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HomeMy WebLinkAbout065536 - General - Contract - Rush TA, LLCDate Received: 7/17/2026 Time Received: 8: 30 a.m. Record Number: PN26-00059 City Secretary No.: 65536 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Rush TA, LLC, a(n) 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 10771 Tube Drive, Fort Worth, Texas 76053("Property"), being more particularly described as, being Lot 1R-3A, Block 4, Bell Industrial District, an addition to the City of Fort Worth, Tarrant County, Texas, according to the amended plat recorded in Cabinet A, Slide 12303, Plat Records, Tarrant County, Texas, and as recorded in the Official Public Records, Tarrant County, Texas, by Instrument Number D220161664; and WHEREAS, the City owns a public utility easement (the "Public Property") adjacent to the property, dedicated to the City in an easement tiled in the Tarrant County Deed Records as Cabinet A, Slide 3958, as depicted on the amended plat of the property (FS-007-154), which plat is recorded in the Plat Records of Tarrant County as Instrument Number D207417005;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: OFFICIAL RECORD CITY SECRETARY Tier If Easement Encroachment Agreement Paoc I o C 13 Standard/Revised FT. WORTH, TX 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, installing, and maintaining private storm lines (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, rcpairing, replacing, or maintaining Tier i1 Easement Encroachment Agreement Page 2 of 13 Standard/Revised 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 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. Tier TT Easement Encroachment Agreement Page 3 of 13 Standard/Revised 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. 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 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 Tier IT Easement Encroachment Agreement Page 4 of 13 Standard/Revised $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 "C" 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. 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. Tier IT Easement Encroachment Agreement Page 5 of 13 Standard/Revised 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. 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. Tier 11 Easement Encroachment Agreement Page 6 of 13 Standard/Revised 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier 11 Easement Encroachment Agreement Page 7 of 13 Standard/Revised EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH VaGtolt tfWll_eu Dalton Harrell (Jul 16, 2026 14:02:03 CDT) D. J. Harrell Director, Development Services Department Date: 07/1 6/2026 ATTEST: doFo.00 F°6. qad �o�9.io KC[��%� �GG�i Qapdnn�aasa� Approved As To Form and Legality 7�� ca4t�-e, Jannette Goodall, Tayler Canton City Secretary Assistant City Attorney Contract Compliance Manager: By signing 1 acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. j__/ Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier iT Easement Encroachment Agreement Page 8 of 13 Standard/Revised Licensee: Rush TA, LLC a Texas limited liability company By: Name:Tim Rusher Title: Managing Member Date: 7110/a(12 STATE OF % ExA'S § COUNTY OF —TAR —KAKI T § BEFORE ME, the undersigned authority, a Notary Public in and for the State of E XA 5 , on this day personally appeared ? I MM StuS tte— , M &NAWN Ct kEMK tle) 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 a (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f OTN day of 2026. �' �►sY 4 LMIE A CURRY Notary It 0124440248 y, My Commission Expires Notary Public in and for the or January 24. 2#27 State of TE k& 5 Tier 11 Easement Encroachment Agreement Page 9 of 13 Standard/Revised 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 16th day of July , 2026. PAP Notary Public in and for the State of Texas KATHLEEN BRADFORD r Notary Public s ♦ STATE OF TEXAS Notary 1,13, 12197197 ow1y Camm. ,Apr. fit, 2027 Tier iT Easement Encroachment Agreement Page 10 of 13 Standard/Revised EXHIBIT A Depiction and Description of the Encroachment Tier IT Easement Encroachment Agreement Page I 1 of 13 Standard/Revised SITE MAP March 17, 2026 1:9 028 0 0.05 0.1 0.2 mi 0 Counties 1 '' , , 1 1 - , , ,- 0 0.1 0.2 0.4 km City of Adington. TX. Tenant County College, Esd. HERE. Gamin. INCREMENT c, IMe-ap, NGA, USGS �LM s 0 30 60 Feet ALE: 1 "=50' TARRANT COUNTY, TEXAS SITE PLAN r —x—X= FENCE PARKING AREA "'OSEAPE A— E, / R� t T/ N —/ RAMP FIRE LANE OpURtE GATE �h Al R1p' xx jT XAM � RP FEN[EJ \ IANDSGPE AREA I 7" I NNW" I ETA WAII D / 15 I I 5i.35' I I I I VAIK / fib: 56' rn I I w i l I � PARKING AREA14 J WI Lu RETAINING WALL =I \ 12' I I DETENTION POND E RETAINING WALL I I i EN^inACHA�NT 1AN05CA1E AREA I E: FENCE 1 \4ri SIDEWALK SUDIN GATE O 35.48 5' UTILITY EASEMENT 4U SIDEWALK Eq ° pAMP SIDEW" H HE C TUBE STREET LEGEND CONCRETE CURB ADA RAMP FENCE — x — x — A — SLIDINGGATE —x u1DRJ GATE x— DOUBLE GATE DDUKE GAIE PARKING SPACE RETAINING WALL 6821 BAKER BLVD. STE. C FIELD: OR SITE ADDRESS: RICHLAND HILLS, TX TECH: OR 10771 TUBE DRIVE SHEET OFFICE: 817.616.3105 JOB NO.: 26030006 HURST, TEXAS 76053 1 EMAIL: info@tndtx.com In TARRANT COUNTY, TEXAS PLAN & PROFILE EASEMENT ENCROACHMENT #1 ' C 547.16 PROPOSEco sv'c °DOUBLE GATE 55j.6? 5' CURB INLET RIM 544.50 FL 24"=544,00 d� 4. C 54757 S. p( 551,76NG 55 ' 0 30 60 y� NG _ `�% st73 Feet 3.57 "J 5, X X EXISTING MINOR CONTOURS 549 EXISTING MAJOR CONTOURS 550 MINOR CONTOURS 549 MAJOR CONTOURS 550 SWALE — .. — — — — HIGH POINT —Hp—Ha—Hv—ua—ua— STORMPIPE RETAINING WALL DRAINAGE FLOW DIRECTION 1.w CURB INLET TARRANT COUNTY, TEXAS LOT 1R-3B EXHIBIT A BLOCK 4 EASEMENT ENCROACHMENT EXHIBIT OWNER: CCE HOLDINGS INC. w DOG. NO. 0213278849 BELL INDUSTRIAL DISTRICT D.R.T.C.T. CABINETA. SLIDE 12303 PRTCT 1/2" IRF CM BELL INDUSTRIAL DISTRICT CABINET A, SLIDE 12303 P. R. T. C. T. LOT 1 R-3A BLOCK 4 3.242 ACRES 141,233 SQ. FT. OWNER: RUSH TA LLC INST. NO. D220161664 D.R.T.C.T. 5' UTILITY EASEMENT CAB. A SLIDE 3958 P.R.T.C.T. EASEMENT ENCROACHMENT 38 SQ. FT. LINE TABLE LINE # BEARING DISTANCE L1 N42'00'56"W 7.51' L2 N00'16'51 "W 7.51' L3 S42'00'56"E 7.51' L4 S0016'51 "E 7.51' NOTE: 1.) BEARINGS, COORDINATES AND DISTANCES ARE BASED ON THE UNITED STATES, NORTH AMERICAN DATUM OF 1983 (NAD83) EPOCH 2011, TEXAS NORTH CENTRAL ZONE (4202). L2 L1 ~ I q 2 a' cr N 00°16'51" W 95.33'(TIE) L3 L4 I EASEMENT W ENCROACHMENT N:6,981,243.22' 'I z E: 2, 387, 537.36' N Q W W _m U. �o o� oQ CO 2.) THIS DOCUMENT DOES NOT IN ANY WAY I ' REPRESENT A "BOUNDARY SURVEY" AS Y DEFINED BY T.A.C. 20' P.O.S.E. EASEMENT / I 1/2" IRF C CAB. A SLIDE 3958 P.R.T.C.T. / J 3.) THIS DOCUMENT IS BASED UPON AN ON — — — THE GROUND SURVEY PERFORMED DURING 41 CATION OF THIS DOCUMENT OIS ONLY26. TOTHE LOCATION OF TUBE DRIVE THIS EASEMENT IN RELATION TO RECORDED MONUMENTATION OF DEEDS PROVIDED BY ( 60' RIGHT—OF—WAY THE CLIENT. I HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A SURVEY ON THE GROUND ON THIS DAY MARCH 17, 2026 UNDER MY SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT EASEMENTS, ENCROACHMENTS AND PROTRUSIONS. 04-10-2026 eggs ere ro . an urveyor Sign Date Texas Registration No. 5647 11 14 S 0 30 60 Feet SCALE: 1 "=30' BELL INDUSTRIAL DISTRICT VOLUME 38&134, PACE 42 P.R.TCT LOT 8—A BLOCK 3 OWNER: EULESS INDUSTRIAL LLC DOC. NO. D222176787 D.R.T.C.T. s�Zv� �9�cc ,1!'' LEGEND M IRF = IRON ROD FOUND • = POINT FOR CORNER = SUBJECT PROPERTY LINE = ADJOINING PROPERTY LINE D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS CM = CONTROL MONUMENT c pt BEING A 38 SQUARE FEET TRACT OF LAND OUT OF THE 0000 00 000000000000 W.W. ANDERSON, ABSTRACT NUMBER 22, AND BEING A 0CARLCARLTON LEW00 PORTION OF A TRACT OF LAND DESCRIBED BY DEED TO 000000000gp S. 5647 RUSH TA LCC, ACCORDING TO DOCUMENT AS RECORDED UNDER DOCUMENT NUMBER 0220161664, OFFICIAL PUBLIC ° RECORDS, TARRANT COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1R-3A, BLOCK 4 OF BELL INDUSTRIAL DISTRICT, ACCORDING TO THE REPLAT AS RECORDED 1 SuR UNDER CABINET A, SLIDE 12303, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.), AND SAME BEING INSIDE OF A 5-FOOT UTILITY EASEMENT AS RECORDED IN CABINET A, SLIDE 3958, P.R.T.C.T. _D: MP SITE ADDRESS: SHEET :H: IC 10771 TUBE DRIVE I NO.: 26030006 HURST, TEXAS 76053 1 OF 2 TARRANT COUNTY, TEXAS EXHIBIT A EASEMENT ENCROACHMENT LEGAL DESCRIPTION 38 SQUARE FEET Being a 38 square feet tract of land out of the W.W. Anderson, Abstract Number 22, and being a portion of a tract of land described by deed to RUSH TA LCC, according to document as recorded under Document Number D220161664, Official Public Records, Tarrant County, Texas, same being a portion of Lot 1R-3A, Block 4 of Bell Industrial District, according to the replat as recorded under Cabinet A, Slide 12303, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and some being inside of a 5—foot utility easement as recorded in Cabinet A, Slide 3958, P.R.T.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at a calculated point for corner, said point having a Northing value of 6,981,243.22' and an Easting value of 2,387,537.36', being in the East Line of said Lot 1R-3A, and in the west right—of—way (R.O.W.) line of Bell Drive (60' right—of—way), for the southeast corner of the herein described Easement, from which a 1/2—inch iron rod found for the northeast corner of said Lot 1 R-3A, bears North 00 degrees 16 minutes 51 seconds West, a distance of 95.33 feet for reference and a 1/2—inch iron rod found for the southeast corner of said Lot 1R-3A, bears South 00 degrees 16 minutes 51 seconds East, a distance 261.59 feet for reference; THENCE over and across said Lot 1 R-3A the following courses and distances: North 42 degrees 00 minutes 56 seconds West, a distance of 7.51 feet to a point foi corner; North 00 degrees 16 minutes 51 seconds West, a distance of 7.51 feet to a point for corner; South 42 degrees 00 minutes 56 seconds East, a distance of 7.51 feet to a point for corner, in the west R.O.W. line of said Bell Drive; South 00 degrees 16 minutes 51 seconds East, a distance of 7.51 feet along the west R.O.W. line of said Bell Drive to the POINT OF BEGINNING, in all enclosing approximately 38 square feet of land, more or less. I HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A SURVEY ON THE GROUND ON THIS DAY MARCH 17. 2026 UNDER MY SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT EASEMENTS, ENCROACHMENTS AND PROTRUSIONS. -t- 04-10-2026 egistered Prof. Land Surveyor Sign Date Texas Registration No. 5647 �Eo�TDoTF D00000000000 5647 SU 6821 BAKER BLVD. STE. C FIELD: MP SITE ADDRESS: RICHLAND HILLS, TX TECH: IC 10771 TUBE DRNE SHEET PROFESSIONAL LAND s. -, OFFICE: 817.616.3105 2 OF 2 EMAIL: info@ytndtx.com JOB NO.: 26030006 HURST, TEXAS 76053 I w TARRANT COUNTY, TEXAS PLAN & PROFILE EASEMENT ENCROACHMENT #2 s 0 30 60 Feet — 30' 0 to 20 20 40 be tom-- - -- E SCALE: 1 "=10' LEGEND EXISTING MINOR CONTOURS 545 EXISTING MAJOR CONTOURS 550 MINOR CONTOURS 549 MAJOR CONTOURS 550 SWALE — — — — — HIGH POINTeP— nP-Hv- STORMPIPE RETAINING WALL DRAINAGE FLOW DIRECTION OUTLET STRUCTURE CONCRETE HEADWALL RIP RAP 6621 BAKER BLVD. STE. C FIELD: OR SITE ADDRESS: RICHLAND HILLS, TX TECH: OR 10771 TUBE DRIVE SHEET PROFESSIONAL LAND SURVEYMOFFICE: 817.616.3105 JOB NO,: 26030006 HURST, TEXAS 76053 4 EMAIL: info@tndtx.com TARRANT COUNTY, TEXAS EXHIBIT A EASEMENT ENCROACHMENT EXHIBIT BELL INDUSTRLAL DISTRICT CABINET A, SLIDE 12303 PR TCT LOT 1R-3B BLOCK 4 OWNER: DOE HOLDINGS INC. DOC. NO. D213278849 D.R.T.C.T. BELL IND USTRIAL DISTRICT CABINET A, SLIDE 72303 P_ R. T. C. T. OWNER: RUSH TA LLC INST. NO. D220161664 D.R.T.C.T. LOT 1R-3A BLOCK 4 3.242 ACRES 141,233 SO. FT. LINE TABLE LINE # BEARING DISTANCE L1 S00'16'51 "E 5.00' L2 S89'43'09"W 5.00' L3 N0016'51 "W 5.00' L4 N89'43'09"E 5.00' NOTE: 1.) BEARINGS, COORDINATES AND DISTANCES ARE BASED ON THE UNITED STATES, NORTH AMERICAN DATUM OF 1983 (NAD83) EPOCH 2011, TEXAS NORTH CENTRAL ZONE (4202). 2.) THIS DOCUMENT DOES NOT IN ANY WAY REPRESENT A "BOUNDARY SURVEY" AS DEFINED BY T.A.C. 3.) THIS DOCUMENT IS BASED UPON AN ON THE GROUND SURVEY PERFORMED DURING MARCH. 2026. CERTIFICATION OF THIS DOCUMENT IS ONLY TO THE LOCATION OF THIS EASEMENT IN RELATION TO RECORDED MONUMENTATION OF DEEDS PROVIDED BY THE CLIENT. 5' UTILITY EASEMENT CAB. A SLIDE 3958 P.R.T.C.T. EASEMENT L4� ENCROACHMENT 25 SQ. FT. J L3-7 L2—�l 20' P.O.S.E. EASEMENT CAB. A SLIDE 3058 — ——P.R.T.C.T. _ \ 1/2" IRF CM L , rn Z >%LU >� c� m �LL �o In oV) m Z f iA 6 0 30 60 Feet SCALE: 1 "=30' POINT OF BEGINNING EASEMENT ENCROACHMENT N: 6,981,009.13' E: 2,387,538.51' L1 -1 S 00°16'51" E 27.50' (TIE) 1/2" IRF CM TUBE DRIVE ( 60' RIGHT-OF-WAY ) 1 HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A SURVEY ON THE GROUND ON THIS DAY MARCH 17, 2026 UNDER MY SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT EASEMENTS, ENCROACHMENTS AND PROTRUSIONS. 04-10-2026 egistered Prof. Land Surveyor Ign a e Texas Registration No. 5647 BELL INDUSTRIAL DISTRICT VOLUME 388-134, PAGE 42 PRTCT LOT 8—A BLOCK 3 OWNER. EULESS INDUSTRIAL LLC DOC. NO. D222176787 D.R.T.C.T. 450 tIAz �° 20' P.O.&L EASEMENT VOL 388-134, PG. 42 P.R.T.C.T. LEGEND IRF = IRON ROD FOUND • = POINT FOR CORNER = SUBJECT PROPERTY LINE = ADJOINING PROPERTY LINE D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS (E°OFT� CM = CONTROL MONUMENT ° BEING A 25 SQUARE FEET TRACT OF LAND OUT OF THE AC AVID ARLTON 8000000 000000 EWW W ANDERSON, ABSTRACT NUMBER 22, AND BEING A $°° 0S 6y ° PORTION OF A TRACT OF LAND DESCRIBED BY DEED TO ° RUSH TA LCC, ACCORDING TO DOCUMENT AS RECORDED 0�0 5647 P" UNDER DOCUMENT NUMBER D220161664, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAME BEING °°o�FEOooa° A PORTION OF LOT 1 R-364 BLOCK 4 OF BELL l INDUSTRIAL DISTRICT, ACCORDING TO THE REPLAT AS �VQ SUFRECORDED UNDER CABINET A, SLIDE 12303, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R..C.T.), AND SAME BEING INSIDE OF A 5—FOOT UTILITY EASEMENT AS RECORDED IN CABINET A, SUDE 3958, P.R.T.C.T. 6821 BAKER BLVD. STE. C FIELD: MP SITE ADDRESS: RICHLAND HILLS, TX TECH: IC 10771 TUBE DRIVE SHEET OFFICE: 817.616.3105 108 NO.: 26030006 HURST, TEXAS 76053 1 OF 2 EMAIL: info@tndtx.com TARRANT COUNTY, TEXAS EXHIBIT EASEMENT ENCROACHMENT LEGAL DESCRIPTION 25 SQUARE FEET Being a 25 square feet tract of land out of the W.W. Anderson, Abstract Number 22, and being a portion of a tract of land described by deed to RUSH TA LCC, according to document as recorded under Document Number D220161664, Official Public Records, Tarrant County, Texas, same being a portion of Lot 1R-3A, Block 4 of Bell Industrial District, according to the replat as recorded under Cabinet A, Slide 12303, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and same being inside of a 5—foot utility easement as recorded in Cabinet A, Slide 3958, P.R.T.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at a calculated point for corner, said point having a Northing value of 6,981,009.13' and an Easting value of 2,387,538.51', being in the East Line of said Lot 1R-3A, and in the west right—of—way (R.O.W.) line of Bell Drive (60' right—of—way), for the northeast corner of the herein described Easement, from which a 1/2—inch iron rod found for the northeast corner of said Lot 1 R-3A, bears North 00 degrees 16 minutes 51 seconds West, a distance of 329.42 feet for reference and a 1/2—inch iron rod found for the southeast corner of said Lot 1R-3A, bears South 00 degrees 16 minutes 51 seconds East, a distance 27.50 feet for reference; THENCE over and across said Lot 1R-3A the following courses and distances: South 00 degrees 16 minutes 51 seconds East, a distance of 5.00 feet along the west right of way line of said Bell Drive to a point for corner; South 89 degrees 43 minutes 09 seconds West, a distance of 5.00 feet to a point for corner; North 00 degrees 16 minutes 51 seconds West, a distance of 5.00 feet to a point for corner; North 89 degrees 43 minutes 09 seconds East, a distance of 5.00 feet to the POINT OF BEGINNING, in all enclosing approximately 25 square feet of land, more or less. I HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A SURVEY ON THE GROUND ON THIS DAY MARCH 17. 2026 UNDER MY SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT EASEMENTS, ENCROACHMENTS AND PROTRUSIONS. — — (;�� 04-10-2026 Registered Prof. Land Surveyor Sign Date Texas Registration No. 5647 0 0080000000 00 0000000000� AVID CARLTON LEWI 00000000000000000000000g0, o.o 5647 Po° 0 SUR��� 6821 BAKER BLVD. STE. C RICHLAND HILLS, TX FIELD: MP SITE ADDRESS: OFFICE: 817.616.3105 TECH: IC 10771 TUBE DRIVE EMAIL: info@tndbc.com JOB NO.: 26030006 HURST, TEXAS 76053 SHEET 2OF2 EXHIBIT B Franchise Utility Letters Tier IT Easement Encroachment Agreement Page 12 of 13 Standard/Revised From: Balcazar. Saul To: Henry. Cannon Cc: Merrick. Kandice N Subject: RE: [EXT] RE: PN26-00059 (Tube Drive Parking Lot Project) Date: Thursday, July 9, 2026 4:04:08 PM Attachments: imaoe001.ono imaae002.ono REV2 PN26-00059 - N ESMT Sioned.odf REV2 PN26-00059 - S ESMT Sianed.odf EXHIBIT 4 - Tube Dr. Site Plan Exhibitodf Cannon, Our mapping records indicates there is not a gas line inside utility easement shown in the attached exhibits. With that being said, Atmos has no objection to the construction of the proposed improvements over the utility easement at this location. Thanks, Saul Balcazar, PE Mgr Engineering Services i Atmos Energy Corporation Mid -Tex Division 214-984-6015 Saul.Balcazar@atmosenergy.com www,atmose,ngray, corn From: Henry, Cannon <Cannon.Henry@fortworthtexas.gov> Sent: Thursday, July 9, 2026 3:41 PM To: Balcazar, Saul <Saul.Balcazar@atmosenergy.com> Cc: Merrick, Kandice N <Kandice. Merrick @fortworthtexas.gov> Subject: [EXT] RE: PN26-00059 (Tube Drive Parking Lot Project) You don't often get email from ca�i ;.l�e��v `fort«��rtht iti t «ti. learn wily tt7is i,, iwi octant Saul, Please find attached the information as requested. I will pass your contact information on for the Manager of that section. Saul.bateazat(latmosenetgy corn 214-984-6015 Cannon.... Cannon R. Henry, P.E., CFM Assistant Director - Infrastructure Division Development Services Office 817-392-7909 Cell 817-350-3425 100 Fort Worth Trail, Fo.rt...W,.xtb,...T.X...7_61p2 CONNECT WITH US. `..._......_.........._......... ----.- From: Henry, Cannon Sent: Thursday, July 9, 2026 8:52 AM To: B(Dbby.Oney(a%atniosenerg,�.com; ieff.kn::iphts (u'atr'nosenerZy.com Cc: Merrick, Kandice N<Kandici=.A/1f�rrick(d)fortworthte.xas.Fo+,> Subject: PN26-00059 (Tube Drive Parking Lot Project) Bobby, Jeff and Bob, Please see the attached exhibit. have an encroachment agreement request that was sent over to you by Keith Fischer for a parking lot project at the intersection of Tube Drive and Bell Drive, roughly a month ago. Your group is the last group that we are waiting on for approvaVdenial of the request. And the applicant is anxious to begin. Is there anything additional that you may need or something that we can provide to assist in this review. Thanks, Cannon.... Cannon R. Henry, P.E., CFM Assistant Director - Infrastructure Division Development Services Office 817-392-7909 Cell 817-350-3425 100 Fort Worth Trail, FprLVJQrthIX.7W2 CONNECT WITH US. C.-Iat&t July 9, 2026 RE: Tarrant County Bell Industrial District Block4, Lot 1R-3A 10771 Tube Dr, Fort Worth, Texas Street Right of Way and Utility Easement Encroachment Request In response to the request for encroachment on the Right of Way of Bell Drive, on the property referenced above, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for proposed drainage enhancements as shown on the attached sketch. Plat showing easement found in Tarrant County Clerk Map Records, Cabinet A, Slide 12303. 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 damage to facilities would be at your expense. Please let me know if you have any questions. Sincerely, Kd+ma Wc`U.� Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841@,att.com E TARRANT COUNTY TEXAS SITE PLAN IN, LLJ uj TUBE STREET Spectrumoo. July 9, 2026 Megan Cameron Go ntro [ter (817) 267-5155 10765 Tube Drive Hurst, TX 76053 w %%w.rushcomechanicai.com ORushCo Enema Specialists, Inc. RE: Letter of no objection Location: 3533 Bell Dr, Hurst, TX 76053 After reviewing your request, I have found no conflicts. Spectrum Communications hereby states there are no objections to the proposed construction at the above location. Spectrum Communications retains the right to access any remaining partial or full utility easements on the property for the purpose of future construction or maintenance of existing facilities. Please contact the Texas Excavation Safety System htt s: _,texas8ll,org to have facilities marked & located within affected easements before digging. Sincerely, John Janusik I Business Development Specialist 1776 N Greenville Ave I Richardson, TX 75081 email: jo11n.. nusik@spO,-ttllm.c4i]1 office: (214) 319-4904 mobile: (214) 724-5815 *Please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to DL-NTX-External-Reauests@charter.com Share this information with whoever needs these services. EXHIBIT C Certificate of Insurance Tier IT Easement Encroachment Agreement Page 13 of 13 Standard/Revised COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4 99 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 04 19 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us a soo a practi able and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim o defe se against the "sui ", and o herwise comply with all policy conditions. 4) Tender the defense and i dem i y o any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affe t whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Se tion V — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF CO ERAGE — his endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability — Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership, joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION II — WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces aragraph b. of the definition of "occurrence" In the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental med cal services", first aid or "Good Samaritan services o a person, unles ou are in the busines r occupation of providing profes ional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unles ou are n the business or occupation of providing profes ional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental med cal services y any of your "employee% ho is a nurse, nurse assistant, emergen y me al techni is or paramed c; or (b) First aid or "Good Samaritan services" by any of your "employees r volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services uring their work hours for you will be deemed to be a t ng wi hin the scope of their employment by yo o performing duties related to the conduct of your business. 3. The following replaces he last sentence of Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes f eter i ing the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental med cal services", first aid or "Good Samaritan services" to any one person will be deemed o be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury' or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. S. The following is added to the DEFINITIONS Section: "Incidental med cal se v ce " m a s: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatmen , advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or med cal dental o surgi al supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance s xces ver any valid and collectible other insurance, whether primary, exces , contingent or on any other basis, that is available to Jny of your "employees" for "bodily injury" that arises ut of providing or failing to provide "incidental medical services" o any person "toothy extent not subject td) Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph B., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that i sured' right of recovery against any person o o gan zation, we waive our right of rec very again t uch person or organization, but only for payments we make because f a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution o the ontract or agreement. E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces aragraph c. of the def n tion of "insured contract" in the DEFINITIONS Section: c. Any easement or I cense agreem nt; Page 2 of 3 © 2017 The r velers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing 9 m d u If all of the t er insurarrft�er i s ontribution by equal shares we i I fo low this met o Iso. Under th s approach e h in ure co t ibutes equal amounts until it has paid its applicable limit of insurance r one f he I ss re a ns, whichever comes first. If any of the o h r i sura ce do s no pe contribution by eq a shares we will contribute by limits. Under th s m t o, e h i sure 's share s based n he ratio of its applicable limit of insurance to the total applicable li i s o insurance f a I i surers. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree ri ten co t a t o agree t tha the ura ce o d d to a insured under t is Cover g art must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available o such insured which cover such insured s a e ure , and we will not share with that other insurance, provided that: (1) The "bodily injury" or "propery damage" or which cover g s ought occurs; and (2) The "personal and advert sin i j ry fo which cover g s sought is caused by an offense h t s ommitted; subseq e t to the si n ng o tha co tr ct o t o agree t by y u S. Premium Audit a. We will compute a I p e m f r h s Co e Part in accordance T h o r rules n rates b. Premium shown in this Cover g art as advance premium is a dep s t rem um o ly. At the close f a h audit period we will compute the earned pre i m fo th t pe iod and send ndtiae o he fi st Na a ure . The du da e for audit and retrospective r m ums is the a e shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is �grebter than the earrddc premium, we will return the excess to the first Named Insured c. The first Named nsured u t kee e the information we nee o pre computation, and send us copies a such t m s as we may req e t. u s 6. Representations By accepting this policy, you agree: a. The statem n s n the Declarations a e accurate n omplete; b. Those tatem n s are ased upon re re i n y u m d o us; and c. We ave ssued this policy in reliance pon your representations. The unintentional omission of, or unintentional er or in, any information provided y you which we relied upon in issuing this policy will not prejudice your rights under this insurance. Howev r this provision does no a fect o r ri h to co lect additional premium or to ex r ise u rights of cancellation or nonren w I n a cordance i h a plicable insurance laws or reg lations. 7. Separation Of Insureds Excep with respect to the Limits of Insurance, n any rights or duties specifically a sig ed n his Cover g art to the first Named nsured his insurance p lies: a. As if ea h Named nsured were the n y Named I s red; and b. Sep r t ly to ea h insured g inst whom claim is made o "sui " i b o g t 8. Transfer Of Rights Of Recovery Against Others To Us If the n ured has rights to rec v r II or part of any paymen we ha e nde thi Co erage art, those rights are ransferred o s. The insured must do nothing after loss to impair them At o r req e t, the i sure wi I bri g "sui " o tra sfe those ights to us and help us enforce h m 9. When We Do Not Renew If we e i e or n w h s Co e art, we ill mail or deliver to the fi st Na e n ure shown in the Declarations written notice f he nonren wa not less th n Oda s be o et e e pi a ion date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Adver isement" mea s a no ice that is broadcast or published to the gen r I ublic or specific market seg e t a o t y ur go ds, pro u is or services for the purp se racting customer r upporter . o the p r o e t is definition: Notices that are ublished n lude materal I ce he Int rn t o o omitar electronic mea s o co m ni a ion; and b. Reg r ing websites, o I tha pa t o a website that is about your goods, products or services for the pur o e racting customer or supporter i co si e t se e t Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Texa,Smutuar WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 4/20/26 at 12:01 a.m. standard time, forms a part of: Policy no. 0002046801 of Texas Mutual Insurance Company effective on 4/20/26 Issued to: RLISHCO ENERGY SPECIALISTS INC NCCI Carrier Code: 29939 This is not a bill i/ ice•- i Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 4/8/26 WC420304B FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Rush TA, LLC Subject of the Agreement: Easement Encroachment needed for new construction M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Date of Director's signing If different from the approval date. Expiration Date: 30 yrs from Director's signing If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. PN26-0059 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.