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2011-122sAlegahour documentslordinances1111preserve landscape maintenance ordinance.doc ORDINANCE NO. 2011-122 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK HOMEOWNERS ASSOCIATION, INC., A TEXAS NON-PROFIT CORPORATION, REGARDING A 15.378 ACRE TRACT OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY AND COUNTY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on this date the City Council has approved the acceptance of a Deed from Forestar (USA) Real Estate Group Inc., a Delaware corporation, conveying a 15.378 acre tract of land to the City of Denton for park and recreation purposes (the "Park Tract"); and WHEREAS, The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non- profit corporation presently maintains, and has agreed to maintain, the Park Tract in accordance with the terms and provisions of the Landscape Maintenance Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Landscape Maintenance Agreement between the City of Denton and The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non-profit corporation, in the form as attached hereto and made a part hereof as Exhibit "A". SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the,-2 tu day of , 2011. ATTESTED: JENNIFER WALTERS, CITY SECRETAR' By: A& C&2 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: c:\users\blosey\appdata\local\microso8lwindows\temporary intemet files\content.outlook\s6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc LANDSCAPE MAINTENANCE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY,OF DENTON § THIS LANDSCAPE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into by and between the CITY OF DENTON, TEXAS, a home rule municipal corporation (hereinafter referred to as "City") and The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non-profit corporation, (hereinafter referred to as "HOA"), to be effective upon execution of this Agreement by the City Manager of the City or his duly authorized designee. WITNESSETH: WHEREAS, HOA desires to maintain the Landscape (as hereinafter defined) within public property located within the Preserve at Pecan Creek Residential Subdivisions, Additions to the City of Denton, Denton County, Texas, such public property being described in Exhibit A attached hereto and made a part hereof (hereinafter called the "Park Property"); and WHEREAS, City, under the terms and conditions set forth herein, is agreeable to HOA maintaining the Landscape in and upon the Park Property with the understanding that the Park Property is "Public Park Property" and must be accessible and available to the community for its enjoyment and leisure activities. The term "Landscape" means the grass, trees and shrubs existing within the Park Property as of the Effective Date (defined below). NOW, THEREFORE, for and in consideration of the covenants, obligations and undertakings to be performed by each of the parties to this Agreement, the said parties do hereby agree as follows: HOA shall maintain the Landscape within the Park Property as provided herein. 2. HOA shall maintain the Landscape within the Park Property to a minimum maintenance classification standard of Class "B" as designated in the attached Exhibit C, City of Denton Parks and Recreation Department, Park Classification Plan for turfgrass maintenance, tree/shrub maintenance, and park litter control. 3. HOA shall provide the City with a primary contact person knowledgeable about property maintenance or improvements, along with a phone number(s) where they can be reached at all LANDSCAPE MAINTENANCE AGREEMENT PAGE 1 #4748093 c:lusers\blosey\appdata\local\microsoft\windows\temporary internet files\content. outlookls6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc times. A secondary contact person, along with a phone number(s) where they can be reached at all times shall also be provided to the City. The City shall maintain a database with said information solely for the operational and emergency purposes of the City. HOA shall notify the City in writing of any changes in the contact persons or phone numbers. 4. An Insurance certificate conforming to the provisions contained in attached Exhibit "B", including the City of Denton as additional insured must be in effect for routine maintenance contractors for the Park Property during the term of this Agreement. 5. Forestar (USA) Real Estate Group Inc. ("Developer") the developer of the subdivision, has already installed the Landscape and paved trail within the Park Property. The City accepts the Landscape and paved trail within the Park Property in their condition existing as of the Effective Date. The HOA shall have no obligation to make any additional improvements to the Park Property, except as may be provided otherwise herein. 6. HOA, its representatives, successors or assigns, at its sole expense, shall furnish all labor, materials, equipment, accessories and services, necessary to maintain the Landscape in a reasonably healthy and growing condition, replacing any plant materials when and as it becomes damaged, unsightly or dead. The HOA shall have no obligation to provide irrigation. If the HOA does not maintain the Landscape pursuant to the maintenance standards in this Agreement, the City may furnish the labor, materials, equipment, accessories, and services necessary to maintain the Landscape in accordance with Paragraph 7 below. 7. The City may periodically inspect the Landscape under this Agreement to determine that HOA is properly maintaining such Landscape. If, upon such inspection,. City finds that HOA is not properly maintaining such Landscape, City shall notify HOA in writing, specifying the deficiencies. If HOA does not remedy such deficiencies within fifteen (15) days following receipt of such written notice, City shall have the option of performing the necessary maintenance work itself and/or terminating this Agreement forthwith. In the event the City exercises its option to perform the necessary maintenance work itself, the City shall invoice the HOA for all costs, materials, equipment and labor necessary to perform such necessary maintenance work. The HOA agrees to pay said invoices within thirty (30) days following receipt thereof and if the HOA does not pay the invoices in a timely manner as aforesaid, the LANDSCAPE MAINTENANCE AGREEMENT PAGE 2 #474§093 c:\users\blosey\appdata\local\microsoft\windows\temporary internet files\content.outlook\s6ov5z3T\preserve landscape maintenance agreement-fmahc approved.doc City may proceed with collection of same together with reasonable attorneys' fees incurred in connection therewith. 8. The Agreement may be terminated by either party with a six month written notice. If the HOA elects to terminate this Agreement, notice must be given no later than March 31 in the year of termination so the City can have ample time to incorporate the Landscape maintenance expenses into their annual budget process. Notwithstanding anything herein to the contrary, HOA's termination may not be made until after the fifth anniversary date of this Agreement without the written consent of the City. The terminating party shall notify the non-terminating party in writing of its desire to terminate this Agreement and end HOA's maintenance responsibilities for the Landscape within the Park Property. Unless and until this Agreement is terminated, the Park Property will be maintained by the HOA under the common maintenance area provisions of the HOA covenants, which are recorded in under Volume 428, Page 656, Volume 433, Page 30, Volume 4570, Page 2096; Volume 5112, Page 1616; Volume 5112, Page 1619; Instrument No. 2005-R0116252; Instrument No. 2005-R0116253; Instrument No. 2005-116257; Instrument No. 2006-R077114; Instrument No. 2007-124790; Instrument No. 2007-30858; Instrument No. 2004-51715 of the Real Property Records of Denton County, Texasand recorded in/under Cabinet W, Slide 848; Cabinet X, 'Slide 215 of the Plat Records of DENTON County, Texas. HOA, at its sole expense upon request of the City, shall furnish all labor, materials, equipment, accessories and services to remove and replace any damage or unwanted plant material to meet the City's standards set forth in. Exhibit C, and leave the areas in a condition acceptable to the City. 9. The City shall have the right to place signs on the Park Property indicating the Park Property as City of Denton Park areas. 10. The Developer and/or homebuilders may keep the advertising signs for the sale of homes which are located on the Park Property as of the Effective Date herein and any replacement advertising signs which are reasonably similar in size and content, so long as such signs are in conformity with the City of Denton Development Code including, without limitation, Chapter 15 thereof. Any additional signs must be approved in writing by the City of Denton Parks Department which approval shall not be unreasonably withheld, conditioned or delayed. All advertising signs must be removed by the Developer and/or homebuilders once the final build LANDSCAPE MAINTENANCE AGREEMENT PAGE 3 #4748093 c:\users\blosey\appdata\Local\microsoft\windows\temporary intemet files\content.outlook\s6ov5z3r\preserve landscape maintenance agreement-finalrc approved.doc out of the Preserve at Pecan Creek subdivision phases are" complete and the newly constructed homes are sold by homebuilders. 11. All notices required under the provisions of this Agreement must be in writing, hand-delivered or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses below: City: City of Denton, Texas Attention: Director of Parks and Recreation 321 E. McKinney Denton, TX 76201 Fax: (940) 349-8384 HOA: The Preserve. at Pecan Creek Homeowners Association c/o Forestar USA Real Estate Group Inc. Attention: Barbara Losey 14755 Preston Rd., Suite 710 Dallas, TX 75254 Fax: 972/702-8372 With copies to: City of Denton, Texas Attention: City Attorney 215 E. McKinney Denton, TX 76201 Fax: 940/382-8596 Mark V. Murray Glast, Phillips & Murray 14801 Quorum Drive Suite 500 Dallas, TX 75254 Fax: 972/419-8329 The name and address for notification may be changed by written notice to the other party. 12. HOA and its successors and permitted assigns, hereby covenants and agrees that no claim, loss, cause of action, suit or other action for damages resulting from death or personal injury to any of the above, or damage to personal property belonging to any of the above, and arising out of or related in any way to the installation and maintenance of the Landscape, and maintenance of the said Park Property by HOA will ever be instituted by HOA, or its successors or assigns against the City of Denton, its elected LANDSCAPE MAINTENANCE AGREEMENT PAGE 4 #4748093 c:\users\blosey\appdata\local\microsoft\windows\temporary internetfiles\content.outlook\s6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc officials, officers, agents or employees, and such claims, losses, causes of action, suits or other actions are hereby expressly released by the HOA, for itself, its successors and permitted assigns, and the HOA for itself, its successors and permitted assigns do hereby release the City of Denton, its elected officials, officers, agents and employees from and against same. The terms of this Section 12 shall survive termination of this Agreement. 13. HOA and its successors and permitted assigns, hereby covenant and agree to indemnify, hold harmless and defend the City of Denton, its elected officials, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims, losses, demands, suits, or causes of action (including court costs and attorneys' fees) of any nature whatsoever arising out of or related to the HOA's maintenance of the Landscape and/or occupation of the Park Property during the term of this Agreement, save and except for any losses due to the intentional torts of any Indemnified Parties and such duty shall survive the termination of this Agreement as to any claims arising out of or related to events occurring during the Agreement term. 14. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and permitted assigns. Neither party may assign or transfer an interest in this Agreement without the written consent of the other party. Any attempted assignment or transfer of an interest in this Agreement without the written consent of the other party shall be void. The City Council of the City delegates the authority to act under this Section 14 to the Director of Parks and Recreation of the City of Denton, Texas. 15. This Agreement and all requirements hereunder may be modified or amended only by written instrument executed by HOA and the City, their representatives, successors, or assigns. 16. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement, and Denton County shall be the exclusive venue for the bringing of any action to enforce the terms and conditions of this Agreement. LANDSCAPE MAINTENANCE AGREEMENT PAGE 5 #4748093 c:lusers\blosey\appdata\locallmicrosoft\windows\temporary internet files)content.outlook\s6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below, to be effective for all purposes as of 2011 (the "Effective Date"). CITY OF DENTON, TEXAS Date: G1 By: i~ George C. Campbell City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BY: Anita Burgess, City Attorney Date: nAlv_ 0 LANDSCAPE MAINTENANCE AGREEMENT #4748093 The Preserve at Pecan Creek Homeowners Association, Inc., a Texas non-profit corporation Darrell Amen, President PAGE 6 c:lusers\blosey\appdata\locallmicrosoft\windows\temporary internet files\content.outloolds6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me this Aza/ day of , 2011, by George C. Campbell, City Manager of the CITY OW DENTON, TEXAS, a home-rule municipal corporation, for and on behalf of said municipal corporation. r►a~ay JANE E. RICHARDSO ZdWYOZZ) Notary Public, State of Texas my Commission Expires 1 4& C~ June 27, 2oi3 N tary Public, State of Texas STATE OF TEXAS § COUNTY OF DALLAS § This strument was acknowledged before me this day of , 2011, by Darrell Amen, President of of PRESERVE AT PECAN CREEK MEOWNERS ASSOCIATION, a Texas non-profit corporation, on behalf of such corporations. BARBARA D. LOSEY NOTARY PUBLIC STATE OF TEXAS Notary Public, State of Texas COMM. EXP. 02-23401 maintenance agreement-final.doc LANDSCAPE MAINTENANCE AGREEMENT PAGE 7 #4748093 c:\users\blosey\appdata\local\microsoft\windows\temporary internet files\content.Outlook\s6ov5z3r\preserve landscape maintenance agreement-finalrc approved.doc Exhibit A Legal Description of Park Property WHEREAS FORESTAR REAL ESTATE GROUP INC. is the owner of all that tract of land in the City of Denton, Denton County, Texas, a part of the GIDEON WALKER SURVEY, ABSTRACT No. 1330, and being all of that 15.378 acre tract of land described as Tract 2 conveyed to Lumbermen's Investment Corporation as recorded in Clerk's Document Number 2005-116256, Denton County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found at the southeast corner of Lot 1, Block 22, The Preserve at Pecan Creek, an addition to the City of Denton as recorded in Cabinet R, Slide 366, Denton County Plat Records, said point being in the northeast line of a tract of land conveyed to the City of Denton as recorded in Clerk's Document Number 93- R0058485, Denton County Deed Records; THENCE with the west line of said 15.378 acre tract and with the east line of said Lot 1, Block 22 as follows: North 14 degrees 38 minutes 30 seconds East, 85.30 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; Northeasterly, 904.04 feet with a curve to the right having a central angle of 54 degrees 31 minutes 26 seconds, a radius of 950.00 feet, a tangent of 489.53 feet, whose chord bears North 41 degrees 54 minutes 13 seconds East, 870.31 feet to a one-half inch iron rod found for corner; North 69 degrees 09 minutes 56 seconds East, 293.21 feet to a one-half inch iron rod found for corner; Northeasterly, 275.00 feet with a curve to the left having a central angle of 10 degrees 09 minutes 56 seconds, a radius of 1550.00 feet, a tangent of 137.87 feet, whose chord bears North 64 degrees 04 minutes 58 seconds East, 274.65 feet to an "X" found in concrete; North 59 degrees 00 minutes 00 seconds East, 263.96 feet to a one-half inch iron rod found for corner; Northeasterly, 500.23 feet with a curve to the left having a central angle of 34 degrees 31 minutes 53 seconds, a radius of 830.00 feet, a tangent of 257.97 feet, whose chord bears North 41 degrees 44 minutes 03 seconds East, 492.69 feet to a one-half inch iron rod found for corner; North 24 degrees 28 minutes 07 seconds East, 89.43 feet to a one-half inch iron rod found for coiner, said point being the most northerly corner of said 15.378 acre tract, said point being in Swisher Road (variable width right-of-way), said point also being in the west line of an 8.807 acre tract of land conveyed to Lumbermen's Investment Corp. as recorded in Clerk's Document No. 2005-116256, Denton County Deed Records; THENCE South 03 degrees 18 minutes 39 seconds West, 608.85 feet with an east line of LANDSCAPE MAINTENANCE AGREEMENT PAGE 8 #4748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary interact files)content.o-atlook\s6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc said 15.378 acre tract and with Swisher Road to a one-half inch iron rod with "JB PartnersI" yellow cap set for corner, said point being the northeast corner of The Preserve at Pecan Creek, Section B, an addition to the City of Denton as recorded in Cabinet T, Slide 135, Denton County Plat Records, said point also being in the west line of a 5.47 acre tract of land conveyed to Chris & Sonia Cash as recorded in Clerk's Document No. 2006-43436, Denton County Deed Records THENCE with a south line of said 15.378 acre tract and with the north line of said Section B as follows: South 65 degrees 00 minutes 00 seconds West, 195.07 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; South 81 degrees 00 minutes 00 seconds West, 270.00 feet to a one-half inch iron rod found for corner; South 54 degrees 24 minutes 10 seconds West, 42.45 feet to a one-half inch iron rod found for corner; South 01 degrees 48 minutes 15 seconds West, 76.69 feet to a one-half inch iron rod found for corner; Southwesterly, 76.35 feet with a non-tangent curve to the left having a central angle of 87 degrees 29 minutes 42 seconds, a radius of 50.00 feet, a tangent of 47.86 feet, whose chord bears South 48 degrees 03 minutes 24 seconds West, 69.15 feet to a one-half inch iron rod found for corner; North 85 degrees 41 minutes 27 seconds West, 123.28 feet to a one-half inch iron rod with "JB PartnersI" yellow cap set for corner, said point being the northwest corner of said Section B, said point being in the east line of Lot 2, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 740, Denton County Plat Records; THENCE North 06 degrees 56 minutes 05 seconds West, 33.39 feet with the line of said 15.378 acre tract to a one-half inch iron rod found at the most northerly northeast corner of said Lot 2; THENCE with the southeast line of said 15.378 acre tract and with the northwest line of said Lot 2 as follows: South 57 degrees 00 minutes 59 seconds West, 427.68 feet to a one-half inch iron rod found for corner; South 06 degrees 06 minutes 13 seconds East, 193.74 feet to a one-half inch iron rod found at a northwest corner of said Lot 2, said point being the most northerly corner of Lot 1, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 737, Denton County Plat Records; THENCE South 38 degrees 59 minutes 33 seconds West, 641.09 feet to a one-half inch iron rod found at the most southerly southeast corner of said 15.378 acre tract, said point being in the northeast line of said City of Denton tract, said point also being the most westerly corner of said Lot, Block A; LANDSCAPE MAINTENANCE AGREEMENT PAGE 9 #4748093 c:\users\blosey\appdata\local\microsoft\windows\temporary internet files\content.outlook\s6ov5Z3r\preserve landscape maintenance agreement-finalrc approved.doc THENCE with the southwest line of said 15.378 acre tract and with the northeast line of said City of Denton tract as follows: North 45 degrees 32 minutes 54 seconds West, 16.81 feet to a one-half inch iron rod found for corner; Northwesterly, 340.94 feet with a curve to the left having a central angle of 12 degrees 39 minutes 38 seconds, a radius of 1542.93 feet, a tangent of 171.17 feet, whose chord bears North 51 degrees 52 minutes 43 seconds West, 340.25 feet to the POINT OF BEGINNING and containing 669,855 square feet or 15.378 .acres of land. LANDSCAPE MAINTENANCE AGREEMENT PAGE 10 #4748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlook\s6ov5z3r\preserve landscape maintenance agreement-finalrc approved.doc EXHIBIT B Insurance Requirements HOA shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the HOA, HOA's agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: ISO Form Number GL 0002 (Ed 1/72) covering Comprehensive General Liability and ISO Form Number GL 0404 covering Broad Form Comprehensive General Liability; or ISO Commercial General Liability coverage ("occurrence" Form CG 0001). "Claims made" form is unacceptable except for professional liability. B. Minimum Limits of Insurance HOA shall maintain not less than: General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. $1,000,000 Aggregate Policy will include coverage for (a) Premises - Operations; (b) Broad Form Contractual Liability; (c) Products and Completed Operations; (d) use of contractors and subcontractors; (e) Personal Injury; (f) Broad Form Property Damage; (g) Explosion Collapse and Underground (XCU) Coverage (when applicable), Fire Damage, Medical Expense. NOTE: The aggregate loss limit applies to each project. C. Deductibles and Self-Insured Retentions Any deductible or self-insured retentions must be declared to and approved by the City. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: General Liability a. The ! City, its officers, officials, employees, Boards and Commissions and volunteers are to be added as "Additional Insureds" as respects liability arising out of activities performed by or on behalf of the HOA, products and completed operations of the HOA, premises owned, occupied or used by the HOA/contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or LANDSCAPE MAINTENANCE AGREEMENT PAGE 11 #4748093 c:\users\blosey\appdata\local\microsoft\windows\temporary intemet files)content.outlook\s6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc volunteers. It is understood that the business auto policy under "Who is an Insured" automatically provides liability coverage in favor of the City. b. The HOA insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the HOA's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, Boards and Commissions or volunteers. d. The HOA's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability. 2. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, or non-renewed by either party, reduced in coverage or in limits except after ten (10) days prior written notice by certified mail, return receipt requested, has been given to the city. E. Acceptability of Insurers The City prefers that Insurance be placed with insurers with an A.M. Best's rating of no less.than B VI, or, A or better by Standard & Poors. This requirement will be waived for workers' compensation coverage only for those HOA/contractors whose workers' compensation coverage is placed with companies who participate in the State of Texas Workers' Compensation Assigned Risk Pool. Professional Liability carriers will need to be approved by the Risk Manager. F. Verification of Coverage HOA/contractor shall furnish the City with certificates of insurance effecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. LANDSCAPE MAINTENANCE AGREEMENT PAGE 12 #4748093 c:\users\blosey\appdata\local\microsoft\windows\temporary internet fi1es)content.outlook\s6ov5z3r\preserve landscape maintenance agreement-finalrc approved.doc Exhibit C MINIMUM MAINTENANCE REQUIREMENTS City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TURFGRASS MAINTENANCE MAINTENANCE Class A Class B Class C Class D TASK Mow, edge, and trim Every 7 days Every 14 days Every 30 days As needed to Mow at 2.5-3", Mow at 2.5-3", Mow at 2.5-3", maintain an identified clippings not clippings not clippings not particular natural collected. Leaves are collected. Leaves are collected. Leaves are state. or within City shredded and returned shredded and shredded and returned code to soil. returned to soil. to soil. Fertilization 3 lbs Nitrogen per 1 lb Nitrogen per None None 1000 sf per year in 2 1000 sf per year in applications one application (1.5# / application) Irrigation 1 "/week, repairs None None None within 5 days Aerification 3 times/year in 2 times per year None None. conjunction with fertilizer applications Overseed/sod Overseed all bare None None None areas in turfgrass once during growing season. Leaf Removal Mow & mulch Mow & Mulch None None Pesticide Program: January, February, Use cultural methods As needed to As needed to - Weed Control March as well as timely maintain an identified maintain an identified Refer to IPM Program -Non selective post-emergent particular natural particular natural requirements before herbicide on dormant applications to state or within City state or within City applying pesticides. bermuda control unwanted code. code. -Pre-emergent in vegetation as needed. Do NOT use products February to early containing the active March for summer If needed, use low ingredients found in grassy weeds toxicity non-selective the following (Barricade or herbicide, one pesticides: 2-4,D, Dimension - application per year, Dicamba, MCPP, and Pendimethalin late night time frame. Simazine. Roundup on infield, Roundup, Finale, or base paths and fences Manor may be used. Limit Fusilade, in early March Surflan & Snapshot to planter and color beds April, May, June ONLY. MSMA in May & LANDSCAPE MAINTENANCE AGREEMENT PAGE 13 #4748093 c:lusers\blosey\appdata\local\microso8\windows\temporary internet files\content.outlookls6ov5z3r\preserve landscape maintenance agreement-fmalrc approved.doc June (2 applications 7- Limit Rodeo to banks 10 days apart) for of creeks and ponds, grassy weeds if hand sprayers only. needed. Roundup on infield, base paths and Limit Primo to fences in April & Hardscape items. June. Treat for Fire Ants in May with Logic bait (growth Blue dye must be regulator) 1 pound per added to all spot acre. spray applications, NOT broadcast spray. July, August, September Post signs for at least Pre-emergent for 72 hours after winter weeds by application of any September 10. Treat pesticide. for grub worms in late July/ August as Minimize contact needed. with public. October, November, December Treat for Fire Ants in October with Logic bait (growth regulator) 1 pound per acre Fertilizer & January, February, Treat as needed to None None Aerification Program March prevent loss of turf No fertilization or aerification during this period. April, May, June A single application of fertilizer should take place in mid May. It should be applied at 1 pound of Nitrogen per 1000 sf. Aerification of turf should be done just prior to application of fertilizer. July, August, September One application of fertilizer should take LANDSCAPE MAINTENANCE AGREEMENT PAGE 14 #4748093 c:luserslbloseylappdatallocalltnicrosoftlwindowsltemporary intemet files)content.outlook\s6ov5z3r\preserve landscape maintenance agreement-finalrc approved.doc place during this period in mid July. It should be applied at 1.5 pounds of Nitrogen per 1000 sf. October, November, December No fertilization or aerification during this period. City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TREE / SHRUB MAINTENANCE MAINTENANCE Class A 1 Class B ~ Class C Class D TASK Tree Trimming Remove low limbs as Only hazardous limbs Only hazardous limbs Only hazardous limbs needed for safety & as needed. as needed. as needed. equipment access. Shrub Trimming Complete trim 3 times Complete trim 2 times Not perfonned Not performed per year. per year. Pesticide Program As needed to prevent As needed to prevent Not perfonned Not performed Refer to IPM loss of plant material. loss of plant material. Program requirements before applying pesticides. Fertilization 2 times/year Not performed Not performed Not performed Stump Removal As needed when As needed during As needed during Only hazardous trees higher priority winter. winter. as needed, others projects are maintained for com leted. wildlife habitat. LANDSCAPE MAINTENANCE AGREEMENT PAGE 15 #4748093 c:luserslbloseylappdatallocallmicrosoftlwindowsltemporary internet files)content.outlook\s6ov5z3r\preserve landscape maintenance agreement-finalrc approved.doc City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN PARK LITTER CONTROL MAINTENANCE TASK Class A i Class B F Class C Class D I Pick up trash & Pick up trash and Pick up trash, litter Pick up trash, litter Remove illegal littler; empty litter 5 days per week. and other debris twice and debris from all dumping as needed. receptacles per week from April conspicuous park through October. areas weekly from From November April through through March, pick October, monthly up trash in all from November conspicuous park through March. areas once per week. LANDSCAPE MAINTENANCE AGREEMENT PAGE 16 #4748093