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HomeMy WebLinkAboutContract 46302 �Uf' �f�� MM TRACT tjjo. HJP.Revised 10-31-14 EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS EASEMENT ENCROACHMENT LICENSE AGREEMENT ("Agreement") is made and entered into by and between INWOOD NATIONAL BANK a national banking association ("Inwood"), and THE CITY OF FORT WORTH, Texas (the "City of Fort Worth"). Sometimes Inwood and the City of Fort Worth may be referred to in this Agreement individually as a "party" and collectively as the "parties." RECITALS A. The Fort Worth Club of Fort Worth, Texas (the "FW Club") is the owner of certain real property located at 306 W. 71h Street, Fort Worth, Texas, described as LOT A, BLOCK 106, ORIGINAL TOWN OF FORT WORTH, in Tarrant County, Texas, as it appears upon the plat recorded in Volume 388-105, Page 53 of the Plat Records of Tarrant County, Texas (the "Property"). B. The City of Fort Worth has a sidewalk easement (the "Easement") over a portion of the Property. C. Inwood desires to install and maintain one or more signs (individually or collectively, the "Signs"), as shown in proposed drawings attached hereto as Exhibit A and made a part hereof for all purposes, which Signs will protrude over a portion of the Easement (the "Encroachment Area"). D. The City of Fort Worth is requiring the FW Club to sign an Easement Encroachment License Agreement that requires the FW Club to indemnify and hold the City of Fort Worth harmless regarding the installation of the Signs and the FW Club is willing to sign such Easement Encroachment License Agreement only if Inwood signs this Agreement and also signs a separate Indemnification Agreement wherein Inwood agrees to indemnify, defend and hold the FW Club harmless regarding the installation, maintenance and repair of such Signs. E. To accommodate the needs of Inwood, the FW Club will allow the installation of such Signs (the "Installation") under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, Inwood and the City of Fort Worth agree as follows: AGREEMENT 1. In consideration of the covenants and agreements hereinafter contained, to be kept and performed by Inwood, the FW Club hereby grants permission.to Inwood to install one or more Signs that will protrude over the Easement as described herein. From and after the date of the execution of this Agreement, Inwood agrees to be OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT.WORTH,TX responsible for installing and maintaining any and all Signs and Sign structures it installs within and above the Easement. 2. All construction, maintenance, and operation in connection with such Installation shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City of Fort Worth and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department of the City of Fort Worth, or his duly authorized representative. Prior to the installation of any Signs over the Easement, Inwood shall submit all plans and specifications to the City of Fort Worth and the FW Club for prior written approval. Inwood may not commence the Installation until such approval has been obtained in writing from both the Director of the Transportation and Public Works Department or the Director of the Water Department of the City of Fort Worth, and the FW Club. However, such approval will not relieve Inwood of the responsibility and liability for concept, design, installation, and maintenance of such Signs. Moreover, Inwood shall not commence construction of any Signs over the Encroachment Area except on a weekend and not until it has made certain that its sign company contractor has first barricaded the sidewalk from both directions under the area of the Installation in order to protect and safeguard the public. 3. The City of Fort Worth agrees that Inwood and the FW Club may enter and utilize the referenced Encroachment Area at any time for the purpose of installing, repairing, replacing, or maintaining the Signs. Inwood agrees that the City of Fort Worth may enter and utilize the referenced Encroachment Area at any time for the purpose of maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public or for any other public purpose and that the City of Fort Worth will bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from its utilization of the Encroachment Area and that if 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 installation, maintenance, or existence of the Signs and use of the Encroachment Area by Inwood, then Inwood shall pay to the City of Fort Worth 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 of the City of Fort Worth, or his or her duly authorized representative. 4. In order to defray all costs of inspection and supervision that the City of Fort Worth has incurred or will incur as a result of the Installation, maintenance, inspection, or maintenance of the Signs provided for by this Agreement, Inwood agrees Page 2 of 15 to pay to the City of Fort Worth at the time this Agreement is executed an application fee in the amount of Three Hundred Twenty-Five and 00/100th-Dollars ($325.00). 5. The term of this Agreement will be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth or an underlying Easement Encroachment License Agreement signed of even date herewith between the FW Club and the City of Fort Worth, whichever is shorter. Provided however, this Agreement may be terminated by Inwood upon its removal of the Signs, repair of all damage caused by the Installation and removal of the Signs, which repairs must be reasonably acceptable to the City of Fort Worth in its reasonable discretion and to the FW Club, and a written termination agreement among Inwood, the City of Fort Worth, and the FW Club. Provided further, this Agreement will terminate, at the written election of the FW Club, upon the non-compliance of any of the terms of this Agreement by Inwood that are not timely cured — with such termination to occur only after written notice from the FW Club to the City of Fort Worth and Inwood and only after the Signs are removed in accordance with the terms of this Agreement, the separate indemnification agreement between Inwood and the FW Club being signed of even date herewith, and approval by the City of Fort Worth of such termination. The City of Fort Worth or the FW Club shall notify Inwood in writing (with a copy of such notice to the non-notifying party) of the alleged non-compliance and specify what is required to cure any alleged non-compliance, and if such non-compliance is not cured within thirty (30) days after the date Inwood receives such written notice, this Agreement will, at the option of the City of Fort Worth or the FW Club, be deemed terminated upon the date of written notice to Inwood and only after Inwood has fully complied with the terms of this Agreement and the separate indemnification agreement between Inwood and the FW Club being signed of even date herewith regarding Inwood's obligations to the FW Club, and only after Inwood has removed the Signs, repaired all damage caused by the Installation and removal of the Signs, which repairs must be reasonably acceptable to the City of Fort Worth in its reasonable discretion and to the FW Club, and a written termination agreement among Inwood, the City of Fort Worth, and the FW Club. 6. It is further understood and agreed upon by and between the parties that the Easement Area to be used and encroached upon as described herein, are held by the City of Fort Worth as trustee for the public; that the City of Fort Worth exercises such powers over the Encroachment Area as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that the City of Fort Worth cannot contract away its duty and its legislative power to control the Encroachment Area for the use and benefit of the public. It is accordingly agreed that if the governing body of the City of Fort Worth at any time during the term hereof determines 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 Area, including, but not limited to, underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, Page 3 of 15 regardless of whether presently contemplated, the parties agree to negotiate in good faith in order to accommodate the Installation and the public purpose. 7. TO THE GREATEST EXTENT PERMITTED BY LAW, INWOOD COVENANTS AND AGREES TO DEFEND THROUGH LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE CITY OF FORT WORTH (PROVIDED SUCH COUNSEL DOES NOT VOID ANY APPLICABLE INSURANCE COVERAGE), TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND (THROUGH LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE CITY OF FORT WORTH PROVIDED SUCH COUNSEL DOES NOT VOID ANY APPLICABLE INSURANCE COVERAGE) THE CITY OF FORT WORTH AND THE FW CLUB, INWOOD AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF FORT WORTH, EACH OF ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND, IF APPLICABLE, 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 INSTALLATION AND MAINTENANCE OF THE SIGNS, AND THE USE, EXISTENCE, OR LOCATION OF SAID ENCROACHMENT AREA AND USES GRANTED HEREUNDER, AND INWOOD HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS ARISING SOLELY IN CONNECTION WITH THE INSTALLATION AND MAINTENANCE OF THE SIGNS. INWOOD SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL DEFEND AND INDEMNIFY BOTH THE FW CLUB AND THE CITY OF FORT WORTH, AND INWOOD SHALL DEFEND AND INDEMNIFY BOTH THE CITY OF FORT WORTH AND THE FW CLUB FOR ANY AND ALL INJURY OR DAMAGE TO EITHER THE FW CLUB OR THE CITY OF FORT WORTH ARISING OUT OF OR IN CONNECTION WITH INWOOD'S SIGN INSTALLATION AND INWOOD'S USE OF THE ENCROACHMENT AREA AND ANY AND ALL ACTS OR OMISSIONS OF INWOOD, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR ELECTED OFFICIALS. 8. While this Agreement is in effect, Inwood agrees to furnish the FW Club and the City of Fort Worth with a true and correct copy of an ACORD 25 Certificate of Insurance, naming both the FW Club and the City of Fort Worth as additional insured, 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 the drawings on 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 Inwood that such insurance amounts shall be Page 4 of 15 revised upward at either the FW Club's or the City of Fort Worth's reasonable option/request and that Inwood shall so revise such amounts immediately following receipt of written notice to Inwood of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City of Fort Worth and to the FW Club. Inwood agrees to submit a similar copy of the Certificate of Insurance annually to the City of Fort Worth and the FW Club on the anniversary date of the execution of this Agreement. Inwood 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 Signs in the Encroachment Area. All insurance certificates required herein shall include certificates from Inwood's contractors and subcontractors. In connection with the Installation of the Signs contemplated herein and the maintenance, service, replacement, and removal of such Signs, Inwood agrees to provide the City of Fort Worth and the FW Club, prior to the commencement of any Installation of such Signs or any work on such Signs, with true and correct copies of the original signed endorsements provided from the insurance carrier in conjunction with the certificate of insurance, in a form acceptable to the FW Club showing that Inwood and its sign company have an adequate amount of liability insurance coverage, as described herein, on which the FW Club and the City of Fort Worth have been listed as an additional insured on an endorsement form reasonably acceptable to the FW Club and workers' compensation coverage on all such contractor's employees, and such workers' compensation coverage must include an original waiver of subrogation endorsement that is on a form reasonably acceptable to the FW Club that is signed by the authorized agent of the insurance company in favor of the FW Club. In addition to the indemnification provisions set out above, Inwood separately and independently agrees to procure and maintain in force during the term of its lease with the FW Club, at Inwood's expense, occurrence-based commercial general liability (unamended) and property damage insurance policies with companies approved by and acceptable to the City of Fort Worth and the FW Club, that are (i) authorized to sell insurance in the State of Texas, (ii) adequate to protect against liability for damage claims through public use of the Encroachment Area, arising out of accidents occurring in or around the Encroachment Area, or arising out of the maintenance, use, or occupancy thereof, and (iii) the companies are members of the property and casualty insurance guaranty association created under Article 21.28-C, Insurance Code Article 1.14-2, Texas Insurance Code, in a minimum amount of$1,000,000.00 combined single limit per occurrence which insurance will include contractual liability coverage recognizing this Agreement and will not have a deductible in excess of $100,000. Such coverage must be at least as broad as the most commonly available ISO Commercial General Liability (CGL) policy form CG 00 01 and must include coverage for bodily injury, broad form property damage, premises/operations, blanket contractual liability, products liability, and completed operations liability. Inwood also agrees to obtain a written obligation from the insurers to notify the City of Fort Worth and the FW Club in writing at least thirty days prior to Page 5 of 15 cancellation, change in coverage, or refusal to renew any such policies. Such language on the certificate of insurance will read as follows: "If any of the above-referenced policies are canceled before the expiration date thereof, the coverage changed, or non- renewed, the issuing company shall provide the additional insured with at least thirty days' prior written notice." Inwood also agrees to deliver a copy of each insurance policy and all endorsements required in this Agreement to the City of Fort Worth and the FW Club within ten days of the date of this Agreement and annually thereafter during the term of Inwood's lease with the FW Club, within at least ten days of the renewal of such insurance coverage. Each public liability, commercial property, and other insurance policy required under the terms of this Agreement to be maintained by Inwood will state that it is (i) primary coverage as respects to any claims, losses, or liabilities arising out of Inwood's use of the Encroachment Area, (ii) non-contributing, (iii) not supplemental to and not in excess of coverage that the City of Fort Worth or the FW Club may carry or that may be available to the City of Fort Worth or the FW Club and that any insurance coverage carried by the City of Fort Worth or the FW Club will be excess insurance. Inwood will also be responsible for making certain that its Sign installation contractor obtains workers' compensation insurance covering all individuals hired or employed by or on its behalf in connection with any work done on or about the Encroachment Area or the FW Club's premises with respect to which claims for death or personal and/or bodily injury could be asserted against either the City of Fort Worth or the FW Club or the Encroachment Area and providing both the City of Fort Worth and the FW Club with proof of such coverage and an original signed endorsement provided from the insurance carrier in conjunction with a certificate of insurance, in a form reasonably acceptable to both the City of Fort Worth and to the FW Club waiving subrogation claims against both the City of Fort Worth and the FW Club. Any commercial general liability insurance coverage required of Inwood under this Agreement may be furnished by Inwood under a blanket policy carried by Inwood, but only if (i) the endorsement identifies the Encroachment Area with specificity stating the particular address of the Encroachment Area, and (ii) expressly waives any pro rata distribution requirement contained in Inwood's blanket policy covering the Encroachment Area. 9. Inwood agrees to deposit with the City of Fort Worth when this Agreement is executed a sufficient amount of money to be used to pay necessary fees to record this Agreement in its entirety in the real property records of Tarrant County, Texas. After being recorded, the original will be returned to the the City of Fort Worth and a copy of the recorded document will be mailed to Inwood and the FW Club. 10. Page 6 of 15 Inwood 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 Signs installed, and uses. 11. Inwood 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. Inwood 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 the City of Fort Worth or the FW Club, and Inwood shall have exclusive control of and the exclusive right to control the details of its operations, the Installation of the Signs and all persons performing same, and will be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior will not apply as between the City of Fort Worth or the FW Club and Inwood, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein will be construed as creating a partnership or joint enterprise between the City of Fort Worth and Inwood or between the FW Club and Inwood. 13. Inwood agrees and acknowledges that this Agreement is being entered into solely for the purpose of permitting Inwood to install, maintain, and locate one or more Signs over the Encroachment Area and is not a conveyance of any right, title, or interest in or to the Encroachment Area nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Inwood agrees that it will obtain all necessary permission from both the City of Fort Worth and the FW Club before installing any Signs. 14. In any action brought by either by the City of Fort Worth or the FW Club for the enforcement of Inwood's obligations to either the City of Fort Worth or the FW Club under this Agreement or any other agreement between such parties, the City of Fort Worth or the FW Club, as the case may be, will be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained in this Agreement that contemplate performance after the termination of this Agreement for any reason will survive the termination of this Agreement for all purposes. 16. Page 7 of 15 Inwood 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 both the City of Fort Worth and the FW Club, and any attempted assignment without such written approval will be void. 17. The parties agree that any cause of action for breach of this Agreement must be brought in Tarrant County, Texas. This Agreement will be governed by the laws of the State of Texas. 18. This Agreement will be binding upon the parties, their successors and permitted assigns. [remainder of page intentionally left blank] Page 8 of 15 EXECUTED to be effective as of the f 2 day of JGe-e-- 2014 ("Effective Date"). Inwood National Bank B : ame: o Title: F_✓P �- o O Mailing Address: 7621 Inwood Road Dallas, Texas 75209 Attn: Dennis Lorch Senior Vice President 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 Dennis Lorch, Executive Vice President of Inwood National Bank, 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 Inwood National Bank, and in the capacity therein stated. Kb GI N DER MY HAND AND SEAL OF OFF this `7 day of 2014. M .O. Notary Public in and for tat o Texas Com [signature page 1—Easement Encroachment License Agreement] Page 9 of 15 Agreed to and accepted this day of e,c3 �, 2014. City of Fort Worth By-i ...� Randal Harwood, Director Planning and Development Department ATTEST: Approved As To Form and Legality �SSh•�d City Secretary Of F® Assistant City Attorney , 000000000 Mailin;;Address: C, 9 so City of Fort Worth $ o;V 1000 Throckmorton Fort Worth, TX 76102 °°°°°°°°°p Attn.: Legal Dept (Easements) " S 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 Fernando Costa, Assistant City Manager of the City of Fort Worth, 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 the City of Fort Worth, and in the capacity therein stated. IV N UNDER MY HAND AND SEAL OF OFFICE this—A� day of 2014. otary Public in and for the State of Texas EVONIA DANIELS N ot, ry Public,State of Texas "ic,, �a.r• Niy commission Expires July 10, 2017 [signature page 2—Easement Encroachment License Agreement] OFFICIAL RECORD C�V SECRETARSr' Page 10 of 15 r-1 M0,IR71 N� `I s Joined in by the FW Club solely for the purpose of its agreement to furnish written notice to the City of Fort Worth of any termination of this Agreement and not as a party. Fort Worth Club of Fort Worth, Texas By: �k) Walter Littlejohn—General Manager [signature page 3-Easement Encroachment License Agreement] Page 11 of 15 Exhibit A Drawings of Signs to be installed o � b _ 1 r MINN VlF14I91B3lm ' � OH klfii, M1011t�gb h1111(WtiA1-yS Q�— I LLS t i hu mu nT�inn �, ^� 1�1f6IAA�SCWAr © illhFi�t 0.v PO - t IPL4C�1 1 t111Cit I1 ar 1 n WACFATGIirNYBFFBRM 61AI ' I MADIAf t RRImAfSL�4!'7"iJ/f'H ifdf fI(1S✓NN 1bRi WALL I s!•I`�' 1 OIA,EXPANSION BOUS(A307 ) O _1 ROWS w EP i L=5'MIN,EMBIO MENtI NWALL 'EACH ON RACEWAYS I ANO Z 37� 4 ON RACEWAY 3 ax! LtT1FR SjQION RACEWAY 1 CItFVIA'f 2 th(EWAY 3 RIB E%9YbMtELUTIUSImSUREW 01 NR7F Te 111dGr01S.Leff iIIANdfi NAbF rbC USM141SH(SWI5Tf(FAEAPrAWIUB(7RO tIPA MrRiGRr➢W.Vt fAOWW, • u14.1r N m u MuIACIaB lS.nt�R'al..va� Sf? paqIfHIN CaSYas IX IwuStA4 NR �' .1 ! teSt�;n�FaM11Nm11f4 .� � � ,. Page 12 of 15 NATIONAL �tB im °uiiia I T'ea IIAEGiIGNTINGGY ;�-_ - -- -- PNSa 322 TEAL WADS 3'ALUM,SQ.TUBES 1 WITHWALUM-PLATE, 1EAL SIDE AEEENES ! `- ATTOEDIA1 11111171 101141E AQUA BIDE ANCHORS TO TILT WALL AEON PRO 1.1614TWO SEE PLATE DETAIL FOR BLACK ALUM,PAND AHCllok DETAILS M7TH S;'PUSHdHRU IAUaoe P�swtlEaufnrr . COPT aml 111" ITHALEfAITWE LED x WHOLES FOR(4 W EIPAIISION _ BOLTS(007 wMILTI HY-150 EPDXY @EACH SUPPORT(4 TOTAL S'MDI EMBEDMENT iH WAIL BLACK ALUM.BAND WITH w PUSH-THRU Sw as COPY Ir 'A'ALUMINUMPIAIES o E3 (2 REQUIRED) -4L�1�"�16a�vlsfFt+ �s"r'A'iiE7tA11,:C NMID FAERIEATOAS:AW(NAW MA6E TOWSMEAS1160 TIEPAEAIMM81"OUCT KAhA t HIlukro AmuEAiNRIRa mAfe«.aia A/AEb(IIaSWAtAwL _ gkrlm _� 1)711 (dlf nc• n. .... tl u (N7 fuJW Fcn NM Ik hJsfdlM IR -.r. 11411! Starllte5�;r1„hnDq`fA1WE ,,.,e �,,,, M Page 13 of 15 Pik !=T fl LOA EIt WNIS HAIR AS!S R T OFORIUTa1:AMCIMIASW10UMOMERS MESAT:KTImATPR01FE16YPA0 JKfMumpPRIOkILIMINI fAnLRO(D -- - Imgl�l'AVI®ml__ —_- ,lunr■recal�rc.inwausw-- MIL ry12T/.igInT11TMACiAA1 U lrx1W -�y 717tR (Jolts it aqu..■+utwxwK Starlitesign..� �ww,Tonw.x►n " h.lrsJtq -- w r OWN rcwwr For ,■� Page 14 of 15 i – sv staRFf#oRr I 3 i 1 1 1- s Ngo-ol) NATIONAL. 1 dt loomw �IY.T.I��iiiiili�i7�iuw'�npfiwwmyrfxwtil - ORTUFA SUCAl0ts;AM(HINDU MOETOCUMKFRWKS MIT KOREAPWADIFFPRi11K[9A)Rl MORTON1Ntf MNN6 t,N v,.'crnrw fGfa?iwuiri.ui i; "dt rtT , WA[Irbil`9 tlkeM T tth5 a r luC,ma w yRL__—.011._ mrn JLnL9 . 5tarlfteSi�rT rFptliit7Nit>u1nNNt To tU&SA, u .Ir xt■■ f Page 15 of 15 M:\03\030061.266\2014\xEasemen t-Encroachme nt-License-Ag r-Inwood-Ban k-City-of-FW(8-12-14)HI Rdoc D M/ ATE(MDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 04/04/2014 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 1-972-991-3700 CONTACT Maria Hines Arthur J. Gallagher Risk 14ngmt, Services, Inc. PHONE FAX E t• 972-663-6174 AJC No: 972-663-6075 Two 'Lincoln Centre E-MAIL ADDRESS: maria_hines @ajg.com 5420 LBJ Fwy, Suite 400 Dallas, TX 75240 INSURER(S)AFFORDING COVERAGE NAIC11 Mike Mayo INSURERA: GREAT NORTHERN INS CO 20303 INSURED INSURER 8: FEDERAL INS CO 20281 Inwood National Bank INSURER C CHUBB IND INS CO 12777 PO Box 7206 INSURER D: Dallas, TX 75209 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 39176360 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY IPONoYY YY LIMITS LTR A GENERAL LIABILITY 35828718 04/11/1 04/11/15 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occa rence $ CLAIMS-MADE �OCCUR MED EXP(Any one person) $ 10,000 PERSONAL 8.ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $Included '.. -75E]POLICY E PRO• LOC $ A AUTOMOBILE LIABILITY 73541196 0 1 - 04/11/15 COMBINED SINGLE LIMIT 1 000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per amcidenl) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ 11 HIRED AUTOS X AUTOS Peraccidenl B X UMBRELLA LIAB X OCCUR 79783242 04/11/1 04/11/15 EACH OCCURRENCE $ 10,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 71719849 04/11/1 04/11/15 X WCSTATU• OTH- AND EMPLOYERS'LIABILITY 1 -- ANYPROPRIETORlPARTNER/EXECUTIVE Y!N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under $-1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE: leased property at 777 Taylor St., Suite 102, Ft. Worth, TX Certificate holder is included as additional insured on General Liability with a waiver of subrogation per policy form 17-02-3080 04-01. Policy includes a 30 day notice of cancellation The policy endorsements provided are true and certified copies from the insured's policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Fort Worth Club THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Director of Tenant Relations 306 West 7th Street AUTHORIZED REPRESENTATIVE Fort Worth, TX 76102 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD pjensen 39176360 A DATE I— DIYYYY) CERTIFII..,TE OF PROPERTY INS L- .ANCE 04/04/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER 1-972-991-3700 CONTACT Maria Hines Arthur x. Gallagher Risk Mn NAME: g gmt. Services, Inc. PHONE AID No Ext: 972'663-6174 �C No: 972-663-6075 Two Lincoln Centre E-MAIL _ 5420 Lai Fwy, Suite 400 ADDRESS: maria_hines @ajg.com PRODUCER Dallas, TX 75240 CUSTOMER D: Mike Mayo IN$VRER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:GREAT NORTHERN INS CO 20303 Inwood National Bank INSURER B: PO Box 7206 INSURER C: INSURER 0: Dallas, TX 75209 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 39176372 REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Policy includes 30 day notice of cancellation 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MMIDONYYY) DATE(MMIDDfYYYY) A X PROPERTY 35828718 04111/14 04/11/15 BUILDING CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $ BASIC BUILDING BUSINESS INCOME $ BROAD CONTENTS X EXTRA EXPENSE $ 1,825,000 X SPECIAL RENTAL VALUE $ EARTHQUAKE X BLANKET BUILDING $23,355,170 WIND X BLANKET PERS PROP $ 5,329,898 FLOOD BLANKET BLDG&PP $ $ INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS NAMED PERILS POLICY NUMBER $ $ CRIME $ TYPE OF POLICY $ BOILER&MACHINERY 1 $ EQUIP1dENT BREAKDOWN $ $ SPECIAL CONDITIONS I OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule,IF more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Fort Worth Club THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Attn; Director of Tenant Relations 306 West 7th Street AUTHORIZED REPRESENTATIVE Fort Worth, TX 76102 . USA pjensen ©1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24(2009/09) The ACORD name and logo are registered marks of ACORD 39176372