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HomeMy WebLinkAbout065055 - General - Contract - Bair Holdings LLCDate Received: 4/17/2026 Record Number: PN26-00047 Time Received: 4:57 p.m. City Secretary No.: 65055 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER It 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 Bair Holdings LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 5945 South Freeway SR NB, Fort Worth, Texas 76134 ("Property"), being more particularly described as, being a tract of land in the Leigh Oldham Survey, Abstract Number 1198, in the City of Fort Worth, Tarrant County, Texas, being a part of that called 57.50 acre tract of land described in Special Warranty Deed to Bair Holdings LLC, as recorded in the Tarrant County Deed Records, by Instrument Number D223217890 ; and WHEREAS, the City owns a water sewer facility easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FP-25-003), which plat is recorded in the plat records of Tarrant County as Instrument D226017709 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: OFFICIAL RECORD AGREEMENT CITY SECRETARY 1. 1 FT. WORTH, TX 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 Standard Revised 12/2022 installing, and maintaining a storm drain (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, 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 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 condition acceptable to the Director of Transportation and Public Works, the Director of Tier II Easement Encroachment Agreement Page 2 of 13 Standard Revised 12/2022 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 One Thousand Twelve Dollars and Fifty Cents ($1012.50). 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. 9. Tier II Easement Encroachment Agreement Page 3 of 13 Standard Revised 12/2022 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 "A." 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 "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 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 13 Standard Revised 12/2022 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 13 Standard Revised 12/2022 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. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. 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. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Tier I1 Easement Encroachment Agreement Page 6 of 13 Standard Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 13 Standard Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrell (Apr 17, 2026 13:59:53 CDT) D. J. Harrell Director, Development Services Department 04/17/2026 Date: ATTEST: s RTnIIa Approved As To Form and Legality °nII4aeza �' Jannette Goodall, City Secretary Tayler Canton 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. jz�� Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 Standard Revised 12/2022 Licensee: By: Bair Holdings LLC a Texas limited liability company by: Central Thesis, LLC a Texas limited liability company its manager by: LJ TNT Holdings LLC a Texas limited liability company its manager by: JTB Acquisitions, LLC a Texas limited liability company its manager By: ame: John C. Riley Title: Manager Date:-- t/(DIAO STATE OF § COUNTY OFS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of r� ��, on this day personally appeared John C. Riley, Manages 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 Bair Holdings LLC, a Texas limited liability company (entity type), and in the capacity therein stated. Tier II Easement Encroachment Agreement Page 9 of 13 Standard Revised 12/2022 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of State of [ —f %-CA-3 7 CAI5EY FLUNK Notary ID #133512448 WYE/r My Commission Expires January 7, 2030 Tier II Easement Encroachment Agreement Page 10 of 13 Standard Revised 12/2022 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 17th day of April , 2026. 4 U) Notary Public in and for the State of Texas FT7Audrsy Leas Wallace vmmlavlon EXP9FAIary ID135OB2586 Tier II Easement Encroachment Agreement Page 11 of 13 Standard Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Standard Revised 12/2022 J 7 0 400 800' �. (FEET) 1"=800' NTERS�A c r +� A6' V1 CINI T Y MA P SOUTH FREEWAY WAREHOUSE CLEAR PROJECT DEVELOPER: 1 o CPN. 106096 c-1 POINT : G W ENR I N G EASTON TURNER 1031 S. KS BAIR HOLDINGS LLC 5933 SOUTH FWY N, TX 7 020 DENISON, TX 75020 12404 PARK CENTRAL DR. #250-S FORT WORTH, TX 76134 TELE: (405) 651-3366 DALLAS, TX 75251 DISTRICT 8 NEAL R. STEWART (806) 831-5814 MAPSCO GRID 91T TX PE # 147882 ENCROACHMENT AGREEMENT LOT 1, BLOCK A RCP FREEWAY SOUTH ADDITION LEIGH OLDHAM SURVEY, ABSTRACT NO. 1198 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 75 square foot (0.0017 acre) tract or parcel of land situated in the Leigh Oldham Survey, Abstract No. 1198, City of Fort Worth, Tarrant County, Texas, being all of Lot 1, Block A, RCP Freeway South Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D226017709, Official Public Records, Tarrant County, Texas, being part of a called 57.50 acre tract of land described in a Special Warranty Deed to Bair Holdings LLC, recorded in Instrument No. D223217890, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap found in the southeast right-of-way line of South Freeway SR NB (a variable width right-of-way) for the southwest corner of a called 21.383 acre tract of land described in a Warranty Deed to D&KW Family LP, recorded in Volume 12237, Page 1665, Deed Records, Tarrant County, Texas, and the northwest corner of said Lot 1, Block A, from which a found'/z" iron rod with yellow plastic cap stamped "RLG INC" bears North 89°32'47" East, a distance of 1306.54 feet for the northeast corner of said Lot 1, for the beginning of a non tangent curve to the left; THENCE along the common line between said South Freeway SR NB and said Lot 1, in a southwesterly direction along said curve to the left, whose chord bears South 35034'48" West for a distance of 122.66 feet, having a radius of 1105.92 feet, a central angle of 06021'28", and an arc length of 122.72 feet to the POINT OF BEGINNING; THENCE over and across said Lot 1, the following bearings and distances: South 57'43'33" East, a distance of 15.00 feet to a point for the beginning of a non tangent curve to the left; In a southwesterly direction along said curve to the left , whose chord bears South 32*1617" West for a distance of 5.00 feet, having a radius of 1090.92 feet, a central angle of 00°1645", and an arc length of 5.00 feet to a point at the end of said curve; North 57°43'33" West, a distance of 15.00 feet to a point in the common line between said Lot 1 and said South Freeway SR NB, for the beginning of a non tangent curve to the right; THENCE along the common line between said South Freeway SR NB and said Lot 1, in a northeasterly direction along said curve to the right, whose chord bears North 32'16'17" East for a distance of 5.00 feet, having a radius of 1105.92 feet, a central angle of 00'15'33", and an arc length of 5.00 feet to the POINT OF BEGINNING containing 75 square feet or 0.0017 acres of land, more or less. Basis of Bearings: State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, Adjustment Realization 2011. James L. Marlett Jr., RPLS No. 6896 JAMES L. MARLETT JR *4 ....... sass P; . 9�0 e RV SHEET 1 OF 2 28,936X 0 15 30 60 (FEET) l 1 inch = 30 ft. f P CALLED 0.928 ACRES STA TE OF TEXAS INST. NO. D20920327J O.P.R. T. C. T. YCIRF (CM) --------------------- ' POINT OF Cy ; COMMENCING i R=1105.92' C3OJ���`' L=122.72' Q,P� �P CB= S35 34 48 "W V N1 / CALLED 21.383 ACRES D&KW FAMIL Y LP VOL LIME 12237, PA GE 1665 D. R. T. C. T N89'J2'47"E 1306.54' J CURVE TABLE CURVE DEL TA RADIUS LENGTH CH. BRG CHORD Cl 075 45" 1, 090.92' 5.00' S3276'17"W 5. 00' C2 0'15 33" 1,105.92' 5.00' N3276'17'E [5�OKI �P , CD=122.66 0� �o,�• �. FP / � \j \./ L O T 1, BL OCK A �i � A AS F�i' RCP FREEWAY SOUTH ADDITION i E� 0.3 F OAS i9 0. / INST. NO. D226017709 i CA STATE 002 3 O.P.R. T. C. T. �N5T. Np,R.T.C•T �P \ / POINT OF C2��1 / / / / / / / / D.R. T.C. T. ' O.P.R. T.C. T. EMENTAF# LINE TABLE LINE BEARING LENGTH L 1 557 43 :33'E 15.00' L2 N57 43 33 "W 15.00' �f--------------------------------------� A PORTION OF A /�-PRIVATE DETENTION FACILITY CALLED 57.50 ACRE TRACT MAINTENANCE AGREEMENT PER BA/R HOLDINGS LL C INST. NO. D225167413 INS NO. D223217890 O.P.R. T. C. T. O. P. R. T. C. T. 1 ENCROACHMENT AGREEMENT 1' 75 SQUARE FEET 1 0.0017 ACRES E OF LEGEND 5P G's T FF+ 1 ........ AGREEMENT LINE .......... p9N '1 ........ PROPERTY LINE" SAME ........: 1 ........ DEED RECORD.; TARRANT COUNTY, 7EXA " V • .. , , L, MA RL E77 JR 11 Ofi7CIAL PUBLIC RECORDS TARRANT COUNTY, 7FXAS ........ VOLUME PC. ........ PAGE INST. NO. ........ INSTRUMENT NUMBER (CM) ........ COWROWNG MONUMENT IRF ........ IRON ROD FOUND YCIRF ••.••••. 112" IRON ROD W H YELLOW PIA577C CAP STAMPED " " FOUND BASIS OF BEARINGS. STA TE PLANE COORDINA TE S YS TEM, TEXA S NOR TH CENTRAL ZONE 4202, NORTH AMERICAN DA TUM OF 1983, ADJUSTMENT REAL IZA TION 2011. CONTROLLING MONUMENTS: AS SHOWN RAYMOND L. GOODSON JR. , INC. 12001 N. CENTRAL EXPY, STE 300 DALLAS, TX. 75243 214-739-8100 rlg@rlginc.com SCAL E TEXAS PE REG #F-493 TBPELS REG #100341-00 JOB JAMES L. MARL T JR., RPLS NO. 6896 3/1012026 ENCROACHMENT AGREEMENT LOT 1, BLOCK A RCP FREEWAY SOUTH ADDITION LEIGH OLDHAM SURVEY, ABSTRACT NO. 1198 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ( 1 1 1 I I I / I / I / I e STA. 0+ 10.00 SD—B2 i J CONNECT TO EXIST. 20 CURB /NLET L N.• 6926806.651 1 / 1 ' 1 // (%r///j h n E.2331907.92 // I I //� DEFINED EVCROA CHMEN T (PROP. 18" RCP 0 0/ ) ( . I I �jjj I 9+40.00S—B2I I I I 15' WA TER —SEWER l In I vLm /. DEFL. , i i con I I FAC/CITY EASEMENT N.• 6926790.63 E.• 2331933.29� i I III i I I IIIIIili,,1 STA. 1+04.91 SD-82 Concentric Cylindrical St, N.• 6926755.97 I E. 2331988.17 i �� III � II III I:I�I 1 I o ��� 1111 III III �� � �II��I .�11►i�III<< III I ture SCALE HORIZONTAL.- 1 "= 40 CAI CROA CHMEN T FL A N EXHIBI T SOUTH FREEWAY WAREHOUSE CLEAR PROJECT DEVELOPER: CPN: 106096 POINT ,SINEEMNS EASTON TURNER 1031 S. FAIRBANKS BAIR HOLDINGS LLC 5933 SOUTH FWY DENISON, TX 75020 12404 PARK CENTRAL DR. #250-S FORT WORTH, TX 76134 TELE: (405) 651-3366 DALLAS, TX 75251 DISTRICT 8 NEAL R. STEWART (806) 831-5814 MAPSCO GRID 91T TX PE # 147882 0f 00 1 f 00 2f 00 ENCRO% CHMEN T PROFIT E J+ 00 J+ 60 PROFILE SCALE HORIZONTAL.- 1'=80' VERTICAL: 1 "= 8' BE yOND E% SEMEN T SOUTH FREEWAY WAREHOUSE CLEAR PROJECT DEVELOPER: CPN. 106096 :� I POINT GIN EERING EASTON TURNER 1031 S. NKS BAIR HOLDINGS LLC 5933 SOUTH FWY DENISON, TTX X 7502020 12404 PARK CENTRAL DR. #250-S FORT WORTH, TX 76134 TELE: (405) 651-3366 DALLAS, TX 75251 DISTRICT 8 NEAL R. STEWART (806) 831-5814 MAPSCO GRID 91T TX PE # 147882 v J " V t�fLS AQYIG� 4Y � _—_�-1.� f. L s J3 (JI Md a(eea (� Og[faYaOZ!/ pN (SNl 1N3IY35V3 /.[/1UN S °' 4 g �mN �✓��2m�' ------------ t- —.—__I rc` w I Aa a. �2 w 1I II III, p I r nYY.i d V IN !!,.€I " I egg' pp@ 4 Na. sq s ag € 8s 8 y €qq°y � aA va € 4 ■ g€ B F5 F a E s €x8 a sg, F8 a g i g s2s a s $ I , 38 .° a az; s .Q 1 � 3434 " ;Lo. g s �°�a's�si��k�aQsas? FS °k I 1 9�J 8$p`l6a"I ! $ $ iTp° g pg@RggB B Eai sdG },i $ ? gag�..44go�ga� ,gx8 asap gy a 111i a�aasa�8m sad s$E Aa�g€g�E § g¢ Saa ��a sa �a .€ alks 8 wo € s It; $ tad E€� p. ��, gia � �$a�gs� � s€ a �8' a kx°$ &$aa �:ea pg a € g&gib a1$1a g g d 8 e€aa�gg; ig $$�ffl 5 Uza aaea$ s afi assaga Sa $ g :Ft's�Eaa a=8 a,fia§ gaga 8 $8 $a EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Standard Revised 12/2022 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Bair Holdings LLC Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.