HomeMy WebLinkAboutContract 31180 CITY SECRETARY,
CONTRACT NO ,
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
2 , .' f , by and between Riverbend Investment, Ltd., a Texas Limited
Partnership, acting by and through its General Partner RBE Investment Corp. hereinafter
referred to as "Landowner", the Lakes of River Trails 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 32.249 acre tract located in the A.S. Trimble Survey, Abstract 1528,
Tarrant County, Texas according to the deed recorded in Volume 13681, Page 387, 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 Lakes of River Trails hereinafter
called the "Plan", which is expressly made a part hereof, as approved or to be approved
by the City 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 ] Ul W-01
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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.
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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 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
Comity, 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 HOLIE THE
01"71 � �1�
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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
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.
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Executed this �'' day of—Ptc 2004.
Landowner City
Riverbend Investment, Ltd., a Texas City of Fort Worth
Limited Partnership, acting by and through
Its General Partner RBE Investment Corp.
Kenneth Newell WcA.
President Assistant kity Manager
Lakes of River Trails Homeowner Association Approv d as t orm. and Legality
Kenneth Newell AsistarYCity Attorney
President
ATTEST
City Secretary
t .;-- 122 0
:ntract Authori ation
to
0FFICIA,t
CITY
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on U/ /V_ 0.5 by
Marc A. Ott, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
HETTIE LANE
f ` MY COMMISSION EXPIRES.
July 26,2007 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me,the undersigned authority on this day personally appeared Kenneth
Newell, President of RBE Investment Corp., a General Partner of the partnership of
Riverbend Investment, Ltd., 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 Riverbend Investment, Ltd., 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.
LINDA G ELLIS
"& A
Q NOTARY PUBLIC
`• State of Texas Notary Public, State of Texas
" Comm. Ev. 10-21-2006
\N\\\
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �ntti;000tJ�� by Kenneth
Newell, authorized representative, acting on behalf of the Lakes of River Trails
Homeowner Association.
LINDA G ELLIS �,_,//
-s;
NOTARY PUBLIC 71�[/ �—Vxo
i
*. State of Texas Notary Public, State of Texas
`Comm. Exp. 10-21-2006
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Ciff SEU17-IR j.3
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EXHIBIT"A"
BEGINNING at a point lying in the West line of Lot 1, Block 7, Lakes of River Trails, an
addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 6491, Plat Records, Tarrant County, Texas;
THENCE along the West line of said Lakes of River Trails recorded in Cabinet A, Slide
6491 as follows:
1. S83°42'20"W, a distance of 44.88 feet to a point;
2. S08050'12"W, a distance of 64.16 feet to a point;
3. S45052'31"E, a distance of 98.59 feet to a point at the beginning of a non tangent
curve to the left;
4. southeasterly, 186.49 feet along said non tangent curve to the left, having a radius
of 50.00 feet, a central angle of 213042'09" and a chord bearing S62°43'36"E, 95.71 feet
to a point;
5. S79034'40"E, a distance of 67.84 feet to a point;
6. S1 0025'20"W, a distance of 110.00 feet to a point;
7. S79034'40"E, a distance of 100.00 feet to a point;
8. S08033'56"E, a distance of 137.86 feet to a point;
9. N78039'45"E, a distance of 110.00 feet to a point at the beginning of a non tangent
curve to the left;
10. southeasterly, 275.91 feet along said non tangent curve to the left, having a
radius of 555.00 feet, a central angle of 28029'01" and a chord bearing S25°34'46"E,
273.08 feet to a point;
11. S39049'16"E, a distance of 164.40 feet to a point at the Northeast corner of Lot 8,
Block 6, Lakes of River Trails, an addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 5983, Plat Records, Tarrant
County, Texas;
THENCE along the North and West line of said Lakes of River Trails recorded in Cabinet
A, Slide 5983 as follows:
1. S50010'44"W, a distance of 110.96 feet to a point;
2. S39049'1 6"E, a distance of 110.00 feet to a point at the Southwest corner of Lot 9,
Block 6, in said Lakes of River Trails recorded in Cabinet A, Slide 5983;
3. S5001 0'44"W, a distance of 5.41 feet to a point at the beginning of a cup `e_,
,. ,:. g
right;
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4. southwesterly along said curve to the right, at 20.71 feet passing the Northeast
corner of Lakes of River Trails, an addition to the City of Fort Worth, Tarrant County,
Texas, according to the corrected plat recorded in Cabinet A, Slide 9098, Plat Records,
Tarrant County, Texas, in all an arc length of 68.41 feet, having a radius of 375.00 feet,
a central angle of 10027'07" and a chord bearing S55024'1 8"W 68.31 feet to a point of
compound curve to the right;
THENCE along the North line of said Lakes of River Trails, recorded in Cabinet A, Slide
9098 and said compound curve to the right as follows:
1. westerly, 152.57 feet, along said compound curve to the right, having a radius of
275.00 feet and a central angle of 31047'18", a distance of 152.57 feet to a point;
2. N87034'51"W, a distance of 304.19 feet to a point at the beginning of a curve to the
right;
3. westerly, 38.98 feet, along said curve to the right, having a radius of 275.00 feet, a
central angle of 08007'16" and a chord bearing N83031'1 TW 38.95 feet to a point;
4. N79027'35"W, a distance of 63.59 feet to a point at the beginning of a curve to the
left;
5. westerly, 46.07 feet, along said curve to the left, having a radius of 325.00 feet, a
central angle of 08007'16" and a chord bearing N83031'13"W 46.03 feet to a point;
6. N87034'51"W, a distance of 158.76 feet to a point at the beginning of a curve to the
right;
7. westerly, 232.49 feet, along said curve to the right, having a radius of 475.00 feet,
a central angle of 28002'36" and a chord bearing N73033'33"W 230.17 feet to a point;
8. N59032'1 5"W, a distance of 83.48 feet to a point at the beginning of a curve to the
left;
9. northwesterly, 74.83 feet, along said curve to the left, having a radius of 525.00
feet, a central angle of 08010'01" and a chord bearing N63037'16"W 74.77 to a point at
the Northwest corner of said Lakes of River Trails, recorded in Cabinet A, Slide 9098;
THENCE N22017'44"E, a distance of 20.00 feet to a point at the beginning of a non
tangent curve to the left;
THENCE westerly, 87.47 feet along said non tangent curve to the left, having a radius of
545.00 feet, a central angle of 09011'46" and a chord bearing N72018'09"W, 87.38 feet
to a point;
THENCE N76054'02"W, a distance of 155.44 feet to a point at the beginning of a curve
to the right;
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THENCE northwesterly, 78.57 feet, along said curve to the right, having a radius of
205.00 feet, a central angle of 21057'39" and a chord bearing N65055'1 3"W 78.09 feet to
a point;
THENCE N54056'23"W, a distance of 207.74 feet to a point at the beginning of a non
tangent curve to the left;
THENCE northwesterly, 137.61 feet along said non tangent curve to the left, having a
radius of 70.00 feet, a central angle of 112037'55" and a chord bearing N51°26'50"W,
116.50 feet to a point;
THENCE N34021'53"W, a distance of 167.06 feet to a point;
THENCE N10010'58"E, a distance of 276.49 feet to a point;
THENCE N46058'37"E, a distance of 16.40 feet to a point;
THENCE N20055'38"E, a distance of 99.91 feet to a point;
THENCE N33"58'1 9'W, a distance of 135.05 feet to a point;
THENCE N84054'37"W, a distance of 44.55 feet to a point;
THENCE S10010'58"W, a distance of 88.90 feet to a point;
THENCE S31°06'27"W, a distance of 20.00 feet to a point; at the beginning of a non
tangent curve to the left;
THENCE northwesterly, 33.94 feet along said non tangent curve to the left, having a
radius of 50.00 feet, a central angle of 38053'26" and a chord bearing N78020'16"W,
33.29 feet to a point;
THENCE N07046'59"W, a distance of 106.05 feet to a point;
THENCE N87047'06"E, a distance of 74.88 feet to a point;
THENCE S86007'55"E, a distance of 1169.04 feet to a point;
THENCE S8503842"E, a distance of 101.92 feet to the point of beginning, containing
32.184 acres of land.
The bearings recited hereon are oriented to the North line of said tract described in
Volume 4119, Page 535, Deed Records, Tarrant County, Texas. Bearing N89049'00"W.
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Exhibit "B"
CITY OF FORT WORTH STORM WATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility of 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
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Ri -
CIS
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Ra
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
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FACILITY MAINTENANCE AGREEMENTrev[1].doc
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/21/2004
DATE: Tuesday, December 21, 2004
LOG NAME: 30RIVERBEND4523 REFERENCE NO.: **L-13989
SUBJECT:
Approve Acceptance of One Storm Water Facility Maintenance Agreement from Riverbend
Investment, Ltd. and The Lakes Of River Trails Homeowner Association for Property Located North
of Lakes Springs Trail and West of Shoreside Parkway in Northeast Fort Worth (DOE 4523)
RECOMMENDATION:
It is recommended that the City Council approve the acceptance of One Storm Water Facility Maintenance
Agreement (SWFMA) from Riverbend Investment, Ltd. and the Lakes of River Trails Homeowner
Association.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the
owner, Riverbend Investments, Ltd and the Lakes of River Trails Homeowner Association. The
maintenance of this facility shall occur at no expense to the City of Fort Worth.
The storm water facility detains storm water run-off coming out of the Lakes of River Trails subdivision and
is further described as follows:
Grantor Tyne Legal Description Acreage
Riverbend SWFMA Portion of the A.S. Trimble 32 acres
Investments, Survey,Abstract No. 1528,
Ltd. Tarrant County, Texas,
Volume 13681, Page 387
The property is located in COUNCIL DISTRICT 4, Mapsco 66D.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material impact 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)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 30RIVERBEND4523 Page 1 of 1
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