Loading...
HomeMy WebLinkAboutContract 33951 OET'v' SECRETARY 1 -'ONTt= AC, NO . r ADOPT-A-PARK AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES THIS ADOPT-A-P _� GREEMENT (Agreement) is made and entered into this _ day of t , 2006, by and between the CITY OF FORT WORTH, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as "City") acting by and through the Director of the Parks and Community Services Department (hereinafter referred to as "Director") and TWIN MILLS HOMEOWNERS ASSOCIATION, INC., a Texas non-profit Corporation (hereinafter referred to as the"HOA"), acting by and through its duly authorized President. SECTION 1. DESCRIPTION OF PROPERTY 1.01 The HOA is hereby withorized finder this Agreement to nrovide, furnish; and perform general lawn care and grounds maintenance on the medians, rights-of-way, parks, and creeks within the area (Area) of the City of Fort Worth bounded by Wheatfield TraiUThreshing Drive/Cracked Wheat Trail/Wheat Sheaf Roads on the west, Twin Mills Road on the east and Bailey-Boswell W Road on the south, as further identified in"Exhibit A,"of this Agreement. SECTION 2. DUTIES AND RESPONSIBILITIES 2.01 The HOA shall commence and provide such services in accordance with this Agreement and its attachments and all applicable laws. In providing such services, the HOA shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by the City. 2.02 Plans for all work and planting materials, including future or phased improvements, shall be submitted to the City not less than 60 days prior to construction or installation. No work shall commence until approval has been granted by the City. Any work by the HOA prior to approval by the City may be ordered stopped at the discretion of the City and subject to removal and replacement by the HOA. Proposed and approved plans for future and phased improvements shall be identified as consecutive Exhibits and made a part of this Agreement. 2.03 The HOA represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide the following improvements to the Area: a. Install and maintain all planting material in the Area in accordance with the plans proposed by the HOA and as approved by the City. b. Install, maintain, and operate underground irrigation systems and irrigation system additions in accordance with the plans proposed by the HOA and as approved by the City. All irrigation systems and system additions shall be installed by a licensed irrigator, approved by the City. Upon installation, the irrigation systems will become 'vSl��''D, Page 1 of 9 CIT Hill�_IPMAI 2y Ff. TEX. Twin Mills HOA the property of the City, but shall be entirely maintained by the HOA during the term of this Agreement. c. As required, the HOA shall adhere to the Parks and Community Services Department's "Water Conservation/Rationing Procedures", Exhibit B. HOA shall supply the City with an irrigation plan not less than 30 days prior to construction. d. Irrigation systems shall not run during wet and rainy weather nor shall they be in operation during freezing temperatures. e. Pay for all electrical hookups, electricity, water impact, water tap/meter fees, and water. f. Collect and properly dispose of all trash, garbage, litter, and debris related to the HOA's scope of services under this Agreement. g. Provide creek clean-up a minimum of two times per calendar year. h. Maintain and replace any color plantings. 2.04 The City will perform the following: a. Make inspections to determine compliance with this agreement. In the event the City observes non-compliance,the HOA will be notified and shall be given a period,not to exceed thirty(30)days from the date of notification by the City, of time to correct the problem. b. Maintain playground equipment within Park areas. c. Provide funding to the HOA in the amount of$15,817.40 for partial costs related to grounds maintenance services provided by the HOA under the terms of this Agreement. Funding will be provided quarterly in arrears for services provided the previous 3 months. The funding provided by the City to the HOA is not intended to cover the entire cost of services provided by the HOA under this Agreement. In no event shall the HOA receive funds if services are not provided. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by the City to the HOA of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 2.05 In the event that any City-owned property, such as utilities, park development improvements, equipment, turf, etc., are damaged or destroyed during installation, watering, or maintenance of the landscape improvements due to negligence or acts of omissions of the HOA, the HOA shall be solely responsible for all repairs or replacements. In the event of damage due to acts of the HOA, the HOA shall replace or repair the damage at no cost to the City. The City shall determine whether any damage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether the HOA is responsible. The City shall be the sole judge of the damage to the premises, in which judgment shall be exercised reasonably. Any damage by the HOA shall be repaired or replaced by the HOA to the reasonable satisfaction of the City within thirty days of receipt of written notification from the City. zz CITY MC!'Offiff � J19 Twin Mills HOA SECTION 3. TERM OF AGREEMENT 3.01 This agreement is for a term of two (2)years beginning the day of , 2006, and ending on the day of , 2008. The initial term two-year term may be renewed by mutual agreement between the HOA and the City for two (2) successive two-year terms under the same conditions and terms of this Agreement. The HOA must advise the City in writing of its intent to renew this Agreement at least thirty (30) days prior, but no earlier than 90 days prior, to the termination date of the initial two-year term, or the two successive two-year terms, as applicable. SECTION 4. ALTERATIONS AND ADDITIONS 4.01 HOA shall not make or cause to be made any alterations, additions, or improvements to City property without the prior written consent of the Director, Parks and Community Services Department. HOA shall present to the Director plans and specifications for such alterations, additions, and improvements at the time such approval is sought. 4.02 All alterations, additions, and improvements to City property made with the written consent of the Director, Parks and Community Services Department shall, upon completion and acceptance by the City, become the property of the City. HOA may be required to remove, at its expense, any alterations, additions, or improvements not meeting specifications as approved by the City. SECTION 5. RIGHT OF ACCESS 5.01 City does not relinquish the right to control the management of the Area, or the right to enforce all necessary and proper rules for the management and operation of the same. City through its Manager, Parks and Community Services Director, police and fire personnel, and other designated representatives, has the right at any time to enter any portion of the Area (without causing or constituting a termination of the use or an interference of the use of the Area by the HOA) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of public property; provided this shall not authorize or empower City to direct the activities of the HOA or assume liability for HOA's activities. 5.02 The City reserves the right to modify or remove any improvements made by the HOA at the Park as determined necessary by the Director should any of the following occur: a. The HOA ceases to maintain the Area according to this Agreement. b. The Area becomes a hazard to the general public. c. The City determines in its sole discretion that another beneficial use for the area exists, to include, but not limited to, street relocation, street realignment and the installation of any public utilities or improvements. Page 3 of 9 Twin Mills HOA d. The City determines in its sole discretion, to make use of the area for the installation of any public utilities or improvements. SECTION 6. INDEMNIFICATION 6.01 THE HOA AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS,AND EXPENSES OFANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) HOA'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR O]yfM.SIOIV OR LNTFNTIOL" .MISCONDUCT OF THE HOA;LIS OFFICERS,AGENTS; ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO INSTALLATION AND MAINTENANCE OF IMPROVEMENTS IN OR TO THE MEDIANS AND RIGHTS-OF-WAY LOCATED WITHIN THE AREA IDENTIFIED IN SECTION 1, OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR WRONGFUL WILL ACTS OF THE CITY OR ITS OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF BOTH THE HOA AND CITY OR ITS OFFICERS,AGENTS,EMPLOYEES, OR SEPARATE CONTRACTORS, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 6.02 HOA covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to HOA, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, or in any way damaged, and HOA hereby indemnifies and holds harmless City from and against any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by HOA, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the premises. 6.03 It is further agreed that the acceptance of this Release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable, or any other defense recognized by the Statutes and Court decisions of this State. SECTION 7. INSURANCE 7.01 The HOA shall not commence work under this Agreement until it has obtained all the insurance required under the contract and the City has approved such insurance. HOA shall be responsible for delivering to the City the HOA's certificate of insurance for approval. HOA shall v�� � �� Page 4 of Twin Mills HOA indicate on the certificate of insurance whether or not its insurance covers contractors or subcontractors. The insurance coverage required herein shall include the coverage of all subcontractors, or such subcontractors shall provide to HOA documentation of insurance reasonably equivalent to that required of the HOA, according to the liability exposures related to the subcontractors services and/or materials. A. Commercial General Liability Insurance: The HOA shall procure and maintain during the initial one-year term of this Agreement and any extension period, a commercial general liability insurance policy in the amount not less than$1,000,000.00 covering each occurrence. B. Workers' Compensation Insurance: If the HOA will utilize employees to perform work within the term and scope of this Agreement, then it shall maintain, during the term of this Agreement, and any extension period, statutory Workers' Compensation Insurance on all of its employees engaged in work under this Agreement, and for all subcontractors unless such subcontractors maintain their own Workers' Compensation Insurance. C. Automobile insurance: The HOA shall procure and maintain, during the initial one-year term of this Agreement and any extensive period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $500,000.00 for each accident. This policy shall cover any automobile used within the scope of this Agreement. 7.02 The insurance specified in Section 7.01. hereof shall comply with the following requirements: a. The City of Fort Worth, its Officers, Employees, and Volunteers shall be named as Additional Insureds. Exception: The additional insured requirement does not apply to Workers' Compensation policies. b. Thirty(30)day notice of cancellation or non-renewal. c. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. d. The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the City of Fort Worth Risk Management. If the rating is below that required, written approval of the City of Fort Worth Risk Management is required. e. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow the form of the primary coverage. f. Unless otherwise stated, all required insurance shall be written on an "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of this Agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this Agreement. An annual certificate of insurance submitted to the City shall provide evidence of such insurance coverage. W Page 5 of 9 Twin Mills HOA g. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by the Risk Manager of the City of Fort Worth. h. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior written notice of ninety (90) days. i. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. SECTION 8. CHARITABLE ORGANIZATION 8.01 HOA agrees that if it is a charitable organization, corporation, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P.R.C., § 84.001 et seq., or other applicable law, that HOA hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. If applicable, HOA annually shall submit proof of 501(c)(3) eligibility to the City. SECTION 9. INDEPENDENT CONTRACTOR 9.01 HOA shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. HOA shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and HOA, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and HOA. SECTION 10. LICENSES AND PERMITS 10.1 HOA shall comply with all federal, state, and local laws, rules, and regulations, as well as with all regulations, restrictions, and requirements of the police, fire, and health departments now or hereafter in effect which are applicable to its operations. HOA shall obtain and keep in effect at its own cost and expense all licenses and permits, and pay all taxes incurred or required in connection with this Agreement and its operations hereunder. JiISVoil KIM Page 6 of 9 Twin Mills HOA SECTION 11. LIENS 11.01 The HOA agrees not to take any action that would result in the creation of any lien on City property. In the event that a lien is filed, as a result of any action of the HOA,the HOA will take all necessary steps to bond around or remove the lien within 10 days of its filing. SECTION 12. TERMINATION AND DEFAULT 12.01 Either party may terminate this Agreement without cause by the giving of thirty (30) days notice in writing to the other parry. 12.02 In the event HOA fails to comply with any of the terms and conditions of this Agreement, after notice and opportunity to cure as provided in this Agreement, City shall have the right, and without further notice, to declare this Agreement immediately terminated and to enter into and take full possession of the Area save and except such personal property and equipment as may be owned by HOA. In the event of such cancellation of this Agreement by the City, all rights and privileges of the HOA hereunder shall cease and terminate and HOA shall immediately vacate the Area. 12.03 HOA shall be notified by phone call and written correspondence of the HOA's failure to comply with any of the terms and conditions of this Agreement. HOA shall have 30 calendar days from the date of written correspondence to correct deficiencies. 12.04 Upon termination, the parties shall be released from all obligations contained in this Agreement except for the indemnification requirements found in Section 6 of this Agreement. 12.05 Termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party in accordance with Section 14. SECTION 13. NON-DISCRIMINATION/DISABILITIES 13.01 HOA, in its construction, maintenance, occupancy, or use of said Area shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation or disability. SECTION 14. NOTICES 14.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid, certified mail,return receipt requested, and addressed to the other party as follows: Page 7 of 9 Twin Mills HOA CITY HOA City of Fort Worth Homeowner's Association of Parks and Community Services Director Twin Mill Farms, Inc. 4200 South Freeway, Suite 2200 9285 Huntington Square Fort Worth, Texas 76115 North Richland Hills, TX 76180 With copy to: Sarah Fullenwider Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 14.02 Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid, certified mail, return receipt requested, and addressed as specified above, unless either party has been notified in writing of any changes to such address(es) or addressee(s). All time periods related to any notice requirements specified in this Agreement shall commence on the date notice is mailed. SECTION 15. VENUE AND JURISDICTION 15.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this License Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 16. SUBLETTING,ASSIGNING, MORTGAGING 16.01 HOA agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the Director, Parks and Community Services Department, and any attempted subcontract or assignment of same without such prior consent of the Director, Parks and Community Services Department, shall be void. Consent shall not be unreasonably withheld. 16.02 Subject to the limitations contained herein, the covenants, conditions, and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives, and permitted assigns, if any. SECTION 17. WAIVER, SECTION HEADINGS,AND SEVERABILITY 17.01 It is agreed that in the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition, or provision herein contained, provided however, that the invalidity of any such covenant, condition, or provision Page 8 of 9 Twin Mills HOA does not materially prejudice either HOA or City in connection with the rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. 17.02. The waiver by the City of any default or breach of a term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant, or condition of this Agreement, regardless of when the breach occurred. 17.03 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. SECTION 18. ENTIRE UNDERSTANDING 18.01 This Agreement, including all Attachments, Schedules, and Exhibits attached hereto constitutes the final ent.ie amend complete agreement het;»aen tha TT(lA and tha f y end supersedes any prior and contemporaneous negotiations, understandings, representations, and/or agreements between the parties. Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 18.02 Neither this Agreement nor any provision hereof may be modified except by an instrument in writing, signed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. EXECUTED on this the day of , 2006 Ci T Y OF FORT WORTH TWIN ivuLLS_riOT E OWNERS ASSOC --I0, N C.. ,44 Libby Watson Douglas 1 and Assistant City Manager _ APPROVED AS TO FORM AND LEGALITY: By: VAttested By: Benitaer Assistant�?tv Attorney fit,U Q� Marty Hendyk City Secretary i Page 9 of 9 MR'S-Oct-2006(THU) 12; dd TRIWEST GROUP (FRX)8177881670 P. 003/006 Moak, urveyors, Inc. LICENSED STATE:AND REGISTERED PROFESSIONAL•1.'AND SURVEYORS Texas • New Mexico • Arizona • Nevada - Topographv • Forensic Survevs David W. Myer&LS.L.S.,R.P.L.S. • Land Title Surveys John W. Morgan.R.P.L.S. • Any Sizc Roundarics Jason B.Rawlings.R.F.L.S. • Construction Lavvut - Plattin_WL.and Planning FIELD NOTE DESCRIPTION THIS FIELD NOTE DESCRIPTION IS ACCOMPANIED BY A SURVEY PLAT WHICH IS MADE PART OF THIS DOCUMENT. TRACT ONE: ALL that certain tract or parcel of land situated in the HEiRS OF BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497 in the City of Fort Worth,Tarrant County,Texas and being Lot 32, Block 1,Twin Mills, an Addition to the City of Fort Worth,Tarrant County,Texas according to the plat recorded in CaNnet A, Slide 10044, Plat Records,Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod with cap stamped"MOAK SURV INC"set for the southeast comer of said Lot 32,said rod being the intersection of the northerly right-of-way line of Bailey-Boswell Road (County Road No. 4040--a variable width public right-of-way)and the westerly right-of-way line of Twin Mills Boulevard (a 60 foot public right-of way); THENCE North 89 degrees 51 minutes 54 seconds West with the southerly boundary line with said northerly right-of-way line a distance of 276.67 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC'found for the most southerly southwest comer of said Lot 32; THENCE northerly with the westerly boundary line of said Lot 32 the following calls: North 00 degrees 08 minutes 06 seconds East a distance of 106.52 feet to a 112 inch capped steel rod stamped"MOAK SURV INC"found: North 71 degrees 58 minutes 50 seconds West a distance of 107.21 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC"found for the beginning of a curve to the left whose center bears North 59 degrees OTminutes 32 seconds West at 50.00 feet; northerly with said curve through a central angle of 83 degrees 46 minutes 06 seconds and an are length of 55.65 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC" found: North 57 degrees 06 minutes 22 seconds East a distance of 20.00 feet to a 112 inch capped steel rod stamped"MOAK SURV INC"found; North 00 degrees 08 minutes 06 seconds East a distance of 116.85 feet to a 112 inch capped steel rod stamped"MOAK SURV INC"found; North 89 degrees 51 minutes 54 seconds West a distance of 18200 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found; Page 1 of 4 1105 Check Sparger Road • Colleyvilie.Texas 76034-4152 •www.moaksurveyors.com • Metro 81.7-268-2211 • Fax 817-282-040: Member Texas Society of Professional Surveyors&American Cangms on Surveying and Mapping MAY-O4-2006(THU) 12: 44 TRIVIEST GROUP (FRX)8177881670 P. 00411006 MoaW8u !eyors, Inc. LICENSED STATi ,ND RCGISTERED PROFESSIONAIt-)kNO SURVEYORS Texas • New Mexico - Arizona • Nevada • Topograpliv • Farensic SrveNls David W. Mvers, LS.LS.. R.P.ir.S. • Land Title Surveys John W. Morgan.R.P—L..S_ - Any Size Boundaries Jason B.Rawlings.R.P.LS. • Construction LUVOU[ • Plattin_K2nd Planning North 44 degrees 51 minutes 54 seconds West a distance of 28.28 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found; North 00 degrees 08 minutes 06 seconds East a distance of 660.00 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC"found; North 89 degrees 51 minutes 54 seconds West a distance of 110.12 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found; South 40 degrees 07 minutes 52 seconds West a distance of 14.29 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found for the beginning of a curve to the left whose center.gears South 54 degrees 36 minutes 31 seconds West at 50.00 feet; northwesterly with said curve through a central angle of 75 degrees 15 minutes 38 seconds and an are length of 56.55 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found for the beginning of a curve to the right whose center bears North 21 degrees 39 minutes 07 seconds West at 20.00 feet; westerly with said curve through a central angle of 21 degrees 47 minutes 12 seconds and an are length of 7.61 feet to a 112 inch capped steel rod stamped "MOAK SURV INC' found; North 89 degrees 51 minutes 54 seconds West a distance of 50.46 feet to a 112 inch capped steel rod stamped "MOAK SURV INC"found; North 00 degrees 08 minutes 06 seconds East a distance of 115.00 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found; North 89 degrees 51 minutes 54 seconds West a distance of 20.00 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found; North 00 degrees 08 minutes 06 seconds East a distance of 255.00 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INV found; THENCE South 89 degrees 51 minutes 54 seconds East a distance of 10.00 feet to a 1/2 inch capped steel FOCI stamped"MOAK SURV INC"found forthe beginning of a curve to the right whose center bears South 00 degrees 08 minutes 06 seconds West at 325.05 feet; THENCE easterly with said curve through a central angle of 08 degrees 14 minutes 23 seconds and an arc length of 46.75 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found for the beginning of a curve to the left whose center bears North 08 degrees 22'minutes 33 seconds East at 375.00 feet; THENCE easterly with said curve through a central angle of 19 degrees 02 minutes 50 seconds and.an arc length of 124.66 feet to a 1/2 inch capped steel rod stamped WOAK SURV INC"found for the beginning of a curve to the left whose center bears North 69 degrees 26 minutes 01 seconds East at 2730.00 feet; Page 2 of 4 1105 Cheek Sparger Road • Colleyville.Texas 76034-4152 • warw.moaksurveyors.com •Metro 517-2 8.nii, : (�- Member Texas Society of%fossional Surveyors A American Cargrm on Surveying and Mapping VEX. MH4-04-2006(THU) 12: 114 TRIWEST GROUP (FAX)8177881670 P. 0051006 Moak.." 9"�OY'Sa Inc. LICENSED'STATE-AND RE=GISTERED PROFESSIONAL LAND SURVEYORS Texas • New Mexico • Arizona • Nevada • Topographti • Forensic Surveys David W.Myers. LS.I_S..R.P.LS. - Land Title Suncvs Sohn W. Morgan.R.P.LS. • Any Size Boundaries Jason B.Rawlings.R.P.1-S. • Construction Lnvout • Platting/Land Planning THENCE southeasterly with said curve through a central angle of 07 degrees 48 minutes 00 seconds and an arc length of 371.65 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found; THENCE South 28 degrees 21 minutes 59 seconds East, passing at 19.33 feet a 1/2 inch steel rod with cap stamped "AREA SURVEYING"found for the most northerly comer of said Lot 5,said rod being in said westerly right-of-way line, and continuing a total distance of 867.78 feet to a 1/2 inch steel rod with cap stamped "ESF&A"found for the beginning of a curve to the right whose center bears South 51 degrees 38 minutes 01 seconds West at 595.48 feet; THENCE southerly with the easterly boundary line of said Lot 5 and said right-of-way line and with said curve through a central angle of 27 degrees 32 minutes 18 seconds and an arc length of 286.21 feet to the PLACE OF BEGINNING and containing 8.795 acres of land, more or less. TRACT TWO: ALL that certain tract or parcel of land situated in the HEIRS OF BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497 in the City of Fort Worth,Tarrant County,Texas and being Lot 8, Block 9,Twin Mills, an Addition to the City of Fort Worth,Tarrant County,Texas according to the plat recorded in Cabinet A, Slide 10044, Plat Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch capped steel rod stamped "MOAK SURV INC"found for the northwest corner of said Lot 8; THENCE North 89 degrees 40 minutes 25 seconds West a distance of 11927 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found for the northeast comer of said Lot 8; THENCE South 00 degrees 19 minutes 49 seconds East with the easterly boundary line of said Lot 8 a distance of 24.92 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC"found forthe beginning of a curve to the left whose center bears North 89 degrees 40 minutes 11 seconds East at 2730.00 feet, THENCE southerly with said curve through a central angle of 19 degrees 10 minutes 13 seconds and an arc length of 913.41 feet to a 1/2 inch capped steel rod stamped"MOAK SURV INC"found for the southeast comer of said Lot 8, said rod being in the northerly right-of-way line of Wild Oats Drive and also being the beginning of a curve to the right whose center bears North 09 degrees 12 minutes 54 seconds West at 325.00 feet, THENCE westerly with the southerly boundary line of said Lot 8 and said northerly right-of-way line and with said curve through a central angle of 17 degrees 35 minutes 26 seconds and an are length of 99.78 to a 1/2 inch capped steel rod stamped'MOAK SURV INC"found for the beginning of a curve to the left whose center bears South 00.degrees 22 minutes 29 seconds West at 375.05 feet: Page 3 of 4 1105 Cheek Sparger Road • Colievvilie,Teras 76034-4152 • www.moaksurveyors.com • Metro 817-268-2211 • Fax 41.7-282-0401 Member Texas Society of Profassional Surveyors&American Congress on Survaying and Mapping . MAY-04-2006(THU) 12: 44 TRIWEST GROUP (FRX)8177881670 P. 0061006 Moak 8 '><irveyors, Inc. LICENSED STATH AND REGISTERED PROFESSIONAL LAPID SURVEYOR$ Texas • New Mexico • Arizona • Nevada • Topograpliv • Forensic Surucys David W.Mvcry.LS.L-S..RTA..S_ • Land Title Sur evs John W. Morgan.R.P.L.S. • Amy Size Boundaries Jason B. Rawlings,[tZL.S, • Construction Divout • Platuing/Land Planning THENCE westerly continuing with said southerly boundary line and said northerly Eight-of-way line and with said curve through a central angle of 08 degrees 14 minutes 23 seconds and an arc length of 53.94 feet to a 112 inch capped steel rod stamped'MOAK SURV INC"found; THENCE North 89 degrees 51 minutes 54 seconds West continuing with said southerly boundary line and said northerly right-of-way line a distance of 10.00feet to the southwest comer of said Lot 8; THENCE with the westerly boundary line of said Lot S the following calls; North 00 degrees 08 minutes 08 seconds East a distance of 365.00 feet to the beginning of a curve to the left whose center bears South 83 degrees 45 minutes 07 seconds West at 2862.08 feet; northerly with said curve through a central angle of 03 degrees 13 minutes 40 seconds and an are length of 161.23 feet; North 89 degrees 51 minutes 54 seconds West a distance of 46.07 feet; North 00 degrees 08 minutes 06 seconds East a distance of 161.09 feet; North 89 degrees 51 minutes 54 seconds West a distance of 46.50 feet; THENCE North 00 degrees 08 minutes 06 seconds East continuing with said westerly boundary line a distance of 230.53 feet to the PLACE OF BEGINNING and containing 2131 acres of land, more or less. r OF %;�+ L JASON 8. RAWLINGS -0 5665 pr;D.�Eis'i��o SU 14 Page 4 of 4 1105 Cheek Sparger Road - Cotieyvilie,Texas 76034-41-52-www.moaksurveyors.com •Metro 517-268-2211 • Fax 817-282-0401 Meftcr-ram Society of ftlessional Surveyors&American Congrass an Surveying and Mapp'mg MRY-04-2006(THU) 12: 44 TRIWEST GROUP (FAX)8177881670 P. 002/006 N a9�4Crrs�119.v" j 00°19.49"E X4.92' • P.Q.B.TRACE TW0 N 00°OS'06NE 230,53' T 1tllLs wnTED PAkMkfkFaP ON0. D204ar0071 clt.r.GT. 8 N 89°51'5.4_ N 00008DVE 161.09' All boundary corner monuments L 913 4 ' shown hereon are 1/2 inch steel N89°51"54 .QT R' - rods widh cap stamped "MOAK CURVE DAMR 316 SURV INC" unless noted otherwise.. C1 L-53.94' R•37505' BL 9 C2 L-99.7W R-325.00' C3 L-46.75' R-321W S C4 L-124.66' R-375.00' � CS L-6655R-SC1.00' C6 L-7.61' R-20.00' C7 L-55.65 R-50.W TAURUS TVM 'AL.L% UUM) I-MRWN4ttP OWUMENT NO. =4011K71 D.R.TAT. S 89051'54"E 10.00' Lw W Z IV W5754*W N N8 BEARINGS ARE BASED ON 1 1�, RECORDED PEAT FOR TWIN N 89°52154 f— MILLS, CABINET A, SLIDE 10044, P.R.T.C.T. R BLOCK 1 N 89051'54*W:L 182.00" is N 44 'WO THIS SURVEY PLAT IS 2 $" L-286,21' ACCOMPANIED 8YA FIELD NOTE Ci N�° R=595.48' DESCRIPTION WHICH 1S MADE M'�`r�'� tvy� Yy PART OF THIS DOCUMENT. N -� ..n N 8905'1S4'W 276.67' W.eAa.er Dbcwku.IhlAry P.O.S.7RAC.7 ONE Scale 1"-3W OF _ LEGEND .�QA Moak S�xrveyflrs, Inc . LICENswirIIT:EMANREGISTERED • FOUND STEEL ROD ` PROFESSIONAL-LANR'SURVEYORS IASON S.RAWLINGS 1 rms•New,Mrsko 'Azo4-Nevada + CROSS CUT IN CONCRETE 5665 a .. M �✓ 1 {} FOUND STEEL PIPE 9 FEss�°••-� 1.105 Cheek Sparger Roa Coneyy11c,Texas 76034 tib'•.•.....J� Metro 817-26&2211 a Foulvo Bols D'ARc STAKE s�R r�x7-zs2.oaoi OVERHEAD UTILITY LINE �>���yera.com —x— CENTERLINE FENCE COORDINATE FILE TM .nrr Date MAY 2.2� Job#03-199PD tri?NIW/� c O N vi -C f9 N N V d to O N 3 C fl 2 C O L m m O > N - N N D C m 'i }' E m � � 3 t ,o Lo E N C Co L . U O L Q >+.r C C > } L o d'� N m �� � a O L � C N C m ` m d m 3 N Q C ._ N O m V U a OO Vj E C da CCU C C `a C O C U) co A N N Z = 0 § 'Z v rn - ami rn `�'a 0LV : m 3 � ma .v 3 LVA E .S � >, � � D m U) VH 0 (D oo 3 � CD.Ed c°aa� 0 U c m E S � -� o QM as � € ' o ° oa LV mu' oU mrnQ a 3L (} a Z L O C O m 0 m m o ZW (D CoQ ` m 0V = aim _ mai- o Q (D 3 > o — H > S ° °- rn m mO w ri) ,C m N > L c N N LU O C N = 3 N + U Z 5 Earn �' � a� o acv a 00) 0) 0 � CO, � Z cm- 0 p O m m N cm c c"o ai 3 ° c O m a 3 o rn 00 .2 0 - a C o ' 0 O UQ m >, co � L cm m UQ � V 00 - � Ui __ UE x co W c- 0 0 — � a� c mam) E m cu D = 3c m C > � ' cno CO Z 3 >, V O O ai N Y N OQ m NV L .O Jii c a N N ' >+ C �' m N N N 3 V Y o a�iU E m a>> c .c � L am �y U IL - WL E S 3 'E .S t c WQ o ocaz o - :° 3 m H a Co U E C Z c`o 3 co maw �, CO .S o 0 c '�o +. N c � C � a � a - o ° m O0 m 3 > 0 � c O C c L p C N J UN m N V M N co dp ° v (D OL i> o o c 0 0 "O m a� cmi� v°, m 0MU) vao (D pv� m hoc 5 000) 0 'n m .0oD) A2 ° +`N, a ao 0cc (D v, vrn a�0 mu E a I- 03 ° a`mim o- g>ic�im m a� mo C, m aaeE) � a� �' ^ uciui o EQn. (D Co� cm Erna? m (D 0 m 3 C m �? O � N = j L C L o x L Q m N 0 = O E V O =' W ►- "0 Q2OR LLw „° LL Eoccu o L 'N 4) O 21 L N > > >> L '� 76 _= N N > W J J J J 3 y J J J N N N C 'M L _ C lC c W U N N N N > cd > E E E � >+ cu E E E W U U) � o c v c a rn U) O N fn NL C N 0) E y 0 ° cu d o M N of Z E m 3 a t o 4) a) vi L(D >, o. `� V1 0L 0 fC N cD U .�-. N 0 cd �0+ E ca 3 0 O N C O ,t 't C O `C cm 0 L C 3 O C O 0 0 U +O+ C O N C O O E v v p C N N c0 >+ ui E — N N N O O C (-d .r 3 E C o° " N J .. c t. t. c }. 3 cu N Q O CD Wo 30 3 3 °' > � 3 a >. oo OLO w0 00 O 0000 O ccaN 3 � E 0 CU m "5 z a z z cn U Q z 2 :� F- CO (D U 3 OL c m w c � cu (D c U) C L (Da) aD > ca c � ca ca 9? 3 a 0 > c o5c o c .. 0s t32E2lm cm ME;= L � c (D0 E aZO E $ U E (D .2 0 cm E c 3 3 � 3 � 3 •Lm LcCU (D L 3 '= L 3 '5 L O ., ° c 3 a� a� aU N a0 N CLU Qc N CO N V J J CU 0 c N C N c N -1C •� Q C U) tp � � Esc E -o c E .a c � 2 °� >, � � � c cu ca W L ++ L ++ L C ++ L + L U L cu cd L N L > � moo (D00 (D0o 4)— = 3 � :? Eo0 E E � 2 O m O ca O ca 12 O m a r z .� � ) M cn cn c CO ° N ° N N (D N a) ..o of t aNi :� m m 0 = � M D u, a'�i vi >,� (D03U) a) 0 0 a� a� o }, m a� 0 c .- � � o E �CL � CXE 3 3 � °c 3 3 ,� ma0i3 acx 0 (D -v, CU0 CD U) Q cx $ mo ° N -Q 00 — N � c N N rn vi O L Cc Cc O L fl c;a a` N W a� 0 0 3 0 0 3 co 1° " ;, a �c—, a cn Q 2. w o c 3 �c 3 3 O •c cM o ;cm„ o M o "(D .o � > O F ca H F z :,. 3z ° Uvs ° U —U) ate' ca o =3 c 0 C a c ani o — O C L- -U) to C 0 oa 0 = g >a� a? (D N o rn mY W � U � UU U cd E M `o c w. CL E a Q N a Q m s to 0 U 0 Q 0 0 c3 N 0 U CD aj U O 0 F- 7jj c E N N aa ) E N N :3O > W c Q J c J J O J J c c N N Vi c a +O. c m 4; _O C cc N N 3E 3 ° 3 (D U z •o vh z v�v � 3 C u) in z 3 0 CD (D O m (L) m w ai �_ i v aid_ � :3 t a � o v N N ui � ''' c o rn vica ba a� ba Uc N m 3 m m � •c o c �,c °' CL � ° CL- r_ � c ai m � fdoe 0U (D c «. m o 0) C.) ° fl- rnc�i c ° �Mo c a� (D N > 3 C c � � � `� m 'E c ac Y '� � aci � J c `� 3 3 ° a� �- m ccn w � cc U) m y m � ° •c o m ' ° 3 m � c O 3 � 3m 3 � o :. N 3a� — �' :3 moo 2 m �. �- a� E U - CL m � � zw z � zw c � CO °cw z3it L U) m � X — c O c c O _ c p W m O L 4 3 O O E O O O O Q E }' N Y N �C N Y N 3 m a m a m N> (L) 0 cmc N ° '3 vi a� vi N3vi Nm � � 3N 3y m e c c a �. c }. nc v 3 •` m 3 m 3 m 3 0 N ` c M a ° U E aU E aU E QU Cn 'm C) E ` oU E m 0 ° m > ° ° - a� m a� = m M c a m a? — m C: E m 3 E 3 E 3 > > E o c- 3 '� 3 3: :3 m = or Ems a� -' 00 'o o 0 u� c°i � J m co Y cmi C -1 m O .6 N c N c c c c c m c _m N O c �•> N c a' . O m O m O m m O ,_, m c m m W ° Q a C ° C a 'C a� a:9 " v 'c o a .S > 0 °? m a� aOO u30O a' 0o E a; n3 a? oov, °' 00 _c mai ., m � c ;r mom , m0rt m mai _ mom , ° � 0 , J N U Y m m m f� Y U m f� m m n} CC a) N N d ` cca 3 3 3 41 T 3 - 3 CL c a `� c ° w a Q a w a� > ,C m m m rnE m y � c ' Ea tc c E m 0 N }, � c O O O O CD cc L- c ai u 4) 00 we c � 'a IL � > � }? vi (D M u? a? c .� a: tea? c°� ° o W -i > � 3 S' Ute. S� X33 Qvi m cc C'E m � aNi a o � �' � _ nv otS � 2 L- =C E Y v m :) c -,,e c F- v� m U) �- O L fAV m OL oma � l�0 •� � L U cc Q d vim, CNJ N 0 c j a? 3 N m rn � � U Q ti j v 0FL 0 m U N o Z L- 0 `m c 3 N — — m t E (1) C_ (1) (D a>i CL cn °o O k W L N �' N W W .O, (D 4? 4? m m N N Q O L J V m m lC td a) a) O a) y 7 +�+ m > — 3 3 3E E3 JU Z N z Z 0)0) Z yt 0 N .. m N or- N N a) C 3 c vo 1E 'n Q 3 0 0 aj O C 0 3 c -� v 'p -p 3 N O m C �/) > � N U C) 'a w w Opp O a }, - U (U O > t E `CV E 3 o c cw ,y a c 'S C.'3 '� o mL) C. 0 m ocm2 U)C m C 'o R c a? U 6 a as m vi ca m a�'i rn o_j 0 � o o m , E N a� 'a'o = M W p 3 a U o 0 -Ea) C a) 3 p p � U . 41 > +` v d L WN O U O O O C_ cC O N p O 'p m c9 c FmL- z z � � � 3 � � ca ani H N m O o c c M o m d V C a v _ 'n L a� M +�. -o c ? x 3 w m a� a E � p Co m c o 0 3 ° E2 2 E m E o c L a CD +. 0 _ N O (0) ._• N 3>+ N N N � w Ca m C cc L) 0 15 c m 3 � 3 � 3U 3 m oa) .0 n U) °�' 3 � 0 '9 m X 3 3 a) '- T � - 0 o c (ci cr o ) � t = M m CL e m = E N o opo v) ca L m rn � N � o a mom. o 0 J � p >, � -p .0 O c ca E � c O c u E c Ov. a 3 ON O- W c m +. c � 'E :. c c� •E 3 • O O o a� WO N -p p 0 U p p X w (Dy .� � C V +. N C U O gyp- O Nw -0 C > t .'z :9 J � w .— Oca � ccLa c� Oc�a � cc�a � � rnov- cu *a _ N CD m ter . U' m aim to ` � y E a) E a) � N jouo ca m 0 U) cc 'i n3 Et > Y a c N N N o 4 a'i w N o of N ca o2W ammo 3 U omm E v Q U � za' NviN-� aci m E N a? = = 4? o o -0 v � � C o 3 CL ca c o Cpm mc0C (O CL — " - cD 3 0 m t _3 o v °� d a' cECL� UO y J =O C N ''' � O d N a) La C > 0 r=. O V 3 V � ca C O H O 'O W � U C m E m E }' 3 0 Wo om 3 0 = � '� m 0 o c"ia� a�iCWi � — `dE .o J > U 3 H z � � �' z U m � d e o oL U m cCO � Z 3 =_ m -C 0 :3C� N O E m a m m m U) cu w :? U _mow Z p N F- a) Q N > O d N o 0 N U >- z op m N M c o 'o '0 3 t a 0 L- a) [L ` is m a) ats U v� ca z 0 0 0 ° c rnL C � E C � -0 3 �' � � a� o ¢ > 3 � � ate`, y O f° °D (D :3 c Z m o FL m [L �voi � acnQ � � v, Qa W J 0 H CL H CO> o `= CLQ po Q m Cd U C] w IL: C7 z .: c%i <*i tt ui 4d o U N cjug ! q;.g�r.,c t r Z 3 0 0 - � vQ a� W W Y r 7 U f0 co 7 to —_ •- C (D 3: N !� V L O w to 0 O C H LO C � � N � d O C C fl rn a fn � L m N C H _ _d C Y N 2 r .� CO 3 d 7 T YO V O C _ h C N f0C . � 2 'C O = U dl m m Y f0 a� 3 _ O ami E •3 � 3 � � E mac � � t �0CM :) N = O Q) c Z 3 U C 0 C O C00 3 � �c` v� ° ^` W Y W C 3 ° c M ai v 3 4 _ c U N Ccn C O (D -0 0i > c°> o► ,, c -0 o EY me = 2 cw � caai -0 01 N 0. 3 N L N V C6 (D 3 � c v, C Q) � o3m tn0 a� 0a (D z � ° � ° Y D n � O N 'O v (D N a C U) a� cm � o co >, im a m Q r- U 7 +r C Op C O w o� :3 cu > E (D w o p w N E — 0 O =3 0 7 tll a c d U L) E 3 c 3 MD v 0) m 3 to E o ` ca u3 .c E C V O ad+ V1 N C C N t R U c ate+ to �C: lufl fl N~ Ih _ N d N ? D > O rn oc m m a 3 ° a� " M � a a Q0 H I�— H c E H cL Q 0 acoaD,. CERTIFICATE OF LIABILITY INSURANCE UBB 05-04-2006 PRoaurxn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PAYCHEX AGENCY, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE- 210705 P: (877)287-1312 F: (877)538-4364 ALTER THE COVERAGE AFFORDED BY THE THIS CERTIFICATE DOES NOT POU IC ES HE Ow 308 FARMINGTON AVE INSURERS AFFOROING COVERAGE FARMINGTON CT 06032 AYsLwkn INSIATFIIA:Hartford Underwriters Ins Co INsun,R D: $AVERS LAWN & LANDSCAPE, INC. INSURER C: PO BOX 1123 INSLeaFAo: KELLER TX 76244 INa1RFR COVERAGES HC'PO RANGE US HAVE-BREI—N&UED TOTfIE INSURE 0 NAM HMUCY PERIOD INDICAI EO.N—ofW1 ITFISTAR6iNi ANY REOUIHF.MENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 014 MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCR18ED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGNTP.LIMITS SHOWN MAY NAVE BEEN REDUCED BY PND CIAIMS• WHI ITR TrrFOrJNstxIAAOE ADtlerneaatA POLICrtr+kermF rYJiM.rrxPM/nrlaw 1Mtlla CkNERAI IlA54rrr EACH OCCU HkNCE a ""NERCIAL CENERAL LIARIUTY FIX DPJW04E wIr am ILp • CLAIMi MAD,❑Q.OA MED EXP jAry on. w"I S PERSONAL A ADV INIUNY a QENERAL AGCRCGATE s C AGGitGATE LIMIT APPU,S PCR: (`ROOUcrs-COLAPMP ACQ Il Poucr P1O' 71 Loc 4UTO4000/1E L14= v COMIONEO swDLE LIMIT � ANYAUTO IEu*dt4 d ALL OWNED AUTOS _ soal,r erAXIY SCHEDULED AU IDs Irw Pw%wI HIR[D AUros BODILY NXRY = I NON-OWNED AUTOS (rs,Agamu m) P40r6H(Y OAMAOE s Ir*a www CARACE 1lAKITY AUTO ONLY-CA ACCIDENr S ANY AUTO OTHER THAN EA ACC t AU 10 ONLY: ADO S EXCE33 UAWUTY EACH OCCURRENCE S OCCUR CLAIMS MADE AGCIkOATE T L D,Duc riftk e RCTCNTIoN s e WO KRS COAVLAM4 FMV AM X WC 9TATU- OTW A EMINO rlrs•L&Uwry 76 WEG PG7539 04/01/06 04/01/07 IJL FACH A=iDENT $100 000 E,L DmrASC-EA EMPLoYEF i 10 0 r D 0 0 ,•L•DISEASE-POUCY OMIT s5 0 0 0 0 0 O/NER 04SCRVIIMOFoPF.RATMMOCAriOMNvE;;�_-SrFYCIVVOWADDEDYv4WG ffiV r1VECWPROWSOM Those usual to the Insured's Operations. CERTIFICA tHOLDER ADpR10NALMM—;wISURMLEnrk CANCELLATION SHOULD ANY OF THE ABOVE 014SCR10ED POLICIES BE CANCQ.Li-D BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Taurus Twin Mills 30 DAYS WRITTEN NOTICE 00 UAYS FOR NON-PAYMENT I TO I HE CERTIFICATE Atttn: Kristi Campbell HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIC',ATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR 9285 Huntington Sq. Ste 100 APRESENTATIVFS. North Richland Hills, TX 76180 AVrrORATfD r1ryACiTA/MT1VE ACORO 25-S(7197) CORPORATION 1988 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/29/2006 DATE: Tuesday, August 29, 2006 LOG NAME: 80TWINMILLS REFERENCE NO.: **L-14239 SUBJECT: Approve Acceptance of the Dedication of 10.926 Acres of Parkland and Facility Improvements from BNM Properties L.P. for Twin Mills Addition; and Authorize the Execution of an Expanded Maintenance Agreement RECOMMENDATION: It is recommended that the City Council: 1. Approve acceptance of the dedication of 10.926 acres of parkland and facility improvements from BNM Properties L.P., in the Twin Mills Addition, in accordance with the Neighborhood and Community Park Dedication Policy; and 2. Authorize the execution of a two year expanded maintenance agreement with Twin Mills Homeowner's Association, Inc. for parkland maintenance at a City cost of$15,817.40 per year. DISCUSSION: The 10.926 acres of parkland is part of the park dedication required for Twin Mills Addition. BNM Properties L.P., the developer, worked with the Parks and Community Services Department to provide suitable parkland and amenities that will serve this new development. The legal description is as follows: . Tract 1: an 8.795 acre parcel of land situated in the Heirs of Benjamin Thomas Survey, Abstract No. 1497, Lot 32, Block 1, Twin Mills Addition, recorded in Cabinet A, Slide 10044, Plat Records, Tarrant County, Texas; and . Tract 2: a 2.131 acre parcel of land situated in the Heirs of Benjamin Thomas Survey, Abstract No. 1497, Lot 8, Block 9, Twin Mills Addition, recorded in Cabinet A, Slide 10044, Plat Records, Tarrant County, Texas. In addition to the 10.926 acre park dedication, the developer constructed the following facilities/amenities upon the dedicated parkland: six benches, one playground, one trash receptacle, seven picnic tables, three grills, one shelter, one pedestrian bridge crossing, 2,412 linear feet of hike/bike trail and an irrigation system valued at $247,000 which exceeded the park development fee requirement of$216,000. The Twin Mills Homeowner's Association (HOA) will secure, at its own expense, all materials, supplies and other accessories and services necessary to provide expanded maintenance to the area. Such expanded maintenance will include mowing, litter pick up, creek cleaning, irrigation and color plantings. The Parks and Community Services Department (PACSD) will provide funding to the HOA for partial costs related to the grounds maintenance services provided by the HOA on a quarterly basis, in arrears, for services provided the previous three months. The funding provided by the PACSD to the HOA is not intended to cover the entire cost of maintenance services to be provided by the HOA. In no event shall the HOA bttp://www.cfwnet.org/council_packet/Reports/Mc_print.asp 11/9/2006 Page 2 of 2 receive funds if maintenance services are not provided. Twin Mills Addition is located north of Bailey-Boswell West Road and west of Old Decatur Road. The 10.926 acre land dedication is required to satisfy the preliminary plat that fell under the Neighborhood and Community Park Dedication Policy. The parkland is located in COUNCIL DISTRICT 7, Mapsco 33J. The cost to maintain the parkland for the remainder of the current fiscal year is $1,318.12. The parkland will be maintained by the HOA at an estimated annual cost of$15,817.40. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0808021 $1,318.12 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: David Creek (5744) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/9/2006