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