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HomeMy WebLinkAboutContract 56408-CA1Date Received: 9/3/2025 Record Number: PN25-00063 Time Received: 9:27 a.m. City Secretary Number: 56408-CAI ASSIGNMENT. CONSENT, AND AMENDMENT OF EASEMENT ENCROACHMENT AGREEMENT City Secretary Contract No. 56408 THIS ASSIGNMENT, CONSENT, AND AMENDMENT 29yENCROACHMENT AGREEMENT ("Assi nment") is made and entered into as of this day day of August, 2025, by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation 850 Railhead Industrial, L.P., a Texas limited partnership ("Assignor"), and Blue Lotus TX, LLC, a Texas limited liability company ("Assignee"). City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties" herein. WITNESSETH: WHEREAS, the City entered into an encroachment agreement with 850 Railhead Industrial, L.P., a Texas limited partnership ("Original Licensee") on the 28th day of September, 2021 , under City Secretary Contract ("CSC") No. 56408 (the "Agreement), attached hereto as Exhibit "A" and incorporated herein by reference for all purposes; WHEREAS, The Original Licensee, at the time of execution of the Agreement, was the owner of certain real property more particularly described in the legal description within the Agreement (the "Property") which is located adjacent to or near the City's easement; WHEREAS, the Agreement allowed for certain encroachments particularly referenced in the Agreement therein as the "Improvements"; WHEREAS, the Agreement was recorded the IOth day of October, 2021, as Instrument No. D221292309 in the Real Property Records of Tarrant County, Texas; WHEREAS, the Original Licensee sold the Property to the Assignor on the 2nd day of May, 2025 and the deed was recorded as Instrument No. D225080490 in the Real Property Records of Tarrant County, Texas; WHEREAS, the Assignor now desires to convey the Property to Assignee and, in turn, assign the Agreement to the Assignee; WHEREAS, the City approves of such assignment; and WHEREAS, it is the mutual desire of City and Parties to execute this Amendment and Assignment to the Agreement to revise "Exhibit A" in the Agreement to depict the revised encroachment area. OFFICIAL RECORD Page 1 of 10 CITY SECRETARY Updated 2024 FT. WORTH, TX 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. 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 (ii) 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. Page 2 of 10 Updated 2024 City Development Services Department 100 Fort Worth Trl Fort Worth TX 76102 Attention: Director Assianor 850 Railhead Industrial, LP 5950 Berkshire Ln, Ste 900 Dallas, TX 75225 Assianee Blue Lotus TX, LLC 301 Commerce St, Ste 2400 Fort worth, TX 76102 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. Section 7 of the Agreement is hereby deleted in its entirety and replaced with the following: 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. At the expiration of this Agreement, City and Licensee shall execute a new agreement as long as the Encroachment is still present. Any new agreement shall be subject to the City's then -current policies, review standards, and approval process. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement following the expiration of the notice and cure period set forth hereinbelow. City shall notify Licensee in writing of any Page 3 of 10 Updated 2024 such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City (but if the cure is of a nature such that it cannot be cured within thirty (30) days, then Licensee will not be in default so long as it promptly commences the cure within said 30-day period, thereafter diligently pursues the cure and subsequently cures the default within a period of time, not to exceed 60 days after written notice thereof),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. 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. 14. 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] Page 4 of 10 Updated 2024 ASSIGNOR: 850 Railhead Industrial, L.P. a Texas limited partnership by: 850 Railhead GP Series, a series of HLCI Investment Series II, LLC a Texas series limited liability company its general partner By: "4- lj-o� Name: Douglas Lueders Title: Vice President Date: 'B' 13 I JD2S'- STATE OF T-C X ct S COUNTY OF l n I la S § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Douglas Lueders, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of 850 Railhead GP Series, a series of HLCI Investment Series 11, LLC, a Texas series limited liability company, the general partner of 850 Railhead Industrial, L.P., and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I its day of 14v-qv s+ , 2025. C;otary` ubllC 7 a Or t 1C State of Te x q 5 Page 5 of 10 Updated 2024 {Nlnv,+�)",4 JASON YOUNG Notary Public, State of Texas Comm. Expires 10-16-2028 °f -es Notary ID 135132531 ASSIGNEE: Blue Lotus TX, LLC a Texas limited liability company By: Name: Bindu Dalal Title: Member Date: $ 119 12 s STATE OF K\ �-W COUNTY OF�e�.�.\C9,P�l § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1'15 , on this day personally appeared Bindu Dalal, Member 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 Blue Lotus TX, LLC, a Texas limited liability company, and in the capacity therein stated. kh GIVEN UNDER MY HAND AND SEAL OF OFFICE this \C\day of 20_v� I_r BHAIRAVI MALKAN NOTARY PUtll K, Stele of New Jersey Notary Public in and for the My Comedsslon Explraa W/071'.'027 State of Page 6 of 10 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH pID&N, �t WeU By: D. J. Harrell Director, Development Services Department Date: 08/29/2025 do onnu o C� F�RT�pad �o ATTEST: pro o=o a°*� OaII� nEXp5o4 Aa&- : Jannette Goodall, City Secretary Approved As To Form and Legality s Jackson Skinner Assistant City Attorney 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. J� Kandice Merrick Development Services Manager Page 7 of 10 OFFICIAL RECORD Updated 2024 CITY SECRETARY FT. WORTH, TX 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 29tF day of August 2025. Notary Public in and for the State of Texas Wendy Beardslee My CommissionExpires * T1281202/2029 Notary I D 133237193 Page 8 of 10 Updated 2024 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Page 9 of 10 Updated 2024 D221292309 10/06/2021 02:25 PM Page: 1 of 24 Fee: $111.00 Submitter: COFW CFA OFFICE Electronically Recorded by Tarrant County Clerk in Official Public Records to�,� MARY LOUISE NICHOLSON COUNTY CLERK Date Received: 10/04/2021 Time Received: 1:58 pm City Secretary Number: 56408 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 850 RAILHEAD INDUSTRIAL, LP, a(n) limited partnership ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 850 RAILHEAD ROAD, Fort Worth, Texas 76106 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a drainage 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 FP-98-40; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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, installing, and maintaining a private water line, sewer line and storm line (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 Tier II Easement Encroachment Agreement Page 1 of 14 PN21-00104 Revised 11/2020 D221292309 Page 2 of 24 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 perfonned 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 snake 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, 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 of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as detennined 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. CI 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. 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 Tier II Easement Encroachment Agreement Page 2 of 14 PN21-00104 Revised 11/2020 D221292309 Page 3 of 24 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 pennission 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 tenninate this Agreement upon Licensee's noncompliance with any of the teens 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 tenninate 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 teen 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, Tier 11 Easement Encroachment Agreement Page 3 of 14 PN21-00104 Revised 1 1 /2020 D221292309 Page 4 of 24 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; PROVIDED, HOWEVER, SUCH INDEMNITY SHALL NOT APPLY TO ANY CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY, ITS OFFICERS, AGENTS,SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS 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; PROVIDED, HOWEVER, SUCH INDEMNITY SHALL NOT APPLY TO ANY CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY, ITS OFFICERS, AGENTS,SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS. 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 "D" Tier 11 Easement Encroachment Agreement Page 4 of 14 PN21-00104 Revised 11/2020 D221292309 Page 5 of 24 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 teen 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 pennitting 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 - Tier II Easement Encroachment Agreement Page 5 of 14 PN21-00104 Revised 11/2020 D221292309 Page 6 of 24 party may have an interest. Licensee agrees that it will obtain all necessary pennissions 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. 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 assigmment 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. Tier II Easement Encroachment Agreement PN21-00104 Page 6of14 Revised 1 1 /2020 D221292309 Page 7 of 24 041 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 PN 21-00104 Page 7 of 14 Revised 11/2020 D221292309 Page 8 of 24 City: Licensee: CITY OF FORT WORTH 850 RAILHEAD INDUSTRIAL, LP A Texas limited partnership by: HLCI Investments Series II, LLC a Texas series limited liability company dba 850 Railhead GP Series a Texas series limited liability company `a B D.J. Harrell, Director of the iName: Douglas Lueders Development Services Department Title: Vice President Date: Sep 28, 2021 ATTEST: Approved As To Form and Legality Ronald P. Gonzales, Acting Thomas Royce Hansen City Secretary Assistant City Attorney Date: Oct 4, 2021 Ordinance No. 24161-04-2020 Date: Sep 28, 2021 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. ,,&ruin czern-wk a/V &44rf7, Janie S. Morales Development Services Date: Sep 28, 2021 Tier II Easement Encroachment Agreement Page 8 of 14 PN21-00104 Revised 11/2020 D221292309 Page 9 of 24 fa'�" 11: V_l!1 -No :i�1 rf 11I'll a1 10 M.' % 0 11: l�J l�l �lr11.y DI�J►r rrt' 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 28th day of September , 20 21 . Jennifer L. Digitally signed by Jennifer L. Ezernack Ezernack Date: 2021.09.3011:08:32 05'00' 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 Tier II Easement Encroachment Agreement PN21-00104 O�PRY I'(ie/ JENNIFER L. EZERNACK z Notary Public + • STATE OF TEXAS uT��or�+P Notary I.D. 130561630 My Comm. Exp. Mar. 1, 2024 ' Page9of14 Revised 11/2020 D221292309 Page 10 of 24 STATE OF TEXAS § COUNTY OF T*KKRAI-1T § �Oa WC5 BEFORE ME, the undersigned authority, a Notary Public in and for the State of DIth , on this day personally appeared Douglas Lueders, Vice President of 850 Railhead GP Series , a series of HLCI Investment Series II, LLC, a Texas series limited liability company, as general partner of 850 Railhead Industrial, L.P., a Texas limited partnership 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 sarne for the purposes and consideration therein expressed, as the act and deed of 850 Railhead Industrial, L.P., a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C- S ill day of 20 1 �1 LESLYN M BRADY Notary PState of Texas ublic, My Commission Expires May 22, 2025 Notary Public in and for the J NOTARY ID 801354-3 , State of Tier 11 Easement Encroachment Agreement PN21-00104 Page 10 of 14 Revised 1 1 /2020 D221292309 Page 11 of 24 EXHIBIT A Description of the Licensee's Property Tier 11 Easement Encroaclvnent Agreement PN21-00104 Page 1 I of 14 Revised 11/2020 a� o M _ N a9 N V- N 04 FORT WORTH lro"m� RAILHEAD HOLT LUNSFORD 850 Railhead Road Fort Worth, Texas THE CITY OF FORT WORTH ENCROACHMENT AGREEMENT RAILHEAD HOLT LUNDSFORD EAST INDUSTRIAL BLUE MOUND Pop 2,133 I� z i 0 N LAWSON C� I 1�:' SITE LOCATION MAP (N.T.S) Kimley»>Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 D221292309 Page 13 of 24 LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 100 square foot (0.0023 acre) tract of land (TRACT 1), a 675 square foot (0.0155 acre) tract of land (TRACT 2), a 450 square foot (0.0103 acre) tract of land (TRACT 3) and a 675 square foot (0.0155 acre) tract of land (TRACT 4) situated in the John Hibbins Survey, Abstract No. 638, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 4, Block D, Railhead Fort Worth, Phase One, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 4358, Plat Records, Tarrant County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to 850 Railhead, LLC recorded in Instrument No. D218066214, Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows: TRACT 1 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4; said point being in the west line of Blue Mound Road (a 100-foot wide right-of-way); from said point a 5/8-inch iron rod with cap stamped "KHA" set for the southwest corner of said Lot 4 bears South 89058'22" West, a distance of 671.89 feet; THENCE North 1'11'11" West, along the said west line of Blue Mound Road, a distance of 16.71 feet to a point; THENCE South 88°48'49" West, departing the said west line of Blue Mound Road, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE South 88e48'49" West, a distance of 10.00 feet to a point for corner; THENCE North 1'11'11" West, a distance of 10.00 feet to a point for corner; THENCE North 88°48'49" East, a distance of 10.00 feet to a point for corner; THENCE South 1'11'11" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 100 square feet or 0.0023 acres of land, more or less. TRACT 2 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4; said point being in the west line of Blue Mound Road (a 100-foot wide right-of-way); from said point a 5/8-inch iron rod with cap stamped "KHA" set for the southwest corner of said Lot 4 bears South 89°58'22" West, a distance of 671.89 feet; THENCE North 1'11'11" West, along the said west line of Blue Mound Road, a distance of 116.35 feet to the POINT OF BEGINNING; THENCE South 89'57'27" West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point for corner; THENCE North 1°11'11" West, a distance of 15.00 feet to a point for corner; THENCE North 89°57'41" East, a distance of 45.01 feet to a point for corner in the said west line of Blue Mound Road; THENCE South 1°11'11" East, along the said west line of Blue Mound Road, a distance of 15.00 feet to the POINT OF BEGINNING and containing 675 square feet or 0.0155 acres of land, more or less. EASEMENT ENCROACHMENT JOHN HIBBINS SURVEY ABSTRACT NO. 638 CITY OF FORT WORTH TARANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11. # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com Scale I Drawn by I Checked by Date Project No. I Sheet No. N/A CDP MCB 7121/2021 064186006 1 OF 4 PADILLA, CAELAN 8/30/2021 3.15 PM K.\FTW SURVEY\064186006-850 RAILHEAD\DWG\064186006-850 Rr ILHEAD_ES T ENCROAC MENT.DWG D221292309 Page 14 of 24 TRACT 3 COMMENCING at the northeast corner of the previously described TRACT 2; THENCE North 1'11'11" West, along the said west line of Blue Mound Road, a distance of 9.00 feet to the POINT OF BEGINNING; THENCE South 89°57'23" West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point for corner; THENCE North 1'11'11" West, a distance of 10.00 feet to a point for corner; THENCE North 89°57'32" East, a distance of 45.01 feet to a point for corner in the west line of said Blue Mound Road; THENCE South 1e11'11" East, along the said west line of Blue Mound Road, a distance of 10.00 feet to the POINT OF BEGINNING and containing 450 square feet or 0.0103 acres of land, more or less. TRACT 4 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the northeast corner of said 850 Railhead, LLC tract; from said point a 1/2-inch iron rod with cap stamped "RPLS 6013 TX" bears South 89°57'30" West, a distance of 305.55 feet; THENCE South 1'11'11" East, along the said west line of Blue Mound Road, a distance of 92.31 feet to the POINT OF BEGINNING; THENCE South 1'11'11" East, continuing along the said west line of Blue Mound Road, a distance of 15.00 feet to a point for corner; THENCE South 89°57'28" West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point for corner; THENCE North 1 °11'11" West, a distance of 15.00 feet to a point for corner; THENCE North 89°57'28" East, a distance of 45.01 feet to the POINT OF BEGINNING and containing 675 square feet or 0.0155 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tracts. EASEMENT ENCROACHMENT �'�3/�Z OF TF JOHN HIBBINS SURVEY �� I �"q� ABSTRACT NO. 638 MICHAEL C. BILLINGSLEY: �•<P�isrEo CITY OF FORT WORTH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 ......................... TARANT COUNTY, TEXAS 801 CHERRY STREET, MICHAEL CLEO BILLINGSLEY """"""""�"'" UNIT 11 SUITE 1300 ` ' 6558 Qom• •: Ki mle-wo Horn FORT WORTH, TEXAS 76102 q "- P E S 5��. '� 0 N� 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com PH. 817-335-6511 S U R v Ey michael.billingsley@kimley-horn.com Scale Drawn by Checked by N/A I COP I MCB Date I 7121/2021 I ProjectNo.Sheet 0648 0641600 46 2 OF 4 PADILLA, CAELAN 8/30/2021 3:15 PM K:\FTW—SURVEY\G64186006-850 RAILHEAD\DWG\064186006-850 R.;ILHEAD_ESMT ENCROACHMENT.DWG D221292309 Page 15 of 24 LOT 2, BLOCK 1 820 NORTH INDUSTRIAL PARK TRACT 3 EASEMENT ENCROACHMENVL5 L11 0.0103 ACRE450 SQ. FTRACT2 EASEMENTENCROACHMENT 0.0155 ACRES 675 SQ. FT. PART OF LOT 4, BLOCK D RAILHEAD FORT WORTH, PHASE ONE (CAB. A, SL. 4358) 850 RAILHEAD, LLC (INST. NO. D218066214) l (CAB. A, SL. 8201) TRACT 1 EASEMENT IRSC (C.M J NORTH 0 20 40 GRAPHIC SCALE IN FEET NOTES ENCROACHMENT 0.0023 ACRES 100 SQ. FT. S89°58'22"WVA671.89' 1-12 P.O.B. L9 --900 TRACT 3 L8 P.O.C. P.O.B. i S88°48'49"W- 35.00' L3 P.O. B. 11 45' DRAINAGE EASEMENT (CAB. A, SL. 2963) LOT 1-R, BLOCK 1 820 NORTH INDUSTRIAL PARK (VOL. 388-137, PG. 25) BOTTLING GROUP, LLC (VOL. 13727, PG. 305) M Z c° m IRSC (C.M.) P.O.C. _I LEGEND IRSC = 5/8" IRON ROD WITH "KHA" CAP SET P.O.C. = POINT OF COMMENCING P.O.B = POINT OF BEGINNING C.M. = CONTROLLING MONUMENT Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets out the metes & bounds of the encroachment tracts. EASEMENT ENCROACHMENT JOHN HIBBINS SURVEY �. •. �� Enema.• �, ABSTRACT NO. 638 MICHAEL C. BILLINGSLEY; CITY OF FORT WORTH REGISTERED PROFESSIONAL •••:•••••••••••••••••••••••:••• TARANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, 0 6558 UNIT 11 SUITE 1300 �' ;Pp ?. Kimle-woHorn FORT WORTH TEXAS 76102 9 •• E S S��.• O 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 PH. 817-ORTH,11 4, S U R v �y Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com Scale Drawn by I Checked by Date Project No. Sheet No. michael.billingsley@kimley-horn.com 1'=40- I CDP I MC6 7/21/2021 064186006 3OF4 PADILLA, CAELAN 8/30/2021 3 15 PM K:\FTW_SURVEY\064186006-850 RAILHEAD\DWG\064186006-850 RAILHEAD_ES T ENCROAC MENT.DWG D221292309 Page 16 of 24 NORTH LEGEND 0 20 40 IRSC = 5/8" IRON ROD WITH "KHA" CAP SET P.O.C. = POINT OF COMMENCING P.O.B = POINT OF BEGINNING GRAPHIC SCALE IN FEET C.M. = CONTROLLING MONUMENT PART OF LOT 4, BLOCK D RAILHEAD FORT WORTH, PHASE ONE 1 (CAB. A, SL. 4358) 1 1/2" IRF 5/8" IRSC "RPLS 6013 TX" XTO RESOURCES I, LP �(C.M.) (INST. NO. D2�0`5268110) 1"KHA" (C.M.) SW57'30"W • 305.55' 45' DRAINAGE EASEMENT I _ P . O . C (CAB. A, SL. 2963) I 1 PART OF LOT 4, BLOCK D 1 } RAILHEAD FORT WORTH, PHASE ONE I O (CAB. A, SL. 4358) I ° 850 RAILHEAD, LLC 1 o (INST. NO. D218066214) TRACT 4 I 1 O w- 20 EASEMENT 1 I W LL o ENCROACHMENT L16 0.0155 ACRES to LINE TABLE 675 SQ. FT. NO. BEARING LENGTH L14 1 L1 S88°48'49"W 10.00' 1 L2 S01°11" 1"E 10.00, I I/� P.D.B. L3 N88°48'49"E 10.00, 1 L4 N01°11'11'W 10.00' 1 L5 S89°57'27"W 45.01' 1 L6 N01°11'11"W 15.00' L7 N89°57'28"E 45.01' L8 S01°11'11"E 15.00' L9 S89°57'23"W 45.01' L10 N01°11'11"W 10.00' EASEMENT ENCROACHMENT L11 N89°57'32"E 45.01' I JOHN HIBBINS SURVEY ABSTRACT NO. 638 L12 so1°11'11"E 10.00' I CITY OF FORT WORTH L13 sot°11'11"E 15.00' TARANT COUNTY, TEXAS L14 S89°57'28"W 45.01' Kimlev)))Horn L15 N01°11'11"W 15.00' L16 N89°5T28"E 45.01' 801 Cherry Street, Unit 11, # 130o Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com Scale Drawn b Checked by Dale Project No. I Sheet No. 1" = 40' I CDP MCB I 7/21/2021 064186006 4 OF 4 PADILLA, CAELAN 8/30/2021 3:15 PM K:\FTW-SURVEY\064186006-850 RAILHEAD\DWG\064186006-850 RAILHEAD_ESdT ENCROAC MENT.DWG D221292309 Page 17 of 24 Tier II Easement Encroachment Agreement PN21-00 104 EXHIBIT B Depiction of the Public Property Page 12 of 14 Revised 11/2020 D221292309 Page 18 of 24 . ... .... .. .. .. .. .... .. IA By r� COIDVr2-1 -MIWA-M= ...... ..... .. D221292309 Page 19 of 24 EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement PN21-00104 Page 13 of 14 Revised 11/2020 o�- M _ N a9 N T- N N LIMITS OF FLOODPLAIN RAILHEAD HOLT LUNSFORD 850 Railhead Road Fort Worth, Texas I PROPOSED 48"' PRIVATE STORM LINE I ;(1 Z O 2 GRAPHIC SCALE IN FEET !0 10 20 40 ENCROACHMENT AREA PROPOSED 2 - 54" — — - 10.0' UBLIC STORM LINES � � J Kimley>>> Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 ENCROACHMENT 1 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 W 0 M N a9 N T- N N RAILHEAD HOLT LUNSFORD 850 Railhead Road Fort Worth, Texas opll� C'0 ___ PROPOSED 2-5 4 10.01 PUBLIC STORM LINES I PRIVATE 6" SANITARY SEWER — o m PROPERTY LINE GRAPHIC SCALE IN FEET 0 10 20 40 Kimley>>> Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 ENCROACHMENTS 2 & 3 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 W I* N 4- 0 N N N a 0 M N a9 N T- N N I / alw�y I � - I ENCROACI- MENT AREA _ _ _ — — — — --------- PROPOSED -ILJI -------- 2 - 54" I 4+00 I PUBLIC STORM LINES PRIVATE 8" WATER LINE • — • — PRIVATE 2" WATER LINE —n o — PUBLIC 45' DRAINAGE EASEMENT — \�7 v — — — — — — — — — — — 20'BARNETT — N GATHERING, LP _ _ _ _ — — EASEMENT — — — — — — — — — 10' RIGHT OF WAY EASEMENT EX. GAS 8" MAIN a W. L'1 RAILHEAD HOLT LUNSFORD 850 Railhead Road Fort Worth, Texas GRAPHIC SCALE IN FEET 0 10 20 40 Kimley>>> Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 ENCROACHMENT 4 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 W I* N 4- 0 M N N cC a 0 M N a9 N T- N N cz m �n <� 9.77 ACRES / LOT 4, BLOCK D 'Ali RAILHEAD FORT WORTH r J� PHASE ONE — CABINET A, SLIDE 4358 BUILDING 1 I 114,400 SF II FF=692.50 i I MIN. FF=687.25 25' BUILDING LINE (VOL. 12418, PG. 1880) I II 45' DRAINAGE EASEMENT (CAB. A, SL. 2963) ITS PROPOSED I 10' RIGHT-OF-WAY — ; OF 45' ENCROACHMENT 1 �_= EASEMENT I I FLOODPLAIN OF 29633) DRAINAGE (CAB. A, SL. 4358) LIMITS ' EASEMENT - _ � r — — — — -I— — — --�—� _--_ _ A, SL. — FLOODPLAIN ----- '' _—= —_ f—�--- — --- — —— — — — — — — — — - _ — TxDOT R.O.W. BLUE MOUND ROAD PROPOSED ENCROACHMENTS 2 & 3 — EX. GAS 8" MAIN PROPOSED FM ROAD NO. 156 20' BARNETT GATHERING, LP EASEMENT ENCROACHMENT 4 (INST. NO. D207308711) 100-FOOT WIDE RIGHT-CF-SWAY) RAILHEAD HOLT LUNSFORD 850 Railhead Road Fort Worth, Texas z O X- ENCROACHMENT LIMITS GRAPHIC SCALE IN FEET 0 50 100 200 Kimley»>Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 W D221292309 Page 24 of 24 Tier II Easement Encroachment Agreement PN21-00104 EXHIBITS Revised Certificate of Insurance Page 14 of 14 Revised 11/2020 DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 6/4/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shawna Hutchison CAC Specialty I PHONE FAX 8400 Belleview Dr. #105 (A/C. No. Ext): (A/C. No): Plano, TX 75024 I ADDRESS: shawna.hutchison(cDcacgroup.com INSURER(S) AFFORDING COVERAGE NAIC # www.cacspecialty.com INSURERA: QBE Specialty Insurance Company 11515 INSURED INSURER B : Bridqeway Insurance Company 12489 Holt Lunsford Commercial, Inc. I INSURERC: Indian Harbor Insurance Company 36940 5950 Berkshire Ln., Ste. 900 Dallas TX 75225 I INSURERD: Endurance American Specialty Ins Co 41718 I INSURERE: Westfield Specialty Insurance Company 16992 INSURER F : Certain Underwriters at Lloyd's COVERAGES CERTIFICATE NUMBER: 85635377 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A / COMMERCIAL GENERAL LIABILITY 140001682 6/1/2025 6/1/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS -MADE ,/ OCCUR PREMISES (Ea occurrence) $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- LOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible $ $0 COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B UMBRELLA LIAB ,/ OCCUR 8EA7XL000247401 6/1/2025 6/1/2026 EACH OCCURRENCE $5,000,000 ./ EXCESS LIAB H CLAIMS -MADE AGGREGATE $ 5,000,000 ✓ DED � ✓ � RETENTION$0 $ WORKERS COMPENSATION PER STATUTE ERH AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe upnFder QESCRIPJI1 !! OPPE TIONS below E.L. DISEASE - POLICY LIMIT $ C Excess Liability $5C $51M SXS006598601 6/1/2025 6/1/2026 $5,000,000 ea Occ / $5,000,000 Agg D Excess Liability 7.5M po $15M x $10M ELD30089185300 6/1/2025 6/1/2026 $7,500,000 ea Occ / $7,500,000 Agg E Excess Liability 7.5M po $15M x $10M XSL-484685Y-00 6/1/2025 6/1/2026 $7,500,000 ea Occ / $7,500,000 Agg F Terrorism and Sabotaqe Insurance B0507PT2500327 6/1/2025 6/1/2026 $10,000,000 ea Occurrence DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured as required by written contract or written agreement as respects General Liability. Additional Named Insured: Blue Lotus TX LLC 99aa01865 Location: 5301 Blue Mound Road. Fort Worth. TX 76106 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning & Development - CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN25-00063 200 Texas Street Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE Grantland Rice IV ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 85635377 HOLTLUN-01 1 6/01/2025 - 2026 Premises Casualty COI I Shawna Hutchison 1 6/4/2025 5:01:41 PM (CDT) I Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.