HomeMy WebLinkAboutContract 61754Date Received: July 25, 2024 Record Number: PN24-00125 ---------
Time Receiv ed: __ 9_:3_o_a_.m_. ___ _City Secretary No.: 61754
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIERII
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 Paul D. Brown and Schniqua J.
Brown, acting by and through its duly authorized property owners.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 717 Fox Hunt
Trail, Fort Worth, Texas 76179 ("Property"), as being more particularly described as,
Lot 27, Block 17, Remington Point Addition, Phase II, as recorded in Deed Records as
by Instrument Number D213151240, in Tarrant County, Texas, and;
WHEREAS, the City owns or has an interest in a public utility easement (the
"Public Property") adjacent to the Property, and as recorded in the plat records of
Tarrant County as plat number FP-99-106; 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 "A," but only to the extent shown thereon, for the purpose of constructing,
Tier II Easement Encroachment Agreement Page 1 of 13
installing, and maintaining a shed (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 "A."
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 `B." 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.
Tier II Easement Encroachment Agreement Page 2 of 13
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
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 Nine Hundred Dollars ($900.00).
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
Tier II Easement Encroachment Agreement Page 3 of 13
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.
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, 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
homeowner insurance policy for the property 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
$300,000.00
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 "B" 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
Tier II Easement Encroachment Agreement Page 4 of 13
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.
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.
Tier II Easement Encroachment Agreement Page 5 of 13
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
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 13
City: Licensee: CITY OF FORT WORTH Property Owners D.J. Harrell, Director of theDevelopment Services Department Name: Paul D. Brown Title: Property Owner Date: 7 / I)_/ 2. 0 2,,t/ Date: Jul 24, 2024 ATTEST: Jannette Goodall, City Secretary Date: Jul 25, 2024
� 4,
By�.b Title: Property Owner Date: 7 /12/ �Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Jul23,2024 ------------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. 'Rebecca JJia11e Owen Rebecca Diane Owen (Jul 23, 202414:12 CDT) Rebecca Owen Development Services Manager Date: Jul23,2024 --------------
Tier II Easement Encroachment Agreement Page 7 of 13
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 appeazed Janie Morales, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed ihe 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 this2�day of
J u ly . 2024.
��v�y ��v�-
Wendy Bear�slee (Ju124, 202416:41 CDTJ
Notary Public in and for the State of Texas
After recording retum to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
i
Tier II Easement Encroachment Agreement
Page 8 of 11
Revised 12J2022
�
��--
s��,�� �� �r�xA� §
COUNTY OF TARitANT §
BEF�RE ME, the u�zdersigned authoz�ty, a Notaxy Put�lic i� and for the State oi
Texas, an thi� day personally appeaxed Pau1 D. -Brown, 1�n.own to me ta be the person
whose name is subscribed to Yhe foregoing instrument, and acknowledged to me that he
or she executed tl�e same for �he purposes and consideraiian tY�erein expressed, as the act,
and in the capacity therein stated.
GIVEN �[INDER MY HAND AND SEAL OF �FFICE this i��� day of
I , 24_ L �_r_.
�`
Nota Pu�lic in and %r the
State of Texas
,�►RY PUd fiYAN $U{HANAN
x° ' Natary ii3 #126337784
�,, � My Commission Expires
''eo�� April 30, Z025
Tiez II Easement Encroachrnent Agxeement Page 9 of 13
� .� .c�.'�`� G � TEXA� §
COUNTY OF TARl2ANT §
BEFORE ME, tl�e undersigned authority, a No�ary Public in and for the State of
Texas, on this day personally appeared Sch�niqua J. Brown, knowra ta zne to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to rne that he
or she executed �e sarne for the purposes and cansideration therein expressed, as the act,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL ��' O��'ICE this i�� day of
^ J U�.` U� , 20 Z�-I .
�
Nata�y blic in and for the
State of Texas
���Y �r,e R'(Ahi BULHAMA�1
s° / �r Nutary iD #126337784
lwly Commissian Expires
�"� �� ��� April 30, 2025
Tier II Easement Encroaciuneat Agreement Page I O of I3
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 13
6/13/24, 1:50 PM
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717 Fox Hunt Trail - Google Maps
https://www.google.com/maps/place/717+Fox+Hunt+Trail,+Fort+Worth,+TX+76179/@32.8431557,-97.372923,60m/data=!3m 1! 1 e3!4m6!3m5! 1 sOx864... 2/2
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
�; at&t
�
July 8, 2024
Tarrant County
Remington Point Phase II, Block 17, Lot 27
717 Fox Hunt Trail, Fort Warth, Texas
7.5-ft Utility Easement Encroachment Request
AT&T Texas- ROW
117 W Columbia St
Weatherford, TX 76086
In response to the request for the encroachment on a portion of the 7.5-ft utility easement
running east and west on the south side of the property, Southwestern Be11 Telephone Company,
d/b/a AT&T Texas, has no objections to the requested encroachment for a shed in the highlighted
area on the attached sketch.
Easement found in Tarrant County Clerk Files recorded in Cabinet A, Slide 6957.
It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of-
way except to permit this encroachment. 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.
There are currently underground facilities within the area. Exercise extreme caution with respect
to such facilities. Contact Texas811 for underground locates before any digging is done.
Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions.
Sincerely,
�� �e��
Melissa McElyea
AT&T - Manager Eng - ROW
817-718-4055
�.�{ft
I I I I s
�� . � � ..� � � . �
5hed size
3ft 8#tx8.4ft
Hight:6.2ft ��ft x 1C��t
Concre�e
� � � � pad
Fen�e
Pati❑
. � .►I
-... . Gate
-
��TMOS
energy
July 8, 2024
Paul Brown
717 Fox Hunt Trail
Fort Worth, Texas 76179
Re: Encroachment into Utility Easement-717 Fox Hunt Trail
Paul Brown
Upon your request I have reviewed the location of the gas facilities near
your project site. Atmos does not object to the encroachment located at the
property listed above. Verification of the gas line can be obtained through
811 Call Before You Dig. Any damages to Atmos facilities due to such
encroachment will be billed to the party causing the damage.
If you have any questions, please contact me at 214-549-7144.
Sincerely,
Bobby Oney
Project Manager
Atmos Energy Corporation
100 West Momingside
Fort Worth, Texas 76110
`� �
Cus#omerlProperry U�nrner:
Street Address:
i:.E�]! I �iaiB 1 L]p:
Re: 2024-30'E7 Encroachment
�;�. raur �. �s�owr�:
Paul D. Brovan and Schniqua J. Brouvn
7'f 7 Fox Hunt Trail
t'C'�ii �i4vi ci �, i cnuu i v i � w
I have received your request to const�uct a Shed at Lot 27, BEock 17, Rer�ington Point Addi#ion,
AddiFion �hase ii io if�e ciYy or" Fori vvorin, i arrant �ounty 1 exas, Hccora�ng ro rfat Kecorqea �n
Cabinet A Slide 6957. A portio� af the praposec! ShecE will encroach nn a 7_5 utility eas�ment
located on fhe south side of #he property. User may locate the Encroaching Facility in the
easeme�# area, but oniy as dascribed and s�own an ihe a�#ached drawing marked ExhibiY °'A"
and ineorparated herein at no tirne should any elEctrical source bax (transformer, ha�d-hole or
pedestal) be fenced i� or encroached upon.
�ncor has Tacilities laca#ed within t�te above-mentioned property. It is not the inien� af this leiter
to waive any rights granfed to Oncor in said right-o# way except ta permit this encroachment set
out hereinaba�e. Also, this letter is r�ot intended ta release �he builder of this encrQachrrtent, or
the presen# owner, or future owr�ers of the properry fram any liability arising out of tf►e location of
this encroachrneni.
Oncor shaEl co�tinUe Yo ha�e unresiric�ed access to, an and acrnss fhe ri�ht of w�y. it is
uncferstood by owner, that wher� tYte electrical faciiities irs the area need repair�d, repiaceci or
upgraded, ii will be owner's responsibility ta remove any obstruc#ion that in#er�eres with �ncor's
ability to perfor[n the necessary work. Oncor maintains the right ta utilize the ent�re right of way
for iis needs, and wi11 noi be responsible for any damages.
Owner acknowEedges and understands �hat Oncor maintains overhead andlor undergrounci
elec#rical facilities within the right o� way. State law requires cantacting I]ig Tess by calling 811
for underground equi�ment to be located a# least twa (2) days before you cfig. Dig Tess tEaes not
rr�a�-k a precise location but is usualfy within four (4) feet of the actual location. Owner agrees �o
exercise extreme caution with respect tn 5uch electrical facilities.
Please sign below confirming that you understand and agree to the requirements and return a
signed copy l�ack #o rne far my tecords_
if you have any questions or need additionaf inforrnatior�, please contact the Oncor office at
(817)235.5301.
S�ncerei;�,
A�ly Betanc�r
Righi of Way AnaEyst.
�
����. � . C�P L� � ���
Pauf Q. Brown Sc �qua J. Brown ( ate}
� ��
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�I�E�
� FT
H���
EXHJSIT A(Roug� dra�in� of the project site provided by cu�tomer)
S e�frum►
�
7/09/2024
Paul D. Brown
717 Fox Hunt Trail
Fort Worth, TX 76179
SUBJECT: Pldt Review — 717 Fox Hunt Trail Fort Worth, TX 76179
Regarding the property located at 717 Fox Hunt Trail Fort Worth TX, 76179 (32.843075, -
97.372724) Spectrum approves the 7.5' encroachment for shed construction per the drawings
provided by the Homeowner. Verification of the Spectrum line can be obtained through 811 Call
Before You Dig. Any damage caused to Spectrum facilities due to such encroachment will be
billed to the party causing the damage.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices of relocation to DL-NTX-External-
Requests(a�charter.com. Please share this information with whoever needs these services.
Sincerely,
.>�� - ��..�
�?�f� ►
Tray FEapson � Blisiness Qevelopment Special�st �{p) 817-29&3554 Cell fi$2-939-2985
8545 AiEport Freeway #td8 � Narth I�ichland Nills ��'X 76180
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Progressive Home, by Homesite
Issued by HOMESITE INSURANCE COMPANY
P.O. Box 5300
Binghamton, NY 13902-9953
Tel. (866) 960-8609 Fax (877) 273-2984
Insured Name and Mailing Address:
PAUL BROWN
SCHNIQUA BROWN
717 FOX HUNT TRL
FORT WORTH, TX 76179-
Insured Location
717 FOX HUNT TRL FORT WORTH, TX 76179-
Residence: Primary home
Deductible: $2500
Wind/Hail Deductible: $5000
Evidence of Insurance For Policy
Number 40549334
This policy covers the listed location(s) from:
12:01 AM September 30, 2023 through
12:01 AM September 30, 2024 (local time)
Send payment to:
PO Box 1409
NEWARK, NJ 07101-1409
Coverage Limit
Section I - Property
A. Dwelling
B. Other Structures
C. Personal Property
D. Loss of Use
$478,000
$47,800
$239,000
$143,400
Section II - Liability
E. Personal Liability
F. Medical Payments to Others
Total Policy Premium
Total Amount Due
$300,000
$5,000
Total Amount Paid
`Please note that installment fees are not included in these totals and vary by payment plan option.
First Mortgagee
Loan Number:8021179869
NAVY FEDERAL CREDIT UNION, ISAOA ITS
SUC
CESSORS AND/OR ASSIGNS
PO Box 100598
Florence, SC 29502
Notes:
H03 — Homeowners
HO 04 20 - Specified Additional Amount Insurance for Cov A limit 25%
HA 80 94 - Flood Coverage Endorsement
$4474.00
$o.00
*$4474.00
HH D1 06 CW 11 14 Page 1 of 2
The Coverage A Dwelling amount is based on replacement cost as described in the policy. Certain exceptions
apply. Please review your policy for further details.
All information and representations herein are subject to the policy terms and conditions. Coverage is
contingent upon receipt of the initial payment of premium prior to the effective date of the policy.
�� ���
Authorized Representative Date June 25, 2024
This evidence of property insurance is issued as a matter of information only and confers no
rights upon the certificate holder. This evidence of property insurance does not amend, extend
or alter the coverage afforded by the policy above.
HH D1 06 CW 11 14 Page 2 of 2