HomeMy WebLinkAboutContract 33508 05-15-06 P , : 00 /
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1 STORM WATER FACILITY CITY SECRETARY r-�'
„ o MAINTENANCE AGREEMENT CONTRACT NO. ���
THIS, : ,AGREEMENT, made and entered into this day of
and between Riverbend Investment, Ltd., acting by and
through RBE Investment Corp., Managing General Partner, hereinafter referred to as
"Landowner", 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 8 acre tract located in the A.S. Trimble Survey, Abstract 1528,
Tarrant County, Texas according to the deed recorded in Volume 13681, Page 387, Deed
Records, Tarrant County, Texas and being more particularly described by metes and
bounds in Exhibit"A" hereinafter called the"Storm Facility Property".
WHEREAS, the Landowner reserves the right to redefine the limits of Storm
Facility Property to encompass the on-site Storm Water Management Facilities as
described in Exhibit `C' to the northerly 3.36 acres of Proposed Lot 1, Block 22 as shown
in Exhibit `A-1'. The remainder of Lot 1, Block 22 (4.70 acres) shall be reserved for
future development at the time of Final Platting of said Lot 1, Block 22.
WHEREAS, the Landowner is proceeding to build on and develop a certain real
property described as an approximately 12.2 acre tract located in the T.S. Trimble Survey,
Abstract 1528, Tarrant County, Texas hereinafter called the "Development Property" and
according to the Site Plan/Subdivision Plan to be known as Lakes of River Trails Phase 8
hereinafter called the "Plan" and attached as Exhibit `B", which is expressly made a part
X Nhera f, as pproved or to be approved by the City and the Landowner shall provide for
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=ma.n*met of storm water from the Development Property on the Storm Facility
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7- "Property; and
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WHEREAS, the City requires that on-site Storm Water Management Facilities and
described in Exhibit "C" be constructed and adequately maintained by the Landowner in
order to protect the health, safety and welfare of the residents of the city of Fort Worth;
and
WHEREAS, the Facility shall be located on the Storm Facility Property; and
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 shall adequately maintain the on-site Storm Water
Management Facility ("Facility") at no expense to the City of Fort Worth in
accordance with the design specifications for the Facility 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 "D".
The Storm Water Facility includes all pipes, channels or other conveyances
built to convey storm water to the facility, as well as all structures,
improvements, and vegetation provided to control the quantity and quality of
the storm water. Adequate maintenance is herein defined as good working
condition so that these facilities are performing their design functions. The
Storm Water Structural Control Maintenance Checklists, attached to this
Agreement as Exhibit "E", are to be used to establish what good working
condition is acceptable to the City.
2. The Landowner 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, 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 hereby grant permission to the City, its authorized agents and
employees, to enter upon the Strom Facility Property and to inspect the Facility
whenever the City deems necessary. The purpose of inspection is to follov-up
on reported deficiencies and/or to respond to citizen complaints. The City shall
provide the Landowner copies of the inspection findings and a directive to
commence with the repairs if necessary.
4. In the event the Landowner fails to maintain the Facility in good working
condition acceptable to the City, the City, its authorized agents and employees,
may enter upon the Storm Water Facility Property and take whatever stens
necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner. 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 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 fails to pay the City for the costs
incurred under this section, the City shall impress a lien for the costs of such
work upon the Storm Water Facility Property or other lots owned by the
Landowner. Such lien shall 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.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANTS AND._- GREES
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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE
PROPERTY TO MAINTAIN THE BED AND BANKS OF THE
DETENTION POND IN ACCORDANCE HEREWITH, OR AS A
RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY
DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE
FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF
THE POND AND ITS BANK TO OPERATE IN A MANNER
CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO
PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected on
the Storm Water Facility Property described in Exhibit "A" but this paragraph
shall not preclude construction of other improvements on the Storm Water
Facility Property, which do not impede drainage. Landowner covenants and
agrees that no habitable building shall be erected on the Development Property
abutting the Storm Water Facility Property 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, Texas,
and shall constitute a covenant running with the land, and shall be binding on
the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
9. Landowner shall not assign this Agreement without the prior written consent of
City and any attempted assignment without the prior written consent shall be
void.
10. City and Landowner agree that this Agreement can be modified upon the
written agreement of the parties.
4
Executed this Zq i�-day of MAfCfl2O05.
Landowner City
Riverbend Investment, Ltd. City of Fort Worth
by its: RBE Investment Corp., Managing
General Partner
Name: Kennet Newell Marc A. Ott
Title :President _ Assistant City Manager
Approved to Form and Legality
/Yz,/,;;,L--
As ' tant CIty Attorney
ATTEST
A', ��
City #cretary
Aftcr recording please retUM to:
City Of Fort Worth
Real Property Services
Engineering Department
900 Monroe Street Suite 302
Fort Worth Texas 76102-6302
M & C. C- -2 J'1/9 DATE
AGENT DOE # y6�S
� irlo
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 7)'j �,�" A,90 by
Marc A. Ott, Assistant City Manager of the City of Fort Worth,ifon behalf of the City of
Fort Worth.
HETTIE UAW-
NAY coMfc'�,r_xGtREs
July
2b2� 'i'ln 1�Io Public State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me,the undersigned authority on this day personally appeared Kenneth
Newell, President, RBE Investment Corp., Managing,General Partner, Riverbend
Investment, Ltd. ,known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that the same is the act of Riverbend
Investment, Ltd. ,and that he executed the same as its President of Managing General
Partner and as the act of such_Riverbend Investment, Ltd._.and for the purposes and
consideration expressed in the foregoing instrument.
LINDA G ELLIS
i�s * NOTARY PUBLIC Notary Public, State of Texas
may;. State of Texas
:F `(,omn, cxi. '.0-21-2006
6
EXHIBIT "A"
INSERT LEGAL
Of Storm Water Facility Property
f� . 7
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17 is 15 SouTrl 12
• 11.74' 14
19 ie ���
21 20
SM 22 r — P.0.B.
20
t i i `� y
NORTNItEST GARNER OF
LAKES OF RIVER 7RAILS
V.SFrn�r
CAB. A, SLIDE 7786
y P.R.T.C.T.
LOT 1
-' BLOCK 22 15's1 8
_.
Z C� 8.06 ACRES �— — —
UI
(PRELIMINARY PLAT —� — —
2
CASE: PP-02-061) eroa7
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22
Q
C-2
14.29' s
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o=
CURIE
NO DELTA RADN/S TANGENT LENGTH CHORD BEARING CHORD 4 g
C-1 071557' 455083' 28594' 577.10' N 78'09'30°E 576.7f 3 L + —
C-2 045749' 165.00' 7.15' 14.29' S 02:3954° W 14.29' o —`
C-3 04'5749' 435.00' 18,85' 37.68' S 0239'54' W 37.67' "
C-4 1072'07' 387.25' 34.57' 6595' S 0455'03'E 6586' o
C-5 1236'50' 204273' 225.77' 449.72' S 70'43'16' W 41581' rr;
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EXHIBIT A o' ss�° �oQ
sum
GSWW INC . -2
Gutierrez, Smouse, Wilmut & Assoc.
Washington & Associates
Civil/Environ men to[ Engineers Plonners 100
3950 Fad Cm*BIW.,Sud@ 2M Fat watt,Taa 76137 617/306-144 12
SCALE 1"=100'
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�°,
DESCRIPTION OF LOT 1,BLOCK 22, LAKES OF RIVER TRAILS
BEING a tract of land out of the A.S. Trimble Survey, Abstract No. 1528, Tarrant
County, Texas and being a portion of that certain tract or tracts of land conveyed to
Riverbend Investment, Ltd., a Texas Limited Partnership, as recorded in Volume 13681,
Page 387 and in CC#D204127317, Deed Records, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a %2 inch iron rod stamped `Beasley RPLS 4050" found for the
northwest comer of Lakes of River Trails, Phase V, Section C, as recorded in Cabinet A,
Slide 7788, Plat Records, Tarrant County, Texas;
THENCE West, 470.30 feet to a point;
THENCE South, 11.74 feet to the POINT OF BEGINNING;
THENCE South 00 degrees 11 minutes 00 seconds West, a distance of 305.35 feet to a
point for the beginning of a tangent curve to the right having a radius of 165.00 feet, a
central angle of 04 degrees 57 minutes 49 seconds, and a chord bearing and distance of
South 02 degrees 39 minutes 54 seconds West, 14.29 feet;
THENCE along the arc of said curve a distance of 14.29 feet to a point for the end of this
curve and the beginning of a reverse curve to the left having a radius of 435.00 feet, a
central angle of 04 degrees 57 minutes 49 seconds, and a chord bearing and distance of
South 02 degrees 39 minutes 54 seconds West, 37.67 feet;
THENCE along the arc of said curve a distance of 37.68 feet to the end of curve;
THENCE South 00 degrees 11 minutes 00 seconds West, a distance of 154.52 feet to a
point for the beginning of a tangent curve to the left having a radius of 387.25 feet, a
central angle of 10 degrees 12 minutes 07 seconds, and a chord bearing and distance of
South 04 degrees 55 minutes 03 seconds East, 68.86 feet;
THENCE along the arc of said curve a distance of 68.95 feet to a point for the end of
curve, said point being in the north right-of-way line of Trinity Boulevard, a 120 foot
wide right-of-way, said point also being the southeast comer of the tract herein described;
THENCE along the north line of said Trinity Boulevard and with a non-tangent curve to
the left having a radius of 2042.73 feet, a central angle of 12 degrees 36 minutes 50
seconds, and a chord bearing and distance of South 70 degrees 43 minutes 16 seconds
West, 448.81 feet;
THENCE along the arc of said curve a distance of 449.72 feet to a point for the end of
curve;
0
THENCE continuing with the north line of said Trinity Boulevard, South 64 degrees 20
minutes 44 seconds West, a distance of 161.09 feet to a point for the southwest corner of
the tract herein described;
THENCE leaving the north line of said Trinity Boulevard, and with the east line of that
certain tract of land conveyed to Riverbend Investment II, Ltd., a Texas Limited
Partnership, as recorded in Volume 14166, Page 240, Deed Records, Tarrant County,
Texas, and the west line of the tract herein described,North 00 degrees 12 minutes 09
seconds East, a distance of 679.96 feet to a point for the northwest corner of the tract
herein described;
THENCE leaving said west line, and with a non-tangent curve to the right having a radius
of 4550.83 feet, a central angle of 07 degrees 15 minutes 57 seconds, and a chord bearing
and distance of North 78 degrees 09 minutes 30 seconds East, 576.71 feet;
THENCE along the arc of said curve a distance of 5 77.10 feet to the POINT OF
BEGINNING and containing 8.06 acres of land.
The bearings recited hereon are oriented to the North line of that certain tract conveyed in
Volume 4119, Page 535, Deed Records, Tarrant County, Texas. Bearing North 89
degrees 49 minutes 00 seconds West.
OR
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17
n . .
v / �✓ I NORTHWEST CORNER OF
- LAKES OF RIVER MAILS
�p %0' / ,53 .V.crrnnu r
I CAB. A SLIDE 7788
P.R.T.C,T.
LOT 1
BLOCK 22
1s'sa e
8.06 ACRES C W MT.
PROPOSED LAKE —
(PROP. ESMT.= 3.36 AC.) afiW n
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I 14.29'
a L - - - - - - - - - - - - - - - - - - "' S �¢
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CURVE TABLE
3L _
NO DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD
C-1 0775'57' 4550.83' 288.94' 577.10' N 7817930'E 576.71' o — .3 18'S5
C-2 0437'49' 165.00' 7.15' 14.29' S 0239'54' W 14.29'
ESYT.
C-3 043749' 435.00' 1885' 37.68' S 023954' W 37.67' o ,
Q C-4 10"12'07' 387.25' 34.57' 68.95' S 0435'03'E 68.86'
C-5 1236'50' 2042.73' 225.77' 449.72' S 70'43'16' W 448.81' I 2
00
FUTURE DEVELOPMENT-----7-------
(4.70 ACRES)
5
449
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IRA �F
144«
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EXHIBIT A - 1 4675
GSWW, INC .
Gutierrez, Smouse, Wilmut & Assoc.
Washington & Associates
Civil/Environmental Engineers PlaAners 0 100 200
3950 FosM CmM Blvd-,Smits 210, Fort Vk t.Toon 781n 817/308-114!
SCALE 1"=100'
Exhibit "B"
Attach Plat of Lakes of River Trails Phase 8
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Exhibit "C"
Detailed Description of Storm Water Facility—including diagrams
9
Exhibit "D"
CITY OF FORT WORTH STORM WATER 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 BANDING
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, stab 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 inspec:tions. 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.
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Exhibit "E"
Storm Water Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION- REQUIRED MADE
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
"M
MINOR
INSPECTION
Condition of Pond
Amount of silt in
and
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-
n,
"V146- .. .7
IS
Ra
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
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Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/25/2006
DATE: Tuesday, April 25, 2006
LOG NAME: 30RIVERBEND4685 REFERENCE NO.: **C-21419
SUBJECT:
Authorize the Execution of One Storm Water Facility Maintenance Agreement from Riverbend
Investment, Ltd., for Property Located in East Fort Worth (DOE 4685)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement from Riverbend Investment, Ltd., for property located in east Fort Worth.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the
owner, Riverbend Investment, Ltd. The maintenance of the facility shall occur at no expense to the City.
The storm water facility shall serve the Lakes of River Trails, Phase 8. The facility is necessary to limit
storm water run-off generated in the subdivision to pre-developed conditions, and to reduce the possibility
of flooding to residents downstream of the watershed. The facility is located north of Trinity Boulevard and
west of Trinity Trails in east Fort Worth.
The facility is located in COUNCIL DISTRICT 4, Mapsco 66C.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/31/2006
CITY FW REAL PROPERTY 0
900 MONROE STE# 302
FT WORTH, TX 76102
Submitter: CITY OF FORT WORTH/REAL PROPERTY -001 ZCFVI
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 05/19/2006 11:22 AM
Instrument#: D206151612
OPR 19 PGS $88.00
LBy:
I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII ILII IIIII IIT IIII IIII
D206151612
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
M & C: DATE
AGENTS 62 _DOE #
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