HomeMy WebLinkAboutContract 33554 CITY SECRETARY
CONTRACT NO. j
_,2a
STORM WATER FACILITY
MAINTENANCE AGREEMENT
�rM
THIS AGREEMENT, made and entered into this day of P14Y ,
M, by and between KBL II Partners, Ltd., acting by and through Steve Lenart,
hereinafter referred to as "Landowner", the Valley Brook Homeowner Associaiton,
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 2.65 acre tract located in the John Edmonds Survey, Abstract 457, Tarrant
County, Texas according to the deed recorded in Instrument # D205266372, Deed
Records, Tarrant County, Texas and being more particularly 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 Valley Brook Phase 1 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
06-01 -06 A033 :36 IN
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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 employees, to enter upon the
Property and to inspect the Facility Property whenever the City deems
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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
ASSOCIATION COVENANT AND AGREE AND DOES HEREBY
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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 County,
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 KBL II Partners, Ltd. as Landowner hereunder shall expire and
be of no further force or effect upon the transfer ("Transfer") by KBL II
Partners, Ltd. to the Association of legal title to the Facility Property, save and
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except for any liabilities, indemnities and obligations of KBL II Partners, Ltd.
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 day of±i7
2006.
Landowner: Ci
KBL II Partners, Ltd. t'ity o ort Wo
a Texas limited pa ship
By: Lennar Texa o ding Company
a Texas co ation Marc A. Ott, Assistant City anager
Name: App rov as to F rm and Legality
Title : V a ci - V�2f1
Assistant CY y Attorney
Valley Brook Homeo Association ATTEST
President �, city S Iretary
M1_
Contract ut Porizatjoik
5
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
Marc A. Ott, Assistant City Manager of the City of Fort Worth on behalf of the City of
Fort Worth.
HEc TiE
' MY COrPMIS•filOiu Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared
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
, and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
z�
Notary ublic, qate of Texas
KELLEY PUCCIO
STATE OF TEXAS § IN '*' MY COMMISSION EXPIRES
March 7,2009
v,
COUNTY OF TARRANT §
This instrumeW'L%--xkCA-
as acknowledged before me on (,C1 � (�D C� by,
S U A , authorized repres tative, acting on behalf of the
Valley Brook Homeowner Association.
r p••,
KELLEY PUCCIO
MY COMMISSION EXPIRES Notary blic, ate of Texas
March 7,2009
6
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
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EXHIBIT # A&
Legal Description of larxt
Being Lot 72X, Block i of LOTS i-7Q 71X-73X. BLOCK !, LOTS 1-.56. 57X, BLOCK 2, LOT
7X, BLOCK 15, VALLEY BROOK, an addition to the City of Fort Worth, Tarrant County.
Texas. according to the Plat thereof recorded in Cabinet A. Slide . Plat Records, Tarrant
Canty, Texas.
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Being Lot 91X, Block 3 of.LOTS 1-51, 9M BLOCK 3, LOTS 1-46, BLOCK 5, LOTS 1-35.
BLOCK 6, LOTS 1-42, 43X, BLOCK 7, VALLEY BROOK, an addition to- the City.of Fort
Worth, Tarrant County, Texas,.according to the Plat thereof recorded in Cabinet A, Slide.
Plat Records, Tarrant County. Texas.
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REAL PROPERTY SERVICES
ADMINISTRATIVE EASEMENT APPROVAL
(Please do not remove this checklist from the attached document. Please complete and return to Real
Property Services)
TIME SENSITIVE ❑ Yes ❑ No
REAL PROPERTY SERVICES
Date: May 19, 2006 AEA# 5098-1
Originated by: Willie F. Ingram
DOE # 5098
Easement Type: Storm Water Facility Maintenance Agreement
Standard Yes ® No ❑- See attached addendum
Comments:
Grantor: KBL II Partners, Ltd.
1. Recommended for Approval
Stephanie Gi4As, Rea roperty Manager
LAW I
ARTME
2.
Assistant,'City Attorney
CITY MANAGER'S OFFICE
3.
Marc A. Ott, Assistant City Manager
4. Return to Real Property
COMMENTS: Standard instrument. PM has reviewed and initialed.
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/9/2006
DATE: Tuesday, May 09, 2006
LOG NAME: 30VALLEY5086 REFERENCE NO.: **C-21439
SUBJECT:
Authorize the Execution of One Storm Water Facility Maintenance Agreement from KBL II Partners,
Ltd. and the Valley Brook Homeowner Association for Property Located in North Fort Worth (DOE
5086)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement from KBL II Partners, Ltd. and the Valley Brook Homeowner Association, for property located in
north Fort Worth.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the
owner, KBL II Partners, Ltd. and the Valley Brook Homeowner Association. The maintenance of the facility
shall occur at no expense to the City.
The storm water facility shall serve Valley Brooks Estates, Phase 1. The facility is necessary to limit storm
water run-off generated in the subdivision to pre-developed conditions, and to reduce the possibility of
flooding to residents downstream of the watershed. The facility is located north of North Tarrant Parkway
and west of US Highway 377 in north Fort Worth.
The facility is located in COUNCIL DISTRICT 2, Mapsco 36D.
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 Manager's Office b Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 05/18/200