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HomeMy WebLinkAboutContract 39859CITY SECRETARY CONTRACT NO, E II STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of . `,< a,j , by and between The Ranches East, L.P., acting by and through its Authorized Agent, Lost Spurs Development, Inc., hereinafter referred to as "Landowner", 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 2.482 .acre tract located in the H.A. Hawkins Survey, Abstract 1906, Tarrant County, Texas according to the deed recorded in County Clerk's Document Number D205311533, 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 Lot 1, Block B, Lot 1, Block C, and Lot 1, Block D, Lost Spurs Apartments hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and WHEREAS, the .City. and the Landowner, 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, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09l2007 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, 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, 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 Facility, 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, 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01l09/2007 2 assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, 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, 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. 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 AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER 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, STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09l2007 3 I 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 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 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09l2007 S� Executed this l day of Jr%, 20L. GRANTOR The Ranches East, a Texas Limited Partnership By: Lost Spurs Development, Inc. a Texas Corporation, its General Partner Donald L. Hudgins, Jr. President CITY City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant bity Attorney ATTEST CohtraCt Authorizatiola Date OFFiC1AL RECORD CITY SECRETARY FT WORTH, TX j STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me onL4AE&gfl/ 2616 by Fernando Costa, Assistant City Manager of the City of Fort Worths on behalf of the City of Fort Worth. QtVA,v PC TON��, c %NIELS *e MY COMMi.SSIOM EXPIRES My i 17, 2013 STATE OF TEXAS COUNTY OF TARR.ANT otary Public, State of Texas _ Before me, the undersigned authority on this 11 mown 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 � ' ;'that he executed the same as its and as the act of such Z - v /, an& for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of Texas EXHIBIT "A" Storm Water Management Facty Property Being a tract of land situated in the A.H. Hawkins Survey, Abstract No. 1906, Tarrant County, Texas and being a part of that certain tract of land described as "Tract II" in the Special Warranty Deed conveyed to The Ranches East, L.P., recorded in County Clerk's Document Number D205311533, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 36, Block 12 of The Ranches East Addition, an addition to the City of Fort Worth, according to the plat recorded in Cabinet A, Slide 11687, Plat Records, Tarrant County, Texas, said point being in the north right-of-way line of Haslet -Roanoke Road,(30 feet from the centerline); THENCE North 00°14'04" West, along the east line of said The Ranches East Addition, a distance of 105.00 feet to a point for corner at the northeast corner of Lot 37R, Block 12 of said The Ranches East Addition, an addition to the City of Fort Worth, according to the plat recorded in Cabinet A, 12043, Plat Records, Tarrant County, Texas; THENCE South 89°48'16" West, along the north line of said Lot 37R, a distance of 110.00 feet to the northwest corner of said Lot 37R and being in the east right-of-way line of Horseshoe Canyon Road (a 50 foot right-of-way); THENCE North 00°14304" West, departing the north line of said Lot 37R and the east right-of-way of Horseshoe Canyon Road, a distance of 161.22 feet to a point for corner; THENCE East, a distance of 350.50 feet to a point for corner; THENCE South 33°52'27" East, a distance of 325.69 feet to a point for corner; THENCE South 89°48'16" West, a distance of 420.92 to the POINT OF BEGINNING and containing 108,103 square feet or 2.482 acres of land, more or less. r ���O P T ti 1se 6 d, fib � 0 ' STANLEY PAY FLITS %p, U STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev. 01l09/2007 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 12-1nches 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01l09l2007 • 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 Rev. 01/09/2007 E 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 ward 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. 01l09l2007 M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 1/26/2010 Ofificiai site of the City of tort 4North, Texas DATE: 1/26/2010 REFERENCE **C-24036 LOG NAME: 20ROWERANCHESEAST NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of a Storm Water Facility Maintenance Agreement with The Ranches East, L.P., for Property Located in the A.H. Hawkins Survey North of Haslet Roanoke Road and West of Ridgetop Road at No Expense to the City of Fort Worth (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to authorize the execution of a Storm Water Facility Maintenance Agreement with The Ranches East, L.P., for property located in the A.H. Hawkins Survey, north of Haslet Roanoke Road and west of Ridgetop Road, at no expense to the City of Fort Worth. DISCUSSION: The Ranches East, L.P., is the owner of approximately 5.2 acres of property upon which it will construct one detention pond facility (DOE No. 6214). The detention pond will serve the Lost Spurs Apartments Addition. This facility is necessary to limit storm water run-off generated on the property to pre -development levels. The facility is also limiting the public runoff from Westport Parkway between Alta Vista Drive and Haslet Road. The terms of the Maintenance Agreement assure the proper maintenance of one detention pond facility by The Ranches East, L.P., at no cost to the City. The facility is located north of Haslet Roanoke Road and west of Ridgetop Road. The facility is located in COUNCIL DISTRICT 2, Mapsco 8P. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (8476) William A. Verkest RE (7801) Malena Doty (7812) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12940&councildate=l/26/2010 3/8/2010 M&C Review Page 2 of 2 ATTACHMENTS 20 ROWE RANCHES EAST. pdf http://apes.cfwnet.org/council�acket/mc review.asp?ID=12940&councildate=l/26/2010 3/8/2010