Loading...
HomeMy WebLinkAboutContract 51591 A 122 A A�\ � O CITY SECRETARY CONTRACT NO. EASEMENT ENCROACHMENT LICENSE AGREEMENT �Fo 0)Q� ekes, �v Commercial �`�lr Oro THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and CABELA'S WHOLESALE, L.L.C., a Nebraska limited liability company, ("Licensee"), acting by and through its duly authorized President, owner of the real property located at 12901 Cabela Dr., Fort Worth, TX 76177 ("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 Legal Description of the Property attached as Exhibit"C"; and WHEREAS, the City has a sanitary sewer easement(the"Easement") located in the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes;and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement;and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee. NOW,THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out in Section 4 below and covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the City's Easement for the purpose of installing, using, and maintaining two (2) private storm pipes crossing the City's Easement (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto without further written consent of the City. Easement Encroachment Agreement-Commercial Re 'Qft& EC®R® CITY SECRETARY FT. WORTH,TX 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director (which approval shall not be unreasonably withheld, conditioned or delayed), but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 10/03/2018 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMI LESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 10/03/2018 ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 8. While this Agreement is in effect, Licensee agrees to, at its expense, obtain and maintain in effect, a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit «A,„ The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at the City's option and that Licensee shall so revise such amounts immediately following written 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. Licensee agrees that on or before the execution date of this Agreement, and annually on the anniversary of the execution of this Agreement, Licensee shall deliver a certificate of insurance evidencing the required coverage, which shall be labeled Exhibit"B"and incorporated herein for all purposes. Licensee agrees, binds and obligates itself; its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. All insurance required by this Section 8 may be blanket with other insurance maintained by Licensee and may be affected by any combination of primary and excess or umbrella coverage. In addition, Licensee may self-insure some or all of its insurance obligations contained hereunder. The beneficiaries of Licensee's self-insurance shall be afforded no less protection than if such self-insured portion was fully insured by an insurance company. 9. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 10/03/2018 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. 11. Licensee agrees to pay promptly when due all fees,taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 12. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Encroachment over or within the Easement and is not a conveyance of any right, title or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the written approval of City, and any Easement Encroachment Agreement-Commercial Page 5 of 12 Re%ised 10/03/2018 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 tlus Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 18. This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 10/03/2018 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 RT ORTH CABELA'S WHOL SALE, L.L.C. By: By: 1v Randle woo Name: James A. Hag Vr—� Director Title: President Planning and Develo ment Date: 20_1& ATTEST: pproved As T rm and Legality City Sec r *` T isWnt City Attomey A • __I TExP� M&C: KA 1295: NA 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 Easement Encroachment Agreement-Commercial PI6 7 f RECORD Few CITY SECRETARY FT. WORTH,TX STATE: OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on A UUSJAj-h�, 201_3 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. Notary Publ' , State oftexiW 111111"M T!1111 JENNIFER LOUISE EZERNACK �PptY PUB��i ao: Notary Public,State of Texas Comm.EXPires 03 012020 Notary ID 130561630 �nrru+` After Recording Return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 Easement Encroachment Agreement-Commercial 0FFi 14 jj t,;k ' %1W WRTAkY FT. WORTH,, TX STATE OF MISSOURI § COUNTY OF GREENE § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Missouri, on this day personally appeared James A. Hagale, President, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of Cabela's Wholesale, L.L.C., a Nebraska limited liability company and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of November, 2018. - <7�Z ars a .�n Llic-NotarY Seal Notary Public in and for the State of F MISSOURItian County Missouri Expires.Dec.12,2019sion#11461b44 OFFICIAL RECORD Easement Encroachment Agreement-Commercial %%TRY EXHIBIT"C" METES AND BOUNDS OF THE PROPERTY Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 10/03/2018 Easement Encroachment Exhibit FOR ILLUSTRATION PURPOSES ONLY NOT TO \\ POINT-OF l �� SCALE PROPOSED COMMENCING LOT 1R, BLOCK 1 CABELA ADDITION s 1z Delta Arte=09'55'01" \� Arc=267.67' Q Radius=1546.49' y� Ch Beari ig=S 57'05'31"W Chord=267.34' 0 RA \�tP PROPOSED ENCROACHMENT 27 \o- LOT 3R POINT OF BEGINNING SS � �O sLQ `\ _ \\ ENCROACHMENT 24 \\ POINT OF BEGINNING UNE TABLE - �—L BEA" asS 59w 7057 L7 S 07'37 33E 32 8f �QS 58'54 245 \9 N OT33'W32.8fN S8'SO'S9"E 2.45 53�3PROPOSED S Tl-21-E N 30'03b5"W 2B2' \ Benchmark Group LEGEND LOT 4R of Twco tnc. • Faed ton Rod(FR) B99 Prsaidenliet Drive,S�dM RIO,Rklwt�on,Team 75081 ® Set"%"in Oonaete 13,0Pl- (972)B80-3037 Foa 972)6B0-3052 o Pont for Corner LARD SURVEYORS Lle No.10120 Metes & Bounds—27" Pipe Crossing BEING A 0.0017 ACRES TRACT OF LAND SITUATED IN THE JAMES A,ASHFORD SURVEY, ABSTRACT NUMBER 1776,TARRANT COUNTY,TEXAS AND BEING PART OF THAT CERTAIN TRACT OF LAND DESCRIBED BY DEED TO CABELA'S RETAIL TX, L.P.,AS RECORDED IN DOCUMENT NUMBER D204181429, DEED RECORDS,TARRANT COUNTY,TEXAS,SAID 0.0017 ACRES TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT AN "X" IN CONCRETE FOUND FOR A NORTHEASTERLY CORNER OF LOT 1, BLOCK 1, OF THE CABELA ADDITION,AN ADDITION OT THE CITY OF FORT WORTH ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D204290198, OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,TEXAS,SAID POINT BEING IN THE SOUTHWESTERLY RIGHT-OF- WAY LINE OF STATE CABELA DRIVE,A 130'WIDE PUBLIC RIGHT-OF-WAY, FROM WHICH THE EASTERNMOST CORNER OF SAID LOT 1 BEARS S 30"02'11"E,A DISTANCE OF 946.02'; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID CABELA DRIVE AND WITH SAID NORTHEASTERLY LINE OF LOT 1,S 30°02'11"E,A DISTANCE OF 54.34'TO AN "X"SET IN CONCRETE AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE DEPARTING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID CABELA DRIVE AND WITH SAID NON-TANGENT CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 09°55'01", HAVING A RADIUS OF 1546.49',THE LONG CHORD OF WHICH BEARS S 57°05'31"W, 267.34'.AN ARC DISTANCE OF 267.67'TO AN "X"SET IN CONCRETE; THENCE S 30002'11"E,A DISTANCE OF 198.40'TO A POINT FOR CORNER; THENCE S 58°50'59"W,A DISTANCE OF 70.52'TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING BEARINGS AND DISTANCES; S 07°37'33"E,A DISTANCE OF 32.81'TO A POINT FOR CORNER; S 58'50'59"W, A DISTANCE OF 2,45'TO A POINT FOR CORNER; N 07'37'33"W, A DISTANCE OF 32.81'TO A POINT FOR CORNER; N 58'50'59"E,A DISTANCE OF 2.45'TO THE POINT OF BEGINNING AND CONTAINING 0,0017 ACRES OR 73.8 SQUARE FEET, MORE OR LESS. Metes & Bounds--24" Pipe Crossing BEING A 0.0019 ACRES TRACT OF LAND SITUATED IN THE JAMES A,ASHFORD SURVEY, ABSTRACT NUMBER 1776,TARRANT COUNTY,TEXAS AND BEING PART OF THAT CERTAIN TRACT OF LAND DESCRIBED BY DEED TO CABELA'S RETAIL TX, L.P.,AS RECORDED IN DOCUMENT NUMBER D204181429, DEED RECORDS,TARRANT COUNTY,TEXAS,SAID 0.0019 ACRES TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT AN "X" IN CONCRETE FOUND FOR A NORTHEASTERLY CORNER OF LOT 1, BLOCK 1,OF THE CABELA ADDITION,AN ADDITION OT THE CITY OF FORT WORTH ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D204290198,OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,TEXAS,SAID POINT BEING IN THE SOUTHWESTERLY RIGHT-OF- WAY LINE OF STATE CABELA DRIVE,A 130'WIDE PUBLIC RIGHT-OF-WAY, FROM WHICH THE EASTERNMOST CORNER OF SAID LOT 1 BEARS S 30°02'11"E,A DISTANCE OF 946.02'; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID CABELA DRIVE AND WITH SAID NORTHEASTERLY LINE OF LOT 1,S 30°02'11"E,A DISTANCE OF 54.34'TO AN "X"SET IN CONCRETE AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE DEPARTING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID CABELA DRIVE AND WITH SAID NON-TANGENT CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 09"55'01", HAVING A RADIUS OF 1546.49',THE LONG CHORD OF WHICH BEARS S 57'05'31"W, 267.34'.AN ARC DISTANCE OF 267.67'TO AN "X"SET IN CONCRETE; THENCE S 30"02'11"E,A DISTANCE OF 198.40'TO A POINT FOR CORNER; THENCE N 58°50'59"E,A DISTANCE OF 22.50'TO A POINT FOR CORNER; THENCE S 30°02'59"E,A DISTANCE OF 277.98'TO A POINT FOR CORNER FOR THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING BEARINGS AND DISTANCES; N 75°13'22"W,A DISTANCE OF 42.30'TO A POINT FOR CORNER; 5 30°03'05"E,A DISTANCE OF 2.82' TO A POINT FOR CORNER; S 75°13'22"E,A DISTANCE OF 42.30' TO A POINT FOR CORNER; N 30°03'05"W,A DISTANCE OF 2.82'TO THE POINT OF BEGINNING AND CONTAINING 0.0019 ACRES OR 84.6 SQUARE FEET, MORE OR LESS. EXHIBIT"A" Nlap of Encroachment and Easement Easement Encroachment Agreement-Commercial Page l 1 of 12 Revised 10/03/2018 r 1 EXIST. 27" RCP STORM---� (PRIVATE) � > STA: 3+89.17 SS-1 I PIPE CROSSING 1 27" PRIVATE RCP SD: BOP: 689.73 8" PUBLIC PVC W TOP: 686.13 s i SEPARATION: 3.60' EXIST. 24" i RCP STORM (PRIVATE) \ \\ d�• \� PIPE ]+22.53 CROSSING 2-1 \ 24" PRIVATE RCP SD: BOP: 694.75 ss $" PUBIJC PVC NAV: TOP: 691.7 \ N SEPARATION: 3.05' l w �s i WN i CABELA'S WHOLESALE LLC 12901 CABELA DR. FORT WORTH, TX 76177 DYNAMIC TITLE: D ENGINEERING EXHIBIT A (PAGE 1 OF 2) (dbal MID}VEST DYNAIFlC ENGIVEERNG CONSUL-ANTS.:IC 1301 Cw"8 pumW soon•sure 210-Alen,Tx 7503 PROJECT: SANITARY SEWR IMPROKWE N7S SCALE:(H) 1"=100' ,,,„;A— CABEA'S ADDITION M T"mftogendS"ewfiVFYmHaF-IMM LOTS 1 R, 3R & 4R, BLOCK 1 DRAWN BY. CHECKED BY: DATE: CITY OF FORT WORTH JOB No: JMA JTE 08/212 8 TARRANT COUNTY, TEXAS 2578-99-001 PROP. GRADE 0 CL OF PIPE PROP. GRADE 0 CL OF PIPE PIPE CROSSING--1 24' RCP SD: BOP: 694.75 8" PVC WW: TOP: 691.7 SEPARATION: 3.05' PIPE CROSSINGgpR-26 27' RCP SD: BOP: 689.73 296 LF 8' 8' PVC WW: TOP: 686.13 ® 1.25% SL SEPARATION: 3.60' -- 271 LF 8' PVC SDR-26 a— 0.70% SL 3+00 3+50 4+00 6+50 7+00 PROFILE VFW OF PPE CROSSING 1 (SS-1) PROFILE VIEW OF PPE CROSSING 2 (SS-1) HORIZONTAL SrA E: 1W HORIZONTAL SCALE 1*-- VERTICIL SCALE 1'=4' VERTICAL. SCALE 1W WNER: CABELA'S WHOLESALE LLC 12901 CABELA DR. FORT WORTH, TX 76177 DYNAMIC TITLE: ENGINEERING EXHIBIT A (PAGE 2 OF 2) Idea)MIDWEST DYNAMIC ENG VEERING CONSUL—AMS,PC 1301Cen EwsanySo*-Suie2lO-Alen. Tx 75o13 PROJECT: SANITARY SEWER /MPRDVEME?ffS SCALE:(H) 1"=40' r.srlo CABELA S AMMON (V) 1"=4' ■ww.E &vwwcan Tom PaoftWFegmmVFlmft.F-IMW LOTS 1R, 3R & 4R, BLOCK 1 r WN BY. CHECKED BY: DATE: CITY OF FORT WORTH JOB No: JMA JTE 0>�21�18 TARRANT COUNTY, TEXAS 2578-99-001 EXHIBIT "B" Certificate of Insurance Easement Fncroachment Ageement-Commercial Page 12 of 12 Rc%iscd 10/03/2018 AC"R" CERTIFICATE OF LIABILITY INSURANCE D"E�(0 O18DYYVIQ 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 certi icate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA,Inc. PHONE - -..- -- FAX 1801 West End Avenue,Suite 15M &C•No. 90; Nashville.TN 37203 E-MAIL Ab:TammyA,Adcock@mamh.com ADW1gSS:. INSURERS AFFORDING COVERAGE NAIC Y CN115861359--CAS-18-19 INSURER A:NIA WA 11'131N1ED INSURER 9:N/A WA Cabela's Wholesale,LLC - One Cabela Drive INSURER C:Lex%r ton Insurance Company 1_9437 Sidney,NE 69162 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-OW73137-01 REVISION NUMBER: 6 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. _--_---_.--_.--_- L R PaICYEFF POLICY EXP IIr1,SR TYPE OF INSURANCE POLICY NUMBER MMIDD/Y ! LIMITS X COMMERCIAL GENERAL LIABILITY See Acord 101 EACH OCCURRENCE S - A6�ih A�EI'a15ER"rl`t5 -]CLAIMS-MADE OCCUR PREMISES(Ea occurrence)_._. S__ -- -- _-- MED EXP{My one persbn� S--... - _-_. PERSONAL b ADV INJURY GEN`L AGGREGATE UMn APPLIES PER: GENERAL AGGREGATE POLICY lECT I rS l J JJ LOC - -- --------...-- PRODUCTS-COMPIOP AGG OTHER. S AUTOMOBILE LIABILrrY COMBINED SINGLE LIMB S Ea acclden ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY AUTOS ONLY S! nt - _--.----- $ X UMBRELLA UAB X OCCUR 016028393 0810112018 0810112019 EACH OCCURRENCE $ _ 1,000,000 EXCESS UAB_ CLAIMS-MADE AGGREGATE $ 1,000,000 - DEDTi I RETENTION$50,000 ' _ _ $ -'--v—v WW KERS COMPENSATION I PER 6TH AND EMPLOYERS'LIABILITY YIN __ STA1UTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICERlMEMBEREXCLUDED? N,A - —'-- " (Mandatory M NH) E.L DISEASE-EA EMPLOYE $ N yeS desoibe under DESCRIPTION OF OPERATIONS bebw E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(ACORD 101,Addhionai Remarks Sahedu*may be attached It more apace Is r***od) CERTIFICATE HOLDER CANCELLATION City of Fort Wath SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PlannulgBDmIlopment-CFA Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PN18-MI05 ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort worth,TX 76102 AUTHORED REPRESENTATIVE of Marsh USA Im. Stephen R.Earp L m 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN116861359 LOC#: Nashville ACORO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA,Inc. Cabala's Wholesale,LLC One Cabeta Drive POLICY NUMBER Sidney,NE 69162 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 2$ FORM TITLE: Certificate of Liability Insurance Bess Pro Group,LLC,indudng its subsdianes,has a$3.000,000 oaamence and S3,ODOA00 aggregate Sea-Inswed Retention for General LWAty,Excess insurance attaches over seff4nsrred retention. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD