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Contract 33376
ARA M CITY SECRETARY STORM WATER FACILITY CONTRACT No. MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of /L,, 2005 and between Meadow Lakes L.P., a Texas Limited Partnership, its successors and assigns, acting by and through its General Partner MKP & Associates, Inc. hereiner referred to as "Landowner", and the Cities of Fort Worth and Lake Worth, hereinafter referred to as "Cities". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 2.4332 Acres in the John Breeding Survey, Abstract Number 189, located in the City of Fort Worth and Lake Worth, Tarrant County, Texas according to the deed recorded in Document Number 204025886, 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 Meadow Lakes Addition, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the Cities provides for management of storm water within the confines of the Property; and WHEREAS, the Cities and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the Cities of Fort Worth and Lake Worth, Texas require that on-site Storm Water Management Facilities be constructed and maintained on the Property; and WHEREAS, the Cities require that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the C:\Documents and Settings\JAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\0LK8\ST0RM WATER 1 FACILITY MAINTENANCE AGREEMENT ML.doc 04-24-06 P02:50 IN Landowner, its successors and assigns, including the Meadow Lakes Homeowners Association (to be formed); and 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, its successors and assigns, shall adequately maintain the on site Storm Water Management Facility ("Facility") at no expense to the Cities of Fort Worth and Lake Worth in accordance with the design specifications for the Facility and the current standards then in force and effect in the Cities of Fort Worth and Lake 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 Cities. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the Cities 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 C:\Documents and Settings\JAMIW.LAKEWORTH\Local SettingslTemporary Internet Fi1es\0LK8\ST0RM WATER 2 FACILITY MAINTENANCE AGREEMENT ML.doc 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, their successors and assigns, hereby grant permission to the Cities, their authorized agents and employees, to enter upon the Property and to inspect the Facility whenever the Cities deem necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The Cities 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, their successors and assigns, fail to maintain the Facility in good working condition acceptable to the Cities, their 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 Cities are 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 of Fort Worth and the City of Lake Worth, such obligation is Landowner's. 5. The Landowner and the Association, their successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the Cities of Fort Worth or Lake Worth pursuant to this Agreement, perform work of any nature, or expend 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 taking the action upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by such City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred by it under this section, such 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, C:\Documents and SettingsUAM1W.LAKEWORTH\Local Settings\Temporary Internet Files\OLK8\STORM WATER 3 FACILITY MAINTENANCE AGREEMENT ML.doc 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 of Fort Worth and the City of Lake Worth. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITIES 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 AND/OR THE CITY OF LAKE WORTH, THEIR 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 FACILITY, INCLUDING BUT NOT LIMITED TO 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 FACILITY, INCLUDING BUT NOT LIMITED TO THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH OR CITY OF LAKE WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association covenant and agree 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 covenant and agree that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at C:\Documents and SettingsUAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\OLK8\STORM WATER 4 FACILITY MAINTENANCE AGREEMENT ML.doc 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. The Association referenced herein is the Home Owners Association for the Meadow Lakes Addition. The Association will be formed by the Landowner. When the Association is in place, the Landowner will transfer all obligations under this Agreement to the Association by a written agreement signed by the landowner and the Association that shall be recorded in the land records of Tarrant County, Texas and the Landowner will be released from all obligations contained herein, except for the Landowner's obligation to indemnify the Cities for any liability that has accrued prior to the date of such transfer in accordance with section 6 hereof, which obligation shall survive and remain in effect following such transfer. C:\Doc;uments and SettingsUAMIW.IAKEWORTHlocal Settings\Temporary Internet Files\0LK8\STORM WATER 5 FACILITY MAINTENANCE AGREEMENT ML.doc Executed this 3 day of� 005. Landowner Meadow Lakes, L.P. City of Fort Worth Limited P nership, t' y and through Its Gen al Partner Associates Inc. rcn 1 �a' 4 d i . Pe n o Marc A. Ott esident Assistant City Manager Approv as to Form and Legality City of Lake Worth QDA sistan City Attorney eHigh l ATTEST M-�_a&&I&A<� City Secretar Approved as to Form and Legality f/)/<- City Attorney Contract Authorization ATTEST 'a Date elA City Secretary �S M & Q C-'? 13a DATE DOE # sG � y C:\Documents and Settings\JAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\OLK8\STORM WATER 6 FACILITY MAINTENANCE AGREEMENT ML.doc STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ��/,A0a 4 by Marc A. Ott,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. HETTIE LANE My COMMISSION EXPIRE Notary Public, the State of Texas W � July 26,2007 STATE OF TEXAS X COUNTY OF TARRANT X This instrument was acknowledged before me on 7/ by Joey Highfill, City Manager of the City of Lake Worth on behalf of the City of Lake Worth. ' UNDA Rl WES MY COMMISSION EXPIRES '•: 7' Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared Adlai W. Pennington, President of MKP &Associates, Inc., a General Partner of the partnership of Meadow Lakes, L.P. 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. (Smy ---- X Awk (-ENA M TUIiNf_Rf(.�lNOTARY PUBLIC }}eeTTVV I�JhSTATE OF TEXAS Notary Public, State of Texas C(WK EXP.12-05-7007 CADocuments and Settings\JAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\OLK8\STORM WATER 7 FACILITY MAINTENANCE AGREEMENT ML.doc EX H i aiT OX DESCRIPTION OF PROPERTY DETENTION POND - MEADOW LAKES BEING 2.4332 acres of land in the JOHN BREEDING SURVEY, ABSTRACT NUMBER 189, being a portion of that certain tract of land conveyed to MKP & Associates, Inc. according to the deed recorded in Document Number 204025886, Deed Records of Tarrant County, Texas and being more particularly described as follo«,s: COMMENCING at a 1/2" iron rod found being the southeast comer of said MKP tract and being the southwest comer of Lot 23, Block 10, Crestridge Addition, according to the plat recorded in Volume 388-190, Page 20, Plat Records of Tarrant County, Texas; Thence, South 89 degrees 52 minutes 14 seconds West, along the south line of said h9KP tract and the north line of Block 11, Crestridge Addition according to the plat recorded in Volume 388-212, Page 9, P.R.T.C.T., 500.86 feet to a 1/2" iron rod found for corner being the POINT OF BEGINNING, said iron rod also being the northeast corner of Lot 1, Block 13, of said Crestridge Addition; THENCE, South S9 degrees 52 minutes 14 seconds West, 310.23 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI"; THENCE, North 00 degrees 07 minutes 46 seconds West, 275.90 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI"; THENCE, North 05 degrees 50 minutes 20 seconds West, 50.26 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI"; THENCE, South 90 degrees 00 minutes 00 seconds East, 387.95 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI", being the beginning of a non-tangent curve to the right with a radius of 225.00 feet and a long chord bearing South 30 degrees 59 minutes 52 seconds West, 38.72 feet; THENCE, along said curve to the right, passing through a central angle of 09 degrees 52 minutes 22 seconds an arc length of 38.77 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI", being the beginning of a curve to the left with a radius of 275.00 feet and a long chord bearing South 17 degrees 54 minutes 08 seconds West, 170.25 feet; THENCE, along said curve to the left, passing through a central angle of 36 degrees 03 minutes 49 seconds an arc length of 173.09 feet to a 112" iron rod set for corner with a red cap stamped "CSI; THEtiCE, South 00 degrees 07 minutes 46 seconds East, 130.00 feet to the POINT OF BEGINNING, The tract of land herein described contains 2.432 acres of land. �i �E OF TFC. William L. Boomer, R. .l- S. No. _559 �aarE 7 CIvIlSolutions Inc P.O. Box 100247wtillAM LEE bOOMER. Fort Worth, Texas 76185 a9 (817) 994-1528 N (817) 346-0520 fax JOHN BREEDING SURVEY , ABSTRACT NUMBER 1 8 9 w�1Eo.CAP R 225.00' STAMPED L=38.77' S 90'00'00_ET=19.43'e- 3' r z — — — _ ._. — — — — — — CH=530.59'52"W U — — _ CL=38.72' N v, �C N O I 1/2"1 * I.R./W/RED CAP, / STAMPED "C$I' I / A=36.03'49"\ R=275.00' \� L=173.09' // FOR1r WORTH CITY LIMITS -------------- ------- T=89.52 ____L___ ___------------ r CH=S17.54'08"W f LAKE WORTH CITY LIMITS BLOCK 10 z I 2.432 AC. CL=170.25' I 1 Z O C3l DEPOND TENTION I :................................................ I O N I ESMT. I 0 d 22 rn � � D � fl I Q O CU 10 ..................................................... I Li H I to I 910 MKP & ASSOCIATES, INC. ff n. DOC. NO. 204025886 I c�/1"� NI ("' D.R.T.C.T. 23 ;. I U 0 0 to I to FORT WORTH S 89'52'14" W 500.86' CITY LIMITS S 89'52'14" W 310.23' _ BLOCK 11 LAKE WORTH CITY LIMITS 1 V• 18 17 POINT OF POINT OF �'/�• 17 18 19 BEGINNING COMMENCING \ LAKEVIEW HEIGHTS ADDITION 2 VOL. 388—N, PG 68, P.R.T.C.T. LAKESIDE DRIVE 3 BLOCK 13 LAKESIDE ST� I W 3 0 O1 FE ti. 15 F 6 no BLOCK 12 n. ci >0 1 WNH W W VIER Y Fr Do EXHIBIT "�A O LO A FEsso� o SU' DETENTION POND No N EASEMENT .� FOR MEADOW LAKES ADDITION TO THE CITY OF S FT. WORTH, TEXAS 100 100 200 CivilSolutions Inc Engineers Surveyors Planners GRAPHIC SCALE: 1 IN = 100 FT. P csni�M8' FAX csm 346-'5260 Copyright © 2005 CivilSolutions Inc L Exhibit "B" CITIES OF FORT WORTH AND LAKE WORTH STORM WATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility of the City of Fort Worth or the City of Lake 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. 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 shall document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates, and shall 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 either City upon request. C:\Documents and Settings\JAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\OLK&STORM WATER 8 FACILITY MAINTENANCE AGREEMENT ML.doc 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 guard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Ri - C:\Documents and Settings\JAMIW.LAKEWORTH\Lccal Settings\Temporary Internet Fi1es\0LK8\ST0RM WATER 9 FACILITY MAINTENANCE AGREEMENT ML.doc Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation CADocuments and SettingsWAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\OLK8\STORM WATER 10 FACILITY MAINTENANCE AGREEMENT MI_.doc City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/21/2006 DATE: Tuesday, February 21, 2006 LOG NAME: 30MEADOW STORM REFERENCE NO.: ''C-21308 SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement from Meadow Lakes L.P. for Property Located in Northwest Fort Worth (DOE 4501) RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement from Meadow Lakes L.P. for property located in northwest Fort Worth. DISCUSSION: The maintenance agreement is necessary to assure proper maintenance of a storm water detention facility by the owner, Meadow Lakes L.P. The facility is located on the boundary of the City of Fort Worth and the City of Lake Worth. Both cities are named in the agreement and it has been executed by the City of Lake Worth. The maintenance agreement is being entered into between the City of Fort Worth and Meadow Lakes L.P. for that portion of the facility located within the corporate limits of the City of Fort Worth. The maintenance of that portion of the facility located within the corporate limits of Fort Worth shall occur at no expense to the City. The storm water facility is necessary to limit storm water run-off generated in the development to pre- developed conditions, and to reduce the possibility of flooding to residents downstream of the watershed. The facility is located north of Lakeside Street and east of Hodgkins Road in northwest Fort Worth. The facility is located in COUNCIL DISTRICT 7, Mapsco 46N. 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 Managers Office by: Marc Ott (6122) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 02/27/200( Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation C:\Documents and SettingsUAMIW.LAKEWORTH\Local Settings\Temporary Internet Files\OLK8\STORM WATER 10 FACILITY MAINTENANCE AGREEMENT ML.doc u=noN m" PONT Of etiaa*os�im.:.aa , a mwi,' N7�OIA7 .ar.,-,r'r s Nrr tv SUBJECT �� hal 13 •m �1 ® RL ® ® x\ L 0011! k I e ' 1I `s 'F , i! 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Ciffor wf,UmSWll'ONRk1N1A� ts...rrr I�INO�K�1 .n n CivilSolutions Inc .rr.rr.rrrrr�rrT I DO NET TRU QND O THAT 1Na 4110 sup.aw roe.alD. PIAT ISD ON TW R UND. AS ♦110■NK I m. BVy7ygB p�yB,,s suRTCTT;D a TTIE GROUND. .snatalL TFw TAI. (MY))eFwQ PA Bet LOBO,Pl r_W TYr 7 »�� R BY: PLAT FILED _2004 Put= Put OCI BIFD® DATE: CABINET SLIDE COUNTY TARRANT COY PLAT RECORDS FP 0*-= rrl •� _ . . .err 06 APR oX couiv CITY OF FORT WORTH 1000 THROCKMORTON ST '•.,;°t++,.+' FT WORTH TX 76102 Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFM SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 04/05/2006 11:43 AM Instrument#: D206098431 A 16 PGS $72.00 By: I I��III�I�I�ILII I�II��IIII��II�I�I�I VIII�I���III�I III I��I D206098431 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. M & C:C:cQLajf2 DATE 1-C)( I1 AGENT Jn�t- L� — ,DOE *