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HomeMy WebLinkAboutContract 48729 CITY$5CRE ARY. c CONTRACT NO. L, 3 Z EASEMENT ENCROACHMENT LICENSE AGREEMENT 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 by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and UPV Center, L.P., a Delaware limited partnership ("Licensee"), acting by and through its duly authorized General Partner (UPV GP, a Delaware limited liability company), owner of the real property located at University Park Village, 1540 S University Dr, Fort Worth, TX 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 drainage easement (the "Easement") 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 Easement; 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: OFFICIAL RECORD AGREEMENT CITY SECRETARY 1 FT. WORTH, TX 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 a portion of the City's Easement for the purpose of a wood deck patio (the "Encroachment") as described in and at the location 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 what is specifically described in the Exhibit(s) attached hereto. 2015 Easement Encroachment Agreement-Commercial Page 1 of 12 Eatzi's,University Park Village,Fort Worth,Texas Rev. 02/2015 2. All construction, maintenance and operation in connection with such Encroachment, 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 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 Encroachment 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 Encroachment 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. 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-Connnercial Page 2 of 12 Eatzi's, University Park Village,Fort Worth,Texas 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. 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. 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, 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 Encroachment 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 ENCROACHMENT 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 LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR 2015 Easement Encroachment Agreement-Commercial Page 3 of 12 Eatzi's,University Park Village, Fort Worth,Texas Rev. 02/2015 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 fiu-nish 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 Encroachment and the cleaning and restoration of the Easement. 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 Encroachment and uses. 2015 Easement Encroachment Agreement-Commercial Page 4 of 12 Eatzi's,University Park Village,Fort Worth,Texas 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 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 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 in 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 secured lender of Licensee or assignment to a secured lender by Licensee in the event of 2015 Easement Encroachment Agreement-Commercial Page 5 of 12 Eatzi's,University Park Village,Fort Worth,Texas Rev. 02/2015 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-Colmnercial Page 6 of 12 Eatzi's,University Park Village,Fort Worth,Texas 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 UPV CENTER, L.P., a Delaware limited partnership By:UPV GP, LLC, a Delaware limited liability company, its General Partner i By: jy. By: ff Air, Randle Hbfivo8d James M. Barkley Director Secretary Planning and Develo ment �y Date: 2 , 20_9 Date: 2016 ATTEST: Approved As To Form and Legality City S et, y Assistant City Attorney �F FOP OFFICIAL RECORD CITY'SECRVARY FT.WORTH,Yx 2015 Easement Encroachment Agreement-Commercial Page 7 of 12 Eatzi's,University Park Village,Fort Worth,Texas Rev. 02/2015 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J ie Morales Development Manager Date: STATE OF TEXAS § COUNTY OF TARRANT § *(D"his instrument was acknowledged before me on , 201 by.��arrd� arwood, Director of the Planni and Developm nt Depa ent of the City of Fort Worth, on behalf the City of Fort Wo h. EL------------- DRA F. FOREMAN otary Public, State of Texas blic,State of Texasmmission Expiresril 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 12 Eatzi's,University Park Village,Fort Worth,Texas Rev. 02/2015 STATE OF INDIANA § COUNTY OF MARION § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared James M. Barkley, Secretary, 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 UPV GP, LLC, a Delaware limited liability company, the general partner of UPV CENTER, L.P., a Delaware limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z7day of 7, 2016. \����11111111N111�f�`0 _ •�0 0 9 _ ttate c in and for the • __= ana �• NOTARY SEAL �� p•°ryN�AVCWN', Pte` 0/%STAT i�`i`o®®ate\ 111116111 2015 Easement Encroaclunent Agreement-Commercial Page 9 of 12 Eatzi's,University Park Village,Fort Worth,Texas Rev. 02/2015 LEGAL DESCRIPTION OF THE PROPERTY BEING on 18.253 acre tract of land situated in the Tarrant County,Texas, and being all of Lot A»R- 1,Block 2,Michael Hughes Estates,an addition to the City of Ft.Worth,according to the plat recorded In Volume 388-211,Fuge 50,Plat Records,Tarrant County,Texas and all of Lot 5114 of said Block 2,according to the plat recorded in Cabinet A,Slide No.2186, Plat Records,Tarrant County,Texas,and being more particularly described as follows: Beginning at a 5/8"iron rod found for corner In the West line of University Drive(variable ROM and being the most easterly Southeast corner of said Lot 6114,also the Northeast corner of that certain tract conveyed to FW investments,Ltd by deed recorded in Volume 12526,Page 1915, Heed Records,Tarrant County,Texas; THENCE departing the West line of said University Drive and along the southerly tine of said Lot 5R4 the following courses and distances; North 88 degrees 32 minutes 27 seconds West with the North line of said FW lnvestments,Ltd. tract,a distance of 406.88 feet to a 510"iron rod found for corner at the Northwest corner of said FW Investments,Ltd.tract; South 00 degrees 40 minutes 52 seconds West with the West line of said FW investments,Ltd. tract,a distance of 133.65 feet to a 518"Iron rod found for corner in the North line of Carlson's Subdivision as recorded in Volume 388.217,Fuge 78,Plat Records,Tarrant County,Texas; North 89 degrees 05 minutes 19 seconds West,with the North line of said Carlson's Subdivision,a distance of 50.06 feet to an"X"cut in concrete found for corner at the Northwest corner of said Carlson's Subdivision; South 00 degrees 42 minutes 26 seconds West with the West line of said Carlson's Subdivision,a distance of 56.41 feet to a 6/8"capped Iron rod found for corner,said iron rod being capped with a yellow plastic cap,stamped"Dunaway Assoc.Inc."at the Northeast corner of Block 2,Michael Hughes Estates as recorded in Volume 3884,Page 142,Plat Records,Tarrant County,Texas; North 89 degrees 17 minutes 12 seconds West,with the North line of said Block 2,and the North line of Lot 64-11,Block 2, Michael Hughes Estates as recorded in Volume 388-48,Page 591,Plat Records,Tarrant County,Texas,a distance of 274.50 feet to a 1"iron rod found for corner in the east line of Lot 6C,Block 2,Michael Hughes Estates as recorded In Volume 388-X,Page 142,Plat Records,Tarrant County,Texas; North 00 degrees 49 minutes 28 seconds East,with the East line of sold Lot 6C and the East line of Lots 6A and 613,Block 2,Michael Hughes Estates as recorded in Volume 388-if,Page 271,Plat Records,Tarrant County,Texas a distance of 234.18 feet to a 518"capped iron rod found for corner,said iron rod being capped with a yellow plastic cap,stamped"Dunaway Assoc.Inc."at the Northeast corner of sald Lot 6A; North 89 degrees 17 minutes 17 seconds West,with the North line of said Lot 6A,a distance of 309.96 feet to a 1/2"iron rod found for corner at the Southwest corner of said Lot 5R4,and also being in the East line of Rogers Road(60 foot ROW); THENCE along the East line of said Rogers Road the following courses and distances: North 00 degrees 61 minutes 05 seconds East,a distance of 170.24 feet to a 5/8"iron rod found for corner at the beginning of a curve to the right having a radius of 65.78 feet and a chord which bears North 21 degrees 39 minutes 35 seconds East,46.74 feet; 2015 Easement Encroachment Agreement-Commercial Page 10 of 12 Eatzi's,University Park Village,Fort Worth,Texas Rev. 02/2015 Along sold curve to the right,through a central angle of 41 degrees 37 minutes 14 seconds,for an arc distance of 47.78 feet to a 518"Iron rod found for corner; North 42 degrees 28 minutes 05 seconds East,a distance of 72.40 feet to a 5/8"iron rod found for corner; North 88 degrees 53 minutes 44 seconds West, a distance of 13.32 feet to a 5/8" iron rod found for corner; North 42 degrees 27 minutes 41 seconds East,a distance of 772.43 feet to a 5/8"iron rod found for corner; North 52 degrees 65 minutes 03 seconds East,a distance of 138.81 feet to a 518"iron rod found for corner at the West comer of that certain tract of land conveyed to Jow Wing Hawk by deed recorded in Volume 6283,Page 418,Deed Records,Tarrant County,Texas; THENCE South 36 degrees 24 minutes 48 seconds East,departing the East line of said Rogers Road and along the southwesterly line of said Hawk Tract,a distance of 105.10 feet to a 5/8" capped iron rod found for corner,said iron rod being capped with a yellow plastic cap,stamped "Dunaway Assoc.Inc", and being in the northwesterly line of the aforementioned Lot A-11-1; THENCE North 63 degrees 09 minutes 19 seconds East,along the northwesterly line of said Lot A- R-1,a distance of 187.67 feet to a 5/8"Iron rod found for corner at the Northwest corner of that certain tract of land conveyed to Continental Oil Company, by deed recorded in Volume 6789,Mage 1627, Deed Records,Tarrant County,Texas; THENCE South 03 degrees 13 minutes 39 seconds East,a distance of 98.90 feet to an"X"cut in concrete found for corner at the Southwest corner of said Continental Coil Tract; THENCE South 89 degrees 04 minutes 21 seconds East,a distance of 107.44 feet to a 518"capped iron rod found for corner,said iron rod being capped with a yellow plastic cap,stamped"Dunaway Assoc.inc.",and being In the West line of aforementioned University Drive; THENCE along the West line of said University Drive the following courses and distances: South 02 degrees 55 minutes 09 seconds East,a distance of 50.24 feet to a 518"capped iron rod found for corner,said iron rod being capped with a yellow plastic cap,stamped"Dunaway Assoc. inc."; South 02 degrees 28 minutes 39 seconds East,a distance of 485.75 feet to a 518"iron rod found for corner; South 02 degrees 33 minutes 19 seconds East,a distance of 59.98 feet to a 6/8"iron rod found for corner; South 89 degrees 41 minutes 40 seconds East,a distance of 2.57 feet to a 518"iron rod found for corner; South 02 degrees 19 minutes 00 seconds East,a distance of 38.58 feet to a 5/8"Iron rod found for earner at the beginning of a curve to the right having a radius of 2,814.79 feet and a chord which bears South 01 degrees 16 minutes 49 seconds East,90.79 feet; Along said curve to the right,through a central angle of 01 degrees 50 minutes 63 seconds,for an are distance of 90.79 feet to a 518"iron rod found for comer; South 01 degrees 10 minutes 03 seconds West,a distance of 185.01 feet to the PLACE OF BEGINNING and CONTAINING 795,092 square feet or 18.263 acres of land,more or less. 2015 Easement Encroachment Agreement-Commercial Page 11 of 12 Eatzi's,University Park Village,Fort Worth, Texas Rev. 02/2015 EXHIBIT "A" Map of Encroachment and Easement 2015 Easement Encroaclunent Agreement-Commercial Page 12 of 12 Eatzi's, University Park Village,Fort Worth,Texas Rev. 02/2015 P:\Romano Ptlj—\E t-—Fort 398-10-01 311eet-2 01-01.dwg,Plotted on:Dec 19• 2018—10:14— LiG PAIP 'n 0 a s Q $aspt�; k � 1 R dN °ka§g�• S � _ —_ Pli-0; IMM t I °Di i Di ° r " MIT U—Y§ qhs _=L___ --_____ _ i L_ _ a � i �F, `3 £ne —-- —I ---- --------- — 1 m 1 �,g ax -- --- u OR; a- ______ _ ___________ _ __ 4 F_ 4 _ spa pv"t°t 't$. j,�wil yyS�' i ro x4 9'� 68 '�� 4��04 I I '•i I I 'I 1 I 1 ( ��� , I I _. 1•• 1 4'1 I 1 1 1 1 •:L••I 1 I I ,I I [1 1r F a £ � 91 I I i.. 1 .r• I� I _ a $�C aiapk8c� wR 5� ° --I r + --- , --- ---------- Vint r----�P------r-�--y 1 r-I ----- � �-r- - -E-- { } � I�� a oPR�4 i 99 - -9------ ----------- i--- -------------- U - -----b-----J ' �af � r—t-- _ no - Ned � -1111-- - J10 O I� / I I /A/ 1 �tr F'i5 F 5 m z I I I I I I I I eatZi's LSD y� �I I� Q =F University Park Village NOT FOR CONSTRUCTION — � N m 1540 S.University Drive,Suite 100 99+dDPar99*�9D � =�* N Fort Worth,Texas 76107 M aOlu Wwmc DTRwsn Y ,g 3 ] N ON£ESEIZEg a IflAS9E0GiMD0.Y P'0.:9 _ CD CD Floor Plan ¢0.6909N.t A�6U M 80.518 3 ^ p i I - _ I r - ;i. 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IPOST-STANED { S (r I I I I 1 I I I I I 1 L_J NO1E:\V�DDECKMVST WALL SECTION BE WS�E PROPERTY LhE 366-10-Ot Wa®Sec11IX102-OI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/25/2017 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(les) 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 Linda De La Paz NAME: 144MHBInc. P"°NE .972-770-1616 FAX 972-376-8124 8 8144 Walnut Hill Lane, 16th FI E-MAIL Dallas TX 75231 .Linda_DeLaPaz@mhbt.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Texas Mutual Insurance Company 22945 INSURED GILMOFOX INSURERB:The Cincinnati Insurance Company 10677 CCI, Inc.dba Gilmon-Fox INSURER C: 4823 Keller Springs Addison TX 75001 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1037458432 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM DD MMIDD/YYYY B X COMMERCIAL GENERAL LIABILITY 0331925 6/8/2016 6/8/2017 EACH OCCURRENCE $1,000,000 IMAGE—1CLAIMS-MADE X❑OCCUR PREM SESOEaEoccu IITEence $50,000 X 2.500 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN' JECT LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $2,000,000 X POLICY[:]PRO LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ BMBINEDAUTOMOBILE LIABILITY 0331925 6/8/2016 6/8/2017 Ea a.id.n,SINGLE IMT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED AUOBODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B X UMBRELLA LIAB X OCCUR 0331925 6/8/2016 6/8/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$0 $ A WORKERS COMPENSATION TSF0001201797 6/10/2016 6/10/2017 X STATUTE EOR ❑ H AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YN/A 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 (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured form #GA233 edition 02/15 applies to the General Liability Policy Primary&Non-Contributory form#GA233 edition 02/15 applies to the General Liability Policy Waiver of subrogation form #GA233 edition 02/15 applies to the General Liability Policy The General Liability Policy includes an 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. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Development ACCORDANCE WITH THE POLICY PROVISIONS. Attn:David Schroeder,Planner 1000 Throckmorton Street 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 AGENCY CUSTOMER ID: GILMOFOX LOC#: ACCM0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT Inc. CCI, Inc.dba Gilmon-Fox POLICY NUMBER 4823 Keller Springs Addison TX 75001 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 The General Liability Policy contains 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 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. GL Deductible: $1,000 per claim-Property Damage Only RE: Eatzi's Fort Worth, 1540 University Drive, Fort Worth,TX 76107 EXHIBIT B ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD