HomeMy WebLinkAboutContract 33207 CITY SECRETARY
;ONTRACT NO.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
A v0i ' , by and between Donald L. Hudgins, Jr. President, acting by and through DLH,
Jr. Land Co. Inc., General Partner, hereinafter referred to as "Landowner", the Fort Worth
Village Parks Homeowners Association, hereinafter referred to as "Association" and the
City of Fort Worth, hereinafter referred to as"Cit} '.
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 3.159 acre tract located in the John Jennings Survey, Abstract 873, Tarrant
County, Texas according to the deed recorded in Document Number D203473455, Deed
Records, Tarrant County, Texas.
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Sundance Springs Addition,
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
storm water 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 Storm Water Management Facilities be constructed and
maintained on a portion of the Property; and
WHERFpAS, the City requires that on-site Storm Water Management Facilities
(`T4cilg ") as shown on the Plan be constructed and adequately maintained by the
N r Y_
L*dow , its successors and assigns, including Association the location and dimensions
C 7' Q_ = �1
w«-
o fwhi6fi"ig sh on the attached Exhibit"A"("Facility Property"); and
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WHEREAS, Landowner agrees to convey the Property to the Association and the
Association agrees to accept the Property where the Storm Water 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 Storm Water 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 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 "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,
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
'' l %`
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 acceptable to the City,
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
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
{ i
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 OWNER OR ANY FUTURE
OWNERS OF THE ABOVE FACILITITY 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 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, 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. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of DLH, Jr. Land Co. Inc., General Partner as Landowner
hereunder shall expire and be of no further force or effect upon the transfer
("Transfer") by DLH, Jr. Land Co. Inc., General Partner to the Association
of legal title to the Facility Property, save and except for any liabilities,
indemnities and obligations of DLH, Jr. Land Co. Inc., General Partner 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.
Executed this d _ day of, art- 2006.
Lando er /� City
f ,(?Z City of Fort Worth
� T
Aq,
Name: —Doe)*bttl 1-14U0ew.16, Marc A. Ott Y
Title pf,4- Assistant City Manager
�vnl�S
jtP f t�prio�t— Approved s to Form and Legality
1!d ff, Homeowner Association
ssistant City Attorney
President
ATTEST
C�-.2 OTS` DATE ��z y-G S
M8► C .
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AGENT: OE y City Secretary
(2 -9 M2�
AFiM leCCaleDiIVI-C contra t Au oris tion
f2 Ci ale V 7-O . Z--�
Willie Ingram, Land Agent Date
City Of Tort Worth
Engineering Department
Real Property Services
900 Monroe Street Suite 302
Fort Worth Texas 76102-6302
till
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on _O 6 —O 7 by
Marc A. Ott, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
Mr_'.rIE LANE
`e MY t%.�s tMf'•SSION EXPIRES. Notary Public, State of Texas
July 26,2007
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared
GP.v.e..N� c�on,w�+r` a.r.nowtt �SGS I. d. ,known
to me to b hee person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
and that he executed the same as its
D rcra Idlr n� and as the act of such and for the purposes and
consideration expressed in tAe foregoing instrument.
\001BLAC//'''%,
Notary Pub k, Sta Texas
•'••FXPIREr�••' ��
STATE OF TEXA& OS,04-Z�prO�•�``§
COUNTY OF TARRAN I1 §
This instrument was acknowledged before me on by,
L)v+JaL 0 L. "unx,#.s A& , authorized representative, acting on behalf of the
Fort—Worth Village Parks Homeowners Association.
Notary Publ c, State of Texas
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EXHIBIT "A"
LEGAL DESCRIPTION
Being a tract of land situated in the John Jennings Survey, Abstract No. 873, in the City of
Fort Worth, Tarrant County, Texas, being a part of that certain_tract of land as described
by deed to Sundance Springs, Ltd., recorded in County Clerk Document No.
D203473455, Deed Records, Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 " iron rod with yellow cap stamped "Carter & Burgess" found in
the south right-of-way line of Sycamore School Road (120' width right-of-way) and the
west right-of-way line of the Gulf Colorado and Santa Fe Railway Company and recorded
in Volume 34, Page 474, Deed Records, Tarrant County, Texas and being the northeast
corner of that certain tract of land as described by deed to Maximize the Moment, Inc.
and recorded in Volume 14501, Page 269, Deed Records, Tarrant County, Texas;
South 02 °01 ` 55"West, with the west right-of-way line of said Gulf Colorado and Santa
Fe Railway, a distance of 2420.75 feet to a 5/8 " iron rod with yellow cap stamped
"Dunaway Assoc. Inc."found for the POINT OF BEGINNIGN of herein described tract;
THENCE South 02 ° 01 ` 55 " West, continuing with said west right-of-way line of Gulf
Colorado and Santa Fe Railway, a distance of 473.71 feet to a point:;
THENCE North 88 °20 ` 19"West, departing said west right-of-way line of Gulf Colorado
and Santa Fe Railway, a distance of 119.12 feet to a point;
THENCE South 58 046 ' 05"West, a distance of 17.57 feet to a point;
THENCE North 39 °32 ` 09"West, a distance of 274.67 feet to a point;
THENCE North, a distance of 320.72 feet to a point;
THENCE South 72 °58 ` 11" East, a distance of 161.86 feet to a point;
THENCE South 87 ° 58 05" East, a distance of 171.09 feet to the POINT OF
BEGINNING and containing a calculated area of 137, 641 square feet or 3.159 acres of
land.
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PROPOSED
CITY OF FORT WOR7H 5
PUBLIC PARK j 4
Galemeabt►Coact
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`1 320.7
♦r :4 6 16 Q
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GULF COLORADO&SANTA F£RAILWAY COMPANY
5/8'RON ROD WTH 1EUOW CAP _.
STAMPED'OUNAWAy ASSOC INC'SET
200' 0 200' 400'
GRAPHIC SCALE IN F�
�Dunaway Engineers
4V • s Neyos SUNDANC SPRI-\
Associates, L.P. Landscape Architects DETENTION POND EXHIBIT
1 ta0�Merrlmao prole,Ste.100 Fort WoM,TX 76107 Ph:817.336.7121 Me6o:877.428.2136 Felc 877.336.7437
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Exhibit "C"
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 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.
f
Exhibit "D"
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
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
8
Rap _
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/24/2005
DATE: Tuesday, May 24, 2005
LOG NAME: 30SUNDANCE4586 REFERENCE NO.: **C-20754
SUBJECT:
Authorize the Execution of Two Storm Water Facility Maintenance Agreements from Sundance
Springs, Ltd. and the Fort Worth-Village Parks Homeowners Association for Property Located In
South Fort Worth (DOE 4586)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of two Storm Water Facility Maintenance
Agreements (SWFMA) from Sundance Springs, Ltd. and the Fort Worth-Village Parks Homeowners
Association, for property located in South Fort Worth.
DISCUSSION:
The maintenance agreements are necessary to assure proper maintenance of storm water facilities by the
owner, Sundance Springs, Ltd. and the Fort Worth-Village Parks Homeowners Association. The
maintenance of these facilities shall occur at no expense to the City of Fort Worth.
The storm water facilities are necessary to limit storm water run-off generated in the subdivision to pre-
developed conditions, to reduce the possibility of flooding to residents downstream of the watershed. The
storm water facilities are located south of Sycamore School Road and east of Hawkwood Trail.
The easements are located in COUNCIL DISTRICT 6, Mapsco 104K.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvement Fund.
TO Fund/AccountlCenters FROM Fund/AccountlCenters
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: A. Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/14/2006
CIT"
F r) 1.TH
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06 FC6 2? 4 7 ,.......
CITY FW REAL PROPERTY 0
900 MONROE ST
#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 1S PART OF THE OFFICIAL RECORD.
Filed For Registration: 02/08/2006 02:43 PM
Instrument#: D206038310
OPR 15 PGS $68.00
By:
D206038310
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: DATA: Dom`