HomeMy WebLinkAboutContract 46995 CITY SEC� �,U
CONTRACT N
DOE # 7276
STORMWATER FACILITY
s _
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 0 r
by and between PULTE HOMES OF TEXAS, L.P., acting by and through Clint Vincent,
hereinafter referred to as "Landowner", the TRAILS OF FOSSIL CREEK
HOMEOWNERS ASSOCIATION 1eyreinafter 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 35.285 acre tract located in the Henry Robertson Survey, Abstract No.
1259, Tarrant County, Texas according to the deed recorded in Document Number
D212269394, 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 The Trails of Fossil Creek Phase
2A-3 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 Stormwater 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 Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns, includi g.Assocration, the location and dimensions
OFFICIAL CIAL 1,
9TORMWATER FACILITY MAINTENANCE AGREEMENT r � .
Rev.05/14/12014
of which is shown and more particularly described by metes and bounds in the attached
Exhibit"A"("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater 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 Stormwater 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 Stormwater Facility includes all pipes, channels or other conveyances built
to convey stormwater to the facility, as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater.
Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions. The Stormwater
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14//2014
3. The Landowner and Association, its successors and assigns, hereby grant
permission to the City, its authorized agents and employees, to enter upon the
Properly 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 as specified herein,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 fields 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.05/14//2014
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
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 LANDOWNER OR ANY
FUTURE OWNERS OF THE FACILITITY PROPERTY TO
MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO
THE BED AND BANKS OF THE DETENTION POND; ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE
OF THE BANKS OF THE POND, OR(3) FAILURE OF THE POND OR
ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY
OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY
OTHER 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, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/141/2014
obligations of PULTE HOMES OF TEXAS, L.P. as Landowner hereunder
shall expire and be of no fiuther force or effect upon the transfer ("Transfer")
by PULTE HOMES OF TEXAS, L.P. to the Association of legal title to the
Facility Property, save and except for any liabilities, indemnities and
obligations of PULTE HOMES OF TEXAS, L.P. 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 November. 20 2014.
Landowner: City of Fort Worth
PULTE HOMES OF TEXAS, L.P
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, YWn Y!tiow" Y17LC
Name: < .° °
Assistant City Manager
Title. m Approved as to Form and Legality
m
Homeowners Association
Assistant City Attorney
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Name: ATTEST °°n
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Title: . ,m� ma ,W 0 _ ..
City Secre
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OFFICIAL f ECAVRD
CITY SECREVIAW'
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.05/14//2014 ..
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on '°I, AD 16 by
(ju
Fernando Costa, Assistant City Manager of the City of Fort W6rth, on behalf of the City
of Fort Worth.
01 1,
LINDA M.HIRRLINGER
Y COMMISSION EXPIRES
I lv"4
Febwary 2,20183 N66&ry Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this l day of
1�ayfi4AY, 5 2014, personally appeared i v* V
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is e act o PULTE HQ,��,ES OF TEXAS, L.P., and
that he executed the same a., L (bw1V(anWMFe act of such limited
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partnership and for the purposes and consideration expressed in the foregoing instrument.
HERINAN
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STATE OF TEXAS §
COUNTY OF TARRANT §
Thi instrument was acknowledged before me on DLCL�jLI)ANJ-by,
authorized representative, acting on behalf of the
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4; �,C-�4,k—,- Homeowners Association.
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05114//2014 FT,, W, ()R1r!H 1"Ir 6
EXHIBIT "
PAGE 1 OF 2
LEGAL DESCRIPTION
BEING a parcel of land located in the City of Fort Worth, Tarrant County, Texas, a part
of the Henry Robertson Survey, Abstract No. 1259, and being a part of that called
35.285 acre tract of land described in a deed from MDC— The Trails Limited Partnership
to Pulte Homes of Texas, L.P., as recorded in Document Number D212269394, Tarrant
County Deed Records, and being further described as follows:
BEGINNING at a one—half inch iron rod found in the west line of said 35.285 acre tract
of land, said point being the southwest corner of Lot 4, Block T of Trails of Fossil Creek
Phase 2A-2, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in
Document Number D214098479, Tarrant County Plat Records, and said point being in the
east line of a called 180.480 acre tract of land described as Tract 1 in a deed to FHP
Partners, L.P., as recorded in Document Number D204097023, Tarrant County Deed
Records;
THENCE North 89 degrees 50 minutes 00 seconds East, 100.00 feet along the south line
of said Lot 4 to a one—half inch iron rod found at the southeast corner of said Lot 4,
said point being in the west line of Pyrite Drive (a 50 foot wide right—of—way);
THENCE Southwesterly, 1.03 feet along the west line of Pyrite Drive and along a curve to
the left having a central angle of 00 degrees 20 minutes 12 seconds, a radius of 175.00
feet, a tangent of 0.51 feet, and whose chord bears South 00 degrees 00 minutes 06
seconds West, 1.03 feet to a one—half inch iron rod set for corner;
THENCE South 00 degrees 10 minutes 00 seconds East, 378.97 feet to a point for
corner;
THENCE South 89 degrees 50 minutes 00 seconds West, 100.00 feet to a point in the
west line of said 35.285 acre tract of land, said point being in the east line of said
180.480 acre tract of land;
THENCE North 00 degrees 10 minutes 00 seconds West, 380.00 feet with the west line of
said 35.285 acre tract of land to the POINT OF BEGINNING and containing 38,000 square
feet or 0.872 of an acre of land.
......................
BILLY M.LOGSDON,JR.
...............................
6487
BIUY M. LOGSD
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R.P.L.S. N0. 64i , SURI
FEBRUARY 18, 2015
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B
02-18-15 BML PUL007
=F-438 N, TEXAS 75001 `
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EXHIBIT
PAGE 2 OF 2
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CALLED 180.480 ACRES
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TRACT 1 P® N89050'00" I.R s. w o
DOCUMENT NO. D204097023 I- ; 1 =50
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0 00 D.R.T.C.T. LOT 5, BLOCK T DOCUMENT NO. D212269394
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CALLED 180.480 ACRES FEBRUARY 18, 2015
FHP PARTNERS, L.P. — — — —
TRACT 1 \
DOCUMENT NO. D204097023
100' DRAINAGE OF F
EASEMENT
DOC NO D214022343
...............................
BILLY M.LOGSDON,JR.
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Exhibit"C"
CITY OF FORT WORTH STORMWATER 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.05/14//2014
Exhibit"D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
s stem 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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT 0
Rev.05/14//2014
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014