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HomeMy WebLinkAboutContract 43684 (2)STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of CITY SECRETARY j�Z CONTRACT NO. �J�� , 2012, by and between FW Mason Heights, L.P., hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNE S SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 56.78 acre tract located in the J. Justice Survey, Abstract No 859, Lot 1, Block 1, Masonic Home and School Addition, Tarrant County, Texas according to the deed recorded in the County Clerk's Instrument Number D207002963, 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 Final Plat, Mason Heights Addition, Lots 1-4, Block 1 and Lots 1-4, Block 2, 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 OFFNCa/L ©017 SECRET RV Fra WORT 39 i 1 Rev. 01/09/2007 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 assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 2 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, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE • STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 3 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. 01/09/2007 Executed thi4110 day of a Landowner: FW Mason Heights, LP A Texas Limited Partnership /6/14,\V eLccs63 Ya2 / . l STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 0110912C07 City City of Fort Worth 45-744;s4444 Fernando Costa Assistant City Manager Approved as to Form and Legality Aistari ity Attorney ATTEST OFFICIAL RECORD si CITY SECRETARY FT. WORTM TX atieb 'On 7' 40 5 tikiltsmos-gesrts STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before d f Z `" me on � b Fernando Costa, Assistant City Manager of Y of Fort tl�e City of Fort �V�rth, on behalf o ! Worth.the City • •*4 Ili a. . •., I 1i ,1 1 EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 STATE OF TEXAS COUNTY OF TARRANT c otary Public, State of Texas This instrumerii was acknowledged before �� , B a�a me on day o f ���,�-�y2012,.,sett. �Iana�er ofF�V �rlason Her�hts by, Flea �, LP, on behalf o f the partners ip. GIVEN UNDER MY HAND AND SEAL OF OFFICE this L La( .2012. • ...,rto I ii$fre, it M i Notaty *QM of Texas CoMm. Exp. 1122-121 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 i09/200 7 0,/ Notary Public, State of Texas day of • LOT 14, BLOCK 1 THE SHOPPES AT RENAISSANCE SQUARE ADDITION CC# D211065015 POINT OF COMMENCING POINTOF 1/2"CIRF � BEGINNING� �,WAI" (l S71 °08'16"E 61.78' FORT WORTH ISD VOLUME 2547, PAGE 198 A N Q' 50' 100' Scale 1 "=100' vit�Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 8750 HILLCREST PLAZA DRIVE, SUITE 325 (972) 490-7090 DALLAS, TEXAS 75230 (972) 490-7099 FAX Texas Engineers Registration No. 89 Texas Surveyors No. 100866-00 12-31-12 COPYRIGHT m 2012, Wnkelmann & Associates, Inc. Scale : Date : Dwc File : Protect No. : 1"= 100' 07.03.12 26055-AGREEMENT-DESC 26055 G:12601551SURVEY1Easements126055-AGREEMENT-DESC.dwg I i i i I I i 5/8" CIRF (Cheatham) LINE # L1 L2 L3 L4 LINE TABLE BEARING N89°58'22"E S00°03'23"W S89°56'48"W N01 °43'39"W DETENTION POND EASEMENT 0.441 ACRES ( 19,234 SQ. FT.) L3 PROPOSED 20' PRIVATE DRAINAGE EASEMENT PORTION OF LOT 1, BLOCK 1 MASONIC HOME AND SCHOOL ADDITION VOLUME 388-102, PAGE 30 PORTION OF FW MASON HEIGHTS. L.P. CC# D207002963 DISTANCE 296.16' 65.10' 294.13' 65.26' rid -PELT IA1/ DETENTION POND EASEMENT 0.441 ACRES (19,234 SQ. FT.) SHEET 1 FW MASON HEIGHTS, L.P. OF 1000 N. CENTRAL EXPY., #1500 DALLAS, TEXAS 75231 P ROPERTY DESCRIPTION S TATE OF TEXAS § COUNTY OF TARRANT § BEING all that certain tract of land situated in the J. JUSTICE SURVEY, ABSTRACT NO 859, in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block 1 of Masonic Home and School Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-102, Page 30, Plat Records, Tarrant County, Texas, and being a portion of a tract of land described in deed to FW Mason Heights, L P. as recorded in County Clerk's Document No. D207002963, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "W.A. I ." found for the most Southerly Southwest corner of Lot 14, Block 1, The Shoppes at Renaissance Square Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in County Clerk's Instrument No. D211065015, Official Public Records, Tarrant County, Texas; THENCE South 71 deg 08 min 16 sec East, a distance of 61.78 feet to the POINT OF BEGINNING; THENCE over and across said Lot 1 and said FW Mason Heights tract, the following courses and distances: N orth 89 deg 58 min 22 sec East, a distance of 296.16 feet to a point for corner; S outh 00 deg 03 min 23 sec West, a distance of 65.10 feet to a point for corner; South 89 deg 56 min 48 sec West, a distance of 294.13 feet to a point for corner, said point being North 08 deg 05 min 25 sec East, a distance of 429.77 feet from a 5/8-inch iron rod with a plastic cap stamped "CHEATHAM" found for the Southeast corner of a tract of land described in deed to Fort Worth ISD as recorded in Volume 2547, Page 198, Deed Records, Tarrant County, Texas; North 01 deg 43 min 49 sec West, a distance of 65.26 feet to the POINT OF BEGINNING CONTAINING within these metes and bounds 19,234 square feet or 0.441 acres of land, more or Tess. Bearings shown hereon are based upon an on the ground survey performed in the field May 27th, 2010 utilizing a G P.S. (WGS84) measurement of N 00°28'09" E along the easterly right-of-way line of Mitchell Boulevard. Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 8750 HILLCREST PLAZA DRIVE, SUITE 325 DALLAS, TEXAS 75230 Texas Engineers Registration No. 89 Texas Surveyors No. 100866-00 12-31-12 COPYRIGHT © 2012, Winkelmann & Associates, Inc. Scale : Date : Dwq. File : Protect No. : N/A 07.03.12 26055-AGREEMENT-DESC 26055 (972) 490-7090 (972) 490-7099 FAX Ei(1//S/7 DETENTION POND EASEMENT 0.441 ACRES (19,234 SQ. FT.) SHEET 2 FW MASON HEIGHTS, L.P. OF 1000 N. CENTRAL EXPY., #1500 DALLAS, TEXAS 75231 G:\260\55\SURVEY\Easements\26055-AGREEMENT-DESC.dwg ifr/1/0 IIXhibit "C" `/ 0 T Y OF 1;_ o GAT INWORTH Si O RM WATIR FAC II II OP*, ATIl I\J AND MADI ENIANC`f. 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 Rev. 01/09/2007 Exhibit "D" Storm Water Structural Maintenance CHI,--;CKILIIS T FRr*UIFN'e' INSPECTION 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 S tructure Type of Storm Water Quality S tructure S tructure type and Condition Condition of Rip - DATE REA:PAIRS REQUDRED REPAIRS MADE STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Lvidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 M&C - Council Agenda Page 1of1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/25/2012 DATE: Tuesday, September 25, 2012 LOG NAME: 20ROWE6849MASONHTS-SWFMA SUBJECT: REFERENCE NO.: **C-25863 Authorize Execution of a Storm Water Facility Maintenance Agreement with FW Mason Heights, LP, for Property Located East of Mitchell Boulevard in the Masonic Home and School Addition, Lot 1, Block 1 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with FW Mason Heights LP, for property located east of Mitchell Boulevard in the Masonic Home and School Addition, Lot 1, Block 1 at no expense to the City. DISCUSSION: FW Mason Heights, LP, is the owner of a 56.78 acre tract of land upon which 0.441 acres will be used to construct a detention pond The facility is being constructed to limit storm water runoff from the property to predevelopment levels. The detention pond will be located east of Mitchell Boulevard in the Masonic Home and School Addition, Lot 1, Block 1. The terms of the maintenance Agreement ensure proper maintenance of the facility by FW Mason Heights LP, at no cost to the City. The facility is located in COUNCIL DISTRICT 8, Mapsco 78X. 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 FROM Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) Douglas Wiersig (7801) Jill D Griffin (6253) ATTACHMENTS 1. 6849-20ROWE6849MASONHTS-SWFMA.odf (Public) http://apps.cfwnet org/ecouncil/printmc.asp?id=17276&print=true&DocType=Print 09/26/2012