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HomeMy WebLinkAboutContract 49269 �e .o CITY SECRETARY DOE # X-24168 M ��G�� �'��o��� w CONTRACT NO._ C11 V ATER FACILITY MAINTENANCE AGREEMENT j#— THIS AGREEMENT, made and entered into this day of , by and between William Gietema Jr., acting by and through MEADOWBROOK LAND PARTNERS, LTD, hereinafter referred to as "Landowner", the MEADOWBROOK PLACE HOA, 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 10.0 acre tract located in the D.C. Harrison Survey, Abstract 658, Tarrant County, Texas according to the deed recorded under Instrument Number D217086392, 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 Meadowbrook Place 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 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the FOFFICIALRECORDSTORMWA2RFACILITY MAINTENANCE AGREEMENT RETAa 1 TH,TX 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, access roads, etc. Components of the Facility, which need maintenance or STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 11/17/2016 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 identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. STQRMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 11/17/2016 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 on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 11/17/2016 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and o(�WC �u�(�lta �+^ l�� obligations of ✓das andowner hereunder shall expire and be of no furthers force or effect upon the transfer ("Transfer") by to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of doo"I'iA, PL ,M 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. 00-LaExecuted this /0 day of 200- L an d;o w n e ndowne City of F,Qrt Worth .J' �.� Jesus J. Chapa 4 'm"Name: Assistant City Manager Title: 650 &?g4L�C �P Approved as to Form and Legality Homeowners Association L� ssistant City Attory C Nam : 1 t— ATTEST e 71 f� Title: i✓ -`-`�- r OR City SecretaW ....AS. OFFICIAL RECORD CITY SECRETARY ff.Wo"No TX STORMWATER FACILITY MAINTENANCE AGREEMENT CJ Rev.11117/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �� by Jesus J. Chapa, Assistant City Manager of the City of Fort Worthk on behalf of the City of Fort Worth. MARIA S SANCHEZ p/ly Cc,nmission Expires December 19.2017 /hlltlk-� No ary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRA i fP LAS§ fore me, the undersigned authority on this Aa� day of ��— 20 ersonally appeared 22d e�P,4JJAf AbZhV,& "t,4al l�'l���I'lilli �il' ,�l�llil''�l�il�Ol����1"444 own to me to be the person wase nam6 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 and as the act of such and for the purposes and consideration expressed in the foregoing instrument. *' KIM TORBERT r *__ My Notary ID#1482844 March 20,2020 Expires ota4Pblic, e of Texas STATE OF TEXAS § COUNTY OF+QTS§ Thi strume t was acknowledged before me on &,-"0/7by, authorized Vepresentative, acting on behalf of the Homeowners Association. EE - STORMWATER KIM TORBERTy Notary ID#1482844Notary P tic, of TexasExpires March 20,2020 FACILITY MAINTENANCE AGREEMENT 6 Rev. 11/17/2016 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. me of Employee Title O EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 i s w 0 z � U) m n v I 1 W 0) - N N N r J Ct) O r (h r I t V I I 0 X _ ti h o� io in - I z "u** 4 ;M z o �n c� N w [L N Cl)CINA O O' /^ I Q w co co u, Map OG 0 1 wn CO O CO v N O N z 1 m sr •Q Q� Q Z CO z cn CO CO i O I z99 0 Z r6,�ir;'"» =Pf f•v,! 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O Wm p d0 `' Ve II 1 ay 3Nb-I HON" CO .QjcV�a'2 0 O II 1 C9�kc�o c — -- a I I �'o �Z t 1 I 1 I Z 1 0 I EXHIBIT 'A' FIELD NOTES DESCRIPTION: 0.728 ACRE STORMWATER DETENTION POND FACILITY BEING a 0.728 acre tract of land situated in the D.C. Harrison Survey,Abstract Number 658, City of Fort Worth, Tarrant County, Texas, being a portion of that certain tract of land described by deed to MEADOWBROOK LAND PARTNERS, LTD., as recorded under Instrument Number D217086392, of the Official Public Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the southwest corner of the herein described tract, same being the intersection of the north line of Meadowbrook Drive, a variable width right-of-way, with the east line of Ranch Lane, a called 60 feet wide Public right-of-way; THENCE North 01 degrees 24 minutes 01 seconds East along the east line of said Ranch Lane, same being the west line of said MEADOWBROOK LAND PARTNERS, LTD. tract, a distance of 85.44 feet to a point for corner; THENCE departing the east line of said Ranch Lane, same being the west line of said MEADOWBROOK LAND PARTNERS, LTD. tract and continuing through the interior of same the following courses and distances; South 88 degrees 35 minutes 59 seconds East, a distance of 103.18 feet to a point for corner; North 48 degrees 52 minutes 16 seconds East, a distance of 42.59 feet to a point for corner at the beginning of a curve to the left; With said curve to the left having a radius of 50.00 feet, a central angle of 71 degrees 09 minutes 46 seconds, an arc length of 62.10 feet, a chord bearing of North 73 degrees 47 minutes 51 seconds East, a distance of 58.19 feet to a point for corner; South 88 degrees 35 minutes 59 seconds East, a distance of 219.97 feet to a point for corner; South 25 degrees 15 minutes 14 seconds West, a distance of 12.64 feet to a point for corner; South 09 degrees 05 minutes 35 seconds East, a distance of 35.51 feet to a point for corner; South 28 degrees 46 minutes 55 seconds West, a distance of 11.40 feet to a point for corner lying on the north line of said Meadowbrook Drive, same being the south line of said MEADOWBROOK LAND PARTNERS, LTD. tract; THENCE South 80 degrees 54 minutes 25 seconds West along the north line of said Meadowbrook Drive, a distance of 413.02 feet to the POINT OF BEGINNING containing 31,727 square Feet, or 0.728 of an acre of land. The Basis of Bearings for this survey is based on the Texas Coordinate System of 1983, Texas-North Central Zone(4202). "Surveyors Certification` I, Brian J. Maddox, Registered Professional Land Surveyor Number 5430, State of Texas, do hereby certify to that this description and the sketch att hed hereto were prepared from the public records and from an actual survey made on the und. OF TF,�, Brian J. Maddox, »• R.P.L.S. No. 5430 �R`Ay, ijppOX MADDOX SURVEYING & MAPPING INC. 90 5430 fie. P.O. BOX 2109 �'••:�fss��•'0� FORNEY, TEXAS 75126 (972 564-4416 Firm Registration No. 10013200 PAGE 2 OF 2 APRIL 24, 2017 ZOOSICDV#1:)afOJd eilsaM 86888$88$$8888886 R8$S t UP ig 929 ---------------------- ----- 0 W�NN Mi*,-090 �mp;t;� E a N 5 i1- M k. 1 1. E h a 2 a 4'a b E 91 % U E < UO 9y5 $ i € a $ _� s i 1 R CL F- 0 0 :5 etc 0 cc flE co < SI a All RI 0 o ILL oz Aj LU UME 1J;ti fil M Ph! 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I. o1. m m��io Nx2�°Wu' f 0z � j e f U O O p (L a m c') =f ai 3 Cl o Jw id ,09) - - -- �� 1 oa o m� NV8 1 a - U w N�m � w o 1 >Io��NAy- uI'm 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 8 Rev.11(17(2016 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 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev,11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev. 11/17/2016