HomeMy WebLinkAboutContract 47357 CITY SECRETAW
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DOE # 7276 CONTRACT NO.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of prc� �� , 20 ;
by and between PULTE HOMES OF TEXAS, L.P., acting by and through Clint Vincent,
hereinafter referred to as "Developer", the TRAILS OF FOSSIL CREEK
HOMEOWNERS ASSOCIATION, hereinafter referred to as "Association" and
"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 Lot
49 Block T of the Trails of Fossil Creels Addition, Tarrant County, Texas according to the
deed recorded in Document Number D214089646, Deed Records, Tarrant County, Texas,
hereinafter called the "Property".
WHEREAS, the Developer 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
I
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014
k
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");
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 Developer 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.
3. The Landowner and Association, its successors and assigns, hereby grant
permission to the City, its authorized agents and employees, to enter upon the
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14//2014
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.
S. 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
DEVELOPER AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. DEVELOPER AND ASSOCIATION
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.05/14//2014
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/14/12014
Executed this day of
Developer City of Fort Worth
PULTE HOMES OF TEXAS, L.P.
Fernando Costa
Name'. Assistant City Manager
Title: Approved as to Form and Legality
TRAILS OF FOSSIL CREEK
HOMEOWNERS ASSOCIATION
Homeowners Association
......................... Assistant City A666e
OR?'
ATTEST P&
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Name:
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Title:
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FE 1A10R1,f% TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.05/14//2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
Fernando Costa,Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
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K 1 A, j 0 Hf
Notary Publjj , Stat�,,a Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
. 20 ` personally appeared
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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 of PU TE
HMS OF TEXAS, L.P., and
that he executed the same as its the act of such limited
partnership and for the purposes and consideration expressed in the foregoing instrument.
JESSICA, 14EI��,NANDEZ
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as / t.� ,j n r7 �s.,r�,�, i,jvr,. No y Public, Stat of as
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STATE OF TEXAS §
COUNTY OF TARRANT §
s instrt ument was acknowledged before d by,
authorized representative, on
behalf of the
Homeowners Association.
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STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.05/14//2014
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.05114//2014
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a tract 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 Lot 49, Block T of
Trails of Fossil Creek, an addition to the City of Fort Worth as recorded in Document
Number D214089646, Plat Records of Tarrant County, Texas, and being further described
as follows:
COMMENCING at a one—half inch iron rod found in the west line of said Lot 49, said point
being the southwest corner of Lot 36, Block T of Trails of Fossil Creek, Phase 2A-2, an
addition to the City of Fort Worth, as recorded in Document Number D214098479, Plat
Records of Tarrant County, Texas, said point being in the southeast line of Calcite Drive
(a 50 foot right—of—way) as recorded in said Trails of Fossil Creek, Phase 2A-2;
THENCE Southwesterly, 181.75 feet along the west line of said Lot 49 and along the
southeast line of Calcite Drive and along a curve to the right having a central angle of
37 degrees 03 minutes 30 seconds, a radius of 281.00 feet, a tangent of 94.18 feet, and
whose chord bears South 31 degrees 31 minutes 36 seconds West, 178.60 feet to the
POINT OF BEGINNING of the herein described tract of land;
THENCE North 83 degrees 28 minutes 29 seconds East, 268.72 feet to a point for corner;
THENCE South 05 degrees 43 minutes 04 seconds East, 60.00 feet to a point for corner;
THENCE South 83 degrees 28 minutes 29 seconds West, 268.72 feet to a point for
corner;
THENCE South 89 degrees 31 minutes 57 seconds West, 53.60 feet to a point for corner;
THENCE North 75 degrees 20 minutes 53 seconds West, 41.14 feet to a point in the west
line of said Lot 49, said point being in the southeast line of Calcite Drive;
THENCE Northeasterly, 101.12 feet along the west line of said Lot 49, along the southeast
line of Calcite Drive and along a non—tangent curve to the left having a central angle of
20 degrees 37 minutes 09 seconds, a radius of 281.00 feet, a tangent of 51.12 feet, and
whose chord bears North 60 degrees 21 minutes 56 seconds East, 100.58 feet to the
POINT OF BEGINNING and containing 18,863 square feet or 0.433 of an acre of land.
...............................
BILLY M.LOGSDON,.IR.
:::A...�7...Qv
BILL M. LOGSDON, �q'�pESSxa °�
R.P.L.S. NO. 6487 SURy
FEBRUARY 10, 201
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B
02-10-15 BML PUL007 ADDISON, TEXAS 75001
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EXHIBIT "B"
LOT 49, BLOCK T EX. 25' SANITARY SEWER EASEMENT
TRAILS OF FOSSIL CREEK DOCUMENT NO. D205201819 1;y=60'
DOC, NO. D214089646 I D.R.T.C.T.
P.R.T.C,T.
GRADING AND s 5*4
CONSTRUCTION ESMT. 60.0
-DOC NO. D214089646
D.R.1.C.T.
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PREPARED BY DJ BI PARTNERS, INC.
(CITY OF FORT WORTH CASE NO.
C4 FP-07-179-FM)
(CM) I I 1—
A--37'p3 30 c6 00 LOT 49, BLOCK T
uj R=281-00' to CD TRAILS OF FOSSIL CREEK
C4 C4
0 L=181.75' DOC. NO. D214089646
P.R.T.C.T.
T=9 4.18'
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(cm) DOC NO. D214089646 i \\ ...
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P. NO. '7
(n FEBRUARY 10, 2015
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TRAILS OF FOSSIL CREEK POB ...... ........
P ...............
BILLY M.LOGSiDON,JR.
PI 2A 2 +
DOCUMENT NO. D214098479 qqpp
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IRF IRON ROD FOUND
CM CONTROL MONUMENT
POB POINT OF BEGINNING DOLERITI DRIVE
Poc POINT OF COIIAMENCING
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2006 ,ev'm I Moab,
1"=60, 02-10-15 BML PUL007 ADDISON, TEXAS 75001 Vol
JTBPE No. F-438 TBPLSN_Q 1_0076Q
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EXHIBIT "B"
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
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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 g
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.05114//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 11
Rev.05/14//2014