HomeMy WebLinkAboutContract 49154 CITY SECRETARYL G
CONTRACT N0.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
, by and between Pulte Homes of Texas, LP, acting by and through Pulte Nevada
1, LLC, hereinafter referred to as "Landowner", the Fort Worth West Fork Ranch
Homeowners' Association, Inc., 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 20.384 acre tract located in the Milly Gilbert Survey, Abstract 565, Tarrant
County, Texas according to the deed recorded in Instrument Number D210282641 County
Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Subdivision Plan known as Parr Trust (West Fork Ranch Phase 6A)
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
Stormwater 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 Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT FOFFICIAALRECOP-0
Rev.05/14//2014 Y
Landowner, its successors and assigns, including Association, the location and dimensions
of which is shown and more particularly described by metes and bounds in the attached
Exhibit"A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater 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 Stormwater 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 Stormwater Facility includes all pipes, channels or other conveyances built
to convey stormwater to the facility, as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater.
Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions. The Stormwater
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14//2014
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
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 as specified herein, 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.05/1492014
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
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 LANDOWNER OR ANY
FUTURE OWNERS OF THE FACILITITY PROPERTY TO
MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO
THE BED AND BANKS OF THE DETENTION POND; ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE
OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR
ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY
OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY
OTHER 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, 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/14//2014
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of Pulte Homes of Texas, L.P. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") by Pulte
Homes of Texas, L.P. to the Association of legal title to the Facility Property,
save and except for any liabilities, indemnities and obligations of Pulte Homes
of Texas, L.P. 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 T�-day of JL I JAk 20j.
Landowner City of Fort Worth
Pulte Homes of Texas, L.P.
A Texas Limited Partnership
By: Pulte Nevada I, LLC
A Delaware Limited Liability Company
Its: General Partner
Clint Vincent SVs Ch2Pa
Division Vice President Land Development Assistant City Manager
Homeowners Association Approved as to Form and Legality
A 1
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Stevegri ge Assistant City Attorne
Fort orth ork Ranch
Homeowners' Association., Inc.
President
? AMA T
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SCJ W`d RMWATER FACILITY MAINTENANCE AGREEMENT (!D Rev.05/,4//2014 OFFICIAL RECORDCITY SECRETAR■FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on (0 �' by
JlswS. � /, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Wortlk.
MARIA S SANCHEZ
My Cc emission Expires Nota Public, State of Texas
December 19.2017
!y
STATE OF TEXAS §
COUNTY OF TARRANT §
`�B�fAo�re me, the undersig ed authority on this day of
M& � , 20 personally appeared Clint Vincent, known to me
to e the person whose name is subscribed to the foregoing instrument and acknowledged
to me that the same is the act of Pulte Homes of Texas, L.P., and that he executed the
same as its Division Vice President Land Development and as the act of such and for the
purposes and consideration expressed in the foregoing instrument.
otar Public, gtafe'oOrexas
LESLIE GRANI O
Notary Public.State of Texas
M Commission Expires
STATE OF TEXAS § yf ;•; y July 20, 2019
'�•,,�„tttt
COUNTY OF TARRANT §
This instrument was acknowledged before me on M1M c*i 1�c acln by, Steve
Langridge, authorized representative, acting on behalf of the Fort Worth West Fork Ranch
Homeowners' Association, Inc.
aq,, JESSICA HERNANDEZ
Notary Public,State of Texas N r Public, State of exa
3 '•, \? My Commission Expires �'
April 18, 2018
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.05/14//2014
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
ame of Employee
Title
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.05/14//2014
Exhibit"A"
Description of a
Storm Water Detention Facility
BEING a tract of land situated in the Milly Gilbert Survey,Abstract Number 565, City of Fort Worth,
Tarrant County,Texas and being a portion of that tract of land described by deed to Pulte Homes of
Texas, L.P.,recorded in Instrument Number D210282641,County Records,Tarrant County,Texas and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped"PELOTON"found at the northeast corner
of said Pulte Homes of Texas tract,being the northwest corner of that tract of land described by deed to
Blue Maple Group,LLC.,recorded in Instrument Number D213119387,said County Records, and being
in the south line of that tract of land described by deed to Ellesmere Investment Corporation recorded in
Volume 6617,Page 99, said county records;
THENCE S 00044'34"E,435.17 feet,with the east line of said Pulte Homes of Texas tract and the west
line of said Blue Maple Group tract to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set, from
which a 5/8 inch iron rod with plastic cap stamped"PELOTON"bears S 00°44'34"E,400.00 feet;
THENCE S 89015'26"W, 105.88 feet, departing said common line to a 5/8 inch iron rod with plastic cap
stamped"PELOTON"set at the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an arc distance of 85.77 feet,through a central angle of
98°17'03", having a radius of 50.00 feet,the long chord which bears N 39°07'40"W, 75.63 feet to a 5/8
inch iron rod with plastic cap stamped"PELOTON"set;
THENCE N 01°01'55"W,255.11 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
THENCE S 88058'05"W, 110.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
THENCE N 01001'55"W,20.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
THENCE N 88058'05"E, 110.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
THENCE N 01°01'55"W, 100.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set
in the north line of said Pulte Homes of Texas tract and the aforementioned South line of said Ellesmere
Investment Corporation tract;
THENCE N 88058'05"E, 154.74 feet,with said common line to the Point of Beginning and containing
66,709 square feet or 1.531 acres of land more or less.
"Integral parts of this document"
I.Description evC: L'r .
2.Exhibit /� s S'r k. T
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"Integral parts of this document"
1. Description Exhibit "A"
2. Exhibit
Storm Water Detention Facility
_ P E LOTO N Situated in the Milly Gilbert Survey, Abstract Number 565,
I I
LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas.
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EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.05/14//2014
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Exhibit "C"
CITY OF FORT WORTH STORMWATER 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 be provided
to the City upon request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.05/14//2014
Exhibit "D"
Stormwater 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
pond
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.05/14//2014
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 0
Rev.05/14//2014