HomeMy WebLinkAboutContract 32234 �- mw CITY SECRETARY
CONTRACT NO.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
ILS`` ' L�O• , - , by and between CL Texas L.P., a Texas Limited Partnership,
acting by and through its general partner CL Texas I GP, L.L.C.,. hereinafter referred to as
"Landowner", the Summer Creek Ranch Homeowner 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 2.90 acre tract located in the Antonio Castillo Survey, Abstract 272,
Tarrant County, Texas according to the deed recorded in Volume 16835, Page 316, Deed
Records, Tarrant County, Texas and being more particulary described by metes and
bounds in Exhibit "A" 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 Summer Creek Ranch Section V,
Phase B 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 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; and
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WHEREAS, the Facility shall be located on the Property; and
WHEREAS, Landowner agrees to convey the 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
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 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 "B". 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 "C", 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 R RRi�aa
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Property and to inspect the Facility 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 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
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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 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, 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 CL Texas, L.P. ("CL Texas") as Landowner hereunder shall
expire and be of no further force or effect upon the transfer ("Transfer") by CL
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Texas to the Association of legal title to the Property, save and except for any
liabilities, indemnities and obligations of CL Texas 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 l(P day of-fa,6. 2005.
Landowner City
CL Texas, L.P., a Texas Limited Partnership, City of Fort Worth
acting by and through its General Partner
CL Texas I GP, L.L.C.
Gary Mc tee) %Assist
Vice President ity Manager
Summer Creek Ranch Homeowner Association Approved to Form and Legality
ary cAt l As istant City torney
President
ATTEST
f)\ W�a��
City Secretary
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Contr Ct huthori atioa
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Date
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on ' tip„ /etc by
Marc A. Ott, Assistant City Manager of the City of Fort Worthi, on behalf of the City of
Fort Worth.
i
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07
ES- Notary Public, State of Texas
JulySTATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day personally appeared Gary
McAtee, Vice President of CL Texas I GP, L.L.C., a General Partner of the partnership of
CL Texas, L.P., a Texas Limited Partnership, 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
CL Texas, L.P., a Texas Limited Partnership, and that he executed the same as its General
Partner and as the act of such limited partnership and for the purposes and consideration
expressed in the foregoing instrument.
—� e�, (�;12 4-ycly
Notary 4ublic,6tate of Texas
§ `�` ,, TISHA ANN EAMES
STATE OF TEXAS =� c,=Noca�f wmis%,. state of Texas
v"
® hey Commission txptres
COUNTY OF DALLAS § o.'},`,0F„ �' 71/30/2t)U5
This instrument was acknowledged before me on Fcb _ �(o�, � �c�tj by Gary
McAtee, authorized representative, acting on behalf of the Summer Creek Ranch
Homeowner Association.
�:��V'6�La,, TISHA ANN EAMES A)
?� � Noiary Public• state of Texas
fA H�
My Commission Expires Notary Pu lic, Sta of Texas
of„`,�+°� 11/30/2005
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Summer Creek Ranch,Section V-B
Antonio Castillo Survey,Abstract 272
EXHIBIT "A"
FIELD NOTES
BEING a rectangular shaped tract of land located in the ANTONIO CASTILLO
SURVEY, ABSTRACT 272, City of Fort Worth, Tarrant County, Texas and situated in
that certain Tract 1 as conveyed to CL REALTY, LP by instrument recorded in Volume
16835, Page 313, Deed Records, Tarrant County, Texas and further described as follows:
BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON INC" found in the
southerly line of Lot 37, Block 15, SUMMER CREEK RANCH, an addition to said City
of Fort Worth according to the plat thereof recorded in Cabinet A, Slide 6676, Plat
Records, Tarrant County, Texas (PRTCT) and from which a %2-inch iron rod with cap
stamped "GOODWIN & MARSHALL" found for the southeasterly corner of said Lot 37
bears North 89°41'50" East, 118.00 feet and a 'V2-inch iron rod with cap stamped
"GOODWIN & MARSHALL" found for the southwesterly corner of said Lot 37 bears
South 89°41'50" West, 419.84 feet;
THENCE South 00°17'54" East, 407.35 feet to a found 5/8-inch iron rod with cap
stamped "SURVCON INC";
THENCE South 89°41'53" West, 309.87 feet to a found 5/8-inch iron rod with cap
stamped "SURVCON INC";
THENCE North 00°18'07" West, 407.34 feet to said southerly line of Lot 37 to a found
5/8-inch iron rod with cap stamped "SURVCON INC";
THENCE North 89°41'50" East along said southerly line of said Lot 37, 309.90 feet to
the POINT OF BEGINNING and ENCOMPASSING a computed area of 2.8978 acres
(126,230 square feet) of land.
Basis of Bearings for this description is the southerly line of that certain Lot 37, Block
15, SUMMER CREEK RANCH as recorded in Cabinet "A'; Slide 6676, Plat Records,
Tarrant County, Texas.
Prepared By: SURVCON, INC.
Dated: December 3, 2004
Job Number: 7170095
C-RGUSON
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EXHIBIT "A"
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LOT 37, BLOCK 15
SUMMER CREEK RANCH
CABINET A, SLIDE 6676 s9�000lti
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P.R.T.C.T. 9Fo°otic p
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419.84' N89'41'50"E 309.90' 118.00'
FOUND 5/8 INCH ,FOUND 5/8 INCH
ROD FOUND W/CAP ROD FOUND W/CAP
:_? %` STAMPED "SURVCON INC" STAMPED "SURVCON INC" 31
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14
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� 2.8978 ACRES 28
CA 126,230 SQ.FT. ����
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27 26
FOUND 5/8 INCH FOUND 5/8 INCH
ROD FOUND W/CAP ROD FOUND W/CAP
STAMPED "SURVCON INC" STAMPED "SURVCON INC"
S89'41'53"W 309.87'
LOT 1, BLOCK 1
NORTH CROWLETY HIGH SCHOOL $
CABINET A, SLIDE 3394
P.R.T.C.T.
b
EXHIBIT SHOWING
GRAPHIC SCALE 2.8978 ACRES OF LAND
100 o sa 100 ANTONIO CASTILLO SURVEY, ABSTRACT 272 d
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS o
SURVCON INC. g
(IN FEET) PROFESSIONAL SURVEYORS
1 inch = 100 ft. 1200 SUMMIT AVENUE, SUITE 600 $
FORT WORTH, TEXAS 76102 (817) 698-6770
SCALE: 1" 100' JOB jF. 7170040 a
DATE: JUNE 2005 F.B. #: N/A
SHEET 2 OF 2 DRAWN BY: R.D.J. CAD DATE: JUNE 2005
CHECKED BY: L.G.F. CAD FILE: 717095 SC 5 DE ESMT.DWG
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Exhibit "B"
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.
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Exhibit "C"
Storm Water Structural 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
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 r,
Condition of Rip- �U-
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Rap
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/26/2005
DATE: Tuesday, April 26, 2005
LOG NAME: 30SCRHA3871 REFERENCE NO.: **C-20673
SUBJECT:
Authorize the Acceptance of One Storm Water Facility Maintenance Agreement from CL Texas, L.P.
and the Summer Creek Ranch Homeowner Association for Property Located South of Risinger
Road and West of Hulen Street in Southwest Fort Worth (DOE 3871)
RECOMMENDATION:
It is recommended that the City Council approve the acceptance of one Storm Water Facility Maintenance
Agreement(SWMA) from CL Texas, L.P. and the Summer Creek Ranch Homeowner Association.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the
owner, CL Texas, L.P. and the Summer Creek Ranch Homeowners Association. The City of Fort Worth will
not pay any expenses for the maintenance of this facility. The storm water facility detains storm water run-
off coming out of the Summer Creek Ranch Phase 5A and 5B development and is further described as
follows:
Owner Type Legal Description Acreage
CL Texas, L.P. SWMA Portion of the Antonio Castillo 2.9
Survey,Abstract No.272,
Tarrant County, Texas,
Volume 16835, Page 313
The property is located in COUNCIL DISTRICT 6, Mapsco 103T.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by. Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker(6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 06/08/2005
Page 2 of 2
Additional information Contact: A. Douglas Rademaker(6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 06/08/2005