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HomeMy WebLinkAboutContract 50912 CITY SECRETARYO RIGHT OF WAY CONTRACT NO. ENCROACHMENT 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 herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Sinclair Holdings LLC [full legal name], a Limited Liability Co. [type of entity] "Licensee", acting herein by and through its duly authorized partner, Farukh Aslam [title], the owner of the real property located at 512 West Main Street , Fort Worth, Texas 76102("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, 1► NOW,THEREFORE, the City and Licensee agree as follows: RECEIVED AGREEMENT JUN 2 6 2018 CITY OF FORT WORTH 1. CITY SECRETARY 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 constructing a tunnel(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 i t e x i d hereto. OFFICIAL RECORD CITY EECItem y( 2015 ROW Encroachment Agreement-Commercial FT WO"No U Page I of 12 rev.02/2015 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 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 2015 ROW Encroachment Agreement -Commercial Page 2 of 12 rev.02/2015 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$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of$.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 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. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way, and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 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 Legislature; and that City cannot contract away its duty and its legislative power to 2015 ROW Encroachnnent Agreement-Commercial Page 3 of 12 rcv. 02/2015 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, 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 shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 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. 2015 ROW Encroachment Agreement-Commercial Page 4 of 12 rev.02/2015 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 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. 2015 ROW Eneroachunent Agreement-Commercial Page 5 of 12 rev. 02/2015 16. 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, andany 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 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. 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. 2V 15 M^`.'Encroachment Agreement-Commercial Page 6 of 12 — rev.02/2015 [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement-Commercial Page 7 of 12 — 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, Sinclair Holdings LLC By: By: Randle Harwood Name: Farukh Aslan► Director Title: Partner Planning and Development Department X. Date: 070, , 20-0 ATTEST: Approved As To Form and Legality S City Secretary Y, Assistant City Attorney OFFICIAL RECORD CITY SECRETARY 2015 ROW Encroachiiient Agreement-Commercial Page 8 of 12 rcv.02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on`�l.t.k ap� —, 201— by 201_by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Wo � a %Not Publli tate orTtlxas ISE EZERNACK ,q-fo, JENNIFER LOt1 State of Texas Public. fres 03-01-2020 Co EXP 61630 t4otary 1D 1305 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 ROW Encroachment Agreement-Commercial Page 9 of 12 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 report requirements. Janie Scarlett Morales Development Manager STATE OF 'f �iiS _ § COUNTY OF ,-) Q /V/ § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Farukh Aslam Partner (title), 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 Sinclair Holdings LLC a Limited Liability Co. , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20-r Notary Public in and for the _, LORNA KUETHER-AL 0 y State of lrty Notary ID#5438305 ' 'oF SE*• Expires September 17,2019 2015 ROW Encroachment;grccmcnt -Commercial Page 10 of 12 rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY Lots 1-4 and 9-11 Block 84, Original Town of Fort Worth, Unrecorded Plat. 2015 ROW Encroachment Agreement-Commercial Page 1 1 of 12 rev.02/2015 EXHIBIT"A" Location and Description of Encroachment and Improvements 2015 ROW Encroachment Agreement-Commercial Page 12 of 12 rcv.02/2015 ATTACHMENT A LOCATION MAP 1 y %, o 0 0 0 0�' F � 5 o LU ELLA '2) Y\ I 0 23 TEXAS y E 19 TH LU w G Y 1 T o U 3 a PROJECT 5E LOCATION N m � 0 s GRAPHIC SCALE:NOT TO SCALE 0 s PROJECT: = B BAIRD, HAMPTON&BROWN, INC., The Sinclair Building Redevelopment LOCATION MAP ENGINEERING&SURVEYING 512 Main Street,Fort Worth,TX 76102 SCALE: Norco SCALE SHEET E3 = d d300 Ridglea Place.Ste 700 Fort Wodh.TX 78118 Tel:817-33&1277 Far.817-338-245 DATE. x112/17 Ex h C 1.1 THPE Firm 000044 E-Mall:mall@bhb1-.—Web Site:www,bhb1-.-m TSPLS FIRM 100t 1300 DRAWN BY: LAI BH8 PROJECT No:2014.178.000 CHECKED BY- TS 1 of 2 qi HIM, 4!1' JTj R'N'! � ` � { - --� �- ƒ 717 �� . \ � : � KH � � j LLLI � _?- � � - �f - . \ . _ � _ � \ _ . \< \ ƒ f/} Lo Mil CA) SINCI.AIR BUILDING lit 512 MAIN STREET ■ FORT WORTK TX _ ATTACHMENT A d r �i THE SAN G E R/S I N C LAIR TUNNEL I - Tw°RTH woRTH 10' 84 I � _ i 3 41 R G ADE) pT X 1 4 d WOR,I 0 woLRTHKORIG ADD FT. I I 84G `I 0 B4 ENCROACHMENT 9'92' FT ,HpR"Col O ADD AREA 80 SF — �^ f I SANGER BLDG Ln SINCLAIR BLDG ' I 84 I BSO,i9�O ADD iI— FTwpRTH E 9 li N j W 5th Street 4E r[ u ENCROACH.A ENT EXHIBIT DESCRIPTION -z9,'!' ENCROACHMENT(SF) I TUNNEL J. 80 — — 20 10 0 20 40 TOTAL= ' 80 GRAPHIC SCALE IN FEET i —__— PROJECT:3 ENCROACHMENT EXHIBIT TUNNEL = i e Sinclair un Redevelopment a � BAIRD, I IA1�lPTON&BROWN, INC. ThSiBuilding g I ® ENGINEEF_'.;^ &SURVEYING 512 Main Street,Fort Worth,TX 76102 SCALE: 1 =20'-0' SHEET Q 6300 Ridgfee Plate,Ste 700 Fort Worth,TX 76116 Tel ai 7-330"-1277 Fez:817-338.9245 DATE: 5/12/17 Ex h C1.2 S TBPE Firm 000044 E-Mail:meil@bhbmc.00m Web Site:w .bhom.com TBPLS FIRM 10011300 DRAWN BY: LM BHB PROJECT No:2014.178.000 CHECKED BY: TS 2 of 2 i — :I I Ir F� I'i a uL kh 1 x ZOp ' R � lb F ° w � LL — lb �< It0 a o ° W 0 10 U. I Go O 3 7 ~6 Q < 1 4 nO C!? 3 CLZ x v X a F Q Q w a Y R a m _ Z (n `m aj W z O Y O .o. O W co m 1 z l W _ U o } a v ° U v w '0 LAMAR ST. $ N 440 0 C •o w 0o w Ne an p 0 V « 1 N v �t — co - 1 0 S TAYLOR ST. $ 1 x '1 OD c A .a THROCKMORTON ST. E r cp r;•.ycy ��� aria a a • �_ N a d c y HR�FE 0• O HOUSTON ST. S _ •a=a:iaa = •a=sass= i •e-sasa: •e=aaasa •. =aascs •s=ao$aa •a=aaiaF S MAIN r; ST. 'o ul - •a=�a:icy '.=•. ssa •a=sa sss .a =acs.. •ac�a •. :.rias •. 1a•(s'Ia S COMMERCE ST. 'o v CALHOUN ST. ; r �. « .. d • s �. p N Y n $ W N to b (0 ra N JONES ST. $ 8 r N V M Y N « « d A « H p GROVE ST. $ V N p N d M V N Y N N _ Fr- 0Da ° PECAN ST. $ � u m SCALE: 1 " = 30' EXHIBIT "A" RIGHT-OF-WAY ENCROACHMENT 0 10 20 50 100 PART of WEST FIFTH STREET SOUTH HOUSTON STREET LOT 3, BLOCK 84 ORIGINAL TOWN OF FORT WORTH O � BLOCK o 4 NN o � < o � 1 O � 11 � v,' 9 \ \� O y 0 o. O \ ,Z N X05 SDS �� oil OF X01 * POIN"OF BEGINNING JOHN A GPAMW M 4151 Ir 4151 � LINE TABLE LINE BEARING LENGTH April 18, 2018 L-02 S 30'00 00 E 95.50 L-03 S 60'00'00w—W -24.63 OWNER L-04 N 30'00 00 W 3.50 FOSSIL CREEK L-05 S 60'00'000--W 70.37 LAND PARTNERS, INC. L-06 N 30'00 0o W 2.00 Grant Engineering, Inc. 515 HOUSTON STREET L-07 S 60'00 00 W 2.00 SUITE 621 L-08 N 30-00'00'—W -79.00 Engineers Surveyors Planners SUITE S 60'00 00 W 3.50 3244 Hemphin Street Fort Worth,Texas 76110-4014 817-923-3131 FORT WORTH, TEXAS 76102 L-10 N 30'00 0o W 21.00 Firm Registration No.100919-00 VOL. 13146, PAGE 337 L-11 N 60'00 00 E 5.50 L-12 S 30'00 00 E 100.00 LEGAL DESCRIPTION TRACT 1: A portion of the right—of—way of West Fifth Street, a 60 feet wide public street, adjacent to the south line of Block 84, of the ORIGINAL TOWN OF FORT WORTH, in Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the north right—of—way line of said West Fifth Street and the east right—of—way line of South Houston Street, an 80 feet wide public street, at the southwest corner of said Block 84; THENCE North 60 degrees 00 minutes 00 seconds East along the north right—of—way line of said West Fifth Street and the south line of said Block 84, 95.00 feet to the southeast corner of Lot 3, of said Block 84; THENCE South 30 degrees 00 minutes 00 seconds East, 5.50 feet to a point; THENCE South 60 degrees 00 minutes 00 seconds West, 24.63 feet to a point; THENCE North 30 degrees 00 minutes 00 seconds West, 3.50 feet to a point; THENCE South 60 degrees 00 minutes 00 seconds West, 70.37 feet to a point; THENCE North 30 degrees 00 minutes 00 seconds West, 2.00 feet to the Point of Beginning, and containing 0.0063 acres (276 square feet) of land, more or less. TRACT 2: A portion of the right—of—way of South Houston Street, an 80 feet wide public street, adjacent to the west line of Block 84, of the ORIGINAL TOWN OF FORT WORTH, in Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the east right—of—way line of said South Houston Street and the north right—of—way line of West Fifth Street, a 60 feet wide public street, at the southwest corner of said Block 84; THENCE South 60 degrees 00 minutes 00 seconds West, 2.00 feet to a point; THENCE North 30 degrees 00 minutes 00 seconds West, 79.00 feet to a point; THENCE South 60 degrees 00 minutes 00 seconds West, 3.50 feet to a point; THENCE North 30 degrees 00 minutes 00 seconds West, 21.00 feet to a point; THENCE North 60 degrees 00 minutes 00 seconds East, 5.50 feet to the northwest corner of Lot 3 of said Block 84, and in the east right—of—way line of said South Houston Street; THENCE South 30 degrees 00 minutes 00 seconds East along the east right—of—way line of said South Houston Street and the west line of said Block 84, 100.00 feet to the Point of Beginning, and containing 0.0063 acres (274 square feet) of land, more or less. The Basis of Bearings used to prepare this sketch and description is an assumed bearing of North 60 degrees 00 minutes 00 seconds East along the south line of Block 84. I, the undersigned, a Registered Professional OF T� Land Surveyor of the State of Texas, do y1p hereby certify that this plat of survey accurately sets out the metes and bounds JOHN A GRAN! M description of the right—of—way 4151 encroachment described. 'tiOSU o Grant Engineering, Inc. Engin lSSurveyors Planners April 1 8, 201 8 3244 Hemphill Street Fort Worth,Texas 76110-4014 7-923-3131 Firm Registration No.100919-00 ,eco O® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY1) 5/14/2018 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 CONTANAME: Linda Smith,CISR,ACSR Higginbotham Insurance Agency, Inc. PHONE ! FAX 500 W. 13th •817-349-2282 A/C No):817-882-9284 Fort Worth,TX 76102 ADORIESS: Ism lth hi inbotham.net INSURERS AFFORDING COVERAGE NAIC# INSURER A:American Hallmark Insurance Cc of Texas 43494 INSURED-- --- SINCL - ----- - -------- ------ ----- ---- ---- ----- - Sinclair Holdings LLC INSURER B: 515 Houston St..#800 INSURER C: Fort Worth,TX 76102 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1379694681 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSID WVD POLICY NUMBER MMIDD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 44MG495326 8/28/2017 8/28/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE IJ OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 i PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY E JECT 7 LOC PRODUCTS-COMP/OP AGG $2.000,000 OTHER: $ AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLAUTOS ! BODILY INJURY(Per accident) $ Y HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ ! UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE; AGGREGATE $ DED RETENTION$ ! $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA --- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEES $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: 512 Main St.,Fort Worth,TX 76102 (Advantage Extension endorsement for specific project) 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. Planning&Development-CFA Office PN 18-00050 AUTHORIZED REPRESENTATIVE 200 Texas Street Fort Worth,TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. 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