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Item 9BCity of Southlake, Texas MEMORANDUM June 17, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve a Commercial Developer's Agreement with Gateway Church for Phase 1 construction of East Kirkwood Boulevard, Grace Lane and Blessed Way and associated utility and drainage improvements. Action Requested: Approve a Commercial Developer's Agreement with Gateway Church for Phase 1 construction of East Kirkwood Boulevard, Grace Lane and Blessed Way and associated utility and drainage improvements. Background Information: The developer will construct approximately 6,500 LF of public street, 7,100 LF of on -site public water line, a permanent drainage control weir and other drainage collection and conveyance structures. This developer's agreement covers the construction of these public improvements. Subsequent phases of construction will include site improvements, future utility and pavement construction and associated drainage improvements. Additional fees, including Critical drainage fees, will be assessed and included in forthcoming developer's agreements which will cover above mentioned future phases of construction. Financial Considerations: The construction of 3,286 LF of 12" public water line is in accordance with the City's Water Master Plan. An 8" water line is required to serve the proposed development; therefore, according to City policy, the City should reimburse the developer the difference in the cost of an 8" line and a 12" line (amount not to exceed $61,464.14). The developer is requesting a waiver of the standard administrative and construction inspection fees for public improvements constructed as part of this project in the amount of $177,105.88 (5% of the construction cost for the proposed phase 1 construction). These fees are used to pay for plan review, construction inspection, testing and any required consulting expenses incurred by the City during the design and construction of the development and therefore, approval of this request is not recommended by the City staff. The developer will dedicate 3.64 acres of land to the City of Southlake. The developer will construct an 8ft -1Oft wide multi -use concrete trail along the north side of State Highway 114. The developer will construct an 8ft wide multi -use concrete trail along the west side of N. Kimball Ave adjacent to the Gateway Church eastern property perimeter and an 8ft wide multi -use concrete pathway along the proposed Kirkwood Blvd. Both of these trails will be constructed by the earlier of December 31, 2013 or completion of the developer's Phase 11 plan. The developer will provide 4.30 acres of joint use area for the development of pedestrian pathways and an ecologically sensitive area according to the attached joint use agreement. All public improvements will be constructed to city specifications. Citizen Input/ Board Review: None Legal Review: This is the City's standard residential developer's agreement, originally, drafted by the City Attorney. Alternatives: The City Council may approve it, deny it or modify it. Supporting Documents: Developer's request for fee waiver Standard Residential Developer Agreement Location Map Staff Recommendation: Approve a Commercial Developer's Agreement with Gateway Church for Phase 1 construction of East Kirkwood Boulevard, Grace Lane and Blessed Way and associated utility and drainage improvements. Staff anticipates significant time and effort in the review and inspection of the public improvements associated with this development; therefore, it does not recommend waiver of the administrative and inspection fees as requested by the developer. Staff Page 2 of 3 Contact: Robert H. Price, P.E., Director of Public Works Gordon Mayer, P.E., Deputy Director of Public Works / City Engineer Michael James, P.E., Civil Engineer Page 3 of 3 N r!' e ATEWAV CHURCH May 21, 2008 Mr. Michael James Department of Public Works 1400 Main Street, Suite 320 Southlake, Texas 76092 RE: Developer's Agreement — Gateway Church Highway 114 Campus Dear Mr. James: GATEWAY CHURCH 2121 E Souchlake Blvd Souchlake, TX 76092 Phone:817.328.2000 Fax: 837.329.1897 gatewaypeople.com Gateway Church respectfully requests that the City of Southlake waive the inspection and administration fees identified in the developer's agreement paragraph E. 1.a. & b. I understand that Gateway Church is not a typical development that would generate a tax based benefit to the City of Southlake over a period of time. It would be easy to simply dismiss any request for relief on that fact alone. However, it is also important to understand that Gateway Church does not fit the model of a typical church. Although the benefit to the City of Southlake cannot be directly related to property tax, I offer the following indirect benefits to the City of Southlake for your consideration: Weekend Services - Gateway Church currently draws average of 10,000 people to the City of Southlake for our weekend services or 500,000+ per year. It is virtually impossible to identify the number of Gateway Chuirch attendees who support Southlake restaurants, shops, and retailers prior to or after services. A conservative estimate would be 30 -40 %. We anticipate the attendance to grow to 20,000 per weekend, or 1,000,000+ per year when the Interim Worship Center is completed. Even though it is impossible to quantify the exact economic impact on the City of Southlake, it is safe to say it is significant and will increase upon completion of this project. Events & Conferences - In addition to the weekend services, Gateway Church hosts several events and conferences throughout the year, each drawing a significant number of visitors into the City of Soutblake. Our annual Pink Impact Women's Conference hosts 1,800 — 2,000 women and their daughters. The Pastors and Church Leaders Conference brings approximately 800 pastors and their families to the area. These events generate sales in lodging, restaurants, cosmetic and spa services. In addition, Gateway hosts other large events regularly throughout the weeks. Each of these events also has significant economic impact on the City of Southlake. we're all about people �r GAT F C H U R C H X GATEWAY CHURCH 2121 E 5outhlake Blvd Southlake, TX 76o92 Phone:817.328.10oo Fax: 817.329.1897 gatewaypeople.com ■ Retail Services — Passages, the bookstore at Gateway Church, is open to staff, attendees, as well as the public throughout the week, and on weekends. Retail sales from the bookstore generates approximately $50,000 sales tax paid annually. In addition, the new campus will have a cafe which will generate additional sales tax revenue. ■ Gateway Church Employees — Gateway Church is one of the larger employers in the Southlake community with approximately 225 employees who are also regular patrons at Southlake retail and service outlets. • Parks Dedication — As a part of the development, Gateway Church was required to contribute 1 acre /50 acres of developed area to the City of Southlake Parks Department. Working in conjunction with the City of Southlake Parks Department, Gateway Church committed an additional 4{- acres, more than doubling the required amount, as a joint use to enhance the park. • Public Utilities Improvements and Streets — In response to the City of Southlake's 2025 Master Thorough -fare plan, Gateway Church dedicated 17+ acres for development of Kirkwood, Grace Lane, and Blessed Way. In addition to the land dedication, Gateway Church will spend $7,000,000.00 + /- to develop the first phase of Kirkwood, Grace Lane, Blessed Way, utilities, and regional storm water management. Although Gateway Church would need entry drives and utilities, the scope and magnitude of the work would be considerably less than what is required for public streets and utilities. Although no single item listed above would offset the tax revenue from a "for profit" development, when all the items are considered together it translates into a considerable benefit to the City of Southlake. Given the overall economic benefit, the significant amount of land dedicated, and the cost of public utilities and street construction Gateway Church will fund, we respectfully request that the City of Southlake waive fees for inspection and administration of the public utilities and streets as required in paragraph E.La & b of the Commercial Developer's Agreement. Michael, I welcome the opportunity to meet with you to discuss this. If you need additional information, please contact me at office (817 -552 -3757) or cell (817- 807 - 8692). Since ly, Douglas P. Sluiter Executive Director Campus Development cc: Robert Price, Gordon Mayer — City of Southlake Todd Lane, file - Gateway Church File: campusdeveWpmentA l4propenyl 11 4s8dCiiyof 5oothlel :doevclopersAgreemmtO52?06.doc were all about people GATEWAY CHURCH COMMERCIAL DEVELOPER AGREEMENT Phase 1 Construction — East Kirkwood Boulevard, Grace Lane, Blessed Way and Associated Drainage and Utility Improvements An agreement between the City of Southlake, Texas, hereinafter referred to as the "City ", and the undersigned Developer, Gateway Church, hereinafter referred to as the "Developer ", of Gateway Church — Phase 1 Construction — East Kirkwood Boulevard, Grace Lane, Blessed Way and Associated Drainage and Utility Improvements, hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond and payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the public facilities if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City either maintenance bonds, letter of credit or cash escrow amounting to 100% of the cost of construction of underground public utilities and 100% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a Page 1 of 24 period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3 %) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2 %) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; Page 2 of 24 f. All gradation tests required to insure proper cement and /or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. Page 3 of 24 J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; Page 4 of 24 or an agreement with utility provider stating that no charge will be made for street lights for the two -year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; C) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right -of -way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre - planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. . , - . mi Page 5 of 24 E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build -up. The Developer agrees to use soil control measures, such as those included in NCTCOG STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, DIVISION 1000 EROSION AND SEDIMENT CONTROL, to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build -up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy -two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. After construction of the Addition and prior to acceptance by the City, the Developer agrees to have a permanent erosion control plan prepared and approved by the Director of Public Works and have the plan installed and working, effectively, in the opinion of the Director of Public Works. This erosion control will prevent soil erosion from the newly created lot /lots from washing into street rights of way, drainage ways or other private property. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT -OF -WAY Page 6 of 24 It is understood by and between the City and Developer that the Developer may provide unique amenities within public right -of -way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right -of -way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed by all parties. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. All insurance must meet the Requirements of Contractor's Insurance attached hereto and incorporated herein. 6. A Pre - Construction Meeting to be held with all Contractors, major Sub - Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND Page 7 of 24 AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay Page 8 of 24 all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. H. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the grading plan and drainage area map; the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES Q 0 - ■ .era «t - . � � .�- iti�r.�.�t�� -fir - Page 9 of 24 1110% mqil. 19 a goal 2 L L 1 1 D. OFF -SITE WATER The developer will extend approximately 3,286 LF of 12" water line along E. Kirkwood Boulevard as required by the City's Water Master Plan. The City will reimburse the developer an amount not to exceed $ 61,464.14 for the difference in cost between an 8" water line and the 12" water line when the water line has been constructed and accepted by the City. E. PARK DEDICATION REQUIREMENTS The developer will dedicate 3.64 acres of land to the City of Southlake. 2. The developer will construct an 8ft -1 Oft wide multi -use concrete trail along the north side of Highway 114: Northside Veloway. 3. The developer will construct an 8ft wide multi -use concrete trail along the west side of N. Kimball Ave: Kimball Walkway and an 8ft wide multi -use concrete pathway along the proposed Kirkwood Blvd: Aventerra Hike & Bike Trail. Both of these trails will be constructed by the earlier of December 31, 2013 or completion of the developer's Phase II plan. 4. The developer will provide 4.30 acres of joint use area for the development of pedestrian pathways and an ecologically sensitive area according to the joint use agreement Attachment "A ". F. TREE PRESERVATION ORDINANCE All construction activities shall comply with the current Tree Preservation Ordinance requirements and as may be amended by the City Council. Such conditions include, but are not limited to, proper posting of tree protection warning signs and tree protective fencing to be maintained throughout the duration of the project. Page 10 of 24 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER By: Title: Address: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: (SEAL) Page 11 of 24 CITY OF SOUTHLAKE, TEXAS la Andy Wambsganss, Mayor ATTEST: Lori Payne, City Secretary Date: Page 12 of 24 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve /disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6 %) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Page 13 of 24 REQUIREMENTS FOR CONTRACTOR'S INSURANCE Contractor's Insurance 1. Without limiting any of the other obligations or liabilities of the CONTRACTOR, during the term of the Contract, the CONTRACTOR shall purchase and maintain the following minimum insurance coverages with companies duly approved to do business in the State of Texas and satisfactory to the CITY. In this section "Project" shall mean the public facilities to be constructed by Developer or under Developer's contract with a CONTRACTOR. Coverages shall be of the following types and not less than the specified amounts: Workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the CITY; employer's liability insurance of not less than the minimum statutory amounts. b. Commercial general liability insurance, including premises- operations; independent CONTRACTOR's liability, completed operations and contractual liability covering, but not limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring CONTRACTOR's (or Subcontractor's) liability for injury to or death of CITY's employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, broad form property damage, with minimum limits as set forth below: General Aggregate . .....................$2,000,000 Bodily Injury $1,000,000 Each Occurrence Property Damage $1,000,000 Each Occurrence Products — Components /Operations Aggregate . $1,000,000 Personal and Advertising Injury ............ $ 1,000,000 (With Employment Exclusion deleted) Each Occurrence ...................... $ 1,000,000 Contractual Liability: Bodily Injury $1,000,000 Each occurrence Property Damage $1,000,000 Each occurrence The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and ECU (explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same filed with CITY. C. Comprehensive automobile and truck liability insurance, covering owned, hired and non - owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence; or separate limits of $500,000 for bodily injury (per person), and $500,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. d. Property Insurance (Builder's All Risk) (i) CONTRACTOR shall purchase and maintain, at all times during the term of its Contract with the Developer property insurance written on a builder's risk "all- Page 14 of 24 risk" or equivalent policy form in the amount of the initial contract price, plus value of subsequent contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the CITY has an insurable interest in the property required by this paragraph to be covered, whichever is later. This insurance shall include interests of the CITY, the CONTRACTOR, Subcontractors and Sub - Subcontractors in the Project. (ii) Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for CONTRACTOR's services and expenses required as a result of such insured loss. (iii) If the insurance required by this paragraph requires deductibles, the CONTRACTOR shall pay costs not covered because of such deductibles. (iv) This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. d. OWNER's Protective Liability Insurance: (i) CONTRACTOR shall obtain, pay for and maintain at all times during the prosecution of the work under the contract between the CONTRACTOR and the Developer, a CITY's protective liability insurance policy naming the CITY as insured for property damage and bodily injury, which may arise in the prosecution of the work or CONTRACTOR's operations under the contract. (ii) Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the CONTRACTOR's liability insurance with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. e. "Umbrella" Liability Insurance: The CONTRACTOR shall obtain, pay for and maintain umbrella liability insurance during the term of the Contract between the CONTRACTOR and the Developer, insuring CONTRACTOR for an amount of not less than $5,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary liability coverages required herein above. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. Page 15 of 24 Policy Endorsements Each insurance policy to be furnished by CONTRACTOR shall include the following conditions by endorsement to the policy: a. name the CITY as an additional insured as to all applicable policies; b. each policy shall require that 30 days prior to cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to CITY by certified mail. If the policy is canceled for nonpayment of premium, only 10 days written notice to CITY is required; C. the term "CITY" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the CITY and individual members, employees and agents thereof in their official capacities, and /or while acting on behalf of the CITY; d. the policy phrase `other insurance" shall not apple to the CITY n-here the CITY is an additional insured on the policy. 2. Special Conditions a. Insurance furnished by the CONTRACTOR shall be in accordance with the following requirements: any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by CONTRACTOR. The CITY's decision thereon shall be final; ii. all policies are to be written through companies duly licensed to transact that class of insurance in the State of Texas; and iii. all liability policies required herein shall be written with an "occurrence" basis coverage trigger. b. CONTRACTOR agrees to the following: �. CONTRACTOR hereby waives subrogation rights for loss or damage to the extent saine are covered by insurance. Insurers shall have no right of recovery or subrogation against the CITY, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies: ii. companies issuing the insurance policies and CONTRACTOR shall have no recourse against the CITY for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the CONTRACTOR; iii. approval, disapproval or failure to act by the CITY regarding any insurance supplied by the CONTRACTOR (or any Subcontractors) shall not relieve the CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the Contract Documents or this Agreement. Neither shall be bankruptcy, insolvency or denial of liability by the insurance company exonerate the CONTRACTOR from liability; Page 16 of 24 u u deductible limits on insurance policies exceeding $10,000 require approval of the CITY; any of such insurance policies required under this paragraph may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby; vii. prior to commencement of operations pursuant to this Contract, the Developer or the Developer's CONTRACTOR shall furnish the CITY with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by this Agreement; viii. CONTRACTOR shall provide notice of any actual or potential claim or litigation that would affect required insurance coverages to the CITY in a timely manner; ix. CONTRACTOR agrees to either require its Subcontractors to maintain the same insurance coverage and limits as specified for the CONTRACTOR or coverage of Subcontractors shall be provided by the Contract; and X. Prior to the effective date of cancellation, CONTRACTOR shall deliver to the CITY a replacement certificate of insurance or proof of reinstatement. Page 17 of 24 Attachment "A" — Joint Use Agreement AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND GATEWAY CHURCH This Agreement Between the City of Southlake and Gateway Church (the "Agreement") is e ntered into as of the —_ day of _, 2008, by and between the City of Southlake. Texas, a home -rule municipal corporation of the State of Texas, 1400 Main Street, SOLdhlake. Texas, 76092. (the "City ") and Gatev M, Church, a non - prof organization of the State of Texas. 5000 South Nolen, Suite 300, SOLIthlake, Texas 76092, Attention: Torn Lane (the 'Church"). FOR AND IN CONSIDERATION OF THE AGREEMENTS SET OUT BELOW, the parties agree as follows: I. LICENSE Subject to the tan and conditions set forth in this �Agreamont, the Church agrees to an does hereby give the City a non-eXr-ILIGiVG l icense to utilize the surface of the real property which is particularly d escribed in Exhibit "A" which is attached hereto and incorporated herein for all purposes ( the "Premises ") for the Permitted Purposes (defined below) for a period of twenty (20) years from the effective date of this Agreement ('initial term"). for and in consideration of one dollar 41.00), the covenants and agreements of the City set forth in this Agreement and othervalUalole consideration. PURPOSEOF LICENSEAND USE OF PREMISES A. General Pure; Use Limitations. The use by the City and those employees. representatives. officers and agents of the City and members of the public having the ht of access and use of the Premises under the license herein granted shall re limited to the an environmentally and ecologically Sensitive park with walking paths and, if desired by the City. seatin -areas and other points of interest for enjoyment of the natural environment. g_ The principal purpose of the walking paths Would be to provide ingress and egress from the Premises from the future street identified as Kirkwood Boulevard on page 2 of Exhibit "A7 to the tract or parcel of land of approximately 3.6 acres (the "Park') that has been de dicated by th Church to the City and is identified on page 2 of Exhibit "A" as 'Proposed Lot 3, Block 3. Gateway church — 11 4 Cai Among other uses not permitted on the Promises by the City are any use involving a field (such as but not limited to a softball field, soccer field and football field): or a court (such as but not limited to a tennis court or badminton court), or the use or installation of playground and other equipment other than benches, seating and viewing facilities: or any uses that require or should have GLIPOrvision bl adulta referees, judges or umpi or ether similar so-cal active park uses. All use by the City of th Promises shall be complementary to and related to the uses that are permitted by the City on the Park. other than the walking paths. seating and viewing uses described above and appurtenances. the City shall not construct or install or cause to ba constructed or installed on the Premises any temporary or permanent Structures without the prior written consent of the Ch urch. B. The Church reserves and shall have the right to use the Premises for all purposes that do not materially interfere with and are substantially the same as the uses which the City has the license to engage in or permit under the terms of this Agreement and shall not be required to pay any f ee or other amount to the Joint Use Agreement Page 1 of 5 WW6j)502W.Docurn3rW-JcAnI Lb3 Agreemart - ScuiNaVa M29C&doc Page 18 of 24 City in connection with such use by Church and its members. C. The Church shall be pon to count and apply the area of Promises as park land, open spac* and landscaped areas with res to al park land, open space and landscaped area requirements and ordinances of the City that apply to or affect the development of and construction of improvements on the adjoining land of the Church, notwithstanding the existence of this Agreement and thojoint use of the Promises by the City pursuant to this Ag reement. Bath City and Church acknowledge an existing lake on portions of the Promises and that Texas and United States laws, ordinances, regulations and rules ("ildetland Laws') may apply to regulate the use and improvement of the wetlands existing on the Promises. City and Church agree to comply with all Wetlands Laws with respect to the LIGG of the Premises by the City and its invitees or Church and its invitees. E. The Church shall have no duty to inspect the Premises for defects, maintain the Premises or make any improvements to the Premises durin� term of this ca Agreement. other than to repair any damage used by t Church to the improvements made to the Property by the City in accordance with this Agreement. 111. CITY'S OBLIGATIONS City agrees to the following: A. City shall clear existing debris and perform necessary grading with respect to the walking paths, seating and viewings areas on the Premises to be used by the City. B. City shall construct the walking paths on the Premises of such materials as may be mutually acceptable to the City and the Church, con ;intent with applicable City standards. C. City shall remove of any waste or debris generated by the City's use Of the Promises and shall maintain the walking paths, seating and viewing areas on Premises in a manner, consistent with applicable City standards and ordinances, similar to what is required f or the Park. D City is responsible f or obtaining all pe n its and approvals require f or any work performed in and improvements made to the Premises by or on behalf of the City, including but not limited to Al applicable Wetlands Laws and other environmental laws, regulations and rules. IV. INSURANCE A. City shal purchase an comi n UOUGly maintain at all times after the effective date of this Agreement and prior to the tan or expiration of this A oorriont, at its sole expense. Commerdal General Liability insurance for bocli� injury and Joint Use Agreement Page 2 of 5 M06j)502W-Docurn3rW-JcAn] Lb3 .Agraernart ScdiiNaVa M29Mdoc Pap 19 of 24 property damage (including Personal Liability and Blanket Contractual) for the joint and several and separate protection of the City and the Church for use the Premises by City and its invitees permitted by this Agreement. Such liability insurance shall name Church as an additional insured, shall specifically mention or otherwise expressly cover activities on the Premises, and shall be in a minimUrn amount of $1,000,000.00 per occurrence and $2,000,000.00 wii v negate. The City shall provide the Church with evidence of such coverage in 30 days after the commencement of each policy year or period. The mverage tothe Church under such i[hsuranog policy shall be primary. B. Church shall purchase and continuously maintain at all timer after the effective data of this Agreement and prior to the termination or expiration of this f groomont, at its sole expense, Commercial General Liability insurance for bodily injury and property damage (including Personal Liability and Blanket Contractual) for the joint and several and separate protection of the Church for use the Premises by Church and its invitees penmitted by this A reemer�t. Such liability insurance shall name City as an additional insured, shall specifically mention or otherwise expressly cover activities on the Premises, and shall be in a minimum amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. Upon the written request of the City, the Church shall provide the City with evidence of such coverage within 30 days after the corn rn once rment of each policy year or period. V. TERMINATION A. Either City or Church may tonminate this Agreement by giving the other party written notice not less than sox morhths prior to the termination, at the addresses set forth in the preamble to this Agreement, or at such other address as either party may provide to the other in accordance with the provisions of this Agreement. The Church agrees to reimburse City the prorated cost (defined below) of any improvements installed on the Premises by the City pursuant to Article III above should the Church terminate this Agreement before the expiration of the initial term of this Agreement. The 'prorated cost" means the out of pocket cost incurred by the City (excluding salaries and overhead costs of City employees) in installing such improvements, multiplied by a fraction, the numerator of which is the number of months that have expired since the effective date of this Agreement and the denominator of which is the total [lumber of months in the initial term of this Agreemert. If this Agreernerht is extended beyond its initial term, the prorated cost shall be equal to zero dollars ($0.00). The prorated cost shall not exceed $50,000, regardless of the actual cost incurred by the City in construction thereof. TO THE FULL EXTENT PERMITTED BY LAW, THE CHURCH AGREES TO AND SHALL INDEMNIFY THE CITYAND HOLD THE CITY HARMLESS OF AND FROM ANYAND ALL DEMANDS, CLAIMS, DAMAGES, ACTIONS. CAUSES OF ACTION, SUITS IN EQUITY. COST AND EXPENSES (INCLUDING BUT NOT LIMITED T-3 REASONABLE ATTORNEYS FEES, COURT COSTS AND EXPENSES), NOW OR HEREAFTER ACCRUING. NOW KNOWN. NOT NOW KNOWN, NOW , - - )R HEREAFTER tOCCURRING. FOR OF BECAUSE OF Joint Use Agreement Page s of 5 M06j)542 - Docum3rW -Jcdn1 Lb3 Agraemart- ucdiiNaVa ,] 23Mdoc Page 20 of 24 ANYTHING DONE, OMITTED TO BE DONE OR PER1,11TTEE, Ti_:, BE 1x')1 BY THE CHURCH ON OR TOTHE PREMISES. TO THE FULL EXTENT PERMITTED BY LAW, THE CITY AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS THE CHURCH AND THE PREMISES OF AND FROM ANY ALL DEMANDS, CLAIMS, DAMAGES. ACTIONS, CAUSES OF ACTION, SUITS IN EQUITY. COST AND EXPENSES (INCLUDING BUT NOT LIl:1ITED TO REASONABLE ATTORNEYS FEES. COURT COSTS AND EXPENSES:. NOW OR HEREAFTER ACCRUING, NOW KNOWN. NOT NOW KNOWN. NOW OR HEREAFTER OCCURRING. FOR OF BECAUSE OF ANYTHING DONE OMITTED TO BE DC:NE =:-R PERMIT TO BE DONE BY THE CITY OR ITS INVITEES ON THE PREMISES, VII. MISCELLANEOUS PROVISIONS A. No portable toilets or concession stands, trucks or trailers are to be parked on site at anytime. B. The parties a ree that the fact that either the Church or the City has drafted all or any portion erf this Agreement shall not mean that in the event of ambiguity, this Agreement or arty provision shall be construed against the City or the Church. C. This Ag roe ment may not be assigned by the City or the Church in whole or in part without the express prior written consent of the norrassigning party.. D. Effective Date The Effective Date of this Contract shall be the date on which a fully executed copy hereof has been executed on behalf both the City and the Church. E. Notice Ar7y notice. communication. request, reply or advice (collectively, " Notic e ' provided for or perrrnitted by this Ag roe m ent to be made or accepted by either party must be in writing. Notice may, Lrnless otherwise provided herein, be given or served by depositing the same in the United Sues mail, postage paid, registered or certified, and addressed to the party to be notified, with return receipt requested or by delivering the same to such party, or an agent of such party. Notice deposited in the mail in the manner hereinabove described shall be effective three (3) business days following such deposit. Notice given in any other manner shall be effective onh if and when received by the party to be notified bet,veen the hours of 8:00 A.M. and 5:00 P.M. of any business day with delivery made after such hour to be deemed received the following business day. For purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as set forth on the first page of this Agreement. The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days written notice to the other party. E. This Agreement may be executed in any number of counterparts, each of whirr shall co nstitute an original but all of which, taken together, shall constitute but one and the same instrument. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof. There are no other agreements, oral or written, with Joint Use Agreement Page 4 of 5 ws05a5+024-taacj , marCEUarn L139 Agreernart- ScUrdale 05290&cbc Page 21 of 24 respect to the transaction contemplated hereby. This Agreement can be amenclod only by awritten agreement signed by both the parties hereto. G. In the event either party hereto is required to employ an attorney because of the other party's default, to the maximum extent permitted by applicable law including but not limited to Texas Local Government Code -Section 271.154, the defaulting party shall pay the nondefaulting party's reasonable attorney's fees incurred in the enforcement of this Agreement. In the event that, for any reason, this provision VII.G. requiring the payment of attorneys' fees is not mutually enforceable, that is not enforceable by the Church against the City, then, in that event. this provision V I I.G. shal autonnatically become u no rfforogable by the City against the Church. EX ECUTED this _ day of — 1 2008, by the City and previous by the Ch urch. City of SOI-Ithlako By: Name: Title: FAM111:1441 City Secretary Gateway Church By: Name: Title: Joint Use Agreement %V�Ogj35.O24.%Dcciin 1-139 Agreernart- ScUrdals 05290acloc Page 5 of 5 Page 22 of 24 LE4456 GEWHIPTIPN CRY {IF SMTI IL AKE JOINT USE AREA 4,s9 AC BONG 9in9 t - tIRM sihu.;r! In u "Ten .xlara, 5unx�y, AU;Lra_' Nu. '149, ri uti if uaru'Ilkrke, Tarrart CoauLy, Te m% srd - ieiug earl Of'.99 "88.772 aae UM OT Wil (eWre[1'n 9 cWocl 14 CjaMypy G4ur£l. r4 "rrl9O, n}l�Inn 17Fi i, FAq;.'ci!: rx-hn Lk W.7 FkxaY.x or Tarwi: Caunly, exau wrJ berry rrrr Ai.x Ieri.y de @cifbWa!I T91OW! 9EIGINN9NG at a 51W irv rc'J ruauc Fjr lhre eaaLbweul. ux!i& or Le[ 1. 6 Od4 A Cr UNION h°J.L AJ7 MON, ar addlilu -o d - * C!t{ Oi 8W.hIRkr, TArn:rf any'. TFaw. wi ir. 8 M. IFareur rectxied i!I CaL•inaL 306200, Olkle 93 of IIIe RIOL nawfth: O'T8rm-T.. Ccu�°y, Te)aK THENCE Ilw rulerr rr,I ct Ftaa er,d dkrA oC 3',o fib Nnyh 4!c '444'14' kllC t, a Cxt» .. nr JI:.I4 Ar t0a past tDrC3 ,, GOUfH. a Jlelerna jr 829.00 rea _o a Forrt o• cu"r. Hari I!!d'tu'14' I=an a clu Wren a 1 h.I:2 - eet W tre POINT OF NE -GINNING: THENCE the rdlcsr rtg ca ns erd disc; x 5 � w& 5:tCh 59 Fn$t 9 96Ynrna 7r 44V it rwdIn A LrnYr. TUr.rrnrr; GDLr.h 01'29Od' Lasl, a disiarceara9.59 kr.fa apom Firwnn:r; g{ {rh 7sg' t' F ".l'n rt a dlnur fsk nr 1519 51 tF.Y. In n pr Ant hrtI N !]Innl rf n mn-0angrrt cun+e to the left having z ad is al "M3.76 fir., z cenLral argg -ur 7'4 1'2 s clnxd Laer 9rd gyfirrss �f �a S. dF FE "�r.'1 J' trlrar. !lt.7F kxlL Ga ..h sterly, xitii said cur m. m amdis:3rce9415 eLLua paidhx I:ie Lxapj non-". r649raa curse to - .4a rrght n�hg 9 W LG ce TELlOrJ 1_cL as Y.�] vac of h4"Jh'116'. a cho d bear and dimarceof Swlh W4ZW lh' sL LQ2.G2Beet; 5C{Yh Y796GBft}'. Ydh} BL'+k CVny. en nrq dWArra?yA rV Tent rn a Frinr hrtrr"InIN it r. nrr -umgam cur= to 1Fc right ha-ring a radrus of 124004 fec, a n-rtral angle ar W'12?a', r. chord Nstln� and d araace o' NorM 59 "729' E90. 47 -013 Ta3 Nnrllwistely,'.4cn said etn'e, an arc d stince 4!2.bf feet hD -x POINT OF IMGINNING and cm.811I 7k d.29 1 &Mx s M L� 71. Hruing s)mmrr buxd uuor -nc ccmmtc monanncuL found ukrug Gera High" Nc. 114, recorded In VvIurrs iaG72, Pa99 28 11% 119aG Recudo -�r Tnrrnrt(: ^4rly, Taxns. EXHIBIT DRAMN OUTHLAKE JOINT USE AREA CITY OF SOUTHLAKE TARRANT COUNTY, TEXA �I 1I SU T ,1 I Pw7of+2 Joint UFe Agreement EXHIEIT A M06+)S024' Llae Agraernert- ScuiNaka'3529C&doc Page 23 of 24 Ftitge 1 I MEN MAU AME M � I I I I I arx +.Trr ¢ i I I I eraLx' x�aw� _ L MR .4'i7F'tER � r'.I�cr.':- I : ��f fNYR'L7 �'Y��2�' .ry4.7 <P'i d•F rvn �a f17 1. ELI CkW2 .rorr,F USE nRLn s'Z�alaf�nr� 4.29P ACRES } sru��>r� apuRr r.•z ewe. I I r,IJHY` "LA .'iPCIL LILVu I.`1 C4irw Q 7ur' r" 7Ri 78 5 4.851 94.78 C2 S�Y !6` 7aC.w 7"aa1. o ,65'4ZFS.T`W ;jYZ.aZ. � E S 3" 0 IGd EXHIBIT DRAWING OUTHLAI E JOINT USE AREA CITY OF SOLITHLAKE TARRANT COUNTY, TEXA —�r s Joint UFe Agreement EXHIEIT A WSO6+750M.Docurn3rW,Jcdn1 Lb3 Agraernert- ScuiNaVa']E29C&Ocic P'lgl - - Page 24 of 24 C J