HomeMy WebLinkAboutContract 41897 (2)II. Consideration; Liquidated Damages for Holdover
CITY SECRETARY
CONTRACT NO. I
TEMPORARY ACCESS PERMIT AND
WORKSPACE LICENSE AGREEMENT
FOR VINYARDS AT HERITAGE PARK
This Temporary Access Permit and Workspace License Agreement for Vinyards at
Heritage Park ("Permit") is made and entered into by and between the City of Fort Worth
(hereinafter referred to as "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 KB
HOME Lone Star, Inc. (hereinafter referred to as "Company"), a Texas corporation, acting by
and through its duly authorized Executive Vice President — Sales, Marketing and Studio.
The following statements are true and correct and constitute the basis upon which the
City has executed the Permit:
A. The City owns a certain piece of property known as Vinyards at Heritage Park
(the "Park"), 5280 Alta Loma Drive, Fort Worth, Texas 76248, more particularly
described as Block 3, Lot 8 of The Vineyards At Heritage Addition, an addition to
the City of Fort Worth, Tarrant County.
B. Company wishes to use certain designated portions of the Park as temporary
workspace and for the construction and installation beneath the Park of a water
line and a sanitary sewer line, which will become dedicated public lines following
their completion and acceptance by the City.
C. 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.
Agreement
I. Term
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 tenth
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 day following the
Commencement Date ("Expiration Date"). Except as otherwise provided in Section XIV,
no use of or access to the Park or the Licensed Premises shall be allowed outside of the
designated License Period.
Company's rights in 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 except as otherwise provided in Section XIV. Except as otherwise
provided in Section XIV, after the License Period ends, all rights of the Company in and
to the Licensed Premises shall, automatically and - • ufneed for ny further
documentation, fully and unconditionally terminate, w -r ���ew shall have
no right of entry or use of the Licensed Premises whatso7 vein secREirsi}
tift WORTH, TX
Company's construction of a water and sewer line that will become dedicated public lines
Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 1 of 19
following their completion and acceptance by the City shall serve as consideration for the
use of the Licensed Premises, and no License Fee is being imposed in this instance.
However, to ensure Company's diligence in complying with this Permit and to minimize
impact to the Park if the Company fails to vacate the Licensed Premises on or before the
Expiration Date, the Company agrees to pay the City, as the City's sole and exclusive
remedy for the Company's failure to vacate the Licensed Premises prior to the Expiration
Date liquidated damages of Six Hundred Twenty Five Dollars ($625.00) pei day for each
day beyond the Expiration Date that the Company continues to occupy the Licensed
Premises. This amount is the equivalent of a monthly rental rate of approximately one
dollar per square foot, which the parties agree seasonably approximates the actual
damages to the City foi delay in regaining full and unencumbered use of the property.
III. Licensed Premises
Subject to the terms and conditions set forth in this Permit and the City Charter and
ordinances, for and in consideration of the consideration to be provided hereunder and the
other covenants and promises expressed herein, the City does hereby agree to license to
the Company during the License Period the use of the following four tracts of land
(collectively the `Licensed Premises ') located in Vinyards at Heritage Park (the "Palk"),
5280 Alta Loma Drive, Fort Worth, Texas 76244:
TRACT ONE - SEWER LINE
BEING a 0 102 acre tract of land situated in the John Edmonds Survey, Abstract No. 457,
City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site)
of The Vineyards At Heritage an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A, Slide 6723, Plat Records, Tarrant County, Texas
(PRTCT), being a portion of that tract of land as described in deed to the City of Fort
Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and
being more particularly described as follows:
BEGINNING at a 5/8 ' rebar with a yellow plastic cap stamped "Carter &
Burgess" found in a southeasterly line of said Lot 8, Block 3, at the most westerly
comer of a tract of land as described in deed to KB HOME LONE STAR, INC.,
recorded in D209121153, DRTCT, and a north corner of a remaindei portion of
TRACT 14 as described in deed to Hillwood/2500 Ltd , recorded in Volume
9409, Page 1403, DRTCT;
THENCE traversing said Lot 8, Block 3, as follows:
N 59°59'06" W, a distance of 4.53 feet;
S 60°10'52" W, a distance of 282.13 feet;
N 29°49'08" W, a distance of 15.00 feet;
N 60°10'52" E, a distance of 290.76 feet;
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S 59°59'06" E, a distance of 17.77 feet to a point in the southeasterly line
of said Lot 8, Block 3 and the northwesterly line of said KB HOME
LONE STAR, INC. tract, fiom which a 5/8" rebar with a yellow plastic
cap stamped "Carter & Burgess" found bears N 47°05'32" E, 1282.47 feet;
THENCE S 47°05'32" W, along the southeasterly line of said Lot 8, Block 3 and
the northwesterly line of said KB HOME LONE STAR, INC. tract, a distance of
15.69 feet to the POINT OF BEGINNING and containing 4,464 square feet or
0.102 acre of land
The location of Tract One is shown on Exhibit A-1, which is attached hereto and
incorporated heiein for all purposes as though it were set forth at length.
TRACT TWO - SEWER LINE TEMPORARY WORKSPACE
BEING a 0 148 acre tract of land situated in the John Edmonds Survey, Abstract No. 457,
City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site)
of The Vineyards At Heritage an addition to the City of Foit Worth, Tarrant County,
Texas as recorded in Cabinet A Slide 6723, Plat Records, Tarrant County, Texas
(PRTCT), being a portion of that tract of land as described in deed to the City of Fort
Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and
being more particularly described as follows:
COMMENCING at a 5/8" rebar with a yellow plastic cap stamped "Carter &
Burgess found in a southeasterly line of said Lot 8, Block 3, at the most westerly
corner of a tract of land as described in deed to KB HOME LONE STAR, INC.,
recorded in D209121153, DRTCT, and a north corner of a remainder portion of
TRACT 14 as described in deed to Hillwood/2500 Ltd , recorded in Volume
9409, Page 1403, DRTCT;
THENCE N 47°05'32" E, along the southeasterly line of said Lot 8, Block 3 and
the northwesterly line of said KB HOME LONE STAR, INC. tract, a distance of
15.69 feet to the POINT OF BEGINNING of the heiein described tract of land;
THENCE departing the northwesterly line of said KB HOME LONE STAR, INC.
tract, traversing said Lot 8, Block 3, as follows:
N 59°59'06" W, a distance of 17.77 feet;
S 60°10'52" W, a distance of 290.76 feet;
N 29°49'08" W, a distance of 20.00 feet;
N 60°10'52" E, a distance of 302.27 feet;
S 59°59'06 ' E, a distance of 35.42 feet to a point in the southeasterly line
of said Lot 8, Block 3 and the northwesterly line of said KB HOME
LONE STAR, INC. tract, fiom which a 5/8' rebar with a yellow plastic
cap stamped "Carter & Burgess" found bears N 47°05'32" E, 1261.55 feet;
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THENCE S 47°05'32" W, along the southeasterly line of said Lot 8, Block 3 and
the northwesterly line of said KB HOME LONE STAR, INC. tract, a distance of
20.92 feet to the POINT OF BEGINNING and containing 6,462 square feet or
0.148 acre of land.
The location of Tract Two is shown on Exhibit A-2, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
TRACT THREE- WATER LINE
BEING a 0 213 acre tract of land situated in the John Edmonds Survey, Abstract No. 457,
City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site)
of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A Slide 6723, Plat Records, Tarrant County, Texas
(PRTCT), being a portion of that tract of land as described in deed to the City of Fort
Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and
being more particularly described as follows:
COMMENCING at a 1/2" rebar found at a reentrant corner in the northerly line of
said Lot 8, Block 3, being the southeast corner of Lot 7, Block 3 of said The
Vineyards At Heritage;
THENCE N 00°05'33" W, along a reentrant line in the northerly line of said Lot
8, Block 3 and along the east line of said Lot 7, Block 3, a distance of 37.93 feet
to the POINT OF BEGINNING of the herein described tract of land;
THENCE N 00°05'33" W, continuing along said reentrant line in the northerly
line of said Lot 8, Block 3 and the east line of said Lot 7, Block 3 a distance of
16.29 feet to the southwest corner of Lot 1, Block 1, Shiver Road Elementary
School No. 2, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Cabinet A, Slide 10603, PRTCT, from which a cut "Y" found at the
northwest corner of the final plat of said Lot 1, Block 1, Shiver Road Elementary
School No. 2 bears N 00°05'33 ' W, 969.16 feet;
THENCE N 66°55'45" E, departing the east line of said Lot 7, Block 3, along the
northerly line of said Lot 8, Block 3 and the southerly line of said Lot 1, Block 1,
a distance of 374.99 feet
THENCE S 54°13'52" E, departing the southerly line of said Lot 1, Block 1,
traversing said Lot 8, Block 3, a distance of 250.03 feet to a point in a
northwesterly line of a tiact of land as described in deed to KB HOME LONE
STAR, INC., recorded in D209121153, Deed Records, Tarrant County, Texas,
from which a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess"
found bears N 47°05'32" E, 1192.72 feet;
THENCE S 47°05'32" W, along said northwesterly line of said KB HOME LONE
STAR, INC. tract, a distance of 15.30 feet to the southeast cornet of the herein
described tract of land, from which a 5/8" rebar with a yellow plastic cap stamped
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"Carter & Burgess" found at the most westerly corner of said KB HOME LONE
STAR, INC. tract bears S 47°05'32" W, 90.15 feet;
THENCE departing said northwesterly line of said KB HOME LONE STAR,
INC. tract, traversing said Lot 8, Block 3, as follows:
N 54°13'52" W, a distance of 238.57 feet;
S 66°55'45" W, parallel to and 15.00 feet southeasterly of the said
northerly line of said Lot 8, Block 3, a distance of 372.89 feet to the
POINT OF BEGINNING and containing 9,274 square feet or 0.213 acre
of land.
The location of Tract Three is shown on Exhibit B-1, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
TRACT FOUR — WATER LINE TEMPORARY WORKSPACE
BEING a 0 290 acre tract of land situated in the John Edmonds Survey, Abstract No. 457,
City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 3 (Park Site)
of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A Slide 6723, Plat Records, Tarrant County, Texas
(PRTCT), being a portion of that tract of land as described in deed to the City of Fort
Worth, recorded in D201148547, Deed Records, Tarrant County, Texas (DRTCT), and
being more particularly described as follows:
COMMENCING at a 1/2' rebar found at a reentrant corner in the northerly line of
said Lot 8, Block 3, being the southeast corner of Lot 7, Block 3 of said The
Vineyards At Heritage;
THENCE N 00°05'33" W, along a reentrant line in the northerly line of said Lot
8, Block 3 and along the east line of said Lot 7, Block 3, a distance of 16.20 feet
to the POINT OF BEGINNING of the herein described tract of land;
THENCE N 00°05'33" W, continuing along said reentrant line in the northerly
line of said Lot 8, Block 3 and the east line of said Lot 7, Block 3 a distance of
21.72 feet to a point, from which a cut ` Y" found at the northwest corner of the
final plat of Lot 1, Block 1, Shiver Road Elementary School No. 2, an addition to
the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide
10603, PRTCT bears N 00°05'33" W, 985.45 feet;
THENCE departing the east line of said Lot 7, Block 3, traversing said Lot 8,
Block 3, as follows:
N 66°55'45 ' E, parallel to and 15.00 feet southeasterly of the northerly
line of said Lot 8, Block 3, a distance of 372.89 feet;
S 54°13'52" E, a distance of 238.57 feet to a point in the southeasterly line
of said Lot 8, Block 3 and a northwesterly line of a tract of land as
described in deed to KB HOME LONE STAR, INC., recorded in
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D209121153, Deed Records, Tarrant County, Texas, from which a 5/8"
rebar with a yellow plastic cap stamped "Carter & Burgess"@ found bears
N 47°05 32" E, 1208.02 feet;
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THENCE S 47°05'32" W, along the southeasterly line of said Lot 8, Block 3 and
said northwesteily line of said KB HOME LONE STAR, INC. tract, a distance of
20.40 feet to the southeast corner of the herein descnbed tract of land, from which
a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found at the
most westerly corner of said KB HOME LONE STAR, INC. tract bears
S 47°05'32" W, 69.75 feet;
THENCE departing said northwest line of said KB HOME LONE STAR, INC.
tract, traversing said Lot 8, Block 3, as follows:
N 54°13'52" W, a distance of 120.40 feet;
S 35°46'08" W, a distance of 10.00 feet;
N 54°13'52" W, a distance of 58.53 feet;
N 35°46'08" E, a distance of 10.00 feet;
N 54°13'52" W, a distance of 44.35 feet;
S 66°55'45" W, a distance of 370.09 feet to the POINT OF BEGINNING
and containing 12,634 square feet or 0.290 acie of land.
The location of Tract Four is shown on Exhibit B-2, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
The parties agree and acknowledge that the bearings used in describing the boundaries of all four
tracts are referenced to the east line (S 00° 05' 21" E) of TRACT 14 as descnbed in Limited
Warranty Deed to HILLWOOD/2500, LTD., recorded in Volume 9409, Page 1403, Deed
Records, Tarrant County, Texas.
IV. Acceptance of Licensed Premises
The Company takes all portions of the Licensed Premises and all appurtenances in "AS
IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Licensed Premises in their present condition, finds them suitable
for the purposes intended, and further acknowledges that Company is thoroughly familiar
with such condition by reason of personal inspection and does not rely on any
representations by the City as to the condition of the Licensed Premises or their
suitability for the purposes intended The Company accepts the Licensed Premises
subject to any and all previously recorded easements that may have been granted on,
along, over, under, or across said property, and releases the City from any and all
damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees,
or trespassers by reason of the exercise of such rights or privileges granted in said
easements. The Company's taking possession of the Licensed Premises shall be
conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and
uses for which same are licensed, and (b) the Company waives any and all defects in and
to the Licensed Premises and all the appurtenances thereto. The City shall not be liable
to the Company, its agents, employees, contractors, subcontractors, invitees,
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licensees, or guests for any damage to any person or property due to the acts or
omissions of the Company, its agents, employees, contractors, or subcontractors,
unless such damage is caused by the gross negligence or willful misconduct of City
or its agents, employees, separate contractors, or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to Company herein are strictly non-exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Park and the Licensed Premises to other persons and entities
as the City deems appropriate in accordance with applicable law; provided, however, that
in granting subsequent authorization for use, the City will not allow a use that will
unreasonably interfere with the Company's use of the Licensed Premises as provided
herein. This Peimit 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 piiority of use of the Park or the Licensed Premises,
the first piiority shall be to the public generally, the second priority to the City in the
performance of its various functions, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
VI. Limitations on Use
The Company may not initiate any construction on the Licensed Premises (including, but
not limited to, any excavation work) until Company has provided the City with a copy of
a valid Floodplain Development Permit issued by the City Floodplain Administrator for
this project.
The Company shall schedule a pre -construction meeting with staff in the Parks and
Community Services Department at least three (3) business days prior to initiating any
construction on the Licensed Premises (including, but not limited to, any excavation
work). The pre -construction meeting shall be for purposes of outlining Company's plans
and schedules regarding: (i) construction and installation of the water and sewei lines,
(ii) minimizing construction impact on vegetation and the Park in general, and
(ii) restoration of all affected parkland and amenities.
All Company equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Company understands and acknowledges that access
to the Licensed Premises shall be accomplished fiom Company's property located to the
east of the Park. Use of any portion of the Park outside of the Licensed Premises shall
not be permitted.
Company acknowledges that a creek crosses the Licensed Premises. Company shall
ensure that this creek shall remain unobstructed throughout the construction process and
the License Period. At no time shall the creek be dammed or blocked by equipment or
vehicles. Company may lay steel plating across the creek to serve as a bridge for
crossing, provided, however, that Company shall ensure that such plating does not
unreasonably impede or impair water flow through the creek bed.
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All portions of the water and sewer lines shall be installed at a minimum depth of four (4)
feet below grade and in accordance with standards mandated by the City's Water
Department. Company is authorized to use an open trench method in constructing and
installing the water and sewer lines save and except for those portions of the lines that
will intersect the creek bed
For portions of the lines that cross the creek bed, Company shall employ a bore method
for construction and installation, with such bore being placed a minimum of four (4) feet
below the lowest point in the creek bed and in accordance with standards mandated by
the City's Water Department, the City's Floodplain Administrator, and all applicable
requirements of federal, state, and local laws and regulations. Those portions of the lines
that must be constructed and installed using a bore method are illustrated on Exhibit C,
which is attached hereto and incorporated herein for all purposes as though it were set
forth at length. In the event Company's actions cause material damage to the creek bed,
Company shall be assessed a penalty equal to twice the actual cost incurred by the City in
restoring the creek bed to its previous condition.
In accessing and using the Licensed Premises and installing the water and sewer lines,
Company shall comply with all of its obligations and responsibilities under this Permit
and under any and all applicable, federal, state, or local law, rule or ordinance, including
standards mandated by the City's Water Department with respect to the construction and
installation of these types of water and sanitary sewer lines.
VII. Public Safety
Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises
and the Park.
At a minimum, Company shall: (i) maintain the existing chain link fencing along the
boundary line between the Park and the Keller Independent School District property on
which Friendship Elementary School (the "School") is located; and (ir), following
consultation with the Keller Independent School District, erect a controlled -access entry
at the western end of the boundary line between the Park and the School property in the
form of a gate, chain link fence, or similar structure to ensure that unauthorized
individuals cannot enter the Park. Following installation of the controlled -access entry,
the Company shall contact the Parks and Community Services Department to inspect for
proper installation. The controlled -access entry shall be kept locked when not in use. At
no time shall any fenced area be left open unless staffed by security personnel.
In addition, Company shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. Company shall also take all reasonably
necessary precautions and shall provide all reasonably necessary protection to prevent
damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on
which any construction is being performed by or on behalf of the Company; (b) all work
performed on or fiom 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
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material and equipment is stored on or off the Licensed Premises; and (c) other property
on or adjacent to the Licensed Piemises.
The Company shall be required to apply for all necessary permits to ensure that
installation equipment, materials, and finished water and sewer lines meet the
requiiements of the City's Watei Depaitment and the Parks and Community Services
Department Staff from both departments shall be entitled to inspect the work during and
after the installation process.
VIII. Protection of the Environment
The City has no knowledge of any Hazardous Materials on, under, over, or about the Park
01 the Licensed Premises as of the execution date of this Permit and hereby represents
and warrants that it shall not knowingly, nor permit any third party to, use, handle, or
store any Hazardous Materials on, under, over, or about Park o1 the Licensed Premises in
violation of any applicable laws. Company shall not handle or store any Hazardous
Materials on the Premises or the Park, except that the Company may, in compliance with
applicable environmental laws, use and store Hazardous Materials in such amounts and
types that are commonly used in connection with pipeline boring operations, provided
however, that Company specifically agrees to remove any and all such Hazardous
Materials on or before the final day of the License Period. Company shall not introduce,
use, generate, store, accept, or dispose of on, under, or about, transport across, or permit
to exist on the Licensed Piemises or the Park any "treatment, storage or disposal facility"
or "undergiound 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 o1 derivative thereof); undergiound storage tanks, and
substances considered hazardous, toxic, or the equivalent pursuant to applicable laws.
Any Hazardous Materials used by the Company on the Licensed Premises shall be posted
on site and a list shall be given to City.
Company shall take commercially reasonable steps to avoid creating o1 aggravating any
condition at the Park or the Licensed Premises that could present a threat to human health
or to the environment.
IX. Documenting Condition of Licensed Premises
Company must provide the Parks and Community Services Department with
videographic documentation of the condition of the Licensed Premises, including
underground utilities, as they exist both before and after installation of the new water and
sewer lines. All such video must include a visible date and time stamp indicating when
the videography occurred. Company must submit documentation of the pre -installation
condition at least five (5) business clays prior to the date on which the License Period
will commence under Section I of this Peiiirit. Post -installation documentation must be
submitted no later than five (5) business days after the last day of the License Period.
Parks and Community Services Department staff will distribute copies of the
documentation to all appropriate City personnel to determine whether any damage has
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been done to the Licensed Premises.
X. Minimizing Impact to Vegetation
Company shall not cut or remove any trees on the Licensed Premises. To minimize
damage during construction, the Company shall install orange mesh fencing on the
outside diip line of trees and other vegetation specifically identified by the Parks and
Community Services Department at a pre -construction meeting. Company shall notify
this department once the tree and vegetation protection measures have been installed and
allow the department an opportunity to inspect the work before construction begins. The
City shall have at least two business days following the date on which notice is received
to conduct its inspection. The Company may begin construction on or after the third
business day following the date on which it provided notice to the City unless the City
contacts the Company and identifies specific issues that render the tree and vegetation
protection measures unacceptable If any tree within the Park is damaged in connection
with Company's operations Company agrees to undertake remediation efforts, including
paying of remediation costs, in accordance with Exhibit D.
XI. Minimizing Impact to Utilities
If the Company encounters any utility infrastructure (including, but not limited to,
electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of
installing the new water or sewer line, the Company covenants and agrees to cease
constiuction operations and install protective matting over or around such utilities in
compliance with specifications approved by the City's Water Department (for all water -
related utilities) or by the Parks and Community Services Department (for all other
utilities). Following installation of the matting, Company shall contact the Parks and
Community Services Depaitment to arrange for inspection and approval by appropriate
City personnel.
The Company shall provide the Parks and Community Services Department with a copy
of the City's inspection report within twenty-four (24) hours of receiving the report and
prior to resuming constiuction in the Park. The Company may resume construction on
the next day after the date on which it provides the inspection report and specifications to
the Paiks and Community Services Depaitment unless that department contacts the
Company and identifies specific issues that must be addressed.
XII. Restoration of Improvements
To the extent any property, fence, or other improvement is destroyed, removed, or altered
in connection with the Company's activities under this Permit, the Company shall, prior
to the Expiration Date, reconstruct and restore such improvement in a good and
workmanlike manner to a condition that is equal to or better than the one in which such
improvement existed as of the date this Permit is fully executed, as evidenced by the pre -
installation video required under Section IX of this Permit.
XIII. Restoration of Surface and Subsurface of Licensed Premises
To the extent any portion of the surface or subsurface of the Licensed Premises or of the
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Park is damaged or disturbed in connection with Company's activities under this Permit,
the Company shall prior to the Expiration Date, ensure any subsurface area is promptly
filled with clean fill dirt up to the level of the surrounding ground. Company shall ensure
any fill dirt is compacted to a minimum 90% compaction ratio and in accordance with all
applicable laws. Company shall provide the City with a report or other written
documentation acceptable to the Parks and Community Seivices Department to
demonstrate that compaction was performed in accordance with this section. In
performing earthwork in the Park or Licensed Premises, the Company shall adhere to the
policies outlined in Exhibit F, which is attached to this Permit and incorpoiated herein for
all purposes as though it were set forth at length.
In addition, Company shall, prior to the Expiration Date, restore the surface of the
Licensed Premises by: (i) establishing replacement turf of Common Bermuda grass in
accordance with the specifications outlined in the attached Exhibit E and using reseeding,
sodding, or other method approved by the Paiks and Community Services Department;
and (ii) watenng these areas as needed until the replacement vegetation is reasonably
established and has been approved and accepted by the Parks and Community Services
Department. Prior to planting, Company shall provide the Parks and Community
Services Department with documentation certifying the type and quality of the materials
to be planted. The Paiks and Community Services Department may, in exercise of
reasonable discretion, reject any plant material that does not meet the requirements of this
section or Exhibit E or is otherwise unacceptable for one or more specific, clearly
identified reasons.
XIV. Discretionary Limited Access to Care for and Establish Vegetation
Company may request limited access to the Licensed Premises to water, care for, and
establish replacement vegetation required under Section XIII (` Limited Access"). A
request for Limited Access must be made in writing and delivered to the Parks and
Community Services Department at least two weeks prior to the Expiration Date.
Replacement vegetation o1 seed must be in place at the time the request is made.
The Parks and Community Services Department may, in its reasonable discretion,
authorize Limited Access for a period not to exceed two weeks from the Expiration Date.
During the Limited Access period, no Company materials or equipment may remain on
the Licensed Premises with the exception of irrigation directly involved in irrigation and
temporary fencing used to protect areas being restored. Company's use of the Licensed
Premises under Limited Access in accordance with this Section shall not constitute
holdover or a delay in restoration for purposes of Section I or Section XV.
XV. Delay in Restoration
To ensure Company's diligence in complying with this Permit and to minimize impact to
the Palk and except as otherwise provided in Section XIV, if the Company fails to
complete all iequiied restoration on or before the Expiration Date, the Company agrees to
pay the City liquidated damages of Six Hundred Twenty Five Dollars ($625 00) per day
for each day beyond the Expiration Date that restoration remains incomplete This
amount is the equivalent of a monthly rental rate of approximately one dollar per square
foot, which the parties agree reasonably approximates the actual damages to the City for
Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 12 of 19
delay in regaining full and unencumbered use of the property.
XVI. Removal of Excavated Materials
Company shall ensure that all drilling mud spoils and all excess material excavated by or
for Company is removed from the Park and properly disposed of within twenty-four (24)
hours of excavation unless such material is stored in a containment facility. Material
stored in a containment facility may remain on the Licensed Premises no longer than ten
(10) calendar days following the date of excavation.
XVII. Submission of As -Built Plans for Water and Sewer Lines
The Company shall, at its sole cost and expense provide the City with four (4) paper
copies and two (2) electronic copies of the as -built plans for all portions of the water and
sewer lines located within the Park, including all associated maps and other supporting
documentation In addition, the Company agrees to fully cooperate with the City in
ensuring that the water and sewer lines are accurately reflected in the City s mapping
systems.
XVIII. Liability; Indemnification.
Company agrees to pay City for all damages suffered or incurred by City, either directly
or indirectly, as a result of any operations on or from the Licensed Premises conducted
for or by Company, its agents, employees or representatives, including all damage or
injury to standing or fallen timber, buildings, fences, equipment, and all other property,
whether real or personal.
Company covenants and agrees to and does hereby indemnify, hold harmless, and
defend, at its own expense, City, its officers, servants and employees, from and
against any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of the acts or omissions of the Company, its
officers, agents, employees, subcontractors, invitees, licensees, and trespassers.
Company likewise covenants and agrees to, and does hereby, indemnify and hold
harmless City from and against any and all injuries, damage, loss, or destruction to
property of City during the performance of any of the terms and conditions of this
Permit. However, the indemnity provided for in this paragraph shall not extend to
any liability resulting from the sole negligence of the City or its officers, agents,
employees, or separate contractors, and, in the event of joint and concurrent
negligence of both the Company and the City, responsibility and liability, if any,
shall be apportioned comparatively in accordance with the laws of the State of
Texas. Nothing herein shall be construed as a waiver of the City's governmental
immunity as further provided by the laws of the State of Texas.
Company covenants and agrees that City shall no way or under any circumstances
be responsible for any property belonging to Company, its members, employees,
agents, contractors, subcontractors, invitees, licensees, or trespassers that may be
stolen, destroyed, or in any way damaged, and Company hereby indemnifies and
holds harmless City from any and all such claims. City does not guarantee police
protection and will not be liable for any loss or damage sustained by Company, its
Access Permit and Workspace License Agreement for Vmyards at Heritage Park Page 13 of 19
members, employees, agents, contractors, subcontractors, invitees, licensees, or
trespassers on any of the Premises.
Company agrees that City shall not be liable for any loss, injury, or damage
whatsoever suffered or incurred by Company or Company's agents, employees or
representatives while on the Licensed Premises, unless caused by the City's willful
or gross negligence.
XIX. INSURANCE
Duty to Acquire and Maintain
Company shall ensure that a policy or policies of insurance are procured and
maintained at all times, in full force and effect, to provide coverage of the types and
amounts specified herein, naming the City as an additional insured and covering all
public risks related to the use, occupancy, condition, maintenance, existence, or
location of the Park and the construction, installation, operation, maintenance, repair,
reconstruction, or condition of the pipeline. The insurance required hereunder may be
met by a combination of self-insurance and primary and excess policies.
Types and Amounts of Coverage Required
Commercial General Liability:
$1,000,000.00 per occurrence, $2 000,000.00 aggregate, including coverage for
the following• (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contiactual liability; (vi)
explosion, collapse, and underground property damage
Property Damage Liability:
$1,000,000.00 per occurrence
Umbrella Policy
$5,000,000.00
Environmental Impairment Liability (EIL) &/or Pollution Liability
$2,000,000 per occurrence
$5,000,000 aggregate
Automobile Liability:
$1,000,000.00 per accident, including, but not limited to, all owned, leased, hired,
or non -owned motor vehicles used in conjunction with the rights granted under
this Permit
Worker's Compensation:
As required by law
Employer's Liability:
$1,000,000.00 per accident
Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 14 of 19
Revisions to Required Coverage
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Permit.
Company agrees that within thirty (30) days of receipt of written notice from the City,
all such revisions requested by the City will be implemented The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including,
but not limited to, cancellation, termination, non -renewal, or amendment, shall be
made without thirty (30) days' prior written notice to the City.
Underwriters and Certificates
Company shall ensure that insurance is procured and maintained with underwriters
who are authorized to do business in the State of Texas and who are reasonably
acceptable to the City in terms of solvency and financial strength. Within ten (10)
business days following execution of this Permit, Company shall ensure that City is
furnished with certificates of insurance signed by the respective companies as proof
that the types and amounts of insurance coverage required herein have been obtained.
In addition, Company shall, on demand, provide the City with evidence that it has
maintained such coverage in full force and effect.
Deductibles
Deductible or self -insured retention limits on any line of coverage required herein shall
not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
No Limitation of Liability
The insurance requirements set forth in this section and any recovery by the City of
any sum by reason of any insurance policy required under this Permit shall in no way
be construed or affected to limit or in any way affect Company's liability to the City or
other persons as provided by this Permit or law.
XX. Prohibition Against Liens
The Company shall not do any act or make any contract that may be purported to create
or be the foundation of any lien on or any interest in the Licensed Premises or the Park.
Any such act, contract, or lien attempted to be created shall be void. Should any
purported lien on the Licensed Premises be created o1 filed, the Company shall, at its sole
expense, liquidate and discharge same within ten (10) business days after notice from the
City to do so
XXI. Notices
All notices required or permitted under this Permit shall be conclusively determined to
have been delivered when (i) hand -delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail, postage prepaid, return receipt requested, at the address stated
Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 15 of 19
below or to such other address as one party may from time to time notify the other in
wi iting.
To THE CITY:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn Denis C. McElroy
1000 Throckmorton
Fort Worth, Texas 76102
To COMPANY:
Terah Paul
Manager of Forward Planning
KB HOME LONE STAR, INC.
2845 West Airport Fieeway, Suite 140
Irving, Texas 75062
With a copy to:
Matthew S. Stark
Regional Counsel
KB HOME
10800 Pecan Park Boulevard, Suite 200
Austin, Texas 78750
Pieter D. Kessels
Manager
Pelagic Development Group, LLC
10300 North Central Expressway, Suite 110
Dallas, Texas 75231
XXII. Independent Contractor
It is expressly understood and agreed that Company shall operate as independent entity in
each and every respect hereunder and not as an agent, representative, or employee of the
City. Company shall have the exclusive control and the exclusive right to control all
details and day-to-day operations and activities relative to operation of the Company and
installation of the pipeline and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Company acknowledges that the doctrine of respondeat superior shall not apply as
between the City and Company, its officers, agents, servants, employees, contractors,
subcontractors, licenses, and invitees. Nothing contained in this Permit shall be
construed as the creation of a partnership or joint enterprise between the City and
Company.
XXIII. Prohibition Against Assignment
The Company may not sell, assign, or otherwise transfer any of its rights o1 obligations
under this Permit without the prior, written consent of the City. Any such attempted
assignment without the City s consent shall be void.
XXIV. Compliance with Laws and Regulations
In operating under this Permit, Company agrees to comply with all applicable federal,
state, and local laws, regulations, and ordinances, including all City ordinances, charter
Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 16 of 19
provisions, and rules, regulations, and requirements of the City's Police, Fire, Code
Compliance, Tiansportation and Public Works, and Health Departments.
Company will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Permit in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Permit. If
the City calls the attention of Company to any such violation on the part of said Company
or any person employed by or admitted to said Licensed Premises by Company,
Company will immediately (or otherwise as soon as reasonably possible) desist from and
correct such violation and/or vacate the Licensed Premises.
XXV. Taxes
The Company acknowledges and agrees that it shall be solely responsible for paying
all taxes assessed or imposed by any governmental entity in connection with the
construction, installation, operation, maintenance, repair, or reconstruction of the
pipeline and with the use of the Licensed Premises or other City property related to
activities within the scope of this Permit.
XXVI. Third Parties
Nothing in this Permit shall be construed in any manner to create a cause of action for the
benefit of any person not a party to this Permit, or to create any rights not otherwise
existing at law for the benefit of any person not a party to this Permit. Nothing in this
Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that
may be asserted by Company or the City as to any claim of any third party.
XXVII. Force Majeure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Peimit
due to acts of God strikes, lockouts or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of
disaster or emergency by the federal, state, county, or City government in accordance
with applicable law; any arrests and restraints; civil disturbances; or explosions; or some
other reason beyond the party's reasonable control (collectively, "Force Majeure Event"),
the obligations so affected by such Force Majeure Event will be suspended only during
the continuance of such event If the Licensed Premises or any portion thereof shall be
destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event,
the City may, in its reasonable discretion and after consulting with Company, either
cancel or reschedule the Company's activities. The Company hereby waives any claim
against City for damages by reason of any such rescheduling or cancellation.
If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company
activity in the interest of public safety.
Access Peimit and Workspace License Agreement for Vinyards at Heritage Park Page 17 of 19
XXVIII. Headings
The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Permit.
XXIX. Choice of Law; Venue
This Permit shall be governed by and construed in accordance with the laws of the State
of Texas If any action, whether real or asserted, at law or in equity arises on the basis of
any provision of this Permit, venue foi such action shall lie in state courts located in
Tan -ant County, Texas or the United States District Court for the Northern District of
Texas - Fort Worth Division.
XXX. Governmental Powers
It is understood and agreed that by execution of this Permit, City does not waive or
surrender any of its governmental powers.
XXXI. Authorization
By executing this Permit, Company's agent affirms that he or she is authorized by the
Company to execute this Permit and that all representations made herein with regard to
Company's identity, address and legal status (corporation, partnership, individual, etc.)
are true and correct.
XXXIL Entirety of Agreement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and Company as to use of
the Licensed Premises and the Park. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and
conditions of this Permit. This Permit shall not be amended unless agreed to in writing
by both parties.
By executing this Permit, Company agrees to and accepts the terms, conditions and provision
contained herein.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Access Permit and Woikspace License Agreement for Vinyards at Heritage Park Page 18 of 19
IN WITNESS WHEREOF, the parties hereto have executed this Permit this
1'J-I\L , 2011 in Fort Worth, Tarrant County, Texas.
KB HOME Lon R ,Star Inc.
By:
Marcia Dillon
Executive VP
Date:
ATTEST:
By:
Tera`h Paul
Manager of Forward Planning
Sales, Marketing and Studio
(WV 0
City of . Worth
By:
Susan
Assistant City Manager
Date:
i
day of
Appro� ed as toy Farm and Legality:
By:
Denis C.'IVIEElroy
Assistant City Attorney
-15110
ATTEST:
By:
Marty Hendrix
City Secretary
ri ®°
Fi4
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Access Permit and Workspace License Agreement for Vinyards at Heritage Park Page 19 of 19
GRAPHIC SCALE 1"=100'
EXHIBIT "A-1"
LINE DATA
LINE
BEARING
DISTANCE
L1
N59'59 06"W
4.53'
L2
S60 °10'52"W
282.13'
L3
N29
449'OB'W
15.00'
L4
S59 °59
17.77'
06 E
L5
S47 °05'32"W
15.69'
LOT 1, BLOCK 1
SHIVER ROAD ELEMENTARY SCHOOL No. 2
CAB. A, SL. 10603
P.R.T.C.T.
DS SURVEY
J HSTR C No 457
A
TRACT ONE
SANITARY SEWER
ALIGNMENT
4,464 SO. FT.
0.102 AC.
PROPOSED 8" SEWER LINE
APPROXIMATELY 265
LINEAR FEET
i
CITY OF
D20
D.R
/ \ \
REMAINING PORTION
TRACT 14
HILLWOOD ALLIANCE RESIDENTIAL,
FORMERLY KNOWN AS
HILLW00D/2500 LTD.
VOL. 9409, PG. 1403
D200192455
O.R.T.C.T.
.00
(VINEYARDS AT HERITAGE PARK)
LOT 8, BLOCK 3
THE VINEYARDS AT HERITAGE 1
CAB. A, SL. 6723
P.R.T.C.T.
FORT WORTH
1148547
.T.C.T.
L.P.
/ KB HOME p2 163' INC.
209
D.R.T.C.T.
ACCESS
POINT
POINT O\ . \
BEGINNING
5/874.C.F.
(CARTER & BURGESS)
20' CITY OF FORT WORTH
PERMANENT SEWER LINE
EASEMENT
0205271521
D.R.T.C.T.
Preliminary, this
document
shall not be
recorded for
any purpose.
Issued for review
Wed May 25 17:00:12 2011
Scale'
1
" =100
'
Sheet
1
of
1
GOODWI�
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Date'
5/5/ 1
1
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Job
No
. 1 10152
CIVIL ENGINEERS — PLANNERS — SURVEYORS
Drafted
T T. J J.
M M.
2405 Mustang Drive, Grapevine, nc.76051
Metro (817) 329-4373
Checked
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GRAPHIC SCALE 1"=100'
i
EXHIBIT "A-2"
DATA
BEARING
DISTANCE
LINE
L1
N47'05 32"E
15 69'
L2
N59'59.06"W
17.77'
L3
N29'49'06"W
20.00'
L4
35.42'
S59'59'06'E
L5
S47'05'32"W
20.92'
LOT 1, BLOCK 1
SHIVER ROAD ELEMENTARY SCHOOL No. 2
CAB. A, SL. 10603
P.R.T.C.T.
R
MONDSo SURVEY
J�HABSTRACT N457
TRACT TWO
20' TEMPORARY
WORK SPACE
6 462 SQ . FT.
0.148 AC.
PROPOSED TRACT ONE
SANITARY SEWER ALIGNMENT
(BY SEPARATE INSTRUMENT)
(VINEYARDS AT HERITAGE PARK)
LOT B, BLOCK 3
THE VINEYARDS AT HERITAGE
CAB. A, SL. 6723
P.R,T.C.T. hh c,P
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REMAINING PORTION
TRACT 14
HILLWOOD ALLIANCE RESIDENTIAL, L.P.
FORMERLY KNOWN AS
HILLW00D/2500 LTD.
VOL. 9409, PG. i403
D200192455
D.R.T.C.T.
Preliminary, this
dement
shallnot be recorded for
any purpose.
Scale
I 1
" =100
'
Sheet
of
'1
1
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Date!
5/5/11
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MARSH
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Job
No
. 110152
CIVIL ENGINEERS -- PLANNERS — SURVEYORS
Drafted
1
T . J . M
.
Issued for review
Wed May 25 16:59 :52 2011
24D5MuetengDtive,Grepevine,TX.76051
Metro (817) 329-4373
Checked
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lo i LOT 9 I BLOCK
ALTA LOMA
DRIVE
6
LOT 7
BLOCK 3
s-i
POINT OF
COMMENCING
1/2'R.F.
10' ELECTRIC ESMT.
EXHIBIT "B-1"
GRAPHIC SCALE 1"=100'
LINE DATA 0 100
BEARING
DISTANCE
LINE
L1
NO0 °05 33"W
16 29'
L2
S47 °05'32"W
15.30'
LOT 1, BLOCK 1
SHIVER ROAD ELEMENTARY SCHOOL No. 2
CAB. A, SL. 10603
P.R.T.C.T.
TRACT THREE
WATER ALIGNMENT
9,274 SQ . FT
0.213 AC.
CHAIN LINK FENCE
ACCESS
POINT
m'
. m
mrn
Pr-
om
0
z
(VINEYARDS AT HERITAGE PARK)
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THE VINEYARDS AT HERITAGE Gj •
CAB. A, SL. 6723 °0 0
P.R.T.C.T. p1 p50.
0
g
PROPOSED 8' WATER LINE
APPROXIMATELY 595
LINEAR FEET
CITY OF FORT WORTH
D201148547
D.R.T.C.T. SURVE
EDMOND N°' 467
rtrJOHN sTRAu REMAINING PORTION
AB TRACT 14
HILLWOOD ALLIANCE RESIDENTIAL, L.P.
FORMERLY KNOWN AS
HILLWOOD/2500 LTD.
VOL. 9409, PG. 1403
D200192455
D.R.T.C.T.
�NEYARDS AT HERITAGE PARK)
LOT 8, BLOCK 3
THE VINEYARDS AT HERITAGE
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KB HOME LONE STAR, INC.
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Scale
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=100'
Sheet
Preliminary, this
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Date!
5/5/11
1
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Job
No
.: 10152
`
ARSXH!�d�d
CIVIL ENGINEERS - PLANNERS - SURVEYORS
any purpose.
Issued for review
Drafted
'
T T. J J.
M
.
of
2405 Mustang Drlve, Grapevine, Tx. 76051
Metro (817) 329-4373
Wed May 25 16:59:31 2011
Checked,
J
S
B
1
. .
.
7 B
THE VINEYARDS
AT HERITAGE
CAB. A, SL. 6723
P.R.T.C.T.
10 LOT 9 BLOCK 4
ALTA LOMA
DRIVE
6 LOT 7
BLOCK 3
POINT OF
COMMENCING
1/2 R.F.
EXHIBIT "B-2"
LINE DATA
BEARING
DISTANCE
LINE
L1
NO0 °05 33"W
21 72'
L2
S47 °05'32"W
20.40'
L3
N54 ' 13'52 "W
120.40'
L4
°46'O8"W
10.00'
S35
L5
N54 *13'52"W
58.53'
L6
10.00'
N35 46 08 E
L7
N54
°13'52"W
44.35'
TRACT FOUR
20 TEMPORARY
WORK SPACE
12 634 SQ . FT .
0.290 ACRE
GRAPHIC SCALE 1"=100'
LOT i, BLOCK 1
SHIVER ROAD ELEMENTARY SCHOOL No.
CAB. A, SL. 10603
P.R.T.C.T.
A
re7co
ro
9qT�l C
TtiN9G�r Yo
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(VINEYARDS AT HERITAGE PARK)
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THE VINEYARDS AT HERITAGE
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P.R.T.C.T.
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CITY OF FORT WORTH
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LOT 8, BLOCK 3
THE VINEYARDS AT HERITAGE
CAB. A, SL. 6723
P.R.T.C.T.
2~ ACCESS
POINT
KB HOME LONE STAR, INC.
D209121153
D.R.T.C.T.
REMAINING PORTION
TRACT 14
HILLW000 ALLIANCE RESIDENTIAL, L.P.
FORMERLY KNOWN AS
HILLWOOD/2500, LTD.
VOL. 9409, PG. 1403
D200192455
D.R.T.C.T.
Scale'
1"
=100
'
Sheet
of
1
/j'V
«]IOODW
7�
Ng
Preliminary, this
document
shall not be
recorded for
any purpose.
Issued for review
Wed May 25 17:00:52 2011
Date:
5/5/11
'MARSHA]LIL
Job
No
. 110152
;
CIVIL ENGINEERS
— PLANNERS -- SURVEYORS
Drafted'
T T. J
.
M M.
2405 Mustang Drive, Grapevine, Tx. 76051
Metro (817) 329-4373
Checked:
J
. S . B
.
Et \ 10152 \COGO \ ESMTS \ VINEYARDS WATER TEMP CONST.pro
NUM dlEiTA4CPAW
LOTS, AGO(
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P. R, T.C. T.
TPGTN
ft1A�
IfTWITIAL, L.P.
POWAYMYNAS
MSM1'?/S, LTD.
Mite a.WOS
a.R.T.C.T.
EXHIBIT C
PROPOSED
NATER LINE
■01
a
ivriol
A,41 r
T. 6
EXHIBIT D
Damage to Trees; Remediation Costs
In the event of any damage to trees in connection with Company's operations, Company shall
comply with the following:
1. In General
The City Forester shall have the right to inspect any trees located on the Park for damage by
Company and, if applicable, will classify damage to trees as slight, moderate, or severe as
described below.
1.1 Standards for Measuring
Branches shall be measured at the point of attachment or at the lateral to which the branch would
be pruned back under ANSI standards. Tree caliper shall be measured according to accepted
industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast
height (DBH).
2.1. Slight Damage:
Slight damage shall be defined as damage that, in the opinion of the City Forestei, can be
reasonably anticipated to heal. Examples include, but are not limited to, (i) scarring of the trunk
into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii)
breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper.
Remediation costs shall be assessed at a rate of $100.00 for each instance of slight damage.
2.2. Moderate Damage:
Moderate damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to poor health and slight to moderate reduction in
longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the
cambial layer greater than 2' in width but less than 1/3 trunk circumference ; and (ii) breaking of
limbs more than 2' in diameter but less than 1/3 of the trunk caliper.
Remediation costs shall be assessed for each instance of moderate damage at the following rates:
(i) for any tree that is more than 20 inches in caliper, the greater of:
(A) one—half of the estimated value of the tree or
(B) $300.00 per caliper inch;
(ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch.
2.3. Severe Damage:
Severe damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise
characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i)
scarring of the trunk to the cambial layer greater than 1/3 the trunk circumference; (ii) uprooting
a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than
1/3 of trunk caliper; and (iv) removal of a tree.
Remediation costs shall be assessed for each instance of severe damage at the following rates:
(i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the
tree;
(ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value
of the tree.
3.1. Payment of Remediation Costs
Company shall make payment for any such damages and must plant replacement trees for
seveiely damaged trees at a location to be determined by the Parks and Community Services
Department. Replacement shall be made on caliper -inch -per -caliper -inch basis with a minimum
size replacement tree of 2" in caliper. Company shall be responsible foi the planting watering,
mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree
that does not survive the 2 year establishment period shall be compensated for by the Company
to the Parks and Community Services Department at a rate of $200 per caliper inch.
3.2. Applicability of City's Tree Ordinance
Remediation costs assessed hereunder constitute contractual damages intended to compensate the
Parks and Community Services as property owner and have no bearing on whether or to what
extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
SECTION 02830 - SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized'Plant Names
1. For exotic plant materials. American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department; Standard Specifications for Construction, Item 164,
` Seeding for Erosion Control" and Item 180, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred (100) miles of the construction site
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding. date.
5. Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species (see Part 2 - Products). Do not
seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour
B. Schedule after all other construction is complete.
SECTION 02930 - SEEDING
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C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew,
and for the planting the seed and maintaining the seedlings until acceptable viable growth is
achieved and the project accepted by the City.
PART 2 — PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per
acre.
Substitution of individual seed types due to lack of availability shall be determined only by
the City at the time of planting. The Developer/Contractor shall notify the City of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in
the field and approved by the City.
Weed seed shall not exceed 10 percent by weight of the total of pure live seed (PLS) and
other material in the mixture Johnsongrass and nutgrass seed shall not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity Germination
25 Bermuda (unhulled) Cynodon dactylon 85% 90%
75 Bermuda (hulled) Cynodon dactylon 95% 90%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multijlorum 82% 80%
40 Bermuda (unhulled) Cynodon dactylon 84% 85%
2
Native grass seed - The seed shall be planted between February 1 and October 1
and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
SECTION 02930 - SEEDING
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16 Green Sprangletop
40 Sideoats Grama*
64 Little Bluestem*
200 Buffalograss
40 Indian Grass*
16 Big Top Lovegrass*
16 Weeping Lovegrass
80 Canada Wild Rye*
Leptochloa dubia
Bouteloua curtipendula
Schizachyrium scoparium
Buchloe dactyloides
Sorghastrum avenaceum
Eragrostis hirsuta
Eragrostis curvula
Elymus canadensis var.
canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or
within three feet of a walkway.
3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02 A):
The seed shall be planted between March 5 and May 31 or between September 1
and December 1 and shall consist of:
Lbs. PLS/Acre
10
20
50
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Common Name
Foxglove*
Lanceleaf Coreopsis
Bluebonnet
Pink Evening Primrose
Purple Coneflower*
Indian Blanket
Mexican Hat
Maximilhan Sunflower*
Winecup
Lemon Mint*
Botanical Name
Penstemon cobaea
Coreopsis lanceolata
Lupinus texensis
Oenothera speciosa
Echinacea purpurea
Gaillardia pulchella
Ratibida columnaris
Helianthus maximiliana
Callirhoe involucrata
Monarda citriodora
*These wildflowers are not to be planted within ten feet of a road or parking lot or
within three feet of a walkway
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in_this section.
B. Mulch
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper -by-products (waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
SECTION 02930 • SEEDING
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C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding
b. Where applying fertilizer on newly established seeding areas — one hundred
(100) pounds of Nitrogen per acre.
c. Where applying fertilizer on established seeding areas — one hundred fifty
(150) pounds of Nitrogen per acre
D. Water: Shall be furmshed by the Developer/Contractor by means of temporary metermg /
irrigation water truck or by any other method necessary to achieve a viable acceptable
stand of turf as noted in 3.04 B.2. The water source shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables Generally,
an amount of water that is equal to the average amount of rainfall plus one half inch
(1/2") per week should be applied for approximately two to three weeks or until project is
accepted by the City.
E. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled
paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater, use the following soil
retention blanket (Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry
2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment.
SECTION 02930 - SEED G
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PART 3 — EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one (1) inch deep.
2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less
seed/water run-off.
3. In areas near trees: Do not till deeper than one half inch (1/2") inside "drip line"
of trees.
Watering: Soil should be watered to a minimum depth of four inches within forty eight
(48) hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1, Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil -than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one inch, remove grass
clippings, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties
of seed, as well as fertilizer, may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter (1/4') inch to three eighths (3/8 ) inch utilizing a pasture or rangeland
type drill. All drilling is to be on the contour After planting, the area shall be rolled with
a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All
rolling of slope areas shall be on the contour
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be
applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans
1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre.
3. Clay soils flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils sloping surfaces - minimum 3,000 lbs./acre.
SECTION 02930 - SEEDING
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5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by
daily water application, if necessary:
1. For approximately twenty-one (21) days, or
2. Until seeds have germinated and have rooted in soil, (see 3:04. B.2) and project
has been accepted by the City.
3.04 MAIN I ENANCE AND MANAGEMENT
A. Includes protection, replanting, maintaining grades and immediate repair of erosion
damage until the project receives final acceptance.
B. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a reasonable
length of time as determined by the City.
2. A ` stand" shall be defined as:
a. Bermuda/Rye grasses: Full coverage per square foot established within
two to three (2-3) weeks of seeding date on a smooth bed free of foreign
material and rocks or clods larger than one inch diameter.
b. Native grass and wildflowers: eighty percent (80%) coverage of growing
plants within seeded area within twenty-one days of seeding date on a
smooth bed free of foreign material and rocks or clods larger than one inch
diameter.
END OF SECTION
SECTION 02930 - SEEDING
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SECTION 02300 - EARTHWORK
PART 1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services
required to construct, shape, and fuush earthwork to the required lines, grades, and cross
sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis
only.
PART 2 - PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,
unless separately designated, within the limits of the work. Unclassified excavation includes
all matenal encountered regardless of its nature or the manner in which it is to be excavated.
2.02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill. Properly deposited, conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are
permissible in fill materials used to construct earth embankment. Minor quantities of
rock of greater dimensions may be placed in the deeper fills in accordance with the
State Department of Highways and Public Transportation requirements for construction
of rock embankments provided such placement of rock is not immediately adjacent to
structures or piers. Also, rock may be placed in the portions of embankments outside
the limits of the completed graded width where the size of the rock prohibits their
incorporation in the normal embankment layers.
2.03 TOPSOIL - On -Site Topsoil: Topsoil shall consist of an average depth of six inches of native
surface soil left in place after the ground cover of herbaceous vegetation and other
objectionable matter has been cleared by "blading " as specified in Section 02200, "Site
Preparation." Topsoil may be greater or less than the upper six inches (6") in depth.
EARTHWORK
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2.06 UNSUITABLE MATERIALS
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A. Imported fill materials shall be used for the construction of earth embankment in the
event that; (1) the volume of unclassified excavation is less than the volume of fill
required for earth embankment and/or; (2) the condition of materials removed in
unclassified excavation makes them unsuitable for use in the construction of earth
embankment.
B. The Developer/Contractor shall haul and place imported fill obtained from off -site
sources as necessary to construct the embankment and various other details of the
construction plans. All costs related to such imported fill will be included in the
contract price, and no additional or separate payment for imported fill will be due the
Contractor.
C. A sample of the proposed imported fill must be provided by the Developer/Contractor
and be approved by the Owner. In general, imported material must be equal to or better
than native material in quality and engineering characteristics The Owner may also
require the Contractor to provided a material analysis test of the proposed fill.
A. Select materials shall be imported from offsite sources, unless they are available from
specifically designated areas on the site as marked on the plans.
A. Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top
dressing will be declared as 'unsuitable" by the Owner if in his opinion, any of the
following conditions or matter and particles are present to a degree that is judged
detrimental to the proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks greater than one half inch (1/2") diameter
8. Cementious matter
9. Foreign matter of any kind
C.
Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
Wet Material: If fill material is unsatisfactory for use as embankment solely because of
high moisture content, the Owner may grant the Developer/Contractor permission to
process the material to reduce the moisture content to a usable optimum condition.
EARTH WORK
02300
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PART 3 - EXECUTION
3.01 SITE PREPARATION: In general, 'site preparation,' as specified in Section 02200, shall be
performed in advance of grading and earthwork operations and shall be completed over the
entire area of earthwork operations.
3.02 TOPSOIL
A. The removal and storage of topsoil shall occur after site preparation is complete and
before excavation and embankment construction begin. Likewise, topsoil will be
replaced after excavation and embankment construction are complete.
B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where
excavation and embankanent construction are planned Topsoil may be obtained from
greater depths if it is uncontaminated by the substratum and it is of good quality, in the
opinion of the Owner.
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will
later receive the topsoil Stockpiles shall be out of the way of earthwork operations in
locations approved by the Owner. Stored topsoil shall be kept separate from other
excavated materials and shall be protected from contamination by objectionable
materials that would render it unsuitable.
Timing: Topsoil will not be replaced (deposited) until construction activities are
complete that would create undesirable conditions in the topsoil, such as
overcompaction or contamination. Trenching for items such as electrical conduit and
irrigation pressure lines must be complete before topsoil replacement may begin.
E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed,
processed, compacted and graded to leave a finished layer of topsoil not less than five
inches in depth. Unless otherwise indicated topsoil will be replaced over all areas of
earthwork (including slopes), except where pavement is planned.
F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine
grading will be accomplished with a weighted spike harrow weighted drag, tractor box
blade light maintainer, or other acceptable machinery. All particles of the finish grade
shall be reduced to less than one half inch (1-1/2") in diameter or they shall be removed.
All rocks of one inch or greater shall also be removed. Grading operations and
equipment will be such that topsoil does not become overcompacted. Bulldozer blades
and front-end loader buckets are not acceptable devices for topsoil grading operations.
Final grading within five feet of constructed or installed elements shall be hand
raked.
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in
plane, even in gradient (slope), uniform in surface texture, and of normal compaction.
Areas of loose granular pockets or of overcompacted soils are not acceptable and will
be reworked. Finished areas will promote surface drainage and will be ready for
turfgrass planting.
EARTHWORK
02300
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3.03 UNCLASSIFIED EXCAVATION
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A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times, and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction.
B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the
grading plan is executed, and all earthwork operations, including excavation,
embankment construction topsoil replacement, and final grading, axe
completed. Any other surplus matenal shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches below required
subgrade elevation for the entire width of the area under construction and shall be
backfilled with suitable materials as indicated on the plans.
3.04 EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area_on which fill is to be placed and the depositing,
conditioning, and compaction of fill material.
B. General: Except as otherwise required by the plans, all embankment shall be
constructed in layers approximately parallel to the finished grade of the graded area, and
each- layer shall be so constructed as to provide a uniform slope as shown on the grading
plan. Embankments shall be constructed to correspond to the general shape of the
typical sections shown on the plans, and each section of the embankment shall
correspond to the detailed section or slopes established by the drawings After
completion of the graded area, embankment shall be continuously maintained to its
finished section and grade until the project is accepted.
C. Preparation: Prior to placing any embankment, all preparatory operations will have
been completed on the excavation sources and areas over which the embankment is to
be placed The subgrade shall be proof rolled to detect soft spots, which if exist, should
be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller,
loaded dump truck, or similar piece of equipment weighing approximately 25 tons
except as otherwise specified for tree protection and areas inaccessible to vehicular
compactors. Stump holes or other small excavations in the limits of the embankments
shall be backfilled with suitable material and thoroughly tamped by approved methods
before commencing embankment construction. The surface of the ground, including
plowed loosened ground, or surfaces roughened by small washes or otherwise shall be
restored to approximately its original slope by blading or other methods, and, where
EARTHWORK
02300
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indicated on the plans or required by the Owner, the ground surface, thus prepared, shall
be compacted by sprinkling and rolling.
D. Scarification: The surface of all areas and slopes over which fill is to be placed other
than rock, shall be scarified to a depth of approximately six inches to provide a bond
between the existing surface and the proposed embankment. Scarification shall be
accomplished by plowing, discing or other approved means. Prior to fill placement the
loosened material shall be adjusted to the proper moisture content and recompacted to
the density specified herein for fill
E Benching: Scarification is normally adequate for sloping surfaces. However, in certain
cases where fill is to be placed against hillsides or existing embankment with slopes
greater than 4:1, the Owner may direct the Developer/Contractor to key the fill material
to the existing slopes by benching. A minimum of two feet normal to the slope shall be
removed and recompacted to insure that the new work is constructed on a firm
foundation free of loose or disturbed material.
F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not
to exceed eight inches (8") in loose depth before conditioning and compaction. Unless
otherwise permitted, each layer of fill material shall cover the length and width of the
area to be filled and shall be conditioned and compacted before the next higher layer of
fill is placed. Adequate drainage shall be maintained at all times
G. Watering: At the time of compaction, the moisture content of fill material shall be such
that the specified compaction -will be obtained, and the fill will be firm, hard, and
unyielding. Fill material which contains excessive moisture shall not be compacted
until it is dry enough to obtain the specified compaction.
H. Compacting: Each layer of earth fill shall be compacted by approved tamping or
sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to the
Owner. Hand -directed compaction equipment shall be used in areas inaccessible to
vehicular compactors.
I. Grading: Embankments shall be constructed in proper sequence and at proper
densities for their respective functions All embankment serves in one capacity
or another as subgrade (e.g., under topsoil under concrete and asphalt pavement,
under structures etc.). Accordingly, the upper layer of embankment shall be
graded to within plus or minus 0.10 foot of proper subgrade elevation prior to
depositing topsoil, and prior to the construction of pavements slabs, etc.
3.05 DENSITY CONTROL
A. Earth Embankment in General Earth embankment shall be compacted in lifts at a
minimum of ninety percent (90%)of Standard Density ASTM D698 with plus four
percent (4%) or minus two percentage (2%) points of optimum moisture content.
B. Earth Embankment Under Structures and Pavement: The top six inches (6") of natural
earth comprising the subgrade for structural slabs or for areas of pavement shall be
ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTM
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D698 with the moisture content at minus two percent (2%) to plus four percent (4%)
of optimum.
3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all
embankments that are to function as subgrade for structures, areas of pavement, or for select
embankment. After completion of the embankment, the Developer/Contractor shall prevent
excessive loss of moisture in the embankment by sprinkling as required Loss of moisture in
excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will
require that the top twelve inches (12") of the embankment be scarified, wetted, and
recompacted prior to placement of the structure, select fill or pavement. If desired, the
Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the
completed embankment and thus eliminate the sprinkling requirement.
3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or
damage to the subgrade If any of the subgrade is rutted, damaged or displaced it shall be
restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02.
END OF SECTION
EAR FFIWVORK
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City of Fort Worth, Texas
r an ouncil o u .t
COUNCLi_ ACTION
App
•eve s on 4/19/20'I1
DATE- Tuesday, April 19, 2011 REFERENCE NO.: L-15170
LOG NAME: 80VINYARDS AT HERITAGE PARK WATER AND SEWER
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Vinyards at Heritage
Park for the Purpose of Installing a Sanitary Sewer Line and Water Line and Authorize the Execution of a
Temporary Access Agreement with KB HOME Lone Star, Inc. (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists to the use of Vinyards at Heritage Park for the location
of the proposed sanitary sewer line and water line;
3. Find that the proposed sanitary sewer and water line include all reasonable planning to minimize harm
to the parkland and will be constructed in Vinyards at Heritage Park as specified on the attached exhibits
and as noted in the discussion below; and
4. Close the public hearing and authorize the use of approximately 0.315 acres of Vinyards at Heritage
Park for the installation of a sanitary sewer line and water line; and
5. Authorize execution of a 60 day temporary access agreement with KB HOME Lone Star, Inc.
• Vinyards at Heritage Park - located at 5280 Alta Loma Drive, Mapsco: 36C-D & G, 22Z, east of
Ray White Road, south southeast of Scenic Green Circle, east terminus of Fresno Court. south and
east of Alta Loma Drive, southeast of terminus of Scotts Valley Street, southeast of terminus of
Napa Valley Trail, east of Fremont Trail, east of Ventura Street, east terminus of Camarillo Drive,
west of Graywolf Ridge Trail, north of Tarrant Pkwy N, in COUNCIL DISTRICT 2.
DISCUSSION:
The purpose of this M&C is to authorize use of approximately 0.315 acres of parkland for the installation of
an eight inch sanitary sewer line and an eight inch water line in Vinyards at Heritage Park. The proposed
use is being processed in accordance with Chapter 26 of the Texas Parks and Wildlife Code. Approval will
allow KB HOME Lone Star, Inc , to use a portion of Vinyards at Heritage Park for the purpose of
constructing a sanitary sewer line and a water line.
The Parks and Community Services Department (PACSD) has been approached by KB HOME Lone Star,
Inc. proposing to install a sanitary sewer line and water line in Vinyards at Heritage Park. The proposed
sewer line and water line are part of the Valley Brook Phase 6A Residential development project.
Logname: 80VINYARDS AT HhRITAGE PARK WATER AND SEWER Page 1 of 2
Approximately 275 linear feet of eight inch sanitary sewer line and approximately 595 linear feet of
eight inch water line will be installed. A temporary ingress/egress construction agreement will be required
as a part of this approval process.
Both lines will be trenched and bored to a minimum depth of four feet. The locations of the proposed
sewer and water lines are necessary to tie into the City main lines to provide adequate sewer and water
service to the proposed subdivision. This alignment was approved by the City of Fort Worth Water
Department and chosen to reduce the overall impact to the park. The City Forester has reviewed the
proposed alignments and has determined that the impact on trees within the park is minimal and that
mitigation will not be required. Both utility lines will become the property of the City of Fort Worth and
therefore will not require easements.
On February 23, 2011, the Parks and Community Services Advisory Board endorsed staffs
recommendation to the City Council to authorize the use of approximately 0.315 acre of parkland at
Vinyards at Heritage Park for the installation of a sanitary sewer line and water line.
In accordance with state law, public notice was advertised in the Fort Worth Star -Telegram on March 22,
2011, March 29, 2011 and April 5, 2011. An exhibit map was available for public review for 30 days at the
PACSD administrative offices located at 4200 South Freeway, Suite 2200.
Signage was posted at the site on March 17, 2011, announcing the proposed use and providing
instructions for directing comments to the Parks and Community Services Department. A letter
announcing the proposed use was sent to the president of the Vinyards at Heritage Neighborhood
Association on March 19, 2011 Staff will note any public comment received during the Report of City
Staff.
Vinyards at Heritage Park is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. MAYOR AND COUNCIL COMMUNICATION 1 location.doc (Public)
2. MAYOR AND COUNCIL COMMUNICATION aerial.doc (Public)
3. MAYOR AND COUNCIL COMMUNICATION alignment.pdf (Public)
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