Loading...
HomeMy WebLinkAboutContract 47541 PECgivn c1TV SECRETAW FEBCOMAC7 M. 2 52016 � RIGHT OF WAY CITYORFORTWORTy C�n,$F ENCROACHMENT AGREEMENT CRETARY � (COMMERCIAL) THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas ("City"), acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Anthracite Realty Partners, LLC, a Texas limited liability company "Licensee", acting herein by and through its duly authorized Manager, the owner of the real property located at 640 Taylor Street, Fort Worth, Texas 76107 ("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 street, alley, sidewalk, and/or other public right-of- way(individually or collectively,the"Public Right-of-Way") adjacent to 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 Public Right-of-Way; 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 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, use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose of construction and operation of an office building and parking garage above and below the current surface of the Public Right-of-Way (whether one or more, the "Improvements") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attached hereto. Upon completion of the Improvements, 2015 ROW Encroachment Agreement-Commercial OFFICIAL RECORD Page 1 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC GAVINSHCRETh-RV rev. 02/2015 lio �&()i RT'C 9 T711 I Licensee further agrees to reopen and to not unreasonably interfere with the use and operation by City of the surface of the Public Right-of-Way as a public sidewalk, subject to closure only as reasonably necessary for maintenance of the Improvements by Licensee and maintenance of the Public Right-of-Way by City. 2. All construction, maintenance and operation in connection with such Improvements, 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 City's Director of Transportation and Public Works, 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 Improvements. Licensee shall not commence construction of the Improvements 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 completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the Public Right-of-Way, except as described herein and depicted on Exhibit "A". 4. Licensee, 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 any affected utility companies and the appropriate agencies of the State of Texas 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, Licensee shall pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 5. 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 2015 ROW Encroachment Agreement-Commercial Page 2 of 12 640 Taylor Street.—Anthracite Realty Partners, LLC rev. 02/2015 other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Improvements 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 Improvments 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. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$575.00 in order to defiay all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. 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 and any lender of the Property of which City has written notice in writing of the non-compliance, and if not cured by Licensee or such lender 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 or such lender fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City make adequate provisions for the continued satisfaction of the obligations of Licensee under this Agreement. 9. It is further understood and agreed between the parties hereto that the Public Right-of-Way 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 public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Texas 2015 ROW Encroachment Agreement-Commercial Page 3 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 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 Improvements or the Property for an office building, parking garage, or activities related thereto, including but not 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 this Agreement may be modified by the governing body of the City so as to allow for such use. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements 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 any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions 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 and maintenance of the Improvements, encroachment and uses. 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. 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, 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. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 2015 ROW Encroachment Agreement-Commercial Page 4 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 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 IMPROVEMENTS 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, 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 ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 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 public liability insurance covering all public risks related to the proposed use and occupancy of public property as described or depicted 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 promptly 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 all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. 2015 ROW Encroachment Agreement-Commercial Page 5 of 12 640 Taylor Street.—Anthracite Realty Partners, LLC rev. 02/2015 Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the 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. 17. 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. 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 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 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days after 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. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. 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. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement-Commercial Page 6 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. City: Licensee: CITY OF FORT WORTH, ANTHRACITE REALTY PARTNERS, LLC By: Anthracite Investment Company, Inc. its Manager By: By: Randall Harwood ( Name: Gregory A. Bird Director Title: President Planning and Development Department Date: Rr Go* �yp 0 ATTEST: $ 0 oved As To Form and Legality a 06�0000000a6 � X, v City Secretary Assistant City Attorney M&C Number: Approved by City Council: VeVAJ OFFICIAL RECORD CITYWSECRETARY FT. WORTHY TX 2015 ROW Encroachment Agreement-Commercial Page 7 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This in ibe t was acknowledged before me on , 201 dall Haod, Director of the Planning and Development D p ment of the City of Fort Worth, half the City of Fort Worth. CASSANDRA F. FOREMAN `�O PRY pve( Notary Public,State of Texas Notary Public, State of Texas 'w +�y My Commission Expires April 26, 2017 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 ROW Encroachment Agreement-Commercial Page 8 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev.02/2015 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 Gregory A. Bird, President of Anthracite Investment Company, Inc., 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 Anthracite Investment Company, Inc., a Texas corporation and the Manager of Anthracite Realty Partners, LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of IqOl1_M bW , 20_[5 . QDMYALICIA CARTER Notary Public in and for the Notary Public STATE OF TEXAS State of Texas Comm.Exp.July 23,2018 2015 ROW Encroachment Agreement-Commercial Page 9 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY Lot 1-R, Block 100, ORIGINAL TOWN OF FORT WORTH, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in County Cleric's File No. D209069792 of the Real Property Records of Tarrant County, Texas 2015 ROW Encroachment Agreement-Commercial Page 10 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 EXHIBIT"A" Location and Description of Encroachment and Improvements 2015 ROW Encroachment Agreement-Commercial Page 11 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 / o t � 0 I Ln H Ln Lij V ci , < TAYLOR STREET T it t ' LIL- W NO t -� 41 or LL ; o ? o Q amb X 0 d' EL 8 w �. W W , U 3 W ol t� 3 3 ! LAMAR S EET Mnow + mCID 0) ! $ aO� 6c� $ aa4 CCCQo333 cS 6rnp•y3—Mo,d\juawaaj6V 1uaw4:)emw3\s!ej4!wgnS/7!:)\£00\awapuodsa»oD\196i008\006T00\OOSuolpnpojd\wa}sAs a18\won4\\:H LM11d WV LV8 UV 9TOZ'Zi tienjgaj'Aepuj:NO u!lsnv Wei:A8 431101d 4} o LU LL, LO LU NO V) LU o CO Zl- LU 0 0ui u 0 z 0 0 0 Q) LU L6 00000 MEMMERVISM SLUMNEWOM PPM pp- z 133&15 &VPYV7 6mp,V3—Mo,d\juawaaj6V juaLuq)eoj:)u3\sle4l!ujqnS AI!D\Eoo\a:)uapuodsajlo:)\IgbTOOO\OOVTOO\OoSuolpnPOJd\walsAs al6\L4joA,4j\\:H1Vd3llA WV ZVS:IV9TOZ'ZI Aienjqaj'AeppA:No upsnv'jiLj:),a 091101d s&s a `at&D �.=;gex gee D':d gea sk Txce 'C.f de Enb� [ gD E r S 8 i €, .-1€ E. !Q€ H & e,` .Y ia` g F�neA ,z '°€> tip € i<•. ``z l z 7 'U, iv w ' 1246 o� f mil I 2 a 1 I i Ioo I I �Ld� c --- TAYLOR STREET eo wine awmm.oF-w�h a _ \ RX 12 . I a J Nj Cy `•''•\ 3a 2 '3 1 I 20 i'sjoEpm2 m`'z�U�+1 -.".:I-=:' � �• zz Zt�W 1 = N I m .F I `O2a y<R �2 iK 1 a � 3 �n 40 25'u � m oa y pow WW I 8NY �IN 2p 225m ay uCQ WmC _~ 4 .' �- 1 BUtlONc OYFRHANG— _ t K N i c --- LAMAR STREET N�<.. f IsC WIDE nfGfrt-0F4/t) woV2 I=~� Fxo�z 3W cJ a2�i I cx&�? luw oc w o �< <k'wi�, Ic� k� W 11 p <F F W p O�i I F I Y 1 a1 M 22 a 4p I �F�s w I I z o y E� hlp ¢ Q � S £�i41 e� 2¢ Y ^}bk !� 2�,ae 8 ��a3� c.� k �'�E � A:. �'R K -`�•Y• �O � '� 3 5= q, �junpm a � ` '� �tY� � �:`.=a � FLaN� �� �� £ _£ t`c � a' a• a � 3F i, 6 tea=ar g t .tt.=a o Set .f a s e a o to € F c - Z � L c .. .. ___. .. � ? .. L C _ .. � � _ _ f `.fi[�• . . o_,tdu mt� Kuoo �uWWic<i¢ 2<e.ap N` QOW WSW�� 9i2�Ikr42Q 0¢�i�g'W'i W1N 2aj oto trxwu�";2i}'�21<Z Q�yu 41ANN «amu ayeUu� i �_�iNONaW >W�2u 2�i�o WK.,nrN.,y WeN oin e R — _ ' TAYLOR STREET �W o 2 2.+ • \��\ H ti O F p S 2 4Li at ig�x� I � k fill (amu 8 is �ba/�I 4 WUUp Wzj 2W 3 N ¢ o �Ca Ij! So 1 - d �,/''� Y r� v70��yj i �••oG t N�•j<`)j e3•°h IW ,2 mTnm N <N O ♦K�b�1` 4.Joch^ oy J`py 0W 02W .2�i O4�h w f ELI Wy C O O�Ibhm'-ttoh -till Pn,!$tuY � �€ 2¢ aF ': SH LHUI � e_ 8�3 kill / teal>ON',N�,.W'"n3ma E Lt"' 1 _ 222�\ N tib 4'Y ^i Id' .' U�4 u¢S _ 20U N2�2WN¢2WN¢2W 1 m ��ZNn I2LI�4h i Q� ? LAMAR STREET Nom- - IEV WIDE PWIiT#AYt ... ,x _. ? r ¢ ,// <0 UYi if 4ih� W Ih' 2 h Um WbN c / ,I^�S"$PNIF ((,, ? S 4'm((cc22W22"+4:'Su _ 'Yr$mw 4 uWg+ry-S$ ( I �'W n �xY"ae=w'y Yo✓r+ax i�N�Y' ��3�k'.+� mg•e >m ih� 2., ¢�h < ¢Nn PuWt`tyy�W k'tih MN 3.2an ¢ �'2�<Oq•.r�I.0 i�2 ' 3'2n 2Nhn�2 P.i���h�F> k'N�IN 'H L'i( hv>^ i� �u"Nn t� m t�L"�44W<tiN �ttuu"I me_ N4 `F ='z's� I c c2au°jnam ZN23 Ian K1 lf- (cbNblis`<V�bN <4 t8 tUHON�3 �V0�0N _ Vhe��3nh 4 ♦�M{"ii QR"2W k NU N�222 I-b2t"ZG Xp m. 2W k h♦ 2W Y O o0 1�2W xlSio�2W O ;•un• hLN�i ht♦ 04MN•oN TCN IWW.m < N �I 414 22 h4 mIW 23 m., o•I 2� H •1,W p IL'ip�u N iW 122tl �N ' 1 O 2•h2W.m 2¢ ` _42 w 1`^n`J� u 3a -`tea ry�(�N _ ES •1 ,..4 * 4 � 20 z N U� S Z W s 0 w1-3 Qor� • I I \\ I I 1 I I 1 \ I \ \ 1 1 € t \ it Ig 1 1 1 d 1 i 1 i I 1 1 ' � I \ -------'I-'E-1 _ 1 L_-�•. J L J_ J n � - 1 p `FG3 i ��tra i z 4 IR ax �3a Gs� Ftp?o3 aF € FZ ? g` '4- oN keg € ' e" "� ✓-_ � .�W Ffzh-es Vim` @za a .x vg 4 $.{.�f-£ �C -S r EF s4`�aaG A'tfE' FY�� k. 9 Q € c=� an.x zavax8 I g b�j_€s SeoEa 4 I , UYinatr1119+3 VTL9) ..-.... 133llLS H19'M . - -_ ' 2 LD O= _ _ = a 1A i 1lpBCTA_37BIJ00 y - _ N 71Y16M LU po� 73sJLs tT9 hrro3 mjaaddr mSf�O Z�JOn J(9Yd) R2 22 vi w W 'rrolsnv $ W o�o22aea�) <Zj� I-553AYJ-Y1f+0-Y15 - W.. _ UOO-Z (1 (MN)68'019' 1/10 92I : 1 1-$9 3 Y1 t'/1-1210 5 y_� 09 t19.1f Z LO U WUS5bjs2. lL" 91i . az¢F :.t - z - - aXUU -- Ot 1MAYY3.703187100 O1 L _ V 3f vv 700 atldT-.9 +� — _- -6020-Dd7-01':EC fY'ON o dHN 4"N3U:3 9� _ Cs809 1i o IAVMytr11191tl 34 A9) -� — H/IS9 l'3d4t Y!0 S Y Sc - j2Wp ,qn 22Jlon 22�W 'n 2W22U1pww y 2C�+p bh�N v1� 4 InN 3_ !w7 Wk`o2 o�IB jp 1 WW2 W.r�bh,2 WubN^ N�bb ,� y�bN 2LL f4_o2j;bN 1}W+ 1 Ugp2W* b 2Wry � 2W C 2W � kkW'''N ppp 2W � 1 O gW�O h o N O N 'b QY�F 3�Zbb'p �4 ¢ W:pj Nb w not; N ' TJ SZJ3NI2JVd 3j-t:)VHHINV cq ---------- ---- ----------- ------------ -----------g- ----I-r------ --------14---- --- ---- -------------- -J-4 - ----------- ..... -------- --- ----------- ifi, !,x SZJ3NidVd ............... 31[DVHHINV - --------- ----------- T T --------------------- o ..... .. ....- I II II I z---- --------- T---------- t A Lo tlE rg HEN H , " u R, --------------- ---------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r=T 77 P9, 1 .................... C) -1 1 1 I I W I a I m I I F 0 0 EXHIBIT "B" Certificate of Insurance 2015 ROW Encroachment Agreement-Commercial Page 12 of 12 640 Taylor Street.—Anthracite Realty Partners,LLC rev. 02/2015 ACS CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE110/14/2015 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 CONNAME:TACT Gaye Trammell FA MHBT AHCN o Ext: 7 8 7-3660 A/C No 301 Commerce Street E-MAILs: e b.co Suite 2201 Fort Worth TX 76102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:St. PaulFire& Marine Insurance Go 24767 INSURED INSURERB:Travelers Casualty and Surety Coma 31194 Jetta Operating Company, Inc. INSURER C: (see below) INSURER D: 777 Taylor Street, Suite PI Fort Worth TX 76102 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1212053503 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/YYYY MM/DD/YYYY A GENERAL LIABILITY ZLP10T9065115N4 8/1/2015 8/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY PREMISES OEa occu ence $1,000,000 CLAIMS-MADE K 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 X POLICY PRO LOC S&A Pollution $Included A AUTOMOBILE LIABILITY ZLP10T9065115N4 8/1/2015 8/1/2016 Ea accidED SINGLE CrUTT— ent $1,000,000 AINY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOOr AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Peraccident $ X $ A X UMBRELLA LIABOCCUR ZLP10T9065115N4 8/1/2015 8/1/2016 EACH OCCURRENCE $25,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $25,000,000 DED X I RETENTION$10,000 $ B WORKERS COMPENSATION HAUB5621 LO2515 8/1/2015 8/1/2016 X WC STATU- OTH- AND EMPLOYERS'LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE[--] NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Named insured continued:Jetta Operating Company, Inc.;Jetta Operating Appalachia, LLC;Journey Acquisition II, LP; Jetta Energy Resources, LLC;Jetta Oil&Gas LP;Jetta Energy Resources II, LLC;Jetta Energy Resources III, LLC;Jetta IIIG, LLC;Anthracite Field Services, LLC Additional Insured form#OG037 edition 03/06 applies to the General Liability policy. Additional Insured form#A0265 edition 09/03 applies to the Business Auto policy. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A4 O ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT Jetta Operating Company, Inc. POLICY NUMBER (see below)777 Taylor Street, Suite PI Fort Worth TX 76102 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation form#OG028 edition 01/04 applies to the General Liability policy. Waiver of Subrogation form#A0186 edition 04/00 applies to the Business Auto policy. Waiver of subrogation form#WC420304 edition 01/00 applies to the Workers Compensation policy. Waiver of subrogation form#WC000313(01/00)applies to the Workers'Compensation policy. Primary&Non-Contributory General Liability form#OG001 edition 01/04 Notice of Cancellation form#D0084 edition 10/00 applies to the General Liability,Automobile Liability and Excess Liability policy. Notice of Cancellation form#WC990611(A)applies to the Workers'Compensation. The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability,Automobile Liability,Workers'Compensation and Excess liability policies include a blanket notice of cancellation to the certificate holder endorsement, providing for(30)days advance written notice if the policy is canceled by the company, or 10 days written notice before the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. Re:640 Taylor Street, Fort Worth,TX 76102 Anthracite Realty Partners, LLC included as named insured ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD