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HomeMy WebLinkAboutContract 51959-A2 Trinity River Authority of Texas r Planning,Design and Construction Administration DATE: April 8, 2020 City Secretary Contract No. 51959-A2 FILE: 3828.642 TO: Matt Murray Assistant City Attorney I City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 RE: Denton Creek Regional Wastewater System Henrietta Creek Interceptor, 25HC-1 Second Amendment to the Interlocal Agreement with City of Fort Worth (City Secretary Contract No. 51959) Dear Matt: The Authority executed an Interlocal Agreement(Agreement)with the City of Fort Worth (City) on October 24, 2018, for the above referenced project. The Agreement provides the Authority with permanent and temporary easement rights to construct the 25HC-1 Interceptor and to conduct tree mitigation within Chadwick Farms Park. Terms of the Agreement included a date of commencement no later than April 15, 2019, as summarized below. a. License Period. The term of the access to and use of the area described in Exhibit D shall consist of one (1) license period of two hundred fifty(250) consecutive calendar days, commencing no later than April 15, 2019. TRA must notify the Director of the City's Parks and Community Services Department or that person's designee ("Director") at least five (5) business days prior to the date on which the License Period will commence. The license period shall end at 11:59 p.m. on the 250th calendar day following the day of commencement ("License Period'). If TRA's use of the Licensed Premises does not commence on or before April 15, 2019, TRA shall immediately begin to restore the surface of the area previously licensed by the City to TRA through City Secretary Contract No. 46707 which was executed on May 28, 2015. Such restoration shall be in full compliance with the terms of City Secretary Contract No. 46707 and shall include all Park property included in both City Secretary Contract No. 46707 and this Agreement. The First Amendment to the Agreement (Attachment B)was executed on August 29, 2019, for a revised commencement date of no later than August 13, 2019. The Authority requests a Second Amendment to further revise the date of commencement to no later than April 8, 2020, to account for delays incurred by unforeseen conditions at the downstream pipeline connection and the COVID-19 Pandemic. This Second Amendment shall result in no increase to the value RECEIVES of the Agreement. All other provisions of the Agreement not specifically amended hereby -�-- APR 21 2020 OFFICIAL RECORD CITYOFFORTWOnTH CITY SECRETARY CINSECRE AY FT. WORTH,TX MR. MATT MURRAY April 8, 2020 3828.642 Page 2 remain in full force and effect. If this Second Amendment is acceptable, please indicate your acceptance and acknowledgment by signing below and returning an original executed copy to this office. Respectfully submitted, L� KELLY A dD ; .E. Manager, Capital Improvement Program Planning, Design and Construction Administration KAD/cjr/anf Attachment A— Interlocal Agreement with the City of Fort Worth Attachment B— First Amendment to Interlocal Agreement with the City of Fort Worth APPROVED: City of Fort Worth Trinity River Authority of Texas ter.Jul- 7�2vi�1 'V-Z Apr 21,2020 — Apr 21, 2020 Fernando Costa(Apr 21,2020) J.Kevin Ward(Apr 21,2020) Fernando Costa Date J. Kevin Ward Date Assistant City Manager General Manager Approved as to Form and Legality: Ma'ff Lurr�y Apr 21 2020 Hay'vwi S. SGdfi ay Apr 21 2020 Matt Murray(Apr21,2020) Howard S.Slobodin(Apr 21,2020) Matt Murray Date Howard S. Slobodin Date Assistant City Attorne General Counsel A. ATTEST: U ; #'pr 21, 2020 HowardSlobodin(AFr2 Apr 21, 2020 Mary Kayser }(I'� ,' Date Howard S. Slobodin Date City Secretary General Counsel OFFICIAL RECORD CITY SECRETARY FT WORTH,TX CITY Attachment A CONTRACT NO. INTERLOCAL AGREEMENT FOR CHADWICK FARMS PARK This Interlocal Agreement for Chadwick Park("Agreement") is made and entered into by and between the City of Fort Worth (hereinafter referred to as "City"), a home-rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Trinity River Authority of Texas (hereinafter referred to as"TRA"), a conservation and reclamation district and political subdivision of the State of Texas, created by and functioning under TEX. REV.CIV. STAT.ANN. Art. 8280-188, and acting pursuant to the powers granted by that article and general law, by and through its duly authorized General Manager. The following statements are true and correct and constitute the basis upon which the City has executed the Agreement: A. This Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Local Government Code; B. The City owns a certain piece of property known as Chadwick Farms Park, located at 15700 Cleveland-Gibbs Road, Fort Worth, Denton County, Texas 76262, and more accurately depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes ("Park"). C. TRA owns a Substitution Easement and Right-of-Way ("Easement") through the Park which authorizes it to construct sanitary sewer lines within the confines of the Easement, and which permits TRA the right of reasonable ingress and egress across the adjacent Park property for purposes of constructing and maintaining said lines. A copy of the Easement is attached hereto as Exhibit B. D. TRA requires additional permanent and perpetual rights through an undeveloped portion of the Park for the purpose of constructing, operating and maintaining an additional sanitary sewer line providing service to the City of Fort Worth said permanent rights being described in the instrument attached hereto as Exhibit C, and additionally certain temporary rights to facilitate construction, described on Exhibit D. E. This Agreement will provide TRA with both permanent rights and temporary access and workspace to a portion of the Park for purposes of reconstructing a sanitary sewer line beneath the Park and within the Easement owned by TRA and within the area described in Exhibit C, which is in the common interest of both parties and will benefit the general public. F. Each governing body, in performing government functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. QG. The City and TRA find that the subject of this Agreement is necessary for the RECEIVED benefit of the public and that each has the legal authority to perform and to provide FEB 2 1 2019 CITY OF FORT WNIfflocal Agreement for Chadwick Farms Park 1 of 51 CITY SrCRETARY the government function or service that is the subject matter of this Agreement. H. The City and TRA are parties to City Secretary Contract No. 46707 which was executed on May 28,2015. The City and TRA agree that nothing in this Agreement shall be construed as to alter the obligations of either party under City Secretary Contract No. 46707. Agreement I. Grant of Permanent Rights For the consideration in hand paid by TRA to the City of Twelve thousand five-hundred seventy-nine dollars and twenty cents ($12,579.20), the City shall grant TRA the permanent rights described in Exhibit C by the execution of that instrument. II. Term of Temporary Rights a. License Period. The term of the access to and use of the area described in Exhibit D shall consist of one (1) license period of two hundred fifty (250) consecutive calendar days, commencing no later than April 15,2019. TRA must notify the Director of the City's Parks and Community Services Department or that person's designee ("Director") at least five (5) business days prior to the date on which the License Period will commence. The license period shall end at 11:59 p.m. on the 250th calendar day following the day of commencement ("License Period"). If TRA's use of the Licensed Premises does not commence on or before April 15,2019, TRA shall immediately begin to restore the surface of trie Licensed Premises in accordance with this Agreement. NOthing hereln sha11 reduce or alter TRA's obligations to restore the property described in City Secretary Contract No. 46707. b. Extension of License Period. If TRA fails to complete all obligations hereunder in accordance with this Agreement on or before the expiration of the License Period, including,but not limited to,restoration as specified herein,then TRA agrees to extend the License Period on a month-to-month basis until TRA has completed all obligations pursuant to this Agreement. If an extension occurs, then TRA shall pay or cause the City to be paid rent in the amount of one dollar and fifty cents per square foot per month for the entirety of the Licensed Premises(as hereinafter defined)under this Agreement,which will be due and payable on or before the first (lst) day of each extended License Period. Such rent shall be paid to the City without demand and without offset. The extension of the License Period shall occur and renew automatically each month until TRA receives notice from the City that all of its obligations under the Agreement have been completed. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. C. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period or applicable extension period, except as is authorized by any easements or permanent rights held by TRA. TRA's rights in and to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely Interlocal Agreement for Chadwick Farms Park 2 of 51 terminate and be of no further force and effect at the conclusion of the License Period or applicable extension period, except as is authorized by any easements held by TRA. After the License Period or applicable extension period ends, all rights of TRA in and to the Licensed Premises shall,automatically and without the need for any further documentation, fully and unconditionally terminate,whereupon TRA shall have no right of entry or use of the Licensed Premises whatsoever except as is authorized by any easements held by TRA. III. Licensed Premises a. Subject to the tenns and conditions set forth in this Agreement and the City Charter and ordinances, for and in consideration of the monetary payments to be made hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to TRA during the License Period the use of the following portions of the Park for the purposes stated herein: l. A portion of the Park,the description, location, and boundaries of which are depicted in Exhibit D, which is attached hereto and incorporated herein for all purposes as though it were set forth at length ("Licensed Premises"), for use as temporary access and workspace for purposes of constructing a sanitary sewer line beneath the Park and within the area described in Exhibit C and for no other purpose. 2. The parties understand and acknowledge that TRA has an Easement that grants it the right of reasonable ingress and egress across the Park, where necessary, for the purposes of laying, constructing, inspecting, operating, maintaining, repairing, replacing, adding, changing, or removing its sanitary sewer pipelines (see Exhibit B). In the interest of efficiency and protection of the Park and its patrons,the parties hereby agree to the following with respect to ingress and egress concerning the Project: i. The Access and Workspace Area is referred to herein as the "Licensed Premises." ii, TR A and its contractors and subcontractors shall enter the Park and access and exit the Licensed Premises and the area described in Exhibit C via the access road on the neighboring "Lot 1, Block 1 Fairway Ranch Addition"tract, which is depicted in Exhibit C. If TRA desires ingress and egress access to any other portion of the Park not specified herein but which may be allowed pursuant to the terms of its Easement,then the parties agree to work together to come to a mutual agreement concerning the location of such access, recognizing the interest of TRA in exercising its rights under the Easement and the City in protecting its interest in the Park. If TRA utilizes ingress and egress access to any other portion of the Park which is not pursuant to this Agreement or to the terms of its Easement, then TRA shall pay or cause the City to be paid reasonable fees as determined by the Fair Market Value and square footage of the property utilized. iii. TRA agrees to contact the Director at least twenty(20)calendar days prior to accessing the Park for its construction activities within the Easement. Interlocal Agreement for Chadwick Farms Park 3 of 51 3. TRA's use the Park is strictly limited to the Licensed Premises, its existing permanent easement and the area as depicted in Exhibit C and TRA shall not have access to any other area of the Park. In the event any portion of the Park is occupied or used, either actively or passively, outside of the Licensed Premises,then TRA shall pay or cause the City to be paid monthly rent in the amount of one dollar and fifty cents per square foot for the entirety of the Licensed Premises. Such payment shall be made in full to the City for a minimum of one, full thirty day period. If TRA removes or damages trees through any such unauthorized use, TRA shall also pay to the City a tree mitigation fee, in accordance with Exhibit E. Upon notification by the City, TRA shall immediately cease such use or occupancy and immediately restore any such Park property in accordance with the applicable provisions set forth in this Agreement. IV. Consideration a. Contemporaneously with executing this Agreement, TRA shall deliver to the offices of the City's Parks and Community Services Department (the "Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a Fee of twelve thousand five hundred seventy-nine dollars and twenty cents ($12,579.20) as consideration for the approximately 0.31448 acres of easement area granted under this Agreement. b. Contemporaneously with executing this Agreement, TRA shall deliver to the offices of the City's Parks and Community Services Department (the "Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a License Fee of fifty-eight thousand two hundred and seventeen dollars ($58,217.00) for the use of approximately 58,211 7 square feet of parkland granted as a temporary workspace under this Agreement. c. Consideration for any additional use of the Licensed Premises beyond the initial 250 day license period will be in accordance with Section II. d. The proposed alignment will impact approximately 58 trees totaling 52.3 Cali_ner inches within the park. Mitigation fees in the amount of $83,200.00, has been assessed for the proposed tree removal impacts. TRA will pay to the City a mitigation fee of eighty-three thousand two hundred dollars ($83,200.00). All remaining trees will be protected with tree protection fencing. Any additional impacts shall be assessed under the CRZ notes as defined in Exhibit E. V. Acceptance of Licensed Premises TRA takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. TRA accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. TRA accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on,along, over, under, or across said property,and releases the City Interlocal Agreement for Chadwick Farms Park 4 of 51 from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. TRA's taking possession of the Licensed Premises shall be conclusive evidence that: (a)the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b)TRA waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to TRA, its agents, employees, contractors, subcontractors, invitees, licensees, or guests for any damage to any person or property due to the acts or omissions of TRA, its agents, employees,contractors, or subcontractors, unless such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. VI. Use Not Exclusive With respect to the Licensed Premises,this Agreement and all rights granted to TRA herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with IRA's use of the Licensed Premises as provided herein. This Agreement does not establish any priority for the use of the Park or the Licensed Premises by TRA or by any present or future licensees or other pen-nit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other pen-nit holders, as determined by the airy in the exercise of its powers, inc,u ing the police power and other powers reserved to and conferred on it by the State of Texas. VII. Limitations on Use a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 7:00 P.M.Monday through Friday_ For purposes of this provision,the term "construction," shall include (i)clearing, dredging, excavating, compacting, or grading of land; (ii) delivery or assembly of pipe, fittings, or similar materials; and (iii) operation of heavy equipment, including,but not limited to, a backhoe,backhoe loader,boom truck,bulldozer,compactor, crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel, roller, scraper, tractor, trencher, and tunnel boring machine. b. All TRA equipment and materials shall be placed and maintained solely within the confines of the Licensed Premises. Unless otherwise approved by the Director, TRA shall enter and leave the Park and access the Licensed Premises via the neighboring "Lot 1, Block 1 Fairway Ranch Addition"tract, which is depicted in Exhibit C. Cleveland-Gibbs Road shall not be used for ingress and egress purposes. TRA's use of the Licensed Premises hereunder shall be solely restricted to IRA's activities on the Licensed Premises and shall not include the use of the Park or the Licensed Premises to serve any activities, including, but not limited to, construction activities, occurring outside of the Licensed Premises. lnterlocal Agreement for Chadwick Farms Park 5 of 51 C. In accessing and using the Licensed Premises, TRA shall comply with all of its obligations and responsibilities under this Agreement and under any and all applicable, federal, state, or local law, rule, or ordinance. VIII. Public Safety a. TRA shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with TRA's use of the Licensed Premises and the Park. b. At a minimum, TRA shall: (i) install and maintain construction fencing in accordance with any preconstruction plans agreed to by the Director; and (ii) ensure that no equipment or materials are stored in the Park in a manner that is not secure. Following installation of the fencing, TRA shall contact the Director to inspect for proper installation. TRA shall ensure that all equipment and materials are stored on the Licensed Premises in an enclosed area that shall be kept locked when not in use, and TRA shall provide the Director with keys for all fence and entry locks. At no time shall any fenced area be left open unless staffed by security personnel. C. In addition, TRA shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. TRA shall also take all necessary precautions and shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of TRA; (b) all work performed on or from the Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody, or control of TRA, or TRA's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. TX. Protection. of the Fnyirnyirnent a. TRA shall not handle or store any Hazardous Materials on the Licensed Premises or the Park, except that TRA may, in compliance with applicable environmental laws, use and store Hazardous Materials in such amounts and types that are commonly used in connection with pipeline bursting operations, provided, however, that TRA specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. TRA shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any"treatment, storage or disposal facility"or"underground storage tank," as those teens are defined under applicable environmental laws. For purposes of this Agreement, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by TRA on the Licensed Premises shall be posted on site and a list shall be given to lnterlocal Agreement for Chadwick Farms Park 6 of 51 City. b. TRA shall not create or aggravate any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. X. Documenting Condition of Licensed Premises TRA must provide the Department with videographic documentation of the condition of the Licensed Premises as they exist both before and after the uses pennitted herein. All such video must include a visible date and time stamp indicating when the videography occurred. TRA must submit documentation of the pre-installation condition prior to commencing any work on the Licensed Premises. Post-installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Department staff will distribute copies of the documentation to all appropriate City personnel to detennine whether any damage has been done to the Licensed Premises. XI. Minirnizin2 Impact on Vegetation a. TRA is authorized to remove trees from the Park as represented and set forth in Exhibit E and shall pay to the City a tree mitigation fee of Eighty-three thousand two hundred dollars US. ($83,200.001 due and payable to the Department prior to commencing any use of the Licensed Premises under this Agreement. TRA shall not cut, remove or damage any other trees on the Licensed Premises except as agreed to otherwise by the parties. b. Prior to beginning any construction, TRA shalt install perimeter construction fencing in accordance with any preconstruction plans agreed to by the Director. In addition, to minimize damage during construction, TRA shall install chain link fencing on the outside drip line of trees and other vegetation specifically identified by the Director at a pre-construction meeting and as outlined in accordance with Exhibit E,which is attached hereto and incorporated herein for all purposes. TRA shall notify the Director once the PrimetPr fencing and tree nrntection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least four (4) business days following the date on which notice is received to conduct its inspection. TRA may begin construction on or after the third (3rd) business day following the date on which it provided notice to the City unless the City contacts TRA and identifies specific issues that render the perimeter fencing or tree protection measures unacceptable. C. TRA shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. At no time shall any tree be damaged or removed except as allowed herein. If any other tree within the Park is damaged in connection with TRA's operations,TRA agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit R, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Agreement. Interlocal Agreement for Chadwick Farms Park 7 of 51 XII. Minimizing Impact on Utilities a. TRA acknowledges the existence of City-owned utilities in the Park and Licensed Premises (including, but not limited to, waterlines, sewer lines, and storm drains) and covenants and agrees to install protective matting over such utilities in accordance with any preconstruction plans agreed to by the Director, which agreement shall not unreasonably be withheld, and in compliance with specifications approved by the City's Water Department. Following installation of the matting, TRA shall contact the Water Department (John Lopez or other designated representative) for inspection and approval. b. TRA shall provide the Department with a copy of the matting specifications and the Water Department's inspection report within twenty-four (24) hours of receiving the report from the Water Department and prior to mobilization of pipeline construction equipment in the Park. TRA may begin construction after the date on which it provided the inspection report and specifications to the Department unless the Department contacts TRA and identifies specific issues that render the measures unacceptable. XIII. Restoration of Improvements To the extent any road,curb, gutter,irrigation system,utility line, barricade, fence, or other improvement is destroyed, removed, or altered in connection with TRA's activities under this Agreement, as determined in the sole reasonable discretion of the Director, TRA shall reconstruct and restore such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Agreement is fully executed, as evidenced by the pre-installation video required under Section X of this Agreement. Any restoration required under this section must be completed by TRA and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section II. XIV. Restoration of Surface of Licensed Premises To the extent any portion of the surface of the Park incl,,,ding both the Licensed Premises and Easement, is damaged or disturbed in connection with TRA's activities under this Agreement, as determined by the Director in his sole reasonable discretion, TRA shall restore the surface of the Licensed Premises by; (i) aerating the soil using a heave-action aerator with six-to-eight inch tines to address compaction caused during the use of the Licensed Premises; (ii) replanting and reseeding with Common Bermuda grass in accordance with the seeding specifications outlined in the attached Exhibit F; and (iii) watering the replanted and reseeded areas as needed until the replacement vegetation is reasonably established and has been approved and accepted by the Director. Prior to planting, TRA shall provide the Director with documentation certifying the type and quality of the materials to be planted. The Director may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit F or is otherwise unacceptable for one or more specific, clearly identified reasons. Any restoration required under this section must be completed by TRA in compliance with the specifications set forth in this section and the attached exhibits and inspected and approved by the Director, which approval shall not be unreasonably withheld, prior to the expiration of the License Period or the License Period will be extended per Section Il. Interlocal Agreement for Chadwick Farms Park 8 of 51 XV. Discretionary Limited Access to Care for and Establish Vegetation a. TRA may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIV ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Department at least one month prior to the expiration of the License Period or extended License Period. Replacement vegetation or seed must be in place at the time the request is made. b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the expiration of the License Period or extended License Period. During the Limited Access period, no TRA materials or equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation and temporary fencing used to protect areas being restored. TRA's use of the Licensed Premises under Limited Access in accordance with this Section shall not invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XVI. Liability, Indemnification. a. TRA agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by TRA, its agents, employees or representatives, including all damage or injury to standing or fallen timber,buildings,fences,equipment,and all other property,whether real or personal. TRA warrants against any slumping or settling as it relates to the work within the Park related to TRA's installation of the sewer line or the uses permitted herein and agrees to pay City for all damages related to such slumping, settling, or both. b. SUBJECT TO THE LIMITATIONS OF TEXAS LAW, TRA COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,HOLD HARMLESS,AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE ACTS OR OMISSIONS OF TRA, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,INVITEES,LICENSEES,VOLUNTEERS, OR PROGRAM PARTICIPANTS. TRA LIKEWISE COVENANTS AND AGREES TO,AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. HOWEVER, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXTEND TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND,IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH TRA AND THE CITY,RESPONSIBILITY AND LIABILITY,IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A Interlocal Agreement for Chadwick Farms Park 9 of 51 WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF TEXAS. C. TRA covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to TRA, its members, employees, agents, contractors,subcontractors, invitees,licensees,or trespassers that may be stolen,destroyed, or in any way damaged, and TRA hereby indemnifies and holds harmless City from any and all such claims. City does not guarantee police protection and will not be liable for any loss or damage sustained by TRA, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. d. TRA agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by TRA or IRA's agents, employees or representatives while on the Licensed Premises. e. All of the obligations set forth above are subject to the limitations of state law and subject to any defenses or immunities TRA may possess. XVII. INSURANCE a. Duty to Acquire and Maintain TRA shall cause its contractor to procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages of the types and amounts specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence, or location of the Park and the construction, installation, operation, maintenance, repair, reconstruction, or condition of the pipeline. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. TRA shall provide proof of all requirements stated herein to the City prior to beginning any work pursuant to this Agreement. b. Types and Amounts of Coverage Required 1. Commercial General Liability: i. $5,000,000.00 per occurrence, including coverage for the following: (i)Premises Liability; (ii)independent contractors; (iii)products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage 2. Property Damage Liability: i. $5,000,000.00 per occurrence 3. Umbrella Policy i. $5,000,000.00 Interlocal Agreement for Chadwick Farms Park 10 of 51 4. Environmental Impairment Liability (EIL) &/or Pollution Liability i. $5,000,000 per occurrence ii. $10,000,000 aggregate 5. Automobile Liability: i. $1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non-owned motor vehicles used in conjunction with the rights granted under this Agreement 6. Worker's Compensation: i. As required by law 7. Employer's Liability: i. $1,000,000.00 per accident c. Revisions to Required Coverage At the reasonable recommendation of the City's Risk Manager,the City may at any time revise insurance coverage requirements and limits required by this Agreement. TRA agrees that within thirty (30) days of receipt of written notice from the City, TRA will implement all such revisions requested by the City. Policies shall not have exclusions that nullify or alter the required lines of coverage, or decrease the limits of said coverages required by this Agreement, unless such endorsements are approved in writing by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage,including,but not limited to, cancellation, termination, non-renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City. d. Underwriters and Certificates TRA shall procure and maintain its insurance with underwriters who are authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within ten(10)business days following execution of this Agreement, TRA shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. In addition, TRA shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. e. Deductibles Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $1,000,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. Interlocal Agreement for Chadwick Farms Park 11 of 51 f. Waiver of Subrogation TRA shall require any of its contractors'worker's compensation policies to contain a waiver of subrogation endorsement in favor of the City. g. No Limitation of Liability The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect TRA's liability to the City or other persons as provided by this Agreement or law. XVIII.Prohibition Against Liens TRA shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed, TRA shall, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to do so. XIX. Notices All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail,postage prepaid,return receipt requested,at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To TRA: Director Manager Parks and Community Services Construction Management Services City of Fort Worth Trinity River Authority of Texas 4200 South Freeway, Ste 2200 5300 S. Collins Fort Worth, Texas 76115 Arlington, Texas 76018 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 1000 Throckmorton Dallas, Texas 75201 Fort Worth, Texas 76102 Interlocal Agreement for Chadwick Fauns Park 12 of 51 XX. Independent Contractor It is expressly understood and agreed that TRA shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. TRA shall have the exclusive control and the exclusive right to control all details and day- to-day operations and activities relative to operation of TRA and installation of the pipeline and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. TRA acknowledges that the doctrine of respondeat superior shall not apply as between the City and TRA, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Agreement shall be construed as the creation of a partnership or joint enterprise between the City and TRA. XXI. Prohibition Against Assignment TRA may not sell, assign, or otherwise transfer any of its rights or obligations under this Agreement without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXIL Compliance with haws and Regulations a. In operating under this Agreement, TRA agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances, charter provisions,and rules,regulations, and requirements of the City's Police,Fire,Code Compliance, Transportation and Public Works, and Health Departments. b. TRA will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Agreement in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Agreement. If the City calls the attention of TRA to any such violation on the part of said TRA or any person employed by or admitted to said Licensed Premises by TRA,TRA will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXIII.Taxes TRA acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Agreement. XXIV.Force Maieure; Homeland Security If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, lnterlocal Agreement for Chadwick Farms Park 13 of 51 commission,or agency of the United States or of any state;declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers,parks,or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. XXV. Ileadin2s The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. XXVI.Choice of Law; Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. XXVII. Governmental Powers It is understood and agreed that by execution of this Agreement, the City and TRA do not waive or surrender any of their respective governmental powers. XXVIIL Authorization By executing this Agreement, TRA's agent affirms that he or she is authorized by TRA to execute this Agreement and that all representations made herein with regard to TRA's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXIX.Entirety of Agreement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and TRA as to use of the Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties. By executing this Agreement, TRA agrees to and accepts the terms, conditions and provision contained herein. Interlocal Agreement for Chadwick Farms Park 14 of 51 IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 1 A day of 2019 in Fort Worth, Tarrant County, Texas. Trinity River Authori of T xas The City of Fort Worth By: By: � =s-..n evin Ward Fernando Costa General Manager Assistant City Manager Approved s to F d egality: Approved as to Form and Legality: By: By: t o rh S. Slobodin Matthew A. Mul5ay General Counsel Assistant City Attorney ATTE ATT ST: ` ��" By: Y1 �. H wa d S. bodin Mary ays�r Secretary, Board of Directors City Secretar, Contract Authorization -M&C: M&C L-16156; October 16, 2018 Form 1295: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee 'Rid4— P� Title Interlocal Agreement for Chadwick Farms Park 15 of 51 i I Exhibit A Parr � f r f r 't �;a4• m m ' "n In Interlocal Agreement for Chadwick Farms Park 16 of 51 Exhibit B Existing Easement DLJ4cq Denton Greek Regional Wastewater System Henrietta Creek Interceptor Project,Phase I Parcel#6 SUBSTITUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS § b 6 § KNOW ALL MEN BY THESE PRESENTS: i COUNTY OF-DALtAS § THAT CHADWICK HOLDINGS,LTD,a Texas limited partnership(GRANTOR),for and in cons.�deration or TEN AND N0,1100 DOLLARS(S10.C'0)and other good and ValLable Consideration,to GRANTOR in hand paid by the GRANTEE,TRINITY RIVER AUTHORITY OF TC�Z(AUTHORITY),a conseniation and reclamation.district created by and functioning under Chapter 518,Acts of the 54th Legislature of the State of Texas,Regular Session, V-955,as amended pursuant to Article XVI,Secollion 59 of the Texas Constitution,vith its principal office at 5300 South CoNns,Arlington,Tarrant County,Texas 76018,the receipt-of which by GRANTOR is hereby acknowledged,has granted and conveyed,and does by these presents grant and convey, unto AIJ—HORFY,it suo-cessom-and assigns,an easement and right-of-way to lay, constuct, inspec.,operate,maintain,repair,replace,charge,add a W or re 1ove cne or more san4ary sewer.-�Ipclines wah all ircidenta�equipment and appurtenances,�:ncludmg,but not limited to,aboveground manhole vents and pipeline junction boxes,and pipeline markershronumems,and the riereinafter diescriaed erosion control improvernen�-- (IMI'ROVEMENTS),(all items collectively hereinafter called FACIL'TiES),in,on,over,through, under and across that certain land situated in Dallas County,Texas, more particularly desQr bed :hereof;together tiiiith: ft,e right of-easoqable in Exhibit"A,attached hereto and made a paTther ingfess and eg,ess across GRANTOR'S remairting land,where necessary,to and from the above-descrioed tract,for the purposes of laying,constructirg,inspemj.)g,ope.aAing, ' maintaining,te:)alring.replacing,ad6ng,changing ands removing sziJd FACILITIES- There Is lnck;ded in this grant the right at any time in the future to lay, c4nstrtc!,inspect, iiii op"te,maintain,reparr,replacce,charge,add andlor remove one or more additional lines of pipe approx�rrlately paralel with the fi-si pipeline or pipeiiriezi wid by AUT,HCR��11 hereunder,so long as said future 11rie or lines are within the confines of the metes,and.bounds description Contained in Ext-ibr, For erosion,control purposes,the easement righ's granted and conveyed herein to the AUTHORITY shall also include the right at any time in the future to construct,lirispect.operate, maintains,repair,replace,change,add anchor remove ooncrete,rack hip rap or other forms of IMPROVEMENTS to protect ALJT HORfTYS existing and future-FACil-l-FIES located within 0- adjacent to creeks,gullies and other natural or man-made water drainage courses located w1thin the land area described in Exhibit"A", The need for and deslgri of any IMPROVEMENTS are solely within the AUTHORITY'S Control and at the AUTHORITY'S discretion. 7-1-.e IMPROVEMENTS shall be constructed within the high-fiyw boundaries of said water drainage courses. The AUTHOR,7Y,at its discretion,may grade and slope the banks or walls of the wsler drainage oourses to faci0tate the IMPROVEMENTS'desigin.and irbtegrity. The physical llrn4s of the IMPROVEMENTS shall be er-,trF--Jy conflned to the area describe',in Exhibit'A"- T OF'NOAL„ECJJK'ILED N :CLEW Interlocal Agreement for Chadwick Farms Park 17 of 51 • I in addition to the conveyance of new easernents as described herein,finis Instrument is also executed and delivered for Yr,e purpose of subsii"lung the terms and conditions and legal descriptions of Ihal portion of the Easement and Might-ofAlVay previously conveyed to AUTHORITY as recorded;; Volume M3,Page 117 of the Deed Recondis of Denton County, Tens,that is located within the bou,-danes of the property n-,Ya+'owned by GRANTOR I GRANTOR acknowledges that the constderabor paid by AUTHORITY is full and final payment for all rights conveyed hercln. GRANTOR,GRANTOR'S successors and assigns,may fully use and enjoy said premises encumbered by said easeimen',except that such use and enjoyment shall not hinder,confict or interfere wit`i the exercise of,AUTHORITY'S rights hereunder,and no building,structure or reservoir shall be constructed up<n,under or across the right-cf may and easeenen',herein granted,without AUTHOR1 T;YS,raritien consent,provdee fur°her,GRANTOR,GRANTORS -suc=ssors and assgrvs,-rri-.rr tntot,-dedlcate and imairimin acrrss said easement and right- of-way such roads alleys,parking lots, utiffty Ones and fences as tails'not interfore with f to use by AUTHORITY of sa:+d easement and righ'-of way for the purposes aforesaid. i AUTHOR[7Y may trim and cut down trees and shrubbery in connection with the oinstructicrr, i operation,repair,inspection,change,replacement,maintenance and removal of said FACILTIES described here=n,if necessary, I � i i AUTHORITY shall clean up and rencrve.all trash and debr_s repair and repiace fenoes and repair other damages caused by said construction- The easement rights and privileges herein granted shall be pe:rpotual,and said'rights shall constitute covenants runn ng with the land and shay be binding upon ar:d Snure to the benefit of GRANTOR and AUTHORtT'Y,respective y and their respective successors and assigns- AUTHORITY S rights hereunder may be assigned in whole or-n part to one or more assignees. TO HAVE AND TO HOLD the above-described easement and right-of-way and rights appurtenant thereto unto ALiTHOR1TY,its successors and assigns,un".il all of said FACILIT)ES are declared permanently abandoned by AUTHOR",In which,event said easement and right- of--way and rights appu:tenarrt thereto shall cease and terminate and nw,aQr*to GRANTOR, I GRANTOR'S successors and assigns_ i GRAN70R hereby binds GRANTOR and GRANTOR'S successes and assigns to VVARRANT { and FOREVER DEPEND sa;d easement and right-of-way and rights appurtenant thereto unto P AUTHORITY,its;successors and assigns,against every pens, �vtec*rrssoever lawfully clairrr4ng, I or to claim,tho same ter any part thereof. It is expressly understood that all rights,conveyances or covenants are herein wrhen,and no vernal agreements of any kind shall be,binding or rcco nlzed or in any way modlfv th's instrument of conveyance. I 4 i I � �Po�iNAIREfU t I-fLTi I _ 1A9RANT CCW M TEXkS. 2. b 3LZANN�MEND k MLINTY C_ERP (t I E Interlocal Agreement for Chadwick Farms Park 18 of 51 f I EXECUTED this day of Ltd C 2©U3. d CHADWICK HOLDINGS,LTD„ a Texas limaed partnership By; CHA DH€}LD PARTNERS,LLC,a Texas limited ilabil3tyr company,Its vole general partner MAR i I I i C Ft3 LIK,President ' R E. ICK O'CONHCR,Manager j I HARR i' iG,Manager � l I I I m I a I � THE STATE OF TEXAS � I COUNTY OF, BefoFe me.the undersigned authority,on this day pe*sonally appeared MARC FCCITLIK,President of CHADHOL®PARTNERS,LLC,a Texas limited liability rromaany,on B behalf ol'said limited Iiabfidy company,in its capacity'as sole general p�� nor of CHA ICK HOLDINGS,LTD.,a Texas limited partnership,known to me to be tt~e person wt ose name is i subscribed to the foregoing instrument and acknowledged to me that he executed the same for l the purposes and consideration therein expressed,in the capacity stated therein and as the act and creed of sa'd limited rartnorshlti. I siren under rT'iy"and and sea'of office of-,this 1-S day of : 2003. ^a _ t Lf e N o r`J Public„S4ate pf TexaP o bty ApPte •t;4§t Ot,�009 (Seal) i144 ANO uRET CPr=u FrlCtha RE DPCI FILE)IN,, SlIzAhWw€rtr.€A5mj ut0n'U-* 3 Interlocal Agreement for Chadwick Farms Park 19 of 51 i I THE STATE OFT EXAS COUNTY OF r Sefoce me,the unde^signed authorty,or,this day personally apreared RODERt K V. O'CONNCR,Manager ofCHADHOLD PARTNERS,1_LC,a Texas Nmited riabllity company,on behalf of said i1mited liability company,in its capacity as sole general partner of CHAR LICK HOLDINGS,LTD.,a Texas limited partnership,kncwn to me to be the person whose name is subscribed tc the foregoing instrument,and acknowledged to me that he executed the same for the pLvrposes and consideration therein expressed,in thy;capacity stated therein and as t'te act art deed of said limited partnership. Given under my hand and seal o cffice can ah;s day of I ` 2003. j STATE 4F TEYA — j .• Clot Pubiic.Slate of Te IATHLEEN CIZAJI -VLVt,A, ' feY f ..Up.+.ov,fit,2iAb (Seal; THE STATE.CIF TEXAS w COUNTY OFc`� Before me.the undersigned authority,on this day personal y appeared HARRY UTZIG, Manager of CHADHOLD PARTNERS,LLG,a Texas.limited IiaWity company.on behalf of said limted liabllty company,in its capacity as sate genrera=pannier of CHADWICK HOLDINGS, LTD.,a Texas fimited partnership,known to me to be the person whose name'.s suhscnbed to 9 the foreooinc Instrument,and acknowledged to me that he executed the Saran for the purposes and consideration therein expressed,in the capacity stated therein and as tlrc act and deed of said limited partners :ip, MMi Given under my band and seat of office on thus day If i 2003. ,+:a.�—• _ ''r.�=-- •r .—.a:.C'A'r.,r�— 't ir' ��Ut L..E-'�;--"`'" j l NOIARY PuatlC STATE Of TEXAB Nolan ublic,State of Texas I i (Se3i 1 j ZH�IwL �f; LrFI014 (*)Q_ SU tNNF 00ncawm WXY ct..nK 4 I 'r Interlocal Agreement for Chadwick Farms Park 20 of 51 PgD'25 in aESTZJrMj EXHIBIT'A' a tIEI rs 3375 ape vtct of &d Sr YJ,e h1af1xr S.r"y, dhstra-t EM aid °re 7, Kstw sLrvey,Wwact w 597, s`'L%ted in tre City of-opt Wwtl, Dentrr':Canty.T and bayn4 a ,,o tinr of thk tatt cre yad to Purr e aW Ra-t ma's Ltd. roc sd in '.k lu7c 7. pre 556 of the ceet pn tr^ds of Denton Ctnty, 7exass ID--DL11 aid bei"P vore Sar't.mila ly 5EGIKKIN6 at E C of ErQi m-MrEV fme"BJ_sa:d S'.LJte-� beIN the S5 ttmc$t Kolvr of a tract of lZind GQMTTvd to BY-O Nv':1,15un Sqe,,;iai TILSt tier deer) rear-jW UV-5 47dnty Ci f Fila Nixter 4CTNV 86-M- 07E e8 DOC',saiP DONAWIt e;W berry ctt the north 11-E C�`a teat of la`d ZO yeW to tr- LAitezl States of Arse-Xa Dy deed r-L-ardLIa ittder Daimse No. €75 of t ht LI 4'15tr'ct Cris`-and tine eBStWI'Y li:M of Said q0Y&E Lana F&t? Lt ,tract. TF d d i Ein2 tte mteMy ?ire of said P. rn Lairs Purr".LM *J'3rk at ti'"isg said OEt tre foLarinp a 3329' K E distance of 563.75 feet t,5 a 3 27 24'47' tL a 'oL&.eze of ii,TAl fib '-o a raGS7t S 32',A'?4'`9,a distance os 124i-7&fa_et to 2 roist S 65'°-'ate" H.a a^,m of 10762B feet to a pz-sRl- S Ci'43 M' K a=Un[a of 49i.16 to o � Fr,l ire U12 miAh 1}re of SIid FPMJ—.a Lard Ltd,trik-,t T S E2 vt`k, aicna t!re mth Ike of said Froarr-4e Lard Partre-e, Ltd, trek.a Otis` ^ of 301q2 feet to a piing T4Aa da„artim tits sCLV lire of sat Poamke ivv Prhe^s.Ltzl�trot asu trav Asia sff;: MI tYrE fal]A�irr� i N 63`43� °6,a di5tapne of 519,30 fast to a paint i td '36 E,a ci lame of Yl-i27 feat to a p:-Pt N 32 34 2A'E.a cv-slame of 2259,,!i fe-t to a tram,, i N 27'24'47' E a dissx of iL4.1A, feet to a point; 9 A9 a3 29'E a n stznsie of 942,4: fee: to a point in ;Po tes^ly' ZTre rf sai '�ba:SCke Lard Partner Ltd. tract am tre west lire of seta E3:. x Ne stn fpeG Fl Trot tract; DS,'M S M-ASI'w, aienr tM eastwly 1,ne of said Roanoke Lrd Partnem Ltd. f1 and 0e tit lire of said Bye 1 ia1 Tres:tract a d.s of 33.02 feet to tlit PCirk of Begiming and ajitalnlrxi i47A04 sgkrE fE- or 3.3 a acres of la t more or lass. I I 61 NOTE N, Setirirss ar'e MfErerrI4 to t^P %es' hne rf the Iza'oce Lm-f Pwtrs"6,Ltd.tract 'N dC i0 L eJ � E 4r R ,par �eu ra�dsd it Vah ne A 7, page 55b of tre DPeC aawrde of Cerrtoan eat nty,TeQ5 ;4 "' � Scde 1-NONE qq--rr Job No93 IP N �ryE uti I ( c i titi y 1.+ I t CMLENGM - M6-- - aix�Lsb� rooicrc;vae roumr8F1P [prof#ed T.J.tv1. 7 � keeerofefa�+tia ra Ctreeked: R.G.H. Interlocal Agreement for Chadwick Farms Park 21 of 51 BYRON NELSON SPECIAL TRVST C.C,F.Nb. 96-n076 68 D,R.D_C.T. 04 9,35" WL— I coax C'-MMHOLE - 3041, galo.00VT Moe,) EXISTING T.� A, PONTOF aINQ i aRePt INE SER' TRACT NO. F-612 A CAUSE 0 675 US MTRICT ART Li FILED a r ' I c � ec ROANOKE LSD PARTM, RS, LTD, �J E to ya p VOL. 4M7, PG. 566 mall r, b.R.6.C,T. , i gry ^D.Semcrz.Y gFWM EkIEWST .30' TRACT i*i�,r a1vt7�BJiH(EII"'��TExX.� t I 004 3375 ACRM So- ROANOKE LAND PARTNERS, LTD. i 1 VOL. 4367, PG. 566 1 EXISTING �II SEWER L I BEET: . �10 i ,u=VM t Vtjl ��397,P F of fear a an Cnmt exa ty. Ts D q 07 sly. t pale:OCT.,200i „atr vim.a ��33 �;-•� vl C NIi. F*X — Dr9f eds T.J.M. 17 R Interlocal Agreement for Chadwick Farms Park 22 of 5l i . i y G `Ex sr -M-E ¢1 i � II i i RUhNtE LAND PART*;, LTD_ VOL. 4367, PC. 566 j cs I,1 M J C.T. I{ c4yy��I I Ca! G ROA,40KE tioAND PAR`NERS, LTA, VCt. 4UT, n, 566 �i 1. II �-39'SeN77 ffi F556gff i' WL. �.r--17 30' TRACT { II 147,004 SO. T. 3—TM ACMES f li I ISM .' i � w 0 4TE I � Xe 9e'^3tt a-e referrad t0 t"-- Nest line a` ne fa',.'-ake Land Pe tq, 4t�t fN 001013`8Ft¢nf H par did rearded t7 volim 41q7,Page 555 of tPb QCeC Rocurds of O-ntm c ty.TevEr. GOODWIMS `1a&TJl Qt,tcCT 2009 3 ,Job No.^• y ,.. I -PtpllN ! Of MMpMVKM0MFut TewifF12 brattacsi T.J.M. 14,**CT7J Checkedi R.C.H Interlocal Agreement for Chadwick Farms Park 23 of 51 SIM � 1 3 rANOXE L&N.0 PARTNERS, LTC}. � RIOANC LAND PARTNERS, L°CD, VOL, A 7, ,PG, 566 II VOL, 4-W, PG. 566 yyy .. D.R.C+.C.T. Cy.R..CS.C.�T. � i MANHOLE SEVER LM i � � I e EXIUDZ 33- 3� seat air tetra 1 t arm btSttC9 9.7?"i' I:hs uj I rr 25°5.°.-VD, 5`.8 j j rn MATCH �E .' F I I f Sairirrp ffvrafere c to tt-e m5t tn�qf the rya L.Arn Pa'tM , Uri,�..t�r�a�ct�: N 60'96'L3` q C 'ti t"a" in'PCII C.�7,Page a$ to Dapi Frew of DEntc '�'a°a4I, TexW Scale) 1-109' SheDcteiOC _Zoo] A L 9 Job No.a 9933 pru at.�raaaa5- �v o Dr T`a#tea, J.M.j aF7A9 s86aQ ]h], WaRTWitiml2 I .~ e 017f (Checked R.D-H.i Interlocal Agreement for Chadwick Farms Park 24 of 51 MATCH 4Ts� � SAI:rT M SEWFq ehMP€xr I �5 ff t ifi>PY A-'EM hff"=w U G�4J 4L "pZ vvyy. 1 IlASIf-'. EXISTING e SEWER LPNIE-a-. 1 ROAkOKE LAND PARTNEM LTD. 1 D.R,D]C.T, r VOL, 436'7. PC.566 U3 I� '' z I ! 'f RACT 4�&74t�4 ��. FT. � 3` or IDI- -41 roe FPrtt '50'13`E � o 7,Ne 5M o S o o Curty r .,,t y,,E�C, ,,tits`` qV € � Sidle� 6'=1QC' Shaeh :r xw�R'�T u�h+Y`acCA�, }E j Date i OCT.,SM 5� Jh ha.; 3 �TVVM -M 2 £3rof9ed, `f J.M. ;7 tc(diT} Sheckadr F?.G.H.1 w Interlocal Agreement for Chadwick Farms Park 25 of 5l I ! — S W UKn—I I I M MR US CMAW i EXIS71NG T.R.A. MAKHDLE 'GRNn:MTT d?J7fDpz'Y fF Tim 'i 9L.Ma K. IV I 3ALZT. ROAN OKE LAND PARIVUZs, LTD, i yTRACT " 04 I ti 3 f try I bht4 a ar LTD.t a A-fk^ I � 'X� It �y J F 9 � r S A . I I "I WdTF- ,1 822 arm We ref-e-=x to tR ass: l r cf Ve ftoar6P Lana Pi-uws,.Ltd. t NN GG'lC'4— 4 Wed rez,,r+M1 it VZILM 4357, Page 566 of tM Ctetl P.-M"de of Delon C urtp. 7axin p �afei 1'rs6t�CD� "abe9@ GOOD3 �at61 CtGT. 2Q{DI j� >1 lHl 'Job No,I 9933GML 6 EN at ser.ewe m WR&YOW Drafted r 1 .JAI, ie+�}es r� CreckedF R.T .H. Interlocal Agreement for Chadwick Farms Park 26 of 51 EYJSTM T.R.A, & OLE 'I 46 prs `+-A r I I 30' _ I w � { 147 FT. fl '• e` a+ _ - —_ {YJtC BCE 1 ROAN LCJ PAR , L7D VOL. 4387, P 6& 5J.6f.D.C.�.� ,� �G i � �t�. NaOCK 4 FPOP D i ccr,i RC1AMD4tE LAXZ PA,RThZitS, Li 7i VOL. 4387, KC 566 (! SE1W R UFO co ®, ,0 ` j kifLL f'bGSDA w w1 as mnd wife c }C£_LtLY7fiRkGSDA4E tnc�a AEG-NVESTMENT, L,P, I �, t G.G.f.tu. 3?-R 63 i VOL. 424£, PG. 457 q r� D.R-D_C,T. * s � D.R,D.C.T. wok i � 4 0F, L Ks Ion ;!a n5s are refvtlerwl to tfB least lire Of ttv f p t.F e' Prtl'�- Lt". b N EYJ`10 2.EI a sN c�rPr tyr. Cie dm r -.Ed V%Vollm 4307„?age 5156 Of tre CfRd RKG C!S of CUlby, Canny iG- 00DW20 Date 10CT.,2001 17 €¢aiWdlhTaa� i4 DS9ft8d� T.J.1�, '7 'I7 � lnterlocal Agreement for Chadwick Fauns Park 27 of 51 r i.. i I I�. I! i i i 1 I li I. I� I RE%R W TO D,:3%62C7WELAM RICH75 Q'PI. 1R6K1 i'-Jk+Efi AL H4=:1-'?OF TEY„4S - `.FL NC,7 N,TX ?6OG4 Interlocal Agreement for Chadwick Farms Park 28 of 51 Denton County Cynthia Mitchell County Clerk Denton,TX 76202 Instrument Number. 2005-125432 As Recorded On: October 07,2008 Easement Parties. CHADMCK HOLDINGS INC Billable Pages: 15 To Number of Pages: 15 Comment: Examined and Charged as Follows: 72 DO Tow Recovdlrqr 72.00 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein"iCh reslVts the 54le.Rental or uae of The descrbed REAL PROPER71, because of color or race vs invald and uneftforceal*under federM law. File Information. Record and Return To: Document Number: 2005-125432 Receipt Number- 2.33223 STEWART TITLE Recorded,Date7ime October 07,2005 103:05P WILL CALL DENTON TX 76202 User i Station- J Robinson-Cash Station 2 THE STATE OF TEXAS) COUNTY OF DENTON) / galnt heron,Arad woe duty RECORDED tin tm,Offtial t's County Clerk Denton County,Texas Interlocal Agreement for Chadwick Farms Park 29 of 51 V"IXIT'a7 RIVE�- 'UT-IiORTTY OF TX po BOX 60 EYDN RONE F. y t-I 1 N G-TH15 15 PAPT OF Ttih 0FFlCj;tL RECORD—D 0 N 0 T D s Z X E D -- T A F R A N T C 0 U N T y T E X A 5 v z A N N E po E K D z P, s 0 1-v COUNTY CLERK 0 F F 7 C n -A, L R E C E I F T T 0- TR-INITY RIVEER )iUTHOIP'--TY OF rl'}, RE'CE I PT NO REGISTER RECD-BY PRINTED DATZ T ME 2 C-JA 9 4 4 2 9 DR91 PM 78/21/2CO3 I iNSTRUI;ENT 7EECID i tz,EEXE Dr -TME 20030821 13�58 17A T 0 T A L 00CMIENT5: F E E 5: 29.C'ID Y: Ajjy pROVISION WRICH RESTRICTS HE SAL--- RE1,TAL OR CSE OF THE CESCRIBS� F-ZAI- PROPERTY BECAUSE OF Cr)7�Cp, or. F..TtCIE: VNENFQRCSAELE UNDSR FFDE;lkL LAW, r'441 Interlocal Agreement for Chadwick Farms Park 30 of5l ,ter 4. tT{ DY 5 w AFTEST �.� ,2p_W SU EN ON Ca, ry 19* n x& BY lnterlocal Agreement for Chadwick Farms Park 31 of 51 Exhibit C Easement Interlocal Agreement for Chadwick Farms Park 32 of 51 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Denton Creek Regional Wastewater System 25HC-1 Relief Interceptor Project Parcel No. 1 TRINITY RIVER AUTHORITY OF TEXAS SANITARY SEWER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That the CITY OF FORT WORTH, GRANTOR herein, for and in consideration of TEN DOLLARS and other good and valuable consideration in hand paid by the TRINITY RIVER AUTHORITY OF TEXAS, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended pursuant to Article XVI, Section 59 of the Texas Constitution, with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby assign and convey to GRANTEE a permanent, perpetual, and non-exclusive sanitary sewer easement for the purpose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating sanitary sewer facilities, and all necessary appurtenances at GRANTEE'S sole cost and expense (collectively, "Facilities") including erosion control thereto, in, into, upon, over, across and under those lands in Denton County, Texas, described on Exhibit A ("Property"), attached hereto and made a part hereof, together with the right of ingress and egress as may be reasonably necessary for such purposes, but such rights of ingress and egress shall be limited as outlined in the paragraphs below. GRANTEE may not 1) replace the Facilities with uses other than a sanitary sewer line, 2) allow its Facilities to emit excessive odors or gases that would cause the Property to no longer be used for park purposes or restrict or hinder the use of the Property for park purposes except as necessary to carry out the rights granted to GRANTEE hereunder to install, construct, repair, maintain, alter, replace, relocate, rebuild, remove, and operate sanitary sewer facilities, or 3) alter the Facilities in such a way that changes the use of the surface from the original placement of surface Facilities without prior written approval from GRANTOR. GRANTEE'S surface use of the Property and the right of ingress and egress shall be coordinated with GRANTOR at all times. The Facilities' plans shall be presented to GRANTOR for review and approval before any construction or activities commence on the Property. Such review shall be done pursuant to GRANTOR'S responsibilities to protect public parklands under to Texas Wildlife Code Chapter 26 ("the Code"). If the Code ever ceases to exist, the requirement for park protection outlined in this paragraph shall remain until such time as the Property is no longer a park. GRANTOR'S review of plans shall include, but is not limited to, approval of 1) erosion control methodology, and 2) changes to the Property that may affect the retention pond. GRANTEE shall be required at all times to restore the surface of the Property and the route used for ingress and egress in such a manner that is the same or better than existed at the time GRANTEE performs work on the Property. No trees shall ever be trimmed or removed by GRANTEE without first notifying GRANTOR in writing and receiving GRANTOR'S permission to trim or remove such tress. GRANTOR reserves the right to inspect construction or activities on the Property at any time. GRANTOR'S review and approval required under this paragraph will be provided in a timely manner and will not unreasonably delay GRANTEE'S work within the Property. Subject to the foregoing paragraph, GRANTOR covenants and agrees that GRANTEE shall have at its sole cost and expense 1) the right to excavate and fill and to control the excavation and fill upon said Property and to remove from said Property any fences, buildings or other obstructions as may now be found upon said Property together with the right of ingress and egress over GRANTOR'S adjacent lands to or from public right-of-way for the purpose of constructing, improving, reconstructing, repairing, inspecting, maintaining and removing said Facilities; 2) the right to prevent possible interference with the operation of said Facilities and to remove possible hazards thereto; and 3) the right to prevent the construction within the Property of any building, utilities, structure or other obstruction, including the planting of trees, which may endanger or interfere with the efficiency, safety and convenient operation of said Facilities. Any activities performed on the Property by GRANTEE or its contractors or subcontractors shall at no time cause impounding of water on GRANTOR'S adjacent property. GRANTEE agrees that it will comply with all laws applicable to the Property and require its contractors and subcontractors to carry insurance at state required minimums. GRANTOR, for itself and on behalf of the public or any of GRANTOR'S successors and assigns, reserves the right to continue to use and enjoy the surface and subsurface of the Property for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment of the Property by GRANTEE for its Facilities. GRANTOR, as owner of the Property, and for the benefit of any subsequent grantees of Grantor, reserves the right to place, construct, operate, and repair sidewalks; trails; utilities, such as electrical, sewer, water, etc.; light poles, and related surface appurtenances on the Property and agrees that GRANTOR'S use of the Property for these purposes shall not unreasonably interfere with GRANTEE'S Facilities or the GRANTEE'S rights granted hereunder to install, construct, repair, maintain, alter, replace, relocate, rebuild, remove, and operate sanitary sewer facilities. Utility crossings of the type described in the preceding sentence shall cross any pipeline constructed by GRANTEE between a 45-degree and 90-degree angle, and maintain a minimum of 24-inches separation from any pipeline constructed by GRANTEE. For the avoidance of doubt, GRANTEE shall be responsible at its sole cost and expense to restore any of GRANTOR'S Improvements made on the PROPERTY in accordance with this section should GRANTEE'S use of the Property require damage to GRANTOR'S improvements. GRANTOR hereby reserves to GRANTOR, GRANTOR'S successors and assigns, all mineral interests, whether metallic or nonmetallic, whether similar or dissimilar, whether known or unknown, currently owned by GRANTOR in, on and under and that may be produced and saved from the Property or acreage pooled or unitized therewith, and the full and exclusive executive rights to execute leases in connection therewith. GRANTOR expressly waives all rights to use the surface of the Property for purposes of drilling or extracting mineral interests; provided, however, that nothing herein shall prohibit or in any manner restrict the right of GRANTOR to extract oil, gas or other minerals from and under the Property by directional drilling or other means that do not unreasonably interfere with or disturb the surface of the Property or GRANTEE'S use of the Property. This conveyance is made by GRANTOR and accepted by GRANTEE subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests 2 and royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the same may still be in force and effect, and either shown of record in the office of the County Clerk of the County in which any part of the Property is located, or that may be apparent on the Property. The permanent, perpetual, and non-exclusive easement herein granted shall run with the land and forever be a right in and to the land belonging to said GRANTOR, its successors and assigns. The permanent, perpetual, and non-exclusive easement granted herein is personal to GRANTEE and is for GRANTEE'S sole use and is not appurtenant to any other tract of land. Except for use by GRANTEE'S contractors or subcontractors, GRANTEE will not have the right to lease or otherwise permit the use of the Property by any other person or entity, nor assign any of the rights, privileges, duties or obligations of GRANTEE hereunder, without in all cases the prior written consent of GRANTOR. TO HAVE AND TO HOLD the above-described permanent, perpetual, and non-exclusive easement, with the right of ingress and egress as outlined, together with all and singular the rights and appurtenances thereto, anywise belonging unto the said GRANTEE, its successors and assigns forever, subject to existing matters of record; and GRANTOR does hereby bind itself, its successors and assigns, to warrant and to forever defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any part thereof, except as to the reservations from and exceptions to conveyance as described herein, by, through, or under GRANTOR, but not otherwise. WITNESS MY HAND this the day of 201y. CITY OF FORT WORTH By: Name Printed: Fernando Costa Title: Assistant City Manager Jessica Sangsvina, As.qitzfionf C;#yAttomey 3 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority on this day personally appeared Fernando Costa, Assistant City Manager, of the CITY OF FORT WORTH, a Texas municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I q day of 120 �y Notary Public in and for the State of Texas LINDA�� M.HIRRLINGER =' My Notary ID#124144746 F aF +w Expires February2 20 22 4 EXHIBIT"A" DENTON CREEK REGIONAL WASI" WATE'R 5Y5TFK4 2SHC-1 RELIEF INTTRCFPT0,R PROJECT PARCEL NO. I-PSSE PERMANENT SANITARY SEWER EASEMENT IN THE FRANKLIN HUSTON SURVEY,ABSTRACT NUMBER 597 IN THE CITY OF FORT WORTH,DENTON COUNTY,TEXA5 BEING a 0.3145 acre permanent sanitary seen easement Jtuated in the Franklin 1-lu-ston Survey,Abstract Numbei 597,and in the City of Fort Worth,Denton C-cminity,Texas,and oemg part of that 39,190 acre tract of land dedicated to the City of For,Worth as a public park and as Lot 1X, Block 27,Chadwick Farms Addjtkbta.in said City of Fart North,as shown on plat thereof recorded in Document Number 2W9-217 of the Offir-aal Records of DErtor County,Texas(O.R-D.C.T.),and being part of that tract of land described in General Warranty to The City of Fort Worth,Texas,as tecarded in Instrument Number D20930Q01 ofthe Official Records of Tarrant County,Texas iO.R,T.C-T.},and being more particularly dewribe-d as toilcDws: COMMENCING at the southeasterly ell comet of said City of Fort Worth park tract from which a 3-inch brass disk monument stamped"tj,S.,4PMY CORPS OF LNGINEERS I'VION4 F512-8'bears South 74 degrees 08 minutes 18 seconds East,a dioance of 1,31 feet,sand comer being the northwest cornier of that tract of land cipscribrol as Tract No.F-512 A in judgment to Uriitecl States of America,as filed in District Court of the United States torthp Fastern District otTex'as,SlierrnaR[jivisian,CjvR No,675; THENCE North 89 deffrees37 minutes 29 ser-,onds Vtlest,over and across said Cite of Fort Worth park tract, a distance of 424.00 feet to a 1/2-inch ir-r,rod set with yellow cap stirnped "GLD'for corner and the POINT OF BEGINNING of the herein deszribed trarr of land and havlrie a grid coordinate of N=7,054,591.70 feet,Er-2,348,251.55 feet,said iron hiding on a south line of a 30 toot wide Sanitary Sewer Lasernor.t as rc-ccrdv-d in Instrument Number D20.1310010,Q.-R-T.C-T.; THENCE Sooth 27 degrees 24 minutes 51 secorid,.West,departing said south easement line,a distance of 474,44 feet to a,1/2-inch Iron rod set with yeilow cap slarnped"GLD'on the vauth line of said City of Fort Worth park tract and the north line of Lot 2X,Block 27,of Chadwick Farms Addition,in the City of fort Worth,as shown on plat thereof recurdedin DOCUrnent Numbef 2011 50,U,R.D.C.T-said iron rod being in Elizabeth Creek; THEN CE No r!1,29- 11---a nute s t;­1 ce rnPd,�Vdp,.�t,with Said 4n i ith I ine arid;aid n5rrh firie,a distance of 35.93 feet to a 1/2-inch iron rod set with yellow cap stamped"GM'for the. 5mjthwest corner of the herein described tract of land,said corner being on an east line of the aforementioned 30 fo-ot:Sanitary� Sevier Easerrient and in f-lizabeth Creek; THENCE North 27 degrees 24 rniautes 51 ser-onds East,departing said sinuth fine and said north.,and with the east line of said 30 toot Sanitary Sewer Lascirrient,a distance of 438.E2 feet to a 1/2-inch iron rod-set with yellow cop stamped'GLD'for the northwest corner of the herein described tract of land,said iron rod being on air,,eil corner of said 30 foot Sanitary Sewer Easerrlert; 14 r2 9 1 01 el Interlocal Agreement for Chadwick Farms Park 33 of 51 EX141BIT"A" [DENTON CREEK REGJONAL W4STEW4TER SYSTEM 25H&I RELIEF I!NTERCEPTOR PROJECT PARCEL NO.1-PSSE PERMANENT SANITARY SEWER EASEMENT IN THE FRANKLIN HUSTON SURVEY,A8STRA(1 NUMBER—597 iN THE01Y OF�ORT WORTH,DENTON COUNTY,TEXAS THENCE North 8,13 degrees 33 minutes 33 seconds Last,with,the aforegnentioned south I of said n foot Sanitary Sewer Easement,a distance of 33,93 feet to POINT OF BEGINNING and CONTAINING 13,699 5quare teet oi,03,'45acres of land,more or less. NOTE:P,14 bearin17,5 a nGC00rd1r1'3Tes are referenced to the Texas Coordinate SVstern,NAD 83,North Central Zone J4202I, based c�r 1-talff Control Point No,94 i,N=7052379,4155, E=2352092,4677)for City of Fort Wurth Litsey Road Imprgvements FndTRA Henrietta Creek.,Interceptor Segment 25HC1,The surface scale factor for this project is ILOIY-158271131?jProjert Sra�e, factor Per Halff Assodatc5p, (floances and area shown are surface values in U-S-Sur ey Feet- SURVEYORS CERTIFICATE To ali parties interested in title to the prernises surUeyed, [do hereby certify that 1he above legai description was prepared,from public.records and from an actual ano accurate survey upor,the grounds and that same is true an-d corre-ct July 15.2015 Garcia Land Data,inc r7 By: Rene M.Salinas Registered Professional Land Surveyor Texas No. 6093 Interlocal Agreement for Chadwick Fanns Park 34 of 51 i5 Ek x.i �"T 30FT kh6 AF.'E � PLAT O EXHIBIT' ,,Aam N� �2 F_ rc 3�r, F FiS�L�T 7.lz_C6 T , 1 !'T f§ Uk$ 10 1 VAFZIA%,F, 'M T� `:'LAY#UHL LP4_J'e EWI � � "� T hEI_ M-°47 0 D . NSr M—R014112G .... _ AV ro-xx-'iU Y L&4E ? URVE B T NO, 5'97'\ s 4 N m s.7c M� I u r�Y cam tiA 4E['dO iGr �L C�G A LMTEO TATLS t 2o+l9-lC,59A7 k27 S rL ca�t�"A PA, I :T'RAZT F-5s2k- 4 'S 'f.¢s 1 f vat hYcrV:": F ARMS ADMTtOfl t` f £'L, ''S. f r`a ' t iD6wkErZ, i nRT.Z..1. ! FDL PE TRYs,TFr1 AFFA U &.� VV h rt CD 2 �. t; 30'ET.PERMANENT ',. �fGENO SANITARY SPAER K ''�, 'CM) CONTROLLING, MONLWENT .fit FF4ENT t" r- r•-r r t.-! c '4 rR iluwj "RON rift DDC.i MENis Fa ..ira :aF tT r. , {d + Ik F.L.C. PNp'; or `a&r �' .1yf: L IPrvei RRM WITH CAP d ARMS . ,o er# TAWED Lu ! '�� d_-'Ulf-._.� O q,I C T CjFFIC.AL RECCIRD.1 OF un avn� W -.AL f 4H L7m j, r / I Sy. a i-m sArt 53. W ih +` r.cb Z t42021 dAed'as HOW Con rc rn-1� Nn, 44 L-21 ZC92 467 r cr CMy n Feed worV' t[ Litse Ross:r"�o,ef en:t d TRA Ha�e'..4tin L *. 1 tom- Ar- '5 gq�3.rt. I 8 25HGL Tk e igre a'= haaen 9r,.r his P`=ec9 is id,R7 t52F'�d NEITF L XW1 EL: GS W G€HT4and 3!F`rtsh^ scake i xta FGntt1 Ase4e+ics7� dtai ae� a+id w— si°:vwi°. ae FUt>wHR r i,1t&.LY z41'4LG 0"�Fk-iwIEE. f L:F E sr v " �urrrx c4.zs� �'. �svte FamL �.n�-,lT i TRINITY� RIVER AUTHORRY OF TEXAS 'I 53QKj SOUTH O LIN O. BOX 60 ARLW TCN TEXAS '6004 e T •.€ F .J '')��!VCYV CHEEK �i'EC10,Nk IkA5 tT WA ER PAPC_P NO, I-P SE PERMANEW `-,WiIARY TWrj: ITIA-rFEYNT 6��"� f - — — — ENE M s4t IN"hs rfNEN IT' OF FOP; V4.DRTH ..... RVEY FRANKLIN HUSTON SURVEY, , S�TRAA T hl,) �- v� LI ATIC1? ;_IT f 1W FORT �t15�t4d P-..Illt3" � I1tJT TEY:, —. — ._ i!E.. E EMENT sr" Iq�IT11N ACREAGE, 5 4E1 JH i A:RF; WH?L'-- PROPERTY ALPF s_ a.1_C AC. rs__LY� v JOB t:?. 3�& us kfH Qr� L'� �i rLC eaA# €�i SALINAf � .__ .-..- V' .. - ._._ Htr'.sYF 4r"L FirjFt h?+« Lp4+ad7 Uh tt'TrR DATE, AFRL C7, '2COG �c wx T UF .3 SCALL` r },p' TENk, FAD hi du � T 1 �S.4 .— _� id1 pp,,� { I �H W�. ( ��_, :v:. .ia i ��.: o•rr.xr, Interloeal Agreement for Chadwick Farms Park 35 of 51 Exhibit D Access and Workspace Area 00 l / 3 Z5 n f �•`; � �� � _ /r .,,dry/ co�CV;,ma bm5 m A N\ i —�------____� o a �Lq u\\� X LO E I <> z i 7 SiA m Ir'�'9'rZ t rf *Q- mi s inn $ -n zi lnterlocal Agreement for Chadwick Farms Park 36 of 51 I is g a. F g 4 i S a C C p g {S yrie G •Q p a p rn R Z�Ot.pa�x R. R i- 4 i a z •� pc F= :� h' y3 2 m f L Ems A n mom m = n �_ i�• p ��F�+� Interlocal Agreement for Chadwick Farms Park 37 of 51 t i rr � I x ` Np ti}t P-Q f 4,* 4� TMM� I►' A 2 2 x � s rn x i R rr�� c x i $ Interlocal Agreement for Chadwick Farms Park 38 of 51 Exhibit E Fn � o �y k Z rn 0-4 a` n y r: O d 7 o o 0-0 = f > ry r r o z y O O O Interlocal Agreement for Chadwick Farms Park 39 of 51 � v ) ] $ g ° \ / IF I I . . z ! 7 - � yy �« r � ...................... \ 7 � � � K � � & § m d a ' \ F6 Ito 2 $ � � . »l+aal Agreement for Chadwick Farms Park 40«« Exhibit E DAMAGE TO CITE'TREES NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the TRA. Failure to replace damaged trees shall be considered a breach of contract and TRA shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.1. TRA will check trees in the Licensed Premises before contract work begins, any damage will be noted and reported to the Director. 1.2. The Director may conduct random checks of the trees during the License Period. 1.3. A check of all trees may be made at the end of the License Period. The City Forester, Director, and TRA will attend the inspection. 1.4. Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 1.5. TRA may have the option of replacement or payment for severely damaged trees at a location to be designated by PACS. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30" diameter at breast height (DBH) and 2"per inch on trees 30" DBH or greater. TRA shall be responsible for any planting, watering,mulching and maintenance of replacement trees for a period of not less than 2 years. TRA shall compensate the City at a rate of$200 per caliper inch for any tree that does not survive the 2 year establishment period. 1.6. Slight Damage shall be defined as damage,in the opinion of the City Forester,that may heal. Examples include,but are not limited to, scaring of the trunk into the cambial layer ''/2"to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying down of protective tree fencing prior to the end of construction, storing equipment or supplies within the critical root zone(CRZ), or disposing of paint or concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of$100.00 for each instance.For each day that tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is stored within the CRZ, shall be considered one instance. 1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the poor health and reduced longevity of the tree, and examples include, but are not limited to, scaring of the trunk into the cambial layer greater than 2"but less than 1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damage shall also include compaction of soil, grading or filling in Interlocal Agreement for Chadwick Farms Park 41 of 51 20%of the CRZ on one of four sides but outside the 50%radius of the CRZ, or disposing of paint or concrete within 50%radius of the CRZ. Moderate damages shall be calculated at a rate of %2 the assessed value of the tree per each instance of damage. 1.8. Severe damage or removal of trees is subject to a penalty of$200 per diameter inch of trees removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30" DBH or greater. Severe damage or removal shall include,but is not limited to, scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include compaction of soil,grading or filling more than 20%of the CRZ, or within 50%radius of the CRZ or on more than one of 4 sides. Cutting 1/3) of the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4" or greater in diameter within 4' of the trunk shall also be considered severe damage. 1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6"in caliper shall be measured using DBH. Trees that must be removed due to damage caused by TRA shall be removed by the Department's Forestry Section Tree Removal Contractor at IRA's expense. 1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall result in a breach of contract and TRA will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to TRA. 1.11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the City, as property owner, and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. Interlocal Agreement for Chadwick Farms Park 42 of 51 Exhibit F SECTION 02930 - SEEDING PART1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Namic and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS Interlocal Agreement for Chadwick Farms Park 43 of 51 A. Planting Season: The season varies according to species (see Part 2 -Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS =purity x gennination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City,prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed(PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Ikon-native grass seed shall consist of- If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Purity Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Interlocal Agreement for Chadwick Farms Park 44 of 51 Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 821/o 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2 Native grass seed -The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden - Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelnzannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. Interlocal Agreement for Chadwick Farms Park 45 of 51 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or gennination inhibiting factors. 4. Mulch should contain no more than ten percent(10%)moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, l 6-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed,mulch, fertilizer and water may be mixed provided that: I. Mixture is uniformly suspended to fonn a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(30)minutes after placed in the equipment. PART 3—EXECUTION 3.01 SEEDED PREPARATION Interlocal Agreement for Chadwick Farms Park 46 of 51 A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling I. In all compacted areas till one inch(1")deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line" of trees. C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering/irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.13. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2")per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight(48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2 Harrow or rake lightly to cover seed_ 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (I") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling)the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer,may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch(1/4"- 3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting,the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING lnterlocal Agreement for Chadwick Farms Park 47 of 51 A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces -minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist,by daily water application, if necessary: 1. For approximately twenty-one(21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.13.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and/or sod application and establishment, protection,replanting as necessary, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2—2.01 —D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1 Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bennuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION lnterlocal Agreement for Chadwick Farms Park 48 of 51 SECTION 02930-TURF SODDING PART 1-CENER-kL 1.01 DESCRIPTION A. Work Included: This work includes all labor,materials and equipment for soil preparation,fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials f a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. FIora of North Central Texas by Shinners and Moller }' 1.03 SUBMITTALS Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other materials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY,STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Lair. 1.05 QUALITY CONTROL The DeveloperiContsactor who plants the sod is responsible for supervision of his crew, planting the sod and maintaining the sod until the project is accepted by the City. tt;ttr s�!1D;r;c a2y-10 Interlocal Agreement for Chadwick Farms Park 49 of 51 P ART 2—PRODUCTS 2.01 SOD A. The sod shall be BuchIoe dactyloides("Prairie"Buffalograss)and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weat her variables. Generally,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner"or"Perna Green Compost",as specified below or approved equal "hall he used. P,aw organics are not a b cptu�,1,,. A. For soil with an alkaline pH condition: Use"New Life Acid Gro°(acid pH)soil a-ouditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic pH condition: Use"Perma Green Compost"by Texas Earth Resources,Inc.of Dallas,or Life Natural Grower"(ph 9.0 to 9.0) ily Soil Building Svs.c;;ns,Inc.,of Dallas. C. Satmp;e and Spec ification Submil!al: S:Abnut a producer' peci;icution anal a quart rrr.pie of the amposst proposed;or the t_iiy':s apprws-I. l'!.ii`.F SOI)i)NG ;293(i Interlocal Agreement for Chadwick Farms Park 50 of 51 PART 3-EXECUTION 3.01 GENERAL All turtling operations are to be executed across the slope,parallel to finished grade contours. 3.02 SOIL PREPARATION" A. Scarify subgrade to a depth of three inches before depositing the required topsoil. so B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done 00 in a crossing pattern for double coverage,then followed by a disc harrow. Depth of we tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted 00 with sod. C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. 00 D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with one-half inch compost acid then shall be leveled,fine graded,and drug with a weighted spike harrow or float drag. The required result shall he the elimination of ruts, depressions,humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLA'JTLNG Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface,and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 1 FIR III IZI^G picuitin„turfgrass< eas snail receii-e an application of3-1-21.ertilizer at ihe rate of 45 pounds of nitrogen per acre. ��%ater�.��ell after application to prircnt burning. END OF SECTIO`Y Interlocal Agreement for Chadwick Farms Park 51 of 51 Attachment B Trinity River Authority of Texas LA Northern Region Office 3828.642 CITY SECRETARY COrJTRACT Na.L aa q - August 19, 2019co Mr. Matt Murray 2'`�ye Wd Assistant City Attorney I City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 RE: Denton Creek Regional Wastewater System Henrietta Creek Interceptor, 25 HC-1 First Amendment to Interlocal Agreement with City of Fort Worth (City Secretary Contract No. 51959) Dear Mr. Murray: The Authority executed an Interlocal Agreement (Agreement) with the City of Fort Worth (City) on October 24, 2018, for the above referenced project. The Agreement provides the Authority with permanent and temporary easement rights to construct the 25HC-1 Interceptor and to conduct tree mitigation within Chadwick Farms Park. Terms of the Agreement included a date of commencement no later than April 15, 2019, as summarized below. a. License Period. The term of the access to and use of the area described in Exhibit D shall consist of one (1) license period of two hundred fifty (250) consecutive calendar days, commencing no later than April 15, 2019. TRA must notify the Director of the City's Parks and Community Services Department or that person's designee ("Director) at least five(5)business days prior to the date on which the License Period will commence. The license period shall end at 11:59 p.m. on the 250th calendar day following the day of commencement("License Period'). If TRA's use of the Licensed Premises does not commence on or before April 15, 2019, TRA shall immediately begin to restore the surface of the area previously licensed by the City to TRA through City Secretary Contract No. 46707 which was executed on May 28, 2015. Such restoration shall be in full compliance with the terms of City Secretary Contract No. 46707 and shall include all Park property included in both City Secretary Contract No. 46707 and this Agreement. The Authority requests the date of commencement be amended to no later than August 13, 2019, to coincide with the Authority's construction contract Notice to Proceed date. This First Amendment is for a revised commencement date only, and shall result in no increase to the OFTIUAL RECORD P.O. Box 240 CMI SECRETARY Arlington,Texas 76004-0240 (817)493-5100 1 VORTH, Tx Rec cled Pa er MR. MATT MURRAY August 19, 2019 3828.642 Page 2 value of the original Agreement. All other provisions of the Agreement not specifically amended hereby remain in full force and effect. If this First Amendment is acceptable, please indicate your acceptance and acknowledgment by signing below and returning an original executed copy to this office. Res ectfully submitted, Vgpital S, P.Ma , Improvement Program Planning Design and Construction Administration KAD/cea Attachment APPROVED: City of Fort Worth Trinity River Authority of Texas Fernando Costa bate . K vin Ward Date Assistant City Manager General Manaaer Approved as to Form and Legality: Matt Murray Date and . Slobodin Date Assistant City Attorney I General Counsel ATTE T: 2 ar Kayser Date_ • °. z. general ward S. Slobodin Date City Secretary a .� Counsel OFFICIAL RECORD a CITY SECRETARY <t rr FT. WORTH,TX