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HomeMy WebLinkAboutContract 52624-CA1 Date Received: 11/22/2021 Permit Number: PN21-00108 Time Received: 3:32 pm City Seccretary No.: 52624-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 52624 THIS ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 19th day of November 2021, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), CRP/CHI MARK IV OWNER, L.P., a Delaware limited partnership ("Assignor"), and DG INDUSTRIAL PORTFOLIO III PROPERTY OWNER, L.P., a Delaware limited partnership ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into a Public Right-of-Way Encroachment License Agreement, City Secretary Contract No. 52624 (the "Encroachment Agreement"), on the 5th day of August, 2019, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 91h day of August, 2019, as Instrument No. D219177605 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement. OFFICIAL RECORD Encroachment Assignment Agreement CITY SECRETARY FT. WORTH, TX 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (11) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor CRP/CHI Mark IV Owner, L.P. 3 819 Maple Avenue Dallas, Texas 75219 Attention: Brad Cooper Assignee DG Industrial Portfolio III Property Owner, L.P. Encroachment Assignment Agreement Page 2 of 10 Rev 04/2020 17304 Preston Road, Suite 550 Dallas, Texas 75252 Attention: Kevin Caille 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of 10 Rev 04/2020 ASSIGNOR: CRP/CHI MARK IV OWNER,L.P., a Delaware limited partnership By: CRP/CHI Mark IV GP, L.L.C., a Delaware limited liability company, its general partner By: CRP/CHI Mark IV Venture, L.L.C., a Delaware limited liability company, Its sole member By: CHI North Texas 105 Mark IV, L.P., a Delaware limited partnership, its administrative member By: CHI Development GP,L.L.C., a Delaware limited liability company, its general partner i By: Name: Wiam G.Mundinger, III Title: Vice President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on January a( , 2021 by William G. Mundinger, III, a Vice President of CHI DEVELOPMENT GP, L.L.C., a Delaware limited liability company, the general partner of CHI NORTH TEXAS 105 MARK IV, L.P., a Delaware limited partnership, the administrative member of CRP/CHI MARK IV VENTURE, L.L.C., a Delaware limited liability company,the sole member of CRP/CHI MARK IV GP, L.L.C., a Delaware limited liability company,the general partner of CRP/CHI MARK IV OWNER, L.P., a Delaware limited partnership, on behalf of said limited partnerships and limited liability companies. SARAH PEARSON zo. %Notary Public,State of Texas *.E Comm.Expires 10 29 2024 .,'Ff- Notary{D 129156802 N otary Public, State of Texas 1„o� [NOTARIAL SEAL] EncroaclunentAssignmentAgreement OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX ASSIGNEE: DG Industrial Portfolio III Property Owner, L.P. a Delaware limited partnership By: DG Industrial Portfolio III Property Owner GP, LLC a Delaware limited liability company its general partner By: DG Industrial Portfolio III, L.P. a Delaware limited partnership its sole member By: Name: /eatien Title : Authorized Signatory STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me by Sean Dalfen, as the Authorized Signatory of DG INDUSTRIAL PORTFOLIO III PROPERTY OWNER GP, LLC, a Delaware limited liability company, the general partner of DG INDUSTRIAL PORTFOLIO III PROPERTY OWNER, L.P., a Delaware limited partnership, on behalf of said limited partnership and limited lia ility company. ti.� • �o�p,RY PIJL9*-.. /'% Notary Public, State 4Wxas [NOTAR9L bEA _ 'P gje 0 0 A1 ��• 12432613 ' \� �. lPi 1. l. i���i'/ l 9 .`it\\�\�� OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Encroachment Assignment Agreement Page 5 of 8 Rev 04/2020 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: DJ Ha 202115:02 CST) FWBC Sec. 3210 DJ Harrell, Director Development Thomas Royce Hansen, Assistant City Services Department Attorney City Attorney's Office Date: Nov 19,2021 Date: Nov 18,2021 �qG` OR p0,0000. �o ����d ATTEST: �� o o �vo 0 o 0 OO CY /�...{ SEX ASa�p Ronald P. Gonzales, Acting City Secretary City Secretary's Office [No M&C Required] Contract Compliance Specialist: By signing I acknowledge that I am the person Date: Nov 22,2021 responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie Morales Development Manager Date: Nov 18,2021 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 19 th of November 2021 by DJ Harrell, Director, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. Digitally signed by Wendy WENDY L BEARDSLEE Wendy L.1�9 L.Beardslee Notary Public Date:2021.11.1916:07:59 STATE OF TEXAS Beardslee -06'00' Notary I.D. 13323719-3 My Comm.Exp.July 28,2025 Notary Public, State of Texas OFFICIAL RECORD Encroachment Assignment Agreement CITY SECRETARY FT.WORTH, TX EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 10 Rev 04/2020 CBTY SEnCRETA ,� RE� �v�D CONTRACT NO. 5 ab a 4 0-1 � PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT CIT NAG *MV 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 City Manager, Assistant City Manager, or Planning and Development Department Director, and CRP/CHI Mark IV Owner, L.P., a Delaware limited partnership ("Licensee"), owner of the real property located at Great Southwest Parkway and Mark IV Parkway, Fort Worth, Texas 76106 ("Property"), acting by and through a duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way(individually or collectively,the"Public Right-of-Way")adjacent to the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; 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 Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing private sewer, water and storm lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s) attached hereto. ROW Encroachment Agreement-Commercial Page 1 of 14 Revised 12/2018 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy shall comply and be performed in material compliance with this Agreement and with the Charter, Ordinances, and Codes of the City and in accordance with the written directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative related to the Encroachment. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. 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, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 their duly authorized representative based on actual costs. 4. 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 and the City shall be responsible for such access and use. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee except for City, -its employees' or its contractors gross negligence or willful misconduct, but City and its employees or contractors will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with ROW Encroachment Agreement-Commercial Page 2 of 14 Revised 12/2018 then-existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Public Right-of-Way, Licensee hereby gives City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all reasonable costs of inspection and supervision which the 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 Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days of such notice, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Public Right-of-Way to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Right-of-Way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, 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. ROW Encroachment Agreement-Commercial Page 3 of 14 Revised 12/2018 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, EXCEPT AS CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED GROSS 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. THE CITY SHALL REMAIN RESPONSIBLE FOR ALL CLAIMS OR SUITS DIRECTLY OR INDIRECTLYRELATED SOLELY TO ITS ACCESS TO THE ENCROACHMENT FOR ITS OWN PURPOSES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is 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 $190009000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's reasonable option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. ROW Encroachment Agreement-Commercial Page 4 of 14 Revised 12/2018 Licensee agrees, binds, and obligates itself and 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 Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. 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 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. 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 Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the Public Right-of-Way,nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. ROW Encroachment Agreement-Commercial Page 5 of 14 Revised 12/2018 16. 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 attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument ROW Encroachment Agreement-Commercial Page 6 of 14 Revised 12/2018 [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 7 of 14 Revised 12/2018 City: Licensee: CITY OF FORT WORTH CRP/CHI MARK IV OWNER, L.P., a Delaware limited partnership By: CRP/CHI Mark IV GP, L.L.C., a Delaware limited liability company, its general partner By: CRP/CHI Mark IV Venture, L.L.C., a Delaware limited liability company,its sole member By: CHI North Texas 105 Mark IV, L.P., a Delaware limited partnership, its administrative member By: CHI Development GP, L.L.C., a Delaware limited liability company, its general partner By: By: Randle Harwood, Director Name: William G. Munding r, III Planning& Development Title: Vice President Date: 7 Date: Z aO ( 9 F............... � . ATTEST: Approved As To Form and Legality City Sec ry Trey Qualls Assistant City Attorney ROW Encroachment Agreement-Commercial Page 8 of 14 Revised 12/2018 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. S Janie S. Morales Development Manager ROW Encroachment Agreement-Commercial Page 9 of 14 Revised 12/2018 1 ' 1 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 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this-S,-day of , 20 Notary Publi i and f r tlklState of Texas JENNIFER LOUISE EZERNACK -_: F�=Notary Public,State of Texas Zit N; After recording return to: =•';sof`47 Omm. tEx Tres 03-01-2020 � Planning &Development Y 30561630 Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 ROW Encroachment Agreement-Conmiercial Page 10 of 14 Revised 12/2018 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 William G. Mundinger, III, Vice President of CHI Development GP, L.L.C., a Delaware limited liability company, the general partner of CHI North Texas 105 Mark IV, L.P., a Delaware limited partnership, the administrative member of CRP/CHI Mark IV Venture, L.L.C., a Delaware limited liability company, the sole member of CRP/CHI Mark IV GP, L.L.C., a Delaware limited liability company, the general partner of CRP/CHI MARK IV OWNER, L.P., a Delaware limited partnership 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 CRP/CHI Mark IV Owner, L.P., a Delaware limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0?1 t.&-day of June, 2019. Fe4d?��� Notary Public in and for the State of Texas SARAH E PEARSON ?,SNotary Public, State of Texas Comm. Expires 10 29.2020 Notary 10 12915680-2 ROW Encroachment Agreement-Commercial Page 11 of 14 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 12 of 14 Revised 12/2018 Exhibit A N 0 300' 600' r a GRAPHIC SCALE-I"=300' PRIVATE WATER LINE a �` � N O O 12"WATER LINE �EXHIBIT1ER EP2 r — EP3 — CP2 T _a EP1 1 — L G�L r PRIVATE WATER LINE TER LINE _ J�—SEE WATER B��ILDI� CP1 EP1 EP4 EXHIBIT 204 00SE -•� PRIVATE WATER LINE 7 - — — — 1 24'EMERGENCY -- x EP5 ACCESS EASEMENT EP6 'Ii�U Offn EP7 IIIIIIIII u.� I U I� 111111111111111111111111i11ll1' g_ _ CP3- - — - SEE WATER I - r j I EXHIBIT 3 i CPrJ ,--15'WATER 12'WATERLINE I ' EASEMENT I 1 i 1 i CP4 f' SEE WATER _�— EXHIBIT 5 - WATER "--- I _ � EASEMENT — LEGEND: L ____ _ J � it 24'EMERGENCY EP12 v Y PROPOSED WATER ACCESS AND EPg __ WATER EASEMENT - a SEE WATER EXISTING WATER EXHIBIT4 EP1 = ENCROACHMENT POINT = ll I >: CP1 BUILC,I: EXISTING 20" CONTROL POINT — WATER LINE I NOTES: SEE METES&BOUNDS TABLE FOR ALL BEARINGS AND DISTANCES EXISTING 12" WFATER LINE I H11 'il I' l IIIIt���l LA V V I fK -_ L.'. '1 1 GREAT SOUTHWEST PARKWAY I MEN HALFF WATER KEY MAP MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORT N'ORTH.TF-S 76137-2720 FORT WORTH,TEXAS TEL(817)847-,422 DATE: 4/1/2019 L AVO: 34292 TBPE FIRM#F-312 Exhibit A I w PUBLIC WATER LINE A 0 00 O � r O v �-- — _ S72'41'39"E - - -83.14 PRIVATE SD LINE C CP7 PUBLIC SEWER LINE A N _ - — -- — — - — EP1 pi 0 — -12"WTR 12"WTR 12"WTR 12'WTR 4+00 - — - 3+00 - 24-00 — ss.a ss.11 ss 9 ss.s ss a Ss 15'WATER EASEMENT _ _ _ — — - _ STA.1+71.32 WATER LINE A INSTALL: -----!a- n 1-12"02"ANCHOR TEE J 15'SEWER EASEMENT 3-12"GATE VALVE N:6989801.05 24'EMERGENCY ACCESS EASEMENT E:2329793.55 RAILROAD R.O.W. — f r 625 EX.12'WTR tV 620 STA.2+22-61 WATER LINE A— 12"PVC 4§-000.21% 8"SEWER CROSSING12 D.I.11110.00" _ 12'PVC 100.00% FL-62024 615 Ilu 24" E ENCASEMENT STA.1+57.18 WATER LINE A —_ 30'STORM CROSSING FL=814.97 610 a < < <tu - LlrDt Z Z Z Z a U C K 0po W 605iZ t x In O �`!N iV' N 600 �= a �3 .4 3 a ice?-0 50 0 0 0 0 1 0 2 2 0 3400 LEGEND: ENCROACHMENT POINT dEP1 CP1 CONTROL POINT moll HALFF WATER EXHIBIT 1 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORT WORTH,TEXAS 76137-2T20 FORT WORTH,TEXAS TEL(817)847-,422 DATE: 4/1/2019 =AVO' 34292 TBPE FIRM#F-312 Exhibit A STA.8-09.85 WATER LINE A-- INSTALL: - 1-12'x6'ANCHOR TEE 1-12'GATE VALVE - -- _ 1-6"GATE VALVE - -- -- -_ _-- ---_ --_ - ��=-$_-�_ 1-HYDRANT ASSEMBLY --- _ 10 LF 6'WTR - - ___ N:6989806.56 - _- PRIVATE WATER LINE B E:232915602 S51'38'23 W S64.0171'W CP2 _ _ 50.61- _81.54 YrtR *"��_-1r - `----__ - - - � - - ':I saror33•E.t',,I,!:'r, 4121 RTR PRIVATE SEWER LINE A +c o I u--- ' EPI I PUBLIC WATER LINE A STA.8T1854 WATER LINEA t';A -�tOp - - — - WSTALL: EP3 1r WTR 12IWTR ANCHORTEE B1RIZ EP2 s .s -74D0 _ _ N:5989W8.05 --� ~- E:2329147A5 � - _ — __ PUBLIC SEWER LINE A STA.8F3827 WATER LINE A INSTALL - 2"DOMESTIC SERVICE PER CITY STANDARD DETAIL - �- I 2w1R I _ STA.7#25,72 WATERLINE A 70 LF 2'WTR INSTALL: N:609788.44 -STA.7a43.61 WATER LINE A i-12'e10"ANCHOR TEE E:2329148.16 ! I INSTALL: 1-10'GATE VALVE y I ! S30'04INEW 1-12•HORIZ.BEND(1125*) 30 LF 10'WTR FOR FIRE SERVICE STA 8+58.23 WATER LINE A - I F 144A DEFLECT 9'36W RT SEE MEP PLANS INSTALL I _ N:6989795.26 N:696B79544 2•IRRIGATION METER B- - E:232MI08 2329239.17 9 LF 2"WATER LINE �� \ 1-2"METER BOX REFERENCE IRRIGATION PLANS FOR - I ,I STA.745993 WATER LINE A LOCATION OF DOUBLE CHECK EP4 - INSTALL: VALVE ASSEMBLY _ 2"IRRIGATION METER N:6989770A8 32 LF 2'WATER LINE E:z3z9u6.3s PRIVATE SD LINE H I - N.6298979�Box . STA.8+72.19 WATER LINE A E:2329205 20- INSTALL' - Y DOMESTIC SERVICE 15'WATER EASEMENT PER CITY STANDARD DETAIL PUBLIC WATER LINE A —' 1-12'OAIE VALVE , 24'EMERGENCY ACCESS EASEMENT 79 LF 7 WTR N6989764.52 �. j E 2329146.52 PROP.GROUND 630 -- ST0.8-28.67 WATER LINE A - -- STA 7+30.72 WATER LINE A Ir SEWER CROSSING WSEWERCROSS►4G �FL-624AB STA.9+18.12 WATER LINE A 626 FL=62791 c Ir STORM CROSSING FL=626.18 _-- xi .74% 12•PVC 0O 12'PVC @ 102.44% W 620 STA.7M5.83 WATER L E A 12•PVC 0-0.08% _ - _ - J 24"STORM CR WG o = FL= 27 F < 1?'PVC @.0 615 610 -- < -3 z <- - m z a w < -a �aazu Lu P. 605 w < s �a��a --� o ~ Tu '3 - pv-a.. ~ 0 ui-i ` 1�1w � Q ��rcr yB l9b�y1G m` yy3alp -< ii-,] + jb ^ �F he `� - ~_ � ti '` ' �tr . worv�rv_.tv.< yF €,vio -u.'� /-ZIV PLLLLW Rb a>n 3�a b�C a_� 1iuLL �ib7d 6.6. G ~ 1rnQ 4' z � u��'zfv �u�JaC 600 6 5 0 6 6 7 7 8 8 9 9 LL 10 00 1 so LEGEND: ENCROACHMENT POINT dEP1 CP1 CONTROL POINT moll HALFF WATER EXHIBIT 2 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORT WORTH TEXAS 76137-2720 DATE: 4/1/2019 LAVO: 34292 FORT WORTH,TEXAS TEL(817)847-1422 TBPE FIRM#F-312 Exhibit A CEP6 1 � R I , 3 — I - 16'WATER EASEMENT -� PRIVATE WATER LINE B I \ PRIVATE WATERLINE C rrtq 1r,� I au1�1.,. --- a.IM,a1 aLM.z1--1 atM.z1 - 1100' 17+ 36+00 N43'30'58'W 385.25 I PUBLIC WATER LINE A \ I I STA.12+94.77 WATER LIN E A INSTALL: 111 EP7 280:23'51'W \ 1-12'HORIZ.BEND(45°1 — DEFLECT 45'O.0'LT N: 9150.91 E:232 2329 150.80 a1M.21 LM.T1 t _..o wmzl I au.1.z1 a1.Nz1- - - PRIVATE SD LINE I - — — — — - - — - STA.13+48-91 WATERLINE A INSTALL: - 1-IT HORIL BEND(45') — DEFLECT 45.0'S'LT - N:5989322.07 E:23291 26&64 50.90 N78'0 CP3 68.84 EX.GROUND 630 rfROr.GROUND STA.12-3, WATER UNEA -- _ - __— _ 18'STORM CROSSING 525 STA 10+52.72 WATER UNEA FL=625.11 1e STORMCROSSING q FL=6244] - -- - -- --- — - --- - -- - --- 0 it PV 60.00% STA.12+/8.9SWATERLINEA v<~i 42 STORM CROSSING 62G w FL=619.87 - - -Z 2 - - — — _ 1r PVC®0.00% < 1r PVC 0-100.20% rvc�n�o 1r we 99.79% 615 - 610ZJ — - mU mU ? — :� LEGEND: 605 33-_33 -o - --� �� 11UC .— ��� ��v d� � � c— ENCROACHMENT POINT �EP1 -r< -00< it-&I.N& -N�1^ t; v _ N < N� S - 600 viy?ww3 ��LLLLLLLL ?�a i? a ?�a �? a 4' CP1 10+50 11+00 11+50 12+00 12+50 13+00 13+50 14+00 14+50 CONTROL POINT HALFF WATER EXHIBIT 3 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORT WORTH—S 76137-2720 FORT WORTH,TEXAS TEL(817)847-1422 DATE: 4/1/2019 AVO: 34292 TBPE FIRM#F-312 Exhibit A I TER L STA-31-43.97 WA9IE A 1 } INSTALL HOR¢.SEND(22-5-) I Y DEFLECT 22'30'0'FIT N:6U69956.77 cc -E:2330564.14 STA.32.9T46 WATER LINE A Q INSTALL: _ T IRRIGATION METER a 33 LFr WATER LINE 1-T METER BOX REFERENCE IRRIGATION PLANS Y S27'54'ITW FOR LOCATION OF DOUBLE •MTN 228.T5/ CHECK VALVE ASSEMBLY rr, N:698UNA3 E:7330706A7 STA,32.81.18 WATER LINE A -� .� `\_ PUBLIC WATER LINE A INSTALL ANCHOR TEE G 1-12. ATE VALVE EPe STA-33-18 04 WATER LINE A 1-B'GATE VALVE I _ INSTALL: I 1•HYDRANT ASSEMBLY - 7 I-1T HORI2-BEND(45'1 16 LF 6'WTR I -� OFIECT�5.W RT N-89888i1.So \ NEFLEC I'1*3 I E:233M1720 ` E.2330725,58 PRIVATE SD LAT B-1 626 - - --PROP.GROUND -_-- -- -- - -- - FILL TO BE PLACED AND COMPACTED TO 95%STD. - - 620 "PROCTOR DENSITY \ IT PVC @ O.B7% - - - - - - 0 - 1�s � 616 y STA.32+63.31 WATER ONE A Z �, 30'STORM CROSSING EX-GROUND ITPVC®27.0 610 - - -- IT PVC®-19.96%_ IT PVC -0.00% IEx.it wr 605 w W W < - _ ��LBBB fir, o Z 6O0 C U Q N < y� C RW Q 0 W W N_ 3 v � J�z< sci�WSS> i w m w �6 3 m 3 zF8 _x oz 8 -Jvy�� � _ _ - - J l�-�- -•III N-➢-<� - _F �.N� F"'I ri: J�t-I lu OYN-N +J W�_�/=_N 1Pn <y Z$�- W���jjj 595 S y� ze �D riLL �? 30 00 30 50 31 00 31 50 32 00 32 50 33 33 50 34 DO 34 50 LEGEND: ENCROACHMENT POINT dEP1 CP1 CONTROL POINT HALFF WATER EXHIBIT 4 MARK IV COMMERCE PARK 4000 FOSSIL CREEK B-D FORT WORTH TEXAS 76137-2720 FORT WORTH,TEXAS TEL(817)847-'1122 DATE: 4/1/2019 AVO: 34292 TBPE FIRM#F-312 Exhibit A -- r r — 71/r I '. s>Azs•3rf7 4A.+0 PRIVATE STORM LINE E I S.A A.LLll µvrpytK4 I i �.�rwtL vxK� II PRIVATE STORM LINE D ri�o�i��m.av EP12 PUBLIC WATER LINE A - STA.5r06.97 STORM LNE E 6'WATER CROSSING n.6nao 100-rR tm 620 _ 615 6f0 805 600 595 - 3 590 LEGEND: z a 585 - --- — - �EP1 - - ENCROACHMENT POINT -AV- - CP1 5eo 4.00 4-50 5r00 5+50 8+00 6. CONTROL POINT HALFF WATER EXHIBIT 5 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVO FORT WORTH,TEXAS 76137-2no FORT WORTH,TEXAS TEL(9,7)84�-,422 DATE: 4/1/2019 LAVO: 34292 TBPE FIRM#F-312 Exhibit A N a a PRIVATE SS LINE o SEE SEWER 0 300' 600' w EXHIBIT 1 GRAPHIC SCALE-1"=300' 8" SS LINE —" PRIVATE SS LINE _ - _ - CP2 , . - cP1 — LEGEND: EP10 _ L — — PROPOSED SS EP13 EP9 EP14 ""`" EXISTING SS 11 SEE SEWER 15'SANITARY EXHIBIT 2 SEWER EASEMENT EP1 ENCROACHMENT POINT 0 lll�� CONTROL POINT NOTES: = SEE METES&BOUNDS TABLE FOR ALL BEARINGS AND DISTANCES a , Y BUILDING 1 EXISTING 10" SS 580,000 SF LINE PRIVATE SS TLINEI - PRIVATE SS LINE EXISTING 8" SS LINE s — > �i - - I-Y, ,5,. - 8.. . - E)(s-ss - GREAT SOUTHWEST PARKWAY 8"SS LINE 10"SS LINE m SEWER KEY MAP mom HALFF MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORT WORTH,TEXAS 76137-2720 FORT WORTH,TEXAS TEL 1817)847-1422 DATE: 4/1/2019 AVO: 34292 TBPE FIRM#F.312 Exhibit A of } 0 N STA.0+27.45 SS LINE A CONNECT TO EX.SSKIH a FL.6"(IN)=619.50 RIM ELEV.=827.6 T o o (n O f rA O b CP1 PUBLIC WATER LINE A PUBLIC 8"SEWER LINE A _ - s47.5941'E —I 37.73 PRIVATE SD LINE C vrtR - 1s .Tu --rz ra - — ir,rr; EP9 - - e _ J - - ss.a�— sc.a--F ss ssto ss.s I ss.s - 3+00 2+00 15'WATER EASEMENT co 115'SEWER EASEMENT PRIVATE SEWER LATA-2 24'EMERGENCY ACCESS,WATER,8 DRAINAGE EASEMENT STA.1+47.79 SS LINE A-- STA.0+00.00$S LAT A•1= STA.0+00.00 SS LAT A-2 5'DIA.SSMH WARREN ENVIRONMENTAL S301-14 EPDXY CORROSION PROTECTION OR APPROVED EQUAL BEGIN PRIVATE LATERALS INSTALLFP-Y OTHER THAN PEN CUT-- --- - - - -- -- 635 ILROAD R.O.W. -- -- EX.GROUND - - - 630 - RIM=626.35 -- 625 II - ---20'STEEIENCASEMENT - - I - --- - 620 - I 3 STA-1+23.W SS LINE A -- -- - - - 30'STORM CROSSING- _ 615 _FL=615.33 _ — � obw a , Of�z - W F I -- LEGEND: 610 zz JN J W �0z �EP1 vN� G W V W V u1 S�aO >-M t�l ip 8°iM _. �..0 g.g � �m e 9 y=WF Itp�y�� _ ENCROACHMENT POINT o�zii n o 2� + H� o�ytra Z"'n - 605 O�mJ r W a z� rma�d�� Ws`°`°J0 Z. N LL =�a� LLLLce I CONTROL POINT 41/ -0+50 0+00 0+50 1+00 1+50 2+00 2+50 solo HALFF SEWER EXHIBIT 1 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORTWORTH,TEXAS 76137-2720 FORT WORTH,TEXAS TEL(817)847-1422 DATE: 4/1/2019 L AVO: 34292 TBPE FIRPA#F-312 Exhibit A N STA 7+40.41 SS LINE A INSTALL: - __ S52'06'36"W CP2 S77`03'42'E - _ - END PUBLIC LINE - 64.62 60•80 - BEGIN PRIVATE LINE - - ----- _ - - S22`1879E 52.43 -- PRIVATE SD LINE C PUBLIC WATER LINE A — — PRIVATE WATERLINE BF-1- �71R PUBLIC 8"SEWER LINE A PRIVATE SEWER LINE A a :nu ss�� 7+00 .-_ EP13 EP14 6+00 5+00 PRIVATE SD LINE H EPIC STA.5+47.79 SS LINE A _7 STA.6+20.26 SS LINE A= 4'DIA SSMH STA.0+00.00 SS LAT A-3 WARREN ENVIRONMENTAL STA 6+69-91 SS LINE A INSTALL: S-301-14 EPDXY CORROSION INSTALL: 4'DIA SSMH PROTECTION OR APPROVED 15'WATER EASEMENT I_ _E \I 4'DW SSMH WARREN ENVIRONMENTAL EQUAL ■ WARREN ENVIRONMENTAL S-301-14 EPDXY CORROSION FL 8-(IN)-622,24 S-301-14 EPDXY CORROSION PROTECTION OR APPROVED FL 8-(OUT)=622.24 -I PROTECTION OR APPROVED EQUAL RIM ELEV.=628.3 EQUAL BEGIN PRIVATE LATERAL I i - - - - --630 RIM=628.96 RIM=628.35 RIM=628.39 - - - STA.6+55.91 SS LINE A-- — —- —--- STA.6+50.91 SS LINE A B'SEWER CROSSING 10'WATER CROSSING - - FL-627.02 - -- FL=626.41 _ --- -- _ — 625 8'P I @ .43Yo — 8. of - 620 STA.7+2259 SS LINE A 24"STORM CROSSING FL=620.32 — - - 615 0 —W — �� - W .- ! ----W. UJW W W 690 Z 5 O J 0 -1 J O �' !m ���-0-- TA TA— f Z50 =Z a_O - N -N O = Q �11�ny tO of ]:W II < O I` 7wwh- ro FA G m H a''6 Nc� rn r: u4i NN _ 'U)Z N8' 0) tO JlA Z'* 10 tD C05 mw� �fd so .+ +�mw a��co�- +ah_w� � a1n— -Ln I n mod H ? u n u 10 dIr dW n11 <., Zu ; A ' D �i � lu- 07C')�ao7vco -aypQii � mm E - -Z.11FH IYOW- JJ 1'Z o-JJ F WJ J'ha a' LL rnt0?a� aWmO_'LLLLLL V!-a31/' WE'ILLL to mLL � u 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 LEGEND: �EP1 ENCROACHMENT POINT CP1 CONTROL POINT moll HALFF SEWER EXHIBIT 2 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FORT WORTH,TEXAS 76137.2720 DATE: 4/1/2019 AVO: 34292 FORT WORTH,TEXAS TEL(817)847-1422 THPE FIRM kF-312 Exhibit A 1.1ATCH lkiE STA 10�G0o cn — I I FAQ I ggbi Z r I m D v zl.��sT IIIEA 11I co Tim I Apo II i I I I I I I i I I I I I i I i I i li I I I I � I I II I i I I I uit—U4 I G SIN .g am STORM DRAIN"A"PROFILE(SHEET 2 OF 2) HALFF MARK IV COMMERCE PARK iae�Frnrta.TF'euss ra�T DATE: 4/1/2019 AVO: 34292 FORT WORTH,TEXAS EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 13 of 14 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property ROW Encroachment Agreement-Commercial Page 14 of 14 Revised 12/2018 Exhibit C Mark IV Commerce Park Metes and Bounds Control Point From Control Point to Encroachment Control Encroachment Point Point Point Description Northing& Easting Bearing Distance (ft) 1" Bolt Property N: 6989839.92 EP1 CP1 Corner E: 2329714.08 S72041'39"E 83.14 1/2" FIR w/"Brittain & N: 6989833.95 EP2 CP2 Crawford" Cap E: 2329219.37 S51°38'23"W 50.61 1/2" FIR w/"Brittain & N: 6989833.95 EP3 CP2 Crawford" Cap E: 2329219.37 S64°01'21"W 81.54 1/2" FIR w/"Brittain & N: 6989833.95 EP4 CP2 Crawford" Cap E: 2329219.37 S30004'00"W 144.49 N: 6989294.63 EP5 CP3 1/2"SIR w/Halff Cap E: 2329413.54 N43030'58"W 385.25 N: 6989294.63 EP6 CP3 1/2" SIR w/Halff Cap E: 2329413.54 N70003'51"W 280.12 N: 6989294.63 EP7 CP3 1/2"SIR w/Halff Cap E: 2329413.54 N78°09'29"W 268.64 N: 6989022.00 EP8 CP4 1/2" FIR E: 2330780.83 S27054'12"W 226.75 1" Bolt Property N: 6989839.92 EP9 CP1 Corner E: 2329714.08 S47059'41"E 37.73 1/2" FIR w/"Brittain & N: 6989833.95 EP10 CP2 Crawford" Cap E: 2329219.37 S52°06'36"W 64.62 1/2" FIR w/"Brittain & N: 6989833.95 EP11 CP2 Crawford" Cap E: 2329219.37 S21002'33"E 41.21 N: 6989267.84 EP12 CP5 1/2" FIR w/Halff Cap E: 2330318.48 S38°25'33"W 490.4 1/2" FIR w/"Brittain & N: 6989833.95 EP13 CP2 Crawford" Cap E: 2329219.37 S17003'42"E 50.8 1/2" FIR w/"Brittain & N: 6989833.95 EP14 CP2 Crawford" Cap E: 2329219.37 S22018'29"E 52.43 N♦3H. MARY LOUISE NICHOLSON _ r COUNTY CLERK t 100 West Weatherford Fort Worth, TX 76196-0401 • ,= • ``'• PHONE (817)884-1195 CITY OF FORT WORTH 200 TEXAS ST FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH CFA OFFICE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 8/9/2019 2:55 PM Instrument#: D219177605 A 26 PGS $112,00 By. D219177605 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED PEAL PROPERTY BECAUSE OF COLOR,OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 10 Rev 04/2020