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HomeMy WebLinkAboutContract 48187 crr mcnATARY Q 23' 6, EASEMENT ENCROACHMENT LICENSE AGREEMENT ojjoN.10Commercial 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 TANGER FORT WORTH, L.L.C., a North Carolina limited liability company ("Licensee"), owner and/or developer of the real property located between BUC-EES Blvd. and Outlet Blvd.,Fort Worth, TX 76117. RECITALS WHEREAS, Licensee is the owner and/or developer of certain real property described as Lots 1, 2 and 3, Block 4 of Champions Circle Addition, an addition to the City of Fort Worth, Denton County, Texas as recorded in , of the Deed records of Denton County ("Property"); and WHEREAS, the City has been granted or will be granted water and sanitary sewer easements (the "Easements") on the property as shown on the map attached to this Agreement as Exhibit A and incorporated herein (individually an `Basement Area" and collectively the "Easement Areas"); and WHEREAS, Licensee desires to construct/place proposed 42", 24"&18" storm lines and a 2' high Landscape Berm (collectively, the "Encroachment") and other private utilities and surface improvements, such as paving, driveways, curb and gutter, entryways, parking lots, sidewalks, landscaping (excluding trees), and irrigation systems, including, but not limited to, those described on Exhibit A. Such additional matters are not considered Encroachments and will be constructed by Licensee on the Property in accordance with City approved plans. To the extent the parties modify the City approved plans to permit such additional matters, the parties shall revise Exhibit A and attach a modified revision to this Agreement by amendment. The City is willing to permit such matters to the extent shown thereon on Exhibit A, including, without limitation, all improvements shown on plans now or in the future approved by the City; and WHEREAS, to accommodate the needs of the Licensee, the City approves the Encroachment over the Easement Areas under the terms and conditions as set forth in this Agreement. NOW, THEREFORE,the City and Licensee agree as follows: EFT. WORTH, ECORD Ir rAny TX Easement Encroachment Agreement-Commercial Page 1 of 14 AGREEMENT 1. City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy portions of the City's Easement Areas, as described in and at the locations shown on Exhibit A, but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond areas originally approved by the City which are specifically described in Exhibit "A," unless pursuant to modifications to City approved plans. Once approved by the City, all such matters shall remain on or for the benefit of the Property unless modified by agreement of the parties. 2. All construction, maintenance and operation in connection with such Encroachment, its use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon ten (10) business days 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. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage; however, nothing in this Agreement shall preclude Licensee from pursuing any available remedy against City's contractors and subcontractors for damage to the Encroachments caused by such contractor or subcontractor. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost only 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. Easement Encroachment Agreement-Commercial Page 2 of 14 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. 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. The City agrees to not unreasonably withhold or delay its consent to a request from the then owner of the Property to enter into a new Agreement on substantially the same terms and conditions as this Agreement. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public, such duty or power do not, however, permit a termination or relocation of the Easement without the consent of Licensee. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, including but not being limited to underground or surface communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, 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, Easement Encroachment Agreement-Commercial Page 3 of 14 EXISTENCE OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, SERVANTS, EMPLOYEES, [PAIGE: NO PROBLEM AS TO CITY. TANGER HAS A CONCERN AS TO THIRD PARTY PRIVATE CONTRACTORS AND AGENTS.] 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 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 the Easement 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 tern of this Agreement, and the completion of any obligations of Licensee hereunder in conjunction with a termination of this Agreement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors performing work in the Easement Areas. 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 Denton County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. Easement Encroachment Agreement-Commercial Page 4 of 14 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. 11. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 12. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Encroachment over or within the Easement and is not a conveyance of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 14. In any action brought by City for the enforcement of the obligations of Licensee, in which the City is the prevailing party, City shall be entitled to recover interest and reasonable attorney's fees. In any action brought by Licensee for the enforcement of the obligations of City, in which Licensee is the prevailing party, Licensee shall be entitled to recover interest and reasonable attorneys' fees; provided, however, nothing contained herein shall ever be construed so as to require City to create a sinking fund or to assess, levy, and collect any tax to fund its obligations under this paragraph. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. Other than to a subsequent prospective owner of the Property, 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 Easement Encroachment Agreement-Commercial Page 5 of 14 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 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 and shall be rights running with the land against the Property. SIGNATURES APPEAR ON FOLLOWING PAGE] 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 Tanger Fort Worth, LLC, a North Carolina limited liability company By: Tanger Devco, LLC, a North Carolina limited liability company, its ManWer— By: By: ilk F rna o ta, A Name:-�- 5 Asst. City anager l Title: Easement Encroachment Agreement-Commercial Page 6 of 14 ATTEST: fr®p r Approved As To Form and Legality f tz 0 a City S c ary, Assistant tity Attorney SEX�►� 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 Fernando Costa 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. GfV UNDER MY HAND AND SEAL OF OFFICE this , lay of CASSANDRA F. FOREMAN Notary Public,state of Texas y= My Commission Expires "lFa sti+�` April 26, 2017 NolaPublic in and for the State of Texas STATE OF NORTH CAROLINA COUNTY OF GUILFORD BEFORE ME, the undersigned authority, a Notary Public in and for the State of North Carolina, on this day personally appeared pitgp h , known to me to be the person whose name is subscribed to the foregoing instrumen , and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the Tanger Fort Worth, LLC, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this )5 4#1 day of S�(It'2mb2r , 2016. Notary Public ' or the ate of North Carolina �enaa nasierAt My Commission expires: 1a,3 �/7 eeens�:; 09 Z,G•S•°° o o J b�'�,• ,� y °�''�, OFFICIAL RECORD o o CITY SECRETARY 'o(/B L`�' �' FT: WORTH, TX Imo' ®ao. Q� X00 Easement Encroachment Agreement-Commercial '�i��t, ; � � � Page 7 of 14 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 Easement Encroachment Agreement-Commercial Page 8 of 14 EXHIBIT "A" Map of Encroachment and Easement N v� G W E TEXAS MOTOR S JAG SPEEDWAY 114 4 z 03 1 � U O S/LE L OCA LION N W 35W LITSEY D. V/C/N/TY MAP N.T.S. MAPSCO 643 TU COUNCIL DISTRICT 7 DENNIS SHINGLETON Winkelmann & Associates, Inc. ENCROACHMENT AGREEMENT COItSU M0 CML—W—S SUAYETOAS EXHIBIT IQCINI TY MAP aw.s,ros tml.,o-ron.rix r,a+Epi+eua Reyt+fmfW Nn 89 re,o.s.,.�Ne.faaeaa-oo aYP)FXJIT O 1018 NS+tvdmm�6 AnWafK Mc sante:NA..s. TANGER OUTLET MALL Date: JANUARY 26,2016 FORT WORTH, TEXAS 0»g.nle:62501—Encroach NCMAPAd g Project No.: 62501 Easement Encroachment Agreement-Commercial Page 9 of 14 N v� G W E G�� �0 TEXAS MOTOR S JAG SPEEDWAY 114 a o� �a d Q a U S/LE LQ LQ LOCA LION N W 35W LITSEY RD. VICINITY MAP N.T.S. MAPSCO 643 TU COUNCIL DISTRICT 7 DENNIS SHINGLETON wWinkelmann & Associates, Inc. ENCROACHMENT AGREEMENT co Mvxe cm,o Im— .dudecmu EXHIBIT OCINITY MAP T<+w Ephm ReglafmfA»Na d9 Tra®9v.+Ju�Xa fIX#66—PO LYPYrifJIT a T014 Mhlabmm�k Aparhf.i he S­1 :N.T.S. TANGER OUTLET MALL Date: JANUARY 26,2016 FORT WORTH, TEXAS 0.g.F11d:62501—Encroach NCMAP.dwg Project No.: 62501 Easement Encroachment Agreement-Commercial Page 10 of 14 r �k''. Y f MCI t� ij D YrANGGEER BL m aTj -i i-- 1,r ----- ��_ N 35 W - t i • ............................... ..... ................... 'a.... __... O tt l i i r s ----------- 4 V10- y OVERALL ENCROACHMENT AGREEMENT I Rnn y� EXHIBIT KEY MAP " • +.«,r.a[.� OOI7E[6XItRS _®_ aousv roarworz*n tErns c\v�1o,U�'<c+w\mscwer�a�W,owe+u'r.�rauner.*m mwo•n.dr�omcvrrrasr r�ze•c � mJ�• . Easement Encroachment Agreement-Commercial Page 11 of 14 r S r - I f5 A. 0+4 1.00 SE CR LIN A 42�S ORM C dSSING n I r I � C) it � I U \-- I { f I IIL+ i I� LI `iI III t I} ,'.i Ii I il��I l7 ,IL r J F. 7-I-691 tSE R--LlJ A - p MATCH LINE STA. 9+00.00 SEE SHEET E-2 F 4 I I t; AREA ENLARGEMENT FOR ENCROACHMENT Winkel. A AGREEMENT EXHIBIT 1 TANGTR YF SNf116�rFIXfTNOR111 TEYAS mo'`�•� cWnlu{aauu.\m+svw'rsu rtwwlaaearu+*r'r�axrvar�arnr cvaauK.vtsotadrrnarruur. saor(zo) Easement Encroachment Agreement-Commercial Page 12 of 14 q T q q q a m i I 1t1 J o STA.;` +2000 TER LINE •�! RRO..24 S ORM.C OSSING 1i1- `I -�� - a I - I ! 'yr;LF► � � \\ 1 � I I 1 \ r - � ' I t 1 11 "__1 M al I �Iylh�j q 's m, i ! �i _ij c I h — — — At l I� LI -� ;'i,r I - L -L— IELL I I I� `� a- E ,'i 1 l , _1 1 _ I _ 4 - I II 1 t L7,21 x I oL }f � -� A/A.I *1 9B 7CIn[WATER LINE/ _ PRO_ .24-x5 dRM.0 0551NG f cif 09 f2 W TER LINE Ip III _ .I ) PRO 1B�5ORMC OSSING/ 'I III"l VII I t I Ir Ijl l 1 1, i w I, �11 'j ��II� �' f { f I�� I__1 f � 8 0• :o ti o U o � � � � s a 4-1 AREA ENLARGEMENT FOR Wlnkelmann ENCROACHMENT AGREEMENT EXHIBIT 2 " a e,.«,.co:L�. TANGM ounKrCFNIFRS TM 1 �� :��—",•• e,v,�o.u.. .ew.y.orsr-x —1,mawHr.-Twan.r�roww r.om..re.«rao.� ,o..oK� .q-•�. Easement Encroachment Agreement-Commercial Page 13 of 14 p O po ! ---- - - - I ---- - - ---- - - - - Z o u i�O o to o T � 2Oa t14- - r__L - _ I .-zii� fl 0- k - X, 1A # N _ ----------- ____ __ _____ __________ i -- _ W ON �bO oT 8 u m g o u o u Sg a m o u o u o a o o u o u IWER k U T 8 a 8 8 AREA ENLARGEMENT FOR Wlnkelmann PROP. BERM ON EX. 24"WATER ESMT "I i tip,,F inn ENCROACHMENT AGREEMENT EXHIBIT 3 DUI; V u a Nasw EoarRit Easement Encroachment Agreement-Commercial Page 14 of 14 4827-8611-1544v.5 48601-2 9/14/2016 Private utilities and other surface improvements located or to be located on the Easement Areas that are not considered Encroachments. such as paving, driveways, curb and gutter,entryways,parking lots, sidewalks, landscaping (excluding trees),and irrigation systems that are not considered Encroachments City Approved Site Plan dated 02/03/2016 Permit Number - Paving - Driveways - Curb &Gutter - Entryways - Parking Lots - Sidewalks City Approved Urban Forestry Plan Dated 08/25 /2016 Permit Number UFC 15-0103 - Landscaping (excluding trees) - Irrigation Systems ORT WORTH, Certificate of Appropriateness Proposed Tanger Outlet Site Staff Approval On February 3, 2016, the Planning and Development Department APPROVED the Certificate of Appropriateness to: Construct a commercial campus (see attached site plan) that complies with all of the I-35W Design Standards with the exception of the berm requirement as noted below. Urban Design Commission On January 15, 2015, the Urban Design Commission (UDC) APPROVED the Certificate of Appropriateness application to obtain waivers from berm requirement of the I-35W Design Overlay District. At that time the UDC approved a motion to: 1. Approve a waiver from the berm requirement. Approval of your case does not negate you from any other applicable requirements needed to obtain required permits. If necessary, you must obtain all required waivers and variances before a Certificate of Appropriateness or sign/building permit will be issued. Planning and Development Department, Preservation and Design Section The City of Fort Worth * 2ND Floor * 1000 Throckmorton Street * Fort Worth, TX 76102 Phone: 817-392-8000 * Fax: 817-392-8016 _i 9tOL YI lranuN (OZ,'t0'i0SZ9 .^.NOZ1lYId3:.5—fC5Z9\SN:'Id Ab'YtlriS!??L'd\Oh"N33.Vr7N3\f0\SL91 J` r�eeer rvonav atw •F SVnl'H1aOM i8O-q M9CH1 8 Kt HS OMS UUBUIIa$atAk le� NV'ld 9115 N0110flUISMOD XOJ .LOM — AYVlV--T MI7HXd '� u ��� w� a•w• cWi s N ;! 13 m U m J o c \ 1 1 F' M. g h � !`• / ! A \\ cri Sy C� \ 3AI&O MY07/d Ey hlb 1 I U 20934 A�® CERTIFICATE OF LIABILITY INSURANCE DAT9/8/20D/YYYY) 9/8/2016 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 have ADDITIONAL INSURED provisions or 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 Brenda Viloria NAME: Commercial Lines-(404)923-3700 PHONE 404-923-3760 FAX 877-362-9069 AIC No Ext: AIC No Wells Fargo Insurance Services USA,Inc. E-MAIL o.Comi Vil T d rena. . ora wellsfar ADDRESS: B@ g 3475 Piedmont Road NE,Suite 800 INSURER(S)AFFORDING COVERAGE NAIC# Atlanta,GA 30305-2886 INSURERA: Liberty Insurance Corporation 42404 INSURED INSURER B: Allied World Insurance Company 22730 Tanger Properties Limited Partnership INSURER C 3200 Northline Ave#360 INSURER D INSURER E: Greensboro NC 27408 INSURER F; COVERAGES CERTIFICATE NUMBER: 10829039 REVISION NUMBER: See below 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 ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR 1 SD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY )( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X T67Z91464430016 08/01/16 08/01/17 F�� DAMAGE TO RE E CLAIMS-MADE OCCUR PREMISES Ea occur ence $ 1,000,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY F-1 PRO ❑X LOC PRODUCTS-COMP/OP AGG S 2,000,000 JECT OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ._,..__.._ HIRED NON-OWNED PROPERTY DAMAGE 3 AUTOS ONLY AUTOS ONLY Per accident S B x UMBRELLA LIABX OCCUR 03091323 08/01/16 08/01/17 EACH_OCCURRENCE 5 25,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 25,000,000 DED I x I RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA —'""-- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS[LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate Holder is included as Additional Insured on General Liability,as required per written contract,subject to policy terms,conditions,and exclusions. Encroachment Agreement for water and sewer easements granted to the City of Fort Worth on Insured's property located in the City of Fort Worth,Denton County,Texas. CERTIFICATE HOLDER CANCELLATION City of Fort Worth,Dept.of Development SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: D.J.Harrell,Planner ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE n The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) (TN —tifir to replaces-dif-te#10827783 iss.ed on 9,7/2016)