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Home My WebLink AboutContract 279330 � �� , �I�'Y �E'�f��i'��'�-�j ` ��NiR�Ci N� . � �,�! �� '� iNi�RLOCAL ACRE�14�EfVi B�TTl�V��N TkE ' -�� — � `� . Clilr O� F�RT 1�VORib �hlD ibE C{ilf OF BEN€�ROOK s�� o� i��s � § MIOi�T D�L I�S I A�'�� `f�iV�l�h! �Oh�D COUNiY �� A�RA►N� § This Agreemer�t is entered inta this � day �f y�,� , 2002, between the City of Benbrook, acting by and through Cary �nklin, it� duly authorized City Manager, hereinafker referred to as Benbrook, and the City of Fort Worth, actir�g by and throug� Bridgette Garrett, its duly authori�ed In#erim Assistant City Manager, hereinafter referred to as Fort Worth, �both of Tarrant County, State of Texas. lNli��A�, tF�is Agreement is made under the authority ofi Sections 791.001 - 791.029, Texas Government Code; and I�VHEFi�i4�, each governing body, in performing governmental functior�s or in pa�ying for the performance of governmentaf functions hereunder, shall make that performance or those payments from current re�enue� legally availabl� to that party; and 1�IIIH�R�AS, eac� governing body finds that the perFormance af this Agreement is ir� the cammon interest of both parti.es, that the undertai�ing will benefit the public and that the di�ision of costs #a�rly compensa#�es the performing party for �he services or functions under this agreement; and WFi��,�, each governing body agr�es #o share in the cost of #he services as stated below. N�F.� ii��R��Rf�, Benbrook and Fort Worth agree as #ollows: 9. Con�ingencies. This Agreement is con#ingent upon the #ollowing: {�) City View Partners dedi�ating a 2.5 acre drainage easement to •Fort Worth at or near ihe intersection of Overton Ridge $oul�evard and Eastbound lH-20 frontage road, wi�hin #he corporate �imits of Fort W�orth, fo� the purpose o# eonstfuc#ing and maintaining a drainage d�tention pnnd �� + ►��:_-�� '��r`. :.u�F � 41''�� ' � _ ' . . I ` I I'�' • Y and associated facilities (her�eafter referred to as the "Pond"), together with additional temporary canstruction easements necessary for #he construction of the Pond, ali at no cost to Fort Worth or Benbroo�t, aH as more particularly sh�wn on Exhibit "A" attached hereta and incorporated herein far all purposes; (b) the Mont Del Estates Homeowners Association {"Associa�ion") ent�ring into an Agreement with the City of Benbrook wher2in it cont�ibu#es $50,OQ0 to B�nbroo#� for the design and canstruction of the Pond; and (c} #he Association and William J. Hassell, Flora Hass�ll, Donnell Wheat, Diane Wheat, T. A. Tuckcer, Linda Tucker, Robert A. ICatz, J�dith Katz, Griffin Rambo, Charmaine Rambo, Donald Blaom, Jahn D. Baskette, and Connie Dollar Baskette exeeuting the MONT DEL ESTATES RELEASE in the form attached hereto as Exhibit "B". 2. De�ign of �he �ond. Benbrook shall be responsible for the d�sign of the Pond with a capacify of approximately 26 acre-feet and a discharge during the100-year storm event of approximately 16a cubic feet per second. �. Construcfiion. Fort Wor�h shal� be responsible fior the competitive bidding of and award of the construction contract to accomplish the purposes of this Agreement, as well as the inspection and constructian of the Pand. Fort WoriF� shali also b� �'espo�nsible fo� maintenance and operation of the Pond and related systems after construction has been completed. i�o award of a construction contraet s�all be made until Fo�# Worth recsives all funds that Benbrook is required to pay #o Fort Worth hereur�der. 4. Cost. It is anticipated that the cost of the Pond {including �design) will not exceed $650,�00. If the bids recei�ed by Fort Worth for construction of the Pond exceed $ 6�0,000, the pariies shall �either abandon this agreement or agree by supplemen# to the higher �onstruction �cost. In the event of abandonment, this Agreement shall t�erminate an�i Fort Worth shall vacate and abandon the 2.5 acres #o b� dedicated �pursuant to Paragrapt� ��(a). BENBRODK FOitT WORTH 1N'fERLOCAF. AGREEMENT MONT DEL DE'FSNTION PONb Page 2 of & r � �. Sharing of cost. The cost of the design a�d construction of the Pflnd, together with inspectian ant� other related costs, sha11 be shar�d as fol lows: a} The Association shall be responsible for $50,000 of the cost. Benbrook shall callect this amount and apply it to the cost of the design of the Pond. Any partion of this amount remain+ng after payment of the design cost shall be delivered to Fort Worth fnr use �n t�e construction ofi the Pond. b} Ths remainder of the cost shall be paid as follows: 1) Fort Worth shall be respo�sible for 50% of the remainder of ths cost of the Pond (up to $350,Q0} nat to exceed $175,000; and 2� Benbrook shall be responsible for 50°fo of the remainder of the cost nf the Pond {up to $�5D,ODQ), plus 100°10 of any appravEd cost in excess of $3a�,aoo. 6. �ayment. After receiving bids for the construction of the Pand, Fort Worth shall notify Benbrook in writing with a recammendation fo� award of the contract. Benbrook shall remit its share of #he cost as s#a#ed in paragraph 5 above within 30 days after receiving notificat�on. No award of contract by F'or� Worth shall be made untEl Benbrook pays its share of the cos# to Fort Worth. 7. �fFecf of �greemenfi. (a} Nothing in the performance of this Agreement shall impose any liability for claims against either Fort Worth or Benbrook other than �claims for which the Texas Tort Claims Act may impose liability. (b) The parties to this Agreement do not intend for any third par#y �o obtain a right by �irtue flf thEs Agreemen#. tc) By entering into this Agreement, the partie5 do not intend to c�eate obligations express or implied other than those stated in the Agraement; further, this Agreement shall not create any righ#s in any pa�ky r�at a signatory to the Agreement. BE3dBROOK FAR7 WORTH IAi'i'ERLOCAL AGREESvIENT MO�+TT BHL �ETSNTI03Q PiDND Page 3 of 4 r r �� This Agreement shaff become effective immediately upon the executian by #he authorized official from each en#ity. , �, �� , �X�CUTFD this �� day of � :� .,, , ; ATTEST: � .1r , � �b. � � � C.it � Se retary , 2002. ClTY Of BENBF�OOK By: �i�a�y� -l� L�' � Cary�Goni�lin Gity Mlanager Ap ved as to Far and egai' y: City Attorney ATTEST: .r �t ,d7��/l _�" �Ci ecretary Appro�ed as to Form and Legality: . __ , _ _ a �_ �,�,�.. �. Assistani City Attorney �� 1� G�n�.r��. Au�horiza�ion � � i i `'� � (i c,�, „ _�.,._ � -- Date BENBItQOK �'ORT WORTH INTERI,OCAL AGREEMENT MONT DEL DE"I'ENTION POND P�ge 4 of 4 CITY F F� T WO By: �E � . As�stant C t��nage , :k J� � � ��,��, i �{ � h f4L �p� ��`� �� t � � �� ,�� I, I ' '! 08/22/2402 12:D7 �A� 817 232 9784 �ALFF �S50CIATEB �J001 10' SOLiTHWE5�ERN eEL�- 7EL�PH�NE EASEMENF VOL. 6576, PG. 67� Ih1��STATE bI��WAY N0.2Q cva�iaa�� r�arH a.o.w.f VOL. 5074, PG. T6 �ARC�� 43 20' SANITkRY 5E4V�R &-� ELECTR�CAL EASEhAENT VOL, 368-193, PG. 51 464.82' S D6'31'3S' E ____ S B9'it'53` E�, 5 00'q7`q3' 1Y 33.26' ; ±-------=--��.__ ""` --� T00.41' f ---�------__._. � j` 5 330I40�E .` _ � _ ._ _ ..,� � � � � I� � 5 e9'1Y55' E 576.4U' . �� I �-7�i�/,�L^�� r �en�v� o� CETYVIEW PARiNERS, L..P. VDL. 11369� PG. 1437 �� 7RACT 20 � N 89'12'19' W � 5U0.52' � l�07E: AL� IR� ARE WITH CAP . ", . AREA :. � QR�aiwa�� , - EAS�M�1�7 . : Z.464 �ACRES N B9'11'55' Y� 273.85' N E5'i6'07+ yy 937 � ! � �� r� �EED CALLS '41 �; CITYVlEW PAR7NER5. L.P. � � T1 S 13'54`35' W 103.�3' VOL. 11369, PG, 1437 r! � T2 S 15'57'00' W 135.01' TRACT i9 f j CU�tVE i j �D. e R T L CH8 CHD �, l C1 49'3q'44" 70.00` 32.33' 6a.57' S21'56'37'E 58.70' I� C2 11'00'32' 910.37' 87.73' 174.92' SOB'29'03°{y i74.6S" 1 j C3 02'00'14' 144q,08' �5.25' S0.50' S14'58'45"W 50.50' j� �! f` BA515 OF HEARINGs � � �INE 6Ei1�E�N A FOUNd IRON Rfl[? AT TH� NOR7HEAST CORN�R 0� CITYVIEW PARTNERS. L.P. TRACT, (TRACT 20 AS RECOROE� IN VOLUME 11364, PAGE 1437, �EED R�CORDS, TARRANT CDU�17Y, TEXAS) AIVD A FOl1ND IRON ROD AT THE EN� 0� CUFtVE C3 (5AI4 IRO�E ROp BY DEED BEWG N15'5T'QO"W 135,01 �'EET FROM TIl� SfIUTHEAS r-��,�;� ^s�nAOY �1 ��aRkN�&--B�S�AtJOC �CTIYCCII IRQN R005 = SOS'20'15'W 3T9.07' EXH[BIT °A' DRA�NAGE EASEM�NT aoross � TRACT fn the � JAMES R4GER SIJRVEY � ABSTRACT N0,1264 TARRANl' COUi�TY. TEXAS In the CfTY OF FQRT 440R1"H DRAINACE EASEMEh�T ^ AVO: 200@2 SCALE: 1' = 200' PARC�L DE-1 DATE; APEtIL 200Z ES�ETEK}iB�DGN � �xxzazT ��A�� POiNi OF � COM�IENCEMENT� � POINT QF � ��IRF ��GINIVkNG A = 23'16'16' R = 55.00' F = 11.J3' L = 2Z.34' - CHB = 509'29'57'S j 3/e' IRF CHD = 22.19' � �cz b = �a•�ss�ss� �R = 895.37' j 7 = 96.12' L = 171.72' �' IRF CHB = SOS'29'42'4V ! � CHO = 171.45' ��T' s �3•sa��5� w f �oa.aa' f i/s/e' IRF ( � = 2'06'22' Y F! _ ,429.�9� T = 26.68' C3 L = 53.36' L CM ' C� = 514'54'42"N � '/e' IRF CHd = 53.36' L` 5 15'ST'00' W `TZ 3.75'. LE5' SAF�TARY SEWER EASEMEN7 VDL. 388-193. PG, 61 ' � � � ��;4 � o� �� N� � `" �; � } � O N � � � a ioa zao �� _ SCAI�E IN FEET � �,.r�� '�� HalffAssaciates �.�.,��,,�.s,.� MONT DEL ESTATES RELEA�E This Release ("Release"} is made and entered into eifective as of ihe day of , 2002 {"Ef�ective Date") by the Mont Del Estates Homeownars Association ("Association"}, a Texas non-profit carporatian, and by the following individual hozneowners: Williazxx J. Hassell, Flora Hassell, Donnell Wheat, Diane Wheat, T.A. Tucker, Linda Tucker, Rabart A Katz, 7udith Katz, Griffin Rambo, Charmaine Rambo, Donald Bloorn, John D. Baskette, Connie Dolla�' Baslcette, and all, other individuals listed on the signature pages of this Release (each, a"Homeowner"), for the benefit af Cityview Partners, L.P., a Texas limited partnership ("CVP") and the City of Fort Worth, a Texas municipal corporation a� Tarxant and Denton Counti�s ("Fnrt Warth"), T�ae Association and the Horneovwmers are collectively called the "Releasing Parties." CVP and Fort rVorth are colle�tively called the "Released Parties," R�citals A. The Association and Fort Worth have found it to be mutually baneficial to participate with the City of Benbrook ("Benbrook"} in funding and constructing a storrnwater drainaga detention pond and associated facilities ("Pond"} covering approximately 2.5 acr�s a� lar�d owned by CVP and to be dedicated by CVP to Fort Worth at or near tha intersection of Overton Ridge Boulevard and the eastbaund II�-2Q frontage road in the Ciiy of Fort Worth, Tarrant County, Texas ("Easement Area"). B. The Homeowners are resi�ents of tbe Mont Del Estates Naighborhood and may or may not be members of the Association. According to the Releasing Parties, the Homeowners have experienced flooding from time to tirne in connection with storrnwater drainage. C. The Releasing Parties acknowledge (i} the significant expense in the design and conshuction o�'the Pond to be incurred by Fori Worth and Benbrook; (ii) ihe significant value of the Easexnent Area to be dedicated by CVP for the site of the Pond; and (iii} the benefit that th� Releasing Parties will der�v� frorn the e�istence of the Pond. D. The Releaszng Parties fiuther acknawledge that, hut far this Release, ihe Released Parties would noi participate in �his transaction. Moreover, the Released Parties acknowledg� that, but for the dedication by CVP of the Easement Area and the canst7-uction of th� Pond by Fort �arth, �he Releasing Parties would not execute this Release. Consequen�ly, the Releasing �'at'ties have agreed to execute this Release. Release NOW, THEREFORE, in cansideration of the Recitals sei forth above, of the dedication of the Easement Area by CVP, of' the construction of the Pond by Fort V�7orth, and other gaod and valuable consideration, the receipt and sufficiency o� which are hereby acl�nowledged, the Releasing Parties agree as fallaws: 1. The Association, on behalf' of itself and i�s members, a�iliates, subsidiaries, successors, representatives, agents, ernployees, afficers, ciirectors, and assigns, hereby aao6os a.noc Exhibit `B" 1 completely, irravocably, and unconditianally fiilly releases, waives, and forever discharges the Released Parties froin any and alI claims, con�roversies, demands, rights, disputes, actians, saits, cause or causes of aetian in law or equity, damages, lasses, costs, expenses, debts, liens, contracts, agreements, promis�s, and Iiabilities (collectively, "Association Claims"} of whatsaever kind or nature whether lcnown or unlrnown, direct or indirect, contingent or absalute, suspected ox uz��uspected, which the Association had, has, or may claim to have against the Released Parties directly or indirectly caused by, related ta, or arising in any way from (i) the cons�ruction, design, or location af the Pand; (ii) any property damage or loss in connection with stormwater drainage in, on, or aver the Mont Del Estates neighborhood or any individual residence thez'ein; and (iii) any personal injury, including d�ath, in eonnecfzon with stormwater drainage in, on, ar o�er the Mont Del Estates neighba�rhood or any individual residence therein. The Association, on behalf o� itself and its members, affiliaies, subsidiaries, successors, representativ�s, agents, employees, officers, directors, and assigns, agrees never to sue or atherwise look to any of th� Released Parties �or payment or saii�faction of such released Association Claitns. 2. Each Horneowner, on behalf of himself ar �erself and his or her h�irs, administrators, succe�sors, representatives, and assigx�s, hereby completely, irrevocably, and uneonditionally iully r�leases, wa.ives, an.d farever discharges the RelOased Parties frorn any and all claim�, controversie�, demands, rights, disputes, actions, suits, cause or causes of action in law or equity, damages, �05505, costs, expenses, debts, liens, contracts, agreements, prornises, and liabilities {coll�ctively, "Homeowner Claims"j of whatsoever kind or nature whether known or unknown, direct or indirect, contingani or absolute, suspected or uri.suspected, which the Homeowner had, has, or may clai�n to have against the Released Farties directly or indirectly caused by, related to, or arising in any way from (i} f,he construction, desigz�, or lacation of the Pond, (ii) any praperty damage or loss in connection with storrn�water drainage in, on, or over the Mont Del Estates neighborhood or any individual residence t.�erein; and (iii} any p�ersonal injury, including death, in connec�ion wiih stormwatez d�rainage in, an, or over the Mont Del Estates neighbarhood or any individual residence iherein. Each Homeowner, on behalf of himself or herself and his or her heirs, administrators, successors, representatives, and assigns, agrees never ta sue or otherwise look to the Released Parties for payment or satisfactioz� of such released Homeowner Claims. 3. This Release is binding upon, and inures to the benefit of, each party namcd in this Releas�, and their zespective heirs, successors, assigns, beneficiaries, and legal representatives. Tl�e Release is binding upan each s�gnatary ta it, regardless of whether the other Releasing Parties have ar have not signed it. 4. THIS RELEASE AND ALL OF ITS PROVTSIONS MUST BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW� OF THE STATE OF TEXA5. The language used in this Release is deemcd ta be the language chosen by the parties to �xpress their rnutual intent, and no rule of strict construction may be applied against any party, as a�l parties or iheir attorneys participaied in the preparation of this Release. S. Nothing contained in this Release is an ad�mission of liability or an admission that any claizn or defense asserted by any party is well-founded. asa6os a.noc Exhibit "B" 2 &. Each of the Releasing Parties represents and warrants to the Released Parties ihat this Release has been duly authoriz�d, executed, and delivered; that the persons exacuting tihi.s R�lease an bebalf of the Releasing Parties are their duly auihorized representatives; that this Release is a legal, valid, and binding obligation of the Releasing Parties; and thai the Release does not violate any agreement ta which the Releasing Parties are a paxty ar io wluch they are subj ect. Effective as of the Effective Date. 480605 4.DOC MONT DEL ESTILTES HOMEOWNERS ASSOCIATION, a Texas non-profit corpora�ion By: Nama: Ti�le: "HQMEOWNERS" Williarn J. Hassell FIora Hassell Donnell Wheat Dian� Wheat T.A. Tucker Linda Tucker Robert A. Katz Judith Katz Exhibit "B" 3 Griffin Rambo ChaYmai.ne Rambo Donald Bloam John D. Baskette Connie Dollar Baskette 480605_�.oqc Exhibit `B" City of �o�t Wo�th� T'exa� �la�o� �ri� ��nc�� r�i�a��n pAT� REF�RE�lCE NUMB�R I LOG NAM� 101171DD �F1 �30� 20DETENTION PAG� 1 af 2 suB�Ecz INTER�.00A� AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE GITY OF BENBR40K FOR CONSTRUCTION AMD MAINTENANCE OF A DETENTION POND RECOMMENL]ATION: It is recommended that the City Council authorize the City Manager to �xecut� an Interlacal Agre�ment with th� City af Benbraok for construction and maintenance of a detentian pand just wesi af O�ertan Ridge Baule�ard and snuth af I-20 at a total cost to the City nat to exceed $175,OOQ. DISCUSSlON: City staffi has been negatiating wiih the City of Benbrook to reach an agreement to provide drainage far the area by b�ilding a detentEon pond. The Interloca! Agreement is cantingent upon the follvwing: a) Ci#yV�ew Partners dedicating a 1,5 acre drainage easement to Fort Wortf� at a 1Qcation acceptable to the City for the construction of the detention po�d; and b) The Mant Del Homeown�rs Association (Association) contributing $50,000 #o be used for the projeci; and c) The Association releasing bo#h cities from any claim for property damage or persvnal injury in cannection with sta�mwater drainage in or over Mont Del Estates. The tetal cost of ihis project is es�imated to be $400,OOD, with $50,000 to be �ontributed by Mont Del Estates and the remaining $3�p,�00 share� equally by the cities af Fort Wor#h and Benbrook. The City of B�nbrook will en#er inta a contract with a design engineer and will manage the design for this prajec#, and the City of �ort Warth will competitively bid the contract and manage the cor�structian. After t�e bids are received, if the total cost of the project including design and cortsiruction is determined to exceed $400,000, the cities wiil either enter info an amendment of the I�terlocal Agreement or will abandon the project. The project is locat�d in COUNCiL DlSTRICT 3, Mapsca 88L.