HomeMy WebLinkAboutContract 47257 CITY SECRETAN
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STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of . kv t` (fnt e j,',. 02, by
and between SJ Silver Ridge Development, L.P., acting by and through Steve Hawkins,
hereinafter referred to as "Landowner", the Silver Ridge Phase Two Residential
Association, Inc., 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 1.238 acre tract located in the Woods, JP Survey, Abstract 1886, Tarrant
County, Texas, being portions of Tract A and Tract B described in the deed recorded in
Instrument No. D203354039 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 Silver Ridge Addition, Phase 2
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
OFFICIAL RECORD
CITY SECREVARY
F' T
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014
f
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, 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
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,
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14/12014
i
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
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 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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.05/14//2014
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/14//2014
0
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 SJ Silver Ridge Development, L.P. as Landowner hereunder
shall expire and be of no further force or effect upon the transfer ("Transfer")
by SJ Silver Ridge Development, L.P. to the Association of legal title to the
Facility Property, save and except for any liabilities, indemnities and
obligations of SJ Silver Ridge Development, 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.
,d
Executed this day of "" "��015.
Landowner City of Fort Worth
SJ Silver Ridge Development, L.P.
A Texas Limited Partnership Jesus J. Chapa
Assistant City Manager
By: SJ Silve Ridge, LLC
ASGas , ' Pe�eabil�..,Company,
,.. IF Approved as to Form and Legality
B
N Steve Hawkins Assistant City"Attorney
Title-:onager
Home er Association Attest
SII r 4 e��Phac' vo `" �
✓ .. ? ova � ;
ssociation, Inc. Cit Sec ary
% �y
3.
.- Name: Steve Hawkinsat
Title: HOA President
I .."......
1)FFICIAL RECORD
C11"Iff SECRET 11Y
I,,, . wo,''iG�rrrri, TX'
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14/12014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �w. � � by
Jesus J. Chapa , Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
� 19NDA M Hin�f�EN��P
" I'if t 5 Not*Public State of Texas
�'oGr��4i9�'�a,2f)10 Y
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
2015, personally appeared
known
to me to e the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
1 ) , and that he executed the same as its
and as the act of such and for the purposes and
considerate n expressed in the foregoing instrum
CANDACE P VICK ' IVY
Notary Public
State of Texas Notary Pub c, State of Texas
� P
N ,OF,(�}. My Comm. Exp,05-29-2017
STATE OF TEXAS §
COUNTY OF TARRANT §
Th' instru ent was acl owledged before me on by
y � ,
, authorized representative, acting on behalf of the
a Homeowners Association.
" C=PVICK Notary P lic, State of Texas
My C
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.05/141/2014
`
EXHIBIT "A "
STORM WATER DETENTION FACILITY
PROPERTY DESCRIPTION
BEING a tract of land situated in the J.P. Woods Survey, Abstract No. 1886, City of Fort Worth, Tarrant County, Texas, being a
part of a tract of land described as Tracts A and 8 In deed to SJ Silver Ridge Development, LP, recorded in County Clerk's
Document Number D203354039, Deed Records, Tarrant County, Texas, said tract of land being more particularly described by
metes and bounds as follows:
Commencing at the point in the east right—of—way line Silver Ridge Boulevard (a 68' width public right—of—way), the northwest
corner of Block 2, Silver Ridge Phase 1, Section 1, recorded in Volume 388-219, Page 7, Plat Records, Tarrant County, Texas;
South 69'14'30" East, with the north line of said Block 2, Silver Ridge Phase 1, Section 1, a distance of 225.37 feet to a point;
North 20*45'30" East, departing the north line of said Block 2, Silver Ridge Phase 1, Section 1, a distance of 43.27 feet to the
POINT of BEGINNING of herein described tract;
THENCE North, a distance of 30.46 feet to a point;
THENCE North 44'35'27" East, a distance of 86.81 feet to a point;
THENCE North 45'24'33" West, a distance of 24.55 feet to a point;
THENCE North 44*35'27" East, a distance of 35.00 feet to a point;
THENCE South 45*24'33" East, a distance of 9.79 feet to a point;
THENCE North 44'35'27" East, a distance of 14.46 feet to a point;
THENCE North 61*38'09" East, a distance of 32.43 feet to a point;
THENCE North 76*02'06" East, a distance of 91.51 feet to a point;
THENCE South 56'59'01" East, a distance of 27.25 feet to a point;
THENCE South 33'02'22" West, a distance of 29.21 feet to a point;
THENCE South 60*47'04" East, a distance of 38.92 feet to a point;
THENCE South 12*30'48" East, a distance of 208.85 feet to a point;THENCE South 78*35'41" East, a distance of 57.41 feet to a
point for the beginning of a non—tangent curve to the left having a central angle of 23*57'11", a radius of 50.00 feet and a
chord bearing and distance of South 18'01'44' East — 20.75 feet;
THENCE with said non—tangent curve to the left, in a southeasterly direction, an are length of 20.90 feet to a point;
THENCE South 59'59'41" West, a distance of 40.50 feet to a point;
THENCE North 76*48'45" West, a distance of 35.27 feet to a point;
THENCE North 65*13'09" West, a distance of 310.51 feet to the POINT of Beginning and containing a calculated area of 53,938
square feet or 1.238 acres of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon GPS measurements, according to the GPS Reference Network.
The metes and bounds description contained herein was compiled from information contained in recorded
documents and does not reflect the results of an on the ground survey.
A drawing of even date accompanies this metes and bounds description.
DUNAWAY JOB NO. 2002209,020 PAGE 1 OF 2
EXHIBIT"A"
STORM WATER DETENTION
Registered Professional Land Surveyor Xi�OF FACILITY
Texas Registration No. 5570 ST�
.r(f, STEPHEN R,GLOSUP RECORDED IN C.C.D. NO.
D212283151, DEED RECORDS,
DUNAWAY TARRANT COUNTY,TEXAS
550 Bailey Avenue Suite 400 Fort Worth,Texas 76107 tv
Tel:817.335,1121
Situated In the J.P. Woods Survey, Abstract No.
FIRM REGISTRATION 10098100 1886, City of Fort Worth, Tarrant County, Texas.
EXHIBIT "A "
STORM WATER DETENTION FACILITY
TRACT A
d SJ SILVER RIDGE DEVELOPMENT, LP
cc 3 G.C.D. NO. D203354039 0 100'
Q TRACT B D.R.T.C.T.
W O SJ SILVER RIDGE DEVELOPMENT, LP �rq scA�E FEET
'r ►� C.C.D. NO. D203354039 Cr
d
D.R.T.C.T. N61'38'09"E
ca re 32.43'
N44'35'27"E
4 5�� 14.46' 02'0' ,..`.. S56'59'01"E
S45`24'33"E76 ,51 27.25'
Q "Q
cc N44'35'27"E 9.79
LU P��1035`00' S33`02'22"W
45 u0 N45'24'33"W 29.21
:°. 24.55'
560'47'04"E
38.92`
S69- NORTH ai
43ro
p E 30.46' 53,938 SQ. FT. / 1.238 ACRES 4
N20'45'30"E POINT OF
43.27' BEGINNING
Cp N� � ,c r
M sk
uti
C/ , Nay S78'35'41"E
�0�U1lE 'oH� p��K' N76'48'45"W 57.41'
pR8�Zr9 /, SAC �IOSI, 35.27' C1
OR r c T pq Ge rr N I
(SO, kj 1(elll BLOCK 2
RO�l/ S59'59'41"W
V�<rC
RIC, I OP— 40.50'
wi y)
Curve Table
Curve Central Arc Chard Bearing .
Number Angle Radius Length and Distance
««««
C1 2Y57'1 1" 50.00' 20.90' S18'01'44"E 20.75'
,m«.im mmm .
C.G.D. N0, = COUNTY CLERK'S DOCUMENT NUMBER m^n«m wm««........STEPHEN R. GLOSUP
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY TEXAS � o 570
P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS "DUNAWAY A metes and bounds description of Y.-I
even date accompanies this drawing. 550 Bailey Avenue • Suite 400 - Fort worth,Texas 76107
Tel:817.335.1121 PAGE 2 OF 2
FIRM REGISTRATION 10098100
DATE: MAY 27, 2015 DUNAWAY JOB NO. 2002209.020
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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
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.05/14//2014
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.05/14//2014
Storm Water Detention Pond Closure Report.txt
North: 6962548.84' East: 2271934.81'
Segment #1 . Line
Course: NO' 00' 00.00"E Length: 30.46'
North: 6962579.30' East: 2271934.81'
segment #2 . Line
Course: N44° 35' 26. 52"E Length: 86.81'
North: 6962641.12' East: 2271995.75'
Segment #3 . Line
Course: N45° 24' 33.48"W Length: 24.55'
North: 6962658.35' East: 2271978.27'
Segment #4 . Line
Course: N44° 35' 26. 52"E Length: 35.00'
North: 6962683.28' East: 2272002.84'
Segment #5 . Line
Course: S45° 24' 33.48"E Length: 9.79'
North: 6962676.41' East: 2272009.81'
Segment #6 . Line
Course: N44° 35' 26. 52"E Length: 14.46'
North: 6962686.70' East: 2272019.97'
Segment #7 . Line
Course: N61° 38' 09.45"E Length: 32.43'
North: 6962702.11' East: 2272048.50'
Segment #8 . Line
Course: N76° 02' 05.95"E Length: 91.51'
North: 6962724.19' East: 2272137.31'
Segment #9 . Line
Course: 556° 59' 01.21"E Length: 27.25'
North: 6962709.35' East: 2272160.16'
Segment #10 . Line
Course: S33° 02' 21.86"W Length: 29.21'
North: 6962684.86' East: 2272144.23'
Segment #11 Line
Page 1
Storm Water Detention Pond Closure Report.txt
Course: S60° 47' 03.80"E Length: 38.92'
North: 6962665.86' East: 2272178.20'
Segment #12 Line
Course: S12° 30' 48.21"E Length: 208.85'
North: 6962461.97' East: 2272223.45'
Segment #13 Line
Course: S78° 35' 41.26"E Length: 57.41'
North: 6962450.62' East: 2272279.73'
segment #14 . Curve
Length: 20.90' Radius: 50.00'
Delta: 23°57'10.74" Tangent: 10.61'
Chord: 20.75' Course: S18° 01' 44.00"E
Course In: N83° 56' 51.37"E Course out: S59° 59' 40.63"w
RP North: 6962455.89' East: 2272329.45'
End North: 6962430.89' East: 2272286.15'
Segment #15 Line
Course: S59° 59' 40.63"W Length: 40.50'
North: 6962410.64' East: 2272251.08'
Segment #16 . Line
Course: N76° 48' 44.64"W Length: 35.27'
North: 6962418.68' East: 2272216.74'
Segment #17 . Line
Course: N65° 13' 09.25"W Length: 310. 51'
North: 6962548.83' East: 2271934.82'
Perimeter: 1093.83' Area: 1.239acres
Error Closure: 0.01 Course: S61° 52' 37.31"E
Error North: -0.005 East: 0.010
Precision 1: 109368.00
Page 2