HomeMy WebLinkAboutContract 40570-A1 (2)r
AMENDMENT TO STORM WATER FACILITY MAINTENANCE AGREEMENT
THIS AMENDMENT TO STORM WATER MAINTENANCE AGREEMENT
(Amendment"), made and entered into this 2211d day of March, 2012, signed by a Party hereto,
is by and between Renaissance Square, LLC ("Landowner") and the City of Fort Worth,
("City") sometimes referred to as a "Party" or "the Parties".
BACKGROUND
A. Renaissance Square, LLC and City entered into that certain Storm Water Facility
Maintenance Agreement dated July 19, 2010, recorded as Instrument Number D210174786 in
Tarrant County, Tarrant County Clerk's office (the "Agreement") respecting obligations of
Renaissance Square, LLC and its successors and assigns related to Storm Water Maintenance
Facilities to be installed an maintained on portions of the Property as defined in the Agreement.
B. The parties desire to modify the limits of Pond 3 and Pond 4-1 & 4-2
C. The parties desire to modify the Agreement to address changes to the Facility to
be constructed by Renaissance Square, LLC and to be subject to the Agreement, as set forth
herein.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. Defined Terms. All defined terms used herein and not separately defined herein
shall have the meaning set forth III the Agreement.
2. Amendment of Exhibit "A". Exhibit "A" of the Agreement is hereby modified
and amended to include the property described on Exhibit as amended and attached hereto.
The Facility Property and the area subjected to the drainage easement described in Section 7 of
the original Agreement) shall be deemed to include the property described on Exhibit "A"
attached hereto.
I Amendment of Exhibit "B". Exhibit "B" of the original Agreement (the "Original
Plans") is hereby modified and amended to include the plans set forth on Exhibit "B" attached
hereto (the "Supplemental Plans"). To the extent the Original Plans are inconsistent with the
Supplemental Plans, the Original Plans are hereby modified. To the extent of any inconsistency,
the Supplemental Plans will govern.
4. Agreement Ratified. Except as amended by this Amendment, all of the terms,
conditions and provisions of the Agreement shall remain in full force and effect and are ratified
and confirmed.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be
executed and sealed by its authorized signatory, effective as of the day and year first above
written.
Executed this �ay of 201 )!
Landowner: Renaissance Square, LLC
a Texas Limited Liability Company
By: Moriah Real Estate Company, LLC
a Texas Limited Liability Company
its Manama _1
By:
Branch, President
City
City of Fort Worth
�sc.�
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
Assistant c;rty Attorney
Contract Authorization
Date
OFFICIAL RECORD..
CITY SECRETARY
FTx WORTH, TX
T
ATTEST 1 �l�h,
n0 / 1 AO_ A
STATE OF TEXAS §
COUNTY OF MIDLAND §
This instrument was acknowledged before me on this ��day of 20L05 by
Alfred Branch, President of Moriah Real Estate Company, LLC, a Texas Limited Liability
Company and Manager of Renaissance Square, LLC, a Limited Liability Company, on behalf of
the Company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ctiC� day of
r , 20 Ia•
�'P"Y�" ``. �DI�1P1A M COWDREY
c, 1.?7.' PUBLIC
ue of Texas
n . Exp. 10-30-2012
STATE OF TEXAS
Notary Public, State of Texas
COUNTY OF TARRANT §
This instrument was acknowledged before me on ,2,ZD/1., by
Fernando Costa, Assistant City Manager of the City of Fort korth, on behalf of the City of Fort
Worth.
otary Public, State of Texas
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
EXHIBIT "A"
FIELD NOTE DESCRIPTION
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the R. Ramey survey, Abstract No. 1342 and being a portion of Lot 14, Block 1 of
The Shoppes at Renaissance Square Addition, an addition to the City of Fort Worth as recorded in County Clerk's
Instrument No. D211065015 of the Plat Records of Tarrant County, Texas (PRTCT) and being more particularly
described as follows:
COMMENCING at the Southeast corner of Lot 2, Block I, of said The Shoppes at Renaissance Square Addition,
said point also being the Southwest corner of Lot 3, Block 1, of said The Shoppes at Renaissance Square Addition;
THENCE South 17 deg 22 min 42 sec East, over and across said Lot 14, a distance of 50.51 feet to the POINT OF
BEGINNING;
THENCE continuing over and across said Lot 14, the following courses and distances:
North 87 deg 48 min 40 sec East, a distance of 179.31 feet to a point for corner;
South 79 deg 46 min 00 sec East, a distance of 110.16 feet to a point for corner;
South 09 deg 18 min 57 sec West, a distance of 77.06 feet to a point for comer;
South 36 deg 00 min 06 sec West, a distance of 23.30 feet to a point for comer;
South 87 deg 16 min 32 sec West, a distance of 228.29 feet to a point for comer;
North SS deg 15 min 56 sec West, a distance of 16.15 feet to a point for corner;
North 15 deg 12 min 51 sec West, a distance of 50.43 feet to a point for corner;
North 10 deg 33 min 40 sec West, a distance of 19.10 feet to a point for corner;
THENCE North 04 deg 37 min 46 sec West, a distance of 41.96 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 0.710 acres or 30,934 square feet. Bearings shown hereon are based
upon an on the ground survey performed in the ffeld on the 1st day of June, 2009.
"� Winkelmann °F''
& Associates9Inc. `?�Q��''S egFo•S+ EXHIBIT A
CONSULTING CIVIL ENGINEERS ■ SURVEYORS : ORM WATER DETENTION FACILIT
8750 HRLCREST PLAZA ORIYE. SURE 323 (972) 420-7090 •"•"'• '• • •• •• SHEET
0AU TOUT 75230 ((972)490-7099TAX LEONARD •aY��u R DETENTION POND (3)
Texas Engfneers RegfstroUon No. 89 ,•,•,,,,,RD E
COPYRIGHT
Surveyors 0, nkelm-oa 5 t' ' P 0.710 ACRES
COPYRIGNT ®2010. Wlnketmann do AssaNates. Ine. �'9
Scale : NIA ! •.O�rF S °? • Q� OF
Date :3/15/2010 q'y0'S •• 4501 PRAIRIE PKWY 2
Dwg. Fife :26042ESMT—DEi3
Project No.: _z6D42_ CEDAR FALLS, I OWA 50613
41l
p«
7
m
J
J
W
for
me
LOT 19 BLOCK 1
— EXHIBIT "A" — —
E E. BERRY STREET
RENAISSANCEI SQUARE LLC
INST. #D209165808
TiiE SHOPPES AT
RENAISSANCE SQUARE
ADDITION
CC# D211065015
LOT 20 BLOCK 1
POINT OF
�MMENCING
S17'22'42"E
50.51'
LINE TABLE
LINE #
BEARING
DISTANCE
L1
N87048'40"E
179*31'
L2
S79'46'00"E
110616'
L3
S09618'57"W
77.06'
L4
S36600'06"W
23.30'
L5
S87416'32"W
228.29'
L6
N55'15'56"W
16*15'
L7
N15*12'51 "W
50.43'
L8
N10633'40"W
19.10'
L9
N04637'46"W
41696'
Winkelmann
& Associates, Inc.
COHSUL7ING CIVIL ENGINEERS r SURVEYORSNC 6750 HILLcp�Sf pU7A OR. SUIT£ 317 ((972) 440-7040
DAl1A5, 7F1.15 73250 (972J 490-7099 FAX
Tams Engineers ReglslraUon No. 89
Texas Sumprs No, 100866-00
COPYRIGHT 02010. Woke4nann & Assacla{es, Inc.
Scale : 13
Date : 3/15/2010
Dwg. File :26042ESMT—DEM
Prokct No.: _26042
5••�c'itS� �/7'�otS
LEONARDA • LUEK
Stoo
o�
LOT 3, BLOCK 1
POINT OF
BEGINNING
LOT 4, BLOCK 1
r i DETENTION POND ESMT. to
MAINT. BY LOT 14 OWNER I-J
mm M/K
LOT 14, BLOCK 1
La
EXHIBIT A
)RM WATER DETENTION FACILIT
DETENTION POND (3) SHEET
0.710 ACRES 2
OF
4501 PRAIRIE PKWY 2
CEDAR FALLS, IOWA 50613
EXHIBIT "A"
FIELD NOTE DESCRIPTION
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the R. Ramey survey, Abstract No. 1342 and being a portion of Lot 14, Block 1
of The Shoppes at Renaissance Square Addition, an addition to the City of Fort Worth as recorded in County
Clerk's Instrument No. D211065015 of the Plat Records of Tarrant County, Texas (PRTCT) and being more
particularly described as follows:
BEGINNING at a point for corner on the most Southerly East line of said Lot 14 and the most Southerly West line
of Lot 15, Block 1, of said The Shoppes at Renaissance Square Addition, said point being North 00 deg 02 min 50
sec East, 26.51 feet from the most Southerly Southeast corner of said Lot 14,
THENCE departing the most Southerly East Iine of said Lot 14 and the most Sou#herly West line of said Lot 15,
over and across said Lot 14, the following courses and distances:
South 87 deg 58 min 29 sec West, a distance of 178.03 feet to a point for corner;
South 88 deg 04 min 56 sec West, a distance of 95.05 feet to a point for corner;
South 8$ deg 54 min 32 sec West, a distance of 317.01 feet to a point for corner;
South 00 deg 01 min 38 sec East, a distance of 11.29 feet to a point for corner;
South 89 deg 58 min 22 sec West, a distance of 20.00 feet to a point for corner;
North 00 deg O1 min 38 sec West, a distance of 10.49 feet to a point for corner;
South 87 deg 41 min 09 sec West, a distance of 17.88 feet to a point for corner;
North 86 deg 21 min 16 sec West, a distance of 13.48 feet to a point for corner;
North 75 deg 14 min 48 sec West, a distance of 5,20 feet to a point for corner;
North 23 deg 47 min 29 sec West, a distance of 4.50 feet to a point for corner;
North OS deg 02 min 41 sec West, a distance of 69.91 feet to a point for corner;
North QO deg 00 min 22 sec East, a distance of 5.00 feet to a point for corner, said point being the beginning of
a non -tangent curve to the left having a radius of 561.07 feet, a central angle of 03 deg 04 min 11 sec, a chord
bearing of North 05 deg 41 min 45 sec East, and a chord length of 30.06 feet;
Winkelmann
& Associates, Inc.
SURVEYORS
CONStJLTINC CIVIL ENGINEERS ■
n6a RRiDRESf PIAlA RIVE, SUfO: S23 (97t) ND-069a
Duos, teas 7s7so a:x sea —loss 7uc
Texas Fngheers Registration Na. 84
Texas Su yom No. 100866-00
COPYRIGHT ® 2010, Winkelmann & Associates, Inc.
Scale : NA
Data 3/15/2010
File :26042ESMT—DET4-1
:t No.: �z6042_
(Continuing on Page 2)
. Q. Fo •,
►„
LEONARDIA SLUE
� ••"� 5 1 v
SHEET 3 FOR LINE &CURVE DATA TABLES
EXHIBIT A
)RM WATER DETENTION FACILIT
DETENTION POND (4) MET
2.104 ACRES I
OR
4501 PRAIRIE PKWY 4
DAR FALLS, IOWA 50613
CE•
EXHIBIT
(Continued from Sheet 1)
Along said non -tangent curve to the left, an arc distance of 30.06 feet to a point for corner, said point being the
beginning of a non -tangent curve to the left having a radius of 33.82 feet, a central angle of 35 deg 51 min 16
scc, a chord bearing of North 04 deg 50 min 16 sec West, and a chord length of 20.82 feet;
Along said non -tangent curve to the left, an arc distance of 21.16 feet to a point for corner;
North 31 deg 45 min 2$ sec West, a distance of 26.29 feet to a point for corner, said point being the beginning
A non -tangent curve to the right having a radius of 18.27 feet, a central angle of 125 deg 45 min 14 sec, a
chord bearing of North 33 deg 44 min 18 sec East, and a chord length of 32.53 feet;
Along said non -tangent curve to the right, an arc distance of 40.11 feet to a point for corner,
South 89 deg 40 min 58 sec East, a distance of 98.65 feet to a point for corner, said point being the beginning
of a non -tangent curve to the right having a radius of 32.68 feet, a central angle of 24 deg 07 min 22 sec, a
chord bearing of South 80 deg 10 min 50 sec East, and a chord length of 13.66 feet;
Along said non -tangent curve to the right, an arc distance of 13.76 feet to a point for corner;
South 54 deg 38 min 20 sec East, a distance of 14.16 feet to a point for corner;
South 44 deg 59 min 14 sec East, a distance of 26.76 feet to a point for corner;
South 67 deg 23 min 46 sec East, a distance of 13.14 feet to a point for corner;
South 88 deg 3Q min 23 sec East, a distance of 81.89 feet to a point for corner;
South 88 deg 16 min 36 sec East, a distance of 58.16 feet to a point for corner;
South 82 deg 35 min 49 sec East, a distance of 68.97feet to a point for corner;
North 89 deg 26 min 34 sec East, a distance of 198.67 feet to a point for corner;
North 88 deg 15 min 12 sec East, a distance of 87. 11 feet to a point for corner on the most Southerly East line
of said Lot 14 and the most Southerly West line of said Lot 15;
THENCE South 00 deg 02 min 49 sec West, along the most Southerly East line of said Lot 14 and the most
Southerly West line of said Lot 15, a distance of 120.73 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 91,655 square feet or 2.104 acres of land, more or less. 9,523
square feet. Bearings shown hereon are based upon an on the ground survey performed in the field on the 1st day
of June, 2009.
Winkelmann
� Associates, Inc.
CONSULTING CIVIL ENGINEERS M SURVEYORS
3730 HILtORESf PLAZA DRIVE. SURE 323 (an) s40-7090
OALLA4. TCxAa 762Y0 (a7Z) 440-7099 t
Texas Englneen Registration No. 89
Texan Surveyors Ne. 700868-00
COPYRIGHT ® 2010, Mnkeimonn & Associates, Inc.
Scale : N/A
Date 3/15/2010
LDwg. File :26D42ESMr--DE74--i
Pro)ect No. :..�6042._._ �
OFT EE SNEET 3 FOR LINE &CURVE DATA TABLES
�:•�o AF•:s EXHIBIT A
ji-li
TORM WATER DETENTION FACILITSHEET
EK R DETENTION POND (4)2
P,•2.104 00
ACRESRENAISSA
OF
60
SQUARE L
°Q 4501 PRAIRIE PKWY
CEDAR FALLS, IOWA 50613
�r
EXHIBIT
LINE TABLE
LINE #
BEARING
DISTANCE
L1
N00402'50"E
26.51'
L2
S87058129"W
178*03'
L3
S88'04'56"W
95.05'
L4
S88454'32"W
317.01'
L5
S00601'38"E
11.29'
L6
S89'58'22"W
MOO'
L7
N00001'38"W
10.49'
L8
S87441'09"W
17, 88'
L9
N 86'21'16"W
134 48'
L10
N75'14'48"W
5,20'
L11
N23'47129"W
4.5O'
L12
N05'02'41 "W
69.91'
LINE TABLE
LINE #
BEARING
DISTANCE
L13
N00900'22"E
5.00'
L14
N31'45'28"W
26.29'
L15
S89'400589'E
98.65'
L16
S54'382011E
14016'
L17
S44059'14"E
26.76'
L18
S67'23'46"E
13.14'
L19
S88'30'23"E
81.89'
L20
S88'16'36"E
58.16'
L21
S82'35'49"E
68.97'
L22
N89'26'34"E
19&67'
L23
N88'15'12"E
87.11'
L24
S00'02'49"W
120973'
C�l4`dE TABLE
N06
DELTA
RADIUS
LENGTH
CH. L
CH. B
C1
3*04'11
561.07'
30.06'
30.06'
N05'41'45"E
C2
35*51116"
33.82'
21.16'
20o82'
N04'50'16"W
C3
125045'14"
18.27'
40.11'
32.53'
N33444'18"E
C4
24207'22"
32.68'
13.76'
13.66'
S80'10'50"E
Winkelmann
& A,ssnciates, Inc.
FAX
CONSULTING CIVIL ENGINEERS ■SURVEYORS
0750 HI LLCPEST PIMA DRIVE. SUITE SSS (971) 490-7090
DAl1A5. TEXAS 75Z10 971) 490-7099
Texas Englnerls ReglstraUon No. 69
Texas Surveyors Na, 100666-00
COPYRIGHT ®2010, winkelmann & Associates, Inc.
Scale : N A
Date : 3/15/2010
Dwg, File :26042ESMT—DET4-1
Protect No. :._._.._26042
•. o
LE6400
ONARD.JAYt UE �E
:p 57 4 P
EXHIBIT A
)RM WATER DETENTION FACILIT
DETENTION POND (4) SHEET
2.104 ACRES 3
OF
4501 PRAIRIE PKWY 4
CEDAR FALLS, IOWA 50613
EXHIBIT "A11
LOT 15, BLOCK 1
THE SHOPPES AT RENAISSANCE
SQUARE ADDITION
CC# D211065015 L24
NI
JI ,
1
I
I
I
NI
JI
LOT 14, BLOCK 1
THE SHOPPES AT
RENAISSANCE SQUARE
ADDITION
CC# D211065015
I
I
�w
Cn z
wo
Z
O
OI �}
�I ZO m
RENAISSANCE SQUARE LLC zz
CC# D209165808 I-
�Z�'4
Scale 1 "=100'
JI �
I
L18—
L17�/
L1
a-
U
�I
L1 L9
/��asse
Ct / C2 C1 L12
Winkelmann
& Associates, Inc.
CONSULTING CIVIL ENGINEERS ■ SURVEYORS
07a0 RRILR¢97 PIA7A DM ]IInL s9s {979) 490-7090
O.ul/$, 7FY/S 7a7A0 (972) 190-7099 r
Taxers Engineers Regblratlon No. E9
Texas Surveyors Ho. 100896-00
COPTRIGHT ® 2010, Winkelmann & Assoelotes. Inc.
Scele : 1" = 100'
Date :3/15/2010
Dwg. ale :26042ESMT—DET4-1
Prolect No.: ____26042—
Q�G�ST6gFo
••..r••.•rr•r•. rr••r ea
iEKE
r • � 571
r
I j�\
I � �
I� I
II
I
I REMAINDER OF LOT 1, BLOCK 1
MASONIC HOME AND SCHOOL
ADDITION
Jl VOLa 388-102, PG, 30
I I ZONED "A-5" (RESIDENTIAL)
to
0
00
II
II
I
I
i
�I
J
I
II
i
II
i
5
I
10
11
FORT WORTH ISD
VOL. 2547, PG. 198
EXHIBIT A
RM WATER DETENTION FACILI
DETENTION POND (4)
2.104 ACRES
4501 PRAIRIE PKWY
CEDAR FALLS, lOWA 50613
c,llq)l�
Z
O
OI �}
�I ZO m
RENAISSANCE SQUARE LLC zz
CC# D209165808 I-
�Z�'4
Scale 1 "=100'
JI �
I
L18—
L17�/
L1
a-
U
�I
L1 L9
/��asse
Ct / C2 C1 L12
Winkelmann
& Associates, Inc.
CONSULTING CIVIL ENGINEERS ■ SURVEYORS
07a0 RRILR¢97 PIA7A DM ]IInL s9s {979) 490-7090
O.ul/$, 7FY/S 7a7A0 (972) 190-7099 r
Taxers Engineers Regblratlon No. E9
Texas Surveyors Ho. 100896-00
COPTRIGHT ® 2010, Winkelmann & Assoelotes. Inc.
Scele : 1" = 100'
Date :3/15/2010
Dwg. ale :26042ESMT—DET4-1
Prolect No.: ____26042—
Q�G�ST6gFo
••..r••.•rr•r•. rr••r ea
iEKE
r • � 571
r
I j�\
I � �
I� I
II
I
I REMAINDER OF LOT 1, BLOCK 1
MASONIC HOME AND SCHOOL
ADDITION
Jl VOLa 388-102, PG, 30
I I ZONED "A-5" (RESIDENTIAL)
to
0
00
II
II
I
I
i
�I
J
I
II
i
II
i
5
I
10
11
FORT WORTH ISD
VOL. 2547, PG. 198
EXHIBIT A
RM WATER DETENTION FACILI
DETENTION POND (4)
2.104 ACRES
4501 PRAIRIE PKWY
CEDAR FALLS, lOWA 50613
c,llq)l�