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HomeMy WebLinkAboutContract 46968-A1 RECE rED JAN 12 2016 AMENDMENT NO. 1 TO CITYOFFORTWORTH COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS § CITY SECRETARY CONTRACT NO. COUNTY OF TARRANT § AUTHORIZING M&C NO. L-15817 WHEREAS, the City of Fort Worth (City) and Spelunker Properties VI, LLC (Developer) entered into a Community Facilities Agreement, City Secretary Contract No. 8 "F regarding Sage Medical Plaza; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CFA to add a Temporary Access Permit and Workspace License Agreement for Heritage Glen Park ("Permit") for work associated with construction of an 8-inch sanitary sewer line through Heritage Glen Park("Sewer Line") contemplated by the CFA; and NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: 1. The Temporary Access Permit and Workspace License Agreement for Heritage Glen Park attached hereto is incorporated into the CFA for all purposes. To the extent that any terms and conditions within the Permit and the CFA conflict, the Permit shall control. 2. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) SCAMI-3 OFFICIAL RECORD CITY SECRETARY FT.WORTH! TX Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement I of 25 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this 1 day of 200 Approved by City Manager's Office: Developer: By: Bye.Sr Sus S Name: Timothy Ritter Assisi ant City anager Title: President Date: Date: i2 -( Recommended By: Water Department Transportation&Public Works N/A N/A Wendy Chi-Babulal, EMBA, P.E. Douglas W. Wiersig, P.E. Development Engineering Manager Director Park and Recreation De ent hard Zavala Director Approved as to Form &Legality: ATTEST: �L'>'1LtNCN Dougla W. Black wryer ,� 1:0/? Assistant City Attorney City=eary OFFICIAL RECORD �= � �— %'® M&C No.: L-15817 Date: October 13, 2015 CITY SECRETARY o� FT.WORTH,TXT Amendment No. I to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement o-=" 5 ATTACHMENT FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 46968— TEMPORARY ACCESS PERMIT AND WORKSPACE LICENSE AGREEMENT FOR HERITAGE GLEN PARK This First Amendment to City Secretary Contract Number 46968 - Temporary Access Permit and Workspace License Agreement ("Permit") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Spelunker Properties VI, LLC, ("Company"), a Texas limited liability company, acting by and through its duly authorized representative. The following statements are true and correct and constitute the basis on which the City has executed the Permit: A. The City owns a certain piece of property known as Heritage Glen Park ("Park"), 4400 Heritage Glen Drive, Fort Worth, Texas 76244. The location and boundaries of the Park are depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. B. City and Company are currently parties to a Community Facilities Agreement wherein the Company has agreed to construct and install certain sanitary sewer improvements, including associated infrastructure, within the Park as part of its Heritage Glen Office Park development, said agreement being City Secretary Contract Number 46968 ("CFA"). C. Company wishes to use certain designated portions of the Park as temporary workspace for the installation of a sanitary sewer line and associated infrastructure within the Park, including the storage of materials and equipment associated therewith. D. The City has reviewed Company's request and agrees to grant Company use of the designated portions of the Park in accordance with the terms and conditions of this Permit and the Original CFA. Agreement I. Term a. License Period. The term of this Permit shall consist of one (1) license period of sixty (60) consecutive calendar days ("License Period"). The License Period shall commence on the fifth business day following the date on which this Permit is executed by the City ("Commencement Date") and shall end at 11:59 P.M. on the sixtieth (60t') day following the Commencement Date ("Expiration Date"). b. Extension of License Period. If Company fails to complete all obligations hereunder in accordance with this Permit on or before the expiration of the License Period, including, but not limited to, sanitary sewer line installation and Park restoration, then Company agrees to extend the License Period on a month-to-month basis until Company has completed all obligations pursuant to this Permit. If an extension occurs, then Company shall pay or cause the City to be paid rent in the amount of$7,195.63.00 per month, which will be due and payable on or before the first (1 S`) day of each extended License Period. Such rent shall be paid to the City without demand and without offset. Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 3 of 25 i. The extension of the License Period shall occur and renew automatically each month until Company receives notice from the City that all of its obligations under the Permit have been completed, which notice the City shall not unreasonably withhold. Notwithstanding anything to the contrary,the City may terminate the extended License Period at any time and for any reason. c. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period or applicable extension period. Company's rights in and to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period or applicable extension period. After the License Period or applicable extension period ends, all rights of Company in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon Company shall have no right of entry or use of the Licensed Premises whatsoever. II. License Fee a. Contemporaneously with executing this Permit, Company shall deliver to the offices of the City's Park and Recreation Department (Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a License Fee of Seven Thousand One Hundred Ninety-Five Dollars and 63/100 ($7,195.63) as full and complete compensation for the rights and privileges granted under this Permit. b. Consideration for any additional use of the Licensed Premises, as hereinafter defined, beyond the initial 60-day License Period will be in accordance with Section I. 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 payment 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 a portion of the Park that is set forth and depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length("Licensed Premises"). IV. Acceptance of Licensed Premises 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. 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. 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. 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 Company, its agents,employees,contractors,subcontractors,invitees, licensees,or guests for any damay-e to any person or property due to the acts or omissions of Company, its agents, employees, Amendment No.1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 4 of 25 contractors, or subcontractors, unless, and to the extent, 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 a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 6:00 P.M. Monday through Friday. For purposes of this provision, the term "construction," shall include (i)clearing, excavating, compacting, or grading of land; (ii) delivery or assembly of pipe, fittings, or similar materials; and (iii) operation of heavy equipment, including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer, compactor, crane, dump truck, excavator, grader, grapple truck, loader,pile driver,power shovel, roller, scraper,tractor,trencher,and tunnel boring machine. b. Company shall schedule a pre-construction meeting with Department staff at least five (5) 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) mobilization and access to the Licensed Premises, (ii) minimizing construction impact on vegetation and the Park in general, and (iii) restoration of all affected parkland and amenities. c. 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 as set forth in Exhibit B. Use of any portion of the Park outside of the Licensed Premises shall not be permitted. VII. Public Safety a. 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. b. At a minimum, Company shall: (i) install and maintain construction orange mesh fencing around the entire border of the Licensed Premises; and (ii) erect a controlled-access entry in the perimeter construction fencing in the form of orange mesh fencing to ensure that unauthorized personnel cannot enter the Licensed Premises. Following installation of the fencing and controlled-access entrance, Company shall contact the Director of the Department or that person's designee Amendment No.1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 5 of 25 ("Director") to inspect for proper installation. The controlled-access entry fencing shall be kept secure when not in use. At no time shall any fenced area be left open unless staffed by security personnel. c. In addition, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall also take all necessary precautions and shall provide all 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 material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. VIII. Protection of the Environment a. Company 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 Licensed Premises or the Park, except that the Company may, in compliance with applicable environmental laws and the terms of this paragraph, use and store Hazardous Materials in such amounts and types that are commonly used in connection with the uses permitted herein, 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. b. 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 Director with video graphic documentation of the condition of the Licensed Premises, including any underground utilities, as they exist both before and after the permitted uses hereunder. 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 prior commencing any work on the Licensed Premises. Post-installation documentation must be Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 6 of 25 submitted no later than five (5) business days after the last day of the License Period. Director will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises, X. Minimizing Impact to VeEetation a. Company shall not cut or remove any trees on the Licensed Premises. To minimize damage during construction, Company shall install orange mesh fencing on the outside drip line of trees and other vegetation specifically identified by the Director at the above-referenced pre-construction meeting and as outlined in accordance with Exhibit C, which is attached hereto and incorporated herein for all purposes. Company shall notify the Director once the tree and vegetation protection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least two (2) business days following the date on which notice is received to conduct its inspection. The Company may begin construction on or after the second (2"d) 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. b. Company shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. 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, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Permit. c. The Licensed Premises will bisect an existing stream that runs through the Park and into an existing pond, which is set forth in more detail in Exhibits A and B. Company shall conduct a pre- construction survey detailing the elevations of the stream bed and pond prior to performing any construction on the Licensed Premises, and submit such survey to the Director prior to beginning any work under this Permit. Within five (5) calendar days after the completion of the work to be performed under this Permit,the Company shall submit an additional survey to the Director detailing the elevations of the stream and pond post-construction of the drainage improvements. d. At no time during the performance of this Permit, shall the Company cause, directly or indirectly, any mud or debris to enter into the stream or pond. In order to maintain the integrity of the stream and pond, Company shall install and maintain all controls necessary to prevent mud, debris, and siltation into the stream and pond, including, but not limited to, the installation of erosion tubes and fencing along the perimeter of the Licensed Premises. Company shall not alter, modify or adjust the fencing without written approval from the Director. Any attempt to do so shall be considered a default of this Permit, and the City shall have the right to terminate this Permit immediately without any liability. Company shall monitor the pond and stream on a daily basis to ensure that the water levels are maintained at a depth consistent with the pre-construction survey and to prevent sedimentation and mud from entering into the pond in the Park during the License Period. The Company shall not pump mud or water into any of the existing outfall storm drainage structures that are associated with or that directly or indirectly empty into the pond. The Company shall pump and haul away any and all drainage and mud. Any cleaning of vehicles, including, but not limited to, concrete trucks, on the Park shall be prohibited. All outfall protection is to remain in place until such time as all road improvements are complete and have been inspected by the Director. e. If, after reviewing the post-construction survey, the Director determines that the pond and stream elevations have changed due to siltation associated with any construction, then the Company shall Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 7 of 25 restore the stream and pond to its pre-existing elevations in accordance with the pre-construction survey, which includes, but is not limited to, the application of all necessary permits with all applicable governmental entities. The Company shall submit a plan of action for pond and stream restoration to the Director for approval. Upon review and approval by the Director, the Company shall immediate commence the restoration of the pond and stream. If such restoration is necessary to return the elevations of the pond and stream to their pre-construction elevation levels, then the Company shall be responsible for submitting to the Director an additional post-construction survey evidencing pond and stream elevations consistent with the pre-construction survey. All survey exhibits shall be signed by an engineer licensed in the State of Texas and shall be subject to the approval of the Director. XI. Minimizing Impact to Utilities a. Prior to conducting any work on the Licensed Premise, Company shall use its best efforts to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall include but not be limited to, conducting a dig tess. With regard to all known water and electric utilities, the Director will work with Company to locate and physically mark all such utilities within the Licensed Premises. b. If 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 or in connection with Company's use of the Licensed Premises, 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 or by the Director. Following installation of the matting, Company shall contact the Director to arrange for inspection and approval by appropriate City personnel. c. Company shall provide the Director with a copy of the matting specifications and the Water Department's inspection report within twenty-four(24) hours of receiving the report from the Water Department and prior to mobilizing its operations on the Park. Company may begin construction after the date on which it provided the inspection report and specifications to the Director unless the Director contacts Company and identifies specific issues that render the measures unacceptable. XII. Restoration and Repairs of Improvements a. To the extent any road, curb, gutter, irrigation system, water line, electrical line, utility line, barricade, fence, or other improvement is destroyed, damaged, removed, or altered in connection with Company's activities under this Permit, as determined in the sole reasonable discretion of the Director, Company shall cease all work on the Licensed Premises and immediately contact the Director so that the Director may assess any such issues. Company shall be responsible and liable for reconstructing, repairing, and restoring any 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. Any restoration required under this section must be completed by Company and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section I. Any certifications or licenses required to perform the work set forth in this Article must be provided to the Director prior to the commencement of such work. Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 8 of 25 XIII. Restoration of Surface and Subsurface of Licensed Premises To the extent any portion of the surface or subsurface of the Licensed Premises is damaged or disturbed in connection with Company's activities under this Permit, as determined by the Director in his sole reasonable discretion, Company shall restore the surface or subsurface of the Licensed Premises by: (i) aerating the soil using a heave-action aerator with six-to-eight inch tines to address compaction caused during the process of installing the sanitary sewer lines and any associated infrastructure; (ii) replanting with Common Bermuda sod in accordance with the sod specifications outlined in the attached Exhibit E, which is attached hereto and incorporated herein for all purposes; and (iii) watering the sodded areas as needed until the replacement vegetation is established and has been approved and accepted by the Director. Prior to planting, Company shall provide the Director with documentation certifying the type and quality of the materials to be planted. All planting must be inspected by the Director prior to planting by the Company. The Director 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. Any restoration required under this section must be completed by Company in compliance with the specifications set forth in this section and the attached exhibits and inspected and approved by the Director, which approval shall not be unreasonably withheld, prior to the expiration of the License Period or the License Period will be extended per Section I. XIV. Discretionary Limited Access to Care for and Establish Vegetation a. 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 Director at least ten (10) calendar days prior to the expiration of the License Period or extended License Period. Replacement vegetation or seed must be in place at the time the request is made. b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the expiration of the License Period or extended License Period. 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 invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XV. Removal of Excavated Materials Company shall not excavate, drill, dig, or allow any significant erosion of the Licensed Premises. To the extent that such does occur, Company shall, in addition to any other requirements set forth in this Permit, ensure that all drilling mud spoils and all excess material excavated by or for Company will be 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. XVI. Liability; INDEMNIFICATION. a. 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, but not limited to, all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 9 of 25 or personal. b. COMPANY COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS REPRESENTATIVES, OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND PERSONAL INJURY, INCLUDING,BUT NOT LIMITED TO,DEATH,TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE ACTS OR OMISSIONS OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR ANYONE ACTING ON BEHALF OF COMPANY. 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 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. c. Company covenants and agrees that City shall in 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 members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. d. 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. XVII. INSURANCE Company's insurance requirements set forth in the CFA are hereby incorporated into the Permit by reference as if set out in full. Company agrees to abide by such insurance requirements in the performance of this Permit. XVIII. Prohibition Against Liens 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 Amendment No. I to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 10 of 25 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. XIX. 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 below or to such other address as one party may from time to time notify the other in writing. To THE CITY: Director Park and Recreation City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth To COMPANY: Spelunker Properties VI, LLC Attn: Timothy Ritter 701 E. Bethel School Road Coppell, Texas 75019 XX. 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 sanitary sewer service line and any associated infrastructure 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 respondent 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. XXI. 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. XXII. Compliance with;Laws and Regulations a. In operating under this Permit, Company agrees to comply with all applicable federal, state, and Amendment No. I to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 1 I of 25 local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments. b. 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. XXIII. Taxes 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. XXIV. 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. XXV. Force Majeure; 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 of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; 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 a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. XXVI. Headinlas 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. Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 12 of 25 XXVII.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. XXVIII. Governmental Powers It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers or immunities. XXIX. Authorization By executing this Permit, Company's agent affirms that he or she is authorized by 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. XXX. 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. Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 13 of 25 '1N9tt:�t�eii►�rlR�-41i� , - '�x F.. rte' ♦ '1 ` r Env a. ��1 t t AM s.:.y.,+'�rJ i�:+: wry (i. i r'W�'twf .�,rxfaE� ;• � , At At ;Allm t Yae;fttrs�p.trt�s..rrt t .+ Jvp ,I 0 ow tr"ri i. kiP � rw�:�•awt aw.win... �x ����•�. t'� .�w�f4.[.'•..rn+-rtr•�s` �.�r'f"!r7 .. ••s ,t-s ��ss..zw..�.41-w• .wYJY EXHIBIT B LICENSED PREMISES 20' SANITARY SEWER Q EASEMENT VOL. 16712, PG. 108 15' WIDE D.R.T.C.T. SANITARY SEWER LOT 84X, BLOCK 180 . / / MAINTENANCE AREA ;•`1 CASTLE EQUITY, LLC HERITAGE GLEN ! `ti INST. No. D214089290 ADDITION / 0.054 ACRES ,^p1' O.P.R.T.C.T. d INST. No. D203399842 / (2,348 SQ. FT.) O.P.R.T.C.T. C4 0 VARIABLE WIDTH a L2 / S 1/2" IRF l%K ACCESS ESMT. j 68)A• IPH LAND i iylh / ¢8F SURVEYING" f' ? I Nser¢48~�/ SSS¢ N222537"E 20.14' 0 30' WIDE TEMP. NSB 7S�S3' �J�ELU KER PROPERTIES VL LLC fg CONSTRUCTION / �sr¢84 A / / INST. NO. D215145788 % ACCESS AREA „ _ /1 Z/F O.P.R.T.C.T. 0. 0.110 ACRES 6�So, LLLAAACIS O LOT 4, BLOCK 1 (4,785 SQ. FT.)/ / B/CNINC HERITAGE GLEN /� OFFICE PARK LOT 6X, BLOCK 12 INST. NO. D215207053 HERITAGE GLEN ADDITION S222537"W 70.59' O.P.R.T.C.T. \,E.J INST. No O.P.R.T.C.T.99842 /2 IRF // / MOMS SUR In PUBLIC PARK AREA "G 0DWIN MARSHALL- 1rAW 1690 a DRAINEGE M oODPLAIN 1g J SAMUEL P�AQT NO• / NT 30' TEMPORARY m / /CONSTRUCTION EASEMENT / VARIABLE WIDTH o VOL. 16712, PG. 107 FLOODPLAIN ESMT. H D.R.T.C.T. 1/2" IRF VARIABLE WIDTH qTY OF FORT WORTH "JPH LAND —WATER LINE ESMT. /INST. No D204004692 SURVEYING" a — — — — — O.P.R.T.C.T. —I S424135"W 1.05' 1/2 IRF 1 ' yylpE 15' WIDE , "JPH LAND SANITARY SEWER ESMT. i 0 A SANITARY SEWER ESMT. SURVEYING* Gb I 0 I NOTES: (1) ALL BEARINGS SHOWN HEREON ARE * L E G E N D CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE CM CONTROLLING MONUMENT 4202, NAD OF 1963, AS DERIVED BY FIELD Val OBSERVATIONS UTILIZING THE RTK NETWORK IRF IRON ROD FOUND F ADMINISTRATED BY WESTERN DATA SYSTEMS. IRS IRON ROD SET W/ORANGE CAP g (2) THIS EXHIBIT WAS PREPARED WITHOUT STAMPED "W & A INC EASEMENT' BENEFIT OF A CURRENT TITLE COMMITMENT. ® SANITARY SEWER MAINTENANCE AREA N (3) THIS SURVEY WAS MADE ON THE GROUND NON FEBRUARY 02, 2015 UNDER THE DIRECT ® TEMPORARY CONSTRUCTION I SUPERVISION OF AARON L. STRINGFELLOW, ACCESS AREA rn R.P.L.S. NO. 6373. 0 (4) REFER TO THE ACCOMPANYING FIELD NOTES 0 30 60 90 ATTACHED HERETO AND MADE A PART THEREOF. 2 11/09 LV ADDED CONST. ACCESS LEGAL DESCRIPTION ALS FORT WORTH "%0jw'0" Z 1 7/20 CLM ADDED CONSTRUCTICN ACCESS AREA ALS a REV. DATE BY DESCRIPTION CHK. CITY OF FORT WORTH 0 . 1 5' WIDE SANITARY SEWER MAIN 1 N NCE AREA N �� L W1 SURVEYOR PREPARING THIS EXHIBIT:E11 6 ASSOCIATES, INC. FORT WORTH, TARRANT COUNTY, TEXAS 701 HIGHLANDER BLVD.,SURE 3W ARLINGTON,7D76015 ME==(617)167-7700 DRAWN BY:CLM DATE:11-09-2015 DWG. NO. REV. Texas Firm Registration No. F-2776 www.WerAssociates.com CNEC1fED BY: OATS!!-09-2015 3 Texas Board of Land Surveying Registration No. 10033900 SCALE 1•-B0• App,; 1 OF 3 2 Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 15 of 25 EXHIBIT "B" FIELD NOTES - DESCRIPTION 15' WIDE SANITARY SEWER MAINTENANCE AREA 0 (V ,? BEING A TRACT OF LAND LOCATED IN THE SAMUEL P. WILLIAMS SURVEY, ABSTRACT No. 1690, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 6X, BLOCK 12, HERITAGE C14 GLEN ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, a RECORDED IN INSTRUMENT NUMBER D203399842, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: `'' BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 6X AND IN A WEST LINE OF LOT 4, BLOCK 1, HERITAGE GLEN OFFICE PARK, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN INSTRUMENT NUMBER D215207053, O.P.R.T.C.T., o FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "GOODWIN MARSHALL" BEARS S 22.25'37" W, A DISTANCE OF 70.59 FEET; 9L THENCE N 68'14'48" W, DEPARTING AN EAST LINE OF SAID LOT 6X AND A WEST LINE OF SAID LOT 4, A DISTANCE OF 157.53 FEET TO A POINT IN AN EAST LINE OF A SANITARY SEWER EASEMENT DESCRIBED IN A DEED TO THE CITY OF FORT WORTH IN VOLUME 16712, PAGE 108, DEED RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.); THENCE N 29'57'45" E, ALONG AN EAST LINE OF SAID SANITARY SEWER EASEMENT, > A DISTANCE OF 15.16 FEET TO A POINT; Cn W THENCE S 68'14'48" E. DEPARTING AN EAST LINE OF SAID SANITARY SEWER EASEMENT, A DISTANCE OF 155.54 FEET TO A POINT IN AN EAST LINE OF SAID LOT 6X AND A WEST LINE OF SAID LOT 4, FROM WHICH THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN INSTRUMENT NUMBER D212271298, O.P.R.T.C.T., BEARS N 31'54'59" E A DISTANCE OF 707.27 FEET; Cn THENCE S 2225'37" W. ALONG AN EAST LINE OF SAID LOT 6X AND A WEST LINE OF 2 SAID LOT 4, A DISTANCE OF 15.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING a 0.054 ACRES (2,348 SQUARE FEET) OF LAND, MORE OR LESS. Z rs 0 NN 1 rn 0 I LINE TABLE LINE BEARING DIST N L1 52225:37W 15.00' N LL2N2957'45E 15.16' 52225:77"W 30.00' cyN2957'451E 30.31' o, 0 I 2 11/09 JLV ADDFD CONST. ACCESS LEGAL DESCRI TM ALS FORT I IORTH Z i 7 20 CLM ADDED CONSTRUCTION AOCESS AREA ALS a a REV. DATE BY I DESCRIPTION CHK. CITY OF FORT WORTH o SURVEYOR PREPARING THIS E(HIBM 15' WIDE SANITARY SEWER MAINTENANCE AREA N ����WIEFI & ASSOCIATES, INC. FORT WORTH, TARRANT COUNTY, TEXAS a 701 HI ANDIR BLVD.,SL97 300 ARLINGTON,TDfAS 76015 MURO(817)461-7700 DRAMl1 BY:CLAI DAIS 11-09-20151 DWG. N0. REV. Texas Firm Registration No. F-2776 www.NAerAssociates.com CHEOieu BY: I DATE:11-09=''vi5 3 Texas Board of Land Surveying Registration No. 10033900 SCALE:N/A APP.: 2 0 F 3 2 Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 16 of 25 EXHIBIT "B" FIELD NOTES - DESCRIPTION 30' WIDE TEMPORARY CONSTRUCTION ACCESS AREA 0 BEING A TRACT OF LAND LOCATED IN THE SAMUEL P. WILLIAMS SURVEY, ABSTRACT No. 1690, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 6X, BLOCK 12, HERITAGE a GLEN ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, v RECORDED IN INSTRUMENT NUMBER D203399842, OFFICIAL PUBLIC RECORDS, TARRANT j COUNTY, TEXAS, (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: N w BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 6X AND IN A WEST LINE OF LOT Y� 4, BLOCK 1, HERITAGE GLEN OFFICE PARK, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN INSTRUMENT NUMBER D215207053, O.P.R.T.C.T., FROM WHICH A 1/2" IRF WITH A CAP STAMPED "JPH LAND SURVEYING", BEING THE NORTHWEST CORNER OF SAID LOT 4, BEARS N 22'25'37" E, A DISTANCE OF 35.14 FEET; CL THENCE S 22'25'37" W. ALONG AN EAST LINE OF SAID LOT 6X AND A WEST UNE OF SAID LOT 4, A DISTANCE OF 30.00 FEET TO A POINT, FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "GOODWIN MARSHALL" BEARS S 22'25'37 W, A DISTANCE OF 40.59 FEET; THENCE N 68'14'48" W, DEPARTING AN EAST LINE OF SAID LOT 6X AND A WEST UNE OF N SAID LOT 4, A DISTANCE OF 161.50 FEET TO A POINT IN AN EAST LINE OF A SANITARY w SEWER EASEMENT DESCRIBED IN A DEED TO THE CITY OF FORT WORTH IN VOLUME 16712, PAGE 108, DEED RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.); m THENCE N 29'57'45" E, ALONG AN EAST LINE OF SAID SANITARY SEWER EASEMENT, A DISTANCE OF 30.31 FEET TO A POINT; H THENCE S 68'14'48" E, DEPARTING AN EAST LINE OF SAID SANITARY SEWER EASEMENT, A DISTANCE OF 157.53 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.110 a ACRES (4,785 SQUARE FEET) OF LAND, MORE OR LESS. iJ O P N I P��lSE'PF�.r9 AARON L STRINGFELLOW 6373 0 �••S U R��' 0 N THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S. or NO. 6373 ON FEBRUARY 02, 2015. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE C COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. 2 11 os JLV ADDED CONST. ACCESS LEGAL DESCRIPTION ALS FORT WORTH Z 1 7 CLM ADDED CONSTRUCTION ACCESS AREA ALS a REV. DATE BY DESCRIPTION CHK. CITY OF FORT WORTH O ' SURVEYOR PREPARING THIS EXHIBIT: 30' WIDE TEMPORARY CONSTRUCTION ACCESS AREA WIan 6 ASSOCIATES. INC. FORT WORTH, TARRANT COUN i i, TEXAS 701 HN1iINIDER BIVD.,SURE 300 ARUNOTDN,MX 76015 MEM(817)467-7700 DRAYM BY:CLM DATE 11-09-2Ut5 DWG. NO. REV. Texas Firm Registration No. F-2776 www.ViierAssociates.com CHECKED BY: DALE:11 2015 3 Texas Board of Land Surveying Registration No. 10033900 SCALE;NAA APP.: 3 OF 3 2 Amendment No.1 to CSC 46968-Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 17 of 25 I � t � 3a yc! x ,E x T i N1F4 ` r 1 1 � 1 1 1 1 1 III 1 11 1 1 1: 1 i N w 3 f-Zjc�,,i�, 6x6 Timber Matting '� a 8"Matting of Mulch Lr i p H 4 DETAIL "A' 0 N.T.S. Tree protection fencing shall be orange mesh or chain link and installed at the edge of travel way U U 0 d z '. .`. CRY orPW ro"m' M" SCALE: N.T.S. est P"' "''° °°w""' TREE ROOT PROTECTION DETAIL SEsvrct:s DEM FILE N0. 000 ° e ° ° m ° y E ; C6 1 ' j 3 Trench is locs W at € the edge of drip Gne. a ¢ 616 Tmber g F 00 t ,n l i Chain Fink fence or 6 to 8 imiles d an" ::::: ;:: :: wrryrlria track dthe frac U with rzr studs as sppmed ° . . by tlw City Forester d z s em ev mw mo� E P�ttxa "a msruHtrr SCAIE: N.T.& PASS) TREE PROTECTION TRENCH DETAIL � r+rsrrvr•� tr::Nr FU.E NO: 000 EXHIBIT D DAMAGE TO^I'1'11' TREES NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES I.I. Company will check trees in the Licensed Premises before contract work begins, any damage will be noted and reported to the Director. 1.2. The Director may conduct random checks of the trees during the License Period. 1.3. A check of all trees may be made at the end of the License Period. The City Forester, Director, and Company will attend the inspection. 1.4. Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 1.5. Company may have the option of replacement or payment for severely damaged trees at a location to be designated by PACS. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30" diameter at breast height (DBH) and 2" per inch on trees 30" DBH or greater. Company shall be responsible for any planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Company shall compensate the City at a rate of$200 per caliper inch for any tree that does not survive the 2 year establishment period. 1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester, that may heal. Examples include, but are not limited to, scaring of the trunk into the cambial layer '/2" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying down of protective tree fencing prior to the end of construction, storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of $100.00 for each instance. For each day that tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is stored within the CRZ, shall be considered one instance. 1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester,that contributes to the poor health and reduced longevity of the tree, and examples include, but are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damage shall also include compaction of soil,grading or filling in 20%of the CRZ on one of four sides but outside the 50% radius of the CRZ, or disposing of paint or concrete within 50% radius of the CRZ. Moderate damages shall be calculated at a rate of/2 the assessed value of the tree per each instance of damage. Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 21 of 25 1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of trees removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30" DBH or greater. Severe damage or removal shall include, but is not limited to, scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include compaction of soil, grading or filling more than 20%of the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4"or greater in diameter within 4' of the trunk shall also be considered severe damage. 1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using DBH. Trees that must be removed due to damage caused by Company shall be removed by the Parks and Community Services Department's Forestry Section Tree Removal Contractor at Company's expense. 1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall result in a breach of contract and Company will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to Company. 1.11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the City, 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. Amendment No. I to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 22 of 25 EXHIBIT E SECTION 02930-TURF SODDING PART1-GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor,materials and equipment for soil preparation,fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. 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 1.03 SUBMITTALS Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other materials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY,STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. S 1.05 QUALITY CONTROL The Developer/Contractor who plants the sod is responsible for supervision of his crew,while planting the sod and maintaining the sod until the project is accepted by the City. 3; 3 TURF SODDING I 02930 -1- Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 23 of 25 PART2—PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer/Contractor and 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,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner"or"Perma Green Compost",as specified below or an approved equal,shall be used. Raw organics are not acceptable. A. For soil with an alkaline PH condition: Use"New Life Acid Gro"(acid pH)soil conditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic PH condition: Use"Perma Green Compost"by Texas Earth Resources,Inc.of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building Systems,Inc.,of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. TURF SODDING 02930 -2- Amendment No. I to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 24 of 25 PART 3-EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope,parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage,then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. i C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. 00 D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with 0* one-half inch compost and then shall be leveled,fine graded,and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, 00 depressions,humps and objectionable soil clods. This shall be the final soil preparation 00 step to be completed before planting. 3.03 PLANTING Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface,and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. * 3.04 FERTILIZING Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION I'f RF SODDING o��lo -3- Amendment No. 1 to CSC 46968—Sage Medical Plaza:Temporary Access Permit and Workspace License Agreement 25 of 25 M& Official site of the City of Fort Worth, CITY COUNCIL AGENDAxkIi COUNCIL ACTION: Approved on 10/13/2015 REFERENCE LOG 80HERITAGE GLEN PARK DATE: 10/13/2015 NO.: L-15817 NAME: SANITARY SEWER IMPROVEMENTS CODE: L TYPE: NOW PUBLIC _ YES CONSENT HEARIN : SUBJECT: Conduct a Public Hearing and Authorize the Use of a Portion of Heritage Glen Park for the Installation of a Sanitary Sewer Line and Associated Infrastructure and Authorize Execution of a 60-Day Temporary Access Permit and Workspace License Agreement with Spelunker Properties VI, LLC, in the Amount of$7,195.63 (COUNCIL DISTRICT 4) 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 Heritage Glen Park for the installation of a sanitary sewer line and associated infrastructure; 3. Find that the proposed installation of the sanitary sewer line and associated infrastructure includes all reasonable planning to minimize harm to the parkland, including that the improvements will be constructed in Heritage Glen Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the use of approximately 0.07 acres of Heritage Glen Park for the installation of a sanitary sewer line and associated infrastructure; and 5. Authorize the execution of a 60-day Temporary Access Permit and Workspace License Agreement with Spelunker Properties VI, LLC, for the use of approximately 0.07 acres in Heritage Glen Park in the amount of$7,195.63, with proceeds dedicated to improvements at Heritage Glen Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the use of approximately 0.07 acres of Heritage Glen Park (Park) for the installation of a sanitary sewer line and associated infrastructure by Spelunker Properties VI, LLC (Company). The Company approached the Park and Recreation Department(PARD) proposing to install a sanitary sewer line in a portion of the Park. The sewer line is part of the construction for Sage Medical Center and is necessary to provide service for the proposed facility. The Company is proposing to install a new 12 inch sanitary sewer line in the Park, which will require a total of approximately 0.07 acres of parkland. The location of the proposed sanitary sewer line was chosen in order to minimize the impact to the Park (see attached exhibit). The length of the line is approximately 156 feet and equates to approximately 2,889.6 square feet of maintenance area. The http://apps.cfwnet.org/council_packet/mc_review.asp?IIT=21584&councildate=10/13/2015[12/23/2015 3:20:02 PM] M&C Review proposed sewer line will be installed at a minimum depth of five feet. Additionally, the Company has requested the use of parkland for temporary workspace needed to construct the proposed sewer line. Staff proposes the Company be assessed a mitigation fee of$1.00 per square foot of temporary workspace area on the Park,which equates to $7,195.63. The Company is working with the City Forester to ensure that no trees will be impacted. The existing trees in proximity to the proposed construction will be protected using chain link fencing. The Company will work directly with PARD Staff on restoring the Park to a condition as similar to or better than existed prior to construction immediately upon completion of the project within the Park. The Water Department will respond to public inquiries during the course of the project. In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to use a total of approximately 0.07 acres of the Park for the purpose of installing a sanitary sewer line and associated infrastructure. In accordance with state law, public notice was advertised in the Fort Worth Star-Telegram on September 15, 2015, September 22, 2015, and September 29, 2015. An exhibit map was available for public review for 30 days at the PARD administrative offices located at 4200 South Freeway, Suite 2200. Signage was posted at the Park on September 18, 2015, announcing the proposed use and providing instructions for directing comments. On September 22, 2015, a letter announcing the proposed use was sent to the presidents of the Heritage Homeowners Association and Heritage Glen Homeowners Association. During the report of Staff, Staff will note any public comment that has been received. Heritage Glen Park is located at 4400 Heritage Glen Drive, Fort Worth, Texas 76244, in COUNCIL DISTRICT 4, Mapsco 22W. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that after approval of the above recommendations the Park and Recreation Department will be responsible for the collection and deposit of funds due to the City. M Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I I Year I (Chartfield 2) 33002 0800450 4473001 I UN9690 I I I 2016 1 $7,195.6 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS Heritage Glen Sewer aerial.pd http://apps.cfWnet.org/council_packet/mc_review.asp?ID=21584&councildate=10/13/2015[12/23/2015 3:20:02 PM] M&C Review Heritage Sewer exhibit S.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=21584&councildate=10/13/2015[12/23/2015 3:20:02 PM] CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l OFFICE USE ONLY Complete Nos.1.4 and 6 if there are Interested parties. Complete Nos.1,2,3,5,and 6 If there are no Interested partes. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-2040 Spelunker Properties V1 Coppell,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/11/2016 being filed. City Of Fort Worth Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. L-15817 Temporary access to parkland area 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Spelunker Properties VI Coppell,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct lV, WESLEY JOHNSTON MY COMMISSION EXPIRES :,�ffl�• March 24,2018 Signature 0 authoriz ag t of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me,by the said Fr t 1ACVI this the 1�_day of 34 K Uq r� . 20_Lja�to certify which,witness my hand and seal of office. dVa4fe of q inistering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032