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HomeMy WebLinkAboutContract 36079 (2) CITY SECRETAR'� CONTRACT NO. _.. STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of �� d W_7` by and and between CL Texas, L.P., a Texas Limited Partnership, acting by and through its general partner CL Texas I GP, L.L.C., hereinafter referred to as "Landowner", the Summer Creek Ranch Homeowners Association 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 9.85 acre tract located in the Antonio Castillo Survey, Abstract 272, Tarrant County, Texas according to the deed recorded in Volume 16835, Page 316, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit"A"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 Summer Creek Ranch Section XII, Phase B 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 Vac City of Fort Worth, Texas require that on-site Storm Water Management Facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including Association; and - 1 - M:Uds\Lumbermen\Summer\Phase XIIThase B00CSOetention Pond Maintenance Agreements\Detention Pond Maintenance Ageement.doc � ORIGINAL WHERE S, the Facility shall be located on the Property; and 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 maintain the on-site Storm Water Management Facility("Facility") at no expense to the Cit of Fort Worth in accordance with the design specifications for the Facility an the current standards then in force and effect in the City of Fort Worth and it the Operations and Maintenance Plan attached to this Agreement as Exhibit "B". 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 "C", are to be used to establish what good working condition is acceptable to the City. 2. The Lando er 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 Property and to inspect the Facility 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. - 2 - M:uds\Lumbermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc 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 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. 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 AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE AND DO 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 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) 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 covenant and agree 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 - 3- M:\Ids\Lumbermen\SummerNPhase XIIThase MDOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc drainage easement, which do not impede drainage. Landowner and Association covenant and agree 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 CL Texas L.P. ("CL Texas") as Landowner hereunder shall expire and be of no further force or effect upon the transfer("Transfer") by CL Texas to the Association of legal title to the Property, save and except for any liabilities, indemnities and obligations of CL Texas 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 oAPFLAU005. Landowner City CL Texas, L.P., a Texas Limited Partnership, City of Fort Worth By: CL Texas I GP,L.L.C., its general partner 10 By r Gary kQAbw arc A. Ott Vice President Assistant City Manager Summer Creek Ranch Homeowners Association Approved as to Form and Legality By: ary Mc Assistant 6ty Attorney President =51 2 ATTEST Contriact huthorizatioaf-Y\ ( City Secretary Date -4- M:\Ids\I.umbermen\.Summer\Phase XII\Phase BDOCSTetention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by 6.j_1 ' Assistant City Manager of the City of Fort ort , on behalf of the City );Fi,af Fort Worth.R�7i-xq �1,.nnr P, ELANE ......... MY COMMISSION EXPIRE` 426,2011 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF D T LAS § Before me the undersigned authority on this day personally appeared Gary McAtee, Vice President of CL Texas I GP, L.L.C, a general partner of CL Texas LP, a Texas Limited Partnership, 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 CL Texas LP, a Texas Limited Partnership, and that he executed the same as its General Partner and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instruument. nC, S a iI�DIN sI! h t <,� KARE�d .,,� * * Notary Public, State of Texas My Commission Expires N��TBOF4��P 02.01.2010 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on Ll to 1 Ob by Gary McAtee, authorized representative, acting on behalf o the Summer Creek Ranch Homeowner Association. n KAREN K. NORMANDIN � * Notary Public, State of Texas Notary Public, State of Texas My Commission Expires 9rFOF O 02-01.2010 5 M:Vds\Lumbermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc SUMMER CREEK RANCH PROPOSED DETENTION BASIN DESCRIPTION Being a 9.848 acre tract of land situated in the Antonio Castillo Survey, Abstract. No. 272, City of Fort Worth, Tarrant County, Texas and being a portion of that certain Tract 2 as described by deed to CL Texas, L.P. according to the deed recorded in Volume 16835, Page 316, Deed Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at-the southwest corner of that certain Lot 60, Block 32, Summer Creek Ranch, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 9102, Plat Records, Tarrant County, Texas and being on the proposed northerly right-of-way line of McPherson Boulevard, a proposed 120 foot wide right-of-way; Thence South 00027'38" West, at right angles and perpendicular to the southerly line of said Block 32, a distance of 120.00 feet to a point on the proposed southerly right-of- way line of said McPherson Boulevard; Thence North 8903222" West, with said southerly right-of-way line, a distance of 17.70 feet to the POINT OFl BEGINNING of the tract herein described; Thence South 00026'46" West, a distance of 147.98 feet to the beginning of a non- tangent curve to the left having a radius of 50.00 feet and long-chord bearing South 61°50'50"East, 99.96 feet; Thence along said curve in a southeasterly direction, through a central angle of 176°52'14", an arc distance of 154.35 feet; Thence South 13021'24" East, a distance of 117.58 feet; Thence North 75°16'01" East, a distance of 71.02 feet; Thence South 89032'22" East, a distance of 340.32 feet; Thence South 11017'22"West, a distance of 151.41 feet; Thence South 15025'42" East, a distance of 146.90 feet; Thence South 20°50'36" West, a distance of 159.03 feet; Thence South 34044'04" East, a distance of 172.45 feet; Thence South 89032'22" East, a distance of 341.67 feet; 12B-Detention Basin R.doc - Thence South 00010'29" East, a distance of 371.84 feet; Thence South 89°42'42"West, a distance of 390.56 feet; Thence North 000'17'18"West, a distance of 160.80 feet; Thence North 16021'55"West, a distance of 151.85 feet; Thence North 38022'24"West, a distance of 689.96 feet; Thence South 51°37'36"West, a distance of 115.00 feet; Thence North 3802224" West, a distance of 143.93 feet to the beginning of a curve to the right having a radius of 475.00 feet and long-chord bearing North 1805723" West, 315.82 feet; Thence along said curve in a northwesterly direction, through a central angle of 38050'02", an arc distance of 321.94 feet; Thence North 00027'38" East, a distance of 65.48 feet; Thence South 89032'22" East, a distance of 226.99 feet to the POINT OF BEGINNING and containing a computed area of 9.848 acres of land. 12&Detention Basin R.doc EXHIBIT "A" ss s2 TR T 2 SHEET 1 OF 1 s� s, CL TEXA L.P. V E s8 168 , SAGE 16 .o s9 ,° S° D.R. C.Ts•?s •o E C E R C A9 T. 1k 17 vN N ��16� 9 4�4 A s2 s m `� Q N CA �4 06` Y 6;o. C 40, Z 115,00. % 9 S5137'35■w E` Pt} �0 � co k PG 76 QG Q�LLJ 0 LINE TABLE 3 s �' .11 �1 LINE BEARING DISTANC 511.�5 L1 S13'21'24"E 117.58' Q O L2 N75'16'01"E 71.02' Y > ery L3 N00'27'38"E 65.48' ` L4 S00'27'38"W 120.00' L5 S8932'22"E 1 17.70' RAC 2�� �� 6 1 3 CL AS, P. OLU1 o, �� 16 P A 1 �0 &9 D. C.T. �? �IQ N �j CURVE TABLE 6� CHORD GY CURVE LENGTH DELTA RADIUS I BEARING CHORD Q cNi 6) C1 154.36 176-52.14" 0.00' I S61-50'50"E 99.96' QY C2 321.94' 38'50'02" 4 .00' N18'57'23"W 315.8 a It, 66 h43o• S� �, G PHIC SCALE 0 u 6� ^fpg" �� 2 0 100 200 0 o 6 f st `S 60� o �. 16 (IN FEET) o , 1 inch = 200 ft. a c76 , , EXHIBIT SHOWING cP 9.848 ACRES o J ��` J ?• �� ANTONIO CASTILLO SURVEY, ABSTRACT NO. 272 N 6��ys'Sy ?� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS i SURVCON INC. N 4�, G goy PROFESSIONAL SURVEYORS -P 1200 SUMMIT AVENUE, SUITE 600 FORT WORTH, TEXAS 76102 (817) 698-6770 U SCALE: 1" = 200' JOB t. 7170040 0 i SI DATE: DECEMBER 2005 F.B. NSA `o C DRAWN BY: R.D.J. CAD DATE: DECEMBER 2005 N s CHECKED BY: R.K.S. CAD FILE: 7170213 DETPOND EXR.DWG Exhibit "B" 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. - 7 - MA\Ids\Lurnbermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Ageement.doc Exhibit "C" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash , d debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pond 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip Rap - 8 - M:\1ds\Lumbermen\.Summer\Phase X1I\Phase B\DOCS\Detention Pond Maintenance AgreementsDetention Pond Maintenance Agreement.doc Condition of filtration system_ Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation i - 9 - M:Vds\L,umbermen4Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements�Detention Pond Maintenance Agreement.doc Page 1 of 2 City of Fort Worth, Texas 6 Mayor and Council Communication COUNCIL ACTION: Approved on 7/10/2007 DATE: Tuesday, July 10, 2007 LOG NAME: 30SUMMER CREEK REFERENCE NO.: **C-22236 SUBJECT: Authorize the Acceptance of a Storm Water Facility Maintenance Agreement from CL Texas, L.P., a Texas Limited Partnership, Acting By and Through its General Partner, CL Texas I GP, L.L.C., and the Summer Creek Ranch 'Homeowners Association for Property Located West of Old Cleburne Road and South of McPherson Boulevard in Far South Fort Worth (DOE 4447) RECOMMENDATION: It is recommended that the City Council approve the acceptance of a Storm Water Facility Maintenance Agreement (SWMA) from CL Texas, L.P., a Texas Limited Partnership, acting by and through its general partner, CL Texas I GP, L.L.C., and the Summer Creek Ranch Homeowners Association for property located west of Old Cleburne Road and south of McPherson Boulevard in far south Fort Worth. DISCUSSION: The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the owner, CL Texas, L.P., a Texas Limited Partnership, acting by and through its general partner, CL Texas I GP, L.L.C., and the Summer Creek Ranch Homeowners Association. The City of Fort Worth will not pay any expenses for the maintenance of this facility. The facility is a retention pond provided as an amenity to this proposed community and is the collection point of several storm and drain outfalls in the subdivision. The facility is more particularly described as: Grantor Type Legal Description Acreage CL Texas, L.P. SVNA Portion of Trace 2, 9.85 Antonio Castillo Survey, Abstract No. 272, Volume 16835, Page 316, Tarrant County, Texas The facility is located in COUNCIL DISTRICT 6, Mapsco 103X. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc A. Ott (8476) littp://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2007 Page 2 of 2 Originating Department He d: A. Douglas Rademaker (6157) Additional Information Co ct: Mark Thigpen (8366) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2007 CITY SECETAR -79 CON R CT NO Y STORM WATER FACILITY MAINTENA AGREEMENT THIS AGREEMENT, Cadeanden ed > to this day of b CL Texas, P., a Texas Limited Partnership, acting by and through its general partner CL Texas I GP, L.L.C., hereinafter referred to as "Landowner", the Summer Creek Ranch Homeowners Association 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 9.55 acre tract located in the Antonio Castillo Survey, Abstract 272, Tarrant County, Texas according to the deed recorded in Volume 16835, Page 316, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit"A"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 Summer Creek Ranch Section XII, Phase B 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 the Property; and WHEREAS, the City requires that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including Association; and FT; M:\1ds\Lumbermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc ORIGINAL I WHEREA , the Facility shall be located on the Property; and i WHEREA , Landowner agrees to convey the Property to the Association and the Association agree 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 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 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 `B". 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 "C", 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 Property and to inspect the Facility 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. - 2 - MAIds\Lumhermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc I 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 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 oblieation 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 AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE AND DO 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 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) 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 covenant and agree 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 - 3 - M:\lds\Lumbermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc drainage easement, which do not impede drainage. Landowner and Association covenant and agree 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 CL Texas L.P. ("CL Texas") as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer")by CL Texas to the Association of legal title to the Property, save and except for any liabilities, indemnities and obligations of CL Texas 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 oi?P12005. Landowner City CL Texas, L.P., a Texas Limited Partnership, City of Fort Worth By: CL Texas I GP, L.L.C., its general partner By, Gary e 6Marc A. Ott Vice President Assistant City Manager Summer Creek Ranch Homeowners Association Approved as to Form and Legality By: ary Mc Assistant eity Attorney President � r)�� ATTEST Contract Authorization Date City Secreta - 4- n MAdsTumbermen\Summer\Phase XII\Phase B\DOC S\Detention Pond Maintenance Agree ments\D etention Pond M Agreement.doc J���I7 Ip?rG, 5�I7, U 1� JiSV��lli/^`!I STATE OF TEXAS § COUNTY OFT RRANT § This instrument was acknowledged before me on �_ by Assistant City Manager of the City of Fort o , on behalf of the City of Fort Wort rt. MY c NE-ME LANE JUISSpN EXPIRE' 2011 Notary Public, State of Texas I STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned authority on this day personally appeared Gary McAtee, Vice President of CL Texas I GP, L.L.C, a general partner of CL Texas LP, a Texas Limited Partnership, 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 CL Texas LP, a Texas Limited Partnership, and that he executed the same as its General Partner and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. Notary PuSiic, State of Texas My Commission Expires T�TBof;'(F'*P 02-01.2010 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on LO C)6 by Gary McAtee, authorized representative, acting on behalf of the Summer Creek Ranch Homeowner Association. A<, KAREN K. NORMANDIN � * * Notary Public, State of Texas My Commission Expires Notary Public, State of Texas �T P . "TE o 02-01-2010 - 5 - M:\Ids\Lumbermen\Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agree ments\Detention Pond Maintenance Agreement.doc SUMMER CREEK RANCH PROPOSED DETENTION BASIN DESCRIPTION Being a 9.848 acre tract of land situated in the Antonio Castillo Survey, Abstract. No. 272, City of Fort Worth, Tarrant County, Texas and being a portion of that certain Tract 2 as described by deed to CL Texas, L.P. according to the deed recorded in Volume 16835, Page 316, Deed Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at the southwest corner of that certain Lot 60, Block 32, Summer Creek Ranch, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 9102, Plat Records, Tarrant County, Texas and being on the proposed northerly right-of-way line of McPherson Boulevard, a proposed 120 foot wide right-of-way; Thence South 00027'38" West, at right angles and perpendicular to the southerly line of said Block 32, a distance of 120.00 feet to a point on the proposed southerly right-of- way line of said McPherson Boulevard; Thence North 89032'22" West, with said southerly right-of-way line, a distance of 17.70 feet to the POINT OF BEGINNING of the tract herein described; Thence South 00026'46" West, a distance of 147.98 feet to the beginning of a non- tangent curve to the left having a radius of 50.00 feet and long-chord bearing South 61°50'50"East, 99.916 feet; Thence along said curve in a southeasterly direction, through a central angle of 176052'14°, an arc distance of 154.35 feet; Thence South 13021'24" East, a distance of 117.58 feet; Thence North 75016'01" East, a distance of 71.02 feet; Thence South 89032'22" East, a distance of 340.32 feet; Thence South 11'17'22" West, a distance of 151.41 feet; Thence South 15025'42" East, a distance of 146.90 feet; Thence South 20050'36" West, a distance of 159.03 feet; Thence South 34044'04" East, a distance of 172.45 feet; Thence South 89032'22" East, a distance of 341.67 feet; 12B-Detention Basin R.doc Thence South 00"10'29" East, a distance of 371.84 feet; Thence South 89042'42"West, a distance of 390.56 feet; Thence North 00017'18"West, a distance of 160.80 feet; Thence North 16021'55" West, a distance of 151.85 feet; Thence North 38022'24" West, a distance of 689.96 feet; Thence South 51°37'36"West, a distance of 115.00 feet; Thence North 38022'24" West, a distance of 143.93 feet to the beginning of a curve to the right having a radius of 475.00 feet and long-chord bearing North 18"57'23" West, 315.82 feet; Thence along said curve in a northwesterly direction, through a central angle of 38°50'02", an arc distance of 321.94 feet; Thence North 00027'38" East, a distance of 65.48 feet; Thence South 89032'22" East, a distance of 226.99 feet to the POINT OF BEGINNING and containing a computed area of 9.848 acres of land. 12B-Detenllon Basin R.doc ;� EXHIBIT "A" ss s2 TR T 2 c�� SHEET 1 OF 1 CL TEXA L.P. V E ss 168 AGE 16 .o s9 E C,� E R C� D. ���C.T� s o I T S 9 2 �� �S � vN z �.��•6°� 4> o��A 2 s O� .A � V) y u. p , sr sr V !J ov r Z 115.00' sr 4, S S5137'36-W A g '6 / �0 ; >s w G�5 sir . ,R FEx .4.14A HCo 'y@O Q r, �' > w P 6 �. `< 1 o -p 4 ' LINE TABLE LINE BEARING DISTANC �9 L1 S13.21'24"E 117.58' 6 N +A/ 01 E 71.02' 11 Ory L3 N00'2T38"E 65.48' p,� �•4j a L4 S00'27.38"W 120.00' y � �4 �� L5 S89.32'22"E 17.70' ' g ps •dl �___ RAC 2 i o . p �a CL T AS, P. OLUtyIE P SZp y 16 PA T. CURVE TABLE v� 1 •t] y CHORD v- CURVE LENGTH DELTA RADIUS BEARING CHORD Q in C1 154.35' 176'52'14" 0.00' S61'50'50"E 99.96' �v C2 321.94' 38'50'02" 4 .00' N18'57'23"W 315.8 v G PHIC SCALE yam• �? x V j� 2 0 100 200 0 LLJ N o •4'> >� (IN FEET) X o 1 inch = 200 ft. o EXHIBIT SHOWING C� �q" .y'�'`• �° 9.848 ACRES o TF ANTONIO CASTILLO SURVEY, ABSTRACT NO. 272 N 6��ys'p9 ��� 0� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS s SURVCON INC 'p� 9c goy PROFESSIONAL SURVEYORS r (� Q e 1200 SUMMIT AVENUE, SUITE 600 FORT WORTH, TEXAS 76102 (817) 698-6770 SCALE: 1" = 200' JOB #: 7170040 ° DATE: OECEMBER 2005 F.B. #: N/A o DRAWN BY: R.D.J. CAD DATE: DECEMBER 2005 N k5S ICHECKED BY: R.K.S. CAD FILE: 7170213 DETPOND EXR.DWG N Exhibit "B" 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. - 7 - M:Uds\Lumbermen\.Summer\Phase XII\Phase B\DOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc Exhibit "C" Storm Water Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted A 105, 4 MINOR INSPECTION Condition of Pond Amount of silt in pond 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 7-7 MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip Rap - 8 - M:\1ds\Lurnberrnen\Surnrner\Phase X11\Phase B\J)OCS\J)etention Pond Maintenance AgTeements\Detention Pond Maintenance Agreement.doc Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation ma-%k 7*9 Per• City Of Fort Worth 1V A Q DATE Real Property Services Engineering Department AGENTl — _. DOE#� 900 Monroe Street Suite 302 Fort Worth Texas 76102-6302 - 9 - M:\Ids\Lumbermen\Summer\Phase XII\Phase MDOCS\Detention Pond Maintenance Agreements\Detention Pond Maintenance Agreement.doc as aa�+rya a'TtlV,Y 7yR9 a,� { • CITY FW REAL PROPERTY 900 MONROE ST#302 FT WORTH, TX 76102 aa'avi+• 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 IS PART OF THE OFFICIAL RECORD, Filed For Re istration: 11/16/2007 11:55 AM Instru ent#: D207411233 A 12 PGS $56.00 zBy: 11111111 IIII 11111111111111111111111111111111111111111111 IIII D207411233 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. Printed by: PT 1M & C: DATE ._.. QZ FORTWORTH City of Fort Worth Memo To: City Secretary's Office �GG From: Jill Griffin Land Agent— Real Property Services 7 d Date: 03/21/08 Re: Storm Water Facility Maintenance Agreement The following is a (1) Storm Water Facility Maintenance Agreement M&C #C-22236 returned recorded to your office for safekeeping. Thank you, Jill D. Griffin ENGINEERING DEPARTMENT REAL PROPERTY SERVICES THE CITY OF FORT WORTH * 900 MONROE STREET, SUITE 302 * FORT WORTH, TEXAS 76102-6302 817-392-8362 * FAX 817-392-8361 C.*Printed on recycled paper