HomeMy WebLinkAboutContract 60705Date Received: 1/8/2024 Permit No.: MAINT23-002
Time Received: 8:07 a.m. City Secretary No.: 60705
AGREEMENT
FOR MAINTENANCE OF NON-STANDARD
IMPROVEMENTS
THIS AGREEMENT FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS
("Agreement"), is by and between the City of Fort Worth, a Texas home rule municipal
corporation ("City"), Huntley Public Facility Corporation, a Texas public facilities
corporation, ("Licensee"), and SCP FW Trinity Owner, L.P., a Texas limited partnership,
("Developer"). City, Licensee and Developer are sometimes referred to as a Party or Parties.
This Agreement will be effective as of the Effective Date established herein.
SECTION 1
DESCRIPTION OF PROPERTY
1.01 Licensee is the owner of certain property in Fort Worth, Tarrant County, Texas,
located 13750 Trinity Blvd, Tarrant County, and depicted on "Exhibit A", attached hereto
and incorporated into this Agreement (the "Property").
1.02 Licensee has granted a 99-year lease of the Property to Developer (the "Lease"); and
1.03 The City, Licensee, and Developer hereby agree that Developer will provide,
furnish, and perform the services specified herein on City -owned sidewalks and right-of-
ways (the "Project Site") located adjacent to the Developer Property, as further described
in this Agreement in "ExhibitB", attached hereto and incorporated into this Agreement.
SECTION 2
DUTIES AND RESPONSIBILITIES
2.01 Developer shall commence, carry on, and provide the services contemplated in the
Contracts (as defined herein) in accordance with this Agreement and its attachments and all
applicable laws. In providing such services, Developer shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with any related work performed
by the City or the City's authorized representative.
2.02 Developer represents that it has or will secure, at its own expense, all materials, supplies,
machinery, equipment, tools, superintendence, labor, personnel, insurance, and other
accessories and services necessary to provide maintenance of the following elements
("Improvements"), all of which are to be installed pursuant to and as more particularly
described in the contract for construction services by the Developer.
Description of items to be maintained — Metal tree wells, tree drainage, and tree
irrigation lines in the parkway.
2.03 Developer shall maintain the areas described in Section 2.02 in good working condition
so that the Improvements perform their design function. If pursuant to n o t i c e from the City,
60084540.3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Developer is made aware of any deficiency in the safe and proper functioning of the
Improvements described in Section 2.02 then Developer shall promptly inspect the
Improvements and submit an inspection report to the City. Such i nspection report shall (i) note
any areas described in Section 2.02, or portions thereof, which need maintenance or
replacement to perform their design function and (ii) address the corrective actions to be taken
by Developer in accordance with Section 2.06 of this Agreement.
2.04 The City shall be responsible for maintaining its streets and travel lanes excluding
the special pavement treatments described above in accordance with normal City policies
and procedures. The City shall take such steps as are appropriate to ensure that the
work involved is properly coordinated with any related work performed by Developer or
the Developer's authorized representative.
2.05 In the event that any City -owned property, such as utilities, c u r b s , equipment,
turf, t r e e s , etc., are damaged or destroyed during maintenance of the improvements
due to negligence or acts of omissions by Developer, Developer shall be responsible for
all repairs or replacements of same.
2.06 In the event Developer, its successor or assigns, fails to maintain the areas
described in Section 2.02 in the manner required by this Agreement, City shall provide
written notice of the non -compliant conditions to Developer, its successor or assigns.
Developer, its successors or assigns, shall make any necessary repairs to comply with
this Agreement within thirty (30) days of receipt of such written notice or, if such repairs
are not reasonably able to be completed within thirty (30) calendar days, Developer shall
have, within that period, begun work on such repairs and shall diligently pursue them
to completion, provided, however, that if the non -compliant conditions creates a condition
which poses an immediate threat to life, health, or property such repair shall be completed
within thirty (30) days of receipt of written notice. If Developer, its successors or
assigns, does not make such repairs as provided herein, the obligations herein shall
revert to Licensee, its successors and assigns. Notwithstanding the foregoing chain of
responsibility, the City may enter upon the Project Site and take whatever steps
reasonably necessary to correct the non -compliant conditions and to charge the costs of
such repairs to Developer, its successors and assigns.
2.07 The City is not obligated to repair the Improvements beyond a level of City's
standard specifications. In the event, however, the City pursuant to this Agreement
performs any work of any nature that is Developer's obligation hereunder and which
Developer has failed to perform, or the City expends any funds in performance of said
work for labor, use of equipment, supplies, materials, and the like that is Developer's
obligation hereunder and which Developer has failed to perform, Developer, its successors
or assigns, shall reimburse the City, within thirty (30) days of the City making such demand,
for the costs attributable to such work performed by the City including: (i) the cost difference
between the City's standard street specifications and the Improvements installed by the
Developer and (ii) the total cost of any repairs that are outside of the street pavement area. In
the event that Developer or its successors or assigns fails to pay the City for the costs incurred
under this section, the City may take whatever legal steps are necessary to recover from
Developer all reasonable and actual costs incurred by the City for the work performed.
60084540.3
SECTION 3
TERM OF AGREEMENT
The term of this Agreement shall commence upon the Effective Date and shall continue until
the earlier of (i) Developer's permanent removal of the Improvements from the Project Site
and restoration of the Project Site to the then -existing City standards or (ii) the earlier
termination of this Agreement as provided herein.
SECTION 4
TITLE AND CONSTRUCTION
The Parties acknowledge that the Improvements to be maintained as provided in this
Agreement are the subject of the Contracts and that all necessary reviews, approvals,
consents, inspections and modifications of such Improvements, if any, have been or will be
made pursuant to those Contracts. Subject to the provisions of the Contracts, Developer shall
retain ownership of the landscaping, special sidewalk and pavement pavers, benches, project
signage, special lighting and other Improvements installed or located in the City right-of-
way pursuant to the Contracts.
SECTION 5
RIGHT OF ACCESS
5.01 City through its Manager, Transportation and Public Works Director, police and fire
personnel, and other designated representatives, has the right at any time to enter any portion
of the Project Site (without causing or constituting a termination of the use or an interference
of the use of the Project Site by Developer) for the purpose of inspecting and maintaining same
and taking any and all measures necessary for the proper conduct and operation of City
property; provided this shall not authorize or empower the City to direct the activities of
Developer or assume liability for Developer's activities.
5.02 The City will have the right but not the obligation to make routine inspections of the
Project Site. In the event the City observes non-compliance of an area or a condition
which poses a threat to life, health, or property, the City shall notify Developer in writing in
accordance with Section 2.06 of this Agreement.
SECTION 6
INDEMNIFICATION
6.01 TO THE EXTENT PERMITTED BY APPLICABLE LA W, DE VEL OPER, ITS
SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD
THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST
ANYAND ALL CLAIMS, LAWSUITS, ACTIONS, COSTSAND EXPENSES OFANY
KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO DEVELOPER'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (Y) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
60084540.3
CITY) OR SUBCONTRACTORS, RELATED TO MAINTENANCE OR THE
PERFORMANCE OF DEVELOPER'S OBLIGATIONS UNDER THIS
AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL NOTAPPLY TO ANY LIABILITYRESULTING 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 DEVELOPER AND CITY,
RESPONSIBILITY, 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
TEXAS.
6.02 Developer, its successors or assigns, covenants and agrees that City shall in no way
nor under any circumstances be responsible for any property belonging to Developer, its
members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers,
which may be stolen, destroyed, or in any way damaged, and the Developer hereby releases
the City from any and all such claims. The City does not guarantee police protection and
will not be liable for any loss or damage sustained by Developer, its members, employees,
agents, contractors, subcontractors, invitees, licensees, or trespassers on the Project Site. It
is further agreed that the acceptance of this release shall not constitute a waiver by the
City of Fort Worth of any defense of governmental immunity, where applicable. or any
other defense recognized by the statutes and court decisions of this State.
SECTION 7
INSURANCE
Developer shall not commence work under this Agreement until it has obtained and
provided documentation thereof for the i nsurance required by Exhibit C, attached
hereto and incorporated herein. Developer shall be responsible for delivering to the City
Developer's certificate of insurance for approval. Any contractors performing maintenance on
the Improvements shall also provide to Developer and City documentation of insurance
required by Exhibit C.
SECTION 8
INDEPENDENT CONTRACTOR
Developer shall perform all work and services hereunder as an independent contractor and
not as an officer, agent, servant or employee of the City. Developer shall have exclusive
control of, and the exclusive right to control the details of the work performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, and employees and sub-consultants/subcontractors. Nothing herein shall be
construed as creating a partnership or joint venture between the City and Developer, its
officers, agents, employees and sub consultants/subcontractors, and doctrine of respondent
superior has no application as between the City and Developer.
SECTION 9
LICENSES AND PERMITS
Developer shall comply with all federal, state and local laws, rules and regulations as well
60084540.3
as with all regulations, restrictions and requirements of the police, fire and health departments
now or hereafter in effect which are applicable to its operations. Developer shall obtain and
keep in effect at its own cost and expense all licenses, permits, and taxes incurred or required
i n connection with this Agreement and its operations hereunder.
SECTION 10
LIENS
Developer, its successors or assigns, agrees that it shall do no act nor make any contract that
may create or be the foundation for any lien upon or interest in the City's property, and any
such contract or lien attempted to be created shall be void. Should any purported lien on
City property be created or filed, Developer, its successors or assigns, at its sole expense,
shall discharge same within thirty (30) days after notice from City to do so.
SECTION 11
TERMINATION AND DEFAULT
11.01 Subject to the provisions of Section 11.02 below, in the event Developer fails to comply
with any of the terms and conditions of this Agreement after notice and the passage of the
appropriate cure period provided in this Agreement, Licensee, its successors and assigns,
shall step into the shoes of Developer. Notwithstanding the foregoing, City shall
have the right, and without further notice, to declare this Agreement immediately terminated
and to enter into and take full possession of the City's interest in the Project Site, save and
except such personal property and equipment as may be owned by Developer. In the event
of such termination of this Agreement by the City, all rights, duties and privileges of
Developer hereunder shall cease and terminate.
11.02 Developer shall be notified by written correspondence of Developer's failure to comply
with any of the terms and conditions of this Agreement. Developer shall have thirty (30)
calendar days from the date of written correspondence to correct deficiencies or, if such
deficiencies are not reasonably able to be corrected within thirty (30) calendar days,
Developer shall have, within that period, begun work on such corrections and shall diligently
purse them to completion.
11.03 Upon termination, the parties shall be released from all obligations contained in this
Agreement except for any indemnification obligations pursuant to Section 6 of this
Agreement occurring prior to the effective date of such termination.
11.04Termination notice shall be considered rendered three business days after being placed
in the United States Postal Service for delivery to the other party in accordance with Section
13.
SECTION 12
NON-
DISCRIMINATION/DISABILITIES
Developer, in its installation or maintenance of the Improvements, o f occupancy or use of
the Project Site, shall not discriminate against any person or persons because of race, age,
gender, religion, color, national origin, sexual orientation, or disability nor will Developer
permit its officers, agents, employees or subcontractors to engage in such discrimination.
60084540.3
SECTION 13
NOTICES
Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and
addressed to the other party as follows:
CITY:
City of Fort Worth
Transportation & Public Works Department
Attn: Assistant Director
200 Texas Street
Fort Worth, Texas 76102
With copv to:
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
SCP FW Trinity Owner, L.P.
4550 Travis Street, Suite 565
Dallas, TX 75205
LICENSEE
Huntley Public Facility Corporation
1407 Texas Street
Fort Worth, TX 76102
SECTION 14
VENUE AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement
shall be in Tarrant County. Texas or the United States District Court for the Northern District
of Texas, Fort Worth Division.
SECTION 15
ASSIGNMENT
15.01 Developer agrees that it will not assign all or any part of its rights, privileges or
duties hereunder without the prior written consent of the City and any attempted assignment
of same without such prior consent of the City shall be void except that Developer may,
without prior written consent, assign any or all of its rights, privileges or duties hereunder
to an affiliate (defined as an entity under common control with Developer) or to an authorized
Public Improvement District whose boundaries include the Project Site ("Allowed
Assignment") or to the purchaser of the Developer Property as provided in Section 15.03, below.
60084540.3
In the event of an Allowed Assignment, Developer will notify the City within thirty (30)
days of such assignment. If notice of an Allowed Assignment is not provided within thirty
(30) days to the City such assignment shall be void. In the event of an assignment permitted
above, Developer shall automatically be released from any further obligation or liability
under this Agreement. Notwithstanding the foregoing, or anything in this Agreement to the
contrary, it is understood and agreed that Developer will contract or subcontract various
parts of its obligations hereunder to others to perform on behalf of Developer, and such
contracting or subcontracting is expressly permitted hereunder.
15.02 Subject to the limitations contained herein, the covenants, conditions and agreements
made and entered into by the parties hereunder are declared to be for the benefit of and
binding on their respective successors, representatives and permitted assigns, if any.
15.03 Notwithstanding anything herein to the contrary, no provision of this Agreement shall
be construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise
transfer the Developer Property or any part thereof. Upon any such transfer of the Developer
Property, the benefits and obligations of this Agreement shall run with the Developer
Property, or portion thereof, and bind Developer's successors in interest in proportion to the
interest in the Developer Property so transferred.
SECTION 16
WAIVER, SECTION HEADINGS, AND SEVERABILITY
16.01 In the event any covenant, condition or provision herein contained is held to be invalid
by any court of competent jurisdiction, the invalidity of such covenant, condition or provision
shall in no way affect any other covenant, condition or provision herein contained; provided
however, that the invalidity of any such covenant, condition or provision does not materially
prejudice either Developer or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this Agreement.
16.02. The waiver by the City of any default or breach of a term, covenant or condition of
this Agreement shall not be deemed to be a waiver of any other breach of that term,
covenant or condition or any other term, covenant or condition of this Agreement,
regardless of when the breach occurred.
16.03 The headings in this Agreement are inserted for reference only, and shall not define
or limit the provisions hereof.
SECTION 17
RECORDATION
This Agreement shall be recorded in the Real Property Records of the applicable county
and shall be a covenant running with the land binding upon all parties having any right,
title or interest in the Developer Property and Project Site, or any part thereof, including
their heirs, successors and assigns, and shall inure to the benefit of the owners of the Developer
Property and Project Site and to the City.
SECTION 18
ENTIRE UNDERSTANDING
18.01 This written instrument including all Attachments, Schedules, and Exhibits
attached hereto constitutes the entire agreement by the Parties concerning this
Agreement and the obligations of the Parties, and any prior or contemporaneous oral or
written agreement that purports to vary from the terms hereof shall be void. This
Agreement cannot be modified or amended without the written consent of all the Parties.
18.02 Neither this Agreement nor any provision hereof may be modified except by an
instrument in writing, signed by the Parties. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
18.03. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which, taken together, shall be one and the same instrument.
Electronic signatures and facsimile, pdf or other copies of original signatures shall be binding
as originals.
IN WITNESS WHEREOF, the Parties have each executed this Agreement by each party's
duly authorized representative. This Agreement shall be effective upon the execution and
date subscribed by the City's designated City Manager ("Effective Date").
M111:EIRE, pia
Tyr i3.�
By: Da n a Bn rRhdcff(Jan ,20241 CST)
Dana Burghdoff
Assistant City Manager
Date: J an 7, 2024
Approved as to Form and Legality
BY: DBlack (Jan 4, 202417:13 CST)
Douglas Black
Assistant City Attorney
DEVELOPER:
SCP FW Trinity Owner, L.P.,
a Texas limited partnership
By: StoneHawk Trinity, LLC,
a Delaware limited liability company,
its General Partner
By:
Name: Brian Woidneck
Title: Vice President
Date: k' Z— ZA
LICENSEE:
Huntley Public Facility Corporation, a Texas
public facilities corporation
NPA4bj lw�
Name: Ma -Marg e Lem
Title: Secretary
Date: Jan 4, 2024
Date: 0 t oa- �0@-A-
Qovovp4
cF FORraa�
ATTEST
pro °°�.;dd
M&C:
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Date:
By:
o YQL
Qn�EXAao
Janette S. Goodall
Contract Compliance Manager
City Secretary
By signing, I acknowledge that I am the
Date: Jan 8, 2024
person responsible or monitoring and
administration of this contract, including
ensuring all performance and reporting
Requirements.
By: Rebecca Diane Owen (Jan 5, 202407:18 CST)
Rebecca D. Owen
Development Manager
Date: Jan 5, 2024
OFFICIAL RECORD
60084540.3 CITY SECRETARY
FT. WORTH, TX
r dkdb*A . ;;11", Lai rill R" N a &Wy DIDJ.v w
THE STATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Dana Burghdoff, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed, as the act and deed
of the City of Fort Worth, and in the capacity therein stated.
. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -tin day of
20•
"%III''' BROOKE BONNELL
`� - "n- •,4
e
:° �: Notary Public, Stets of Taxes
z,q*- -`�Pc Comm. Expires 10-11-2028
"InSol III ,�``� Notary ID 134009525
A' -
Notary Public in and for the State of Texas
THE STATE OF-Texos §
COUNTY OF --I) 0&§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared — ---- --- known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he/she executed the same for the purposes and consideration therein expressed, as
vi -TejjAy 04-v.lt Texas LjAtW Parjum0,11p company, as the act and deed of said
company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
MLIAM KUNTER SANDERS
Notary Public, State of Texas
comm. Expires 02-03-2026
Of Notary ID 133569645
60084540.3
VA " "
Notary Publiche State of Texas
LICENSEE
THE STATE OF Tex,,, §
COUNTY OF (Ltf Ccn §
BEFORE ME, the undersigned authority, allotary Public in and for the State of Te,<aS ,
on this day personally appeared 01-a r v - ijet rc 6 f ci ( '-Mo o 5 , known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he/she executed the same for the
yp purposes and consideration therein expressed, as
a Texas o G hl ; r. +� C„ M ,�v CD t a, company, as the act and deed of said
company. cc��
GIVEN UNDER MY HAND AND SEAL OF OFFICE this d n& day of
ry , 20
gPaY PL6 EVA C KEY -
_ Notary ID #10943269
N� }� My Commission Expires Notary Pu ie-ih and to of Texas
oFt� August 15, 2025
60084540.3
EXHIBIT A
PROPERTY DESCRIPTION
60084540.3
PLOTTED BY: GAHBIE SANCHEZ DATE: 3/6/2023 11:13 AM PATH: P:\3508-00-02\700 Land Development\703 Construction Plans\Design\Exhibits\2022-10-18 Street Lights Encroachment Agreement\Street Lights Encroachment Agreement.dwg
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EXHIBIT B
DETAILS OF IMPROVEMENTS
60084540.3
EXHIBIT "B "
MAINTENANCE AGREEMENT
SITUATED IN THEIOHN CHILDRESS SURVEY, ABSTRACT NO. 249 AND THE
WILLIAMS G. MATTHEWS SURVEY, ABSTRACT NO. 1052
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a portion of Trinity Boulevard, a variable width right-of-way, as recorded in Instrument No. D221165819,
Official Public Records, Tarrant County, Texas (OPRTCT), situated in the John Childress Survey, Abstract No. 249
and the Williams G. Matthews Survey, Abstract No. 1052, City of Fort Worth, Tarrant County, Texas, said portion
being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8" capped iron rod stamped "MMA" set forthe northwest corner of the remainder portion
of Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume
388-145, Page 47, Plat Records, Tarrant County, Texas (PRTCT), and described in the Special Warranty Deed to
SCP Trinity Land, LLC, as recorded in Instrument No. D222030228, OPRTCT, the northeast corner of Lot 1, Block
6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-184,
Page 92, PRTCT and in the southerly right-of-way line of said Trinity Boulevard, from which a 1/2" iron rod found
(leaning), bears South 58°45'19" West, a distance of 1.49 feet, said 5/8" capped iron rod stamped "MMA" set
being the beginning of a non -tangent curve to the right, having a radius of 1,800.00 feet and a chord which bears
North 68*51'07" East, a distance of 55.93 feet; THENCE in a northeasterly direction, with the northerly line of
said Block 6, said Himalayan Properties, LLC tract, the southerly right-of-way line of said Trinity Boulevard and
said non -tangent curve to the right, through a central angle of 1'46'50", an arc length of 55.94 feet to the POINT
OF BEGINNING;
THENCE departing the northerly line of said Block 6, said Himalayan Properties, LLC tract, and the
southerly right-of-way line of said Trinity Boulevard, over and across said Trinity Boulevard the following
courses and distances:
North 20*15'29" West, a distance of 10.50 feet to a point for the beginning of a non -
tangent curve to the right, having a radius of 1,810.50 feet and a chord which bears North
77'11'31" East, a distance of 469.49 feet;
In a northeast direction, with said non -tangent curve to the right, through a central angle
of 14°53'59", an arc length of 470.81 feet to a point for the end of said non -tangent curve
to the right;
South 5°21'30" East, a distance of 10.50 feet to a point in the north line of said Block 6,
said Himalayan Properties, LLC tract, and the southerly right-of-way line of said Trinity
Boulevard, said point being the beginning of a non -tangent curve to the left, having a
radius of 1,800.00 feet and a chord which bears South 77'11'31" West, a distance of
466.77 feet;
THENCE in a southwest direction, with the northerly line of said Block 6, said Himalayan Properties, LLC tract,
the southerly right-of-way line of said Trinity Boulevard and with said non -tangent curve to the left, through a
central angle of 14°53'59", an arc length of 468.08 feet to the POINT OF BEGINNING and containing 4929 Square
Feet or 0.113 Acre of Land, more or less.
PAGE 2 OF 3
EXHIBIT 'B"
MAINTENANCE AGREEMENT EXHIBIT
SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 249 AND THE
WILLIAMS G. MATTHEWS SURVEY, ABSTRACT NO. 1052
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
MAINTENANCE Irj'y B T OF —WAY RIGHT OF WAY
0.1�3EACRE ME TRV� jV� Z T) L?
_D�t �T PA QJT)
4929 SQ. FT. �"
L1
� \^V yr
NAD83 GRID
\ N 6985061.21
-POC 0 E 2407868.86
CIRS
NAD83 GRID
N 6985041.04 \
E 2407816.70
BLOCK 6
POST OAK VILLAGE
VOLUME 388-145,LADDIPON
SCP TRINITY LDELAWARE CC# D22203
OPRTCT
26' PRIVATE ACCESS
UTILITY EASEMENT AGREEMENT
CC# D2220302JI
OPRTCT
LJ-1
LINE TABLE
PROPERTY LINE — —
LINE #
LENGTH DIRECTION
MAINTENANCE
LOCATION
L 1
10.50' N 20'15'29" W
EASEMENT LINE
PROPERTY CORNER 0
L2
10.50' S 052130" E
PEDESTRIAN LIGHT *
TREE WELL ❑
CURVE TABLE
CURVE #
LENGTH RADIUS
DELTA CHORD DIRECTION
CHORD LENGTH
OPRTCT OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS
Cl
55.94' 1800.00'
1' 46' 50" N 6851'07" E
55.93'
POC POINT OF COMMENCING
C2
470.81 ' 1810.50'
14' 53' 59" N 77'11'31 " E
469.49'
POB POINT OF BEGINNING
CC# COUNTY CLERK'S
C3
468.08' 1800. DO'
14' 53' 59" S 77.11 '31 " W
466.77'
INSTRUMENT NUMBER
CIRS CAPPED IRON ROD SET
STAMPED MMA"
BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD83 —
TEXAS COORDINATE SYSTEM — NORTH CENTRAL
ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL DISTANCES SHOWN
HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001401174168, BASE POINT 0, 0, 0.
1, LON E WHITTEN, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF TEXAS, DO HEREBY DECLARE THAT THIS SURVEY IS TRUE AND
CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION ON THE GROUND. � I
..OF.. lF I
1- ........ ...�� .LO dull wVineerfn8 au^ieYln9 IerMamPe archltecWie planning
LON .E. WRITTEN . _ tbpels registration number. f — 2759
... o ... • �, tbpels registration/license number. 10088000
LON E. WHI77EN DATE: OCTOBER 21, 2022 r •, -P 5893 �e .
REGISTERED PROFESSIONAL LAND SURVEYOR 9• 0Ff S S �� •' >� 5 1 9 east b o r d e r
TEXAS REGISTRATION NO. 5893 �LD•SURv� arling ton, texas 76010
817-469-1671
fax: 817-274-8757
REVISED: 3/14/23 www.mmatexas.com
DATE 2023-03-14 SCALE: I" = 100' DRAWN BY: IH CHECKED BY: RC JOB. NO.:3508-00-02 03/1412023 PAGE 3 OF 3
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DATE:
�— 818123
JOB NUMBER:
12345
DRAWN BY:
Isnardo Ramirez
(CHECKED BY:
I9nardo Ramirez
SCALE:
1' = 20'
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REwsloHs:
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DATE:
818/23
IJ09 N'me";
12345
ORRWN aY:
Isnardo Ramirez
CHECKED aY:
Isnardo Ramirez
7SCRLE:
1' = 20'
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IStatic Pressure 60psi syy�
I Elevation Off 1 12 T2.55 d3`. �r+ 13.v+ 182 mmr 6c1!
13 238d.3Y 32. t 3 inmr Jp�jj
Moe Cateaory s 236z.]e ,1 za.z9 PH'
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Rain BIM 10H -1804
1OF
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30 iBi
30 1 i
1.58 .. 1 It 1
0.7 fi�rr++ 10 ft I
183 O
Rain Bird 100
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116 l7
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I209 �i
Rain Bird 8H -1804
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131 D
Rain Bird 80 - 1804
80
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MeterslPuQs
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REVISIONS:
None
DATE:
8/8/23
JD B NUMBER:
12345
DRAWN BY:
Isnardo Ramirez
CHECKED BY:
Isnardo Ramirez
SCALE:
1"=30'
sH EET:
loft
EXHIBIT C
CERTIFICATE OF INSURANCE
Maintenance Agreement of Non -Standard Improvements
Page 15 of 15
Revised 2/8/23 BN