HomeMy WebLinkAboutContract 51460CITY SECRETARY
CONTRACT NO. 5 1 T
CPN # 101547
RECEIVED STORMWATER FACILITY
OCT 26 2018 MAINTENANCE AGREEMENT
Cr[Y OF FORT wnnri-I
CITYSFCR'r%'
THIS AGREEMENT, made and entered into this ;Xy of + . , 2018, by
and between Quail Valley Devco II, LLC, acting by and through its undersigned officer,
hereinafter referred to as "Landowner", the Walsh Homeowners Association I, 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 0.0844 acre tract located in the International & Great Northern Railroad
Co. Survey, Abstract 1996, Parker County, Texas according to the deed recorded in
Document No. 201815085, Deed Records, Parker 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 FP -18-053, known as Walsh Ranch Quail
Valley Planning Area 2, 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
OFFICIAL ri,F(_1`L11
Uky
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014
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 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,
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 05/14//2014
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 05/14//2014
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 05/14//2014
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 Quail Valley Devco II, LLC, as Landowner hereunder, shall
expire and be of no further force or effect upon the transfer ("Transfer") by
Landowner to the Association of legal title to the Facility Property, save and
except for any liabilities, indemnities and obligations of Quail Valley Devco II,
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 this day of Aber,018.
Landowner
Quail Valley Devco II, LLC,
a Texas limited liability company
By: RPG QVR, LLC
a Texas limitel liability company
Name: fil
le&—, -
Title: C, - C
City of Fort Worth
�r
Assistant City Manager
Approved as to Form and Legality
Homeowners Association
Walsh Homeowners Association I, Inc.
Assistant City Att rney
Name: 0 T ij,'-ATTEST
X
Title:
cCS�
TEO,
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014
. 10-acl14g
M&C: OFFIUAL RECORD
CITY SECRE ARA
12950 FT WORTH, TX
STATE OF TEXAS
COUNTY OF TARRANT
s�sT�iis iinstruanent was acknowledged before me on Oth4l by
ssistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
STATE OF TEXAS
COUNTY OF DALLAS
w
ota Public, State of Texas
Before me, the undersigned authority on this 1-74' day of September, 2018,
personally appeared Jake Wagner, the Co -CEO of RPG QVR, LLC, the manager of Quail
Valley Devco II, LLC, 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 Quail Valley
Devco II, LLC, and that he executed the same as its Co -CEO and as the act of such limited
liability company and for the purposes and consideration expressed in the foregoing
instrument.
ANNA. MILES
t
=�•' Notary Public, State of Texas
TNS �Qe Comm. Expires Oa -10-2021
Notary ID 131241459
r"m
STATE OF TEXAS
COUNTY OF DALLAS
Notary Public, State of Texas
This instrument was acknowledged before me on T I � - a019 by, Jake
Wagner, Vice President of Walsh Homeowners Association I, Inc.,authorized
representative, acting on behalf of the Walsh Homeowners Association I, Inc.
ANNA MILES
Notary Public, State of Teras
Comm. Expires 08-10-2021
Notary ID 131241459
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014
Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
PY °
*: *'
MARIA S. SANCHEZ
My Notary I # 2256490
:NrF of
Expires December 19, 2021
STATE OF TEXAS
COUNTY OF DALLAS
w
ota Public, State of Texas
Before me, the undersigned authority on this 1-74' day of September, 2018,
personally appeared Jake Wagner, the Co -CEO of RPG QVR, LLC, the manager of Quail
Valley Devco II, LLC, 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 Quail Valley
Devco II, LLC, and that he executed the same as its Co -CEO and as the act of such limited
liability company and for the purposes and consideration expressed in the foregoing
instrument.
ANNA. MILES
t
=�•' Notary Public, State of Texas
TNS �Qe Comm. Expires Oa -10-2021
Notary ID 131241459
r"m
STATE OF TEXAS
COUNTY OF DALLAS
Notary Public, State of Texas
This instrument was acknowledged before me on T I � - a019 by, Jake
Wagner, Vice President of Walsh Homeowners Association I, Inc.,authorized
representative, acting on behalf of the Walsh Homeowners Association I, Inc.
ANNA MILES
Notary Public, State of Teras
Comm. Expires 08-10-2021
Notary ID 131241459
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014
Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT "A-1"
WALSH RANCH - QUAIL VALLEY - PLANNING AREA 2
STORM WATER FACILITY MAINTENANCE AGREEMENT
PRIVATE DRAINAGE EASEMENT 1-C
BEING a tract of land situated in the International & Great Northern Railroad Co.
Survey, Abstract No. 1996, Parker County, Texas, and being a portion of that certain
tract of land described in instrument to Quail Valley Devco II, LLC, as recorded in
Document Number 201815085, of the Official Public Records of Parker County, Texas
(O.P.R.P.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found with plastic cap stamped "Huitt-Zollars" at
the northwest corner Walsh Avenue (a 106 foot wide right of way) as shown on the final
plat of WALSH RANCH, QUAIL VALLEY, LOT 1, BLOCK AK & WALSH AVENUE
ROW, an addition to the City of Fort Worth, Parker County, Texas, as recorded in
Cabinet D, Slide 654 of the Plat Records of Parker County, Texas (P.R.P.C.T.)
THENCE, along the west right of way line of Walsh Avenue, South 07 degrees 09
minutes 34 seconds East, a distance of 92.15 feet to a 5/8 inch iron rod set with plastic
cap stamped "Huitt-Zollars", from which a 5/8 inch iron rod found with plastic cap
stamped "Huitt-Zollars" bears South 07 degrees 09 minutes 34 seconds East, a
distance of 13.85 feet for the southwest corner of said Walsh Avenue, and also being
the beginning of a non -tangent curve to the right having a central angle of 24 degrees
33 minutes 59 seconds, a radius of 1053.00 feet, subtended by a 448.04 foot chord
which bears North 72 degrees 16 minutes 59 seconds West;
THENCE, over and across said Quail Valley Devco II tract, the following courses:
Along said curve to the right an arc distance of 451.49 feet to a 5/8 inch iron rod
set with plastic cap stamped "Huitt-Zollars";
North 60 degrees 00 minutes 00 seconds West, a distance of 217.50 feet;
North 30 degrees 00 minutes 00 seconds East, a distance of 91.50 feet to the
POINT OF BEGINNING;
North 60 degrees 00 minutes 00 seconds West, a distance of 111.50 feet, and
being the beginning of a curve to the left having a central angle of 06 degrees 17
minutes 23 seconds, a radius of 1192.50 feet, subtended by a 130.84 foot chord
which bears North 63 degrees 08 minutes 41 seconds West;
Along said curve to the left an arc distance of 130.91 feet to a 5/8 inch iron rod
set with plastic cap stamped "Huitt-Zollars";
North 22 degrees 02 minutes 22 seconds West, a distance of 9.28 feet to a 5/8
inch iron rod set with plastic cap stamped "Huitt-Zollars";
Page 2 of 3
BSurvey\303Q61QQ-Walsh Ranch\02-Quail Valley\PHASE 3 -Planning Area II\offsite esmts\wp\20180904 SWFMA DESC PDE 1-C,docx
EXHIBIT "A-1"
North 22 degrees 09 minutes 00 seconds East, a distance of 8.01 feet, and being
the beginning of a non -tangent curve to the right having a central angle of 06
degrees 36 minutes 57 seconds, a radius of 1207.00 feet, subtended by a 139.29
foot chord which bears South 63 degrees 18 minutes 28 seconds East;
Along said curve to the right an arc distance of 139.37 feet to a 5/8 inch iron rod
set with plastic cap stamped "Huitt-Zollars";
South 60 degrees 00 minutes 00 seconds East, a distance of 118.00 feet to a 5/8
inch iron rod set with plastic cap stamped "Huitt-Zollars";
South 30 degrees 00 minutes 00 seconds West, a distance of 8.00 feet to a 5/8
inch iron rod set with plastic cap stamped "Huitt-Zollars";
South 75 degrees 00 minutes 00 seconds West, a distance of 9.19 feet to the
POINT OF BEGINNING and CONTAINING 0.0844 of an acre or 3,675 square
feet of land, more or less.
BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM 1983 (2011).
For Huitt-Zollars, Inc.
Mitchell S. Pillar
Registered Professional Land Surveyor
Texas Registration No. 5491
Huitt-Zollars, Inc.
Firm Registration No. 10025600
1717 McKinney Avenue, Suite 1400
Dallas, Texas 75202-1236
Ph. (214) 871-3311
Email: pillar@huitt-zollars.com
Certification Date: September 4, 2018
Page 3 of 3
J: 1Survey130306100-Walsh Ranch102-Quail ValleyTHASE 3 -Planning Area lhoffsite esmtslwp120180904 WMA DESC PDE 1-C,docx
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NP-832A
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 11
Rev. 05/14//2014
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 05/14//2014
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 13
Rev. 05/14//2014