Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 51093
CITY SECRETARY CONTRACT NO. 5� 3 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 Jackson-Shaw / Fort Worth Limited Partnership, a Texas limited liability company ("Licensee"), acting herein by and through its duly authorized Vice President, the owner of the real property located at 101 West 5th 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, NOW,THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. 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 operating a hotel in downtown Fort Worth (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. EOFFIcIAL RECORDRIGHT OF WAY ENCROACHMENT AGREEMENT—Page 1 Y geeCRE'�"ARYe IHf�nTol T 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 Works or the Director of the Water Department, or said Director's duly authorized representative. RIGHT OF WAY ENCROACHMENT AGREEMENT—Page 2 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 that does not preclude the use of the Improvements or the Property for a hotel building, parking garage, or activities related thereto, 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 RIGHT OF WAY ENCROACHMENT AGREEMENT—Page 3 contemplated or not, that this Agreement may be modified by the governing body of the City so as to allow for such use. 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, 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, RIGHT OF WAY ENCROACHMENT AGREEMENT-•Page 4 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 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. RIGHT OF WAY ENCROACHMENT AGREEMENT—Page 5 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] RIGHT OF WAY ENCROACHMENT AGREEMENT—Page 6 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute on instrument. City: Licensee: CITY OFF RT WORTH JACKSON-SHAW/FORT WORTH LIMITED PARTNERSHIP, a Texas limited partnership By: By: JSC Fort Worth GP,LLC Randle arwood, Director a Texas limited liability company, Planning and Development its general partner Department A�,� By:e " 'I Michele Wheeler, Vice President Date: 45/-7(10Date: July 30, 2018 ATTEST: �- Approved As To Form and Legality SORT .................. .. k Ci Secre ';Z s Stant Cit Attorney U� Contract Complianc anag pt 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-L-(AJL),� nie S. Morales Development Manager LOIFFICIAL RIICORD RIGHT OF WAY ENCROACHMENT AGREEMENT—Signature Page i" "THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY" STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2018 by Randle Harwood, Director of the Planning and Development Departm&A of the City of Fort Worth, on behalf of the City of Fort Wort . No ry Publi , tate o Tex s YPq!�� JENNIFER LOUISE EZERNACK ;Notary Public,State of Texas =N,• Q; Comm.Expires 03-01-2020 130561630 �nma RIGHT OF WAY ENCROACHMENT AGREEMENT—Acknowledgement Page STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michele Wheeler, 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 JSC Fort Worth GP, LLC, a Texas limited liability company, in its capacity as general partner of Jackson-Shaw/Fort Worth Limited Partnership, a Texas limited partnership, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of July , 2018. JANA DAVIDSON =o�P0.Y ape`s' Notary Public. State of TQxas x Comm. Expiras 03-24-2020 :9r �*• Notary Public, State of Texas Notory l0 13054442.7 After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth, TX 76102 RIGHT OF WAY ENCROACHMENT AGREEMENT—Acknowledgement Page ENCROACHMENT-LEGAL DESCRIPTION BEING a 0.0420 acre tract or parcel of land situated in the Mitchell Baugh Survey,Abstract Number 106,in the City of Fort Worth,Tarrant County,Texas,and being a part of Houston Street(an 80-foot wide Right-of-Way),5th Street(a 60-foot wide Right-of-Way)and Main Street(an 80-foot wide Right-of-Way),said tract being adjacent to Lots 7,8, 15 and 16,Block 97 of the Original Town of Fort Worth,an unrecorded addition in the City of Fort Worth,same being described to Jackson-Shaw/Fort Worth Limited Partnership in a Special Warranty Deed recorded in Instrument Number D217122254,Official Public Records,Tarrant County,Texas(O.P.R.T.C.T.),and said tract being more particularly described by metes and bounds as follows: BEGINNING at the east corner of said Lot 15 and the north comer of Lot 14, Block 97 of said Original Town of Fort Worth,said point being the north corner of a tract of land described to Triton Kress, LLC in a Special Warranty Deed recorded in Instrument Number D215056275, O.P.R.T.C.T.,and said point being in the southwest line of said Main Street,from said point a rivet found in brick bears North 58"56'07"East, 5.10 feet; THENCE North 30"31'46"West following the southwest line of said Main Street and the northeast line of said Lots 15 and 16 for a distance of 50.00 feet to the north corner of said Lot 16,said point being the intersection of the southwest line of said Main Street and the southeast line of said 5th Street,from said point a'Y'mark found in brick bears North 42°51'09"East,5.93 feet; THENCE South 59`28' 13"West following the southeast line of said 5th Street and the northwest line of said Lots 16 and 8 for a distance of 200.00 feet to the west corner of said Lot 8,said point being the intersection of the southeast line of said 5th Street and the northeast line of said Houston Street,from said point an'X'mark found in concrete bears North 79°46'25"West,6.35 feet; THENCE South 30°31'46"East following the northeast line of said Houston Street and the southwest line of said Lots 8 and 7 for a distance of 50.00 feet to the south comer of said Lot 7 and the west corner of Lot 6,Block 97 of said Original Town of Fort Worth,said point being the west corner of said Triton Kress,LLC tract,and from said point an'X'mark found in concrete bears South 59"34'07"West,4.97 feet; THENCE departing the northeast line of said Houston Street and the southwest line of said Block 97,over and across said Houston,5th and Main Streets the following courses and distances: South 59°28' 14"West for a distance of 5.00 feet to a point for corner; Map Line Table(Sheet 2) Map Line Table(Sheet 2) North 30"31'46"West for a distance of 25.98 feet to a point for comer; South 59"28' 14"West for a distance of 4.60 feet to a point for corner; Line# Bearing Length Line# Bearing Length North 30"31'46"West for a distance of 22.12 feet to a point for corner; L1 N58°56'07"E 5.10' L11 N30°31'48'W 4.59' North 59"28' 14"East for a distance of 4.60 feet to a point for corner; L2 N42°51'09"E 5.93' L12 N59"28'13"E 10.57' North 30"31'46"West for a distance of 6.90 feet to a point for comer; L3 N79°46'25'W 6.35' L13 S30°31'47"E 4.59' North 59"28' 13"East for a distance of 108.54 feet to a point for corner; L4 S59°34'07"W 4.97' L14 S30°31'46"E 11.62' North 30"31'48"West for a distance of 4.59 feet to a point for corner; L5 S59°28'14'W 5.00' L15 N59°28'14"E 5.60' North 59"28'13"East for a distance of 10.57 feet to a point for corner; L6 N30°31'46'W 25.98' L16 S30°31'46"E 22.96' South 30"31'47"East for a distance of 4.59 feet to a point for corner; North 59°28' 13"East for a distance of 90.88 feet to a point for corner, L7 S59°28'14"W 4.60' L17 S59°28'14'W 5.60' South 30"31'46"East for a distance of 11.62 feet to a point for corner; L8 N30°31'46"W 22.12' L18 S30°31'46"E 20.41' North 59"28'14"East for a distance of 5.60 feet to a point for corner; L9 N59°28'14"E 4.60' L19 S59°28'14'W 5.00' South 30°31'46"East for a distance of 22.96 feet to a point for corner; L10 N30°31'46'W 6.90' South 59°28' 14"West for a distance of 5.60 feet to a point for corner; South 30"31'46"East for a distance of 20.41 feet to a point for corner, South 59"28' 14"West for a distance of 5.00 feet to the POINT OF BEGINNING and containing an area of 1,829 Square Feet or 0.0420 Acres of land,more or less. OF ENCROACHMENT `Q���,sTFR-o }9 0.0420 ACRES OUT OF HOUSTON STREET, MAIN STREET AND 5TH STREET ADJACENT TO LOTS 7,8, 15& 16, BLOCK 97 DAVID... McCULLAH . IN THE MITCHELL BAUGH SURVEY,ABSTRACT NO. 106 David F.M�cCullah, f'•A 4023 .4z CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Texas Registered Professional Land ��(i ��Ft SS�Ca'k APRIL 2018 Surveyor No.4023 S lJ R`)� Brown&Gay Engineers,Inc. 4-27-18 2595 Dallas Pkwy.,Suite 204,Frisco,TX 75034 BEARING BASIS: Tel:972-464-4800• www.bgeinc.com BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, TBPLS Registration No. 10193953 NORTH CENTRAL ZONE 4202,NORTH AMERICAN DATUM OF 1983,(2011). DFM/SPR SHEET 1 OF 2 Q:\NTX 5urvey Surrey Data AC Hotel — Fort WORK 07_ExhibAs Encroachment Esmt AC Hotel — Encroochment Esmt.dwg pt �j� A/ l &\C) SCALE: 014 Q 4-• t^ \aG• `�O. 0 � .� �O�d�al �'. ,!►gip �c �t3 G- 40%. o. - Cly. �A,,,,''.': %;��� :✓ Q Q 40%. 40 ,�!� �ni vpt �0 \� �S 6 i P - P.O.B. $a,►g o• a'� �Ch; NbS COt 0• % A Alp-IL A ��� �'�i$';;' $ S0�'p Q Pp 1 G'�• �A Lpt4-1C.\ OQ��• .� A 1 L10 t Vol A �\aC,\- OQ. op�g9 V; l FSO O V0 1 00. J%0 t��pG SCOL oOQ�q -' LEGEND V00\ D.R.TC.T INSTRUMENTNUMBER ENCROACHMENT D.R.T.C.T. DEED RECORDS,TARRANT CFCUBO.PR.TC.T OFA PUBLIC RECORDS, 0.0420 ACRES OUT OF HOUSTON STREET, TARRANTCOUNTY,TEXAS PG. PAGE MAIN STREET AND 5TH STREET P.O.B. POINT OF BEGINNING VOL.,PG. VOLUME,PAGE ADJACENT TO LOTS 7,8, 15& 16, BLOCK 97 Row RIGHT OF WAY 'Y'FND 'Y'MARK FOUND IN THE MITCHELL BAUGH SURVEY,ABSTRACT NO.106 FOUND: NN FND W MARK FOUND INN BRICK CONCRETE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS RIVET FND RIVET FOUND IN BRICK NONUMBER APRIL 2018 . SQ.FT. SQUARE FEET Brown&Gay Engineers,Inc. REF.MON. REFERENCE MONUMENT 2595 Dallas Pkwy.,Suite 204, Frisco,TX 75034 BEARING BASIS: Tel:972-464-4800• www.bgeinc.com BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, TBPLS Registration No.10193953 NORTH CENTRAL ZONE 4202,NORTH AMERICAN DATUM OF 1983,(2011). DFM/SPR SHEET 2 OF 2 Q:\NTX Survey Survey Data C Hotel — fort Worth 07—Exhibits Encroachment Esmt C Hotel — Encroachment Esmt.dwg EXHIBIT A PN 18-00052 Revised Request—items modified or added since last submittal are highlighted OWNER: Jackson-Shaw/Fort Worth LP TAD: 14437-97-7 14437-97-15 Fort Worth Original Town,Block 97, Lots 7, 8, 15 &16 ADDRESS: per TAD(601 Houston&610 Main) 101 West 5'h Street(per Fire,approved for this project and used for this request) The encroachment exhibits show a perimeter area of 2,490 square feet. This area contains the following on a floor by floor basis: FEE: perimeter area 2,490sf x$0.56/sf= $1,394.40 Soil nails 8551f(outside of perimeter area)x$0.56/lf= $478.80 TOTAL ANNUAL FEE $1,873.20 GROUND • Multiple door swings(labeled as"I") • Planters(labeled as"2") • Irrigation for planters • Surface grates/vents for ventilation(labeled as"3") o Includes emergency generator,laundry and combustion o ONCOR vault&vent(labeled as"3a"are existing and not included in this request) o ONCOR vault&vent(labeled as"3b"are proposed by ONCOR and are included in this request) • Fencing/screening for outdoor dining(labeled as"4") • Pedestrian benches(labeled as"5") • Canopy/awning(shown on architectural elevations) • Grease trap and appurtenances(area labeled as"6"),plan/elevations included • Lighted bollards(labeled as"7") o Street lights,as shown,are public and not included in this request • Down spouts are included(labeled as"8") • Footings for excavation for lower level,will remain after complete(labeled as"9") • Soil nails for excavation for the lower level,will remain after complete(labeled as"10") • Sanitary sewer(connection from main to building, labeled as"11") LEVEL 2 • Banner sconce • Cornice • Signage, attached • Signage,banner LEVEL 3/4 0 Second cornice K a SVX31 A1NnOO 1NV28N1 $ '� HIUOM 1201 j0"0n i i; S3NOtl O'9 R F?Hjii g ! L6 HO01B NMOL WNIORIO N1LOM LLO� $g66 +p g�T d ` 9 W S�� 9tTS1'9'LLOlEVE F if 7y g t w! 1S HIS 4'1S NoisnOH a • i �IR c v �41310H Ob' C c v R � 1181HX3 • . y t w IE V3dV 1N3WHO` O'dON3 a g Oo•,earotl II F4 m z Lssacs HIv N zF _ 699 o � F d�6Yflb� kt: :u�!•t: :u a 1 �a _ t b � n 4 • ! _ iC V r toil! e Fk Ili w ail gg u. 3 I •' F 1 gg gg E I RUH I t t z n L; r A ..J w f yy { 3 4'i T (• V Q. �J w T U Z ui o _ gg j � g{ t �E6 f J a �.... f- � s �{ '9N S A7OAS/L O H 1 \a A _ , _ ....._. F ri ' r = E I PerI � 5 _ 4 r—� x�4p y ex 1 r y � Q c J J WW LU >>¢ Yt 4 LL E LU W W z F U E aa-i`J(Dt _ V V U— Q N W W C7�'UU� y za--W _pzzz zzWWz - - 3¢00¢ ¢UUUco .-N fhR Lf) i~ kip i -Tins Fort Worth Main Scat .jazz Lounge Street hgshcr Center �� Emassy Su :es cy H E c ort r'!7f""! Do,.i nto,,,in DEE court aA Ly 13 t 1 Dela nm CA:; R ' QJ dry V,;ri Q T M Y ;mil CL 19Z XI'H"'d" ] ; NIYW ONY HIS 7310H DY 1 1 MVHS NOS)IJdf Ulf l� fill" y i!3 1J i if if lit jji lii l c, tr 1 o If -- € a i' " !1J !J �! i Itall I W ft ; cc t 1 { ( �! 1 ei ► I . 4 , ria �9 � - L!� Ii �E• IS NIVN 1 !j-7 _•..,,..' cs _ '11 f� :', i 1�C 1� I _J o a _4 01 � y t Q Li a 3 = z — O J 11 CLLL f c LU 11 \\\- '.' •t _ 'f�`,"..-�.�.• Q to 5_ '1S NojsnOH U Z w I ! I 1 � I i I � I tt a m EMI WD I i i I I I o a 4 � ' I X j n LU r LU Ea jEUI u Q E - / U E Q U- ") z b= _ a �o V Z y i I L I � �C m ;moo L4 I II f i i { J m ( � I w > - i LU 3 �CL 0 o fl a i LL O E U O E z Q L J w V YY� Y J Z w E. I t i I o I i � ' I a x ! Ya - • f x0 C O I W Z -- fl C M i TIM Y w ry > 4- T—Z, I LU Y ., i ; Qo O Z C x 0 w � O EY U Z Nil al^ ' 3 �mS --- OS ----- --------------- ---- -- ------- — 2 it AIl9dWld ---'—p5------ —..--•------------------ `-- ------ O _C w L 3 0 z p O LL F, E U w E Q v� PN 18-00052 Revised Request—items modified or added are highlighted OWNER: Jackson-Shaw/Fort Worth LP TAD: 14437-97-7 14437-97-15 Fort Worth Original Town, Block 97,Lots 7, 8, 15 &16 ADDRESS: per TAD(601 Houston& 610 Main) 101 West 51 Street(per Fire,approved for this project and used for this request) The encroachment exhibits show a perimeter area of 1,900 square feet. This area contains the following on a floor by floor basis: GROUND • Multiple door swings(labeled as"1") • Planters(labeled as"2") • Irrigation for planters • Surface grates for ventilation(labeled as"3") o ONCOR vault&vent(labeled as"3a"are existing and not included in this request) o ONCOR vault&vent(labeled as"3b"are proposed by ONCOR and not included in this request) • Fencing/screening for outdoor dining(labeled as"4") • Pedestrian benches(labeled as"5") • Canopy/awning(shown on architectural elevations) • Grease trap and appurtenances(area labeled as"6"),plan/elevations included • Lighted bollards(labeled as"7") o Street lights, as shown, are public and not included in this request LEVEL 2 • Banner sconce • Cornice • Signage,attached • Signage, banner LEVEL 3/4 • Second cornice ENCROACHMENT-LEGAL DESCRIPTION BEING a 0.0515 acre tract or parcel of land situated in the Mitchell Baugh Survey,Abstract Number 106,in the City of Fort Worth,Tarrant County,Texas,and being a part of Houston Street(an 80-foot wide Right-of-Way),5th Street(a 60-foot wide Right-of-Way)and Main Street(an 80-foot wide Right-of-Way),said tract being adjacent to Lots 7,8, 15 and 16, Block 97 of the Original Town of Fort Worth, an unrecorded addition in the City of Fort Worth,same being described to Jackson-Shaw/Fort Worth Limited Partnership in a Special Warranty Deed recorded in Instrument Number D217122254,Official Public Records,Tarrant County,Texas(O.P.R.T.C.T.), and said tract being more particularly described by metes and bounds as follows: BEGINNING at the east corner of said Lot 15 and the north comer of Lot 14,Block 97 of said Original Town of Fort Worth,said point being the north comer of a tract of land described to Triton Kress,LLC in a Special Warranty Deed recorded in Instrument Number D215056275, O.P.R.T.C.T.,and said point being in the southwest line of said Main Street,and from said point a rivet found in brick bears North 58°56'07" East,5.10 feet; THENCE North 30°31'46"West following the southwest line of said Main Street and the northeast line of said Lots 15 and 16 for a distance of 50.00 feet to the north comer of said Lot 16,said point being the intersection of the southwest line of said Main Street and the southeast line of said 5th Street,from said point a'Y'mark found in brick bears North 42'51'09"East,5.93 feet; THENCE South 59°28' 13"West following the southeast line of said 5th Street and the northwest line of said Lots 16 and 8 for a distance of 200.00 feet to the west comer of said Lot 8,said point being the intersection of the southeast line of said 5th Street and the northeast line of said Houston Street,from said point an'X'mark found in concrete bears North 79°46'25"West,6.35 feet; THENCE South 30"31'46"East following the northeast line of said Houston Street and the southwest line of said Lots 8 and 7 for a distance of 50.00 feet to the south comer of said Lot 7 and the west corner of Lot 6,Block 97 of said Original Town of Fort Worth,said point being the west corner of said Triton Kress,LLC tract,and from said point an'X'mark found in concrete bears South 59'34'07"West,4.97 feet; THENCE departing the northeast line of said Houston Street and the southwest line of said Block 97,over and across said Houston,5th and Main Streets the following courses and distances: South 59°28'14"West for a distance of 5.00 feet to a point for comer; Map Line Table(Sheet 2) Map Line Table(Sheet 2) North 30°31'46"West for a distance of 25.98 feet to a point for corner; South 59°28'14"West for a distance of 4.60 feet to a point for corner, Line# Bearing Length Line# Bearing Length North 30°31'46"West for a distance of 22.12 feet to a point for comer, L1 N58°56'07"E 5.10' L11 N30°31'47"W 4.59' North 59°28' 14"East for a distance of 4.60 feet to a point for corner; L2 N42°51'09"E 5.93' L12 S30°31'47"E 4.59' North 30°31'46"West for a distance of 6.90 feet to a point for corner; L3 N79°46'25'W 6.35' L13 N59°28'13"E 30.20' North 59°28'13"East for a distance of 79.21 feet to a point for corner; L4 S59°34'OT'W 4.97' L14 S30°31'46"E 11.62' North 30"31'47"West for a distance of 4.59 feet to a point for corner; L5 S59°28'14'W 5.00' L15 N59°28'14"E 5.60' North 59°28' 13"East for a distance of 100.58 feet to a point for corner; L6 N30°3146"W 25.98' L16 S30°31'46"E 22.96' South 30°31'4T'East for a distance of 4.59 feet to a point for comer, North 59°28'13"East for a distance of 30.20 feet to a point for corner; L7 S59°28'14'W 4.60' L17 S59°28'14"W 5.60' South 30°31'46"East for a distance of 11.62 feet to a point for corner; L8 I N30°31'46'W 22.12' L18 S30°31'46"E 20.41' North 59°28'14"East for a distance of 5.60 feet to a point for comer; L9 N59°28'14"E 4.60' L19 S59°28'14'W 5.00' South 30°31'46"East for a distance of 22.96 feet to a point for corner; L10 N30°31'46'W 6.90' South 59°28'14"West for a distance of 5.60 feet to a point for comer; South 30°31'46"East for a distance of 20.41 feet to a point for corner; South 59°28'14"West for a distance of 5.00 feet to the POINT OF BEGINNING and containing an area of 2,242 Square Feet or 0.0515 Acres of land,more or less. ENCROACHMENT P GXSTER' -I 0.0515 ACRES OUT OF HOUSTON STREET, �.•�F, Fp•.y PRELIMINARY MAIN STREET AND 5TH STREET RELEASED 5-8-18 FOR DAVID F.-MCCULLAH ADJACENT TO LOTS 7,8, 15& 16, BLOCK 97 REVIEW ONLY ••.•••..••••....•••• IN THE MITCHELL BAUGH SURVEY,ABSTRACT NO. 106 David F.McCullah, <'• o 4023 P. : CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Texas Registered Professional Land �'1iFESS���' L� MAY 2018 Surveyor No.4023 S•U RAF' Brown&Gay Engineers, Inc. 5-8-18 2595 Dallas Pkwy.,Suite 204,Frisco,TX 75034 BEARING BASIS: Tel:972-464-4800 • www.bgeinc.com BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, TBPLS Registration No. 10193953 NORTH CENTRAL ZONE 4202,NORTH AMERICAN DATUM OF 1983,(2011). DFM/SPR SHEET 1 OF 2 DJW AC -ale. — ice, IAcrM1 (I _LTbft hn2mK9 nrnt =smf%!%C Hc m — 0' 15' 30' pc (4p� �G 1 i �< n OGS FG�' �t9 p\� ,6\ / IOv\�' SCALE: 1"=30' Vr GSc,�G\r O• �' (� j G• $� psi \p�-L17 �S'� ,moi � 635��ro0 9 '���A� ot16 so �*mss •`L v �O. °a�hs�06 �GP %'9'w /' / P.O.B. t e��B t�° ltd o voll / 051 A,,. S 0 /�•C j` l�\�,1��'�P•cl - Lot 0 / � �p1 �iA,A�� �• ��I��7.10 7',L4j� 1F net;-, vot8 \� dc' 1,O��GR� ot13 Ll 4 voll J:1F c,S L1 vol" \ Q ti vol" Ib o �,�1 n O O RS A C� of 5 � �GJ O� ,O9e,� Imp J A tf LEGEND \ INST.C.T. INSTRUMENT NUMBER ENCROACHMENT D.R.T.C.TDEED RECORDS,TARRANT cOUCIALPUBLITEXAS 0.0515 ACRES OUT OF HOUSTON STREET O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, f PG. TARRANT MAIN STREET AND 5TH STREET P.O.B. POINT OF BEGINNING VOL.,PG. VOLUME,PAGE ADJACENT TO LOTS 7,8, 15&16, BLOCK 97 Row RIGHT OF WAY ^('FND ^('MARK FOUNDN BRICK IN THE MITCHELL BAUGH SURVEY,ABSTRACT NO. 106 I 'x'FND 'X'MARK FOUND IN CONCRETE CITY OF FORT WORTH,TARRANT COUNTY, TEXAS RIVET FND RIVET FOUND IN BRICK NO. NUMBER MAY 2018 AC ACRES SQ.FT. SQUARE FEET Brown &Gay Engineers, Inc. REF.MON. REFERENCE MONUMENT 2595 Dallas Pkwy.,Suite 204,Frisco,TX 75034 r BEARING BASIS: Tel:972-464-4800• www.bgeinc.com BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, TBPLS Registration No. 10193953 NORTH CENTRAL ZONE 4202,NORTH AMERICAN DATUM OF 1983,(2011). DFM/SPR SHEET 2 OF 2 Q:\NTX Survey Survey Data AC Hotel — Fort Worth 07_Exhibits Encroachment Esmt AC Hotel — Encroachment Esmt.dwg R W731 A1Nno0 iNvNNv.L _ HLMOM 1210]i0 Allo bye 3 �j S 9 43110V M 0 tl al'e tl L5,Aoo_NMOL R1 WN100 HIWM ltl03 3n,. 3i WR 9�4SL'9'L l0I ptl-yF Se 9 ": bi � 'a '1S H1S 41S NoisnOH itlSgE� y ..m ,� F 1310H0b' gill tla �s ��� � �� 1191HX3 ` V3NV 1N3WHOv0NON3 < Intl Z 1!.d S N/ Y N W 954 $!� I La ��eks9 Y. .ba'Y 0 U, oY 3 "r a e d 3 8 1py d i ! � 33 gqq y y . �- g z �V85 . ]5 d�''Y e1yX3z y a 3ge3Qg9 sA yy43yf - r a Y YI7 Jkb'Y 4''9 C�tl�[�^E[t$Ywey r 6w Y ���Y t t _ii��2.,�Y �_5.A�Ys,Y �I Y i s J I D I L I s LJ It13 � Q tl ap 3 s` 5 1 Ya wLU 95 :Qi IEC � 3 " C7 �5 M O EE � �7 tl i 2 i E YY i Ir $acrd cOI I ee e y 1i T�' II 4', + 0 11. IQ �yI rg E:Y o %� °j - ?�� tlt Iii 'y8 J LU >! I Y� 0 w .3j LLI a dy�'�• �, p 1 l Z 3 3f y titl �tl tle Z LL .0 tl9d 93 ga O z il J CLCL Ea - pY s�i D, am.m u ____ ______ _ S N O d S n O H ♦--ri---�--r-----t pa --��� N`----«�-'------------------- R SMC31'ALNno71N ON1. _ H1HOM 1HOe-4O Allo 93MOV CrO -- n •�P n d?y � �1 $ W�$� LB MOOIB NMOL TAMWO HLHOM 1Wz1 Sn J �¢ d1dRF 9L49VWL1OI q 4 C '1S H19 9'1S NolSnoN 1310HOd w q Z 5a 1191HX3 dbZil AS`d3aJ Y e� W O 9 3 a s�a 8 ; ds, o�a ¢e m= 4x 2 2 4. is Lu� Ii . ii Wn 15 Z e`91a° 'Ii1D'y laaagr€haw CL k 9 E� a 5 d yS G y e y o W Y kkl k _ kll l" N � R 1 1 4= 7 1 log) >LU gs l Is U) oil I!c�'•' a 6i � � E a 1 3�ecee " .L 3 3 N d M/ d/Y w a SIif e �aI.4e aDDr/( y 2k �BH c8E4r 1 ________—_L — it _ i S A I � oT-�- • � E 1 • I • _..._ .y �i A -I .'0 � �� �kpM{ 1 � �• v a, VY II 1 � � Ol iR:i • � e -d 1 E 10 OUR 11 M. ._...__.w A i Hms r e s e r ._ 7:I�. �E ,: ENCROACHMENT AREA s g m e C mC as{ EXHIBIT 3� @�§si. AC HOTEL � Y � 3 Y HOUSTON ST,8 STM ST R Y 0 � e lq �r Q1 c LorT.aisn�s x :�» 6 €, b W FORT WO RTI..ORIGINAL TOWN BLOCK 0, = E u 023 ACRES s4 E �- � C 11'O-FORT NOR?. _ ............:...L. TAR PANT JNT T%AS w . Y XY 1001 hO u17 g $ ® EZ'lNa ie pill iSNOO-SNMOl'NklDO,1tiOMildCi ,ai gi e is '1S HIS r x' ic„ �� • t is NOdsf10N ]i �]q ] T'� R Y 1310H Ott !] 19 !�t �' .�.. R W # 3 # 1191HX3 d"-L 35tt3aJ Ir, ; W 1 # s Y w cp UJI tA 1 i Y ➢s Stf —a+.��SaSSSSSSS f � _ 1 ! Dsc�. ai-: 3Q= 3��i #4i 9 N 1 AN! Y h w� i! I It R. v ACOR"" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 41�201U 5,'I1/2018 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 LOCKTON COMPANIES NAUNTACT M FAX 2100 ROSS AVENUE,SUITE 1400 A/c No,Ext): A/c No DALLAS TX 75201 E-MAIL 214-969-6700 A I INSUREI AFFORDING COVERAGE NAIC# INSURER A: Twin Cite Fife Insurance Com am 29459 INSURED Jackson-Shaw/Fort Worth Limited Partnership INSURER B: XL Specialty Insurance Compan,, 3788 1330143 c/o Jackson Shaw Company 4890 Alpha Rd.,#100 INSURER C Dallas TX 75244 INSURER D INSURER INSURER F COVERAGES 1;\CSHOI CERTIFICATE NUMBER: 15374054 REVISION NUMBER: XXXXXXX 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 INSD Nvo POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 4(1[JFNND0277 4r 15.2'01 S T 15:201c) EACH OCCURRENCE 1.000.000 CLAIMS-MADE FX IOCCUR DAMAGETON PREMI ES EaREoccurrencTEDe 300.000 MED EXP(Any one person) S 10-000 PERSONAL&ADV INJURY S 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 7.000.000 POLICYJECT LOC PRODUCTS-CCMPOFAGG S 2.000.000 OTHER S AUTOMOBILE LIABILITY EOa CMB INEDtSINGLE LIMIT S XXXXXXX AUTO NOT APPLICABLE BODILY INJURY(Per person) 5 XXXXXXX OWNEDUTOS LY SCHEDULED BODILY INJURY(Per accident S XXXXXXX UTOS HIRED NON-OWNED PROPERTY DAMAGE S XXXXXXX AUTOS ONLY AUTOS ONLY Per acadent S B X UMBRELLA LIAB I X OCCUR N X I S0006�2201_11 SA 4 1 311 t S 4 1 2111() EACH OCCURRENCE S 20.000.000 EXCESS LIAB I CLAIMS-MADE AGGREGATE S 20.000.000 DEC) I X I RETENTION S 10.000 S XXXXXXX WORKERS COMPENSATION STATUTE_ O�IR I'A AND EMPLOYERS'LIABILITY YIN NOT APPLIBLE o A", PARTNERJ=XE-JT`�E ❑ NIA EL.E.ChACC',CE"aT S XXXXXXX 'FR CERMEMBER EXCL.CEC1 (Mandatory in NH) E DISEASE-EA EMPL'C"EE S XXXXXXX If;es ]escr:,.:ntl�r CEiCRiRT c."�pF CPERF-IiNS oeio.v FL 715?SE-� C'r ^T XXXXXXX DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) Re n 23 acres of land at no Main Street,Fort Worth.TX(corner of Fifth and Nlain):Loan q 11302o CERTIFICATE HOLDER CANCELLATION Sze Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 15374054 AUTHORIZED REPRESENTATIVE City of Fort Worth Planning&Development—CFA Office PN 18-00052 f 200 Texas Street Fort Worth TX 76102 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD attachment Code:D490124 Certificate Il) : 15374054 The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named insured under such organization is included as an insured by an policy but for its termination or the exhaustion endorsement issued by us and made a part of of its limits of insurance. this Coverage Part. 3. Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form, Any person(s) or organization(s) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial interest of more than 50% of the voting out of"your products"which are distributed or stock, will qualify as a Named Insured if there is sold in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: provides coverage for "bodily injury" or a. Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1) The insurance afforded the vendor is period,whichever is earlier; subject to the following additional b. Coverage A does not apply to "bodily injury" exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization;and a "Bodilyinjury"or"property dama a for c. Coverage B does not I to "personal and ( ) 1 rY' t " 9 apply P which the vendor is obligated to pay advertising injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability in a contract or agreement. organization. This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b)Any express warranty unauthorized by insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d)Repackaging, except when unpacked only if no other insurance of any kind is available solely for the purpose of inspection, to that person or organization for this liability. demonstration, testing, or the However, no person or organization is an insured substitution of parts under instructions with respect to: from the manufacturer, and then a. "Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft;or (e) Any failure to make such inspections, b. "Property damage" to property owned by, adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with 5. Additional Insureds When Required By the distribution or sale of the products; Written Contract, Written Agreement Or (f) Demonstration, installation, servicing Permit or repair operations, except such The following person(s) or organization(s)are an operations performed at the vendor's additional insured when you have agreed, in a premises in connection with the sale of written contract, written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor;or Page 12 of 21 HG 00 01 0916 Attachment Co Lie: D1901?1 Ccrtiticatc II) : 153 74Ou4 (h)"Bodily injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises;or vendor for its own acts or omissions or t (2) In the performance of your ongoing hose of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: exclusion exceptions contained in Sub- With respect to the insurance afforded these or nt additional insureds, the following additional paragraphs(n exclusion applies: (ii) Such inspections, adjustments, tests or servicing as the vendor has This insurance does not apply to "bodily agreed to make or normally injury', "property damage" or "personal and undertakes to make in the usual advertising injury" arising out of the rendering of or the failure to render any professional course of business, in connection with the distribution or sale of the services by or for you, including: products. 1. The preparing, approving, or failing to (2) This insurance does not apply to any prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, or any ingredient, part or container, specifications;or entering into, accompanying or containing 2. Supervisory, inspection, architectural or such products. engineering activities. b. Lessors Of Equipment This exclusion applies even if the claims (1) Any person(s) or organization(s) from against any insured allege negligence or whom you lease equipment; but only with other wrongdoing in the supervision, hiring, respect to their liability for "bodily injury", employment, training or monitoring of others "property damage" or "personal and by that insured, if the "occurrence" which advertising injury" caused, in whole or in caused the "bodily injury" or "property part, by your maintenance, operation or damage", or the offense which caused the use of equipment leased e, you by such "Personal and advertising injury', involved the person(s)equipment mentorgan zatsed t. rendering of or the failure to render any professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any"occurrence"which takes place after the equipment lease Any state or political subdivision,but only with expires. respect to operations performed by you or on c. Lessors Of Land Or Premises your behalf for which the state or political subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or premises leased to you. (1) "Bodily injury", "property damage" or "Personal and advertising injury" arising With respect to the insurance afforded these additional insureds the following additional out of operations performed for the state exclusions apply: or municipality;or PP y2 "Bodilyinjury" " e damage" This insurance does not apply to: ( ) 1 rY or "property included within the "products-completed 1. Any "occurrence" which takes place after operations hazard". you cease to lease that land;or f. Any Other Party 2. Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization. through e. above, but only with respect to d. Architects, Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or"personal and advertising injury"caused,in with respect to liability for "bodily injury", whole or in part, by your acts or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury"caused, in whole or in part, behalf: by your acts or omissions or the acts or (1) In the performance of your ongoing operations; HG 00 0109 16 Page 13 of 21 Attachment Cock:D41)0124(',n-titicatc ID : 153740�4 (2) In connection with your premises owned No person or organization is an insured with respect by or rented to you;or to the conduct of any current or past partnership, (3) In connection with "your work" and joint venture or limited liability company that is not included within the "products-completed shown as a Named Insured in the Declarations. operations hazard",but only if SECTION III-LIMITS OF INSURANCE (a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured;and Declarations and the rules below fix the most we (b)This Coverage Part provides coverage will pay regardless of the number of: for"bodily injury"or"property damage" a. Insureds; included within the "products- completed operations hazard". b. Claims made or"suits"brought;or However: c. Persons or organizations making claims or (1) The insurance afforded to such additional bringing"suits". insured only applies to the extent 2. General Aggregate Limit permitted by law;and The General Aggregate Limit is the most we will (2) If coverage provided to the additional pay for the sum of: insured is required by a contract or a. Medical expenses under Coverage C; agreement,the insurance afforded to such b. Damages under Coverage A, except additional insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products- or agreement to provide for such completed operations hazard";and additional insured. c. Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed Operations Aggregate these additional insureds, this insurance does Limit not apply to: "Bodily injury", "property damage" or The Products-Completed Operations Aggregate "personal and advertising injury"arising out of Limit is the most we will pay under Coverage A the rendering of, or the failure to render, any for damages because of "bodily injury" and professional architectural, engineering or "property damage" included in the products- surveying services, including: completed operations hazard". (1) The preparing, approving, or failing to 4. Personal And Advertising Injury Limit prepare or approve, maps,shop drawings, Subject to 2. above, the Personal and opinions, reports, surveys, field orders, Advertising Injury Limit is the most we will pay change orders or drawings and under Coverage B for the sum of all damages specifications;or because of all "personal and advertising injury" (2) Supervisory, inspection, architectural or sustained by any one person or organization. engineering activities. 5. Each Occurrence Limit This exclusion applies even if the claims Subject to 2. or 3. above, whichever applies, the against any insured allege negligence or Each Occurrence Limit is the most we will pay for other wrongdoing in the supervision, hiring, the sum of: employment, training or monitoring of others a. Damages under Coverage A;and by that insured, if the "occurrence" which b. Medical expenses under Coverage C caused the "bodily injury" or "property damage", or the offense which caused the because of all "bodily injury" and "property "personal and advertising injury", involved the damage"arising out of any one"occurrence". rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 5. above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this insurance applies when other insurance rented to you, or in the case of damage by fire, is available to the additional insured is described lightning or explosion, while rented to you or in the Other Insurance Condition in Section IV - temporarily occupied by you with permission of Commercial General Liability Conditions. the owner. Page 14 of 21 HG 00 01 09 16 Attachment Cod1c:D 1)01?}(�rtiticut,� 11) : 1537 H5} In the case of damage by fire, lightning or b. Notice Of Claim explosion, the Damage to Premises Rented To If a claim is made or"suit" is brought against You Limit applies to all damage proximately any insured, you or any additional insured caused by the same event, whether such must: damage results from fire, lightning or explosion (1) Immediately record the specifics of the or any combination of these. claim or"suit"and the date received;and 7. Medical Expense Limit Subject to 5.above,the Medical Expense Limit is (2) Notify us as soon as practicable. the most we will pay under Coverage C for all You or any additional insured must see to it medical expenses because of "bodily injury" that we receive written notice of the claim or sustained by any one person. "suit"as soon as practicable. 8. How Limits Apply To Additional Insureds c. Assistance And Cooperation Of The Insured If you have agreed in a written contract or written agreement that another person or organization You and any other involved insured must: be added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement;or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the"suit";and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid,without our consent. Insurance. e. Additional Insureds Other Insurance SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS If we cover a claim or "suit" under this Coverage Part that may also be covered by 1. Bankruptcy other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written a. Notice Of Occurrence Or Offense contract or written agreement that this You or any additional insured must see to it insurance is primary and non-contributory that we are notified as soon as practicable of with the additional insured's own insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible, Claim Or Suit notice should include: Paragraphs a. and b. apply to you or to any (1) How,when and where the"occurrence"or additional insured only when such offense took place; "occurrence", offense,claim or"suit"is known (2) The names and addresses of any injured to: persons and witnesses;and (1) You or any additional insured that is an (3) The nature and location of any injury or individual; damage arising out of the "occurrence" or (2) Any partner, if you or the additional offense. insured is a partnership; HG 00 01 09 16 Page 15 of 21 Attachment Gale: D41)0 124 Certificate ID : 15374113 i (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company, That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager,if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust;or (4) Aircraft,Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section 1-Coverage A-Bodily Injury And additional insured. Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" to borrowed equipment or the use of a. To join us as a party or otherwise bring us into a "suit" asking for damages from an elevators to the extent not subject to insured;or Exclusion j. of Section 1 - Coverage A - Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that insurance;or liability signed by us, the insured and the (7) When You Add Others As An claimant or the claimant's legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our However, the following provisions apply to obligations are limited as follows: other insurance available to any person or a. Primary Insurance organization who is an additional insured under this coverage part. This insurance is primary except when b. (a)Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other insurance by the method described in c. This insurance is primary if you have below. agreed in a written contract or written b. Excess Insurance agreement that this insurance be primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess, other insurance by the method contingent or on any other basis: described in c.below. (1) Your Work (b)Primary And Non-Contributory To That is Fire, Extended Coverage, Builder's Other Insurance When Required By Risk, Installation Risk or similar coverage Contract for"your work"; If you have agreed in a written (2) Premises Rented To You contract, written agreement, or permit That is fire, lightning or explosion that this insurance is primary and non- insurance for premises rented to you or contributory with the additional temporarily occupied by you with insured's own insurance,this insurance permission of the owner; is primary and we will not seek contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 attachment Code:D490124 Certiticatc ID : 1537 l05 l Paragraphs (a) and (b) do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. insured has been added as an additional 6. Representations insured. a. When You Accept This Policy When this insurance is excess, we will have no duty under Coverages A or B to defend By accepting this policy, you agree: the insured against any "suit" if any other (1) The statements in the Declarations are insurer has a duty to defend the insured accurate and complete; against that"suit". If no other insurer defends, (2) Those statements are based upon we will undertake to do so, but we will be representations you made to us;and entitled to the insured's rights against all (3) We have issued this policy in reliance those other insurers. upon your representations. When this insurance is excess over other insurance, we will pay only our share of the b. Unintentional Failure To Disclose Hazards amount of the loss, if any, that exceeds the If unintentionally you should fail to disclose all sum of: hazards relating to the conduct of your (1) The total amount that all such other business that exist at the inception date of insurance would pay for the loss in the this Coverage Part, we shall not deny absence of this insurance;and coverage under this Coverage Part because (2) The total of all deductible and self-insured of such failure. amounts under all that other insurance. 7. Separation Of Insureds We will share the remaining loss, if any, with Except with respect to the Limits of Insurance, any other insurance that is not described in and any rights or duties specifically assigned in this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply in excess of the this insurance applies: Limits of Insurance shown in the Declarations a. As if each Named Insured were the only of this Coverage Part. Named Insured;and c. Method Of Sharing b. Separately to each insured against whom If all of the other insurance permits claim is made or"suit"is brought. contribution by equal shares, we will follow g, Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us insurer contributes equal amounts until it has a. Transfer Of Rights Of Recovery paid its applicable limit of insurance or none of the loss remains,whichever comes first. If the insured has rights to recover all or part If any of the other insurance does not permit of any payment, including Supplementary contribution by equal shares, we will Payments, we have made under this contribute by limits. Under this method, each Coverage Part, those rights are transferred to insurer's share is based on the ratio of its us. The insured must do nothing after loss to applicable limit of insurance to the total impair them. At our request, the insured will applicable limits of insurance of all insurers. bring "suit" or transfer those rights to us and 5. Premium Audit help us enforce them. a. We will compute all premiums for this b. Waiver Of Rights Of Recovery (Waiver Of Coverage Part in accordance with our rules Subrogation) and rates. If the insured has waived any rights of b. Premium shown in this Coverage Part as recovery against any person or organization advance premium is a deposit premium only. for all or part of any payment, including At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Coverage Part, we also waive that and send notice to the first Named Insured. right, provided the insured waived their rights The due date for audit and retrospective of recovery against such person or premiums is the date shown as the due date organization in a contract, agreement or on the bill. If the sum of the advance and permit that was executed prior to the injury or audit premiums paid for the policy period is damage. greater than the earned premium, we will 9. When We Do Not Renew return the excess to the first Named insured. If we decide not to renew this Coverage Part, we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG 00 0109 16 Page 17 of 21