HomeMy WebLinkAboutContract 51461CITY SECRETARY
CONTRACT N0.
OE #
RECEIVED
OCT 2 6 2018
CITY OF FORT WORTH
CITYSECRETARY STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into thisV 0 -
day of ,
by and between 351 Development, LLC., hereinafter referred to as
"Landowner", Live Oak Creek Owners 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 32.785 acre tract located in the J.T. Allen Survey, Abstract Number 67,
Tarrant County, Texas according to the deed recorded in Instrument Number
D218023280, 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 Creek, Phase 5 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
Landowner, its successors and assigns, including Association, the locati n and dimensions
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TD(
Rev. 11/17/2016
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 necessM 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 351 Development, LLC. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") by 351
Development, LLC. to the Association of legal title to the Facility Property,
save and except for any liabilities, indemnities and obligations of 351
Development, LLC. 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 thisR-day of 20 r
Laf1dUVVfleI
351 Deve pm t, LLC.
Name: Steve Gee
Title: Manager
Homeowners Association
: James
Title: President
City of Fort Worth
Jesus J. Chapa
Assistant City Manager
Approved as to Form and Legality
4�( b fq� L .n
Assistant City Attorny
ATTEST
M&C: NIS
1295:�f L_
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 55
Rev. 11/17/2016
STATE OF TEXAS
COUNTY OF TARRANT
PSG
�Thisrument was acknowledged before me on p ` qk eL X by
Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
M,� IA �. lsANCHEZ '
I : My Natary D # 2256490
Expire; Cecember 1 N
9, 2021 ot y Public; State of Texas
II'' TF Of t� r
STATE OF TEXAS §
COUNTY OF TARRANT
Before me, the undersi ped authority on this 9.nj day of
k11 4 , 20A personally appeared Steve Gee, 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 351 Development, LLC. Manager of 351 Development, LLC.
and that he executed the same as its Manager and as the act of such and for the purposes
and consideration expressed in the foregc
STATE OF TEXAS
COUNTY OF TARRANT
..... ANNA KRISTEN HD—S��
r°
.=Notary Public. State of texas
Comm. Expires 10-26-202t
Notary ID 131329720
This instrument was acknowledged before me on (
Stephen Gee, authorized representative, acting on behalf of
Association, Inc..
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
1i U
by, James
f Texas
`�rrrrr''' ANNA KRISTEN
r�` BQT2Y
L RECORD
?� Notary Public, Stat
Comm. Expires 10 CRETARY
Notary ID 1313 RTH, IFX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
EXHIBIT "A"
DESCRIPTION OF A
SWFMA AREA
BEING a tract of land situated in the F.W. Schoeverling Survey, Abstract Number 1398, 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:
BEGINNING at a 3/4 inch iron rod found at an ell corner in the north line of said L.O. Haywire
Investment tract, being the southwest corner of that tract of land described by deed to Wilkinson
Highland Farm, LLC., recorded in Instrument Number D213047282, said County Records and
being the southeast corner of that tract of land described by deed to Anthony 2007 Irrevocable
Asset Trust recorded in Instrument Number D216296175, said County Records;
THENCE N 89052'55"E, 972.54 feet, with the north line of said L.O. Haywire Investments tract
and the south line of said Wilkinson Highland Farm tract, from which a 1 inch pipe found at the
northeast corner of said L.O. Haywire Investments tract bears N 89°52'55"E, 872.20 feet;
THENCE S 00029'40"E, 20.96 feet, departing said common line over and across said L.O.
Haywire Investments tract;
THENCE S 89030'20"W, 131.24 feet;
THENCE S 87°11'15"W, 67.02 feet;
THENCE S 83053'07"W, 67.01 feet;
THENCE S 07047'30"E, 120.00 feet, to the beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 22.92 feet, through a central
angle of 01°16'52", having a radius of 1025.00 feet, the long chord which bears S 81°34'03"W,
22.92 feet;
THENCE N 09004'23"W, 120.00 feet;
THENCE S 88044'49"W, 117.89 feet;
THENCE S 01 ° 15'11 "E, 129.17 feet, to the beginning of a non -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 69.31 feet, through a
central angle of 04032'19", having a radius of 875.00 feet, the long chord which bears
N 88°59'01 "W, 69.29 feet to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left, an arc distance of 478.34 feet, through a central
angle of 35008'14", having a radius of 780.00 feet, the long chord which bears S 75043'01"W,
470.88 feet;
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THENCE N 79012'35"W, 14.65 feet, to the beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 106.46 feet, through a
central angle of 02°59'50", having a radius of 2035.00 feet, the long chord which bears
N 37049'29"W, 106.44 feet;
THENCE N 39019'24"W, 126.28 feet;
THENCE N 50041'21"E, at 19.83 feet a 1/2 inch iron with plastic cap stamped "JBI" found at
an ell corner of said L.O. Haywire Investments tract, being the southwest corner of
aforementioned Anthony 2007 Irrevocable Asset Trust, in all 152.18 feet to the Point of
Beginning and containing 141,455 square feet or 3.247 acres of land more or less.
"Integral parts of this doctunent"
1. Description — 2 Pages
2. Exhibit
Peloton Job No. GEE17005 Tracking No. na
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EXHIBIT "A"
DESCRIPTION OF A
SWFMA AREA
BEING a tract of land situated in the J.T. Allen Survey, Abstract Number 67 and the F.W. Schoeverling
Survey, Abstract Number 1398, 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 a 1/2 inch iron rod with plastic cap stamped "JBI" found in the south line of
said L.O. Haywire Investments tract, being in the north line of Live Oak Creek, Phase 1, Section
1, an addition to Tarrant County recorded in Cabinet A, Slide 12888, said County Records, being
the northeast corner of Lot 19, Block O, said Live Oak Creek and being the northwest terminus
of Haywire Ranch Road (a variable width right-of-way), the beginning of a curve to the left,
from which a 1/2 inch iron rod with plastic cap stamped "JBI" bears N 83'34'1 4"E, 40.10 feet;
THENCE departing said common line over and across said L.O. Haywire Investments tract with
said curve to the left, an arc distance of 92.22 feet, through a central angle of 02'42'10", having
a radius of 1955.00 feet, the long chord which bears N 11°53'45"W, 92.22 feet to the POINT
OF BEGINNING;
THENCE S 76045'1 0"W, 20.00 feet, to the beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 36.93 feet, through a central
angle of 01 005'37", having a radius of 1935.00 feet, the long chord which bears N 13047'39"W,
36.93 feet to the beginning of a non -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 142.45 feet, through a
central angle of 25054'37", having a radius of 315.00 feet, the long chord which bears
N 88020'28"W, 141.24 feet to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left, an arc distance of 401.11 feet, through a central
angle of 12°56'51", having a radius of 1775.00 feet, the long chord which bears N 81°51'35"W,
400.25 feet;
THENCE N 04049'29"E, 59.38 feet;
THENCE S 85010'31"E, 124.37 feet;
THENCE S 83010'41"E, 99.08 feet;
THENCE S 80036'18"E, 120.44 feet;
THENCE S 77°51'25"E, 150.30 feet;
THENCE N 58024'06"E, 31.78 feet, to the beginning of a non -tangent curve to the left;
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THENCE with said non -tangent curve to the left, an arc distance of 687.82 feet, through a
central angle of 20°22'00", having a radius of 1935.00 feet, the long chord which bears
N 26027'39"W, 684.21 feet;
THENCE N 53°21'21"E, 20.00 feet, the beginning of a non -tangent curve to the right, from
which a 1/2 inch iron rod with plastic cap stamped "JBI" found at an ell corner in the north line
of said L.O. Haywire Investments tract bears N 14013'18"W, 240.37 feet;
THENCE with said non -tangent curve to the right, an arc distance of 798.33 feet, through a
central angle of 23023'49", having a radius of 1955.00 feet, the long chord which bears
S 24056'45"E, 792.79 feet to the Point of Beginning and containing 46,967 square feet or 1.078
acres of land more or less.
"Integral parts of this document"
1. Description — 2 Pages
2. Exhibit
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Peloton Job No. GEE17005 Tracking No. na
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Basis of Bearing is the Texas Coordinate System
North Centrol Zone 4202, NAD 83
IRF • Iron Rod Found
I
Anttw y 2007 Irrevocable / ' —
Asset Trust �.
Inst. • D216296175
CR.T.C.T. (�'RF
i
L.O. Haywire Investments, L.P. o
Inst." D216297240
C. R. T.C.T.
N530 21'21"E
20.00'
Approximate Survey Line
0 - 200 22'00-
R
2'00"R - 1935.00'
L - 687.82'
L1 N580 24'06"E LC- N260 27' 39"W
31.78' 684.21'
N040 49'29"E
59.38'
-—JA
Derringer Trail
o
live Oak Creek i —
Phase I. Sect/an /
Cab. A, Std. 12888
CR.T,C•T.
w
w
w
o �'?
_
:r o0
0D
W) N
00
° an
►'� O
N
W)000
° N
C2
ul
N�
1 36.93'
N 13.47' 39" W
36.93'
W!lklnson HlgNand Form,LLC.
Inst.• D213047282
C.R.T.C.T, nXT
._.—._.—._._ 0 200 400
GRAPHIC SCALE IN FEET
"Integral parts of this document"
1. Description - 2 Pages
2. Exhibit
BUR
�I (gyp NMPADER V, vl 17•
oe
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
BEARING
DISTANCE
C1
02.42' 10"
1955.00'
1 92.22'
N 11'53'45" W
92.22'
C2
01-05-37"
1935.00'
1 36.93'
N 13.47' 39" W
36.93'
C3
25.54' 37"
315.00'
1 142.45'
N 88° 20'28" W
141.24'
0 - 23023'49"
R - 1955.00'
L - 798.33'
LC- S240 56'45"E
792.79'
Zo No L.O. Haywire Investments, L.P.
M Inst.* D216297240
6 C. R. T. C. T.
L1 Point of
Beginning
A.
A - 12° 56' 51"
R - 1775.00'
L - 401.11'
C3 C2
Point of t
Commencing 40
T LC- N810 51'35"W S760 45'10"W
400.25'
C1 "j �A
1
20.00' !RF T /RF �'
7 1 6 5
-�-, —
4
•A�
L
�
N83* 34'14"E Q
�
40.10'
/ _
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fJ9
v tX I/ I I I 7 1 8 1 9
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[' q 12 13 14 1 5 I I
6
�- •
" a Uve Oak Creek
(Phase 3A1
9cP
O l6/nsr.•
/ 17
12
~ p4 Wax Myrtle Trail /7259923
CR.T;C.T.
l8
_ l
GES .
2
Live Oak Creek I '� I lO i 3
:r
/
Phase 1, Secilan I JJ
Cob. A. Std. 12888 a1
iL
CR.T,C.T, 04
,-,,-
P E LOTO N
LAND SOLUTIONS
9800 HILLWOOD PARKWAY, SUITE 254 JOB # HWA17005
CnPT-TM --><1» Ou fe-1T_SC��9cn
Exhibit "B"
SWFMA AREA
Situated in the J.T. Allen Survey, Abstract Number 67,
and the F.W. Schoeverling Survey, Abstract Number 1398,
Tarrant County, Texas.
BY: D. Freemon (CHECKED BY: T. Bridaes 1 DATE: 07-17-18 (PAGE # 1 of 1
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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 -
Rap
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