Loading...
HomeMy WebLinkAboutContract 50913 CITY SECRETARY�d CONTRACT NO. RIGHT OF WAY 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 Carlyle/Cypress West 7" LP, a Delaware limited partnership, "Licensee", acting herein by and through its duly authorized vice president, the owner of the real property located at 2833 Crockett Street, Fort Worth, Texas 76107 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way(individually or collectively, the"Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as Exhibit"A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee, NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD J CITY SECRETARY P AGREEMENT IST.WORTH,TX � � Q c� 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 and maintaining an outdoor patio (whether one or more, the "Improvements") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attached hereto. ROW Encroachment Agreement-Commercial Page 1 of 12 Revised 10/2017 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 made more costly by virtue of the construction, maintenance or existence of the Improvements 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 ROW Encroachment Agreement-Commercial Page 2 of 12 Revised 10/2017 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 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 ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 10/2017 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. 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, ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 10/2017 ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as described or depicted in Exhibit"A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability With the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts promptly following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. 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 ROW Encroachment Agreement-Commercial Page 5 of 12 Revised 10/2017 Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 6 of 12 Revised 10/2017 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 Carlyle/Cypress West 7' LP, a Delaware limited partnership By: Carlyle/Cypress West 7"GP,LLC, a Delaware limited liability company, its general partner By: Carlyle/Cypress Retail I, LP, a Delaware limited partnership, its sole member By: Carlyle Retail I GP, LLC A Delaware limited liability company, general partner By: By: Randle Harwood Name: Michael Gershenson Director Title: Vice President Planning and Development Department Date: ��, 2018 Date: , 2018 A EST: A roved As To Form and Legality City Secretary � O Assistant City Attorney Asel 0 '2 •�XAS OFFICIAL RECORD CITY SECRETARY FT.WORTHS Tx ROW Encroachment Agreement-Commercial Page 7 of 12 Revised 10/2017 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. Janie S. Morales Development Manager ROW Encroachment Agreement-Commercial Page 8 of 12 Revised 10/2017 THIS PAGE FOR CITY OF FORTWORTH STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on O=o c2,2. , 2018 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. JENNIFER LOUISE EZERNACK Nota PUb11C, to e ofTexas :_°;'—��:Notary Public,State of Texas �'�. "F Comm. Expires 03-01-2020 //„ Notary ID 130561630 ROW Encroachment Agreement-Commercial Page 9 of 12 Revised 10/2017 STATE OF § COUNTY OFybAJ t v - § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michael Gershenson, Vice President, 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 Carlyle/Cypress West 7" LP, a Delaware limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of I ( ( , 2018. Notary Public in and for the State of Np_Lj-1 0�k- SARAH DUNIVANT Notary Public-State of New York No.01DU6360670 Qualified in New York County My Commission Expires June 26,2021 After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 ROW Encroachment Agreement-Commercial Page 10 of 12 Revised 10/2017 LEGAL DESCRIPTION OF THE PROPERTY Being all of Lot 1-R and Lot 17-R, Block 8, Van Zandt's Park Addition, an addition to the City of Fort Worth, as recorded in Cabinet A, Slide 12768, Plat Records, Tarrant County, Texas. ROW Encroachment Agreement-Commercial Page 11 of 12 Revised 10/2017 EXHIBIT "A" Location and Description of Encroachment and Improvements ROW Encroachment Agreement-Commercial Page 12 of 12 Revised 10/2017 c v � _ o ITv s o " v �--.• O ro C O o w v c C E v v %&-. to :3 o o 11 N L ru C E ° cu v pr Ln � v N i M Ln Z m fu C U (X C o o Q 0 �.._..� .._ Q O O Ln zLLI V/ O W to o _ � o .� LU XjLQ O -p 3: u u X Z a LL lU w F4 4- m/ L �6y LJ A381S H003 0' j � k t ` n c �o o52 ®c o � m Wa I 1 g� zaWgN D a o E w 0U2. Jo r iI F- tW_ ' 9z mw Er n .. X E 13381SD88n0 H' El w w 'w� r 5c s$� �.9L::E i N C - w O 0 za 27—". w �• �LU �owNop p LU L,5 6z UJ UJ -wig s �ry V Q LL � 3� >0 is a 0 0 2.6 ym w w A381S OOOMHON p a I U E r C! O o w Y g�' J c o F } I p „.d' 00 a 3 G, w2nl O C o� m n �a A M "n Z F oy a w d Rao o • w s 2 _ x o —� H����1�b0�,�•���ssxx O 6 �a w ��� �� @fwaF0. Y o oo 6cc o oma LL = - w s < m oso < 110 a I o - woo X,<F _ 0 90-O � M„60,C L.0o s — — — — O Oz w p Tf w NUm _0 U ,0.w -CHH{_J O3 111 Q L`008 Zaz poll I / t � '' W II Im — — — — — - $ Y Qao @arc SII I� �— ZJ U Z TE tl F^fA fA K ___ _ __ Z L l 4�'•' y� 0 N a IZ.O 3�_� »Oy ,L'6C ,z6 az �OnaU E dd wOo�a O \ W w<^ w I Q�= ae z> X a0 - - - - - - L7- � �b i° Z I ° Z'o oa T I o 9 U Q r y 00 O Y w f-: U r4 i.; I �` < U Q �AU a.-i LO LO V � �U) O Jam O I _ I o 0, Zot�i LO OZm �£ a ZO J- Z H sz z tz L W tz0 cZci a I'o '.. n m 63Otld61- UCD I ted. Ln jI �• LL o5� I�.ZO 5ji �'�” 3 LO w .S'bl m ,60L ,9-0L ,0-!L ,S OZ M ,0'b ,Z'b ,06 9-t Z 1=' 6z OD AVM3Z3388 13A31 1St f EE, O O E .S'£ z (hO N r4� ,S'ZZ ,W Y N .64 I .Z'OC C I.L'O (() Q 04 m N to 0J e U� m e "Ba a w \ Iry cOw m<LF c��[ �R y� tUko I I ® �O. WINO b ���� V! aVm 8e I I tem' ^rF- Qa I o=ff o m _ o I' C� n, y oq Q ZZQ Q m m - I ,Zo E) m 8� w- - I N� dm`8 _09 '8o w o �o ~'��i tziCg a I �- Q E- 8 ?€ NWZ� �I mm0 a In Q Wgg H j I .Z'o W �i r W .. 5's ca zo Ip C, '-z� >>Lz .o-L �u 88€ n IH 26 wZ3tl,, -og in C? u x m ` I� m <aUpW n'y> o o m > < P a m m N z I N N mvN �� n U�xb1- L'9 crl S bb 0 i6 '01 u� m�dm Io p c r 00£lI NNI1 $Lmi V 'N Oll� b'L 6.t u FO4 n g�g @AA Sg x''n ?'s (� 99l / jo5 �a ,EO : �Om w I $8 'I Z / C 8 to u. Qac x U0� a a so u d wz.�W `9 c^cr S'b o ,0'9Z r,D b 6-SZ ',0'b.Z'L ,9'tZ Y J 1 7 wopN4�4 ,90'0£t 3„ZZ,ZL.00 N .Hz Y — g— — — — — FUm< ." 131 I { " O i N o U O 313NONOO '�i U. N016 ONINWd ON 8 u 'Oj i < o p o r �u wW� H'M'O 2� 09) INMd IgI�:ntjnV 313.0.0. i • • ..f'.w �.11r All 4�SR3•• e 1 �r.tlw: X, inf(tit t= 3 ss „� I A��0 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/1112018 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 NAMEJune Clark _ ___ ____ - Newport Beach-Alliant Insurance Services, Inc. PHONE ........ FAX 1301 Dove St Ste 200 (A/C.-No­'F X 1 602-707-1933 _ to c_No) 949-750 2713 E-MAIL - - - __.. Newport Beach CA 92660 ADDRESS-June.Clark�}tt alliant com ......_..... _ ..... _ INSURER(S1AFFORDING COVERAGE _ NAIC# INSURER A:Philadelphia Indemnity Insurance Company 18058 ...._.._-- ------.. - -- --- -- INSURED VESTOEV-01 _INSURER 13:Continental Insurance Company Of New Jersey _ 42625 Vestar Development Company INSURER C: Hanover Insurance Cam an 22292 2425 E. Camelback Road, #750 ---- ------- --p--y----- ------ Phoenix,AZ 85016 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1514581970 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 1 _ ADDL SUER: POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DD/YYYY - LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PHPK1823261 6/'12018 !, c/1/20'9 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE ! X OCCUR DAMAGE S(Ea ocTED i PREMISES Ea occurrence) S 100,000 TXD'i,SIR:None ! MED EXP(Any one person) S 7.000 _ ! PERSONAL 8 ADV INJURY I S 1 OCC COO GEN'L AGGREGATE LIMIT APPLIES PER ! GENERAL AGGREGATE S 2A04 000 r— POLICY ! JECT i� LOC 'I : PRODUCTS-COMP/OP AGG S 2.000.000 '!OTHER: Employee Rene"t Agg S 2000,000 A AUTOMOBILE LIABILITY Y Y PHPK7823261 oitl2018 6iti2C'9 I COMBINED SINGLE LIMIT SIAGQ DOG Ea accident ANY AUTO BODILY INJURY(Per person) S O`NNEDImo.SCHEDULED AUTOS ONLY .AUTOS ! BODILY INJURY iPer accident)'. S X HIRE x NON-OWNED - PROPERTY DAMAGE S AUTOS ONLY L—{AUTOS ONLY '.. ! IPer acadentl B X i UMBRELLA LIAB X OCCUR Y Y u72121fi44 =;�"/2013 61112'19 ; EACH OCCURRENCE S25.OGO.00G EXCESS LIAB CLAIMS-MADE 'AGGREGATE S 25,000.000 DED X RETENTIONS + S WORKERS COMPENSATION ( I PER OTH AND EMPLOYERS'LIABILITY Y/N STATUTE ER IANYPROPRIETOR;PARTNER EXE�'JTIb'E I - ' E.L.EACH ACCIDENT S OFFICER,IJEMBER EXCLL,DED'% ❑ N/A; (Mandatory in NH) E.L.DISEASE-EA ENIPLOYEE! S If yes.describe under ! DESCRIPTION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT !S C Protess cnal Uapihty LH3A648421C3 J 6i1/2018 611112019 Each Claim 5 000,000 r'.o_graoate5 OCC COG Deduct;Ne-Each Claim SG.GCO DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Fort Worth, 1000 Throckmorton St. Fort VVorth Texas 76102 are included as additional insured as respects General Liability,Auto Liability and Umbrella/Excess Liability coverage as required by written contract subject to the policy terms.conditions and exclusions. Waiver of subrogation applies in favor of the Additional Insured with respect to General Liability,Auto Liability and Umbrella/Excess Liability coverage as required by written contract. 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 18-00068 AUTHORIZED REPRESENTATIVE 200 Texas Street Fort Worth TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number TB7-Z91-462592-017 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR REAL ESTATE AND PROPERTY MANAGERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You—Expanded Coverage Item 4. Bodily Injury To Co-Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Or Offense Item 7. Notice Of Occurrence Or Offense Item 8. Unintentional Failure To Disclose Item 9. Bodily Injury Redefined Item 10. Supplementary Payments—Increased Limits Item 11. Aircraft With Chartered Crew Item 12. Valet Parking Services Item 13. Newly Formed Or Acquired Entities Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I—Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I—Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You—Expanded Coverage A. The final paragraph of 2. Exclusions of Section I—Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 04 59 01 17 O 2016 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Exclusions c.through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits Of Insurance. B. Paragraph 6. of Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of"insured contract" in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section II—Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers' (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or"volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members(if you are a limited liability company); or (4) To a co-"employee" or "volunteer worker" while that co"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II— Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. LC 04 59 01 17 m 2016 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material ofinsurance Services Office,Inc.,with its permission. B. The insurance provided by this Item 4.for"bodily injury" to a co-"employee" or "volunteer worker" will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Rem 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II—Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, any "employee" or"volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury"that (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. With respect to "employees" and 'volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract"or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest,fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V—Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or"employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 04 59 01 17 ®2016 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer" or "employee"that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V—Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a, above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments—Increased Limits Paragraphs 1.b. and 1.d. of Section I — Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Aircraft With Chartered Crew The following is added to Exclusion g. of Section I—Coverage A—Bodily Injury And Property Damage Liability: This exclusion does not apply to an aircraft that you do not own that is: (a) Chartered with a pilot by any insured; and (b) Not being used to cant' any person or property for a charge collected or received by the insured. Item 12. Valet Parking Services Paragraph (3) of Exclusion g. of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: (3) Parking an "auto": (a) On, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you; or (b) That is not owned by or rented to you as part of your "valet parking services". LC 04 59 01 17 m 2016 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material oflnsurance Services Office,Inc.,with its permission. "Valet parking services" means parking arrangements provided by you or those working on your behalf, where your customer's"auto"is parked and retrieved by an attendant whether or not this service is provided for a fee. Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II—Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier, b. Section I—Coverage A—Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or"property damage" occurs, or offense giving rise to "personal and advertising injury"is committed subsequent to the execution of the written contract or agreement. LC 04 59 0117 ©2016 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material oflrisurance Services Office,Inc.,with its permission. Policy Number TB7-Z91-462592-017 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR REAL ESTATEAND PROPERTY MANAGERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessees of Premises Managers or Lessors of Premises Mortgagees,Assignees or Receivers Any Person or Organization Item 2. Blanket Additional Insured—Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2, of Section II—Who Is An Insured is amended to add the following: Additional Insured by Written Agreement The following are insureds under the policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessees of Premises: Any person(s) or organization(s) who leases or rents a part of the premises you own or manage and for whom you are required to procure additional insured coverage, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person(s)or organization(s) or any other tenant(s) or lessee(s). This insurance does not apply to any"occurrence" which takes place after the premises lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out.of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 65 0117 O 2016 Liberty Mutual Insurance Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Nlortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s)or organization(s) more specifically covered in Paragraphs 1 through 3 above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf, or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this policy applies to such person(s) or organization(s) with regard to the "bodily injury`, "property damage" or"personal and advertising injury"; LC 20 65 01 17 m 2016 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material oflnsurance Services Office,Inc.,with its permission. 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or"property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Item 2. Blanket Additional Insured—Grantor Of Permits Paragraph 2. of Section II-Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or"personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or"suit". LC 20 65 01 17 O 2016 Liberty Mutual Insurance Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.