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Seven Mile Cafe Escrow Agreement `oF Engineering Development Review Division 215 W. Hickory St., Denton, TX 76201 • 940 349-7157 DENTON � � > MEMORANDUM DATE: September 26, 2018 TO: Todd Hileman FROM: Becky Owens SUBJECT: Development Contract Summary 45 Mission Trail Holdings, LLC. is the Owner/Developer for the development of Seven Mile Cafe/SP17-0058, a 1.02 acre commercial development located at 2123 Sadau Ct.. This contract is required to ensure the public improvements are constructed in accordance with the City's standard specifications for public works projects, applicable ordinances and design ' criteria manuals for the construction of public sidewalk and drainage improvements. This contract is executed by the Developer, Contractor, and the City. The Developer is responsible for all monies due to the Contractor for construction and in no event is the City responsible for payment of any costs or expenses for the construction of the public improvements. The Contractor bears the burden of the associated bonds and insurance in favor of the City ensuring the completion and acceptance of the public improvements construction. Upon proper completion of the Public Improvements in accordance with this agreement,the City agrees to accept the Public Improvements. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service 3 - Way Development Contract Project: Seven Mile Cafe / SP17-0058 TYPE: SW & DR Approved by Engineering Development Review, Engineering Services Department, forwarded 9 Z�v f3 /"; To Legal Department Sign Date Reviewed by Legal 10/5�'/lk Department, forwarded to 4?4 94 City Manager's Office Sign Date Attested by Jennifer Walters, returned to Engineering Development Review, Engineering Services Sign Date Department *Please notify Jim Jenks, Becky Owens and Greg Blackstone by e-mail when contracts are complete THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligation'' d b l►iesaterms. Sig tare )Titl ! ,? C Depa.1me Date Signed: SFF PROJECT NO. SP 17-0 n non CONTRACT TYPE SW/DR DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS WHEREAS, 45 Mission Trail Holdings, LLC. (the "Developer"), whose business address is 529 Bolivar Street, Denton, Tx 76201, is the owner and developer of real property located in the corporate limits of the City of Denton being described as Golden Triangle Mini Mall Addition, Block A, Lot 9A ,an addition to the City of Denton,Texas(the"Development');and WHEREAS,Developer wishes to enter into this agreement with the City of Denton,Texas(the "City) to provide for the construction of certain public improvements generally described as the Sidewalk and Storm Sewer Connection as further described in Exhibit A attached hereto and made a part hereof by reference(the"Public Improvements"),which,among other things, are necessitated by and will serve the Development;and WHEREAS,this agreement is entered into pursuant to Subchapter C of Chapter 212 of the Texas Local Government Code as a condition of plat approval and the Public Improvements are roughly proportional to the benefits received and burdens imposed by the Development;and WHEREAS,this agreement is required to ensure that the Public Improvements are constructed in accordance with the City's standard specifications for public works projects,applicable ordinances and design criteria manuals("Standard Specifications"),and the plans and specifications prepared by Developer's engineer, KJ Environmental Mgt.Inc. ("Developer's Engineer") dated 01/17/2 01 s , which were approved by the City and are on file in the office of the City Engineer, which may be amended with the written approval of the City Engineer or his designee (the "Project Page 1 of 9 O.DRC Fmg6emi*TECHtiICikN FILESOevetoXm cnt Coat sU.),-ektpnmt Conuw originals\D"elapnientCemtmctdmx DEVELOPMENT CONTRACT Specifications"),such Standard Specifications and Project Specifications being incorporated herein by reference and herein called the"Plans and Specifications";and WHEREAS,the Developer understands and agrees that it is responsible for and has retained at its sole expense,the Developer's Engineer to design the Public Improvements in accordance with the Standard Specifications,taking into consideration the specific site conditions that may impact the Public Improvements;and WHEREAS,the Developer shall provide for the construction of the Public Improvements by and through JC Remodeling , whose address is 924 Willowwood Street, Denton, TX 76205 „ (the "Contractor), a construction contractor experienced in the construction of improvements similar to the Public Improvements,and WHEREAS,Developer and Contractor recognize that the City has an interest in ensuring that the Public Improvements, which will, upon completion and acceptance by the City, become public property,are properly constructed in accordance with the Plans and Specifications and that payment by Developer is provided therefor; NOW,THEREFORE, The Developer,Contractor, and City(the "Parties") in consideration of their mutual promises and covenants contained herein agree as follows: 1. Covenants of Developer and Contractor. (a) Construction. Contractor shall construct the Public Improvements in accordance with the Plans and. Specifications and complete the Public O1/15/2019 1 Improvements on or before Developer shall be responsible for all monies due to the Contractor for construction of the Public g Improvements. In no event shall the City be responsible for payment of any of the expenses or costs to construct the Public Improvements. The City Engineer Page 2 of 9 DEVELOPMENT CONTRACT in his discretion may require the Developer to provide security for payments to the Contractor,which may be in the form of a cash deposit with the City,a letter of credit a dedicated construction account with a lending institution approved by the City Engineer,or other security that the City Engineer in his discretion deems adequate to ensure that the Developer does not default in its payment obligations to the Contractor, (b) Authority of City Engineer,Inspections,Tests and Ordem Developer an Contractor Warranty. All work on the Public Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions, which arise as to the quality and acceptability of materials furnished, work performed,and the interpretation of the Plans and Specifications and may reject any work not performed in accordance with the Plans and Specifications. The Contractor, its surety on the performance bond required herein and the Developer,warrant that the Public Improvements will be free from.defects in materials and workmanship and that they will pay to remedy same for a period of two years after the completion of the Public Improvements and final acceptance by the City. This warranty shall not constitute a limitation on the duty to remedy latent defects in construction that were not known at the time of final acceptance or within said two year warranty period. The Contractor shall famish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the Plans and Specifications applicable thereto. Any work Page 3 of 9 w DEVELOPMENT CONTRACT done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. The City Engineer or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to final acceptance by the City and an inspection 30 days prior to the expiration of two years from the date of final completion and acceptance of the work by the City. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair,remove or replace, if so directed,rejected,unauthorized or condemned work or materials,or to follow any other request or order of the City Engineer or his representative,the City Engineer shall notify the Developer of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Public Improvement~-, and the City may withhold, suspend or revoke any permits or other approvals for the Development until such matter is remedied to the satisfaction of the City Engineer. (c) Insurance. Contractor shall provide for insurance in form and in substance in accordance with the City's standard insurance requirements for public works projects, which are on file in the Office of the City Engineer and which are incorporated herein by reference. l (d) Means and Methods of Construction. The means and methods of construction shall be such as Contractor may choose, subject,however,to the City's right to reject the Public Improvements for which the means or method l Page 4 of 9 DEVELOPMENT CONTRACT of construction does not, in the judgment of the City Engineer,assure that the Public Improvements are constructed in accordance with Plans and Specifications. (e) Books and Records. All of the Developer's and the Contractor's books and other records related to the construction of the Public Improvements shall be available for inspection by the City, (f) Performance Bonds, The Contractor shall execute a performance bond in the full amount of the cost to construct the Public Improvements in favor of the City ensuring completion of the Public Improvements in accordance with the Plans and Specifications and warranting against defects in materials and workmanship for a period of two years from the date of final acceptance by the City as provided in I(b)herein. The performance bond shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, shall be on the City's standard form, and shall contain a local resident agent for service of process. The Developer may be a co-obligee on the performance bond with regard to the Contractor's obligations. (g) Payment Bonds. The Contractor shall execute a payment bond in the full amount of the cost to construct the Improvements in favor of the City insuring against claims from suppliers and subcontractors. The payment bond shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, shall be on the City's standard form, and shall contain a local resident agent for service of process. Owner and Developer may be co-obligees on the payment bond. Page 5 of 9 DEVELOPMENT CONTRACT (h) Retainsee:Final Payments. As security for the faithful completion of the Public Improvements,Contractor and Developer agree that the Developer shall retain ten(10)percent of the total dollar amount of the contract price until after final approval or acceptance of the Public Improvements by the City. The Developer shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Developer satisfactory evidence including an affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money due for labor,materials,apparatus,fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. In addition,Contractor shall provide Developer with a consent to final payment from the payment bond surety. (i) Encumbrances. Upon completion and final acceptance of the Public Improvements by the City,the Public Improvements shall become the property of the City free and clear of all liens, claims,charges or encumbrances of any kind. If,after acceptance of the Public Improvements, any claim, hen, charge or encumbrance is made,or found to exist,against the Public Improvements,or land dedicated to the City, to which they are affixed, the Developer and Contractor shall upon notice by the City promptly cause such claim lien,charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim,lien,charge or encumbrance, in favor of the City,to ensure payment of such claim,lien,charge or encumbrance. INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR SHALL AND HEREBY DO UNDENINIFY, DEFEND AND SAVE Page 6 of 9 DEVELOPMENT CONTRACT HARMLESS, THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER,NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE CONTRACTOR, HIS AGENTS, EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT OF FAULT OF THE CONTRACTOR, HIS AGENTS, EMPLOYEES OR SUBCONTRACTORS IN CONSTRUCTION OF THE IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE CITY GROWING OUT OF SUCH INJURY OR DAMAGE. (k) Agreement Controlling, The provisions of this agreement shall control over any conflicting provision of any contract between the Developer and Contractor as to the construction of the Public Improvements. 2. Covenants of City of Denton. Upon proper completion of the Public Improvements in accordance with this agreement the City agrees to accept the Public Improvements. 3. Nexus and Routh Proportionality. The Developer acknowledges and agrees that there is a reasonable nexus between the demands created by the Development and the Public Improvements,and that the costs associated with the construction and dedication of land for the Public Improvements is roughly proportional to the benefits received and Page 7 of 9 DEVELOPMENT CONTRACT the burdens imposed by the Development. The Developer shall indemnify and hold the City harmless against any claim by it or others claiming through it, that the required Public Improvements and associated dedication of land are unlawful exactions. 4. Venue and Governine Law. The Parties herein agree that this agreement shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith,exclusive venue shall he in Denton County,Texas.The terms and provisions of this agreement shall be construed in accordance with the laws and court decisions of the State of Texas. 5. Successor and Assizns This contract shall be binding upon and inure to the benefit of the parties hereto,their respective successors and assigns. A Executed in triplicate this, day of .2018 . DEVELOPER Name: 45 Mission Trail Holdings, LLC, Kevin Klingele Name: Kevin Klingele Title: Managing Member Address 529 Bolivar Street Denton, TX 76201 Page 8 of 9 DEVELOPMENT CONTRACT CONTRACTOR Name: JC Remodeling A Julio Gomez Name: Julio Gomez Tide: Manager Address 924 Willowwood Street Denton, TX 76205 CITY OF DENTON,TEXAS BY: CITY MANAGER ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL,CITY ATTORNEY BY: Page 9 of 9 EXHIBIT A *PUBLIC IMPROVEMENTS* Project Description PROJECT: Seven Mile Cafe LOCATION: 2123 Sadau Court Denton,TX 76205 Project Estimate 6/27/2018 ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL Sidewalk at Sadau Court 1 4"-3000 psi Reinforced Concrete 5'Wide Sidewalk SF 122 $ 5.00 $ 610 2 Barrier Free HC Ramps EA 4 $ 450.00 $ 1,800 Storm Sewer Connection 3 18"Class III RCP LF 12 $ 65.00 $ 780 4 Connection to Existing 18"Storm Drain Pipe in Sadau Court EA 1 $ 850.00 $ 850 Grand Total $ 4,040 NOTE:Since ENGINEER has no control over the cost of labor,materials,equipment or services furnished by others,or over the Contractor(s)methods of determining prices,or over competitive bidding or market conditions,ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein are made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional engineer,familiar with the construction industry;but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance to the Exhibit Prepared By: Craig Bond, P.E KJE Management, Inc. 500 Moseley Road Cross Roads,TX 76227 (940)387-0805 Page 1 Exhibit A-Seven Mile Cafe 06-27-18 ,k4l- S-F 1,3 SP17-0G�;O EffectiveDoewWw41,20ft PROJECT NO. CONTRACT TYPE SW/DR THE STATE OF TEXAS § ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND Development Contract (Improvements of$15,000 or Less) CITY OF DENTON WHEREAS, 45 Mission Trail Holdings J LLC. hereafter referred to as "Owner'',has undertaken to develop property within the City of Denton,Texas,or it's extraterritorial jurisdiction;and WHEREAS,Owner has,pursuant to the ordinances of the City of Denton,Texas, hereafter referred to as"City",executed a development contract to insure that any and all streets, water and sewer lines,drainage facilities or other improvements which are to be dedicated to the public,hereafter referred to as"Improvements",are constructed and completed in accordance with the specifications,standards and ordinances of the City;and WHEREAS,Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City;and WHEREAS, in order to receive such building permits Owner may, where the cost of the Improvements is$15,000 or less, instead of posting a performance bond,escrow cash money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements,and to fully protect the City against defects in materials and workmanship; ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND NOW,THEREFORE,OWNER,City and Ifi rs-t u ft i ttd P4f) k Ound —�r u ,hereafter called"Escrow Agent",agree as follows: i, Amount. Owner,as a condition to receiving building permits for property located at 2123 Sadau Court, Denton, TX 762a shall deposit the sum of Four-thousand forty and no/100 ($ 4,040.00 ), in cash money,with Escrow Agent,said sum being in an amount,as determined by the City,necessary to insure completion of all improvements which are to be dedicated to the public,and to fully protect the City against defects in materials and workmanship;said improvements being more particularly described in that certain development contract dated the (�(P �day of ,2018 ,between the City,Owner and Owner's Contractor,to which reference is made herein. 2. Notice of Deposit.. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing,that cash money,in the amount specified herein,has been deposited in an escrow account with Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed i funds until the City Engineer authorizes the Escrow Agent, in writing,to release such funds as provided for herein as follows: (a) the City Engineer shall authorize the release of all the escrowed funds when all improvements are completed and approved in accordance with provisions of the r development contract and after 2 years has expired from the date of final completion and acceptance of the work by the City and no defects in materials Page 2 of 5 ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND and workmanship have been discovered;the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer shall inform the escrow agent,in writing,with a copy to the owner,that the owner is in default under his Development Contract with the City by either failing to complete the improvements in accordance with the terms and conditions of the Development Contract or that the City Engineer has determined that there are defects in materials and workmanship in the improvements. Whereupon,the escrow agent will immediately,without further demand,claim,or notice,release to the City through the City Engineer,the amount necessary,as specified by the City Engineer,to remedy the default. 3. Notices. Any notice to be sent,or required to be sent or given under this agreement shalt be sent to the address of the parties hereto,as follows: CITY: Engineering Administrator City of Denton @ City Hall East 601 E. Hickory, Suite B Denton,'I'X 76205 OWNER: 45 Mission Trail Holdings LLC .......... 529 Bolivar Street, Denton, TX,76201 Kevin Klingele Managing Member ESCROW AGENT: �C�x�r-�, `Pl o�Ce �r Page 3 of 5 ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this agreement. S. Nonliabillity of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question,dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement,the duties of the Escrow Agent hereunder or the rights of the parties to this agreement,the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled,and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied,by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto(who may include the subscribers),that the question,dispute, or disagreement has been resolved;or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent jurisdiction,an order binding all parties interested in the matter. 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. Page 4 of 5 ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement,exclusive venue shall lie in Denton County,Texas. IN WITNESS WHEREOF,the said City,Owner,and Escrow Agent have signed this instrument this day of 18 BY: BY: Owner ESC+A(;NT City Representative ATTEST: C4T\Y SECRETAW C T OF Q 11,NT6� _M B y A QX'A Page 5 of 5 UfitstUnkd- SPEND LIFE WISELY' September 26, 2018 City of Denton 215 E. McKinney St. Denton, TX 76201 RE: Escrow Account for 45 Mission Trail Holdings, LLC To Whom It May Concern: Please accept this letter as proof that an Escrow Account has been established at First United Bank and Trust in the amount of$4,040. The account has been set up in the name of 45 Mission Trail Holdings, LLC—First United Bank and Trust, Escrow Agent. The purpose of the escrow account is for city improvements to the property located at 2123 Sadau Ct, Denton, TX 76210. If you have any questions,please do not hesitate to contact me at 940/349-5632 or itpricegfirstunitedbank.com. Sincerely, J.�I&d'd-Pri Senior Vice President—Commercial Lending First United Bank 1517 Centre Place Drive —Denton, Texas 76205 ACCORD"� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D018 09/26/2018 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),I, PRODUCER CONTACT Maria Delgado NAME: Preferred Coverage Insurance Agency PHONE (888)943-5144 ac No): (469)733 1380 19177 Preston Rd.,Suite 187 -MAIL maria@preferredcoverageinsurance.com preferredcoverageinsurance.com Dallas,TX 75252 INSURER(S)AFFORDING COVERAGE NAIC p Phone (888)943-5144 Fax (469)733-1380 INSURER'A: Clear Blue INSURED INSURERB: Kemper JC Remodeling INSURER�C: 924 Willow Wood St. INSURERD; Texas Mutual INSURER,E: Denton TX 76205 INsuRER'F: 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. INSR TYPE OF INSURANCE ADD UBR POLICY EFF POLICY EXP - - LIMITS LTR POLICY NUMBER MMlDDlYYYY MWDDlYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE - _$ 1,000,000.00 ❑ CLAIMS-MADE © OCCUR DAMAGE TO RENTED- $ 100,000.00 PREMISES Ea occurrence ❑ MED EXP Any one person $ 5,000.00 A ❑ Y Y BITX13143000 07/02/2018 07102/2019 PERSONAL&ADV INJURY $ 1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000.00 ❑ POLICY R JECT PRO- © LOC PRODUCTS-COMP/OP AGG $ 2,000,000.00 ❑ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ® ANY AUTO - '._ BODILY INJURY(Perperson) $ OWNED ❑ SCHEDULED B -❑. AUTOS ONLY AUTOS Y Y 4514265 09/26/2018 09126/2019 BODILY INJURY(Per accident) $ ❑ HIRED ❑ NON-OWNED , - PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY perecdd ❑ UMBRELLA LIAB ❑OCCUR - EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE $ ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATION ® PER jJaE ❑ OR- ANDEMPLOYERS'LIABILITY Y!N - - ANYPROPRIETORIPARTNERIEXECUTIV� E.L.EACH ACCIDENT $ 1,000,000 D OFFICERIMEMBER EXCLUDED? Y NIA QD04151567 00/26/2018 09/26/2019 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe undo DESCRIPTION OF OPERATIONS below E.L..DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:Project Name City of Denton its officers,employees and servants and Owner are inc'uded as additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies as required by written contract. General Liability policy evidence herein Is primary and non- contributory to other insurance available to an Additional Insured,but only in accordancewith the policy's provisions as required by written contract. A Waiver of Subrogatlon is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability,Automobile Liability and Worker's Compensation policies as required by written contract. Should General Liability,Automobile Liability and Worker's Compensation policies be cancelled before the expiration date thereof the policy provsions will govern how Notice of Cancellation may be delivered to Certificate Holders in accordance With the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY O KTETHEREOF, E DESCRIBED POLICIES BE CANCELLED BEFORE City of Denton THE EXPIRA N NOTICE WILL BE DELIVERED IN Attn:Greg Blackstone ACCORD C TLICY PROVISIONS. 901 A-Texas Steet AUTH EP Denton,TX.76209 © 988 2015 ACORD CORPORATION. All rights reserved. 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