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Home My WebLink AboutContract 46000 CITY SECRETAW, CONTRACT NO. STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this—E day of , 2014, by and between 17FW Limited Partnership, a Texas limited partnership, hereinafter referred to as "Landowner", 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 182.399 acre tract located in the M.E.P. and P.RR. CO. Survey, Abstract 906, and the S. Robinson Survey, Abstract 1119, Denton County, Texas according to the deed recorded in Document Number 2014-82640, Real Property Records, Denton County, Texas, hereinafter called the"Property". WHEREAS, the Landowner is required by Texas Commission on Environmental Quality (TCEQ) to remove and reconstruct Lake No. 7's Dam on the Property (the "Dam"); and WHEREAS, the City requires that the Dam as shown on the attached Exhibit "A", (Site Plan) be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which are shown and more particularly described by the Exhibit "B", (Grading Plan); and WHEREAS, Landowner may convey the Facility Property to the City or a Home Owners Association ("HOA") at a future date. 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 or its successors and assigns, shall adequately construct and maintain the Dam at no expense to the City of Fort Worth in accordance with the design specifications for the Dam, attached to this Agreement as Exhibit "B", and the current STORM WATER FACILITY MAINTENANCE A IAL RECORD Rev.01/09//2007 CITY SECRETARY RECEIVED OCT 0 7 2014 FT.WORTH,TX standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan as outlined by the TCEQ. The Dam includes all pipes, channels or other conveyances built to convey or store storm water to or from 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 (including an HOA), 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 Dam. The inspection shall cover the entire Dam including berms, slopes, outlet structure(s), pond areas, access roads, etc. Components of the Dam, 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 reasonably 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, its successors and assigns, fails to maintain the Dam in good working condition as specified herein, which failure continues for fifteen (15) days after written notice from the City, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps are reasonably 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.01/09//2007 understood and agreed that the City is under no obligation to routinely maintain or repair said Dam, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. Any work performed by the City shall be done in a good and workmanlike manner. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Dam 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, 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 Denton 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 DAM FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES 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 FACILITY PROPERTY TO MAINTAIN THE DAM INCLUDING, BUT NOT LIMITED TO, THE BED AND BANKS OF THE DETENTION POND; DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.01/09//2007 FAILURE OF THE BANK OF THE POND, AND (3) ANY FAILURE OF THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA; OR FAILURE 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 Denton 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 obligations of 17FW Limited Partnership hereunder shall expire and be of no further force or effect upon the transfer by 17FW Limited Partnership of legal title to the Property, save and except for any liabilities, indemnities, and obligations of 17FW Limited Partnership, 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. [Remainder of Page Intentionally Left Blank; Signature Page Follows] STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.01/09//2007 Executed this ( /'may of 014. Landowner City 17FW Limited Partnership City of Fort Worth a Texas limited partnership By: 17FW General LLC a Texas limited liability company its general partner . - By: �G�-:- .•.�(.�1..-- Fernando Costa ' Assistant City Manager By: Name: Title: Approved as to and Legality By: Grant J an Assistant City Attorney ATTEST Mary J. K r City Secretary ��- c000 P 0 ! . ° O° �(o g °bray OFFICIAL RECORD CITY SECRETARY LFT.'WORTIH#TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev.01/09//2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on dl4hL°26 ZC✓T` by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. w 11111"' EVONIA DANIELS AL `,o4TµY PUg Notary Public,State of Texas My Comr fission Expires tary Public, State of Texas July 10, 2017 �Illllll STATE OF TEXAS § COUNTY OF J� / § Before me, the and signed aut rity on this � day of , 2014, personally appeare c>xown to me to be the p rson whose name is subscribed to the foregoing instru nt and acknowledged to me that t e same ' the t of 17FW Limited Partnership, and that he/she executed the same as the 17FW General LLC, its General Partner, and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. A =,Piv P�i� KIM MILLER Notary Public ; Notary Pu T ic, tate of e p F STATE OF TEXAS MY +• 19,2016 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01109H2007 EXHIBIT "A" FACILITY PROPERTY DESCRIPTION Being a dam structure commonly referred to as Brookstone Lake Dam 7 by the TCEQ, located on a portion of the property described in that certain deed recorded in Document Number 2014- 82640, as recorded in the Real Property Records of Denton County, Texas (It being understood that this Agreement applies only to the dam structure itself and not to the entirety of the property described in said deed). 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'� Z \t w + �_ -•,.� - (�l(\ \(� � �i�(/�/11(11\l1�'�\ > ��/ll 11ti�•t ��1-� ° 1\�.. �_� �'-'�� -4 MP r \�\ (1J\1'��(}(!� 1�Jr�it11/1S\\ (1\\ � �,�4 �/r�jS'\\ice\�� '✓. + / / r`�� , ♦ 1` �.a�• ( ( i.\t/< o'er o//�„�/r art )l\\ \\\`Y,�} �i llif . ' 111 \\`�; 4 1!� •, 4 q // � _" r".�/ ` \ •�\— ! /� � t ._ � \� 111 1 t 1 1 ti �_..``i,,-� ✓ r i\ \ \\• ��._ r /1��,�+l { ' \��.5� •1 1 f ( / f \" ) // !T // %\� 1 EXHIBIT "B" GRADING PLAN/DESIGN SPECIFICATIONS [See Attached] STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.01109112007 Q$1 88 1-Dam" a.Mn I I I I Ic ON _ v -W _-- I � F6.me, \ 81 i car 77 A I /I G a- wr-bur. \ r-- — DUM cm wr g / 8 j Cm•am ^ alka§q. O a• n k Z cm•M75 \ FQ g off 61a I I \ \\\ \ \\ w.Pan \ \\ g P � a• a O�x'C F-11i A EXHIBIT B-1-DAM NO.7 sEVENTEEN LANES,LTD. 2M.R.r.SWE,ao o PLAN AND PROFILE 0+00-4+50 �1Y1 7522D N d K=I,n O � RECONSTRUCTION OF DAM No.7 NO. REVISIONS 0A Q o D Baird,Hampton&Brown,Inc. O - u AT SEVENTEEN LAKES Dcva+cD: Draw: a CKm: are: G "of ...[nq & PI—I.p FORT WORTH,TEXAS SLN DP/MP OL 03/11/2014 MATCH LINE STA.4+50 � ml.elnro I I II II II I II I �• � II II II IIlII I Dm.e°an III j� Ij II I v 6EV. I III I I I I II �•�� P • I I IIII III III �I A 1. A ♦10. � I II III �• 92 I II h car.ew.n , I I I IIII Z INX4,1 II Ili i O K W92 I I cm.elzs) I I I I I{ I I I II I III 1 I I Illlll I � mr:elsx � I IIII I I g€ it I iil �q vl- Ai LL I I I I IIII I °&?<ixg>1� / II (IIII ( cm-6n.m 1 1 1 1 1 1 4g / ( IIII IIII �� ti. n / II IIII car-e19ee I III Ic-LAN I DOT•62D.0 IN yy \ ,PaMr�.ie pp� 4�8 � gg yee )• �� rya ¢ g mr.nDSS sr . ) STA o z n — n I COr.n1.61 A ) II ra• x srA e.n �I�/1�11 om.esADD {, fill)1111 11 o u z �mS�; C�SQ � � •S •o A $ EXHIBIT B-2-DAM NO.7 62VENTREN Lwe N* LTV. w� 28%W .SUnt IDD PLAN AND PROFILE 4+50-9+21 W•TE' 75220 RECONSTRUCTION OF DAM No.7 NO. REVISIONS OAIE AT SEVENTEEN LAKES 9O D Baird,Hampton&Brown,Inc. DESA:IIFD: DO- CHECaD DALE: U� Enpin��rin� h Plannin� FORT WORTH,TEXAS SLN DP/MP OL 07/11/2014 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. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the outfall. Disposal shall be in accordance with federal, state and local regulations. 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 outfall and silt, litter and debris removal dates. • 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 MAINTENANCE CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE 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 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 Rip- - Rap STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.01/09//2007 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