HomeMy WebLinkAboutContract 33529 l
CITY SECRETARY
tA P�AQNTi"rq� NO.
STORM WATER FACILITY �v � 01„Nrr
MAINTENANCE AGREEMENIU r 30 A S
� 3• S4
THIS AGREEMENT, made and entered into ft day of 'fy ,
by and between Risinger-Deer Creek,L.P., acting by and DLH Jr. Land
Co. Inc., General Partner, hereinafter referred to as "Landowner", the Deer Cree orth
Homeowners 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 1.75 acre tract located in the J. Sise Survey, Abstract 1434 & the G.
Hamilton Survey, Abstract 751, Tarrant County, Texas according to the deed recorded in
Document Number D205 1 1 845 1, Deed Records, Tarrant County, Texas.
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Deer Creek North Addition,
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
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 a portion of 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 the location and dimensions
of which is shown on the attached Exhibit"A"("Facility 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
construct and 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, 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 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 "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 em to ee n the
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2
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 acceptable to the City,
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
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
3
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 FACILITITY 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.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of DLH. Jr. Land Co. Inc., General Partner as Landowner
hereunder shall expire and be of no further forcW—�
ansfer
("Transfer") by DLH, Jr. Land Co. Inc., General Partner to the Association
of legal title to the Facility Property, save and except for any liabilities,
indemnities and obligations of DLH, Jr. Land Co. Inc., General Partner 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 OJP( day of 2006.
LandQwnerCity
AV4ZWa(• City of Fort Worth
Name: arc A. O
Title : Assistant City Manager
Deer Creek North Homeowner Association Approved as orm d Legality
Assistant City Attorney
President
ATTEST
1 City Secr&aiy
Contract Authorization
-4-
r� 1 Date
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M & C: `� DATE. -
AGENT DOE #
5
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on M 6 by
Marc A. Ott, Assistant City Manager of the City of Fort Worth n behalf of the City of
Fort Worth.
CFi,
HETTIE a_ANE.I -cut�+u+;sS�c+N EXPIRES Notary ublic, State of Texas
,' July z:j,Z' I
STATE OF TEXAS §
COUNTY OF TARRANT §
B ore me,it undersigned authority on this day personally appeared
4A4" A
known
to to be the fferson whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
and that he executed the same as its
and\0%thatarX of such and for the purposes and
nsideration expresse!;v` thg fWe �g instrument.
NN
3 �y = NotaK P1' , State of Texas
OF
615
STATE OF TEXAS Irv,, §
COUNTY OF TARRANT §
This 'gistrumient w s acknowledged before me on � by,
uthorized representative, acting on behalf of the
Deer Creek North Parks Mom&owiners Association.
�•�` ptpR1' 'r
• �c; =_ Notary P i , tate of Texas
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�f' °ARES
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Exhibit "C"
CITY OF FORT WORTH STORM WATER 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 ba pro vided
to the City upon request. =_
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
VA
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 Rip-
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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EXHIBIT 'A'
VAR/ABLE W1D7H
PERMANENT DRAINAGE EASEMENT
INTERSTATEW N„815fi�w
POIN
WAY 35 ”
KIGH �B' IRON ROD WI7H COMMENCING
YELLOW CAP STAMPED (112' IRON ROD WITH
DUNAWAY ASSOC. INC.' ;
FOUND " YELLOW CAP STAMPED
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DUNAWAY ASSOC. INC.' 3
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YELLOW CAP STAMPED NMAC—FT Wt7R7H, L7D
DUNAWAY ASSOC. INC.' Volume 16982, Page 189
FOUND D.R.T.C.T IN
CHRIS70PHER HARRIS 7RUS7EE
VOL 1256A PG. 1680 Q
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FOUND
CHRISTOPHER HARRIS TRUSTEE
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D.R.T.C.T.
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75.00' DUNAWAY Asf4C.,FOUNb
GRAPHIC SCALE IN FEET c ^^^
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Associates L.P. surveyors , -
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P •;~:;Oumoi~
CITY OF FORT WORTH
REAL PROPERTY/DEE CODY
900 MONROE ST#302
FT WORTH TX 76102
Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFA
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: 05/30/2006 03:54 PM
Instrument#: D206160173
A 14 PGS $64.00
By:
I IIlIIII 111f, 11111 ILII!!11111111111111111111111111!119!1111 IN
D206160173
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: lai
DATEAGENT DOE* -030