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HomeMy WebLinkAboutContract 40097STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this ptday of 2010, by and between HILLWOOD ALLIANCE RESIDENTIAL, L.P, acting by and through Angie Mastrocola, hereinafter referred to as "Landowner", the Heritage 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 0.742 acre tract located in the Walter R. Converse Survey, Abstract 248, Tarrant County, Texas according to the deed recorded in Volume 9409, Page 1403, 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 Heritage Addition Phase 3B Section SA 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 a portion of 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, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached, Exhibit A (Facility Property ); and CITY SECRETARYex F1 WORTH, STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 WHEREAS, Landowner agrees to convey the Facility 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 construct and 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, 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 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 "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. 3. The Landowner and Association, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 2 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 acceptable to the City, 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 HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 3 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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY 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) AND 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 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, 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, indemnes and obligations of Hillwood Alliance Residential L.P, as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") STORM WATER FACILITY MAINTENANCE AGREEMENT Ll Rev. 01/09//2007 by Hillwood Alliance Residential, L.P to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of Hillwood Alliance Residential, L.P. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. r{, Executed this �d day of 2010. Landowner HILLWOOD ALLIANCE RESIDENTIAL, L.P a Texas limited partnership, By: Hillwood Operating, L.P., a Texas limited partnership, its general partner, By; Hillwood Development Company, a Texas limited liability company, its general,partner n tinga,e iviastrocoia Sr. Vice President oAtrakct Authorizaelt.iox at Association Heritage Homeowners Association 3102 Oaklawn Ave, Suite 202, Dallas, TX 75219 Tom Woliver President I OFFICEAL F�EC®RD CITY SECRETARY FT - STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 LLC, City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Attorney j STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on zip/L 161 ,�2zlcd by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. EVONIA DANIELS / MY COMMISSION EXPIRES 11 t 'J July 10, 2013 otary Public, State of Texas , SHANNON SUSAN DEAR STATE OF TEXAS § 9 64% Notary Public, state of Texas My Commission Expires COUNTY OF DALLAS § 11 111%% January 07, 2014 Before m�, the undersigned authority on this ;�rx� day of �(Ln t,�-' , 2010. personally appeared Angie Mastrocola, known to me to be the person wh se name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Hillwood Development Company, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of Hillwood Operating, L P a Texas limited partnership on behalf of said limited partnership in its capacity as Iieneral partner of Hillwood Alliance Residential, L.P., a Texas limited partnership, on behalf of said limited partnership, and that he executed the same as its Sr. Vice President and as the act of such Hillwood Development Company_ and for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of Texas ,,.o.�aYP�s, SHANNON SUSAN DEAR �a Notary Public, State of Texas COUNTY OF DALLAS § -N. My Commission Expires ;,'` January 07, 2014 This instrument was acknowledged before me on this o1dnGY day of�2 2010 by Tom Woliver, authorized representative, acting on behalf of the Heritage Homeowners Association, r� otary Public, State of Texas STORM WATER FACILITY MAINTENANCE AGREEMENT '7 Rev. 01 /09//2007 EXHIBIT "A" LEGAL DESCRIPTION OF A STORIVIWATER DETENTION FACILITY Being a tract of land situated in the J.B. Knight Survey, Abstract Number 902, and the Walter R. Converse Survey, Abstract Number 248, City of Fort Worth, Tarrant County, Texas, and being a portion of that tract of land described by deed to Hillwood Alliance Residential, L.P., formerly known as Hillwood/2500, LTD. recorded in Volume 9409, Page 1403 of County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "Jacobs" found at the most westerly corner of Lot 2, Block 105, Heritage Addition, Phase 3B, Section 5A, an addition to the City of Fort Worth recorded in County Clerk's Filing Number D209317079, County Records, Tarrant County Texas, and being in the easterly line of a 50 foot Magnolia Pipeline Easement as recorded in Volume 2871, Page 596, said County Records; THENCE N 35°34'S8"W, 253.31 feet with said easterly easement line to a 5/8 inch iron rod with cap stamped "Jacobs" set; THENCE N 54°25'02"E, 135.00 feet departing said easterly easement line to a 5/8 inch iron rod with cap stamped "Jacobs" set; THENCE S 35°34'S8"E, 35.74 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set, the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 88.46 feet, through a central angle of 40°3257 having a radius of 125.00 feet, the long chord of which bears S 55°5126 T. 86.63 feet to a 5/8 inch iron rod with cap stamped "Jacobs" found at the northwest corner of Lot 4, Block 105, said Heritage Addition; THENCE S 00°23'23"W, 168.44 feet with the west line of said Heritage Addition to a 5/8 inch iron rod with cap stamped "Jacobs" found at the common corner of Lots 2 and 3, Block 105; THENCE S 5402552555W, 66.08 feet west line of said Heritage Addition to the Point of Beginning and containing 32,316 square feet or 0.742 acres of land more or less. JACOBS Job No. CB011540.050.1.0449 FW22Y J:UOB\01154001\NUR\WP\LEG\1540 E36.DOC January 21, 2010 Page 1 of 2 NOTES: BASIS OF BEARING IS THE WEST LINE OF HERITAGE ADDITION, PHASE 3B, SECTION 5A, AS RECORDED IN COUNTY CLERK'S FILING NUMBER D209317079, COUNTY RECORDS, TARRANT COUNTY, TEXAS. IRF = IRON ROD FOUND IRS = IRON ROD SET HERITAGE ADDITION PHASE 38, SECTION 58 (PROPOSED) a`\ G°pNSIMG^QCC4 NO. 002 G \ F \\ I S350 34' 58" E I Rs 35. 74' Off' �c,� A° 2 coca coo I R 0 Iuu 200 GRAPHIC SCALE IN FEET 0=40° 32' 57" R=125. 00' L=88. 46' L. C. =S55° 51' 26" E 86. 63' BROILES LANE � IRF I I� I 0. 742 ACRES I N v I .I' C I N - I - 1 0 CD CD V) I I I I IRF O$ �� �%A\ HILLWDOD ALLIANCE RESIDENTIAL, L.P. \\ IRF FORMERLY KNOWN AS \ HILLW000/2500, LTD. `\ VOL a9409,PGa1403 \ C.R.T.C.T. \ POINT OF BEGINNING 6 L \ C7 ^ 00 on Do 00 TODD A. BRIDGESC cacao no 3 �- \ ;qp 4940 ° an � 0 9s.OrF.�OP SS 0 S U R`"� D T fl 0 N /r EXHIBIT 'A ADDITION PHASE 3B, SECTION 5" CCE "D209317079 C.R.TaCaTa HERITAGE APPROX IMATE SURVEY LINE n " STOh'MWATER DETENTION FACILITY SITUATED I N THE J. B. KNIGHT SURVEY, ABSTRACT NUMBER 902 AND THE WALTER R. CONVERSE SURVEY, ABSTRACT NUMBER 248, CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB # CB011540.050.1.0449 DATE: 01-21-10 DRAWN: DLF CHECKED: TAB SHT. NO. 2 of 2 FILE: j:\JOB\01154001\SUR\1540_E36.dgn DATE: 21-Jon-10 D8:04 Exhibit "C" 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev. 01/09//2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION 10 DATE REPAIRS REQUIRED REPAIRS 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 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- STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 11 Rev. 01 /09//2007 Exhibit 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Exhibit Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS DATE 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 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 Ri STORM WATER FACILITY MAINTENANCE AGREEMENT _..Rev. t�1709!l2007 _. Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT a Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/6/2010 DATE: Tuesday, April 06, 2010 LOG NAME: 20ROWEHERITAGEHOA REFERENCE NO.: **C-24150 SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement with Hillwood Alliance Residential, L.P., and Heritage Homeowners Association, for Property Situated West of Ray White Road and North of Heritage Trace Parkway in North Fort Worth at No Cost to the City (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute one Storm Water Facility Maintenance Agreement with Hillwood Alliance Residential, L.P., and Heritage Homeowners' Association located in the J.B. Knight Survey, Abstract No. 902 and the Walter R. Converse Survey, Abstract No. 248, located West of Ray White Road and North of Heritage Trace Parkway in North Fort Worth, at no cost to the City. (DOE 5861) DISCUSSION: Hillwood Alliance Residential, L.P., is the owner of approximately 23 acres of property upon which it will construct one detention pond facility (DOE No. 5861). The detention pond will serve the Heritage Addition, Phase 3B, Section 5A. This facility is necessary to limit storm water run-off generated on the property to pre -development levels. The terms of the Maintenance Agreement assure the proper maintenance of one detention pond facility by Hillwood Alliance Residential, L.P., and later, Heritage Howmeowners' Association, at no cost to the City. The facility is located west of Ray White Road and north of Heritage Trace Parkway. The facility is located in COUNCIL DISTRICT 2, Mapsco 22Y. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 20ROWEHERITAGEHOA.pdf (Public) FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest P.E. (7801) Malena Doty (7812) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13147&print=true&DocType=Print 4/15/2010 gy5wf el if �y 3 r tee 1. IT E - 4}I �y. drI -F I- kIT GOLDEN TRIANGLE if — d 6 to _ A } BASS a Age �.git , ty go a,_ • ? �ti f 5 n �-T at.. file,1. ow loww. 11 I zz FFme 51��' `,�� be 2 or got L rL go � _. DETAIL OF PARCEL LOCATION be 2 or got L rL go � _. DETAIL OF PARCEL LOCATION