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HomeMy WebLinkAboutContract 46671 CITY sECRVAW Ii - -1 cOMWRACT NO. POND MAINTENANCE AND PARK LICENSE AGREEMENT This Pond Maintenance and Park License Agreement ("Agreement") is made and entered into by and between The City of Fort Worth, a Texas home-rule municipal corporation ("City"), and FW Tarrant Partners, LLC ("Developer"), a Georgia limited liability company, acting by and through Morrow Investors, Inc., a Georgia corporation, acting by and through its duly authorized representative. RECITALS The Developer is the owner of certain real property described as an approximately 19.729 acre tract located in the John Edmonds Survey, Abstract 457, Tarrant County, Texas as recorded by Instrument Number D212074583, County Records, Tarrant County, Texas ("Developer's Property"). The City is the owner of certain real property known as Vinyards at Heritage Park located at 5280 Alta Loma Drive, Fort Worth,Texas 76244 ("Park"). The Developer is proceeding to build on and develop the Developer's Property according to the Site Plan/Subdivision Plan known as "The City of Fort Worth, Texas Plans for the Construction of Paving, Water, Sewer and Storm Drainage Improvements to Serve Lot 1 Block 1, The Sovereign Addition The Sovereign Apartments" (D.O.E. No. 6969, City Project No. 02044, Water Project No. P265-6021502044-00, Sewer Project No. P275-7021302044-00, File Number W-2254) ("Plan"), which is expressly incorporated herein by reference and made a part hereof, as approved or to be approved by the City. The Park and the Developer's Property share a common boundary that crosses an existing pond ("Pond"). The Plan will divert storm water runoff from the Developer's Property into the Pond, which may affect the integrity of the Pond and the Park. The Developer has agreed to construct or cause to be constructed and maintained storm drainage improvements to the Pond that will serve to protect the integrity of the Pond and the adjacent Park. AGREEMENT ACCORDINGLY, in consideration of the Recitals, the mutual covenants contained herein, and the following terms and conditions,the parties hereto agree as follows: M 1. Purpose. The purpose of this Agreement is to set forth the City's and Developer's < obligations as they relate to the construction and maintenance of storm water drainage m improvements to the Pond that will serve to protect the integrity of the Pond and the D OFFICIAL RECORD s Pond Maintenance and Park License Agreement CITY SECRETARY I of 20 �' FT.WORTH, TX adjacent Park. The locations of the storm water drainage improvements and maintenance areas are depicted in more detail and described by metes and bounds in the attached Exhibit "A", which is incorporated herein by reference, and include a portion of the Developer's Property and a portion of the Park, generally within or around the Pond (collectively referred to as the"Improvement and Maintenance Area"). 2. Park Property Licensed a. The City grants the Developer a non-exclusive license ("License") to enter onto and upon that portion of the Improvement and Maintenance Area located on the Park ("Licensed Park Premises") to perform its obligations hereunder and for no other purpose unless agreed to by the parties in writing. Unless the License is revoked by the City, the term of the License shall be commensurate with and remain in place for so long as this Agreement remains viable. b. The City reserves the right to revoke this License at any time and for any reason. Any revocation of this License will not affect the Developer's obligations as they pertain to the Improvement and Maintenance Area on the Developer's Property, unless agreed to otherwise by the parties in writing. 3. Construction and Maintenance of the Drainage Improvements a. General Requirements i. The Developer shall, at no cost to the City, construct storm water drainage improvements in accordance with the design specifications set forth in the Plan ("Drainage Improvements"), and maintain such Drainage Improvements pursuant to the Operations and Maintenance Plan set forth in Exhibit "B", which is attached hereto and incorporated herein by reference for all purposes. The Drainage Improvements include all pipes, channels or other conveyances built to convey storm water to and from the Pond, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water inflow or outflow. Adequate maintenance is herein defined as good working condition so that the Drainage Improvements performs its design functions. The Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit"C" and incorporated herein by reference, are to be used to establish what good working condition is acceptable to the City. ii. The Developer conducted a survey detailing elevations of the Pond as it existed prior to the construction of the Drainage Improvements ("Pre- Pond Maintenance and Park License Agreement 2 of 20 Construction Survey"), which is included in the Plan and attached hereto as Exhibit D and incorporated herein for all purposes. Within thirty(30)calendar days after construction is completed on the Drainage Improvements or after written request by the Director of the Parks and Community Services Department or that person's designee ("Director"), whichever is earlier, the Developer shall submit an additional survey detailing the elevations of the Pond post construction of the Drainage Improvements ("Post-Construction Survey"). If, after reviewing the Post-Construction Survey, the Director determines that the Pond elevations have changed due to heavy siltation associated with any construction, then the Developer shall restore the Pond to its pre-existing elevations in accordance with the Pre-Construction Survey, which includes, but is not limited to, the application of all necessary permits with all applicable governmental entities. If such restoration is necessary to return the elevations of the Pond to its pre-construction elevation levels, then the Developer shall be responsible for submitting to the Director an additional Post-Construction Survey evidencing Pond elevations consistent with the Pre- Construction Survey. All survey exhibits shall be signed by an engineer licensed in the State of Texas and shall be subject to the approval of the Director. iii. Once construction of the Drainage Improvements is complete, the Developer shall provide the City with a sworn affidavit attesting that the Drainage Improvements have been constructed in accordance with the specifications set forth in the Plan. iv. The Developer shall install a wrought iron fence along the property boundary between the City and the Developer's property, the location of which is set forth in Exhibit E, which is attached hereto and incorporated herein by reference. The Developer shall also fence in the Pond to prevent children from entering into Pond area. V. The Developer will perform all the work necessary to keep the Drainage Improvements and the Improvement and Maintenance Area in good working order. In the event the Developer fails to maintain the Drainage Improvements and the Improvement and Maintenance Area in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Improvement and Maintenance Area and take whatever Pond Maintenance and Park License Agreement 3 of 20 steps necessary to correct deficiencies identified in the inspection report. In the event the City performs work of any nature or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Developer shall reimburse the City, upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City. In the event that Developer fails to pay the City for the costs incurred under this section, the City may impress a lien for the costs of such work upon other lots owned by the Developer. Such lien shall arise and be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Drainage Improvements or Improvement and Maintenance Area, and in no event shall this Agreement be construed to impose any such obligation on the City,such obligation is Developer's. b. Construction and Maintenance on Licensed Park Premises (Additional Requirements) i. In addition to any other requirements set forth in this Agreement, if alterations, additions or improvements are required on the Licensed Park Premises, the Developer shall submit the plans for all such work to the Director not less than 30 days prior to the planned construction activities. No work shall commence until approval has been granted by the Director. Any work in progress prior to approval may be stopped and subject removal and replacement at the cost of the Developer. ii. In addition to any other requirements set forth in this Agreement, all alterations, additions and improvements to the Licensed Park Premises made with the written consent of the Director shal 1, upon completion and acceptance by the City, become the property of the City. Developer may be required to remove, at its expense, any alterations, additions or improvements not meeting specifications as approved by the City. iii. In addition to any other requirements set forth in this Agreement, in the event that any City property is damaged or destroyed by the Developer, the Developer shall be solely responsible for all repairs and restorations in accordance with all applicable policies and procedures of the City, including, Pond Maintenance and Park License Agreement 4 of 20 but not limited to, those governing seeding, sodding, tree removal, and the like. The City shall determine whether any damage has been done, the amount of damage, the reasonable costs of repairing the damage, and whether the Developer is responsible. The City shall be the sole judge of the damage to the Park, which shall be exercised reasonably. Any damage by the Developer shall be repaired or restored by the Developer to the reasonable satisfaction of the City within thirty (30)days of receipt of written notification from the City. If the Developer fails to remedy any damage to the Park, the City may take action in accordance with section 3(a)(v)of this Agreement. c. Inspections i. The Developer shall inspect the Drainage Improvements and the Improvement and Maintenance Area and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Drainage Improvements. The inspection shall cover all of the Drainage Improvements and the Improvement and Maintenance Area, including, but not limited to, berms, outlet structures, pond areas, access roads, etc. Components of the Drainage Improvements that need maintenance or replacement to perform their design function shall be noted in the inspection report along with the corrective actions to be or previously taken. ii. The Developer shall have a pond-depth survey performed annually by a duly licensed surveyor to ensure that the Pond's water capacity is being maintained in accordance with the pre and post elevation surveys required in Section 3(a)(ii), and shall submit said survey to the City within 30 days after the survey is completed. iii. The Developer hereby grants permission to the City, its authorized agents and employees, to enter upon and inspect the Improvement and Maintenance Area that is located on the Developer's Property whenever the City deems necessary. The City shall provide the Developer, its successors and assigns, copies of the inspection findings and a directive to commence with repairs, if necessary. 4. INDEMNIFICATION. This Agreement imposes no liability of any kind whatsoever on the City. THE DEVELOPER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE DRAINAGE IMPROVEMENTS FAIL TO OPERATE PROPERLY. DEVELOPER COVENANTS AND AGREES Pond Maintenance and Park License Agreement 5 of 20 TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF FORT WORTH, AND ITS AGENTS, SERVANTS, OFFICERS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS AND OMISSIONS OF THE DEVELOPER, AND ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, AND LICENSEES, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO CONSTRUCT AND MAINTAIN THE DRAINAGE IMPROVEMENTS AND THE IMPROVEMENT AND MAINTENANCE AREA IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. 5. Audit. The Developer agrees that the City shall have access to and the right to examine any books, documents, papers, and records of the Developer related to this Agreement. The Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. 6. Control of the Park. City does not relinquish the right to control the management and operation of the Park, or the right to enforce all necessary and proper rules for the management and operation of the Park. City, through its Manager, Director, police and fire personnel, and other designated representatives, has the right at any time to enter any portion of the Park (without causing or constituting a termination of the use or an interference of the use of the Park by the Developer) for the purpose of inspecting and maintaining the Park and doing any and all activities necessary for the proper conduct and operation of public property; provided this shall not authorize or empower City to direct the activities of Developer or assume liability for Developer's activities. 7. Insurance a. With respect to the Developer's obligations concerning the Licensed Park Premises, Developer shall maintain or require its contractor to procure, and maintain at all times, in full force and effect, the following policies of insurance: (i) statutory worker's compensation insurance for all of Developer's employees and all workmen on the Licensed Park Premises performing maintenance or upkeep, (ii) commercial general liability insurance, and (iii) business automobile insurance. The commercial general liability insurance policy and the automobile liability insurance policy shall be Pond Maintenance and Park License Agreement 6 of 20 primary to all other insurance maintained by Developer or City and shall be non- contributory; shall contain an endorsement listing the City as additional insured (endorsement CG 20 10 10 01 and CG 20 37 10 01) such that coverage is provided to the additional insured parties for completed operations; and shall be written for not less than the limits of liability as follows: i. Commercial General Liability: 1. $2,000,000 each occurrence; 2. $3,000,000 general aggregate per project; ii. Business Automobile Liability: 1. $1,000,000 combined single limit. 2. The commercial general liability policy shall contain a contractual liability endorsement and a products completed operations endorsement. The insurance policies shall not include any of the following endorsements excluding or limiting coverage: (i) contractual liability limitation, CG 21 39; (ii) amendment of insured contract definition, CG 24 26; (iii) exclusion — explosion, collapse and underground property damage hazard, CG 21 42 or CG 21 43; (iv) limitation of coverage to designated premises or project, CG 21 44 07 98; (v) exclusion — damage to work performed by subcontractors on your behalf, CG 22 94 or CG 22 95; (vi) any type of construction defect completed operations exclusion; and/or (vii) any type of punitive, exemplary, or multiplied damages exclusion. iii. The worker's compensation policy shall contain a waiver of subrogation endorsement in favor of the City. b. Certificates. As a condition precedent to this Agreement, Developer shall furnish City with appropriate certificates of insurance signed by the respective insurance companies as proof that it has obtained the types and amounts of insurance coverage required herein. If any such policy shall expire before the term of this Agreement, Developer shall furnish to City a renewal certificate of insurance not less than thirty (30)days prior to the expiration of any such insurance policy required hereunder. c. Additional Requirements. All insurance companies providing coverage pursuant to the requirements of this Agreement shall have a minimum Best's Rating of A- and a Financial Size Category listing of no lower than VII, both as provided by A.M. Best Pond Maintenance and Park License Agreement 7 of 20 Company, Inc. Upon request by City, Developer shall deliver a copy of all such policies of insurance required in this Agreement. 8. Independent Contractor. It is expressly understood and agreed that Developer shall operate as an independent contractor as to all rights and privileges granted herein concerning the Licensed Park Premises, and not as an agent, representative or employee of City. Developer shall have the exclusive right to control the details of its operations and activities on the Licensed Park Premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees and invitees. Developer acknowledges that the doctrine of respondeat superior shall not apply as between City and Developer, its officers, agents, employees, contractors and subcontractors. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. 9. Compliance with Laws. Developer shall comply with all federal, state, and local laws, rules, and regulations, as well as with all regulations, restrictions, and requirements of the Police, Fire, and Code Compliance Departments now or hereafter in effect which are applicable to its operations. 10. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers. ] I. No Waiver. The failure of City to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's right to insist upon appropriate performance or to assert any such right on any future occasion. 12. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 13. Force Majeure. City and Developer shall exercise every reasonable effort to meet their respective obligations as set forth in this Agreement, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems and/or any other cause beyond the reasonable control of City or Developer. 14. Headings Not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Pond Maintenance and Park License Agreement 8 of 20 15. Licenses and Permits. Developer shall obtain and keep in effect at its own cost and expense all licenses and permits, and pay all taxes incurred or required in connection with this Agreement and its operations hereunder. This shall include, but not be limited to, obtaining any and all permits required by Section 404 of the Clean Water Act or any successor statutes. 16. Lien. Developer acknowledges that it has no authority to engage in any act or to make any contract, which may create or be the foundation for any lien upon the property or interest in the property of City. If any such purported lien is created or filed, Developer,at its sole cost and expense, shall liquidate and discharge the same within ninety (90) days of such creation or filing. Developer's failure to discharge any such purported lien shall constitute a breach of this Agreement and City may terminate this Agreement, in whole or in part, upon thirty (30) days'written notice. However,Developer's financial obligation to City to liquidate and discharge such lien shall continue in effect following termination of this Agreement and until such a time as the lien is discharged. 17. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: City of Fort Worth Parks and Community Services Department Attn: Director 4200 South Freeway, Ste. 2200 Fort Worth,Texas 76115 With a copy to: City of Fort Worth City Attorney's Office Attn: City Attorney 1000 Throckmorton Fort Worth,Texas 76102 To Developer: FW Tarrant Partners, LLC Attn: Fred S. Hazel, Vice President of Morrow Investors, Inc. Sole Manager of FW Tarrant Partners, LLC 403 Corporate Center Drive, Suite 201 Stockbridge, Georgia 30281 Pond Maintenance and Park License Agreement 9 of 20 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. Covenant with the Land. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with the Developer's Property, and shall be binding on the Developer, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners' association. Developer and any subsequent transferee or successor-in-interest of Developer's Property shall not be responsible or liable for any matters relating to this Agreement arising after the date of Developer's or a subsequent transferee's or successor-in- interest's ownership of the Developer's Property. Any lawful assignee or successor- in-interest of Developer shall be deemed "Developer" for all purposes under this Agreement. 20. Entirety of the Agreement. This written instrument, including any documents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between City and Developer, its assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Agreement. The terms and conditions of this Agreement shall not be amended unless agreed to in writing by both parties and, if necessary, approved by the Fort Worth City Council. Executed to be effective as of the date subscribed by the City's designated Assistant City Manager. The City of Fort Worth FW Tarrant Partners, LLC, a Georgia limited liability company By: Morrow Investors, Inc., a Georgia for profit corporation, By: By: Susan Alanis Fred S Ilazel Assistant City Manager Vice esident Date: ✓` "��'/s Date: 30 Wks Pond Maintenance and Park License Agreement 10 of 20 Approved as to Form and Legality ALt 7C/ityy A `C �O r Q 0 C i y Secretary pa �O�pppo�o rEXAs NO M&C REQUIRED Pond Maintenance and Park License Agreement OFFICIAL RECORD► CITY SECRETARY I t of2o FT. WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on '}(1Q�,ti y 2015, by e9S Susan Alanis, Assistant City Manager of the City of Fort Worth, half of the City of Fort Worth. Notary Public, State of Texas LINDA M.HIRRLINGER " MY COMMISSION EXPIRES Printed Name: Link w. 1 1 r FeWM 2,2018 My Commission Expires: STATE OF4 +6 ir to— § COUNTY OF § T is inst a ent was acknowledged before me on () 2015, by F'1rt J 5 1 ame of officer) Vsc re,5, e�.j. (title of officer) f �xic.(name of corporation acknowledging) a (state of incorporation) corporation, on behalf of said corporation. M P/�C//i� Notary Pub 'b, State of r. Printed Name: rh WJ 04, n� p — My Commission Expires: f �10 L°lr >i��tl}tll�0 OFFICIAL RECORD CITY SECRETARY FT.WORM TX Pond Maintenance and Park License Agreement 12 of 20 Exhibit A Improvement and Maintenance Area Exhibit ' jp" _ Description of 2.069.acres of Land BEING a tract of land situated in the John Edmond.Survey,Abstract No.457,City of Fon Worth Tarrant County, Texas and being a porion of those uacts of land descnbed by deed to FW Tarrant Partners LLC,as mcotded in Instrument Number D212074583,County Rewrds,'farront County Tates,and described by deed to the City of Fort Worth,recorded in Volume 14976.Page 187,said County Records; Beginning at a 518 inch iron rod with plastic cap stamped"Peloton"found,being in the northwest corner of said FW Tarr,ni Partners LLC tract,being the north comer ofthai certam tract ofland described by deed to Hillwood AIL a%rc Residential L.P.,homrerly known as Tract 14 Hillwood 2.500 LTD,as recorded in Volume 9409,Page 1403,.aid County Records,and being in the southeast line of said City of For Worth tract; THENCE N 42°31'20"L,50.01 feet with said southeast line; THENCE leaving said southeast line,over and across said City of Fort Worth tract the following bearing and di>tauecs; N 05'00'1 YE,01X0 feet, N 30°14'24"W,50.00 feet; N 41°55'48"E-,90.00 feet; N 66"25'06"E,65 uo feet. THENCE S 6306'43"l at 51.67 feet,passing said southeast Line,from which a 518 inch iron rod wdtb plastic cap stampc.l"Peloton"found beats,N 42°31'20"E.149.32 feet,in all 115.00 feet; THENCE Omer aril ii.rom said FW Tarrant Partaera LLC tract,the following bearings and distances; S:8°39'31"L,8U 00 tett-, S 88°38'49"F.44.77 feet; S 00°00'00"W,60.70 feel: S 20"33'31"W,33,56 feet; S 00°23'28"F,170.(A feet; S 2992'25"W.90.00 feet to the north line ofsatd Hillwood tract,Win which a 518 itch iron rod with plastic cap stamped"Peloton"found,bears S 46'55'14"U,19.84 feet; THENCE N 46°55'14'W,360.011 feet,with said north line,to the Point of Beginning and containing 90,120 square feet nr 2 0,,9 acres of land more or less Peloton Job No.10-H W 8006 Tracking No.N°,A FT.WORTH April 29,2013 G',JOB110-HWRt106-NORT)ITARR4''1TCORNERS',SURtLEGAL\10 HWRt:!A EXI.DOCX Pond Maintenance and Park License Agreement 13 of 20 Exhibit"A" (Page:of)) rA An Exhibit Showing 2.069 Acres N; of land situated in the John Edmonds Survey Abstract Number 457, City of Fort Worth c 100 200 Tarrant County, Texas GRAPHIC SCALE IN FEET CITY OF FORT WORTH VOL 14976.PG.187 CR.T,C.T. + S63.06'43"E a N66'25'06"E nary/,a°' S j NCH IRON v 65.00' / ROD roues AT 51.67 'F S28.39'3T E Clq�0jl_ �M+gyp• /80.00. k S88.38'49"E 44.77' N30'14'24"W,50.00' POND N05'00'13"E.45.00' —SOO'00'00"E Q ° 60.70' C1� N421 3112011E,50.00' X �� e , S20'33'31"W POINT OF /' 9°otic 33'56 BEGINNING ti3 oyo� X o W FW TARRANT PARTNERS LLC * e� n INST.N0.D21207458J CR.T.C.T. d�4 INCH PON ROD 611H CARER 6 8URCESS CAP TCU%o �e0 S29.32'25"W 00. 90.00' S46.55'14"E FwMrMt4L(lPPE 19.84' pR�T1, TD 36 0401 PON OT• gl ROD FOUND oI �I NF �I �I �I I!!�! P E LOTO N N TARRANT PARKWAY LAND SOLUTIONS laperoriG al 6T evua-.mwin.au ur JOB# 10.NwR006 DRAWN BY ATJ ICHECKED BY: TAB DATE' 4-2413 Pond Maintenance and Park License Agreement 14 of 20 Exhibit B CITY OF FORT WORTH STORM WATER DRAINAGE IMPROVEMENTS OPERATION AND MAINTENANCE PLAN The only responsibility the City has in the operation and maintenance of this Drainage Improvements and the Improvement and Maintenance Area is inspection. General Maintenance Procedures The structural and functional integrity of the Drainage Improvements and the Improvement and Maintenance Area shall be maintained at all times by removing and preventing drainage interference,obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the Pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the pre and post surveys required in Section 3(a)(ii) of this Agreement. In addition, corrective measures are required any time the capacity level of the Pond's basin, as determined by the pre and post survey required in Section 3(a)(ii) of this Agreement, is incapable of functioning to its established capacity levels because of siltation, trash, and the like. Prior to undertaking any corrective measures, the Developer will ensure that all necessary permits have been filed with the appropriate governmental body. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. The Improvement and Maintenance Area shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system, a wire mesh screen or similar screening device shall be installed over the outlets, which are indicated on the Plan, until the Drainage Improvements have been fully and completely constructed to serve their intended purpose. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components of the Drainage Improvements will be conducted every 6 months. • A log shall be kept of maintenance actions and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the Developer and shall be provided to the City upon request. Pond Maintenance and Park License Agreement 15 of 20 Exhibit C Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pond Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic 1 ife Pond Maintenance and Park License Agreement 16 of 20 Exhibit D Pre-Construction Survey W jig .G / v:• , '� r r r r r 6 ii614,e il��i� • r �� ' ° R 1 r ; � � � ���iii�iiiii'i a � t 1- 1 i i ;• Ci t �' i r` 1 — ■41 4 Is- J 4' � —�` •rte acOCR t� if aT. 1. A 65 'll e a, Pond Maintenance and Park License Agreement 17 of 20 i f" • i ,fir 1i"�9�'t t �.� t _ oil J. r all Milt ql 51`� 1lrLN ll'� I� iii � - _ � �• _� •� � � :4. � N 1 ,T �f �--wr-rs - 14 mO Ha — - —r — Arts V. i, ! asa l i88� Ei Karl KaraJAN rd 17 All 1 -*Tdpi jii " a 1 i ! : e, lit !�' 11�a �'' •' t � 3SQa w A � 1 Q 5 � 1 Q �I' a Pond,Maintenance and Park License Agreement 18 of 20 - ----------------------- ---- -- �I ! v� _____--_____________tea------ yr�i,yr--r+vrv'�:s�er �• � ' ,� ! frr a 1 1 :I i•i' L1 ��---- �' - ;�;, 111 7 _ ,I EE 1 p •1 1 ,■ � JIB dry E r v P!-`I CO I Ip 94 RO q— Its �z t*a 1�`,• .1, ?'��-i=_st ,.��r �� ��' � r �3' i!ii I�1 6�°���I� 1 oil ` �i ta��@ G�r I SEE-qr! �IEiEr• d ! 4 � t- - - 'tir--- :- � > ��1) 0�•D 'i,'i�N(!3!i!-�e'il�la!�; �f��lyE�a•'��,��.. '�� 1) �: �,I �Eij��" . ..• c f�:1�lepd�l-I��Blli6f` + �q EE�EI;y 3�Id � �� A 5 ' i` ' �(�Il���� �� let'j'%;�:� 1''��!!i� ► '���IA.d II 9�i 1 � sly �; �� NA3q Nit �E E'A."�>)i� -� I . s;l �!<� f;i ��Il �E i f`a 1 '�I i I E�� R' � � m ► � Pond Maintenance and Park License Agreement 19 of 20 Exhibit E Location of the Wrought Iron Fence t 6 / FW TARRANT PARTNERS LLC INST.NO.D212074583 a "",ro lE1KE C.R.T.C.T. S 63'06'43• E `r LY 1:C '-Sul �• .00 2 - wPRGxgN1i tipf� . OF EIu5iNG POW ` • . (M REWW) 44. 'W f � g THE SOVEREIGN ADDITION g 2,• N 0500'13" E LOT 1, BLOCK 1 g 45.00' INST.NO.D213119066 -7"m C.R.T.C.T. - �� S 2Ir33'31" W 33.56' � cn r • izl Z N EXHIBIT FENCE EXHIBIT sss� "THE SOVEREIGN" A 19.729 ACRE TRACT LOCATED IN THE JOHN EDMONDS SURVEY, .uw°os AL*.ct S 29'32'25" W ABSTRACT NO. 457 Aimpirspi-Lp 89.99' aRwrR1 r rcno�1 � CITY OF FORT WORTH, lRAcr �� TARRANT COUNTY, TEXAS u■oailr�Gou° w C,Rrc1 l- -1'` SN •,••,•�� , ,„ IM CCND0RAM OR SU TEM I.E� A••„•. STAFFORD n<nm E� cA� .r•aat_•- •.r PMONE 17!119A6l703 Y¢i waa R • a r n m • TOPE FAMRE Q91RAlgN 110 F-l" I I y CONTACT JOyEPM REVE w w m Kra •�R i w s���•.s..+.�.w r.wrr.Y4aaaa r r Pond Maintenance and Park License Agreement 20 of 20