HomeMy WebLinkAboutContract 46985 (2)CITY SECRSECRET ; #
CONTRACT NO. J
,h916.__n
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorized Planning and Development Director, and Vaquero
MG Presidio Partners 11, LP, a Texas limited partnership, hereinafter referred to as
"Licensee", owner of the property located at North Freeway, Fort Worth, Texas
("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as a portion
of Lot 3R9, Block D, The Presidio Addition (and further described on Exhibit "B"
attached hereto and incorporated herein by reference), an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in County Clerks Document No. 215035446 or
Volume and Page No. of the Real Property records of Tarrant County
("Property"); and
WHEREAS, the City has a 15 foot wide waterline easement (the "Easement") in
the property as shown on the map attached to this Agreement as Exhibit "A" and
incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain a retaining wall
which will be for maintaining the structural integrity of the Property (the
"Encroachment") and which will encroach onto the City's Easement as shown on the
attached survey and only to the extent shown thereon; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
Encroachment under the terms and conditions as set forth in this Agreement.
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 below
and covenants and agreements hereinafter contained, to be kept and performed by the
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown Exhibit A for the
purpose of to construct and install a concrete retaining wall over the 10" waterline and
2014 Easement Encroachment Agreement -Commercial
OFFICIAL RECORD
CITY SECRETARY
FT. WORM, TX
Page 1 of 9
Easement (the "Encroachment"). Upon completion of the Encroachment, Licensee
agrees to be responsible for maintaining any and all structures and buildings within and
above the Easement Licensee shall not expand or otherwise cause the Encroachment to
further infringe in or on the City's Easement beyond what is specifically described in the
exhibit(s) attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall comply and be performed in strict compliance
with the Charter, Ordinance and Codes of the City and in accordance with the directions
of the Director of the Transportation and Public Works Department or the Director of the
Water Department of City, or his duly authorized representative. Prior to the
construction of the Encroachment, Licensee shall submit all plans and specifications to
the applicable Director or his duly authorized representative. Licensee shall not
commence construction of the Encroachment until such approval shall be indicated in
writing by the Director. However, such approval shall not relieve Licensee of
responsibility and liability for concept, design and computation in the preparation of such
plans and specifications.
3.
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 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
2014 Easement Encroachment Agreement -Commercial Page 2 of 9
Works or the Director of the Water Department of the City, or his duly authorized
representative.
4.
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 to
City at the time this Agreement is requested an application fee in the sum of Three
Hundred and Twenty Five Dollars ($325.00).
5.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the tetras of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6
It is further understood and agreed upon between the parties hereto that the
easements to be used and encroached upon as described herein, are 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 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 right of way to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property for a office building or activities related thereto,
including but not being limited to underground, surface of overhead communication,
drainage, sanitary sewerage, transmission of natural 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
2014 Easement Encroachment Agreement -Commercial Page 3 of 9
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 SAID
ENCROACHMENTS 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 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 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 located and described in Exhibit "A".
The amounts of such insurance shall be not less than the following:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit "B" Licensee agrees to submit
2014 Easement Encroachment Agreement -Commercial Page 4 of 9
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 city streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors.
9.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Encroachment on
Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth, Texas.
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 said 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.
2014 Easement Encroachment Agreement -Commercial Page 5 of 9
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 perfoiining 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 described 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 permission
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 paragraphs 3 and 4 shall
survive the termination of this Agreement.
2014 Easement Encroachment Agreement -Commercial Page 6 of 9
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the written approval of City Planning and
Development Director, and any attempted assignment without such written approval
should be void.
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.
EXECUTED this L1l4
day of
City
City of Fort Worth
By:
•
Randle Ha oo• , , irector
(emh&r
Licensee:
Vaquero MG Presidio Partners II, LP,
V4-I • Vcifrw JC4*LJP(s Val
R--5 614%2(4 icertAtr--
By: CUA• 4
ft,J. A. le%encle€4 it(
Name:
Planning and Development Title:
ATTEST:
idate
tity Secretary
Approved As To Form and Legality
Ass ty Attorn
2014 Easement Encroachment Agreement -Commercial
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of 9
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Randle Harwood, 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 the City of Fort Worth, and in the capacity therein stated.
n.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
20 � S .
•
r,
IRMA SAENZ i
Notary Public
STATE OF TEXAS t
My Comm. Exp. Jan. 28, 2016
cii
1•
: 1
•
•
•
sat
Notary Public in and for the date of Texas
day of
2014 Easement Encroachment Agreement -Commercial Page 8 of 9
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared W.A. Landreth, III, Manager of Vaquero
Ventures Management, LLC, General Partner of Vaquero MG Presidio Partners II,
LP, a Texas limited partnership, 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
Vaquero MG Presidio Partners II, LP, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 v day of
AA A , 20 1
1••i
41,
-•
yin Mt,
t-. L11iLI
1 • 1••
II_ II _ t I1
KYLE BARRETT
Notary Public, State of Texas
My Commission Expires
June 17
, 2018
at I i , It Oa I -
■a •
1
2014 Easement Encroachment Agreement -Commercial
Notary he in and for the
State of Texas
Page 9 of 9
EXHIBIT "A"
[attached]
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 4/2007
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MAMIOLE LAD M RCO'STORM WATER'
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MAO NNL WITH WASNOL VAMPED'PH LAND SURVEYING* OCT
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GENERAL SITE NOTES
A. ALL OSENSONS MOM ARC TO TIC FACC OF CURD LOCUM omen IOC NOTED.
S. ALL CURD MILIN RAgI SHALL SC IF AS DHOVM TYPICAL DN THIS RAN. U/ACD= OTHCRWIDC NOTCD.
C. MUMS OTHCRW5C MOWN. CALL CO OUT 0R DPEDIRCD HCRCON OR WIMIV THC DPCCIRCAT101DI ALL
CURSNO A4NCCM TO OOMMIL PAVING MAU. D6 POTAI I rn PLR OLTML OM. PAVLALNT SHALL OE
INSTALLED IN AOCOMMISCR WITH ORAL NE OVER THE ONTt PANO'q LOT AREA AND ALL APPROACH
ORNCD. ALL PANONO LOT DTRIPNO NQUOINO AOQDOIOLL AN0 VAN ACCCESIOLL' DPAC[D SILL DC PANTED
PER OCTNU OOU.
D. ALL PATIOS() LOT SION SASE SUPPORTS SHALL OE INSTALLED POW DETAIL 12P.
C. ALL ACCESCOOCC PNSON O STALUS SILL IIVC DKNAOC WHIM ►CPI OCTAL DM
Q SITE NOTES
OED TRAIBFORIICR PAD (PER ELEC. 00. AND/OR ARCH. P ANOO.
02C TRASI CIUMPSTCR 0ICLOOUIC (PCs ARK FLOM.
IPA 4 INCH TMPRC YELLOW LAIC flPr (ST MOM NSCATTD AT
anmou.
120 4 P404 'CDC PANTED YCLLOW (IMPEL L0 FOOT O.C. 0 46 OCORRA
GICC 012L INDICATED AT SYL43OIJ.
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13C LMTh OF FCTAANIN0 WALL.
21A TAPCR CUM TO MATCH 003111.3 CUD.
210 TMOi CURD FROM S INOICA TO 0INOOb OM 2 FL -CT.
7OA PIYOPOOCO FONT OF WLOCATTON. ( ACTUAL POINT OF 1ROCATION
TO CIE rrTE IMIED TO THE CRY.)
700 TETA.ANO WALL ODEOI AND OUNO MIL DY OTRJO. SEC GRAMM
PLAN FOR TOP OF WILL ND DOTION OF WALL ClLVA11016.
❑ SITE DETAILS
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NOTE:
uE ARCHITECTURAL PLAID FOR EXACT LOCATION' AND OMOIdOIIS
OF PORORS, RAMPU, VCVTDUC. SLOPED PAYING. TRUCK DOOM.
OVUM MINTY ENTRANCE LOCAT0I0 AND MOM BUILDING
aMrISONS.
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TYPE 0 00NOICft NTEORM. CURS AND GUTTER
PRECAST COIIWGTC WIC. STOP
CONCRETE 00EWALK
W1m.FWR RAMP M 00CWALX
HCAW DUIY CONCRCTL MIND
STANDARD DUTY oONOCTC PAVING
1111001NrD roar OF PAVNO
ACL4D010.D / VAN ACCI'a0101II PNMINO MOM
ACTXSOTO Y PMONO DYUDOL TOM PAN COLOR INDICATED AT
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STOP OAR
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CURD CUT
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3 WI R.wr. St 100 N7VS-3737
DANn. TX 74311
VAQUER3VPPPIES P 1NATI
FORT 140:1711
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SITE PLAN
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Exhibit "B"
The Property
Being a parcel of land situated in the William McCowen Survey, Abstract Number 999 in the
City of Fort Worth, Tarrant County, Texas and being a portion of Lot 3R9, Block D of Lots
1R, 3R9, and 3R10, Block D of the Presidio Addition according to the plat recorded under
Instrument Number D215035446 of the Official Public Records of Tarrant County, Texas,
being more particularly described as follows:
BEGINNING at a 1/2 inch capped rebar with a stamp being illegible found at the northeast
corner of said Lot 3R9, Block D;
THENCE SOUTH 04 degrees 09 minutes 07 seconds WEST, 171.69 feet with the west right
of way line of Interstate Highway 35W as described in the deed to the City of Fort
Worth recorded under Instrument Number D204300326 of said Official Public
Records;
THENCE the following five (5) calls through the interior of said Lot 3R9:
1. NORTH 90 degrees 00 minutes 00 seconds WEST, 212.30 feet;
2. SOUTH 00 degrees 00 minutes 00 seconds WEST, 52.01 feet;
3. NORTH 90 degrees 00 minutes 00 seconds WEST, 165.22 feet;
4. SOUTH 00 degrees 00 minutes 00 seconds WEST, 4.42 feet;
5. NORTH 90 degrees 00 minutes 00 seconds WEST, 53.00 feet to the west line of said Lot 3R9;
THENCE NORTH 00 degrees 00 minutes 00 seconds EAST, 196.18 feet with the west line of
said Lot 3R9 to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set
previously at the most western northwest corner of said Lot 3R9;
THENCE NORTH 33 degrees 19 minutes 36 seconds EAST, 158.22 feet with the northwest
line of said Lot 3R9 to the most northern northwest corner of said Lot 3R9 (no
monument set due to high water);
THENCE SOUTH 49 degrees 05 minutes 05 seconds EAST, 110.10 feet with a north line of
said Lot 3R9 to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set
previously an angle point in the north hne of said Lot 3R9;
THENCE SOUTH 84 degrees 00 minutes 54 seconds EAST, 274.31 feet with a north line of
said Lot 3R9 to the POINT OF BEGINNING, containing 2.265 acres.
CERTIFICATE OF LIABILITY INSURANCE
VAQMG-1 OP ID: TS
DATE (MMIDDIYYI'Y)
07127/2015
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 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 NAME CT Tanis Smith
Farmer's Insurance PHONE FAX
Kim Terrell, Agent (NC, No. Exe: 817-731-8771 I (ac, No): 817-731-0520
2410 Montgomery Street DRESS: Tanistkllpatrickinsurance.com
Ft. Worth, TX 76107
INSURED
Vaquero MG Presidio Partners
II, LP
3211 West 4th Street
Fort Worth, TX 76107
INSURER(S) AFFORDING COVERAGE
INSURER A: Scottsdale Ins. Co.
INSURER B •
INSURER C :
INSURER D :
INSURER E •
INSURER F :
NAIC #
15580
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER (MMIDDNYYYI (MMJDDM EXP
LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT
POLICY
OTHER:
AUTOMOBILE LIABILRY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
UMBRELLA LIAB
LOC
SCHEDULED
AUTOS
NON -OWNED
AUTOS
EXCESS LIAB
DED I I RE I ENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
OCCUR
CLAIMS -MADE
Y 1 N
NIA
CPS2118598 01/07/2015 01/07/2016
DESCRIPTION OF OPERATIONS 1 LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Vacant land Presidio H1 and HIA, Fort Worth TX
CERTIFICATE HOLDER
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76104
CITFT-1
CANCELLATION
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (My one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
I STATUTE
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E L. DISEASE - POLICY LIMIT $
EXHIBIT B
(
I OTHER
-
1,000,000
100,000
10,000
1,000,000
2,000,000
Excluded
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2014/01)
7
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