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HomeMy WebLinkAboutContract 47257 CITY SECRETAN is ' COWRACT P40, DOE # IA 3 4.� , r r n�i��`. 'auk<<° STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of . kv t` (fnt e j,',. 02, by and between SJ Silver Ridge Development, L.P., acting by and through Steve Hawkins, hereinafter referred to as "Landowner", the Silver Ridge Phase Two Residential Association, Inc., hereinafter referred to as "Association" and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 1.238 acre tract located in the Woods, JP Survey, Abstract 1886, Tarrant County, Texas, being portions of Tract A and Tract B described in the deed recorded in Instrument No. D203354039 Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Silver Ridge Addition, Phase 2 hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner and Association, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and OFFICIAL RECORD CITY SECREVARY F' T STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.05/14//2014 f WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner and Association, its successors and assigns, shall adequately construct and maintain the on-site Stormwater Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Stormwater Facility includes all pipes, channels or other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner and Association, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facilities, berms, outlet structure, pond areas, STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.05/14/12014 i access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner and Association, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner and the Association, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner and the Association, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, 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 Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.05/14//2014 identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE AND DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner and Association covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.05/14//2014 0 on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of SJ Silver Ridge Development, L.P. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by SJ Silver Ridge Development, L.P. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of SJ Silver Ridge Development, L.P. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. ,d Executed this day of "" "��015. Landowner City of Fort Worth SJ Silver Ridge Development, L.P. A Texas Limited Partnership Jesus J. Chapa Assistant City Manager By: SJ Silve Ridge, LLC ASGas , ' Pe�eabil�..,Company, ,.. IF Approved as to Form and Legality B N Steve Hawkins Assistant City"Attorney Title-:onager Home er Association Attest SII r 4 e��Phac' vo `" � ✓ .. ? ova � ; ssociation, Inc. Cit Sec ary % �y 3. .- Name: Steve Hawkinsat Title: HOA President I .."...... 1)FFICIAL RECORD C11"Iff SECRET 11Y I,,, . wo,''iG�rrrri, TX' STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.05/14/12014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �w. � � by Jesus J. Chapa , Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. � 19NDA M Hin�f�EN��P " I'if t 5 Not*Public State of Texas �'oGr��4i9�'�a,2f)10 Y STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of 2015, personally appeared known to me to e the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of 1 ) , and that he executed the same as its and as the act of such and for the purposes and considerate n expressed in the foregoing instrum CANDACE P VICK ' IVY Notary Public State of Texas Notary Pub c, State of Texas � P N ,OF,(�}. My Comm. Exp,05-29-2017 STATE OF TEXAS § COUNTY OF TARRANT § Th' instru ent was acl owledged before me on by y � , , authorized representative, acting on behalf of the a Homeowners Association. " C=PVICK Notary P lic, State of Texas My C STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.05/141/2014 ` EXHIBIT "A " STORM WATER DETENTION FACILITY PROPERTY DESCRIPTION BEING a tract of land situated in the J.P. Woods Survey, Abstract No. 1886, City of Fort Worth, Tarrant County, Texas, being a part of a tract of land described as Tracts A and 8 In deed to SJ Silver Ridge Development, LP, recorded in County Clerk's Document Number D203354039, Deed Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: Commencing at the point in the east right—of—way line Silver Ridge Boulevard (a 68' width public right—of—way), the northwest corner of Block 2, Silver Ridge Phase 1, Section 1, recorded in Volume 388-219, Page 7, Plat Records, Tarrant County, Texas; South 69'14'30" East, with the north line of said Block 2, Silver Ridge Phase 1, Section 1, a distance of 225.37 feet to a point; North 20*45'30" East, departing the north line of said Block 2, Silver Ridge Phase 1, Section 1, a distance of 43.27 feet to the POINT of BEGINNING of herein described tract; THENCE North, a distance of 30.46 feet to a point; THENCE North 44'35'27" East, a distance of 86.81 feet to a point; THENCE North 45'24'33" West, a distance of 24.55 feet to a point; THENCE North 44*35'27" East, a distance of 35.00 feet to a point; THENCE South 45*24'33" East, a distance of 9.79 feet to a point; THENCE North 44'35'27" East, a distance of 14.46 feet to a point; THENCE North 61*38'09" East, a distance of 32.43 feet to a point; THENCE North 76*02'06" East, a distance of 91.51 feet to a point; THENCE South 56'59'01" East, a distance of 27.25 feet to a point; THENCE South 33'02'22" West, a distance of 29.21 feet to a point; THENCE South 60*47'04" East, a distance of 38.92 feet to a point; THENCE South 12*30'48" East, a distance of 208.85 feet to a point;THENCE South 78*35'41" East, a distance of 57.41 feet to a point for the beginning of a non—tangent curve to the left having a central angle of 23*57'11", a radius of 50.00 feet and a chord bearing and distance of South 18'01'44' East — 20.75 feet; THENCE with said non—tangent curve to the left, in a southeasterly direction, an are length of 20.90 feet to a point; THENCE South 59'59'41" West, a distance of 40.50 feet to a point; THENCE North 76*48'45" West, a distance of 35.27 feet to a point; THENCE North 65*13'09" West, a distance of 310.51 feet to the POINT of Beginning and containing a calculated area of 53,938 square feet or 1.238 acres of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. A drawing of even date accompanies this metes and bounds description. DUNAWAY JOB NO. 2002209,020 PAGE 1 OF 2 EXHIBIT"A" STORM WATER DETENTION Registered Professional Land Surveyor Xi�OF FACILITY Texas Registration No. 5570 ST� .r(f, STEPHEN R,GLOSUP RECORDED IN C.C.D. NO. D212283151, DEED RECORDS, DUNAWAY TARRANT COUNTY,TEXAS 550 Bailey Avenue Suite 400 Fort Worth,Texas 76107 tv Tel:817.335,1121 Situated In the J.P. Woods Survey, Abstract No. FIRM REGISTRATION 10098100 1886, City of Fort Worth, Tarrant County, Texas. EXHIBIT "A " STORM WATER DETENTION FACILITY TRACT A d SJ SILVER RIDGE DEVELOPMENT, LP cc 3 G.C.D. NO. D203354039 0 100' Q TRACT B D.R.T.C.T. W O SJ SILVER RIDGE DEVELOPMENT, LP �rq scA�E FEET 'r ►� C.C.D. NO. D203354039 Cr d D.R.T.C.T. N61'38'09"E ca re 32.43' N44'35'27"E 4 5�� 14.46' 02'0' ,..`.. S56'59'01"E S45`24'33"E76 ,51 27.25' Q "Q cc N44'35'27"E 9.79 LU P��1035`00' S33`02'22"W 45 u0 N45'24'33"W 29.21 :°. 24.55' 560'47'04"E 38.92` S69- NORTH ai 43ro p E 30.46' 53,938 SQ. FT. / 1.238 ACRES 4 N20'45'30"E POINT OF 43.27' BEGINNING Cp N� � ,c r M sk uti C/ , Nay S78'35'41"E �0�U1lE 'oH� p��K' N76'48'45"W 57.41' pR8�Zr9 /, SAC �IOSI, 35.27' C1 OR r c T pq Ge rr N I (SO, kj 1(elll BLOCK 2 RO�l/ S59'59'41"W V�<rC RIC, I OP— 40.50' wi y) Curve Table Curve Central Arc Chard Bearing . Number Angle Radius Length and Distance «««« C1 2Y57'1 1" 50.00' 20.90' S18'01'44"E 20.75' ,m«.im mmm . C.G.D. N0, = COUNTY CLERK'S DOCUMENT NUMBER m^n«m wm««........STEPHEN R. GLOSUP D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY TEXAS � o 570 P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS "DUNAWAY A metes and bounds description of Y.-I even date accompanies this drawing. 550 Bailey Avenue • Suite 400 - Fort worth,Texas 76107 Tel:817.335.1121 PAGE 2 OF 2 FIRM REGISTRATION 10098100 DATE: MAY 27, 2015 DUNAWAY JOB NO. 2002209.020 r k M4 S. fr JD?if 1 1 N rl Lu Z x j r✓2►' tj / rG i ra E Z W 9 t t i s a d }jE I,d »Saa °as pp .. s sw Sri n 1 sag ' kv9 a u a u l 4x �, C�I - n p.klt t y � 4 .5vos A]„y iytsr A}J o�aY ntnf �'s-rr � � � °gg�,,,,s' r t fT ¢-." i Y4vas'r- k i �a&"^ 9se5w 3. o d^.S'� a (g _ � id € 8&c88i I`��88 Gt'rsz E HsaV� 3,*7 5/fd'J1 66 , i{1"Yt5 "Mlt t71N!dYY dfb i � tz AAK ' p 7N7 YR2i15 �F S4+d Y15 tamp} d t t ( t IR t I r s t I � 1 t b a p 1 '6 ,. lgg x 1✓����Jttl r?6 � � a �i �( � ✓ �� t W �,�f f�, s t At Wn pO 5 \\ y t� IN g 3 11 1 f Z � r jTry't j W agm 0- gulp Wei M 0 R —on. 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"z ii k0y 1 -_ �./� Zf< [ m n *e+g^ `rte 'Y+4 �o n Hui WS Ix a � 4 A On �` •/�a`3 \ \ �aAJT�--=aat[ V S £u � ti Q v e a � g � 1 �n z 0 I g" leree � II V e $6aE�ne db _da z z i �$ ����� �� � �$� g�c �r e •'7 3 r tY+ �� p 5 n3€ 0 w I N 4 E � HH f F H g l - � 5 � 6 Ek Rd d -E5 I 6 I Pi nti e If - I ° W hgu ° 8°f IL 11 k '�eo�3 $ 8° °7}• :n �I I aLma� _ 1'r4 i i+��P% p ,i 1 t 1.. _ og88 � ° 8°`u ° �y I I •§ ve��reL R „N ' I' 4qN I I I i N °j It *`1 if aed oirz a 8E <� xv ti zw ho 8 y O x� j V9 d I , 1 , 1 I I 1 � I Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility 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 approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. 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. Detention facilities 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 outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components 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 party or parties signing the attached Agreement and shall be provided to the City upon request. STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.05/14//2014 Exhibit "D" Stormwater 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.05/14//2014 Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.05/14//2014 Storm Water Detention Pond Closure Report.txt North: 6962548.84' East: 2271934.81' Segment #1 . Line Course: NO' 00' 00.00"E Length: 30.46' North: 6962579.30' East: 2271934.81' segment #2 . Line Course: N44° 35' 26. 52"E Length: 86.81' North: 6962641.12' East: 2271995.75' Segment #3 . Line Course: N45° 24' 33.48"W Length: 24.55' North: 6962658.35' East: 2271978.27' Segment #4 . Line Course: N44° 35' 26. 52"E Length: 35.00' North: 6962683.28' East: 2272002.84' Segment #5 . Line Course: S45° 24' 33.48"E Length: 9.79' North: 6962676.41' East: 2272009.81' Segment #6 . Line Course: N44° 35' 26. 52"E Length: 14.46' North: 6962686.70' East: 2272019.97' Segment #7 . Line Course: N61° 38' 09.45"E Length: 32.43' North: 6962702.11' East: 2272048.50' Segment #8 . Line Course: N76° 02' 05.95"E Length: 91.51' North: 6962724.19' East: 2272137.31' Segment #9 . Line Course: 556° 59' 01.21"E Length: 27.25' North: 6962709.35' East: 2272160.16' Segment #10 . Line Course: S33° 02' 21.86"W Length: 29.21' North: 6962684.86' East: 2272144.23' Segment #11 Line Page 1 Storm Water Detention Pond Closure Report.txt Course: S60° 47' 03.80"E Length: 38.92' North: 6962665.86' East: 2272178.20' Segment #12 Line Course: S12° 30' 48.21"E Length: 208.85' North: 6962461.97' East: 2272223.45' Segment #13 Line Course: S78° 35' 41.26"E Length: 57.41' North: 6962450.62' East: 2272279.73' segment #14 . Curve Length: 20.90' Radius: 50.00' Delta: 23°57'10.74" Tangent: 10.61' Chord: 20.75' Course: S18° 01' 44.00"E Course In: N83° 56' 51.37"E Course out: S59° 59' 40.63"w RP North: 6962455.89' East: 2272329.45' End North: 6962430.89' East: 2272286.15' Segment #15 Line Course: S59° 59' 40.63"W Length: 40.50' North: 6962410.64' East: 2272251.08' Segment #16 . Line Course: N76° 48' 44.64"W Length: 35.27' North: 6962418.68' East: 2272216.74' Segment #17 . Line Course: N65° 13' 09.25"W Length: 310. 51' North: 6962548.83' East: 2271934.82' Perimeter: 1093.83' Area: 1.239acres Error Closure: 0.01 Course: S61° 52' 37.31"E Error North: -0.005 East: 0.010 Precision 1: 109368.00 Page 2