HomeMy WebLinkAboutContract 31990 CITY SECRE
CONTRACT O Y���Q
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this IPLy of
,,j \ t� by and between CL TEXAS, L.P., a Texas Limited
Partnership, acting by and through its general partner CL TEXAS I GP, L.L.C., a Texas
limited liability company, hereinafter referred to as "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 an
approximately 277.5113 acre tract located in the Erasmus H. Elkins Survey, Abstract
487, the George Matthews Survey, Abstract 1078, the Henry Robertson Survey, Abstract
1798, the James P. Alford Survey, Abstract 53, and the John Wagley Survey, Abstract
1537, City of Fort Worth and City of Saginaw, Tarrant County, Texas according to the
deed recorded in Volume Page , Deed Records, Tarrant County,
Texas and being more particularly described by metes and bounds in Exhibit "A"
attached hereto and 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 Bar C Ranch, 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 (hereinafter defined),
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
J
i G
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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
WHEREAS, the Facility shall be located on the Property; and
WHEREAS, Landowner agrees to convey the Property to the homeowners
association to be formed by Landowner (hereinafter referred to as the "Association") and
upon conveyance will obtain a written agreement that Association agrees to accept the
Property where the Storm Water Facility is located and all of the duties and obligations
created hereunder.
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 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 its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpo a. � c
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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 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 , 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 , 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 upon assignment 'of this '
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Agreement. 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 UPON ASSIGNMENT OF
THIS AGREEMENT AGREES TO HOLD THE CITY HARMLESS
FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER AND ASSOCIATION UPON
ASSIGNMENT OF THIS AGREEMENT 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 its successors and assigns 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 its
successors and assigns 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
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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. Upon completion of the Facility, Landowner shall assign all rights, duties and
obligations created under this Agreement to the Association. Landowner shall
deliver a written copy of such assignment, in a form that is recordable in the
Deed Records of Tarrant County, Texas, to City. The failure of Landowner to
obtain a written assignment in a form that is recordable in the Deed Records
of Tarrant County, Texas, shall make such assignment void. Any attempted
assignment to an entity other than Association without the written consent of
City shall be void.
10. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities
and obligations of CL Texas, L.P. ("CL Texas") as Landowner hereunder
shall expire and be of no further force or effect upon the transfer ("Transfer")
by CL Texas to the Association of legal title to the Property, save and except
for any liabilities, indemnities and obligations of CL Texas 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 February 2005.
Landowner: City:
CL Texas, L.P., a Texas Limited City of Fort Worth
Partnership
By: CL Texas I GP, L.L.C.,
its gen 1 partner r
By:
Name: Gary c tee Marc A. Ott
Title: Vice Pr- ident
viw
W7
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Approved Fo --and Legality
Assistant City Attorney
ATTEST
(1i'\"
City Secret
STATE OF TEXAS § lit® M C RENQ IRE-D o
COUNTY OF TARRANT §
This instrument was acknowledged before me on Jlo-_n -`� by
Marc A. Ott, Assistant City Manager of the City of Fort Worth, on.behalf of the City of
Fort Worth.
a IE LANA
Nly COMMUSSION EXPIRES. Notary Public, State of Texas
CF July 26.2007
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day personally appeared Gary
McAtee, Vice President of CL Texas I GP, L.L.C., a Texas limited liability company, the
general partner of CL Texas, L.P., a Texas Limited Partnership, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of said limited liability company and CL
Texas, L.P., a Texas Limited Partnership, and that he executed the same as the duly
authorized officer of said limited liability company as the act of such limited partnership
and for the purposes and consideration expressed in the foregoing instrument.
KAREN K. NORMANDIN
Notary p,rhlic Notary Public, State of Texas
State of Texas
Comm. Expires 1-?3-2006
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EXHIBIT
METES AND BOUNDS DESCRIPTION
BAR-C POND
3.451 ACRES
ERASMUS H. ELKINS SURVEY, A-487, J.P. ALFORD SURVEY, A-53, AND H.
ROBERTSON SURVEY, A-1798
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
All that certain 3.451 acre tract of land, out of the 277.5113 acre tract described in deed to
Lumberman's Investment Corporation, recorded in Document No.D204097110, of the Deed
Records of Tarrant County,Texas, in the Erasmus H. Elkins Survey, A-487, the J.P. Alford
Survey, A-53, and the H. Robertson Survey, A-1798, City of Fort Worth, Tarrant County,Texas,
more particularly described by metes and bounds as follows (all bearings based on the recorded
bearings of said 277.5113 acre tract):
CONIlAENCING at a 1/2"iron rod found for the northeast corner of a tract of land described as
Lot 1, Block 1, TXU/Wagley Robertson Addition,recorded in Cabinet A, Slide 6774, of the Plat
Records of Tarrant County,Texas, from which a 1/2"iron rod found for the southeast corner of
said Lot 1, Block 1, bears South 400 20' 37"West—300.00'; THENCE South 40°20' 37"West
— 112.58' to the north line of a tract of land described in deed to TESCo, (now known as Oncor),
recorded in Volume 5135, Page 421,Deed Records of Tarrant County,Texas; THENCE South
490 37' 13"East— 1061.41' along the north line of said TESCo tract to the POINT OF
BEGINNING of the herein described tract;
THENCE North 400 22' 47"East—39.96' to the Point of Curvature of a curve to the right,
having a central angle of 27° 08' 31", a radius of 975.00', and a chord bearing and distance of
North 53° 57' 02"East—457.57';
THENCE along said curve to the right in a northeasterly direction, an arc distance of 461.87' to
the northeast corner of the herein described tract;
THENCE South 22° 28' 42"East—347.00' to the southeast corner of the herein described tract
and being in a curve to the left, having a central angle of 07° 21' 19", a radius of 1075.00', and a
chord bearing and distance of South 56° 11' 05" West— 137.91';
THENCE along said curve to the left, in a southwesterly direction, an arc distance of 138.00' to
the Point of Compound Curvature of a curve to the left, having a central angle of 12°07' 38", a
radius of 385.00', and a chord bearing and distance of South 460 26' 36"West—81.34'
THENCE along said curve to the left, in a southwesterly direction, an arc distance of 81.49' to
the End of Curve;
THENCE South 40° 22' 47" West— 112.87' to the southwest corner of the herein described tract,
and in the north line of aforesaid TESCo tract;
Page 1 of 2
THENCE North 49° 37' 13"West—370.00' along the north line said TESCo tract, to the POINT
OF BEGINNING of the herein described tract and containing 3.451 acres of land.
Prepared by: OF TF
PATE SURVEYORS g�•p�s Fq••:r9s
A division of Pate Engineers, Inc. ���'�` `gym
Issue Date: November 19 2004 """'•'""AR-UW" '•'•"�••••-
DAVID C/,�L'T�t+!i.EV►�iS
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Job No. 0661-003-00-560 '� o
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Certification Date
January 30, 2004
THIS LEGAL DESCRIPTION IS ISSUED FOR THE PURPOSE OF ATTACHMENT TO
EASEMENT DEDICATION DOCUMENTS. IT SHOULD NOT BE USED FOR TITLE
TRANSFER.
Page 2of2
WAGLEY-ROBERTSON ROAD
(CO. ROAD NO. 4/08 - R.0.W. VARIES)
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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.
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 DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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 Rip-
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s
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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