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HomeMy WebLinkAboutContract 58690Date Received: 1/6/2023 Time Received: 1:03 p.m. Record Number: PN22-00144 City Secretary No.: 58690 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Director of the Development Services Department, and Molson Coors USA, LLC a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized Director North American Real Estate and Facilities. RECITALS WHEREAS, Licensee is the owner of the real property located at 6920 Will Rogers Boulevard, Fort Worth, Texas 76140 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns or has an interest in a public utility easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit `B," which is incorporated herein for all purposes, and as recorded in the plat records of Tarrant County as plat number FS-22-170; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; 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 Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 14 PN22-00144 CITY SECRETARY Revised 11/2020 FT. WORTH, TX installing, and maintaining a pallet conveyor bridge (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 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 and the use and occupancy of the Public Property. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "D." Licensee agrees that it shall secure the approval and consent of all other 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 of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall 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 Property to a Tier II Easement Encroachment Agreement Page 2 of 14 PN22-00144 Revised 11/2020 condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all 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 Encroachment and use of Public Property as 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 Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property 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 Property 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 Property 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 both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 14 PN22-00144 Revised 11/2020 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 HIND 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, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED 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. 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 "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's 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 "E" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 14 PN22-00144 Revised 11/2020 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 the county in which the Encroachment is located. 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 use of the Public Property. 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 Property and is not a conveyance of any right, title, or interest in or to the Public Property, 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. 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. Tier II Easement Encroachment Agreement Page 5 of 14 PN22-00144 Revised 11/2020 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 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 14 PN22-00144 Revised 11/2020 City: CITY OF FORT WORTH Licensee: Molson Coors USA, LLC a Delaware limited liability company ByV-1 Harrell (Jan 6, 202311:16 CST) By D.J. Harrell, Director of the Name: Brian phill Development Services Department Date: ATTEST Jan 6, 2023 .721fl 49,f C700daLl Jannette S. Goodall (Jan 6, 202313:03 CST) Jannette Goodall, City Secretary Date: Jan 6, 2023 d 'Uz 4 c� ' F *IFORrOtoa0vo=o Oaa� nEXA`ao�p Ticr St Easement Encroachment Agreement PN22-00144 Title: Director North American heal Estate and Facilities Date: i ` Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Jan 6, 2023 Contract Compliance Manager: By signing I acknowledge that I atn the person responsible for the monitoring and administration of this contract, including ensuring all perfonnance and reporting requirements. 19MA�a 1piaqe Owe# Rebecca Diane Owen (Jan 6, 202311:13 CST) Daft: Rebecca Ovens Development Services Jan 6, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 14 Revised 1 IJ2020 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 D.J. Harrell, 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 6th day of January , 20 23 . Wendy L. Digitally signed by Wendy L. Beardslee B e a rd s l e e Date: 2023.01.06 11:27:04-06'00' Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 o�pRYp(WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS Notary I.D. 13323719-3 9 OF My Comm. Exp. July 28, 2025 J. Tier II Easement Encroachment Agreement PN22-00144 Page 8 of 14 Revised 11/2020 f STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of N.4o 'ddii) , on this day personally appeared Brian Hemphill, Director North American Real Estate and Facilities (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Molson Coors USA, LLC, an Illinois limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �f �� day of kfLf4ffI 20 1r. Notary Public in and for the { SHi LEOTP M ANTHONY NOTARY PUBLIC State of t STATE OF COLORADO NOTARY IO 19974015556 MY COMMISSION EXPIRES AUGUST 28, 2025 Ticr I1 Easement Encroachment Agreement Page 9 of 14 PN22-40144 Revised 11/2020 EXHIBIT A Description of the Licensee's Property Parcel 1 An 88.48-acre tract of land being the same property described in a Deed recorded under Document No. D204182039 of the Tarrant County Deed Records as Lot 2-R Block 1-R and Lot 1 Block 3-R-1 of Carter Industrial Park recorded in Volume 388-134, Page 79 of the Tarrant County Plat Records Parcel 2 A 62.00-acre tract of land being the same property described in a Deed recorded under Document No. D204182039 of the Tarrant County Deed Records, as a portion of Lot 2 Block 2 Carter Industrial Park recorded in Cabinet A Slide 1835 of the Tarrant County Plat Records and a portion of the north 1800 feet of Block 4 Carter Industrial Park recorded in Volume 388-31, Page 52 of the Tarrant County Plat Records Parcel 3 A 1.07-acre tract of land being the same property described 1.071 acre tract in a Deed recorded under Document No. D204182039 of the Tarrant County Deed Records, being a portion of Block 2 Carter Industrial Park recorded in Volume 388-31, Page 52 of the Tarrant County Deed Plat Records Tier II Easement Encroachment Agreement Page 10 of 14 PN22-00144 Revised 11/2020 LJ_L_L FM A41, II y© w - s M om <- m ��a o, r SAN 15' SAN 3 z [ O m {a [ O m a- �,s� � a N vs. � Z =� Q 1! �m �8 w nr A s---unury Ei-Ex— o o MISS W Po PAtlFlC RNLSOAO COMPANr S POWEF IITNTr EASEMENT H.1iiiiiiiiiiiiiiiii HIM za weucunun EnsEnIENT I -� RtlG 4PIPELINE EASEMENT G ________ _____________________________________ �I FP FP I I 444444 wmw a.�re I �I I I I � I I I I �I I I I I I TLo I I tl I I I I I I jl I I I I I I I I I IIppI I SI I �I w � =m aA ° w� ITE DEVELOPMENT PLAN PAL .. , • • • _ BRIDGE • _ _ Illllllllllllllllllllllllllllllllll��o EXHIBIT B Legal Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 14 PN22-00144 Revised 11/2020 gM . 9 ell t , NISSOURI PACIFIC RAILROAD CONPANY ' N00753, W 7798.28' _ n ooroe n lga n ° I it \.�i ___ a � '' • I i sa_nwcoi_vc`dns ;I p ---- - moo-s oalos 50073'44'E 593 22' Y RM bad I ohm r %UO �Av ��ti II II ° Y Y 'yOClb� bad �11ti Ili I Y��i,% i I! yA� aAa�°s • I � — f 5003 3'E 7199.33' WILL RODE 910- VARD i 4':ga b g� t €?; A _vgi IM ao a m m m S 2R$ o zg o � W W W � J » o o Z. << N r _ 1C A AC? ii�� ° A > s -"=<m�=���� ;, r BCD n # � _€m0Z aKKom?'Oar Am>sWA�� ro aNN �o ; o y RL T7 o:�.� Ta�ooy 'PIS '�i g40 ITTV moo mc�9� 3 f° x 1.1 c u -Piero+z ti I y � III as R _ `'sg`aFaa�ags'�So`RR�- s��s�o3�gag m�o��e�s oa€ mm�go m f � ^FR H>_ xR 6" ;R 3 9 3.3` a ar oay�i 81 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 14 PN22-00144 Revised 11/2020 SOUTH FREEWAY 0 N00'Ol'30"W 1513.39' NOD'16WW 629.13' _ __ _—_ --_-- _-_ — —_---_ _--_ _ _ 1191RIA11111111 _ _ _______________ ___________________ O I II III I O I 1 I I 111111111 1 3 N O jll I zoo ;e m 0 I if °2o rll O B nw ��� j m I p Jz Iw II F N I z WllW ism C) yy NURU L1 5 ➢ I I Ili �J1111 1111 111 111 EM jli" ( IIII I "9 m 30 10 p90 IIIIIIIIIIIIIIIIIIIIIIA `� jiO moo w _ _ SOD°09'30'E 2342,55' �14 _ - _ - NOO.25'36'W t]0626' ff+++I++i+...,._.. _._._. _._._. _. - - m MISSOURI PACIFIC RAILROAD COMPANY. - ------ ------- ---------------- - _- -ter ------------- ------- -- - - - ------- - ---- � II I 11 I N � � 3 ° �z1� J� '£•� � i i � 0 II " 3 59 II 5 I Y O RR II m 0 SDO'2344'E 593.4T .uF '•�' N N II� II �N o " bom m � o o xi " � • r� Po 18 pp 9 I I I L-- wAo� 3q 1i! 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WORTH, TX 11111111111111111111111111111111111�® sa ulna va" p z< �" >� o�"oAo�E -��� m -�s P H g � � �. s '= ox Ao °� �zo�A� o�op � `g; co �� ag � e� g ��� oomAm='g ma m Ao o==o = sm gypm m=" - p�mm �go =s a�la A� �� p _ o�� m< o o»� A >� SNP ` �� mm o� m_ roz Aim m�go= D oy :a =fig A. __m 3 A: aEscA�A "so= IF o dog _ m �$o Z p p ` 6 o RON =�mnn g, m �, o �p g R 1 3 >� o P� �� o CAH U Q n 3 0� s� 9; ➢�=s � 1o�o ofg m�o�s �€ =g� mew cogyza =� � m og� m$=a= o o�v➢ 08 „zN s rh o y 8 Z z T.- g o �;=o �Ao �g ��=m mg Vim= _��= a eo=� � ova o o �s � �s�gw ono NNIgmA�F=�� €" yo m a y ym y�o �Aa s�o o Nm;na _s�oPs` oo aQ Aw= g m�:09 gov€ m� o o ao a H OVERALL SITE PLAN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��� PALLET TRANSFER BRIDGE • • MOLSON • .,,... FTOWORTH, TX 1111111111111111111111111111111111��® O z r 0 z Ica M a U r r z z r z r 0 z CA z cl x m U) z O r 0 6E� A N Z C) NJ PALLET TRANSFER BRIDGE PLAN AND SECTIONS PALLET TRANSFER BRIDGE "EKSON MOLS N COORS 7001 SOUTH FWY, K;D FT. WORTH, TX O MATCH LINE B MATC1 LINDA A as r 0 z X 0 0 M 91 x r W P- z XM r 0 n r z A x MATCH LINED M 00000 ova MATCH LINER A r z L%'NI @ - T 'E . = aoma — U A 1 a$v2-22,2, m z IN z Roo I 9 G11 m IN Him- H Z 0 r N M z 3. IMM� 3 A PALLET TRANSFER BRIDGE ROOF PLAN I Z E g TRANSFER BRIDGE PALLET 0 N1Xs MOLS N COORS 7001 SOUTH FWY, K;D FT. WORTH, TX �§ z �a M z •",! fj 1 - - - | ; §§ )) ` • •m ® R \ .. § 2 , z ` - -- ■ § + \ q• o § - :-- -- -- - g2) B z HHH !.M' » © !! | !z z I � .ME 516��■■■ � � MISCELLANEOUS PLANS, SECTIONS, DETAILS PALLET TRANSFER BRIDGE ' SOUTH:c ~01 ■■■■■■■■|■■■■|■■|■■■■■■■|■■|■■■■■■■|| ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■�■ EXHIBIT D Franchise Consent Letters Tier II Easement Encroachment Agreement Page 13 of 14 PN22-00144 Revised 11/2020 . AT&T AT&T Right -of -Way 13845 FAA Blvd. Fort Worth, TX 76155 July 19, 2022 Hixson 659 Van Meter Street Cincinnati, OH 45202-1568 Re: Consent to Build Pallet Transfer Bridge 7001 S. Fwy, Fort Worth, Texas Lot 1, Block 3111— Carter Industrial Park Addition—D218090392 — Tarrant County To Whom it May Concern, This letter is to serve as an official confirmation that Southwestern Bell Telephone Company, d/b/a AT&T Texas, consents to the request to construct a pallet transfer bridge over an existing utility easement, and that the bridge will extend from the existing Molson Coors Brewery, located at 7001 S. Fwy, Fort Worth, TX 76134, to a proposed warehouse, located at 6920 Will Rogers Blvd, Fort Worth, TX 76140. It is not the intent of this letter to waive any rights granted to AT&T in said platted Utility Easement. AT&T shall continue to have unrestricted access to, on and across the easement/right-of-way for installation, repairs, replacement, or upgrades to facilities. Please let me know if you have any questions. Sincerely, Ray A. Garcia AT&T — Manager OSP Planning & Engineering Design I Right -of -Way Office: 817-550-7576 ray.ea rcia ca att.com =TMOS energy September 7, 2022, 2022 Monika Elliott Project Management Coordinator Re: Molson Coors Transfer Bridge Fort Worth, Texas Dear: Ms.Elliott, Upon your request, I have reviewed your request for the above referenced site and found no Atmos Facilities within this area. Therefore, Atmos Energy is ok with this request. However, Atmos Energy Corporation does not warrant the accuracy of these locations. Verification of gas main locations can be obtained through 1-800-DIG-TESS. If you have questions, please contact me at (817) 988-8079. Sincerely, Bob Davison Project Manager Atmos Energy Corporation Address, City, State ZIP P 000-000-0000 F 000-000-0000 atmosenergy.com Spectrum► 7/14/2022 Monika Elliott 659 Van Meter St Cincinnati, OH 45202-1568 SUBJECT: Utility Coordination of Molson Coors Pallet Transfer Bridge We have reviewed your request for the above referenced project, and Spectrum Communications hereby states there are no objections with the proposed construction within the limits near Will Rodgers Blvd, East of Moslon Coors, Fort Worth, TX. Spectrum Communications retains the right of access to any remaining partial or full utility easements on the property for the purpose of future construction or maintenance of existing facilities. If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked & located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to west-engineering-relo@Spectrum.com. Please share this information with whoever needs these services. Sincerely, Marla Collier Business Development Specialist Spectrum Communications Omar Almefleh New Construction Manager NCM WEST To whom it may concern: Oncor Electric Delivery Company LLC ("Oncor") received a request from Coors {Molson Coors Beverage Company} ("Customer") to review preliminary plans for an encroachment of a bridge ("Proposed Encroachment") at Will Rogers Fort Worth, TX , and Customer requested Oncor provide its preliminary approval of the Proposed Encroachment. Oncor reviewed the Proposed Encroachment and can offer its preliminary approval contingent upon Customer paying for the relocation and burial of overhead facilities in place at the location in order to maintain clearances from Oncor's facilities and the Proposed Encroachment. The relocation of Oncor's facilities is required to preserve the safety and reliability of Oncor's facilities. Based on the preliminary scope of work submitted for the Proposed Encroachment, the Customer's project will require, but may not be limited to, the relocation/replacement of approximately 5 poles and burial of 4 feeders for approx. 300 feet, and the estimate for the project may exceed $613,646. Once Customer provides a final design for the Proposed Encroachment, Oncor can create an actual design for the project and provide more specific pricing. The final scope and price will be finalized after a design can be performed by Oncor. Customer will be responsible for all the costs of this project and payment must be received before construction can begin. Notice: This is not an agreement for the relocation request, easement encroachment, or final cost for this project. This letter is intended to serve notice that Oncor will review and provide final costs for the overall scope. Oncor will also provide official easement encroachment documents after all surveying and design work has been completed. If you have any further questions please contact: Omar Almefleh. Thank you, Omar Almefleh Oncor Electric Delivery 200 N. Ector Drive Euless, TX 76039 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 1.888.875.6279.1 Oncor.com EXHIBIT E Certificate of Insurance Tier II Easement Encroachment Agreement Page 14 of 14 PN22-00144 Revised 11/2020