HomeMy WebLinkAboutContract 53173 CITY SECRETARY _
DOE #
CONTRACT NO. '
e
RECENED
DEC—6 2019 STORMWATER FACILITY
C,TYOF FORT WORTH MAINTENANCE AGREEMENT
CITY SECRETARY
THIS AGREEMENT, made and entered into this day of DQUAlber 5 ,
0 by and between _Pulte Homes of Texas, LP. , hereinafter referred to as
"Landowner", the Newberry Point Home Owners Association, Inc._, hereinafter referred
to as "Association" and the City of Fort Worth, hereinafter referred to as "City".
WITNES SETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 36.46 acre tract located in the Moses Walters Survey, Abstract 1598,
Tarrant County, Texas according to the deed recorded in Instrument Number
D219116135, Deed Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Newberry Point, Phase 1
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 location and dimensions_
STORMWATER FACILITY MAINTENANCE AGREEMENT I 1
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 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 _Pulte Homes of Texas, LP` as Landowner hereunder shall
expire and be of no further force or effect upon the transfer ("Transfer") by
Pulte Homes of Texas, LP_ to the Association of legal title to the Facility
Property, save and except for any liabilities, indemnities and obligations of
Pulte Homes of Texas, LP 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 J t�1 day of he.CM WY 20 1q* .
Pulte Homes of Texas, L.P.
A Texas Limited Partnership
By: Pulte Nevada I, LLC
A Delaware Limited Liability Company
its General Partner
City of Fort Worth
BufccF
Name: Clint Vincent Assistant City Manager
Title: Division VP of Land Approved as to Form and Legality
Planning& Development
Homeowners Association
Assistant C' to ey _
Name: Clint Vincent ATTEST l ............
Title: President � F �
ity Secr t d U
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STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on O by Jesums J.
1�(ZC -(>ae -Gka,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth.
tipP;�,?Ugh MARIA S.SANCHEZ
*= MY Notary ID#22590 o ary Public, State of Texas
Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 1�1�' day of
__OVM , 20A personally appeared Clint Vincent, 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 Pulte Homes of Texas, L.P., and that he executed the
same as its Division VP of Land Planning & Develoopment and as the act of such and for
the purposes and consideration expressed in the foregoing instrument.
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STATE OF TEXAS ••.ioTF of I ,°
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COUNTY OF TARRA -WRSI.��s11o``
This instrument was acknowledged before me on I (UMby, Clint
Vincent, authorized representative, acting on behalf of the Newbpm Point Homeowners
Association, Inc.
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?�o�pRY PU�;�/W�F��
No Public, State of T a
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
ilio G. Sanchez
Planning Manager
wuRTH
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 Moses Walters Survey, Abstract Number 1598, City of
Fort Worth, Tarrant County, Texas, being a portion of that tract of land (north tract) described by
deed to Pulte Homes of Texas, L.P. recorded in Instrument Number D219116135, County
Records, Tarrant County, Texas and being more particularly described by metes and bounds as
follows:
COMMENCING at a PK nail, with shiner stamped "Peloton", found at the northeast corner of
said Pulte north tract, being in the approximate centerline of Old Cleburne - Crowley Junction
(County Road 1079,a variable width right-of-way), and being in the south right-of-way line of
West Cleburne Road (a called 60 foot right-of-way);
THENCE S 89029'44"W, 40.00 feet, with said south right-of-way line and the north line of said
Pulte north tract;
THENCE S 00049'23"E, 20.00 feet, departing said common line, to the POINT OF
BEGINNING;
THENCE over and across said Pulte north tract the following courses and distances:
S 00049'23"E, 19.70 feet;
S 56013'37"W, 5.15 feet;
S 00051'22"E, 447.33 feet;
S 89006'13"W, 27.99 feet, to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left, an arc distance of 39.57 feet, through a central
angle of 45020'43", having a radius of 50.00 feet, the long chord which bears
N 23055'49"W, 38.55 feet;
N 00047'23"W, 134.15 feet;
S 89012'37"W, 150.00 feet;
N 00047'23"W, 77.94 feet, to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left, an arc distance of 191.75 feet,through a central
angle of 219043'33", having a radius of 50.00 feet, the long chord which bears
N 13°04'03"W, 94.05 feet;
N 00047'23"W, 128.18 feet;
Peloton Job No. PLT18006
Ft. Worth November 07,2019
G:\JOB\PLT18006_Kelley\Master Dev\ Survey\Exhibits\Legals\PLT18006 Ex2.docx Page 1 of 3
N 89°45'30"E, 178.96 feet;
N 31°29'00"E, 16.72 feet;
N 89029'44"E, 19.05 feet;
THENCE S 45039'50"E, 14.18 feet to the Point of Beginning and containing 62,552 square
feet or 1.436 acres of land more or less.
Peloton Job No.PLT18006
Ft.Worth November 07,2019
G:\JOB\PLT18006_Kelley\Master Dev\ Survey\Exhibits\Legals\PLT18006 Ex2.docx Page 2 of 3
M Basis of Bearing is the Texas Coordinate System
North Central Zone 4202, NAD 83.
PKN = PK Nail Found
lb
0
Z 0 100 200
GRAPHIC SCALE IN FEET
o "Integral parts of this document" S89° 29'44"W
O 1. Description 40.00'
2. Exhibit N890 29'44"E Point of
West Cleburne Road 19.05' Commencing
(a called 60 foot right-of-way) PKN
— — — — — — — — — — Point of
N890 45'30"E 178.96� --L1
f L2 I
y Beginning
3: L5 i
66v, C� N o0 L3
17
00 Pulte Homes of Texas, L.P.
�g GN1 �boQ ° Inst." D219116135 I
o (North Tract) M
ppg�Q�� z C.R.T.C.T.
I
I
?C2
Pulte Homes of Texas.L.P. o
tnst.* D219116135
(North Tract)
C.R.T.C.T. I 3
1.436 Acreso Z)
LINE TABLE N I U 3
z S890 12'37"W 150.00' ,n I o a
NO. BEARING DISTANCE o
3 p I o
1_1 S00°49'23' E 20.00' M_ Cn i o
N�
L2 S00° 49'23' E 19.70' o
L3 S56° 13'37"W 5.15' o O
�
z
L4 N31° 29'00"E 16.72'
L5 S45° 39'50' E 14.18' C1
S89°06'13"W
27.99'
3 /
o Ott;,OF T ,f. CURVE TABLE
o c�<. GlSTe N•�tP
4 o NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
0
° 70DD A. BRIDGES C1 45' 20'43" 50.00' 39.57' N23°55'49' W 38.55'
...............................f.....
a '•AoA4940 �Ir r C2 219' 43'33" 50.00' 191.75' N13°04'03' W 94.05'
n
sums,
l
Exhibit "A"
P E LOTO N SWFMA Area
� . Situated in the Moses Walters Survey, Abstract Number 1598,
I�I�I L A N D s o L u T 1 o N 5 City of Fort Worth, Tarrant County, Texas.
9800 HILLWOXA PARKWAY,SUITE 250 JOB# PLT18006 DRAWN BY: TBR CHECKED BY: SS DATE: 11-04-19 PAGE# 3 of 3
FORT WORTH,TEXAS 76177 PH.#817-562-3350
G:\JOB\PL T18006_Kellev\Mos ter Dev\_Sury ev\Exhibits\PL T 18006_Ex 2.don Defoult 11/11/2019 12:02:57 PM
Exhibit"A"
Description of a SWFMA Area
BEING a tract of land situated in the Moses Walters Survey, Abstract Number 1598, City of
Fort Worth, Tarrant County, Texas, being a portion of that tract of land (south tract) described by
deed to Pulte Homes of Texas, L.P. recorded in Instrument Number D219116135, County
Records, Tarrant County, Texas and being more particularly described by metes and bounds as
follows:
COMMENCING at a PK nail found at the most northerly northeast corner of said Pulte Homes
tract, being the southeast corner of that tract of land described by deed to Texas Electric Service
Company (TESCO) recorded in Volume 3554, Page 613, said County Records and being in Old
Cleburne-Crowley Junction (County Road 1079, a variable width right-of-way);.
THENCE S 89012'37" W, 39.99 feet, with the common line of said Pulte Homes and said
Oncor tracts;
THENCE S 000 47' 23" E, 25.00 feet to the POINT OF BEGINNING;
THENCE S 000 47' 23" E, 3 82.10 feet;
THENCE S 89010'37"W, 72.05 feet;
THENCE S 44° 10' 37" W, 51.17 feet;
THENCE S 890 12' 37" W, 462.45 feet;
THENCE S 690 49' 00" W, 60.15 feet;
THENCE N57054'54"W, 54.22 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 71.75 feet, through a central
angle of 82' 13' 03", having a radius of 50.00 feet, the long chord bears N 130 2F 21" W, 65.75
feet;
THENCE N 000 47' 23" W, 94.72 feet;
THENCE N 890 12' 37"E, 150.00 feet;
THENCE N 470 51' 49" E, 117.26 feet to the beginning of a curve to the left;
THENCE along said curve to the left, an are distance of 66.68 feet, through a central angle of
75' 04' 31", having a radius of 50.89 feet, the long chord bears N 09' 58' 5 1" E, 62.01 feet;
THENCE N 000 47' 23" W, 106.62 feet;
Peloton Job No.PLTI8006 Tracking No.na
FTW November 11,2019
GAJ0B\PLT18006_KELLEY\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\PLT18006_EXI.DOCX Page 1 of 3
THENCE N 89012'37" E, 420.00 feet;
THENCE N 00047'23" W, 5.00 feet;
THENCE N 89012'37" E, 17.39 feet to the Point of Beginning and containing 223,562 square
feet or 5.132 acres of land more or less.
"Integral Parts of this Document"
1. Description—2 Pages
2. Exhibit
Peloton Job No.PLT18006 Tracking No.na
FTW November 11,2019
G:UOB\PLT18006_KELLEY\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\PLT18006_EXI.DOCX Page 2 of
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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 DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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
ve etation
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-
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