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HomeMy WebLinkAboutContract 48184 crYSECRUARY I W CONTRACT NO.—AE SEP 2305, EASEMENT ENCROACHMENT LICENSE AGREEMENT (!!1 OMRYWORTFI Commercial CI!Y SEG�� 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 by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and RJ FW COMMERCIAL LLC, an Idaho limited liability company, and HC ARLINGTON CHARTER LLC, an Idaho limited liability company ("Licensee"), respectively acting by and through its duly authorized manager and authorized agent, owner of the real property located at 2201 Heritage Trace Parkway, Fort Worth, TX 76711 ("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 (i) a 30 foot wide drainage easement and (ii) a 30 foot wide access, water line, and sanitary sewer line easement (collectively the "Easements") 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 Easements; 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 the covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy portions of the Easements for the purpose of constructing, maintaining,modifying, and replacing (i) a sign (whether one or more) and (ii) storm sewer pipelines (collectively the "Encroachments") as described in and at the locations shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachments, Licensee agrees to be responsible for maintaining the Encroachments within and above the Easements. 2015 Easement Encroachment Agreement-Commercial ®FFICIAL.RE(a,®RQ Page I of 1 I CITY SECRETARY Rev, 0212015 FT.WORTH, TX Licensee shall not expand or otherwise cause the Encroachments to further infringe in or on Easements beyond what is specifically described in the Exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachments, 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 direction of either 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 appropriate Director or his or her duly authorized representative prior to the construction of the Encroachments. Licensee shall not commence construction of each of the Encroachments until receiving written approval by the appropriate 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 Encroachments 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 Encroachments and uses provided for in this Agreement, Licensee shall pay to City an amount equal to such additional cost as reasonably determined by either the Director of Transportation and Public Works or the Director of the Water Department, as applicable, 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 I 1 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 after notice and opportunity to cure as described herein. 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 within 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 Easements 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 Easements 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 Easements for the use and benefit of the public. It is accordingly agreed that if the City's governing body at any time during the term hereof determines in its sole discretion to use or cause or permit the Easements to be used for any other public purpose, that does not preclude the use of the Encroachments 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 Encroachments 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 ENCROACHMENTS 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 1 1 Rev. 02/2015 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 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 Encroachments and the cleaning and restoration of the Easements. 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 Encroachments and uses. 2015 Easement Encroachment Agreement-Commercial Page 4 of I 1 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 Encroachments over or within the Easements and is not a conveyance of any right, title or interest in or to the Easements 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 2015 Easement Encroachment Agreement-Commercial Page 5 of 1 l Rev. 02/2015 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 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 1 1 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 F RT RTH RJ FW COMMERCIAL LLC By: First Amercian Exchange, LLC, By: a Delaware limited liability company andle H440-0-? Title: Sp Director J�� Planning and Developm t ByC/� 1 l�G Date: 200 Mark A. Bullock, Authorized Person HC ARLINGTON CHARTER LLC By: Print Nam Sk Its: .►�w•� `DOSDOCp�1�J/D`� - ATTEST: ®� °a Approved As To Form and Legality City S etas MIA Assistant Aty Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev.02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before m , 20?C by Randall Harwood, Director of the Planning an Dev opment D artmen of the City of Fort Worth, on behalf the City of Fort Worth. Notary Public, State of Texas D:Pny P4g�q, CASSANDRA F. FOREMAN =_. .fq Notary Public.State of Texas 4* My Commisslon Expires April 26, 2017 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 1 1 Rev. 02/2015 STATE OF UTAH § COUNTY OF f § The foregoing instrument was acknowledged before me this 20_1_V,by Mark A. Bullock as Authorized Person of First American change, LLC, as Manager of RJ FW Commercial LLC. Notary Public t JENNY ANDERSON 8 NOTARY PUBLIC ' q ` Ccxnrrdasion WM5762 My Commisamn Expires My commission expires: .�° octoier20,2019 Residing at: State of Utah STATE OF IDAHO ) S.S. County of - zt ) On this day of C ZL�7 _, 2016, before me, the undersigned iK �G�K /yrs known or identified Notary Public, personally appeared �� G; , to me, to be the Manager of the limited liability company who executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. . n DEIDRE A. BROWN NOTARY PUBLIC Notary Public STATE OF IDAHO Commission Expires: b10 I/ A. 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Rev. 02/2015 LEGAL DESCRIPTION OF THE PROPERTY 2015 Easement Encroachment Agreement-Commercial Page 10 of I 1 Rev. 02/2015 METES&BOUNDS DESCRIPTION BEING A 6.231 ACRE TRACT OF LAND LOCATED IN THE WILLIAM MCCOWEN SURVEY,ABSTRACT NO. 999,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,BEING ALL OF A CALLED 6.231 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO RJ FW COMMERCIAL LLC, AN IDAHO LIMITED LIABILITY COMPANY,AS TO AN UNDIVIDED FIFTY PERCENT(50%)INTEREST AND HC ARLINGTON CHARTER LLC, AN IDAHO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D215220612,OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS(OPRTCT), SAID 6.231 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES&BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH CAPPED IRON ROD SET STAMPED"MYCOSKIE MCINNIS"ON THE NORTH RIGHT-OF-WAY LINE OF HERITAGE TRACE PARKWAY,A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY, BEING THE SOUTHEAST CORNER OF A RIGHT-OF-WAY DEDICATION FOR LOT 1,BLOCK 1,I.L.TEXAS ADDITION,AN ADDITION TO THE CITY OF FORTH WORTH,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO.D214060708,OPRTCT,FROM WHICH A 5/8 INCH CAPPED IRON ROD SET STAMPED"MYCOSKIE MCINNIS"FOR THE SOUTHWEST CORNER OF SAID RIGHT-OF-WAY DEDICATION BEARS SOUTH 89 DEGREES 35 MINUTES 35 SECONDS WEST, A DISTANCE OF 721.95 FEET, SAID BEGINNING POINT HAVING A NAD 83 TEXAS COORDINATE SYSTEM POSITION(GRID)OF N:7017755.4 E:2329165.2(BEARINGS&COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 -TEXAS COORDINATE SYSTEM-NORTH CENTRAL ZONE,4202,BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK); THENCE NORTH 00 DEGREES 25 MINUTES 00 SOUTH WEST,DEPARTING SAID NORTH RIGHT-OF- WAY LINE AND ALONG THE EAST LINE OF SAID LOT 1,BLOCK 1,AT A DISTANCE OF 5.00 FEET, PASSING A 5/8 INCH CAPPED IRON ROD STAMPED "MYCOSKIE MCINNIS" FOR THE SOUTHEAST CORNER OF SAID LOT 1,BLOCK I,AND CONTINUING IN ALL A TOTAL DISTANCE OF 710.82 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS", FROM WHICH A 5/8 INCH CAPPED IRON ROD FOUND STAMPED"CARTER&BURGESS"FOR THE SOUTHEAST CORNER OF LOT 3,BLOCK 15,TEHAMA RIDGE,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY, TEXAS,ACCORDING TO THE PLAT RECORDED IN CABINET A,SLIDE 9620,PLAT RECORDS,TARRANT COUNTY,TEXAS(PRTCT), BEARS NORTH 27 DEGREES 56 MINUTES 04 SECONDS WEST,A DISTANCE OF 81.93 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 13 SECONDS EAST,A DISTANCE OF 172.10 FEET,TO A 5/8 INCH CAPPED IRON ROD SET STAMPED"MYCOSKIE MCINNIS"ON THE WEST RIGHT-OF-WAY LINE OF TEHAMA RIDGE PARKWAY,AN 80'PUBLIC RIGHT-OF-WAY,BEING ON A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 540.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT,AND IN A SOUTHEASTERLY DIRECTION,THROUGH A CENTRAL ANGLE OF 04 DEGREES 43 MINUTES 52 SECONDS,AN ARC LENGTH OF 44.59 FEET,AND HAVING A LONG CHORD WHICH BEARS SOUTH 41 DEGREES 07 MINUTES 19 SECONDS EAST, A CHORD LENGTH OF 44.58 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS"; THENCE SOUTH 43 DEGREES 29 MINUTES 15 SECONDS EAST, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 346.26 FEET,TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS",BEING AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT,AND IN A SOUTHEASTERLY DIRECTION,THROUGH A CENTRAL ANGLE OF 28 DEGREES 33 MINUTES 38 SECONDS,AN ARC LENGTH OF 229.30 FEET,AND HAVING A LONG CHORDS WHICH BEARS SOUTH 29 DEGREES 12 MINUTES 26 SECONDS EAST,A CHORD LENGTH OF 226.93 FEET, TO A 1/2 INCH CAPPED IRON ROD FOUND STAMPED "PRISM SURVEY",BEING THE NORTHEAST CORNER OF LOT 27,BLOCK 15,TEHAMA RIDGE,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO,D21201481 I,OPRTCT,FROM WHICH A 1/2 INCH CAPPED IRON ROD FOUND STAMPED"PRISM SURVEY"BEARS A CHORD BEARING AND DISTANCE OF SOUTH 07 DEGREES 49 MINUTES 09 SECONDS EAST,A DISTANCE OF 113.84 FEET,AND HAVING A RADIUS OF 460.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 58 SECONDS WEST,DEPARTING SAID WEST RIGHT-OF- WAY LINE,AND ALONG THE NORTH LINE OF SAID LOT 27,BLOCK 15,A DISTANCE OF 166.87 FEET, TO A 1/2 INCH CAPPED IRON ROD FOUND STAMPED"PRISM SURVEY''; THENCE SOUTH 00 DEGREES 21 MINUTES 37 SECONDS EAST,ALONG THE WEST LINE OF SAID LOT 27, BLOCK 15,A DISTANCE OF 220.88 FEET,TO A 1/2 INCH CAPPED IRON ROD FOUND STAMPED "PRISM SURVEY", BEING ON THE NORTH RIGHT-OF-WAY LINE OF SAID HERITAGE TRACE PARKWAY,FROM WHICH AN"X"CUT FOUND FOR THE WESTERNMOST CORNER CLIP OF SAID LOT 27,BLOCK 15,BEARS NORTH 89 DEGREES 35 MINUTES 35 SECONDS EAST,A DISTANCE OF 172.27 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES 35 SECONDS WEST,CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 379.78 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 6.231 ACRES(271,433 SQUARE FEET)OF LAND,MORE OR LESS. EXHIBIT "A" Map of Encroachments and Easements 2015 Easement Encroachment Agreement-Commercial Page 1 1 of 1 1 Rev. 02/2015 T�cc mANsaeaR \ 23 eNAx axuvN -- -41 U ❑ e xomw rtNct' \ — - 24 �4 i 77 lYi u 0• A RIDGE 12 CAB.A.GPR T 8820 i I_ PARCEL 2 11 i m-nau I I T BY 12 O i I � � ' I I _ �V- •� na..0 6.18 7M 0 8 1 13358 ACRES(BY D®) RJ FT. ' O40J514J LLC / / \ CC#2 2 T z=:s nzsY nzA PARCEL 3if \ 17 I R46O. 128'3 CBM29'12 CL226.93' -------- -------- ISHOP$I M 4 - OO SF. Rac . _ 1RA11 BIER QfCiRIC RAN 3 160• E U7 �- - I IFMA' -- 6 axN aua.la ' t 35 ( I P 1 .,.. _ 7 �LPAD_ 1 LOT 27 BLOCK 15 B MI'—I—f I S PARCEL 1 TEHAMA RIDGE OPRTCT 0201 LLLLLLJ W — I I i �� LOAYAE E PARENT PAD 2 1 4,200 SF. 6.6 93 i \ A P CEL 4 1 inch = 100 ft. -- � — — , - - — — —— — —— — — — ..:.......:..:::.... ........... s ms.... SS PROJECT NOTES: P—T This conceptual site plan is for n-Haar -neer preliminary planning purposes only: Site W W W specific information such as legal — W W W W _ — — boundary, existing conditions, zoning, Rnv lm.n�.zr — parking, curb cuts, traffic signals and eo•n-nam' landscape requirements must be verified a. PA\OEllt �,,,,.• before relying on some. B-Hats• -n9 Y C-C, CC` HAWKINS UNIFIED SIGN HERITAGE TRACE PKWY & EXHIBIT A COMPANIES TEHAMA RIDGE PKWY COMMERCIAL DEV ELOPERS /AGREEMENT FORT WORTH, 855 BROAD STREET',SUITE 30O BOISE,ID.83702 ('T)208376852.-1(F)208 376 8523 A : Revision:04-/9-t6 Dtaxn By.KN o LO 0 LO C) LO C C\2 CQ cz 50 O 4j + W CL cnQQcn zzzp � � � ? O I � I � I ! ! � 1 � z ! 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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: Alliant Insurance Services, Inc. PHONE 949-756-0271 FAX 949-756-2713 1301 Dove Street,Suite 200 E-MAIL Newport Beach CA 92660-2436 INSURERS AFFORDING COVERAGE NAIC It INSURER A:Liberty Mutual Fire Ins Co 23035 INSURED INSURER B: Hawkins Companies, LLC INSURER C: 855 Broad Street, Suite 300 INSURER D: Boise ID 83702 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1813318527 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. ILTR TYPE OF INSURANCE AINSD WVD POLICY NUMBER DDLISUBR POLICY YfYYYY MM/DDIYYPOLICY YY LIMITS A X COMMERCIAL GENERAL LIABILITY TB7Z91461905026 1/1/2016 1/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGEToPREMISESSEa occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO- POLICY [X]LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED IN LE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ AUTOSNED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? "IA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Location:2201 Heritage Trace Parkway Fort Worth,TX 76177 The following is included as Additional Insured with respects to General Liability,where required by written contract: City of Fort Worth 1000 Throckmorton Fort Worth,TX 76102 CERTIFICATE HOLDER CANCELLATION Cit of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD