HomeMy WebLinkAboutContract 56411 Date Received: Oct 5,2021 City Secretary No.: 56411
Time Received: 10:03 am
AGREEMENT
FOR MAINTENANCE OF NON-STANDARD
IMPROVEMENTS
THIS AGREEMENT FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS
("Agreement"), is by and between the City of Fort Worth, a Texas home rule municipal corporation
("City") and GPIF CD HOTEL,LLC ("Developer"). City and Developer are sometimes referred to
as a Party or Parties. This Agreement will be effective as of the Effective Date established herein.
SECTION 1
DESCRIPTION OF PROPERTY
1.01 Developer is the owner of certain property in Fort Worth, Tarrant County, Texas, located
Northwest Corner of Camp Bowie and Van Cliburn Way, Fort Worth, Texas, 76107, and depicted on
"Exhibit A",attached and incorporated into this Agreement (the "Developer Property").
1.02 The City and Developer hereby agree that Developer will provide, furnish, and perform the
services specified herein on City-owned sidewalks and right-of-ways (the "Project Site") located
adjacent to the Developer Property, as further described in this Agreement in "Exhibit B",attached
and incorporated into this Agreement.
SECTION 2
DUTIES AND RESPONSIBILITIES
2.01 Developer shall commence, carry on, and provide the services contemplated in the Contracts
(as defined herein) in accordance with this Agreement and its attachments and all applicable laws. hi
providing such services, Developer shall take such steps as are appropriate to ensure that the work
involved is properly coordinated with any related work performed by the City or the City's
authorized representative.
2.02 Developer represents that it has or will secure, at its own expense, all materials, supplies,
machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and
services necessary to provide maintenance of the following elements ("Improvements"), all of which
are to be installed pursuant to and as more particularly described in the contract for construction
services between Developer and Andres Construction and Beck Group (general contractor
name), Developer's contractor, ("Construction Contract"),which is the subject of Community Facilities
AgreementNo.CFA21-0009,CFA21-0032("CFA")between Developer and the City of Fort Worth(such
Construction Contract and CFA are referred to herein as "Contracts"):
a. Description of items to be maintained — 21 concrete planters,4 planter benches, 8 planter
pots,2 cast iron tree grates, 2 paver tree grates, 17 litter bins and 3 bike racks.
2.03 Developer shall maintain the areas described in Section 2.02 in good working condition so that
Maintenance Agreement—City of Fort Worth OFFICIAL RECORD
MAINT21-005,MAINT21-006
CITY SECRETARY
FT. WORTH, TX
the Improvements perform their design function. If pursuant to n o t i c e from the City, Developer is
made aware of any deficiency in the safe and proper functioning of the Improvements described in
Section 2.02 then Developer shall promptly inspect the Improvements and submit an inspection report
to the City. Such inspection report shall (1) note any areas described in Section 2.02, or portions
thereof, which need maintenance or replacement to perform their design function and (11) address the
corrective actions to be taken by Developer in accordance with Section 2.06 of this Agreement.
2.04 The City shall be responsible for maintaining its streets and travel lanes excluding the special
pavement treatments described above in accordance with normal City policies and procedures. The
City shall take such steps as are appropriate to ensure that the work involved is properly coordinated
with any related work performed by Developer or the Developer's authorized representative.
2.05 In the event that any City-owned property, such as utilities, c u r b s , equipment, turf,
tr e e s, etc., are damaged or destroyed during maintenance of the improvements due to negligence
or acts of omissions by Developer, Developer shall be responsible for all repairs or replacements of
same.
2.06 In the event Developer, its successor or assigns, fails to maintain the areas described in
Section 2.02 in the manner required by this Agreement, City shall provide written notice of the
non-compliant conditions to Developer, its successor or assigns. Developer, its successors or
assigns, shall make any necessary repairs to comply with this Agreement within thirty (30) days
of receipt of such written notice or, if such repairs are not reasonably able to be completed within
thirty (30) calendar days, Developer shall have, within that period, begun work on such repairs
and shall diligently pursue them to completion, provided, however, that if the non-compliant
conditions creates a condition which poses an immediate threat to life, health, or property such
repair shall be completed within thirty (30) days of receipt of written notice. If Developer, its
successors or assigns, does not make such repairs as provided herein, the City may enter upon
the Project Site and take whatever steps reasonably necessary to correct the non-compliant
conditions and to charge the costs of such repairs to Developer, its successors and assigns.
2.07 The City is not obligated to repair the Improvements beyond a level of City's standard
specifications. In the event, however, the City pursuant to this Agreement performs any
work of any nature that is Developer's obligation hereunder and which Developer has failed to
perform, or the City expends any funds in performance of said work for labor, use of equipment,
supplies, materials, and the like that is Developer's obligation hereunder and which Developer has
failed to perform, Developer, its successors or assigns, shall reimburse the City,within thirty (30)days
of the City making such demand, for the costs attributable to such work performed by the City
including: (1) the cost difference between the City's standard street specifications and the
Improvements installed by the Developer and (11)the total cost of any repairs that are outside of the
street pavement area. In the event that Developer or its successors or assigns fails to pay the City for
the costs incurred under this section, the City may take whatever legal steps are necessary to recover
from Developer all reasonable and actual costs incurred by the City for the work performed.
SECTION 3
TERM OF AGREEMENT
The term of this Agreement shall commence upon the Effective Date and shall continue until the
earlier of(1) Developer's permanent removal of the Improvements from the Project Site and restoration
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of the Project Site to the then-existing City standards or (11)the earlier termination of this Agreement
as provided herein.
SECTION 4
TITLE AND CONSTRUCTION
The Parties acknowledge that the Improvements to be maintained as provided in this Agreement
are the subject of the Contracts and that all necessary reviews, approvals, consents, inspections and
modifications of such Improvements, if any, have been or will be made pursuant to those Contracts.
Subject to the provisions of the Contracts, Developer shall retain ownership of the landscaping, special
sidewalk and pavement pavers, benches, project signage, special lighting and other Improvements
installed or located in the City right-of-way pursuant to the Contracts.
SECTION 5
RIGHT OF ACCESS
5.01 City through its Manager, Transportation and Public Works Director, police and fire personnel,
and other designated representatives, has the right at any time to enter any portion of the Project Site
(without causing or constituting a termination of the use or an interference of the use of the Project
Site by Developer) for the purpose of inspecting and maintaining same and taking any and all measures
necessary for the proper conduct and operation of City property; provided this shall not authorize or
empower the City to direct the activities of Developer or assume liability for Developer's activities.
5.02 The City will have the right but not the obligation to make routine inspections of the Project
Site. In the event the City observes non-compliance of an area or a condition which poses a threat
to life, health, or property, the City shall notify Developer in writing in accordance with Section
2.06 of this Agreement.
SECTION 6
INDEMNIFICATION
6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
DEVELOPER'S BUSINESS AND ANYRESULTING LOST PROFITS)AND/OR PERSONAL
INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii)ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI) OR
SUBCONTRACTORS, RELATED TO MAINTENANCE OR THE PERFORMANCE OF
DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT, EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND
CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
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ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED ASA WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY
AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
6.02 Developer, its successors or assigns,covenants and agrees that City shall in no way nor under
any circumstances be responsible for any property belonging to Developer, its members, employees,
agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen,
destroyed, or in any way damaged, and the Developer hereby releases the City from any and all
such claims. The City does not guarantee police protection and will not be liable for any loss or
damage sustained by Developer, its members, employees, agents, contractors, subcontractors,
invitees, licensees, or trespassers on the Project Site. It is further agreed that the acceptance of this
release shall not constitute a waiver by the City of Fort Worth of any defense of governmental
immunity, where applicable. or any other defense recognized by the statutes and court decisions of
this State.
SECTION 7
INSURANCE
Developer shall not commence work under this Agreement until it has obtained and provided
documentation thereof for the insurance required by Exhibit C, attached hereto and
incorporated herein. Developer shall be responsible for delivering to the City Developer's certificate
of insurance for approval. Any contractors performing maintenance on the Improvements shall also
provide to Developer and City documentation of insurance required by Exhibit C.
SECTION 8
INDEPENDENT CONTRACTOR
Developer shall perform all work and services hereunder as an independent contractor and not as
an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and
the exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, and employees
and sub-consultants/subcontractors. Nothing herein shall be construed as creating a partnership or joint
venture between the City and Developer, its officers, agents, employees and sub
consultants/subcontractors, and doctrine of respondeat superior has no application as between the
City and Developer.
SECTION 9
LICENSES AND PERMITS
Developer shall comply with all federal, state and local laws, rules and regulations as well as with
all regulations, restrictions and requirements of the police, fire and health departments now or
hereafter in effect which are applicable to its operations. Developer shall obtain and keep in effect
at its own cost and expense all licenses, permits, and taxes incurred or required in connection with
this Agreement and its operations hereunder.
SECTION 10
LIENS
Developer, its successors or assigns, agrees that it shall do no act nor make any contract that may
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create or be the foundation for any lien upon or interest in the City's property, and any such contract
or lien attempted to be created shall be void. Should any purported lien on City property be created
or filed, Developer, its successors or assigns, at its sole expense, shall discharge same within thirty
(30)days after notice from City to do so.
SECTION 11
TERMINATION AND DEFAULT
11.01 Subject to the provisions of Section 11.02 below, in the event Developer fails to comply with
any of the terms and conditions of this Agreement after notice and the passage of the appropriate
cure period provided in this Agreement, City shall have the right, and without further notice,to declare
this Agreement immediately terminated and to enter into and take full possession of the City's i nterest
in the Project Site, save and except such personal property and equipment as may be owned by
Developer. In the event of such termination of this Agreement by the City, all rights, duties and
privileges of Developer hereunder shall cease and terminate.
11.02 Developer shall be notified by written correspondence of Developer's failure to comply with
any of the terms and conditions of this Agreement. Developer shall have thirty (30) calendar days
from the date of written correspondence to correct deficiencies or, if such deficiencies are not
reasonably able to be corrected within thirty (30) calendar days, Developer shall have, within that
period, begun work on such corrections and shall diligently purse them to completion.
11.03 Upon termination, the parties shall be released from all obligations contained in this
Agreement except for any indemnification obligations pursuant to Section 6 of this Agreement
occurring prior to the effective date of such termination.
11.04 Termination notice shall be considered rendered three business days after being placed in the
United States Postal Service for delivery to the other party in accordance with Section 13.
SECTION 12
NON-DISCRIMINATION/DISABILITIES
Developer, in its installation or maintenance of the Improvements, o f occupancy or use of the Project
Site, shall not discriminate against any person or persons because of race, age,gender, religion, color,
national origin, sexual orientation, or disability nor will Developer permit its officers, agents,
employees or subcontractors to engage in such discrimination.
SECTION 13
NOTICES
Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and addressed
to the other party as follows:
CITY:
City of Fort Worth
Transportation &Public Works Department
Attn:AssistantDirector
Maintenance Agreement—City of Fort Worth Page 5 of 15
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200 Texas Street
Fort Worth, Texas 76102
With copy to:
City Attorney's Office
200 Texas Street
Fort Worth,Texas 76102
DEVELOPER:
GPIF CD HOTEL, LLC
777 Main Street, Suite 2260
Fort Worth,TX 76102
SECTION 14
VENUE AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought
to interpret or enforce, or ari sing out of or incident to,the terms of this Agreement shall be in Tarrant
County. Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
SECTION 15
ASSIGNMENT
15.01 Developer agrees that it will not assign all or any part of its rights, privileges or duties
hereunder without the prior written consent of the City and any attempted assignment of same
without such prior consent of the City shall be void except that Developer may, without prior
written consent,assign any or all of its rights, privileges or duties hereunder to an affiliate (defined
as an entity under common control with Developer) or to an authorized Public Improvement District
whose boundaries include the Project Site("Allowed Assignment")orto the purchaser of the Developer
Property as provided in Section 15.03,below. In the event of an Allowed Assignment, Developer will
notify the City within thirty (30) days of such assignment. If notice of an Allowed Assignment is
not provided within thirty (30) days to the City such assignment shall be void. In the event of an
assignment permitted above, Developer shall automatically be released from any further obligation
or liability under this Agreement.Notwithstanding the foregoing, or anything in this Agreement to
the contrary, it is understood and agreed that Developer will contract or subcontract various parts of
its obligations hereunder to others to perform on behalf of Developer, and such contracting or
subcontracting is expressly permitted hereunder.
15.02 Subject to the limitations contained herein, the covenants, conditions and agreements made
and entered into by the parties hereunder are declared to be for the benefit of and binding on their
respective successors, representatives and permitted assigns, if any.
15.03 Notwithstanding anything herein to the contrary, no provision of this Agreement shall be
construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise transfer the
Developer Property or any part thereof. Upon any such transfer of the Developer Property, the
benefits and obligations of this Agreement shall run with the Developer Property, or portion
thereof, and bind Developer's successors in interest in proportion to the interest in the Developer
Property so transferred.
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SECTION 16
WAIVER, SECTION HEADINGS, AND SEVERABILITY
16.01 In the event any covenant, condition or provision herein contained is held to be invalid by any
court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no
way affect any other covenant, condition or provision herein contained; provided however,that the
invalidity of any such covenant, condition or provision does not materially prejudice either
Developer or City in connection with the rights and obligations contained in the valid covenants,
conditions or provisions of this Agreement.
16.02. The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
16.03 The headings in this Agreement are inserted for reference only, and shall not define or limit
the provisions hereof.
SECTION 17
RECORDATION
This Agreement shall be recorded in the Real Property Records of the applicable county and shall
be a covenant running with the land binding upon all parties having any right, title or interest in
the Developer Property and Project Site, or any part thereof, including their heirs, successors and
assigns, and shall inure to the benefit of the owners of the Developer Property and Project Site and to
the City.
SECTION 18
ENTIRE UNDERSTANDING
18.01 This written instrument including all Attachments, Schedules, and Exhibits attached hereto
constitutes the entire agreement by the Parties concerning this Agreement and the obligations of the
Parties, and any prior or contemporaneous oral or written agreement that purports to vary from the
terms hereof shall be void. This Agreement cannot be modified or amended without the written
consent of all the Parties.
18.02 Neither this Agreement nor any provision hereof may be modified except by an instrument
in writing, signed by the Parties. This Agreement shall be binding upon and inure to the benefit of
the Parties and their respective successors and assigns.
18.03. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which,taken together, shall be one and the same instrument. Electronic signatures and
facsimile,pdf or other copies of original signatures shall be binding as originals.
[Signature Pages and Exhibits Follow]
Maintenance Agreement—City of Fort Worth Page 7 of 15
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IN WITNESS WHEREOF, the Parties have each executed this Agreement by each party's duly
authorized representative. This Agreement shall be effective upon the execution and date subscribed
by the City's designated City Manager("Effective Date").
CITY OF FORT WORTH DEVELOPER:
GPIF CD HOT ,LLC
��
Ry:DJDJ Ha 4,202116:53 CDT) _ By:
D_3-Harrell.Director NA E: Kevin Crum
City of Fort Worth TITLE: Senior Vice President
Date:
uct 4,ZuZ I Date: q/
— �-
Approved as to Form and Legality
986�vl
By:DBlack(Oct4,2021 I&V CDT) M&C: ---_
Douglas Black
Assistant City Attorney
Date: Oct 4,2021
ATTEST .�,A*-0o�R T���
Od
PO
" 0OooActing City Secretary d000 ��
( 00000000 ICY
Date: Oct 5,2021 �t4LEXps�ga
Contract Compliance Manager
By signing, 1 acknowledge that I am the person
responsible or the monitoring and administration of
this contract, including ensuring all performance
re rhn rments.
Janie S. Morales
Development Services
OFFICIAL RECORD
Maintenance Agreement—City of Fort Worth CITY SECRETARY
MniN1721-005,MniNr21-006 FT. WORTH, TX
THE 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 DJ Harrell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she 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 4th -- day of
October- 120 21
,�p.RYPGe JENNIFER L. EZERNACK Jennifer L. Digitally signed by
i Notary Public
.► * STATE OF TEXAS Jennifer L.Ezernack
,^� GV y Date:2021.10.0417:01:25
P Notary I.D. 130561630 Ezernack
9�oF My Comm.Exp.Mar. 1,2024 -05'00'
Notary Public in and for the State of Texas
OFFICIAL RECORD
Maintenance Agreement—City of Fort Worth
MA1NT21-005,MAINT21-006 CITY SECRETARY
FT. WORTH, TX
THE STATE OF TEXAS §
COUNTY OF 4A+;L-AS'FAV 4tAl-§
BEFORE ME, the undersigned authority, a Notary Public in (Md� for the ,State of Texas, on
this day personally appeared K-(i v% �UI.VV�y jewto1(VIGe [Yeh(d"t', known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as
as GPIF CD Hotel LLC, a Delaware limited liability company, as the act and deed of said liability
company.
GI(VEN� UNDER MY HAND AND SEAL OF OFFICE this 2�YhJ day of
�u 1peV ,20 2•`
PENNY ESPINOSA
`�IPPY PVB'�i
Notary Public,State of Texas
I�: - Comm. Expires 06-23-2023
�'%;�o���.`� Notary ID 6829284
Notary Pub in an for the State of Texas
OFFICIAL RECORD
Maintenance Agreement-City of Fort Worth CITY SECRETARY
MAINT21-005,MAINT21-006
FT. WORTH, TX
EXHIBIT A
PROPERTY DESCRIPTION
Northwest Corner of Camp Bowie and Van Cliburn Way, Fort Worth, Texas, 76107
Lots 1R and 2R, Block 5, Van Zandt's Hillside Addition
Maintenance Agreement—City of Fort Worth Page 11 of 15
MAINT21-005,MAINT21-006 Revised 12/28/2018 JLE
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Maintenance Agreement—City of Fort Worth Page 12 of 15
MAINT21-005,MAINT21-006 Revised 12/28/2018 JLE
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PROPOSED PEDESTRIAN LIGHT -
LINEA 450 LVC
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EXHIBIT B: MULTIFAMILY LIGHT MAINTENANCE
CULTURAL DISTRICT HOTEL AND MULTIFAMILY 10' 125' 150' 1100'
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MATCHLINE: REF. EXHIBITA - MULTIFAMILY
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EXHIBIT B: HOTEL LIGHT MAINTENANCE
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BRZ-Dark
Bronze
CC-Custom RAL
Color
Ordering Information
LN800;
450 4LVC/2LVC UNV C 26SR
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CULTURAL DISTRICT HOTEL AND MULTIFAMILY
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BLK-Matte Black
BRZ-Dark Bronze
CC-Custom RAL
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LN450 2LVC UNV
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EXHIBIT B- LIGHT MAINTENANCE
CULTURAL DISTRICT HOTEL AND MULTIFAMILY
L35 I LOT LINE TABLE
LINE NUMBER LINE BEARING LINE LENGTH
/ L1 N27°05'44"W S.OD
L31 L2 N62°54'16"E 5.00
LOT 'I R, BLOCK 5
L32 ® L3 S27°05'44"E 5.00
2.635 ACRES Lao }
L4 S62°54'16"W 5.00
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L26 j L6 N62°54'16"E S.OD
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L 19 L10 N62°54'16"E S.00
L20 L11 S27°05'44"E 5.00
L18
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L21 N90°00'00"W 5.00
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CRESCENT CULTURAL DISTRICT L24 SO°00'00"E 5.00
L25 N90°00'00"W 5.00
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w AND VAN CLI BU RN WAY Les So°oD'DD"E 5.00
L29 N90°00'00"W S.OD
L30 NO°00'00"E 5.00
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L37 N90°00'00"W 5.00
1 L38 NO°00'00"E 5.00
L39 N90°00'00"E 5.00
L 69 L 66 L40 SO°00'00"E 5.00
rr-L65 L
L63 L61 L57 62 L58 L41 N90°00'00"W 5.00
STREET L42 ND°00'00"E 5.00
L 71 L43 N90°00'00"E 5.00
0 5 L44 SO°00'00"E 5.00
L45 N90°00'00"W 5.00
L72 L67 L68 L64 L60 L53
L46 NO°00'00"E 5.00
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z L4 L49 N90°00'00"W 5.00
L4 L50 NO°00'00"E 5.00
LOT 1 R, BLOCK 5 L46 L51 N90°00'00"E 5.00
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L43 ( L53 N90°00'00"W 5.00
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GARAGE L44 ( L55 N90°00'00"E 5.00
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L37 L58 N90°00'00"E 5.00
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CRESCENT CULTURAL DISTRICT
L61 SO°00'00"E 5.00
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ENCROACHMENT EXHIBIT L62 N90°00'00"E 5.00
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NW CORNER OF CAMP BOWIE BOULEVARD L63 NO°00'00"E 5.00
w AND VAN CLI BU RN WAY L64 N90°00'00"w 5.00
L65 SO°00'00"E 5.00
L66 N90°00'00"E 5.00
N
L67 NO°00'00"E 5.00
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[5121327-1011 CULTURAL DISTRICT OFFICE AND MULTIFAMILY
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SCALE: 1"-50' N 0 R T H
BRICK PAVER DROP SLAB DIMENSION:
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t= 411
DROP SLAB AREAS TO BE NO GREATER TPAN 4005F WITPOUT
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1705 guadalupe street
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5/8" CRUSHED BASALT
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1705 guadalupe street
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[512]3 1 CULTURAL DISTRICT OFFICE AND MULTIFAMILY
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T3/T3-
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T3/T4- GG-Graphite
Upper/Lower Grey
BLK-Matte
Black
BRZ-Dark
Bronze
CC-Custom RAL
Color
Ordering Information
LN800/
4So 4LVC/2LVC UNV C 26SR
.hess - LINEA 450 LVC DETAILS
TBG
1705 guadalupe street
suite n EXHIBIT B- LIGHT MAINTENANCE
austin,tx 78701
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GG-Graphite
Tr,-Type IV Grey
BLK-Matte Black
BRZ-Dark Bronze
CC-Custom RAL
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Ordering Information
LN450 2LVC UNV
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1705 guadalupe street
suite n EXHIBIT B- LIGHT MAINTENANCE
austin,tx 78701
[5121327-1011
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® ® ® LOT LINE TABLE
3 L82 VAN LIBURN AY
L L 81 L7 3 LL73 LINE NUMBER LINE BEARING LINE LENGTH
L73 N90°00'00"E 5.00
L74 NO°00'00"E 5.00
L84 L L L75 So°00'00"E s.00
L 9 L7
L86 L88 L \ L76 N90°00'00"W 5.00
OT �� ^ L77 N90°00'00"E 5.00
L85 I l�1 .615 AC ES L78 NO°00'00"E 5.00
0 70,333 SQ RE ET L79 S0100100"E 5.00
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\ L8g ° L92 o L81 N90°00'00"E 5.00
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\ L99 L89 S62°5T15"W 5.00
L90 N27°06'45"W 5.00
\ �\ L91 N62°53'15"E 5.00
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L93 S62°53'15"W 5.00
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L104 L103
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L96 S27°06'45"E 5.00
CRESCENT CULTURAL DISTRICT
L97 N27°06'45"W 5.00
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w AND VAN C L I B U R N WAY uoo S27°06'45"E 5.00
L101 N27°06'45"W 5.00
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124 LINE NUMBER LINE BEARING LINE LENGTH
-- -- - L 123 L105 N90°00'00"W 5.00
L 109 L106 NO°00'00"E 5.00
L107 L111 L1i L115 L120
L 108 L 112 L 116 L 119 L107 50°00'00"E 5.00
L 117 I = L108 N90°00'00"E 5.00
L 125 L109 N90°00'00"W 5.00
f m L110 NO°00'00"E 5.00
1-111 SO°00'00"E 5.00
L 127
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(n L 126 L113 N90°00'00"W 5.00
m �
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-n D L 130 L117 N90°00'00"W 5.00
y L 129 L118 NO°00'00"E 5.00
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70,333 SQUARE FEET L 138 L123 So°00'00"E 5.00
L 137 VL139 L124 N90°00'00"E 5.00
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L128 SO°00'00"E 5.00
CRESCENT CULTURAL DISTRICT
L129 N90°00'00"W 5.00
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ENCROACHMENT EXHIBIT L130 NO°00'00"E 5.00
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NE CORNER OF CAMP BOWIE BOULEVARD L131 N90000'00"E 5.00
L132 so°oo'oo"E 5.00
AND VAN CLI BU RN WAY
L133 N90000'00"W 5.00
a
L134 NO°00'00"E 5.00
N
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N
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L137 N90°00'00"W 5.00
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EXHIBIT C
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate limit,
it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL,using ISO additional insured endorsement or a substitute
providing equivalent coverage, and under the commercial umbrella, if
any. This insurance shall apply as primary insurance with respect to any
other insurance or self-insurance programs afforded to City. The
Commercial General Liability insurance policy shall have no exclusions
or endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless City specifically approves such exclusions in writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto—Insured shall maintain business auto liability and,if necessary,
commercial umbrella liability insurance as follows:
$1,000,000 each accident(or reasonably equivalent limits of
coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course of the Project.
If Insured owns no vehicles, coverage for hired or non-owned is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered
by the business auto liability or commercial umbrella liability insurance
obtained by Insured pursuant to this Agreement or under any applicable auto
physical damage coverage.
c. Workers' Compensation — Insured shall maintain workers compensation and
employers liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Maintenance Agreement—City of Fort Worth Page 13 of 15
MAINT21-005,MAINT21-006 Revised 12/28/2018 JLE
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease -each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered
by workers compensation and employer's liability or commercial umbrella
insurance obtained by Engineer pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — If appropriate, Insured shall
maintain professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
E&O. Either is acceptable if coverage meets all other requirements. Coverage
shall be claims-made, and maintained for the duration of the contractual
agreement and for three(3)years following completion of services provided. The
policy shall contain a retroactive date prior or equal to the Effective Date of the
Agreement or the first date of services to be performed, whichever is earlier. An
annual certificate of insurance shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not constitute
a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured
thereon, subject to any defense provided by the policy, as its interests may
appear. The term City shall include its employees, officers, officials, and agents
as respects the contracted services. Applicable policies shall each be endorsed
with a waiver of subrogation in favor of City with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies documented
thereon. Insured's insurance policy(s) shall be endorsed to provide that said
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
Insured's liability shall not be limited to the specified amounts of insurance
required herein.
d. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. City must approve in writing any
alternative coverage for it to be accepted.
Maintenance Agreement—City of Fort Worth Page 14 of 15
MAINT21-005,MAINT21-006 Revised 12/28/2018 JLE
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VH or equivalent measure of financial strength
and solvency.
g. Any deductible or self-insured retention in excess of$25,000 that would change
or alter the requirements herein is subject to approval in writing by City, if
coverage is not provided on a first-dollar basis. City, at its sole discretion, may
consent to alternative coverage maintained through insurance pools or risk
retention groups. Dedicated financial resources or letters of credit may also be
acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Contract Compliance Manager any known loss or occurrence which
could give rise to a liability claim or lawsuit or which could result in a
property loss.
i. City shall be entitled, upon its request and without incurring expense, to review
Insured's insurance policies including endorsements thereto and, at City's
discretion, Insured may be required to provide proof of insurance premium
payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of any
coverage required to be maintained after final payments.
1. City shall not be responsible for the direct payment of any insurance premiums
required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same or
reasonably equivalent insurance coverage as required for Insured. Upon City's
request, Insured shall provide City with documentation thereof.
Maintenance Agreement—City of Fort Worth Page 15 of 15
MAINT21-005,MAINT21-006 Revised 12/28/2018 JLE