number 1►rMwn 1 Flog 11{atgwJ I coo • 1 117 1 xcc• o1N wµ l4307 K017-t X1 `Jt 1 WU TLCV4.1A :113ew1IN 8or 0 m 0 CO 0 Zm 0 N m z cn 2 1- PROJECT: First Texas Homes Harmon Ranch Subdivision Heritage Trace Pkwy @ 1511 & 1599 Creosote Dr. Fort Worth, Texas • 0 �SHET DESCRIPTION: mga ion an Irrigation in Texas is regulated by The Texas Commission on Environmental Quality (TCEQ) (MC-178) PO Box 13087 Austin, TX 78711-3087 Http:\\www.tceq.state.tx.us 0 M L Johnson and Associates PO Box 460897 Garland Texas 75046 972-442-7758 972-442-4353 Fax www.mljlandscaping.com Iv Q Irrigation w.ive aou u.aotstwnl 1 (mi A 11 inch meter Apw'4y�yyy.. rtaf5 �.QI` I 11 Ln n D r m repo° epu - 1 11C 1 NsINlln 11 G1/i1.1 e aa) 3 :A9 03NO3H0 • -.-..................................... IiL" —f ................................•7 ♦Imo' --•-_ �L - uosgie y uuor P 1 Nu1nWr I rr...un rhow A.amu. I0Du -1 t/L. I 1 ALL-5UU WAY I 143t7 r Klilt t. 1 1 CVp-111 v z -cri :213Ig1,4f1N Igor 0 co Z m o < o z 0 PROJECT: First Texas Homes Harmon Ranch Subdivision Heritage Trace Pkwy (c� 1511 & 1599 Creosote Dr. Fort Worth, Texas i• ti I• SHEET DESCRIPTION: mga Ion an Irrigation in Texas is regulated by The Texas Commission on Environmental Quality (TCEQ) (MC-178) PO Box 13087 Austin, TX 78711-3087 Http:\\www.tceq.state.tx.us • r • ♦ N. A1. SPY N. \ • N. X. N. M L Johnson and Associates PO Box 460897 Garland Texas 75046 972-442-7758 972-442-4353 Fax www.mljlandscaping.com ACORQ CERTUHCATrT LIABIU_Fflf PRODUCER 214.423.3333 FAX 214.423.3350 Scarbrough Medlin & Associates, Inc. 5700 Granite Pkwy, #500 Plano, TX 75024 INSURED Harmon Ranch Homeowners Association, Inc. DBA: c/o Singer Management Association 7301 N. State Hwy 161, #360 Irving, TX 75039 NSURANCE DATE (M M/D D/YYYY ) 02/24/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Republic Lloyds Great American Insurance Co/Distinguished COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM POUCY EFFECTIVE POUCY EXPIRATION LTR 'NSRr TYPE OF INSURANCE POUCY NUMBER n qTE (MMIDD/YY) DATF (MMI DPnef) GENERAL UABIUTY CMP5542028 02/11/2011 02/11/2012 A B X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: A POLICY n JET ri LOC AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABIUTY ANY AUTO EXCESS/UMBRELLA UABIUTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER Directors & Officers Liability EPP3302671 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS (Ea ocrcurenrA) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG I $ 1 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ AUTO ONLY - EA ACCIDENT 1 $ EA ACC I $ AGG I $ EACH OCCURRENCE I $ AGGREGATE I $ OTHER THAN AUTO ONLY WC STATU- TORY LIMITS I 1 OTH- FR $ 1,000,000 100,000 5,000 1,000,000 2,000,0001 2,000,000 E.L. EACH ACCIDENT 1 $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I $ 02/11/2011 02/11/2012 Limit: 8,000,000 Retention: $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER ritv of Fnrt Wnrth CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE! CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.