HomeMy WebLinkAboutContract 42066 E:
STORM WATER FACILITY CITY SECRETARY
MAINTENANCE AGREEMENT CONTRACT NO.q�(0 L
THIS AGREEMENT, made and entered into this day of
by and between D.R. Horton-Texas LTD., acting by and through Don Allen,
hereinafter referred to as "Landowner", the Tehama Ridge Owners 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 0.675 acre tract located in the W. McCowan Survey, Abstract 999, Tarrant
County, Texas according to the deed recorded in Instrument Number D2040153377,
County 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 Tehama Ridge Phase V-A
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 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09//2007 ""� 1
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, indemnities and
obligations of D.R. Horton-Texas LTD. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") by
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09//2007 4
to the Association of legal title to the Facility Property, save
and except for any liabilities, indemnities and obligations of
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 of J 20)j.
Landowner City
D. on-Texas, LTD. City of Fort Worth
Fernando Costa
Name: Don Allen Assistant City Manager
Title: Assistant Secretary Approv to Form and Legality
Tehama Ridge Owners Association
Assistant City Attorney
Name: _ ATTEST
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09//2007 5
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on44,,&— a2a// by
Fernando Costa, Assistant City Manager of the City of Fort W rth, on behalf of the City
of Fort Worth.
EVONI_r q Dr qNr S
�,�,�• MY COMMISSION EXPIRES
July to,2ot3 otary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this ,ZDV day of
2011, personally appeared
yo�( � Atm
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
LR• d-02ronl._ i�AS', LE6 , and that he executed the same as its
and as the act of such rb .A4P-r511)P and for the purposes and
consideration expressed in the foregoing instrument.
mow' SANDY TRENTON /1
NOTARY PUBLIC
STATE OF TEXAS Notar Public,qSte of Texas
MY COMM.EXP.1 011 9/20 1 1
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on MA-V 2 zo, ► by,
baIJ F_ 4ur fJ , authorized representative, acting on behalf of the
Tehama Ridge Owners Association.
SANDYTRENTON
NOTARY PUBLIC
STATE OF TEXAS No ary Public, S to of Texas
MY COMM EXP 10/19/2011
OFFICIAL RECORD
STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev 01/09//2007 6
FT. WORTH, TX
EXHIBIT"A"
LEGAL DESCRIPTION OF
0.675 ACRES OF LAND
BEING a tract of land situated in the William McCowan Survey,Abstract No. 999, City of Fort Worth,
Tarrant County, Texas and being a portion of that tract of land as described by deed to D. R. Horton-
Texas, Ltd. as recorded in Instrument Number D204015377, County Records, Tarrant County,Texas,
said tract of land being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found at the northeast corner of said D. R. Horton-Texas,Ltd.
Tract, being in the west line of that tract of land described by deed to the City of Fort Worth as described
in Instrument Number D209023900, said County Records;
THENCE S 00006'37"W, 737.35 feet with the common east line of said D.R. Horton-Texas, Ltd. Tract
and west line of said City of Fort Worth tract;
THENCE N 89053'23"W,209.85 feet departing said common line to the Point of Beginning;
THENCE S 23032'10"W, 78.02 feet;
THENCE N 67051'13"W,31.61 feet;
THENCE N 64004'38"W,43.79 feet;
THENCE N 78058'37"W, 55.74 feet;
THENCE S 84019'20"W, 104.42 feet;
THENCE N 73°31'23"W,20.78 feet;
THENCE N 16014'23"E, 194.56 feet;
THENCE S 73006'55"E, 21.26 feet;
THENCE S 44045'50"E, 112.68 feet;
THENCE S 52030'37"E, 66.00 feet;
THENCE S 71037'48"E, 43.07 feet;
THENCE S 67051'13"E, 33.51 feet to the Point of Beginning and containing 29,417 square feet or
0.675 acres of land, more or less.
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Jacobs Job No. C13700135.0449
FW21N March 08, 2011
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BASIS OF BEARING IS THE RECOVERED EAST LINE o�� o, o>
OF THAT TRACT OF LAND DESCRIBED BY DEED TO
D. R.NORTON AS RECORDED IN INSTRUMENT NUMBER
D204015377, COUNTY RECORDS, TARRANT COUNTY, a
TEXAS,
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D. R. NORTON —TEXAS, LTD.
TODD A. BRIDGES CCF # D204015377 IRF
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EXHIBIT "B"
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D.675 A CRSS OF LAND
SITUATED IN THE WILLIAM MCCOWAN SURVEY, ABSTRACT
JACOBS NUMBER 999, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
777 MAIN STREET SHT_ NO.
FORT WORTH,TX 76102
(817 735-6000 JOB # CB700135.0449 DATE: 03-08-11 DRAWN: DLF CHECKED WMB
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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
Rev 01109112007 8
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS
INSPECTION REQUIRED 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
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
ondition of Rip-
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09//2007 9
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
Rev 01!09//2007 10
k
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/19/2011
DATE: Tuesday,July 19,2011 REFERENCE NO.: **C-25018
LOG NAME: 20ROWE6531SWFMA
SUBJECT:
Authorize Execution of a Storm Water Facility Maintenance Agreement with D.R. Horton—Texas,LTD on
Property Located in the William McCowans Survey West of Interstate 35 North and East of Harmon
Road (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of
a Storm Water Facility Maintenance Agreement with D.R
Horton—Texas,LTD for property located west of Interstate 35
North and east of Harmon Road in the William McCowan Survey
Abstract No. 999,at no expense to the City.
DIS SSI N:
D.R.Horton—Texas,LTD is the owner of a 60.40 acre tract of land
upon which it will construct a detention pond. The facility is being
constructed to limit storm water runoff from their property to
predevelopment levels.
The detention pond will be located west of Interstate 35 North
(North Freeway) and east of Harmon Road in the William
McCowan Survey adjacent to the current Tehama Ridge residential
development. The terms of the Maintenance Agreement ensure
proper maintenance of the facility by D.R Horton—Texas, LTD at
no cost to the City.
The facility is located in COUNCIL DISTRICT 9, Mapsco 21P
FISCAL INFORMATION:
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
CERTIFICATION :
Submitted for City Manager's Office by: Fernando Costa (6122)
Origenating Department Head: Douglas Wiersig (7801)
Additional Information Contact, Lexington Wright (6645)
ATTACHMENTS
1. 6531-20ROWE6531SWFMA.-df