HomeMy WebLinkAboutContract 49662 CITY SECRETARY '
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
by and between L.O. Haywire Investments LP, hereinafter referred to as
"Landowner", Live Oak Creek Owners Associate, 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 90.927 acre tract located in the J.T. Allen Survey, Abstract Number 67,
Tarrant County, Texas according to the deed recorded in Instrument Number D206260623
County 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 Live Oak, Phase 3A 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 1 ? 3
Landowner, its successors and assigns, including Association, the location and nsions `s,d
o -o c
OFFICIAL RECORD °' El `O
STORMWATER FACILITY MAINTENANCE AGREEMENT p D 1 < p
Rev.11/17/2016 o M
CITY SECRETARY
FT.WORTH,TX `-
x o -
°° t .JL,
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
replacement to perform their design function, shall be noted in the inspection
report along with the corrective actions to be taken.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
obligations of L.O. Haywire Investments L.P. as Landowner hereunder shall
expire and be of no further force or effect upon the transfer ("Transfer") by
L.O. Haywire Investments L.P. to the Association of legal title to the Facility
Property, save and except for any liabilities, indemnities and obligations of
L.O. Haywire Investments 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.
Executed this Wday of�' 2011.
Landowner City of Fort Worth
L.O. e Investments LP
��j
General Partner
L.O. Haywire GP LLC Jesus J. Chapa
A Texas limited liability company Assistant City Manager
Bob C. Ladd, Manager Approved as to Form and Legality
L Oak Creek ner ciation, Inc.
'Assistant /City At rney
me: James Ste en Gee TTEST
Title: President %P
As Ci Secretary 'r'•�
I7N-0M&7cREQUIRED V
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 2 Eby
Jesus J. Chapa,Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
TRIKINYA L JOHNSON
14
14B'.
?0 `�=Notary Public, State of Texas
+� Comm. Expires 04.17-2018 Notaryublic, St e of Texas
Notary ID 1238832-0
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day of
SEPT ' 20L7, personally appeared Bob C. Ladd, 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 L.O. Haywire GP LLC, General Partner of Haywire
Investments LP, and that he executed the same as its Manager and as the act of such and
for the purposes and consideration expressed in the foregoing instrument.
5"R'� JANEY BARRETT
NotaryID# 1120165
My Commission Expires Not Public, State of Texas
July 13,2018
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on September 13, 2017 by,James Stephen
Gee, authorized representative, acting on behalf of Live Oak Creek Owners Association,
Inc..
L
JANEY BARRETT
Notary ID # 1120165
My Commission Expires Nota ublic, tate of Texas
July 13,2018
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.1111712016
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.
JILe S. Morales
Development Manager
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
EXHIBIT"A"
DESCRIPTION OF A
SWFMA AREA
BEING a tract of land situated in the J.T. Allen Survey, Abstract Number 67, City of Fort
Worth, Tarrant County, Texas,being a portion of that tract of land described by deed to L.O.
Haywire Investments, L.P.recorded in Instrument Number D216297240, County Records,
Tarrant County,Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at the southeast corner of said L.O. Haywire tract,being the northeast corner
of that tract of land described by deed to Gene A. Thompson recorded in Instrument Number
D210259828, said County Records, and being in the west line of that tract of land described by
deed to Westpoint Investors, L.P.recorded in Instrument Number D204187877, said County
Records;
THENCE N 00029'42"W, 1336.52 feet, with the east line of said L.O. Haywire tract and the
west line of said Westpoint Investors tract,from which the northeast corner of said L.O. Haywire
tract bears N 00029'42"W, I722.35 feet;
THENCE S 89030'1 8"W, 393.00 feet, departing said common line over and across said L.O.
Haywire tract to the POINT OF BEGINNING;
THENCE S 89016'40"W, at 19.10 feet the east line of that tract of land described by deed to
351 Development, LLC.,recorded in Instrument Number D216297239, said County Records, in
all 133.67 feet;
THENCE N 45043'20"W, 14.14 feet,with said east line;
THENCE N 00043'20"W, 387.80 feet, with said east line;
THENCE departing said east line over and across said L.O. Haywire tract the following
bearings and distances:
N 89010'30"E, 124.71 feet;
S 00049'30"E, 377.97 feet;
THENCE S 43004'1 9"E,27.14 feet to the Point of Beginning and containing 49,898 square
feet or 1.146 acres of land more or less.
"Integral parts of this document"
L Description
2.Exhibit
Peloton Job No.GEE 16003 PHI
FTW September H.
G:JOB`GEE I6003_HAYWIRE_RANCH SUR,EASERIENTS LEGA I.S,GEEI0002_EAI.DOCX Page I of I
ai
W
N
WIlklnson H)gNond Form,LLC
3
A Me.* D213W282
m l d Q ( CAT.C.T.
0 0 100 200
GRAPHIC SCALE IN FEET
� I I
"Integral parts of this document"
1.Description c� •c
2.Exhibit
N890 10,30"E AV
--- 124.71d
N00°43'20"W [Q Q i c ^ I
10.24' °CS'
o
a �146j I
00
114 Acres L.O. Haywire Investments, L.P.
351 Development,LLC. Inst." D 2162 9 7 2 4 0 LM 31
Inst.' 0216297239 C.R.T.C.T. &4
CAT.C.T. W
0 CN
p I X
N
ZI �Nti
e o I oo
O 0 j � Q 1• V
Z m�
i 3
S430 0419"E
19.10' 27.14' I
589°30'18"W
S89° 16'40"W I 393.00'
N450 43'20"W 133.67' LO
! I N
14.14' Point of 11)
Beginning
0
"0 3
t N
I011
o O
Point of O
I Commencing
0 Z
b Gene A Thompson
CL Inst.• D210259828
CAT.C.T.
Exhibit "B"
SWFMA AREA
H:11 P E LOTO N Situated in the J.T. Allen Survey, Abstract Number 67,
rLAND SOLUTIONS City of Fort Worth, Tarrant County, Texas.
9800 HILLWOOD PARKWAY,SUITE 250 JOB#GEE1600$ DRAWN BY: D.Freemon CHECKED BY:T.Bridges DATE: O4.�g.t7 PAGE#1 of 1
FORT WORTH,TEXAS 76177 PH#817-562-3350 9
\JOB\GEE16003_Haywire-Ranch\5ur\Easements\GE 16003_EAt,dgn Oelault 9/11/2017 11:36:20 Am
EXHIBIT G°A"
DESCRIPTION OF A
SWFMA AREA
BEING a tract of land situated in the J.T.Allen Survey,Abstract Number 67,City of Fort Worth,Tarrant
County,Texas,being a portion of that tract of land described by deed to L.O.Haywire Investments,L.P.
recorded in Instrument Number D216297240,County Records,Tarrant County,Texas,and being more
particularly described by metes and bounds as follows:
COMMENCING at the southeast corner of said L.O.Haywire tract,being the northeast corner of that
tract of land described by deed to Gene A.Thompson recorded in Instrument Number D210259828, said
County Records,and being in the west line of that tract of land described by deed to Westpoint Investors,
L.P.recorded in Instrument Number D204187877,said County Records;
THENCE N 00029'42"W, 1254.08 feet,with the east line of said L.O. Haywire tract and the west line of
said Westpoint Investors tract, to the POINT OF BEGINNING;
THENCE S 89030'49"W, 329.06 feet,departing said common line over and across said L.O.Haywire
tract;
THENCE NORTH,57.50 feet;
THENCE S 89012'45"W,61.64 feet;
THENCE N 43004'19"W,32.36 feet,to the east line of that tract of land described by deed to 351
Development, LLC., recorded in Instrument Number D216297239,said County Records;
THENCE N 0004234"W, 1.31 feet,with said east line;
THENCE N 89016'40"E, 19.10 feet,departing said east line over and across said L.O.Haywire tract;
THENCE S 43"04'19"E, 13.82 feet;
THENCE N 89012'45"E,55.21 feet;
THENCE NORTH,49.88 feet;
THENCE N 89030'49"E, 328.01 feet,to the aforementioned common east line of said L.O. Haywire
tract and the west line of said Westpoint Investors tract,from which the northeast comer of said L.O.
Haywire tract bears N 00°29'42"W, 1682.41 feet;
THENCE S 00029'42"E, 122.38 feet,with said common line to the Point of Beginning and containing
41,442 square feet or 0.951 acres of land more or less.
"Integral parts of this document"
I.Description
2.Exhibit
Peloton Joh No.GEE 16002 Phase I
FTW September 11,2017
G:JOB GEE I6003_HAYWIRE_RANCH,SUR%EASEMENTS'\LEGALS�GEE16002_EA2.DOCX Page I of I
m
-c,
T
W1Ik1nson Hlghtond Form,LLC
A y
Inst.1 D20047282
Iq 1®J CR.T.C.T.
b o 100 200
— $ - - -
GRAPHIC SCALE IN FEET Ii
$ "Integralparts of this document" I �i
1.Description
2.Exhibit
L.O. Haywire Investments, L.P.
G� a
Inst.* D216297240 '
C.R.T.C.T. I
I d Ij N�
• I �o�
V v Z' "
9•�� NORTH I 3
Q 49.88' N890 30'49"E 328.01'
L4 L5 ( w
I N
..... L6 ++ 60
L3 i 0.951 Acres N n
L2 I L1 o
N a
351 Development,LLC. a
Inst.• D216297239
CR.T.C.T. { 5�5Q• S890 30'49"W 329.06' rC2?
60
I
I Point of 9 g
L
Beginning N czg a
LIM
LINE TABLE
NO. BEARING DISTANCE
L1 S 89112'45" W 61.64' ' t X
L2 N 43°04'19" W 32.36'
L3 N 00'42'34" W 1.31' I
L4 N 89°16'40" E 19.10'
E I ao
L5S 43°04'19" E 13.82' o I Q
L6 N 89°12'45" E 55.21'
t o
n I Point of o
ti Commencing
---------------
Gene ALThompson
o lnst.• D210259828
CR.T.C.T.
r
c
3
n
N
0
c
N Exhibit "B"
I
H
SWFMA AREA
=:'i P E LOTO N Situated in the J.T. Allen Survey, Abstract Number 67,
LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas.
9800 HILLWOOD PARKWAY SUITE 250 JOB#GEE1616 003 DRAWN BY: D.Freeman CHECKED BY:T.Brill es DATE: 0420-17 MAGE#1 of 1
FORT WORTH,TEXAS 76177 PH.it 817-562-3350
G�\JOB�CEE16003_HOyw�re_RO�th\SUrV—emer,Is�GEE16007_EA2.dv 000.1; /11/2017 11:35:09 AM
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.05/14/12014
( �
w Z
� woQm
f 1CL
LLI
wo
low \
I� ^ — \
IN
�l►,. )�! l)LL
�► 00
. .�
(WD 00
� wr�� �/�
0 LL
~ U'► w 1
j j�/'w �
LL
\ mw� iL
waw \ / rnU) w QQUgQ
LP _
O o
86£ a
LL —
�)� 06L _ C-i \
/ b
/n`'� /� j �� POND QD m ti
/.�/ ��— T 06L
,° sD� Z
waw U) =
OLL
U2o wLL O o
CM
1 �
w
U)
W U) J Q N
Q W = m
� Jp a' m
pQzQX
~ � O 0 W
Z W
o >
ao �
QZWD U. J
J Z .
(LLLFO
wit 0LL
t)CLUO
z }
w e[
w
w MOH-
2
Oa — —
WN
M I I U
I N
00
7
/ i ff c
O) cd
o °aI o�,
I `a 0w0 I ��
I a`�w m
c 0:w
z Q �+ z
Q i O Z
U
i _0 � I
Z I Z W
D
I } Uco
z l w
I U)
Z
W I/ o I OQ
o wI
oQ� z a U)w F o(5 z „
I a a w I a O o i
I O A
I
a O o
a
M'O' — r U) b
w
-PT M
w �
� u W
z3u o1- m `11' � aoS3 N8agt � 8ppgpp � 8Qp2a a $ 8Qo ^v Cn
0 0 Q N rn z W n .-i .ti pp tV fV 0^0 .� fV f� v °.� n° 1� v/
w3 Z
ppp 5 Q w = m
Y O Q a0 z U_ V V U z z `/
OC Q LL _ LL O O / _�
cc z cc z cc z w
a W a^ z s Q O O O O O O a C J_ J m
> z F P a G T
d J O Q Q Q W z
3 z N W H > W W F H H LL
Q O J w a Q X
0 Q z (yy/ H W H W F- W O Q W w W W O
Q O LL ttY�Y��I O1 p�� z u C J J 1L 4L F IJ. F- F- O K �j x > > W
Z LL w F- z z < O
� - o a � > a ,, > Q ,, > az ., � U
a., z ? � zz C,
o Q
W
\/
O y] Q ~ N
J LL p.j i ryj tT 1n 1� �q N _
v Ln 1,m'^ p� O n cQ}1 in
DzF
7 Q N w
D Q
z w Q c w u Y V ` o
O ^
o x
O zO m a° Q° o ` 'S x a`i a`)
F z d W . u J
z0 a- O u
w � u7 2 N `J a �n N a!
co
a � = Ww
z
VO w
an . Lntni. pcoLpnkcORC,
U N@ko W Obi .N+
V ! u
z C O
U YI Yf Y w
d W
N I to O w e l N 0 w N kO N 1, enaa
W Ol O'.0 3 J 0 0 0 0 0 0 � � t4 t4 m cf O
z 0,0 - O O
g Q
a;a O
a 'O 0- 0
O
CL
o
CL Q a C C C C O O C C 0 0 0 0
I !
z
F ^ O O O O O O O O O O O N
J
W
.
w W
a u _
\ z Z Z
\ Q O O
43 3
OuJh „ O M
Qom �" \ Z o
O
a C
N J
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"
CITY OF FORT WORTH STORMWATER FACILITY CHECKLISTS
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.05/14//2014
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Ra
Condition of
filtrations stem
Berm or
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.05/14//2014
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 12
Rev.05/14//2014