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23-561
ORDINANCE NO. 23-561 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A PRIVATE LICENSETO MULBERRY ST. COLLECTIVE, LLC DBA WILD CACTUS CANTINA & GRILL TOOCCUPY, MAINTAIN AND UTILIZE A PORTION OF 1 IOW MULBERRY STREET RIGHT-OF-WAY LOCATED NEAR THE INTERSECTION OF S ELM STREET AND S LOCUSTSTREET IN CITY BLOCK 115 – 118 W MULBERRY STREET WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED, FOR THE PURPOSE OF THECONSTRUCTION, iNSTALLATION, OPERATION AND MAINTENANCE OF A CEMENTRAMP AND A GREASE TRAP INTERCEPTOR, PROVIDING FOR THE TERMS ANDCONDITIONS OF THIS LICENSE; PROVIDING FOR ANNUAL COMPENSATION TO BEPAID TO THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER TO EXECUTEA RIGHT-OF-WAY LICENSE AGREEMENT BETWEEN THE CITY OF DENTON, TEXASAND MULBERRY ST. COLLECTIVE, LLC DBA WILD CACTUS CANTINA & GRILLREGARDING THE USE OF RIGHT OF WAY FOR A CEMENT RAMP AND GREASE TRAPINTERCEPTOR; AND PROVIDING AN EFFECTIVE DATE OF THIS LICENSE ANDORDINANCE. WHEREAS, the Mulberry St. Collective, LLC dba Wild Cactus Cantina & Grill, (“Wild Cactus”), desires to construct, install, operate, and maintain, a cement ramp and a grease trap interceptor, for the purpose of entry into their facility and adherence with health and safety codes;and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBYORDAINS : SECTION 1. That a revocable license, hereinafter referred to as “license”, subject to the restrictions and conditions of this ordinance, is hereby granted to Wild Cactus, its successors and assigns, hereinafter referred to as “Grantee”, to occupy, maintain and utilize for the purpose setout herein below the tracts of land described in Exhibit A, hereinafter referred to as “licensed areas” which is attached hereto and made a part hereof. SECTION 2. That this license is granted for a term of 10 years, unless sooner terminated according to other terms and provisions herein contained. SECTION 3. That Grantee shall pay to the City of Denton the sum of TWO HUNDRED FIFTY ($250.00) DOLLARS annually for the license herein granted, said sum to become due and payable on the 211d of January each year, in advance, during the term hereof provided, however,that the first payment due hereunder in the sum of TWO HUNDRED FIFTY ($250.00) DOLLARS shall be paid prior to the final passage of this Ordinance and shall cover the consideration for 2023 . Such consideration shall be in addition to and exclusive of any other taxes or special assessmentsrequired by law to be paid by Grantee. Should Grantee fail to pay the above stated annual fee within sixty (60) days of the due date, the City Manager may terminate this license. Following thefirst 5 years (year 2027) of this license, Licensee shall pay an annual license fee in the amountsshown below: YEAR OF LICENSE TERM ANNUAL PAYMENT 2027- 2032 (Years 6- 10) 2032-2037 (Years 10- 15) 2037-2042 (Years 16-20) 2042-2047 (Years 20-25) $275 annually $ 1,375.00 Total $300 annually $ 1,500.00 Total $325 annually $ 1 ,625.00 Total $350 annually $ 1,750.00 Total SECTION 4. That the licensed area shall be used by Grantee for the following purpose under the direction of the City Manager: to construct, install, operate, and maintain, a cement ramp and a grease trap interceptor, providing for the terms and conditions of this license. SECTION 5. That this license is subject to the provisions set forth in EXHIBIT B, attached hereto and made a part hereof. SECTION 6. That this license is nonexclusive and is made expressly subject and subordinate to the right of the City to use the licensed areas for any public purpose. The GoverningBody of the City of Denton reserves the right by ordinance duly passed by said Governing Body, to terminate and cancel this license upon giving Grantee sixty (60) days’ notice of its intent to cancel. Upon termination, all rights granted hereunder shall thereupon be considered fully terminated and cancelled and the City of Denton shall not be held liable by reason thereof. Said ordinance shall be final and shall not be subject to review by the Courts. Grantee shall have the right of cancellation upon giving the City of Denton sixty (60) days written notice of its intentionto cancel, and in either event upon the termination or cancellation by the City or Grantee, as the case may be, this license shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove, to the extent required by the City Manager, any improvements and encroachments from the licensed areas at Grantee’s expense. Failure to do so shall subject Grantee to the provisions contained in EXHIBIT B, Subsection (a). All work shall be done at the sole cost of Grantee and to the satisfaction of the City Manager. SECTION reservatIons: a) 7.That this license is subject to the following conditions,terms and Prior to commencement of construction, at the option of the City of Denton, Grantee shall execute a performance and maintenance bond for the construction of the cement ramp and grease trap interceptor to ensure completion of the project and repairs necessary to meet city standard specifications two-year warranty period. Grantee shall assure that construction complies and meets the Accessibility Standard Requirements administered by Texas Department of Licensing and Regulation (TDLR) and Americans with Disabilities Act (ADA) requirements. b) c) Grantee acknowledges that the 2019 Sidewalk Improvement capital project number 180025-1, will impact the license area. SECTION 8. Upon the effectiveness of this ordinance, the City Manager, or designee, is hereby authorized to execute a Right of Way license, attached hereto as Exhibit C and to file same in the deed records of Denton County, Texas. Additionally, the City Manager, or designee, is hereby authorized to execute a cancellation of Notice of License upon termination by the City or Grantee and to file such cancellation of Notice of License in the deed records of Denton County,Texas SECTION 9. That the terms and conditions in this ordinance shall be binding upon Grantee, its heirs/successors and assigns. SECTION 10. That this license may not be assigned without prior written approval from the City Manager, or designee. Such assignment shall recite that it is subject to the terms, restriction and conditions contained in this ordinance. The assignee shall deliver evidence of ownership of property abutting the licensed area, and a copy of the assignment, along with the assignee’s written acceptance of the provisions of this ordinance, to the City Manager within 10 days of such assignment, along with the assignee’s written acceptance shall be forwarded to the City Secretary of the City of Denton. Should Grantee fail to obtain prior written approval for assignment of this license or fail to provide the City of Denton with the required written acceptance and a copy of the assignment, the City Manager, or designee, may terminate this license. SECTION 11. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Denton County, Texas, which certified copy shall be delivered to the City Manager, or designee. Upon receipt of the fee pursuant to Section 3 of this ordinance, an acceptable certificate of insurance, the City Manager, or designee, shall deliver to Grantee the certified copy of this ordinance. The City Manager, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 12. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so ordained. SECTION 13. That the City Manager, or their designee, is hereby authorized to execute, on behalf of the City Council of the City of Denton, Texas, an Right- of Way License Agreementbetween the City of Denton, Texas and Wild Cactus, for the use of the right of way to construct, install, operate, and maintain, a cement ramp and grease trap, which Right of Way License Agreement is attached hereto and made a part thereof as Exhibit B. SECTION 14. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED thi, th, 1b d,y ,f MArch 2023 The motion to approve this ordinance was made by Jr 55 ,'= D,.a, I and seconded by ts,...„ B,, Kfollowing vote U- a :B9 the ordinance was passed and approved by the Aye „/ b/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis. District 3 : VACANT. District 4 : Brandon Chase McGee. At Large Place 5 : Chris Watts, At Large Place 6: JL -L JX L/ dah„* ATTEST: ROSA RIOS, CITY SECRETARY a(gb, APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY g::ilaJliiagr::fab:T=:::loau!Et; BY: -\N\kcUJ'i\ \)UK :==::; =:eT; E;:03.01 08:41:13 4600’ By: _ \\\\\ \ ILI P/// Cr;\ rg T ONIIIIIt 11111\ Exhibit A Licensed Areas boa9z svnl M>rN3a'lS AUu3rlrtH 'M OLI dVEL 3SV3UD AgNsrLLOVD aIM g gZ b gBr gig;; gi, g gjggigE !ij !! ! ! ! ! ! ; ! ! ! };---; ;! i!!!! !!ii gg;ji§g S <a((9 <n nc BIgBIg (aCa !!{} ,; iii,? I Ii 3 i ii0Lf)alrhC) iiiiii:iii}iJ-f !gIIi i I fi EIanDcr)aZ <20 gaaUlacr) {!!!! i: iglk£hiiiiI i i ii}na£wrarlarrar @ IEIR-IB4uFIHRal 1Ia=aaIBuwIB+uaDaIR E CD C/)V) Q aSgFcga El acgI i tr)\BLLIZ al)1-cr)S;lg a)OC CDalE0O E;i tHSeg ljt) =0E CDZF he dZ 3on g !!i8 BF) a)la0OLuBgE CDZFXLLI C ECD= CD3E0-) • C/) dZ93on eb ac LU =F-cr)aac ge ?NOa =(D30QCac g(9ZFC/)XLULUFaZLU1-asgC/) LUa0(JCAgLUZLUCDpI ZUZE><111 >al ac UlatUl < 0Z <111aUla bcCDUlIE1-UlC)3aLUQCgacggZ810 30 :a 3b ?1 g CDZEElyg g ; g cr) <aZrDE :,JaaZ <TJLUBUlJaE <cr) r\- <acILUC/) <111acLPBiIIZDe0LL,JUl > <ac(D ?!g rlbZC) b(b laa)Ba). agP 8 aF)a IIIg LA &LUDeDb <UnDZgaZ <LUa8DeLUa !ElB CDZ:JaE 8(a2 <a <ac1-LUcr) <111ncCPrJgZe Bbon CDZFV)P<La e/)QC !(1/) Z30alanaUlZ30ELUone QCeaUlbIAZ LUcn <Ul CDac0LL30 + < E 1- La ac Ula $CDaZ <LUaQ7) CDZ5XLUebZCJ <anaE $ <a <acD0aeacggZ8 r\1 cSZrdLUbZ FaLUC) $aLUDe AE $ <a < 0Z FiE $ 8( < + Z g0Z <LU-JC)3LUZ 8 b)ai EL=E<ac e3an CDZEE LUa8 >anatHreDaUlDeaZ <C/)Z3aZZ30 =C/)C/) < g0Z <tHnJ(JLUa5gafrI C/) <LUNa/aZ <aZ==LUbZ LL0LUaneCDZaZLULLaZ <CDZ,Jgaci3UlZ BLLIF ZIL d/0F8aa <aUlre anbLUacaac0LL C/)Z0EDE 3 C/)2 1'0 = fr0 = CD 1- C/)LU Za 3 a C) >Aaq+ IC) anP(D a--1--JaLn riLUaInLUZg2 00 SPECIFICATION AN D SU BM ITTAL GB-250 100/200 GPM Great Basin" Indoor/Outdoor Grease Interceptor 44" (D2 cm)I A Adjustable coveradapters provide up to 4-of additional height./’87" (221 cm) This unit is certified to ASME A112.14.3 (Type D)and CSA B481.1. This unita does not require flow control. 33" (84 cm)\\ SUBMITIALStandard Options Accessories Location: Indoor/outdoorInstallation: Above/below gradeFlow Rates / Grease Capaclties: boooo%PpYL (?gJ Ll s)Removal Efficiency at theRated Capacity: 96 7%Solids Ca}>acit9: 69 gal. (261 L)Liquid Ca}>acit# 277-gal (1,049 L)Wight: 3?6 lbs. (171 kg)Conneetions: 4" FPT with 4" plain end adapters, singleinlet and triple outletCovers: Cast iron covers, pickable 24- gas/watertight, H-20 rated, proof–load tested to 40,000 lbsAicess Restrictor: Safety Star’ (450 lb. rating) builtinto each cover adapter fgg14Lb1,895 lbs. (860 kg), 260 gal/ 1,196 lbs. (543 kg), 164 gal [] 6" plain end inEet/outlet (straight–through)with dual pumpout port connections[] 6" MPT inlet/outEet (stainless steel, straight-through)[] -FO (fixed outlet)[] C24H2 Composite covers, bolted 24• gas/water tight,traffic load rated for 16,000 lbs. naan DEnDannHn FCR2 (x2) >4- – 34- field cut riser FCR2 (x4) >34' – 64" field cut risersFCR2 (xG) >64- – 94" field cut risers CA2 Adapter for 24" corrugated pIpe rIserPP3 Pumpout port AKI High water anchor kitATDI Cover adapter tie-down kitAGSI Above grade support kit PLAIN-EA-24 2- plain end fittingPLAIN-EA-34 3’' plain end fitting FPT-EA-34 4" x 3" FPT fitting FPT-EA-23 3- x 2" FPT fittingCC2 Integral membrane clamping collar kit + At 200 GPM, this unit is certified to ASME Al1214'3 (Type C) and CSA B481.1 and includes an internal flow control. External flow control with vent not required Approval Signature: Specifying Engineer:Engineering Firm: SPECIAL PRECAUTIONS For Schier Grease Interceptor Installations - Failure to follow this guidancevoids your warranty A WARNING! DO NOT AIR TEST UNIT OR RISER SYSTEM! Doing so may result in property damage, personal injury or death.A CAUTION! Do not install this unit in any ma,,,,except as described in these instructions Installation Instructions ODOR ALERT! Installation instructions and additional components are included with theinterceptor. Read all instructions prior to installation. This interceptor is intendedto be installed by a licensed plumber inconformance with all local codes. Interceptor is not asewer gas trap.All upstream fixturesmust be trapped ohl b Install interceptor as close as possibleto fixtures being served Provide at least 16"clearance above unit forroutine maintenance. ODOR ALERT! Do not install air gap onoutlet side of interceptor Fully Support Base of Unit Install unit on solid, level surface in contact with the entire footprint of unit baseHigh Temperature Kitchen Water cold water supply line high temperatur9> 150' F)efHuent ( approved backflowprevention assembly DTV (drain water tempering valve) Support Inlet and Outlet Piping For above grade installations ensure heavy inlet and outlet piping (such as castiron or long runs) is properly supported orsuspended during the entire installationprocess to prevent connection failure ordamage to bulkhead fittings pIpe supports @ N Suspended Installations Design trapeze to support the wetweight of the unit. Do not partiallysupport unit or suspend unit using metal U-channel to create a trapeze.The wet weight of the interceptorcombined with high temperaturekitchen water creates the potentialfor tank deformation in suspendedinstallations. In these situationsAbove Grade Support Kit model AGSI is required to be installed to maintain GB–250 structural integrity concrete floor directly connected indirectly connected If water is entering the interceptor at excessive temperature (over150c’ F), a drain water ternpering valve (DTV) and approved backflowprevention assembly must be installed. Most state and localplumbing codes prohibit water above 150c> F being discharged intothe sanitary sewer_ Water above 150'’ F will weaken or deform PVCSchedule 40 pipe, poly drainage fixtures like interceptors and erode the coating of cast iron (leading to eventual failure). DO NOT USE CAST IRONCOVERS IN ABOVE GRADE ORINDOOR INSTALLATIONS Use composite cover C24H2 forabove grade installations gasSPECIAL PRECAUTIONS For Schier Grease Interl or Installations - Failu voids your warranty Secure Cover Adapters Cover adapters must be securedto base units in above gradeinstallations with increased head pressure conditions. Use cover adapter tie-down kit model ATDI Below Grade Installation Slab RequirementsA concrete slab to finished grade with rebar is required wheninstalling interceptor below grade. High WaterTable Installations Interceptors and risers are notdesigned to withstand water table height in excess of the top of the unit when buried (see figure). If it ispossible for this to occur, install the interceptor and risers in awater-tight concrete vault orbackfill with concrete or flowable fiN (wet concrete and flowable backfill should be poured in stages to avoid crushing the interceptor). At risk areas include but are not limited to tidal surge areas,floodplains and areas that receive storm water. Great Basin"' modelsthat are direct buried in high water table scenarios must be installedwith an anchor kit. Model GB-250 uses model AKI anchor kit. Pedestrian Traffic or Greenspace Areasmax water table height Vehicular Traffic Areas Installations with Risers Max Water Level Risers are not designedto retain water Hydrostatic/Pressure Slabs When installed under a hydrostatic slab (slabdesigned to withstandupward lift, usually causedby hydrostatic pressure)interceptor must beenclosed in a watertightconcrete vault. concrete slab subject to hydrostatic pressure concrete vault Corrugated Riser PipeRequirements Riser adapter model CA2 mustbe used when installing interceptors using 24' diametercorrugated pipe as a riser. Thiswill adequately embed the cover adapter in the concreteslab, preventing cover/cover adapture failure under trafficrated loads DO NOTCOMPACT BACKFILL cIm Fl MECHANICALLY Compact byhand only Joshua Hamlin page 3 of 4 SPECIFICATIONS NOTES 1. 4- FPT with 4" plain end adapters, single inletand triple outle;Unit weight – w/cast iron covers: 376 lbs.;w/com$'osite, covers: 266 lbs. (For wet weightadd 2,3'10 Ibs,)Maxlrnurn operating temperature:150'’ F continuousCapacities - Liquid: 277 gal@100 CPM - Grease: 1,895 lbs@200 GPM – Grease: 1,196 lbsSolids: 69 galThis unit does not require flow control for 100GPM applications. Built-in Flow control isprovided for 200 OPM applications. For seriesinstallations, only install- flow control on thefirst unit in the series if necessary 2 3 4 5 6. For gravity drainage applications only,7. Do not usb for preisur6 -applications8. Cover placem6nt allows fu-II access to tank forproper maintenanceP. Ven.t not required unless per local code10. Engineered inlet and o.utlet diffusers arereMovable to inspect / clean pjpingIntegral air relief'I Anti–siphoN /11 Sarripling access12. Adjustable cover adapters provide up to 4" ofadditional height13. Fixed outlet mbdels (–FO) have inlet andoutlet permanently w91gled at the factory inthe straight-throu6h (B) positions. ’14. Flow rates are based on 2–-minute drain time.15. Safety Star®, access restrictor built into each 9over adapter prevents accidental entry to tanks(450 lb rating) TOP VI EW H-20 load rated gas/water tight pickablecast iron covers Outlet A(optional) Outlet B (standard) Outlet C(optional) SECTION A-A Safety Star' AccessRestrictors Pumpout PortKit (optional)Integral Air Relief /Anti Siphon andInspection Port StaticWater Line '=-}-f DIFFUSION FLOW TECHNOLOGY The inlet diFfuser reduces turbulence. creates laminarflow and allows the entire tank volume to be utilized for eFficient grease separation and minimaldisturbance–to existing grease and sediment layers.The inlet diffuser can-be attached to any of thethree inlets provided Fo ease job site piping layouts,The integral' air relief / anti–siphon at the o-utteldiffuser top allows pressure £tabilization within theunit during operation. The outlet diffuser can easilybe attached 'to any of the three outlets provided toease job site piping Eayouts Cover Adapters withup to 4- oF Adjustability y 28–1/2II Invert Inlet Diffuser Outlet Diffuser 30–1/2" ENGINEER SPECIFICATION GUIDE Schier Great BasinTM grease interceptor model #GB-250 shall be lifetime guaranteed and made inUSA of seamless, rotationally–molded polyethylene.Interceptor shall be furnished for above or belowgrade installa jion. Interceptor shall be certified toXSM€ A112.14.3 (Type D for 100 GPM, type C for 200GPM) and CSA' da81,1, with adjustabl’e coveradapters, Safety Star' access restrictor byilt intoeach cov.er adapter, built-in flow control (for 200GPM only) and three outlet options. Interceptor flowrate shall be 100 or 200 GPM. Interceptor greasecapacity shall be 1,895 lbs. @ 100 CPM pr 1196 GPM@ 500 (iPM. Cover shall provide water/ gas–tightseal and have minimum 16,000 lbs. loacJcapacity. INLET END VIEW Rated Grease Capacities for Units Piped in Series No. ofUnits inSeries Removal Efficiency 100 GPM M 96.7./.93.5./. 3,790 lbs. 2,392 lbs. 5,685 lbs. 3,588 lbs. 7,580 lbs. 4,790 lbs.CERTIFIED PERFORMANCE Great BasinTM hydromechanical grease interceptorsare third party performance–tested and listed byIAPMO to ASME #A112,14,3 and CSA B481.1 greaseinterceptor standards and greatEy exceedrequirements for grease separation and storageThey are compliant to the Uniform Plumbing cadeand the International Plumbing CodeBi& DeIU ••Hl•IC)Ul e0()4)C C0T)a)C /OaS !!!zaZ C) El (b92QLi a) L. B Z do,it'S + ui cd0 = ! ! !: : B g =a)la10a)g !!0 t) >0C)a)C hBCa) y<a) a) g :as00 O<r e j HL loa9z svxIL M>rN3a'lS AUu3rlrw 'M OII IB dVUL 3SV3LD M3NsrLLOVoalIM i8 ii ! } ;!!!!! ! ! ! ! !t= ii:gigiiii gg e e ; } { : : $ E Elan L/)a gZ0gLL(iLUal --1 3 V) SPECIFICATION AN D INSTALLATION GUIDE FC D2 Field Cut Riser System TOP VI EW For use with grease interceptor models GB- 50, GB-75, GB-250, GB-500,GB-1000. CGI–500, CGI–750. CGI-1000, CGI-1500 and CGI-2000; solids interceptor models SI-50, Sl-75, Sl-250 and SI-500; sampling port modelsSV24 and SV24-O; and wastewater flow distributor FS-DUO SIDE VIEW I" TYPCut 6- n'PLfnes T_ Contents SECTION A-A Specifications . . . . . . . . Special Precautions . . . . . Getting to Know the FCR2 Installation 27-1/2-a 23 FCR2 Compatible Models 32-1/2 Notes 1 2.Unit weight: 32 lbsRiser not designed to hold water Engineer Specification Guide:Field-cut adjustable riser system to consist of injection molded polypropylenebody, 100% Silicone Sealant for assembly of riser components, butyl rnastic sealantfor tank-riser or riser-riser joints, stainless steel fastening hardware and heavy dutynylon cable ties and mounts. Riser shall allow field adjustability of cover to grade Risers RequiredRiser Height Needed (pe ay)r accessw None (use adapter)O" - 4 >4" - 34'FCR2 FCR2 (x2)>34" - 64 FCR2 (x3>64" - 94 Installation Note Minimum install height: 4". Maximum install height: 34". Riser system may bestacked no more than three units high to a maximum of 94- extension. Access tointernal components will not be compromised. Joshua Hamlin SPECIAL PRECAUTIONS For Schier riser Installations - Failure to follow this guidance voids your warranty A CAUTION! Do not install this unit in any mannerA WARNING! DO NOT AIR TEST UNIT OR RISER SYSTEM! Doing so may result in property damage, personal injury or death.except as described in these instructions Installation Instructions High WaterTable InstallationsInstallation instructions and additional components are included with the base unit. Read all instructions prior to installation. This riser isintended to be installed by a licensed plumber in conformance with allocal codes. max water table height Interceptors and risers are notdesigned to withstand water table height in excess of the top of the unit when buried (see figure). If it ispossible for this to occur, install the interceptor and risers in awater–tight concrete vault orbackfill with concrete or flowable fill (wet concrete and flowable backflll should be poured instages to avoid crushing the interceptor). At risk areas include but arenot limited to tidal surge areas, floodplains and areas that receive stormwater. Models that are direct buried in high water table scenarios mustbe installed with an anchor kit. See base unit installation instructions for selecting appropriate anchor kit. Installations with Risers Max Water Level Risers are not designedto retain water Hydrostatic/Pressure Slabs When installed under a hydrostatic slab (slabdesigned to withstand upward lift, usually causedby hydrostatic pressure) interceptor must beenclosed in a watertightconcrete vault.A\ CAUTION ! Do not add any form of lubricant to cover adapter/gasket assembly or risers during installation.DO NOTCOMPACTBACKFILLa\ CAUTION ! Make Sure Parts Are Clean When Applying Silicone orMastic Sealant Below Grade Installation Slab Requirements A concrete slab to finished grade with rebar is required when Reviewed for Code Compliance 01 /23/2023Joshua Hamlinpage 2 of 10 Schier I FCR2 Installation Guide SPECIAL PRECAUTIONS For Schier riser Installations - Failure to follow this lidance void:r warran High Temperature Kitchen Water ODOR ALERT! cold water supply line ePIuetEfTESF#IS approved backflowprevention assembly DTV (drain watertempering valve) Interceptor is not asewer gas trap.All upstream fixturesmust be trapped ODOR ALERT! Do not install air gap on outlet side of interceptor Fully Support Base of UnitInstall unit on solid, level surface in contact with the entire footprint of unit basedirectly connected indirectly connected If water is entering the interceptor at excessive temperature (over150'’ F), a drain water tempering valve (DTV) and approved backflowprevention assembly must be installed. Most state and local plumbing codes prohibit water above 150'’ F being discharged intothe sanitary sewer. Water above 150'’ F will weaken or deform PVC Schedule 40 pipe, poly drainage fixtures like interceptors and erodethe coating of cast iron (leading to eventual failure). Support Inlet and Outlet Piping For above grade installations ensureheavy inlet and outlet piping (such as cast iron or long runs) is properly supported orsuspended during the entire installationprocess to prevent connection failure or damage to bulkhead fittings. pIpe supports DO NOT USE CAST IRONCOVERS IN ABOVE GRADE OR INDOOR INSTALLATIONS Reviewed for Code Compliance 01 /23/2023 Joshua HamlinSchier I FCR2 Installation Guide page 3 of 10 GETTING TO KNOW THE FCR2 1. #8 x 5/8" riser body assembly screw (x12) 2. Riser body half (x2)3, 100% silicone sealant 4. #10 x 3/4" phillips head stainless steel screws (x4) 5. Cable tie mounts(x4) 6. Heavy duty 18" - 120 lb. cable tie (x4) 7. Stainless steel eyebolt and nut (x4) 8. I" square x 80" block butyl rnastic sealant Reviewed for Code Compliance01 /23/2023Joshua Hamlinpage 4 of 10 Schier I FCR2 Installation Guide INSTALLATION Tools You Will Need Hia)IBnRF Level INCLUDED WITHBASE UNIT TapeMeasure #2 Phillips HeadScrewdriver Reciprocating Saw,Circular Saw or Jigsaw Drill with1/2" Chuck 1/4" Drill Bit 7/16" Nut Driver Bit I0 Determine riser height needed and trim risers. Measure dimension X to determine riser height needed. Riser HeNeeded O" - 4 >4- - 34 >34 >64- - 94' Risers Requireder accessw ay)(p None (use ad FCR2 (x1) FCR2 (x2) FCR2 (x3)0 Determine trim length (round up all fractions to next inch).Only one FCR2 riser per cover will need to be cut.e Measuring from bottomof riser, mark trim lengthand cut riser halves, Riser HeightNeeded O" - 4 >4' - 34’ >34" - 64' >64' - 94' Trim Length = Trim (27-31" - Riser Height (X) 62" - Riser Height (X) 93" - Riser Height (X) NOTE: if trim length is 0 or less, no cutting is required. Trimming risers usingthese guidelines will result in risers that are 0-2" shorter than the exact riserheight needed. Cover Adapter adjustability will allow for final adjustmentsto grade. Reviewed for Code Compliance01 /23/2023 Joshua HamlinSchier I FCR2 Installation Guide page 5 of 10 INSTALLATION 2a Assemble riser body halves. Apply silicone sealant (included) to theedge of each riser body half. Lay one beadinto the entire length of the groove andanother bead into the sealant trough next tothe screw holes. Tongue Edge Groove Edge Sealant TroughTGroove Immediately assemble riser halvesafter applying sealant and fastenusing supplied screws. Reviewed for Code Compliance01 /23/2023 Joshua Hamlinpage 6 of 10 Schier I FCR2 Installation Guide INSTALLATION 3 Install risers onto base unit.a a Loosen the cover adapter lowerband clamps using7/16- nut driver bit Remove cover adapters. Remove insert plugs, then handtighten eyebolts into threaded holessurrounding the accessway Lay butyl mastic sealant into thechannel surrounding the accessway.Place riser into position aligningvertical ribs with eyebolts. Loop cable ties throughmounting holes and eyebolts,do not tightenInstall 4 cable tie mounts onto lowest horizontal structural rib using#10 x 3/4" screws. Make sure mounts are located directly aboveeyebolts and are positioned for horizontai cable tie placement. O rix=xin Make final adjustments to cableties to ensure riser is level. Tighten cable ties, a little bit at a time in a star pattern goingaround the riser to evenly force the riser into the rnasticsealant. Riser should go 1'/2" - 3/4- into the sealant Reviewed for Code Compliance01 /23/2023 Joshua HamlinSchier I FCR2 Installation Guide page 7 of 10 INSTALLATION 4 Insta11 risersonto risers (34"+) On bottom riser: drill (4) 1/4" mountingholes through flange.On bottom riser: install eyebolts intoholes in riser flange using suppliedstainless steel nuts. Hand tighten only. On bottom riser: lay butyl rnasticsealant onto the flangesurrounding the accessway. On the top riser: install 4 cable tie mounts onto lowesthorizontal structural rib using #10 x 3/4" screws. Makesure mounts are located directly above eyebolts andare positioned for horizontal cable be placement. Place top riser onto bottom riser. OK :1 Loop cable ties throughcable mounts and eyebolts,do not tighten. Tighten cable ties, a little bit at a bme in a starpattern going around the riser to evenly force theriser into the mastic sealant. riser should go 1/2" –3/4" into the sealant Make final adjustments tocable ties to ensure risersystem is level Reviewed for Code Compliance01 /23/2023 Joshua Hamlinpage 8 of 10 Schier I FCR2 Installation Guide INSTALLATION 5 Install cover adapters Secure cover adapters onto risers.O Place cover adapter/gasket assembly onto top level riser(s). Tighten lower bandclamp to 5 -8 ft. lbs. of torque using 7/16" nut driver bit Make final cover adapter adjustmentsa Loosen the cover adapter upper bandclamp using 7/16" nut driver bit, Adjustcover adapter heights as neededMaintain a minim-um 2-1/2" insertiondepth. Tighten upper band clamp to 5-8 it. lbs. of torque using 7/16- nut' driver bit. If required, cover adapters may nowbe tilted up to 10'’ in any direction usinggasket flexibility COVER ADAPTER INSTALLATION DETAIL Cover Safety StarAccess Restrictor Cover Adapter Gasket Upper Band Clamp Lower Band Clamp2-1/2" minimum Top Level Riser Reviewed for Code Compliance01 /23/2023 Joshua HamlinSchier I FCR2 Installation Guide page 9 of 10 FCR2 COMPATIBILE MODELS Great Basin"' Grease Interceptors GB- 50 GB-75 GB-250 Big Foot'" Gravity Grease Interceptors GB- 500 GB-1000 GGI- 500 GGI-750 Gel-looo Billy Goat"" Kitchen Solids Interceptors GGI-1500 GGI-2000 SI-50 Sl-75 Sl-250 Sewer Viewer"" Wastewater Sampling Ports SI- 500 Flow Splitter""Wastwater Flow Distributors SV24 SV24-0 FS-DUO Reviewed for Code Compliance01 /23/2023 Joshua Hamlinpage 10 of 10 Schier I FCR2 Installation Guide Oate','4700 W. loath StClev8land. Ohh 44135Ph: (800) 321-9532 Fax: (800) 321-9535www.oatey.corn PVC Floor Sinks SUBMiTrAL SPECIFICATION Engineering Specifi6ation: Oatey Floor Sinks are used for general service drainage in commercial applicationsfor light traffic areas.Job Reference ryA I I iIIL+A secTION A-A (All dimensions in inches) Socket Size (A) 2.00 in 3.00 in. 4.00 in Socket SIze (B)ma in: spigot 3.00 in. spigot 4.00 in. spigot Base Material PVC PVC PVC Part Number 42720 42721 42722 Data is suM to manufacturi© toleranas. Reviewed for Code ComplianceateriaIs meet ASTM D2665 Joubtua++awabItl hrupdates. SPECIFICATION AN D INSTALLATION GUIDE Field Cut Riser System RISER SIDE VIEW For Use with Sampling Port Model SV10 a Notes 1. Unit weight: 6 lbs.2. Riser not designed to hold water Engineer Specification Guide:Field-cut adjustable riser system to consist of 8nominal diameter polyethylene corrugateddrainage pipe and coupling, and butyl rnastictape for riser joints. Riser shall allow fieldadjustability of cover to gradeContents Specifications Special Precautions 1 Installation Note Riser system may be stacked no more than threeunits high to a maximum of 97" extension2 2 4– 8 Getting to Know the FCR10 Installation Riser Height Needed Risers Required 0" - 31 >31 >64" - 97" FCRIO FCR10 (x2) FCR10 (x3) Joshua Hamlin SPECIAL PRECAUTIONS FOr Schier Grease Interceptor Installations - Failure tO follow this guidanlvoids your warranty A WARNING! DO NOT AIR TEST UNIT OR RISEn SYSTEM! Doing so may result in property damage, personal injury or death./!\ CAUTION! Do not install this unit in any manner except as described in these instructions 11b [] R e a d a 1 1 i n s t r u c t i o n s 1ENe f o r e i n s t all at ian Install in conformance with all local codes ITIEarp: ElliEPeR:rt asanddownstream from interceptor being served 3 Provide at l8ast 16"clearance above unit forroutine maintenance 5 Max Water LevelRisers are not designedto retain water eTyE : \>:\);Th" : it?I/BR \II <4:i fly GETriNG TO KNOW THE FCRIO 1. Corrugated Riser Pipe (8" nominal diamater - 33" height) 2. Riser-Riser Coupling 3. 2" x 33" Butyl Mastic Tape (x2) 4. 2'' x 6- Butyl Mastic Tape Reviewed for Code Compliance01 /23/2023 Joshua HamlinFCR10 Installation Guide page 2 of 4 INSTAL ION Tools You 6)IPBqr LWill Need i TapeMeasure Reciprocating Saw,Circular Saw or Jigsaw Level Square 10 Prepare SV10 Sampling Port for Riser Installation Measure dimension X to determine riser height needed Riser HeightNeeded >31" FCRIO FCR10 (x2) >64" - 97"FCR10 (x3) Disconnect the SV10 and remove it from the burial pit. Cut the SV10 at the Riser Cut Line, freeing thecover adapter from the sampling port body 2 Assemble Multiple Risers for Deep Burials RISER HEIGHT NEEDED >0 - 31"Go to Ste 3 – Cut and Install Riser M Follow Steps 2a –2c to join two FCR10 risersFI::::I WF 97"o 1111mI Spread open the corrugated pipecoupling slightly and slip in theends of the riser pipes to be joined. Use the 6" long roll of butyl tapeprovided to seal and secure thevertical coupling seam. Reviewed for Code Compliance01 /23/2023Joshua Hamlin Use the 2 - 33" long rolls of butyltape provided to seal and securethe horizontal riser seams. FCR10 Installation Guide page 3 of 4 INSTALLATION 38 Cut and Install Risera Cut riser to a length 2" longer thanthe riser height needed.Insert Riser into SV10 Body.Use a 33" length of butyl tape (providedwith SV10) to secure the riser joint. Makesure joint is completely sealed and riseris aligned square to the SV10 Body.O Return the SV10 to the burial pit andreconnect the drain lines Place the cover/cover adapteronto the top of the riser andcheck to see if flush with grade.If too high, remove cover andtrim riser as needed. Secure cover/cover adapter usingthe other 33" length of butyl tape(provided with sDlo). Make sure jointis completely sealed and cover islevel and flush-to-grade. Reviewed for Code Compliance01 /23/2023 Joshua HamlinFCR10 Installation Guide page 3 of 4 qL–ADENTON Department Building Safety401 N. Elm St Denton. Texas 76201 (940) 349-8360 of Development Services www.cityofdenton.com/Building Permit #: Date Commercial Building Applieation Site Plan e hIn Addition I[] M„hi F,miN o I }[] Exterior Remodel I [] Tenant Finish-Out [Building Use Clearing and Grading[lamm1I[] GrubbingIn Excavation/ Stockpiling ,pplied: n Yes Project Ex: SP174511 FNo New Business ![] New Use 1 [] Change in Use Same Usea)aa ©e Plans are required for ALL new commercial, For q„esuons regarding She Plans, contact Planning at (940) 349-8541adaamgwnag•Fla To\\d ClacM CIIn\nII aarhbdr must be provIded tMMMma M>mIV11a Yes Ro le rl me NB:Proiect Value 57mHmm1 IIff;?=;mmemimyofdenton.?ii Bw-amEfa; Ti ;=ti;maFecmr r–-TN-d:-am:©O Fa:aT#REling TI;ii aE mA P m Fr BiRiF Compan, O 'licant {IMT&al ,ddress: Email:1 N\+rwMll'iaNDO K=££{'iGq„6'Qx3qmMStat 9 kS Mr !! }\D t F State-haa .CDT(\i Applicant Signature:Mr++ Owner:mc BnVMRaHZNHPtmM m MIm BGs!@® :Owner: ' IAdd ress:RraT jCH EmI ! State: IZI He8ilnIjeHIllwETkiW3M [M No aHmmlimma ] proper Health permit applicatIon [] Application Fee [] Restaurant < 1000 sq ft [..] Restaurant > 1000 sq ft n Grocery Store < 12,000 sq ft Grocery Store > 12,000 sq ft $162.00 $162.00 $487.00 [1 Convenience Store, with Deli [] Convenience Store, without Deli [] Nursing Home/ Bar/ Bakery U Day Care Licensed Capacity [.] Number of Children $324.00 $162.00 $324.00 $324.00 [] Mobile Units/ Snack Bars [ ] Seasonal, expires after 4 month [ ] Other Swimming Pools ( each) $162.00 375.oo $324.00 987.o9 $162.00 Each Fire Prevention Informat stMa Muse ofan©©EE:i.following', Yes[]No[] Fireworks Yes[]No[] Magnesium Yes[]No[] Paint/flammable materials Yes[]No[] Lp Gas Yes[] No [] Other: Yes[] No D Poisonousor hazardous chemical50r adds Yes []m] Yes [] No [] Yes [-]No [] Yes a No [.]les []No [] Yes []No [] 0 a liquids (10 gal or more) On-site consumption of alcoholic beverages Storage (higher than 12' of combustible items Dust producing equipment or materials Compressed gases Explosives or ammunition Reviewed for Code Compliance01 /23/2023 Joshua Hamlin nEO Commercial Building Application, continued Contractors R\ n> TiKqlK&vzilvfTHin4 T===••IIK!!EngmiMve jreattv, perform maIntenance on real property, or repaIr, restore or remodel residential real property should refer to 93.291 of this tItle, relatIng to contractors. To lobtain a sales and use tax permit dstl http://comMlerie]as.gov/QxpermR/ MRI BILBaomEm Phone:mlIHBaW Email: @E!!!M Email:mg Con PEBBIE[aFIIEam1mm==r=m M BElIHt •RI El lgH8Ra@aBaFmmammEmWmangamMmMMBHEEERss: mEnmMIH8a EmaR;Hmm sT liME:BEll:Ft ;] g an{I herebY certify that alasbestos sunPW has bRen d;JneJn accordance with the Texas Asbestos Heatth Protection Rules (TAHPR) and National EmissionApplicantsw&utuZy?Py%&o//W{ZL Date: mar @}Enit does not include such itemsa @ns, retainingMs Irigation, or pH© s. Separate permits lshall be submitted for the; structures or accessory constructions. Please see the Fence/Retaining Wall Application, Signs Application,Irrjgation Annlication. and Swimming Pool Annlication. permIt does not presume to give authority to vIolate or cancel the provisions of any law or ordInances regulating constructIon. Nl inspectIon wIll be performed unless an Issued permIt is dIsplayed on the JobsIte and the CRy approved plans are avaIlable to the inspector on the jobsite at the time of inspection. The applicant is responsible for all work done under this permit, and must follow al I I IIliF Ind/or amended codes.m:meM8e mma Mist Erosion Control installed? [] Yes W, No if erosion control is not already installed, date of installation: IAre any existing trees to be preserved? [] Yes a No If yes, are tree fences installed? [] Yes []No Property Owner's signature: Ute:.Tmjr wJmbaFagEIDof a E[EliE+GFas th<project me the requirements of the Texas Commission on Enviromental Quality’s {TCEQ) Texas Pollutant Discharge Elimination System (TPDES) IG,„emI P„mit N,. TXR15aooa, ,el,ted t, di,cha,ge, ,f th, storm w,ter runoff from construction sites? [] Yes [] No n N/A SUBMIT A COPY OF THE TCEQ NOTICE OF IVIEMr INeI) FORM Contact Joetta Daily, City of Denton Water Utilities, at 940-349-7153 for all Texas Commission on Enviromental Quality requirement questionse01 /23/2023 Joshua Hamlin e hIm:IIga EXHIBIT BCOMMERCIAL ENTITYADDITIONAL LICENSE PROVISIONS That this license is granted subject to the following additional conditions, terms and reservations: (a) That at such time as this license is terminated or canceled for any reason whatsoever, Grantee, upon orders issued by the City acting through the City Manager, or designee, shall remove all installations, improvements and appurtenances owned by it situated in, under or attached to the licensed area, and shall restore the premises to its former condition in accordance with the requirements of the City Manager at the sole cost of Grantee. In the event, upon termination of this license, Grantee shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by City, or such work is not done to the satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition or cause such work to be done, and to assess the cost of all such work against Grantee; in neither event shall the City of Denton be liable to Grantee on account thereof. (b) it is further understood that if and when the City of Denton, in the exercise of its discretion, shall determine that the grade of any street, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of Grantee’s installations and improvements thereon, any modifications or changes to Grantee’s facilities in the licensed area or in construction or reconstruction of any public improvement attributable to Grantee’s use of the licensed area and/or its installations and improvements thereon, shall be made at the sole expense of Grantee and to the satisfaction of the City Manager. (c) At such time as this license is granted, it is agreed, and a condition hereof, that Grantee shall procure and keep in full force and effect Commercial General Liability Insurance coverage issued by an insurance company authorized and approved by the State of Texas, acceptable to the City of Denton and issued in the standard form approved by the Texas Department of Insurance. The insured provisions of this policy must name the City of Denton as an additional insured protecting the City of Denton against any and all claims for damages to persons or property as a result of or arising out of the use, operation and maintenance by Grantee of the licensed area and Grantee’s installations, improvements, landscaping and equipment in connection therewith and located therein, The Commercial General Liability coverage must include, but not limited to, Premises/Operations, Independent Contractors and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of not less than $500,000 per occurrence and $500,000 annual aggregate. This insurance shall also include coverage for underground, explosion and collapse hazards (i.e. not excluded). If this insurance is written on a claims- made form, coverage shall be continuous (by renewal or extended reporting period) for not less than twelve (12) months following termination of this license and removal of the installations, improvements and appurtenances and restoration of the licensed area pursuant to paragraph (a) above. Coverage, including any renewals, shall contain the same retroactive date as the original policy applicable to this license. The City of Denton reserves the right to review the insurance requirements set forth herein during the effective term of the license and to adjust insurance coverages and their limits when deemed necessary and prudent by the City of Denton’ Risk Management based upon changes in statutory law, court decisions, or the claims history of the industry as well as the City of Denton. 1. Grantee agrees that with respect to the above required insurance, all insurance contracts and certificates of insurance will contain and state, in writing, that coverage shall not be canceled, nonrenewed or materially changed except after thirty (30) days written notice by certified mail to Department of Development Services. EXHIBIT BCOMMERCIAL ENTITYADDITIONAL LICENSE PROVISIONS 2. Grantee shall carTy said insurance at its expense and shall furnish the City of Denton proof of such insurance. In the event said insurance should terminate during the licensing term hereof, or Grantee fails to fhrnish proof of insurance coverage in accordance with the specifications as required by this section, the Director of Development Services, or designee, may terminate the license granted herein. (d) Grantee is prohibited from using the licensed area in any manner which violates Federal, State or local laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation, those related to health, safety, noise, environmental protection, waste disposal and water and air quality, and shall provide satisfactory evidence of compliance upon the request of the City of Denton. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the licensed area due to Grantee’s use and occupancy thereof, Grantee, at is expense, shall be obligated to clean up the licensed area to the satisfaction of the City of Denton and any governmental body having jurisdiction thereover. The City of Denton may, at its option, clean the licensed area. If the City of Denton elects to do so, Grantee shall promptly pay to the City of Denton the reasonable cost of such cleanup upon receipt of bills therefore. Grantee agrees that the indemnity provisions contained in paragraph (g) herein shall be fully applicable to the requirements of this paragraph, in event of Grantee’s breach of this paragraph, or as a result of any such discharge, leakage, spillage, emission or pollution arising out of the Grantee’s use of the licensed area. (e) This license is subject to all State laws, the provisions of the Charter of the City of Denton as it now exists, or may hereafter be adopted or amended, and the ordinances of the City of Denton now in effect or those which may hereafter be passed or adopted. The City of Denton shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant in accordance with the provisions of the Denton City Code as it now exists, or as may hereafter be adopted or amended. (f) The Governing Body of the City of Denton reserves the right, at any time without notice, to terminate and cancel this license, by ordinance, upon a finding by the Governing Body that this license is inconsistent with the public use of the property or whenever the purpose or use of the license is likely to become a nuisance and all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City of Denton shall not be held liable by reason thereof. The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City’sdetermination as to whether the Grantee’s use of this license constitutes a nuisance or is inconsistent with the public use of the property. (g) AS A CONDITION HEREOF, GRANTEE AGREES AND IS BOUND TO DEFEND,n{DEMNIFY AND HOLD THE CITY OF DENTON, ITS OFFICERS, AGENTS ANDEMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDG&mNTS,COSTS AND EXPENSES FOR BODILY m JURY (INCLUDDfG DEATH), PROPERTYDAMAGE OR OTHER HXRM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,SUFFERED BY ANY PERSON OR PERSONS, TlIAT MAY ARISE OUT OF OR BEOCCASIONED BY THE USE, OCCUPANCY AND MAINTENANCE OF THE LICENSEDAREA OR GRANTEE’S INSTALLATIONS AND HVIPROVEMENTS WITHIN THE LICENSED AREA, FROM ANY ACT OR OMISSION OF ANY REPRESENTATIVE, AGENT, CUSTOMERAND/OR EMPLOYEE OF GRANTEE, OR BY GRANTEE’S BREACH OF ANY OF THE EXHIBIT B COMMERCIAL ENTITYADDITIONAL LICENSE PROVISIONS TERMS OR PROVISIONS OF THIS LICENSE, OR BY ANY NEGLIGENT OR STRICTLYLIABLE ACT OR OMISSION OF GRANTEE, ITS OFFICERS, AGENTS, EMPLOYEES ORCONTRACTORS ni THE USE, OCCUPANCY AND MAINTENANCE OF GRANTEE’S nVSTALLATIONS AND INnROVEMENTS WITIHN THE LICENSED AREA; EXCEPT THATTHE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANYLIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF THE CITY OF DENTON, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND HqTHE EVENT OF JOINT AND CONCURRING NEGLIGENCE OR FAULT OF BOTH THE GRANTEE AND THE CITY OF DENTON, RESPONSIBILITY AND LIABiLrrY, IF ANY,SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTALIMMUNITY AVAILABLE TO THE CITY OF DENTON UNDER TEXAS LAW AND WITHOUTWAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THIS OBLIGATIONTO INDEMNIFY AND DEFEND SIIALL ALSO INCLUDE ANY CLAIM FOR DAMAGE THAT ANY UTILITY OR COMMUNICATION COMPAFW, WHETHER PUBLICLY OR PRIVATELYOWNED. MAY SUSTAIN OR RECEIVE BY REASON OF GRANTEE’S USE OF THE LICENSED AREA OR GRANTEE’S I&WROVEMENTS AND EQUIPMENT LOCATEDTHEREON. IN ADDITION TO THE FOREGOING, GRANTEE COVENANTS AND AGREESNEVER TO MAKE A CLAIM OF ANY KIND OR CHARACTER WnATSOEVER AGAINSTTHE CITY OF DENTON FOR DAMAGE OF ANY KIND THAT IT MAY SUFFER BY REASON OF THE INSTALLATION, CONSTRUCTION, RECONSTRUCTION, OPERATION ORMAINTENANCE OF ANY PUBLIC IMPROVEMENT, UTILITY OR COMMUNICATIONFACILITY ON THE LICENSED AREA, WHETHER PRESENTLY IN PLACE OR WHICH MAY UV THE FUTURE BE CONSTRUCTED OR INSTALLED, HVCLUDING BUT NOTLIMITED TO, ANY WATER OR WASTEWATER MAINS OR STORM SEWER FACILITIES,REGARDLESS OF WHETHER SUCH DAMAGE IS DUE TO FLOODING, INFILTRATION,BACKFLOW OR SEEPAGE CAUSED FROM THE FAILURE OF ANY INSTALLATION,NATURAL CAUSES, CITY’S NEGLIGENCE, OR FROM ANY OTHER CAUSEWIIATSOEVER. (h) This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City of Denton or any utility or communications company, public or private, and to any vested rights presently owned by an utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the licensed area. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner as to interfere with the operation of any utilities and communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance and efficiency of its respective system and shall at all times have the full right EXHIBIT BCOMMERCIAL ENTITYADDITIONAL LICENSE PROVISIONS of ingress and egress to or from and upon the licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. Exhibit C ROW License RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY BY MULBERRY ST. COLLECTIVE, LLC DBA WILD CACTUS THE STATE OF TEXAS §§ KNOW ALL MEN BY THESE PRESENTS: §COUNTY OF DENTON THAT the City of Denton, Texas, a home rule municipal corporation(“Licensor” or “City”), acting by and through its duly authorized City Managerpursuant to Code of Ordinances Chapter 25, Article II, Division 3 – Right-of-Way Construction Management, for the consideration set out below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto, Mulberry St. Collective, LLC DBA Wild Cactus (“Licensee”), its successors and assigns, the right to enter upon, construct, install, operate, and maintain, a grease trap and cement rampat 110 West Mulberry Street (“Licensee Facilities”) in certain parcels of Right-of- Way owned by Licensor in Denton County, Texas. Licensee to use Right-of-Way under the jurisdiction of Licensor as described in attached Exhibit “A,” attached hereto and incorporated herein by reference (“Licensed Premises”). Licensee shall provide “as built drawings” to the office of the City Engineer of the City of Denton upon construction pursuant to the terms and conditions of this agreement (the “License”). Section 1-Application. In association with the grant of this License, Licensee shall submit a complete Right-of-Way Permit application (“Permit”) for this License to: Capital Projects & Engineering Department, Public Works Division, 401 North Elm Street, Denton, Texas, 76201-4137, comprising of plans accurately showing the proposed location, course and alignment of the proposed Licensee Facilities; a written application, which application shall show the time, manner, means and method of the proposed construction. The Permit application includes, but is not limited to: a.Maps or schematic drawings, in a format to be approved by the City Engineershowing the placement of the Licensee Facilities within the right of way, including its location and elevation in every street (elevation need not be supplied for gathering systems, or if not economically feasible); The business address and telephone number of the person responsible for the operation and maintenance of the grease trap; The telephone number of at least one emergency contact available on a 24- hour basis; Certificates of insurance for the coverage’s set forth in this License; b. C. d e. The name, address and telephone number of Licensee; and f. Such other information as Licensor shall reasonably request that relates toplacement of the Licensee Facilities in Licensor right of way and as to appropriate compensation herein. Section 2. Terms and Conditions. For and in consideration of the execution of this License and the mutual promises and covenants of the parties hereto, it is mutually promised, understood and agreed as follows, to wit: 1. Term. This License shall expire and terminate ten (10) years after the date of execution of this License by Licensor, unless terminated earlier or renewed as provided hereafter. 2. Updating Information. Licensee shall update permit application information within 30 days after changes occur. Upon request by the City Engineer, made no more frequently than annually, Licensee shall certify in writing to the City Engineer that Licensee’s information filed with Licensor is true, correct and complete. 3. As Built Drawings. Licensee shall provide “as built drawings” to the office ofthe City Engineer of the City of Denton upon construction and installation of theLicensee Facilities. 4. Licensee Option to Terminate. Licensee shall have the option to terminate this License at any time upon giving the Licensor written notice sixty (60) days in advance of such termination, and upon termination shall not be entitled to any reimbursementsof the license fee from Licensor. 5. City Option to Terminate. The City Council of the City of Denton reserves the right by ordinance duly passed by said City Council, to terminate and cancel this license upon giving Licensee sixty (60) days’ notice of its intent to cancel. Upontermination, all rights granted hereunder shall thereupon be considered fully terminated and cancelled and the Licensor shall not be held liable by reason thereof. Said ordinance shall be final and shall not be subject to review by the courts. 6. Effect of Termination. Upon termination, this License shall become null andvoid and Licensee shall remove any improvements and encroachments from the Licensed Premises at Licensee’s expense and repair the Licensed Premises to their status prior to Licensee’s installation of the Licensee Facilities. Licensee shall remain liable for any improvements and encroachments in the Licensed Premises, includingLicensee Facilities, until such time as the City Engineer, or their designee, has inspected and approved of the termination. All work shall be done at the sole cost ofLicensee and to the satisfaction of Licensor. 7 Condition Upon Termination. Upon termination of this License, Licensee Page 2 shall remove all Licensee Facilities. In the event that removal has not occurred within 90 days, Licensor shall have the right, but not the obligation, to enter upon the License Premises and remove all Licensee Facilities, after giving the Licensee notice. Should Licensor be compelled to remove, the Licensor shall be reimbursed by the Licensee for all costs for labor, materials, and equipment for the outright removal. 8. Licensor Inspection. Licensor retains the right to make visual, non-invasive inspections of the Licensee Facilities and on request of Licensor from time to time, to require Licensee to provide available records and data in its possession or that it has a right to possess or inspect to demonstrate its current compliance with the terms of thisLicense. 9. Consideration. (a) in consideration of the execution of this License, Licensee shall pay an annual license fee in the amounts shown below: YEAR OF LICENSE TERM ANNUAL PAYMENT 2022 - 2027 (Years 1- 5)$250 annually$ 1,250.00 Total 2027- 2032 (Years 6- 10) $275 annually$ 1,375.00 Total 2032-2037 (Years 10- 15)$300 annually$ 1,500.00 Total 2037-2042 (Years 16-20) 5325 annually$ 1,625.00 Total 2042-2047 (Years 20-25) $350 annually$ 1,750.00 Total Licensee shall obtain whatever rights and permission, other than Licensor, that may be necessary when Licensee encroaches on an easement in favor of parties otherthan Licensor. The payment shall be made to Licensor at the office of the City Manager, City of Denton, 215 E. McKinney, Denton, Texas, 76201. The license fee payment shall be exclusive of and in addition to all general applicable permit fees and all municipal taxes of whatever nature, including but not limited to, ad valorem taxes and special taxes and assessments for public improvements. The foregoing fees are stipulated to be commensurate with Licensor's expenses in administering, supervising, inspecting, and regulating pipelines in streets. 10. Option to Renew. Subject to the approval of City Council of the City of Denton by ordinance, Licensee shall have the option of renewing and extending the term of this License for one additional term of ten (10) years, by payment of the license fee as prescribed in Section 2 (9), adjusted as provided herein, and giving Page 3 notice of renewal in writing to the Licensor not less than ninety (90) days in advance of the date of termination of the initial ten (10) year term. The license fee or payment shall be adjusted by the Consumer Price Index (CPI) for the additional ten-year term or as may be set by the City Council of the City by Ordinance. 11. Construction Upon Execution. Subject to the terms hereof, Licensee shallhave the right to begin installation and construction of the Licensee Facilities. Licensee shall obtain all applicable City permits prior to construction activities of any kind from the City Engineer, who shall have the right to approve the plans and specifications for the crossing of the right of way by construction activities. Except as may be permitted or authorized by the Licensor, no street or highway in the City of Denton shall be blocked or obstructed during construction or regular maintenance after construction. The placement of the Licensee Facilities shall interfere as little as practicable with the use of the streets, sidewalks, or alleys as well as any pre-existing uses of the Licensed Premises by Licensor or any third party and shall be in accordance with the directives of the City Engineer of the City of Denton. If Licensee is found to be using the Licensed Premises for other purposes than those granted herein, or in a way not authorized herein, this License shall be null and void and Licensee shall have no further rights for Licensed Premises usage. 12. Insurance and Indemnity. Licensee shall obtain, maintain, and provide proof of the each of the following types of insurance and coverage limits. These insurance policies shall be underwritten by insurance companies with an A.M. Best Rating of AVI or better. ( 1) Commercial general liability on an occurrence form with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. This coverage shall include the following: a. Products/completed operations to be maintained for one (1) year. b. Personal and advertising injury. c. Owners and contractor's protective liability. d. Explosion, collapse, or underground (XCU) hazards. e. Contractual liability. (2) Automobile liability coverage with a minimum policy limits of one million dollars ($ 1,000,000) combined single limit. This coverage shall include allowned, hired and non-owned automobiles. (3) Workers compensation and employer's liability coverage. Statutory coverage limits for Coverage A and five hundred thousand dollars ($500,000) Coverage B employers' liability is required. (4) Pollution liability insurance which provides coverage for sudden and accidental environmental contamination with minimum limits of liability of five million dollars ($5,000,000). Page 4 13. License and Permit Bond. Licensee shall provide a license and permit bond, in the amount of two thousand dollars ($2,000.00). The license and permit bond shall be executed by a surety company authorized to do business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. 14. Subordination. This License is subordinate to the Licensor’s interests in the Licensed Premises. Licensor reserves the right to use the Licensed Premises and the airspace above the Licensed Premises for any public purpose allowed by law and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the Licensor on, across, along, under or over said Licensed Premises; and whenever by reason of said work in connection with said other purposes it shall be necessary by Licensor to alter, change, adapt, conform or relocate Licensee Facilities in any part of the Licensed Premises occupied by the Licensee, such alterations or changes or relocations shall be made by the Licensee when ordered in writing by the Licensor pursuant to directions from the City Manager without any claim for reimbursement for the costs of the relocation or for damages againstLicensor. 15. Notice. Any notice or communication required in the administration of this License shall be sent by United States Mail, certified, return receipt requested, to theLicensor as follows: City Manager of the City of Denton 215 E. McKinney Denton, Texas 76201 Any notice or communication required in the administration of this License shall besent to the Licensee as follows: Mulberry St. Collective, LLC DBA Wild Cactus 403 Egan StreetDenton, TX 76201 Notice shall be deemed delivered and received three (3) days after mailing as provided herein. 16. Police Powers. Licensee is subject to all police powers of the City of Denton in the construction, installation, operation, and maintenance of Licensee Facilities, as well as all other ordinances as currently exist and as may be amended in the future of the City of Denton or by state law. The City of Denton retains regulatory authority over all health, welfare, and safety issues that may arise. 17. Non-Transferable Without Consent. The rights granted by this License inure to the benefit of the Licensor. The rights shall not be assigned or transferred without the express written consent of the City Council of the City of Denton. Any required consent is to be evidenced by ordinance or resolution of the City Council of the City Page 5 of Denton. Upon transfer of ownership of Licensee or change of the occupant of theabutting property to the relevant Right of Way, such new occupant or owner of Licensee may submit written notice and request transfer of this License, subject to express written consent of the City Council as set forth above. 18. Waiver. No waiver or modification of this License or of any covenant, condition, or limitation herein contained shall be valid unless in writing and dulyexecuted by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this License, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, and dulyexecuted. The parties further agree that the provisions of this section will not bewaived unless as herein set forth. 19. Unenforceable Provisions. In the event that any one or more of the provisionscontained in this License shall for any reason be held to be invalid, illegal, orunenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the License shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this License. 20. Entire Agreement. This License and the exhibits attached hereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this License. No amendment, modification, cancellation, or alteration of the terms of this License shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. 21. No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this License shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shallbe and remain at all times in full force and effect. 22. Captions. The captions contained in this License are for informational purposesonly and shall not in any way affect the substantive terms or conditions of this License. 23. Laws of Texas. This License shall be governed by and construed inaccordance with the laws of the State of Texas. VENUE FOR ANy DISPUTE ORACTION ARISING FROM OR RELATED TO THE PERFORMANCE OF THISLICENSE SHALL SOLELY BE IN COURTS OF COMPETENT JURISDICTION IN DENTON COUNTY, TEXAS. All payments under this License shall take place in Denton County, Texas. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this License duplicate originals on this al day of wax 2023. In LICENSOR THE CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY b\\!!! rIPII B Y : APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY LICENSEE Mulberry St. Collective, LLC DBAWild Cactus Title: STATE OF TEXAS § § §COUNTY OF DENTON This instrument was acknowledged 2023, by &yUTLLC DBA ’Jd%tus before me on kG , 23 on behalf of Mulberry St. Collective, Given ,„,d,r my h,„d ,„d „,I ,f ,m„ thi, ? Jrd,y ,f R&G.2023 CHRISTINA A DAVIS Notary ID #125469768My Commission ExpiresJanuary 7, 2026 Page 7 Notary Public, State ofTexa§ ,My Commission Expires: t / a/M STATE OF TEXAS § § §COUNTY OF DENTON This instrument was acknowledged before me on nba,hM2023, by Sara Hensley, City Manager, of the City of Denton, Texas, on behalf of saidCity Gi„,„ ,md„ my h,nd ,„d seal ,f ,fn„ thi, #d,y ,f NWCK 2023 Notary Put;Iii b@had\d(b MRI$ALg®B My WHy O+ 131@6791WeB rhHtrH 14. mo Notary Public, State of Texas . My C,m„,i„i,„ E,pi„„ MN/&2 Page 8