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HomeMy WebLinkAboutContract 39851 CITY SECRETARY CONTRACT NO,,.9„a, , ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § 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", and acting herein by and through its duly authorizedy 1 C-C- P 2L s,hereinafter referred to as "Grantee", Owner of the property located at ("Property") WITNESSETH: 1. 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, OFFICIAL RECORD CITY SECRETARY FT WORTH, TX sidewalks and other public rights-of-way, such Improvement(s) are described as follows: -51 o-r— 'D �? iZc>J� �T (� i �LT^ f WAR—T'-t 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 Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 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,j W o 8,UNDi?� S 11e&r� 6 vZDollars ($215- 7. ?S7. 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 7 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 pt day of �C�—� 2010. . City Grantee (Business Name) City of Fort Worth W-W �2oPG,2n 5, (N o• B /� -�� B YY: �L Susan Alanis, Name: ,Soti w (� kA 5r Director Title: V,ce- Planning and Development ATTEST: Approved As To Form And Legality Ad,M&,,-�14nd (/ ` City Secret y -o'd� � Assistant City Attorney o 0 �� moo° 0 00 o00*d n X00 00 � NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY 10 [.a: IVOR.TK TX 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 Susan Alanis, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this <;\)s day of 20 I 0 . Notary Public in and forktDe State of Texas Notary Public,State of Texas Zz r,r My commission Expires September 10, 2013 11 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 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 WTW P�OP�'> s, I Ly C- , , and in the capacity therein stated. GIVEN UNDER M HAND AND SEAL OF OFFICE this day of 20�O . ale �^ tar blic in and for the eA} H TAYLOR IAIiAI:i.te PFRIONS �! Na4ayPub' State of exas STATE OF TEXAS 1AKomr.Exp.0613012012 12 :� .� � r� — � � I , :.i ._. _; a� ;i �� i�� _ '� 4 4 \ 4 ,�� � - `' , � a r � ,, 1 _ ;�I�iL.�i;; � � _ f '- ��� h —��—1 — _t� _. I � - —�`esz��� y E iii63y � i. ! I �� �� ii � gl� li' s.-- ,�.� �. , r..r .� � . '� ,d �� � .� � 'fir� � '� L r '� , � ff_ I � T S _ �! --- N W E 0 30' WSCALE: V= 30' VeNee Bbn� Meter t Efi Metes and Bounds Description Comer In Bull&v fD1"'a Om6 N 1'39'E,3.T g Y. BEING a tract of land located in the M.Baugh Survey,Abstract No.106, same being all of Lot 2,Block 71,Original Town of Fort Worth,an �• 1 unrecorded subdivision to The City of Fort Worth,Tarrant County,Texas as sbown in the Brooks Baker books on file with the Tarrant County Clerk, same being all ofthat certain tract of land described by deed to 801 Grove, Oo Fort Worth Transportation Authority LTD and recorded in County Clerks File No.D207308544 and corrected in 00� Volume 13834,Page 503 County Clerks File No.D208329008 and corrected again in County Clerks 00 D.R.T.C.T. File No.D209002980 and being more particularly described by metes and bounds as follows(bearings referenced to north line ofsaid Lot 2 as shown Note: in said book): Unable b dotermine BUkOng Wall Location BEGINNING at a set-X-in concrete for the northwest comer ofsaid I of 5-Story 2,same being[be southeast corner ofthe intersection ofEasl 7tb Street(a Irick Building 60 foot right-of-way)and Grove Street(a 60 foot right-of-way)as shown in said Brooks Baker book; f00 THENCE North 60100'00"Fast with the south line ofsaid East 71h Street. 2 a distance of 100.00 feet to a point for the northwest corner of Lot 1,Block O. 71 ofsaid Original Town of Fort Worth,from which a found"Y"in 801 Grove Ltd. concrete bears North 51°39'East,a distance of 5.7 feet; cument No.207308544 THENCE South 30°00'00"East departing said south line and with the D.R.T.C.T. common line between said Lots 2 and 1,a distance of 100.00 feet to a set 5/8"capped iron rod marked"BHB INC"for the southwest comer ofsaid IRs Lot 1,the northwest comer of Lol 4 and the northeast comer of Lol 3 all of / For(Worth Transportation Authority said Original Town of Fort Worth: Volume 13834,Page 503 D.R.T.C.T. THENCE South 60°00'00"West with the common line between said Lots 2 and 3,a distance of 100.00 feet to a set"X"in concrete for the nonhwest / �LT O V K corner ofsaid Lot 3,from which a found P.K.Nail bears North 48°33'East, a distance of 0,5 feet,same being in the east line of the aforementioned 71 Grove Street; THENCE North 30100'00"West with the east line of said Grove Street,a 3 distance of 100.00 feel to(be POINT OF BEGINNING and containing 0,230 acres of land more or less. Fort Worth Transportation Authority Volume 13834,Page 503 D.R.T.C.T. 5 orE'gF.-Y \ Q.•.•. '.�.••.•�...... Boundary Survey . 4OHN G,MARGOTTA Lot 2,Block 71 '"'rr•'•••••••••••••••••' ..... Original Town of Fort Worth \F?9�5Cit of Fort Worth,Tarrant Court n,TCXBS • Cr 0.230 Acres )'} ••••••C,�Q bangan v.rvk ucwn].d ad co n to the S U PV G Crty ofFOA\5'oN1 Tamm County,Tuas Cert ID 24214 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE DDIYYYY) 2/3/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub International Rigg ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main Street, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort worth TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Underwriter's at Lloyds 15792 XTO Energy Inc.; Barnett Gathering, LP; Trend INSURERB: Hartford Casualty Insurance Cc 29424 Gathering & Treating, LP INSURER C: New Hampshire Insurance Co 23841 810 Houston Street, Suite 200 Fort Worth TX 76102 INSURER D: INSURER E: 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. INSRDD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR D F CE DATE MMIDDYY/ DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTE A X X COMMERCIAL GENERAL LIABILITY 205330 4/1/2009 4/1/2010 FREMSES(E.occurence) $ 100,000 CLAIMS MADE I X I OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY PE OT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S B X X ANY AUTO 46UENIY8502 7/28/2009 7/28/2010 (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) S PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A X OCCUR D CLAIMS MADE 205331 4/1/2009 4/1/2010 AGGREGATE $ 10,000,000 5 DEDUCTIBLE S X RETENTION S 10,000 $ C WORKERS COMPENSATION AND WC1591645 9/28/2009 9/28/2010 X WC STATU- I OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION PER WRITTEN AGREEMENT. WAIVER OF SUBROGATION IS IN FAVOR OF THE CITY OF FORT WORTH ON ALL POLICIES PER WRITTEN AGREEMENT. THIS INSURANCE SHALL NOT BE CANCELLED,MATERIALLY CHANGED, OR NON-RENEWED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO THE CITY, EXCEPT WHEN CANCELLED FOR NON-PAYMENT, IN WHICH CASE TEN (10) DAYS NOTICE IS REQUIRED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. FORT WORTH TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1 of 2 Cert ID 24214 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DA2/3/2DD/YYYY) 2/3/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub International Rigg ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main Street, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Worth TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Underwriter's at Lloyds 15792 XTO Energy Inc.; Barnett Gathering, LP; Trend INSURERS: Hartford Casualty Insurance Co 29424 Gathering & Treating, LP 810 Houston Street, Suite 200 INSURERC: New Hampshire Insurance Co 23841 Fort Worth TX 76102 INSURER D: INSURER E: 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. INSRDD' POLICY EFFECTIVE POLICY EXPIRATION LTR —TYPE INSURANCE POLICY NUMBER DATE MM/DD/YY DATE(MMIDDfYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X X COMMERCIAL GENERAL LIABILITY 205330 4/l/2009 4 1 2010 DAMAGE TO RENTED / / PREMISES Ea occurence $ 100,000 CLAIMS MADE Fx_]OCCUR MED EXP(Any one person) $ 5,000 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 PE 0 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X X ANY AUTO 46UENIY8502 7/28/2009 7/28/2010 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A X OCCUR 1-1 CLAIMS MADE 205331 4/1/2009 4/1/2010 AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 $ TH- C WORKERS COMPENSATION AND WC1591645 9/28/2009 9/28/2010 X TORY WC IIMIT ER EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000-'000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION PER WRITTEN AGREEMENT. WAIVER OF SUBROGATION IS IN FAVOR OF THE CITY OF FORT WORTH ON ALL POLICIES PER WRITTEN AGREEMENT. THIS INSURANCE SHALL NOT BE CANCELLED,MATERIALLY CHANGED, OR NON-RENEWED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO THE CITY, EXCEPT WHEN CANCELLED FOR NON-PAYMENT, IN WHICH CASE TEN (10) DAYS NOTICE IS REQUIRED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. FORT WORTH TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 Page 1 of 2