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HomeMy WebLinkAboutContract 50077 CITY SECRETARY City Project # 101076 CONTRACT NO. O �5) STORMWATER FACILITY pEC�vPwo � MAINTENANCE AGREEMENT m THIS AGREEMENT, made and entered into this day of by and between Bloomfield Homes, L.P., acting by and through Donald J. Dykstra, President, hereinafter referred to as "Landowner", the Hutson Oaks 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 that certain tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant County, Texas, said tract being a replat of Lot 2, Block 1 of the Slough DVM Addition, according to the plat recorded in Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas; together with a 4.872 acre tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260962, Official Public Records, Tarrant County, Texas, a 3.980 acre tract of land described in a warranty deed to Brickstone Development, L.P. recorded in document D217016994, Official Public Records, Tarrant County, Texas, and a 4.168 acre tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260920, Official Public Records, Tarrant County, Texas and situated in the Francisco Cuella Survey, Abstract No. 266, Tarrant County, Fort Worth, Texas; 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 Cottages at Hutson Oaks hereinafter called the"Plan", which is expressly made a part hereof, as approved or to be approved by fOF:FF.ICIAL RECORD SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT woa �Rev.11/17/2015M�/ F1 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 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, STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2015 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. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of Bloomfield Homes, L.P., as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by Bloomfield Homes. L.P. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of Bloomfield Homes-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. 10. � I � Executed this� day of 2 . Lando er City of Fort Worth Jesus J_ Chapa Name: Donald J. Dykstra Assistant City Manager Title: President Appr ved as t Form and Legality Homeowners Association � , " � �f, 4. ',4 0 R . A�sistant City A, ,,, m-n Name: Timothy Stewart A7ES U Title: President iA •A s(. qty Secretary STORMWATER FACILITY MAINTENANCE AGREEME OFFICIAL UCOM M&Q Rev.11117/2016 CI 5 � ARY 1295: RT. ► �-rC STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on X �)f 1 by Qksus(1•QNzpa 1,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. ?sr•"Y h; MARIA S.SANCHEZ •= My Notary ID#2256490 Expires December 19,2021 Not Public State of Texas •o. STATE OF TEXAS § COUNTY OF TARRANT § KPt()r me, the undersigned authority on this day of ry'v3c w /1-11 2011, personally appeared �jk SA✓-�► _ Pn 1--t 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. , GINA HICKMAN ``�tpNY PVe,� :_.•• ,Notary Public, State of Texas ?^ •cS Comm. Expires 09-26-2019 Notary PuVic, State of Texas Notary ID 124694606 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on r zll� by. 'I,* S}t—:4T , authorized representative, acting on behalf of the � k s,D alk I Homeowners Association. GINA HICKMAN _2:•' :Notary Public, State of Texas cc Comm. Expires 09-26-2019 Notary P lic, State of Texas q•....••}`. kof�`;.` Notary ID 124694606 STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensur:nb all performance and reporting requirements. Janie S. Morales Development Manager EXHIBIT "A" INSERT LEGAL DESCRIPTION WHEREAS Ronald N. Lewandowski and William L. Rogers are the owners of that certain 1.42 acres tract of land out of a 4.872 acres tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant County, Texas, said 4.872 acres tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260920, Official Public Records, Tarrant County, Texas; the subject 1.42 acres tract being more particularly described as follows: BEGINNING at a Mag nail with a metal washer stamped "JPH Land Surveying" drilled into a hinged utility vault located at the most easterly northeast corner of the tract described in the deed to Ronald N. Lewandowski and William L. Rogers, recorded under Instrument Number D215260920, Official Public Records, Tarrant County, Texas; THENCE SOUTH 00 degrees 04 minutes 19 seconds EAST with the west right of way line of Alta Vista Road being the west line of the tracts described in the deeds to the City of Fort Worth, recorded under Instrument Numbers D210259112 and D210259109, each of the Official Public Records of Tarrant County, Texas, a distance of 285.85 feet to a point for a corner of this tract; THENCE, leaving the western right of way line of Alta Vista Road with a 10'x10' corner clip, SOUTH 44 degrees 52 minutes 02 seconds WEST, a distance of 14.16 feet to a point for a corner of this tract; THENCE SOUTH 89 degrees 48 minutes 22 seconds WEST, a distance of 198.76 feet to a point for a corner of this tract; THENCE, NORTH 00 degrees 11 minutes 47 seconds WEST, a distance of 295.84 feet to a point for a corner of this tract; THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, a distance of 209.40 feet returning to the Point of Beginning and enclosing 1.42 acres. 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B w c B�' �r GRAPHIC SCALE 0 100 200 FEET c{411� 1 _ 100' EXHIBIT B POND GRADING PLAN 2015.139 COTTAGES AT HUTSON OAKS-FORT WORTH, TX MAY 2017 0�)Adams —7 755 755 755 - 755 750 750 750 750 745 EX/S7ING GROUND CL 745 746 745 f, EXISTING GROUND CL 740 740 740 740 735 735 735. 735 PROPOSED GRADE CL PROPOSED GR CCL 730 730 73" 730 725 725 725 725 0+00 1+00 2+00 2+96 0..00 1+00 2+0809 GRAPHIC SCALE 0 100 200 FEET 1 = 100' EXHIBIT B POND CROSS SECTIONS 2015.139 COTTAGES AT HUTSON OAKS-FORT WORTH, TX MAY 2017 Adamsw .-..-:�Bt 6, xlSa�wtu,lban.sot9�(Eln3z0.l'!W9 , iSWM Modified Rational Method STAGE-STORAGE VOLUME Allowable Release Rate QA Description Area Avg.Area Inc.Depth Inc.Volume Total Volume A=18.26 Area(acres) Elevation Cp=0,4724 Predevelopmant Rational Method ruroRcoa9lcient (Sq.ft.) (sq-ft-) (ft.) (cu.Ft.) (cu.ft.) Tcp=25 PredevelopmentTlma of concentration trams) 733 8 0 I =6.89 rainfall intens ity for Necorrespondingtimeofcancentrafion(InmrJ Q'=47.06 At—abla n,.1—a rate(dal _ 6378 1 6378 Critical Stonn Duration Td 734 12,748 6378 County=TARRANT 17963.5 1 1 17963.5 Return Irdenal 188 correspond735 23,179 24342 a=322.07 Raintail factor fog corresponding return t-1 inar2l from Table 2.1 7-i 13wM _ asig�nanua�rorSite Dwmlwment 24490 1 1 24490 b=24.389 t -r't - sponding ra',urn interal from Tab'.e 2.1.7-1 i3IM des gr Me fc 9dp 0"l.pmene 736 25,801 1 48832 C o 63 P-ld-e oprorant Ra,ate Method ry as eoeffdent 27169.5 1 27169.5 to-15 Posrdevelopmam lira a cf concentration(mins) Td=37.568 i;hrnorm da lisn(min) 737 28,538 76001 Re fired Stora a Volume 29963 1 29963 vpre=60,549 Prenmmaryrequiredsmraga(8^3) 738 31,388 105964 P-'�5.43 3-Hour(t eo-minute storm depth(in).convert intensity(inmr into inches^ 32871.5 1 32871.5 P- 3.1933 Storm depth farthe critical duratipn(in},conwn intensity(inthr)Into inches' vmax=102,960 lRequird storage(e^3) 739 34,355 138836 -Reference iSWMTechnical Manuel-Hydrologyfor Rainfall Data(inibr) 34716 0.25 8679 and multiply intensity by the duration 739.25 35,077 147515 EXHIBIT B POND DESIGN CALCULATIONS 2015.139 COTTAGES AT HUTSON OAKS-FORT WORTH,TX MAY 2017 O Adams t�l� - } �� j ilSo�k ��,�� c_M Dw.�,as mien.o.r.,manni7•ta rwk sn _. _._ Q Copyright 2D17,Adams Engineering INSTALL ROCK RIP-RAP. NOTE: AT MULTIPLE PIPE ENTRY,B" _ SHALL BE MAINTAINED TO - OUTSIDE OF PIPE. o ,�5 D A �_ 1 A RIP RAP SHALL EXT E D m 1r - M .25 O UP TOTHE SOFFIT OF "=L7 �mw uE.u� 24'MM. THE PROPOSED PIPEnl"T rr_Aiv PROPOSED CONCRETE 12'(MIN.) (REFER TOSPECS) 6x6,6 W.W.F. 'K.K RIP-RAP IF(MIIJ.) / END OF PIPE) fil't`"JDR HA(",E FABRIC 5ECTION"A-A" SAFETY END TREATMENT SECTIONS N.T.S. EXHIBIT B OUTLET STRUCTURE DETAIL 2015.139 COTTAGES AT HUTSON OAKS-FORT WORTH, TX MAY 2017 Adams 740.25 132' 740.25 — W5E 739.60 I' I� 739.25 —' I I I II IIE II I I 111 II III 11 II II II II II I I I1�111 124' Q=CLH(2) Q=89.49 cf5 C=3.33 L=132 feet H=0.35 feet EXHIBIT B EMERGENCY SPILLWAY DETAIL 2015.139 COTTAGES AT HUTSON OAKS-FORT WORTH, TX MAY 2047 Adamsii f k�d Capyrigh12017,Ad...Engineenng 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 9 Rev.11/17/2016 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 and Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of veetcti0fl Cor" _ _, .,--A uara Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11/17/2016