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HomeMy WebLinkAboutContract 41897 CITY SECRETARY CONTRACT TEMPORARY ACCESS PERMIT AND WORKSPACE LICENSE AGREEMENT FOR VINYARDS AT HERITAGE PARK This Temporary Access Pe Heritage Park ("permit„ unit and Workspace License is made and entered into b Agreement for Vinyards at (hereinafter referred to as " of the State of Texas, acting a home-rule municipal corporation between the City of Fort g by and through its duly t st organized under the laws HOME Lone Star, Inc. Y authorized and through its duly authorized Executives V to as " Assistant City Manager, and KB Company"), a Texas corporation, Vice President—Sales, Marketing nnd Studio. acting by The following statements are true and correct and c City has executed the Permit: onstitute the basis upon A P which the The City owns a certain piece of propert (the "Park"), 5280 Alta Loma Drive, Fort Worth known as Vin described as Block 3 Y�'ds at Heritage park the City of Fort Worth, 8 of The Vineyards At Heritage more particularly Tarrant County. y g Addition, an addition to B. Company wishes to use certain designated workspace and for the construction and installation ben portions of the P line and a sanitary 'k as temporary y sewer line, which will become dedicated public the Park of a water their completion and acceptance by the City. public lines following C. The City has reviewed Company's nest an the designated portions of the Park in accordance agrees to grant Company this Permit. the terms and conditions of I• Term Agreement The term of this permit shall consist of one Y ("License Period"). The license Period shad of sixt business day followin Y (60) consecutive ("Commencement Date") the date on which this Permit on the tenth Commencement Date ("Exp- iration shall end at 11:59 p.m. rmit is executed by ( Expiration Date" on the sixtieth day following City no use of or access to the Park or the Licensed Premises Y g the ). Except as otherwise provided in Section XIV, designated License Period, shall be allowed outside of Com an g the P Y s light in the Licensed Premises hereunder shall be fully and absolutely terminate and Pr of se further f the License Period except as otherwise provided in strictly limited and shall force and effect at the conclusion of Provided in Section XIV, after the License Period ends to the Licensed Premises shall Section XIV. Except as otherwise automatically ' all rights of the Com any in and documentation, fully and unconditional] terminate,Y and no right of entry or use of the Licensed Premises t o e need for �I� ny further II• Consideration- shall have Li uidated Dama `Cl�'Y SECRETARY es for Holdover 11; WORTH, '�( Company's construction of a water and sewer line that will become dedicated public lines Access Permit and Workspace License Agreement for vinyards at Heritage Park ark following their completion and acceptance by the City shall serve as consideration for the use of the Licensed Premises, and no License Fee is being imposed in this instance. However, to ensure Company's diligence in complying with this Permit and to minimize impact to the Park, if the Company fails to vacate the Licensed Premises on or before the Expiration Date, the Company agrees to pay the City, as the City's sole and exclusive remedy for the Company's failure to vacate the Licensed Premises prior to the Expiration Date, liquidated damages of Six Hundred Twenty Five Dollars ($625.00) per day for each day beyond the Expiration Date that the Company continues to occupy the Licensed Premises. This amount is the equivalent of a monthly rental rate of approximately one dollar per square foot, which the parties agree reasonably approximates the actual damages to the City for delay in regaining full and unencumbered use of the property. III. Licensed Premises Subject to the terms and conditions set forth in this Permit and the City Charter and ordinances, for and in consideration of the consideration to be provided hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to the Company during the License Period the use of the following four tracts of land (collectively the "Licensed Premises") located in Vinyards at Heritage Park (the "Park"), 5280 Alta Loma Drive, Fort Worth, Texas 76244: TRACT ONE—SEWER LINE BEING a 0.102 acre tract of land situated in the John Edmonds Survey, Abstract No. 457, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site) of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 6723, Plat Records, Tarrant (PRTCT), being a portion of that tract of land as described in deed tot e County, City of Fort Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described as follows: BEGINNING at a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found in a southeasterly line of said Lot 8, Block 3, at the most westerly corner of a tract of land as described in deed to KB HOME LONE STAR, INC., recorded in D209121153, DRTCT, and a north corner of a remainder portion of TRACT 14 as described in deed to Hillwood/2500 Ltd., recorded in Volume 9409, Page 1403, DRTCT; THENCE traversing said Lot 8, Block 3, as follows: N 59°59'06" W, a distance of 4.53 feet; S 60°10'52" W, a distance of 282.13 feet; N 29°49'08" W, a distance of 15.00 feet; N 60°10'52" E, a distance of 290.76 feet; Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 2 of 19 S 59°59'06" E, a distance of 17.77 feet to a point in the southeasterly line of said Lot 8, Block 3 and the northwesterly line of said KB HOME LONE STAR, INC. tract, from which a 5/8" rebar with a yellow plastic cap stamped "Carter& Burgess" found bears N 47°05'32" E, 1282.47 feet; THENCE S 47 005'32" W, along the southeasterly line of said Lot 8, Block 3 and the northwesterly line of said KB HOME LONE STAR, INC. tract, a distance of 15.69 feet to the POINT OF BEGINNING and containing 4,464 square feet or 0.102 acre of land. The location of Tract One is shown on Exhibit A-1, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. TRACT TWO—SEWER LINE TEMPORARY WORKSPACE BEING a 0.148 acre tract of land situated in the John Edmonds Survey, Abstract No. 457, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site) of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 6723, Plat Records, Tarrant County, Texas (PRTCT), being a portion of that tract of land as described in deed to the City of Fort Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described as follows: COMMENCING at a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found in a southeasterly line of said Lot 8, Block 3, at the most westerly corner of a tract of land as described in deed to KB HOME LONE STAR, INC., recorded in D209121153, DRTCT, and a north corner of a remainder portion of TRACT 14 as described in deed to Hillwood/2500 Ltd., recorded in Volume 9409, Page 1403, DRTCT; THENCE N 47 005'32" E, along the southeasterly line of said Lot 8, Block 3 and the northwesterly line of said KB HOME LONE STAR, INC. tract, a distance of 15.69 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE departing the northwesterly line of said KB HOME LONE STAR, INC. tract, traversing said Lot 8, Block 3, as follows: N 59 059'06" W, a distance of 17.77 feet; S 60 010'52" W, a distance of 290.76 feet; N 29 049'08" W, a distance of 20.00 feet; N 60 010'52" E, a distance of 302.27 feet; S 59°59'06" E, a distance of 35.42 feet to a point in the southeasterly line of said Lot 8, Block 3 and the northwesterly line of said KB HOME LONE STAR, INC. tract, from which a 5/8" rebar with a yellow plastic cap stamped "Carter& Burgess" found bears N 47°05'32" E, 1261.55 feet; Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 3 of 19 THENCE S 47°05'32" W, along the southeasterly line of said Lot 8, Block 3 a nd the northwesterly line of said KB HOME LONE STAR, INC. tract, a distance 20.92 feet to the POINT OF BEGINNING and containing 6,462 s feet of square 0.148 acre of land. 9 or The location of Tract Two is shown on Exhibit A-2, which is attached incorporated herein for all purposes as though it were set forth at length. hereto and TRACT THREE_ WATER LINE BEING a 0.213 acre tract of land situated in the John Edmonds Survey, Abstract City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 No. 457, of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant Texas as recorded in Cabinet A, Slide 6723, Plat Records, Park Site) County, (PRTCT), being a portion of that tract of land as described din deed tote County,City Texas Worth, recorded in D201148547, Deed Records, Tarrant County, Texas DCity ),Fort being more particularly described as follows: ( RTCT), and COMMENCING at a 1/2" rebar found at a reentrant corner in the northerly line said Lot 8, Block 3, being the southeast corner of Lot 7, Block 3 of saidT of Vineyards At Heritage; he THENCE N 00°05'33" W, along a reentrant line in the northerly line of said Lot 8, Block 3 and along the east line of said Lot 7, Block 3, a distance of 37.9 to the POINT OF BEGINNING of the herein described tract of land; 3 feet THENCE N 00 005'33" W, continuing along said reentrant line in the northerly line of said Lot 8, Block 3 and the east line of said Lot 7, Block 3 a distance of 16.29 feet to the southwest corner of Lot 1, Block 1, Shiver Road Elementary of School No. 2, an addition to the City of Fort Worth Tarrant County, T entary recorded in Cabinet A, Slide 10603, PRTCT, from which a cut "Y" found at t Texas as northwest corner of the final plat of said Lot 1, Block 1, Shiver Road Elementary e School No. 2 bears N 00 005'33" W, 969.16 feet; ta THENCE N 66°55'45" E, departing the east line of said Lot 7, Block 3 al northerly line of said Lot 8, Block 3 and the southerly line of said Lot 1, Block a distance of 374.99 feet; k 1, THENCE S 54 013'52" E, departing the southerly line of said Lot 1 Bl traversing said Lot 8, Block 3, a distance of 250.03 feet to a ock 1, northwesterly line of a tract of land as described in deed to KB HOMEnLO a in STAR, INC., recorded in D209121153, Deed Records, Tarrant Count from which a 5/8" rebar with a yellow plastic cap stamped "Carter &County, found bears N 47°05'32" E, 1192.72 feet; urges" THENCE S 4705'32" W, along said northwesterly line of said KB HOME LONE STAR, INC, tract, a distance of 15.30 feet to the southeast corner of the described tract of land, from which a 5/8" rebar with a ellow herein Y plastic cap stamped Access Permit and workspace License Agreement for Vinyards at Heritage Park Page 4 of 19 "Carter & Burgess" found at the most westerly corner of said KB HOME LONE STAR, INC. tract bears S 47 005'32" W, 90.15 feet; THENCE departing said northwesterly line of said KB HOME LONE STAR, INC. tract, traversing said Lot 8, Block 3, as follows: N 54 013'52" W, a distance of 238.57 feet; S 66°55'45" W, parallel to and 15.00 feet southeasterly of the said northerly line of said Lot 8, Block 3, a distance of 372.89 feet to the POINT OF BEGINNING and containing 9,274 square feet or 0.213 acre of land. The location of Tract Three is shown on Exhibit B-1, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. TRACT FOUR— WATER LINE TEMPORARY WORKSPACE BEING a 0.290 acre tract of land situated in the John Edmonds Survey, Abstract No. 457, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site) of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 6723, Plat Records, Tarrant County, Texas (PRTCT), being a portion of that tract of land as described in deed to the City of Fort Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described as follows: COMMENCING at a 1/2" rebar found at a reentrant corner in the northerly line of said Lot 8, Block 3, being the southeast corner of Lot 7, Block 3 of said The Vineyards At Heritage; THENCE N 00 005'33" W, along a reentrant line in the northerly line of said Lot 8, Block 3 and along the east line of said Lot 7, Block 3, a distance of 16.20 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE N 00 005'33" W, continuing along said reentrant line in the northerly line of said Lot 8, Block 3 and the east line of said Lot 7, Block 3 a distance of 21.72 feet to a point, from which a cut "Y" found at the northwest corner of the final plat of Lot 1, Block 1, Shiver Road Elementary School No. 2, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 10603, PRTCT bears N 00 005'33" W, 985.45 feet; THENCE departing the east line of said Lot 7, Block 3, traversing said Lot 8, Block 3, as follows: N 66 055'45" E, parallel to and 15.00 feet southeasterly of the northerly line of said Lot 8, Block 3, a distance of 372.89 feet; S 54 013'52" E, a distance of 238.57 feet to a point in the southeasterly line of said Lot 8, Block 3 and a northwesterly line of a tract of land as described in deed to KB HOME LONE STAR, INC., recorded in Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 5 of 19 D209121153, Deed Records, Tarrant County, Texas, from which a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess"@ found bears N 47 005'32" E, 1208.02 feet; Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 6 of 19 i. THENCE S 47 005'32" W, along the southeasterly line of said Lot 8, Block 3 and said northwesterly line of said KB HOME LONE STAR, INC. tract, a distance of 20.40 feet to the southeast corner of the herein described tract of land, from which a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found at the most westerly corner of said KB HOME LONE STAR, INC. tract bears S 47 005'32" W, 69.75 feet; THENCE departing said northwest line of said KB HOME LONE STAR, INC. tract, traversing said Lot 8, Block 3, as follows: N 54°13'52" W, a distance of 120.40 feet; S 35 046'08" W, a distance of 10.00 feet; N 54°13'52" W, a distance of 58.53 feet; N 35°46'08" E, a distance of 10.00 feet; N 54°13'52" W, a distance of 44.35 feet; S 66°55'45" W, a distance of 370.09 feet to the POINT OF BEGINNING and containing 12,634 square feet or 0.290 acre of land. The location of Tract Four is shown on Exhibit B-2, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. The parties agree and acknowledge that the bearings used in describing the boundaries of all four tracts are referenced to the east line (S 00° 05' 21" E) of TRACT 14 as described in Limited Warranty Deed to HILLWOOD/2500, LTD., recorded in Volume 9409, Page 1403, Deed Records, Tarrant County, Texas. IV. Acceptance of Licensed Premises The Company takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. The Company accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that Company is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. The Company accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. The Company's taking possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the Company waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to the Com an its agents, em to ees contractors subcontractors"i invitees Access Permit and Workspace License Agreement for vinyards at Heritage Park Page 7 of 19 licensees, or guests for any damage to any person or property due to the acts or omissions of the Company, its agents, employees, contractors or subcontractors unless such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors V. Use Not Exclusive This Permit and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Licensed Premises as provided herein. This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. VI. Limitations on Use The Company may not initiate any construction on the Licensed Premises (including, but not limited to, any excavation work) until Company has provided the City with a copy of a valid Floodplain Development Permit issued by the City Floodplain Administrator for this project. The Company shall schedule a pre-construction meeting with staff in the Parks and Community Services Department at least three (3) business days prior to initiating any construction on the Licensed Premises (including, but not limited to, any excavation work). The pre-construction meeting shall be for purposes of outlining Company's plans and schedules regarding: (i) construction and installation of the water and sewer lines, (ii) minimizing construction impact on vegetation and the Park in general, and (ii) restoration of all affected parkland and amenities. All Company equipment and materials shall be placed and maintained solely within the confines of the Licensed Premises. Company understands and acknowledges that access to the Licensed Premises shall be accomplished from Company's property located to the east of the Park. Use of any portion of the Park outside of the Licensed Premises shall not be permitted. Company acknowledges that a creek crosses the Licensed Premises. Company shall ensure that this creek shall remain unobstructed throughout the construction process and the License Period. At no time shall the creek be dammed or blocked by equipment or vehicles. Company may lay steel plating across the creek to serve as a bridge for crossing, provided, however, that Company shall ensure that such plating does not unreasonably impede or impair water flow through the creek bed. Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 8 of 19 All portions of the water and sewer lines shall be installed at a minimum depth of four (4) feet below grade and in accordance with standards mandated by the City's Water Department. Company is authorized to use an open trench method in constructing and installing the water and sewer lines save and except for those portions of the lines that will intersect the creek bed. For portions of the lines that cross the creek bed, Company shall employ a bore method for construction and installation, with such bore being placed a minimum of four (4) feet below the lowest point in the creek bed and in accordance with standards mandated by the City's Water Department, the City's Floodplain Administrator, and all applicable requirements of federal, state, and local laws and regulations. Those portions of the lines that must be constructed and installed using a bore method are illustrated on Exhibit C, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. In the event Company's actions cause material damage to the creek bed, Company shall be assessed a penalty equal to twice the actual cost incurred by the City in restoring the creek bed to its previous condition. In accessing and using the Licensed Premises and installing the water and sewer lines, Company shall comply with all of its obligations and responsibilities under this Permit and under any and all applicable, federal, state, or local law, rule, or ordinance, including standards mandated by the City's Water Department with respect to the construction and installation of these types of water and sanitary sewer lines. VII. Public Safety Company shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Company's use of the Licensed Premises and the Park. At a minimum, Company shall: (i) maintain the existing chain link fencing along the boundary line between the Park and the Keller Independent School District property on which Friendship Elementary School (the "School") is located; and (ii), following consultation with the Keller Independent School District, erect a controlled-access entry at the western end of the boundary line between the Park and the School property in the form of a gate, chain link fence, or similar structure to ensure that unauthorized individuals cannot enter the Park. Following installation of the controlled-access entry, the Company shall contact the Parks and Community Services Department to inspect for proper installation. The controlled-access entry shall be kept locked when not in use. At no time shall any fenced area be left open unless staffed by security personnel. In addition, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. Company shall also take all reasonably necessary precautions and shall provide all reasonably necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Company; (b) all work performed on or from the Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody, or control of the Company, or the Company's employees, agents, contractors, or subcontractors, regardless of whether such Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 9 of 19 material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. The Company shall be required to apply for all necessary permits to ensure that installation, equipment, materials, and finished water and sewer lines meet the requirements of the City's Water Department and the Parks and Community Services Department. Staff from both departments shall be entitled to inspect the work during and after the installation process. VIII. Protection of the Environment The City has no knowledge of any Hazardous Materials on, under, over, or about the Park or the Licensed Premises as of the execution date of this Permit and hereby represents and warrants that it shall not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Company shall not handle or store any Hazardous Materials on the Premises or the Park, except that the Company may, in compliance with applicable environmental laws, use and store Hazardous Materials in such amounts and types that are commonly used in connection with pipeline boring operations, provided, however, that Company specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. Company shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" or"underground storage tank," as those terms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Company on the Licensed Premises shall be posted on site and a list shall be given to City. Company shall take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. IX. Documenting Condition of Licensed Premises Company must provide the Parks and Community Services Department with videographic documentation of the condition of the Licensed Premises, including underground utilities, as they exist both before and after installation of the new water and sewer lines. All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre-installation condition at least five (5) business days prior to the date on which the License Period will commence under Section I of this Permit. Post-installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Parks and Community Services Department staff will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 10 of 19 been done to the Licensed Premises. X. Minimizing Impact to Vegetation Company shall not cut or remove any trees on the Licensed Premises. To minimize damage during construction, the Company shall install orange mesh fencing on the outside drip line of trees and other vegetation specifically identified by the Parks and Community Services Department at a pre-construction meeting. Company shall notify this department once the tree and vegetation protection measures have been installed and allow the department an opportunity to inspect the work before construction begins. The City shall have at least two business days following the date on which notice is received to conduct its inspection. The Company may begin construction on or after the third business day following the date on which it provided notice to the City unless the City contacts the Company and identifies specific issues that render the tree and vegetation protection measures unacceptable. If any tree within the Park is damaged in connection with Company's operations, Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit D. XI. Minimizing Impact to Utilities If the Company encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of installing the new water or sewer line, the Company covenants and agrees to cease construction operations and install protective matting over or around such utilities in compliance with specifications approved by the City's Water Department (for all water- related utilities) or by the Parks and Community Services Department (for all other utilities). Following installation of the matting, Company shall contact the Parks and Community Services Department to arrange for inspection and approval by appropriate City personnel. The Company shall provide the Parks and Community Services Department with a copy of the City's inspection report within twenty-four (24) hours of receiving the report and prior to resuming construction in the Park. The Company may resume construction on the next day after the date on which it provides the inspection report and specifications to the Parks and Community Services Department unless that department contacts the Company and identifies specific issues that must be addressed. XIL Restoration of Improvements To the extent any property, fence, or other improvement is destroyed, removed, or altered in connection with the Company's activities under this Permit, the Company shall, prior to the Expiration Date, reconstruct and restore such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Permit is fully executed, as evidenced by the pre- installation video required under Section IX of this Permit. XIII. Restoration of Surface and Subsurface of Licensed Premises To the extent any portion of the surface or subsurface of the Licensed Premises or of the Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page I I of 19 Park is damaged or disturbed in connection with Company's activities under this Permit, the Company shall, prior to the Expiration Date, ensure any subsurface area is promptly filled with clean fill dirt up to the level of the surrounding ground. Company shall ensure any fill dirt is compacted to a minimum 90% compaction ratio and in accordance with all applicable laws. Company shall provide the City with a report or other written documentation acceptable to the Parks and Community Services Department to demonstrate that compaction was performed in accordance with this section. In performing earthwork in the Park or Licensed Premises, the Company shall adhere to the Policies outlined in Exhibit F, which is attached to this Permit and incorporated herein for all purposes as though it were set forth at length. In addition, Company shall, prior to the Expiration Date, restore the surface of the Licensed Premises by: (1) establishing replacement turf of Common Bermuda grass in accordance with the specifications outlined in the attached Exhibit E and using reseeding, sodding, or other method approved by the Parks and Community Services Department; and (ii) watering these areas as needed until the replacement vegetation is reasonably established and has been approved and accepted by the Parks and Community Services Department. Prior to planting, Company shall provide the Parks and Community Services Department with documentation certifying the type and quality of the materials to be planted. The Parks and Community Services Department may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit E or is otherwise unacceptable for one or more specific, clearly identified reasons. XIV. Discretionary Limited Access to Care for and Establish Vegetation Company may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Parks and Community Services Department at least two weeks prior to the Expiration Date. Replacement vegetation or seed must be in place at the time the request is made. The Parks and Community Services Department may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the Expiration Date. During the Limited Access period, no Company materials or equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation and temporary fencing used to protect areas being restored. Company's use of the Licensed Premises under Limited Access in accordance with this Section shall not constitute holdover or a delay in restoration for purposes of Section I or Section XV. XV. Delay in Restoration To ensure Company's diligence in complying with this Permit and to minimize impact to the Park and except as otherwise provided in Section XIV, if the Company fails to complete all required restoration on or before the Expiration Date, the Company agrees to pay the City liquidated damages of Six Hundred Twenty Five Dollars ($625.00) per day for each day beyond the Expiration Date that restoration remains incomplete. This amount is the equivalent of a monthly rental rate of approximately one dollar per square foot, which the parties agree reasonably approximates the actual damages to the City for Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 12 of 19 delay in regaining full and unencumbered use of the property. XVI. Removal of Excavated Materials Company shall ensure that all drilling mud spoils and all excess material excavated by or for Company is removed from the Park and properly disposed of within twenty-four (24) hours of excavation unless such material is stored in a containment facility. Material stored in a containment facility may remain on the Licensed Premises no longer than ten (10) calendar days following the date of excavation. XVII. Submission of As-Built Plans for Water and Sewer Lines The Company shall, at its sole cost and expense, provide the City with four (4) paper copies and two (2) electronic copies of the as-built plans for all portions of the water and sewer lines located within the Park, including all associated maps and other supporting documentation. In addition, the Company agrees to fully cooperate with the City in ensuring that the water and sewer lines are accurately reflected in the City's mapping systems. XVIII.Liability; Indemnification Company agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Company, its agents, employees or representatives, including all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. Company covenants and agrees to and does hereby indemnify, hold harmless, and defend, at its own expense, City, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the acts or omissions of the Company, its officers, agents, employees, subcontractors, invitees, licensees, and trespassers. Company likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, loss, or destruction to property of City during the performance of any of the terms and conditions of this Permit. However, the indemnity provided for in this paragraph shall not extend 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 the Company and the City, responsibility and liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. Nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of the State of Texas. Company covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and Company hereby indemnifies and holds harmless City from any and all such claims. City does not guarantee police protection and will not be liable for any loss or damage sustained by Company, its Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 13 of 19 members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. Company agrees that City shall not be liable for any loss, injury, or damage whatsoever suffered or incurred by Company or Company's agents, employees or representatives while on the Licensed Premises, unless caused by the City's willful or gross negligence. XIX. INSURANCE Duty to Acquire and Maintain Company shall ensure that a policy or policies of insurance are procured and maintained at all times, in full force and effect, to provide coverage of the types and amounts specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence, or location of the Park and the construction, installation, operation, maintenance, repair, reconstruction, or condition of the pipeline. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Types and Amounts of Coverage Required Commercial General Liability: $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (1) Premises Liability; (ii) independent contractors, iii leted operations; iv ( ) products/com P P (� ) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage Property Damage Liability: $1,000,000.00 per occurrence Umbrella Policy $5,000,000.00 Environmental Impairment Liability (EIL) Wor Pollution Liability $2,000,000 per occurrence $5,000,000 aggregate Automobile Liability- $1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non-owned motor vehicles used in conjunction with the rights granted under this Permit Worker's Com pensation: As required by law Employer's Liability: $1,000,000.00 per accident Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 14 of 19 Revisions to Required Coverage At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Permit. Company agrees that within thirty (30) days of receipt of written notice from the City, all such revisions requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City. Underwriters and Certificates Company shall ensure that insurance is procured and maintained with underwriters who are authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Permit, Company shall ensure that City is furnished with certificates of insurance signed by the respective companies as proof that the types and amounts of insurance coverage required herein have been obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. Deductibles Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. No Limitation of Liability The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Permit or law. XX. Prohibition Against Liens The Company shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed, the Company shall, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to do so XXI. Notices All notices required or permitted under this Permit shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 15 of 19 below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To COMPANY: Director Terah Paul Parks and Community Services Manager of Forward Planning City of Fort Worth KB HOME LONE STAR, INC. 4200 South Freeway, Ste 2200 2845 West Airport Freeway, Suite 140 Fort Worth, Texas 76115 Irving, Texas 75062 With a copy to: With a copy to: Department of Law Matthew S. Stark City of Fort Worth Regional Counsel Attn: Denis C. McElroy KB HOME 1000 Throckmorton 10800 Pecan Park Boulevard, Suite 200 Fort Worth, Texas 76102 Austin, Texas 78750 Pieter D. Kessels Manager Pelagic Development Group, LLC 10300 North Central Expressway, Suite 110 Dallas, Texas 75231 XXII. Independent Contractor It is expressly understood and agreed that Company shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Company and installation of the pipeline and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Company. XXIII.Prohibition Against Assignment The Company may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXIV. Compliance with Laws and Regulations In operating under this Permit, Company agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances, charter Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 16 of 19 provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments. Company will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Permit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit. If the City calls the attention of Company to any such violation on the part of said Company or any person employed by or admitted to said Licensed Premises by Company, Company will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXV. Taxes The Company acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXVI. Third Parties Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit of any person not a party to this Permit, or to create any rights not otherwise existing at law for the benefit of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that may be asserted by Company or the City as to any claim of any third party. XXVII. Force Maieure; Homeland Security If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If the Licensed Premises or any portion thereof shall be destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event, the City may, in its reasonable discretion and after consulting with Company, either cancel or reschedule the Company's activities. The Company hereby waives any claim against City for damages by reason of any such rescheduling or cancellation. If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company activity in the interest of public safety. Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 17 of 19 XXVIII. Headings The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Permit. XXIX. Choice of Law; Venue This Permit shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Permit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXX. Governmental Powers It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers. XXXI.Authorization By executing this Permit, Company's agent affirms that he or she is authorized by the Company to execute this Permit and that all representations made herein with regard to Company's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXXII. Entirety of Agreement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Company as to use of the Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Permit. This Permit shall not be amended unless agreed to in writing by both parties. By executing this Permit, Company agrees to and accepts the terms, conditions and provision contained herein. [SIGNATURES APPEAR ON FOLLOWING PAGE] Access Permit and Workspace License Agreement fbi Vinyards at Heritage Park Page 18 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Permit this 1 ` , 2011 in Fort Worth, Tarrant County, Texas. day of KB HOME Lo Star Inc." City of Vwllworth By: By: Q'eam'A Marcia Dillon Susan la is Executive VP— S ales, Marketing and Studio Assistant City Manager Date: (,/7 Date: A d as to F rm and Legality: y By. Denis C. Elroy Assistant City Attorney �14 � L —191-10 ATTEST: ATTEST: Ter B Tera .Paul y' px� P-(� Manager of Forward Planning arty Hendrix g City Secretary ,a � GCB 0 40� J`o S o 00000000000 b �4444 rp OFFICIAL RECORD CITY SECRETARY FT.WORTH,T Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 19 of 19 EXHIBIT " A-1 " A GRAPHIC SCALE 1"=100' LINE DATA / 0 100 LINE BEARING DISTANCE L1 N59'5906"W 4.53' i L2 S60'1052"W 282.13' / L3 N29'49'08"W 15.00' L4 S59'59'06" 17.77' IL— L5 S47'05'32'W 15.69' i LOT 1, BLOCK i / SHIVER ROAD ELEMENTARY SCHOOL No. 2 i CAB. A. SL. 10603 P.R.T.C.T. i i (VINEYARDS AT HERITAGE PARK) LOT 8, BLOCK 3 THE VINEYARDS AT HERITAGE CAB. A, SL. 6723 P.R.T.C.T. �2'QGi �ti26 9Ji P / RvEY CITY OF FORT WORTH 1<0,�ZGPP��C JON' ED AC DN 5 q57 0.R.T.C.T. ABSTR i KB HOME LONE STAR, INC. SANITARY SEWER �1 �q 0209121153 D.R.T.C.T. ALIGNMENT 4,464 SD.�+FT. 2gQ16 "--ACCESS 0.102 AC. \ POINT 2 E \ PROPOSED 8" SEWER LINE •►1Q APPROXIMATELY 265 POW 6Q �2 G\ \ LINEAR FEET N / BBGDMG \ i \� 5/8'R.C.F. (CARTER 6 BURGESS) \ \ 20 CITY OF FORT WORTH \ PERMANENT SEWER LINE EASEMENT 0205271521 REMAINING PORTION O R.T c.T. / TRACT 14 \ \ HILLWOOD ALLIANCE RESIDENTIAL, L.P. \ FORMERLY KNOWN AS o i HILLW000/2500 LTD. VOL. 9409, PG. 1403 w 0200192455 3 0.R.T.C.T. N m 0 a r w z G(GO WWI Preliminary, this Scale I "=100 Sheet -MARSHALL document Date i 5/5/1 1 N shall not be 1 0 CIVIL ENGINEERS—PLANNERS—SURVEYORS an purposes Job No. 10152 0 of ° 2405 MustangDrtve,Grapevine,Tx.78051 Issued for review Draftedi T. J. M. ' Metro(817)329 4373 Wed May 25 17:00:12 2011 LO Checked i J. S. B. w EXHIBIT "A-2 " GRAPHIC SCALE 1"=100' 6 %0%r—� LINE DATA / 0 100 LINE BEARING DISTANCE L1 N47'05'32"E 15.69' ' L2 N59'59'06"W 17.77' ' L3 N29'49'08"W 20.00' / L4 S59'59'06"E 35.42' L5 S47"05 32"W 20.92' LOT 1. BLOCK I SHIVER ROAD ELEMENTARY SCHOOL No. 2 / CAB. A. SL. 10603 P.R.7.C.T. i i (VINEYARDS AT HERITAGE PARK) / / L07 B. BLOCK 3 /./ THE VINEYARDS AT HERITAGE CAB. A, SL. 6723 P.R.T.C.T. ti G�, Suj�VEY CITY OF FORT WORTH QlV q5 D201148547 C�, oil E MAC No. 7 D.R.T.C.7. �2 PPt�P ASST TRACT TWO P 'P� KB HOME LONE STAR, INC. ��1e 02009121153 20' TEMPORARY 0 WORK SPACE , 6,462 0.14E QAC..T 022 FjJ—A o NS T PO]Dff 01F 0. `lam EGINNING N POINT OF OF comma ` (CARTER 6 BURGESS) PROPOSED TRACT ONE \ � SANITARY SEWER ALIGNMENT / (BY SEPARATE INSTRUMENT) ` 0 REMAINING PORTION ' TRACT 14 ' HILLWO00 ALLIANCE RESIDENTIAL, L.P. o / FORMERLY KNOWN AS u HILLWOOD/2500 LTD. g VOL. 9409, PG. 1403 w 0200192455 ~ D.R.T.C.T. w N N Q } w Z GODWr Nl Preliminary, this Scale 1 "=100 ' w Sheet _h1ARSH[ALL g sNaaltlnot he Date 5/5/11 1 W CIVIL ENGINEERS—PLANNERS—SURVEYORS any purpose. Job No. t 10152 S of Issued for review Drafted u 2105 Mustang Drive,Grapevine,T) 78051 T. J. M. Metro(8177)329-373 Wed May 25 16:59.52 2011 N Checked J. S. B. s W EXHIBIT "B-1 " ,nr II GRAPHIC SCALE 1"=100' I LIMB DATA o 100 LINE BEARING DISTANCE L1 N00'05'33"W 16.29' L2 S47'05'32"W 15.30' 7 I e � W I � LOT S, BLOCK 1 SHIVER ROAD ELEMENTARY SCHOOL No. 2 i CAB. A. SL. 10603 P.R.T.C.T. W / FI THE V NEYARDS AT H RITAGE i CAB. A.T.C.T. TRACT THREE f0 ' LOT 9 WATER ALIGNMENT Z(VINEYARDS BT BLOCKAGE PARK) BLOCK q I 9,274 SO. FT. THE VINEYARDS AT HERITAGE —J' ► m 0.213 AC. CAB. A, SL. 6723 P.R.T.C.T. ALDRNE A CHAIN LINK FENCE 31 A 99 �y S POINTS 66•Fj�J 3�2 1�•�$�',, �,a�titi�06 j 6 I BLOT K73 66.95 PROPOSED 6" WATER LINE �y Cj APPL�NEARTFEET595 �• J POINT OF 2 (VINEYARDS$ IN(I AT HERITAGE PARK) �i �\ -ACCESS -- LOT B, BLOCK 3 �?, POINT 3 THE VINEYARDS AT HERITAGE Gj CAB. A. SL. 6723 •O jy KB HOME LONE STAR, INC. P.R.T.C.T. a'��Q D209121153 m 1� D.R.T.C.T. POINT OF L-0 rn CITY OF FORT WORTH C' CO rlcnva D.R.T.C.T. o^ D.R.T.C.T. Y 112R.F. om DS S�R � Z ',OHA S O C No 457 REMAINING PORTION TRACT HILLWOOD ALLIANCE RESIDENTIAL, L.P. FORMERLY KNOWN AS / HILLWDOD/2500 LTD. VOL. 9409, PG. 1403 D200192455 / / D.R.T.C.T. o / n / ¢ / W H Q 3 a Q IF GOOD NI TPreliminary, this EgE:l 100 ' Sheet __MARS HL6LE. g e /11 1 W CIVIL ENGINEERS—pLANNFJiS_SURVE 152 8 of 2�os o�n,.,orapevine,rx.7606eview I. M. ' Metro(817)329-4373 16:59:31 20 S. B. W I EXHIBIT "B-2 " LINE DATA GRAPHIC SCALE 1"=100' ) I LINE BEARING DISTANCE L1 N00'05'33"W 21.72' 0 100 L2 S47*05'32"W 20.40' L3 N54*1352"W 120.40' L4 S35*46'08 10.00' L5 N54'13'52"W 58.53' / L61 N35.46'08T 10.00' i E L7 N54'13'52"W 44.35' / 7 1 9 w LOT 1, BLOCK 1 U SHIVER ROAD ELEMENTARY SCHOOL No. 2 CAB. A. SL. 10603 U P.R.T.C.T. J TRACT FOUR "61 /"Q00 , THE AT H RIT sES 20' TEMPORARY q�9q�I9gC CAB. A, SL. 6723 WORK SPACE Fr�SMFNr�o P.R.T.C.T. 12,634 S0. FT. r9Gr (VINEYARDS AT HERITAGE PARK) "� LOT 8, BLOCK 3 10 BLOT 94 -c 0.290 ACRE F�Ti THE VINEYARDS AT HERITAGE m CAB. A, SL. 6723 P.R.T.C.T. ALTA LOMA I N cNppE�oE <1 s o RIVE �, � pp PP PaEP PE 1 S�PUMENSI � � ��� a�OO„PG4pG�� W g i LOT 7 BLOCK 3 G J v J 6rp�� (VINEYARDS AT HERITAGE PARK) a—I LOT B, BLOCK 3 J THE VINEYARDS AT HERITAGE �2 aPOINT ccess POINT OF CABP.R.TSC.T6723 2 — BEGINNING 103 KB HOME LONE STAR, INC '0�1� 0209121153 3 p1��' D.R.T.C.T. OF FORT POINT OF �p CITY02011485470RTH 1COADdEN(M 0 InN D.R.T.C.T. 0-1 URVEY o ANDS s q57 / FssJ PORTION Z ,ONA S I CT No / /HIlLW000 ALLIANCE GRESIDENTIAL, L.P. / FORMERLY KNOWN AS / HILLWOOD/2500, LTD. o / VOL. 9409, PG. 1403 0200192455 � / D.R.T.C.T. o / U Uj F / 3 0 �d Uj Uj r W z Gj00DVnN1 Preliminary, this 1 Scale: 1 " 100 ' Sheet Uj MARSHALL I 5/5/11 w shall Job No. + 10152 1 S 0 CIVIL ENGINEERS—PLANNERS—SURVEYORS any purpose. Of u Issued for review Drafted: T. J. M. N 2405 Mualenp Drive,Grapevine,TX.78051 Wed May 25 17:00:52 2011 1 0 Metro(e17)329-4373 Checked I J. S. B. w I �F r mama gvL7S 3 e 5 7L f Gw.r' h� rw--i4Fz� �. Oc At,.f-0.AF-ty � .. S 5 , ilk"nn %EA.cifF4N P �g " �Wxn a; c- - 1 EXHIBIT D Damage to Trees; Remediation Costs In the event of any damage to trees in connection with Company's operations, Company shall comply with the following: 1. In General The City Forester shall have the right to inspect any trees located on the Park for damage by Company and, if applicable, will classify damage to trees as slight, moderate, or severe as described below. 1.1 Standards for Measuring Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back under ANSI standards. Tree caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). 2.1. Slight Damage: Slight damage shall be defined as damage that, in the opinion of the City Forester, can be reasonably anticipated to heal. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii) breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper. Remediation costs shall be assessed at a rate of$100.00 for each instance of slight damage. 2.2. Moderate Damage: Moderate damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to poor health and slight to moderate reduction in longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer greater than 2" in width but less than 1/3 trunk circumference ; and (ii) breaking of limbs more than 2" in diameter but less than 1/3 of the trunk caliper. Remediation costs shall be assessed for each instance of moderate damage at the following rates: (1) for any tree that is more than 20 inches in caliper, the greater of: (A) one—half of the estimated value of the tree or (B) $300.00 per caliper inch; (ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch. 2.3. Severe Damage: Severe damage shall he defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i) scarring of the trunk to the cambial layer greater than 1/3 the trunk circumference; (ii) uprooting a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than 1/3 of trunk caliper; and (iv) removal of a tree. Remediation costs shall be assessed for each instance of severe damage at the following rates: (i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the tree; (ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value of the tree. 3.1. Payment of Remediation Costs Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by the Parks and Community Services Department. Replacement shall be made on caliper-inch-per-caliper-inch basis with a minimum size replacement tree of 2" in caliper. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year establishment period shall be compensated for by the Company to the Parks and Community Services Department at a rate of$200 per caliper inch. 3.2. Applicability of City's Tree Ordinance Remediation costs assessed hereunder constitute contractual damages intended to compensate the Parks and Community Services as property owner and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 1 1 SECTION 02830-SEEDING 1 PART 1 - GENERAL 1 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. Standardized'Plant Names I. For exotic plant materials: American Joint Committee of Horticultural ' Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch ' c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control"and.Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed ' 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) ' b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one i hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. ' 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. , B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B Schedule after all other construction is complete, SECTION 02930- SEFDC\'G - 1 - C. Protect and Maintain Seeded Areas I. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew, and for the planting the seed and maintaining the seedlings until acceptable viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS=purity x germination)per acre. Substitution of individual seed types due to lack of availability shall be determined only by the City at the time of planting. The Developer/Contractor shall notify the City of difficulties Iocating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Weed seed shall not exceed 10 percent by weight of the total of pure live seed(PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native crass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Purity Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium mulliflorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2 Native grass seed -The seed shall be planted between February 1 and October 1 and shall consist of. L_ bs. PLS/Acre Common Name Botanical ;Name t■fi SECTION 02930-SEEWNG 16 Green Sprangletop Leptochloa dubia 40 Sideoats Grama* Bouteloua curtipendula 64 Little Bluestem* Schizachyrium scoparium 200 Buffalograss Buchloe dactyloides 40 Indian Grass* Sorghastrum avenaceum 16 Big Top Lovegrass* Eragrostis hirsuta 16 Weeping Lovegrass Eragrostis curvula 80 Canada Wild Rye* Elymus canadensis var. canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 3 Wildflower seed-All wildflower seeds are to be hand broadcast • The seed shall be planted between March S and May 31 or between September 1 • and December 1 and shall consist of: i Lbs. PLS/Acre Common Name Botanical Name 10 Foxglove* Penstemon cobaea . 20 Lanceleaf Coreopsis Coreopsis lanceolata 50 Bluebonnet Lupinus texensis 10 Pink Evening Primrose Oenothera speciosa 10 Purple Coneflower* Echinacea purpurea 20 Indian Blanket Gaillardia pulchella 10 Mexican Hat Ratibida columnaris 3 Maximillian Sunflower* Helianthus maximiliana 10 Winecup Callirhoe involucrata 10 Lemon Mint* Monarda citriodora *These wildflowers are not to be planted within ten feet of a road or parking lot or • within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans, temporary ry control measures shall a r performed. i These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in-this section. r B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products(waste products from paper mills or recycled newspaper). �! 3. Mulch should contain no growth or germination inhibiting factors. IV 4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis, S. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. SECTION 02930•SEEDING -3- I C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas—one hundred (100)pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas—one hundred fifty (15 0)pounds of Nitrogen per acre. D. Water: Shall be furnished b the Develo er/Contractor b means of tem or meterin / irrigation.water truck orb an other method necess to achieve a viable acce table stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2")per week should be applied for approximately two to three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater,use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East,Post Office Box 5624, 2.02 MIXING Arlington,Texas 76001, 1-800-777-SOIL. Seed,mulch, fertilizer and water may be mixed provided that: 1• Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(30) minutes after placed in the equipment. r SECTION 02930-SEEWNG 4- ! PART 3—EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: , 1. Stumps, stones, and other objects larger than one inch. , 2. Roots, brush,wire, stakes,etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling , 1. In all compacted areas till one (1) inch deep. 2. If area is sloped greater than 3:1,run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half inch(1/2")inside "drip line" of trees. , C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. i 3. Never cover seed with more soil-than twice its diameter. . 4. For wildflower plantings, scalp existing grasses to one inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding(Drilling): • If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be i uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter(1/4") inch to three eighths (3/8") inch utilizing a pasture or rangeland . type drill. All drilling is to be on the contour. After planting, the area shall be rolled with . a roller integral to the seed drill, or a corrugated roller of the "Cultipacker"type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: . 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. . 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. i. Clay soils, flat surfaces - minimum 2,500 lbs.%acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. SF.cr10N 02930- SEEDrV'(i - � s 5. "Flat'and"sloping"surfaces will be shown on the plans if not visually obvious. C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one(2 1) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Includes protection,replanting,maintaining grades and immediate repair of erosion damage until the project receives final acceptance. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand"shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within two to three(2-3)weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930-SEEDS:(; -6- 1 1 SECTION 02300-EARTHWORK PART1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services required to construct, shape, and finish earthwork to the required lines,grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200- Site Preparation. , B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The took cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis , Y PART 2 -PRODUCTS i 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL M d A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation,or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned,and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments,provided such placement of rock is not immediately adjacent to structures or piers. Also,rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their . incorporation in the normal embankment layers. 2.03 TOPSOIL - On-Site Topsoil: Topsoil shall consist of an average depth of six inches of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading,"as specified in Section 02200, "Site Preparation." Topsoil may be greater or less than the upper six inches (6") in depth. d d a d EART}i WORK d 02300 . - I - 2.04 IMPORTED FILL R A. Imported fill materials shall be used for the construction of earth embankment in the event that; (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or; (2)the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Developer/Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Developer/Contractor and be approved by the Owner. In general,imported material must be equal to or better than native material in quality and engineering characteristics. The Owner may also require the Contractor to provided a material analysis test of the proposed fill. R 2.05 SELECT MATERIALS 1 A. Select materials shall be imported from offsite sources, unless they are available from ' specifically designated areas on the site as marked on the plans. r r 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top dressing will be declared as"'unsuitable" by the Owner if, in his opinion, any of the ► following conditions or matter and particles are present to a degree that is judged ► detrimental to the proposed use of the material. I. Moisture 2. Decayed or undecayed vegetation ► 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks greater than one half inch (1/2") diameter 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Owner may grant the Developer/Contractor permission to process the material to reduce the moisture content to a usable optimum condition. j EAR M WORK 02300 2- r PART 3 - EXECUTION , 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be , performed in advance of grading and earthwork operations and shall be completed over the , entire area of earthwork operations. 3.02 TOPSOIL 1 A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. , B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the , opinion of the Owner. . C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner. Stored topsoil shall be kept separate from other / excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. e D. Timing: Topsoil will not be replaced (deposited)until construction activities are i complete that would create undesirable conditions in the topsoil, such as , overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, . processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of i earthwork (including slopes), except where pavement is planned. , F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine , grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer,or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch (1-1/2") in diameter or they shall be removed. , All rocks of one inch or greater shall also be removed. Grading operations and . equipment will be such that topsoil does not become overcompacted. Bulldozer blades . and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient(slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will . be reworked. Finished areas will promote surface drainage and will be ready for . turfgrass planting. , EARTHWORK 02300 . . 3 - 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: ► 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction,topsoil replacement, and final grading,are completed. Any other surplus material shall be disposed of as "waste" as I specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs r C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches below required t subgrade elevation for the entire width of the area under construction and shall be a backfilled with suitable materials as indicated on the plans. i 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area-on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each-layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately 25 tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground,or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where F.ARTTIWORK 02300 4- f1 f indicated on the plans or required by the Owner, the ground surface, thus prepared,shall . be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other , than rock, shall be scarified to a depth of approximately six inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be . accomplished by plowing, discing, or other approved means. Prior to fill placement,the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes • greater than 4:1,the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm , foundation free of loose or disturbed material. . F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread,not r to exceed eight inches (8")in loose depth before conditioning and compaction. Unless otherwise permitted,each layer of fill material shall cover the length and width of the i area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction, the moisture content of fill material shall be such . that the specified compaction-will be obtained, and the fill will be firm,hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth,fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatic tire rollers,or ocher mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper i densities for their respective functions. All embankment serves in one capacity or another as subgrade(e.g.,under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to . depositing topsoil, and prior to the construction of pavements, slabs,etc. . 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%)of Standard Density ASTM D698 with plus four percent(4%) or minus two percentage (2%)points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six inches (6") of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95°'o) to ninety eight percent (98%) of Standard Density ASTM F,ARTHWORK 02300 D698 with the moisture content at minus two percent (2%)to plus four percent(4%) of optimum. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all ! embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment,the Developer/Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent(2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12")of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the ' completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. i END OF SECTION LARfIIWORK 02300 -6. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/19/2011 DATE: Tuesday, April 19, 2011 REFERENCE NO.: L-15170 LOG NAME: 80VINYARDS AT HERITAGE PARK WATER AND SEWER SUBJECT: Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Vinyards at Heritage Park for the Purpose of Installing a Sanitary Sewer Line and Water Line and Authorize the Execution of a Temporary Access Agreement with KB HOME Lone Star, Inc. (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists to the use of Vinyards at Heritage Park for the location of the proposed sanitary sewer line and water line; 3. Find that the proposed sanitary sewer and water line include all reasonable planning to minimize harm to the parkland and will be constructed in Vinyards at Heritage Park as specified on the attached exhibits and as noted in the discussion below; and 4. Close the public hearing and authorize the use of approximately 0.315 acres of Vinyards at Heritage Park for the installation of a sanitary sewer line and water line; and 5. Authorize execution of a 60 day temporary access agreement with KB HOME Lone Star, Inc. . Vinyards at Heritage Park - located at 5280 Alta Loma Drive, Mapsco: 36C-D & G, 22Z, east of Ray White Road, south southeast of Scenic Green Circle, east terminus of Fresno Court. south and east of Alta Loma Drive, southeast of terminus of Scotts Valley Street, southeast of terminus of Napa Valley Trail, east of Fremont Trail, east of Ventura Street, east terminus of Camarillo Drive, west of Graywolf Ridge Trail, north of Tarrant Pkwy N, in COUNCIL DISTRICT 2. DISCUSSION: The purpose of this M&C is to authorize use of approximately 0.315 acres of parkland for the installation of an eight inch sanitary sewer line and an eight inch water line in Vinyards at Heritage Park. The proposed use is being processed in accordance with Chapter 26 of the Texas Parks and Wildlife Code. Approval will allow KB HOME Lone Star, Inc., to use a portion of Vinyards at Heritage Park for the purpose of constructing a sanitary sewer line and a water line. The Parks and Community Services Department (PACSD) has been approached by KB HOME Lone Star, Inc. proposing to install a sanitary sewer line and water line in Vinyards at Heritage Park. The proposed sewer line and water line are part of the Valley Brook Phase 6A Residential development project. Logname: 80VINYARDS AT HERITAGE PARK WATER AND SEWER Paaa 1 of') Approximately 275 linear feet of eight inch sanitary sewer line and approximately 595 linear feet of eight inch water line will be installed. A temporary ingress/egress construction agreement will be required as a part of this approval process. Both lines will be trenched and bored to a minimum depth of four feet. The locations of the proposed sewer and water lines are necessary to tie into the City main lines to provide adequate sewer and water service to the proposed subdivision. This alignment was approved by the City of Fort Worth Water Department and chosen to reduce the overall impact to the park. The City Forester has reviewed the proposed alignments and has determined that the impact on trees within the park is minimal and that mitigation will not be required. Both utility lines will become the property of the City of Fort Worth and therefore will not require easements. On February 23, 2011, the Parks and Community Services Advisory Board endorsed staffs recommendation to the City Council to authorize the use of approximately 0.315 acre of parkland at Vinyards at Heritage Park for the installation of a sanitary sewer line and water line. In accordance with state law, public notice was advertised in the Fort Worth Star-Telegram on March 22, 2011, March 29, 2011 and April 5, 2011. An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. Signage was posted at the site on March 17, 2011, announcing the proposed use and providing instructions for directing comments to the Parks and Community Services Department. A letter announcing the proposed use was sent to the president of the Vinyards at Heritage Neighborhood Association on March 19, 2011. Staff will note any public comment received during the Report of City Staff. Vinyards at Heritage Park is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by. Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. MAYOR_AND COUNCIL COMMUNICATION 1 location.doc (Public) 2. MAYOR AND COUNCIL COMMUNICATION_aerial._doc (Public) 3. MAYOR AND COUNCIL COMMUNICATION alignment.pdf (Public) Logname: 80VINYARDS AT HERITAGE PARK WATER AND SEWER Page 2 of 2