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HomeMy WebLinkAboutContract 50263 DOE # STORMWATER FACILITY o . & MAINTENANCE AGREEMENT - F THIS AGREEMENT, made and entered into this day of , by and between CENTEX HOMES, acting by and through CENTEX RA, ESTATE COMPANY, LLC, hereinafter referred to as "Landowner", the FORT WORTH LAKEPOINTE 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 4.262 acre tract located in the G.T. WALTERS Survey, Abstract 1696, Tarrant County, Texas according to the deed recorded in Instrument Number D205313853, County Records, Tarrant County, 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 LAKEPOINTE PHASE 4 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 OFFi A-L kEGURD 1 Rev.11/17/2016 CITY SECUTARY 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.11/17/2016 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.11/17/2016 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.11/17/2016 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of CENTEX HOMES as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by CENTEX HOMES to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of CENTEX HOMES 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 1q l' day of 20 . :�L CENTEX HOMES CITY OF FORT WORTH A Nevada General Partnership By: Centex Real Estate Company, LLC A Nevada Limited Liability Company fka Centex Real Estate Corporation Its: Managing Partner Clinton Vincent Ci Jesus J. Chapa Division Vice President of Land Development Assistant City Manager Homeowner Association Approved as to Form and Legality G/ceiltisk kssistant City Attorney Fort Worth Lakepointe Homeowners' Association Secretary/Treasurer � IF f=O At* tmd by. Mary J. er Ci ecru - AS OFFICIAL.RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 CITY SECRETARY 5 FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 13 MR by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on 6,Ibhalf of the City of Fort Worth. .4rPY•`�BC ; LiAAS• ary Ih#2256490i'":•..~ /:r,.,;Zber 19,2021 �; o Public, tate of Texas :.,,,F .;�+: D �� OF STATE OF TEXAS § COUNTY OF TARRANT § a fore me, the undersigned authority on this day of 20:L&, personally appeared Clinton Vincent, known to me to be the pe on whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Centex Homes, 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. JESSICA HERNANDEZ Y s=`,•�p P B`.�= Notary Public,State of Texas My Commission Expires N to blit State of Te as April 18, 2018 ' STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on M1�y Greg Lusk, authorized representative, acting on behalf of the Fort Worth h epointe Homeowners' Association. "Y JESSICA HERNANDEZ 4� Notary Public.Stole of Texas w; h; My Commission Expires No 4PAic",-Ktaie of Tet April 18, 2018 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 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 ensuring all performance and reportin quirements. -,)) Ole-�Ze S. Morales Development Manager EXHIBIT"A" LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 EXHIBIT "A" DESCRIPTION OF A SWFMA AREA BEING a tract of land situated in the G.T. Walters Survey,Abstract Number 1696,City of Fort Worth, Tarrant County,Texas,being all of the remainder of Tract 1 and a portion of the remainder of Tract 2, of land described by deed to Centex Homes recorded in Instrument Number D205313853, County Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northeast terminus of Eagles Landing Drive(a 50 foot right-of-way),being in the south line of said Tract 2(remainder)and being the northwest corner of Lot 11,Block E,The Parks at Boat Club, an addition to the City of Fort Worth recorded in Instrument Number D207198974, said County Records; THENCE N 00°01'03"W, 177.21 feet, departing said south line over and across said Tract 2(remainder); THENCE N 44047'56"E, 14.19 feet; THENCE N 89°36'54"E, 85.58 feet,to the beginning of a curve to the left; THENCE with said curve to the left,an arc distance of 523.48 feet,through a central angle of 56035'27", having a radius of 530.00 feet,the long chord which bears N 61019'l 1"E, 502.46 feet; THENCE N 33°01'27"E,46.13 feet,to the north line of said Tract 2 (remainder),being the southwest corner Block 6,The Parks at Boat Club,an addition to the City of Fort Worth recorded in Instrument Number D213078497, said County Records; THENCE S 56057'l 7"E,with said north line and the south line of said Block 6,at 186.88 feet the northeast corner of said Tract 2(remainder)being the northwest corner of said Tract 1 (remainder) in all 219.51 feet to the northeast corner of said Tract 1 (remainder)and the southeast corner of said Block 6,being in the northwest right-of-way line of Puerto Vista Drive (a 50 foot right-of-way); THENCE with the east line of said Tract 1 (remainder) and said right-of-way line the following courses and distances: S 33001'23"W,202.89 feet,to the beginning of a curve to the left; With said curve to the left,an arc distance of 100.63 feet,through a central angle of 32056'46", having a radius of 175.00 feet,the long chord which bears S 16033'00"W,99.25 feet; S 00004'37"W, 83.53 feet,to the southeast corner of said Tract 1 (remainder),being the northeast corner of aforementioned Block E,The Parks at Boat Club; THENCE N 89055'23"W,departing said right-of-way line with the south line of said Tract 1 (remainder) and the north line of said Block E, at 39.94 feet the southwest corner of said Tract 1 (remainder),being the southeast corner of said Tract 2(remainder), in all 606.52 feet to the Point of Beginning and containing 185,666 square feet or 4.262 acres of land more or less. 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C. r M 0 o r + y N + # O O O 22 •854 m w STA 0.14.30 CELEV•82228 TrA Tig.14 i0� O _ Z ELEV-611.00 w STA 0.64.82 N EL a 810.24 STA 0+96 07 + O (n ELEV-810.00STA 1-23-83 m n O ELEV-809.73 w STA 1.80.64 Z + v °{ v ELEV-810.00 LV STA 4,1914, v �T^ ELEV•817.54 w STA 2«49,47 M ;oz = m wN= + D� O O > V 8 Oo Oo jD Oo OD mZmQ o o Z CnZ � --i o m 0 0 ELEV'820.38 '' � w STA 6.1986 811.00PV STA 6.51.43 f ELLV O i O i81000 - tPV STA 1.17.1 O= - m— �� ! m O o � � -n l STA .56ea m t P I i i __ + _ - -PV 7A 3+7.00- t A F _ 3TA I. + O w STA:19.00 K STA • .37 D� ELIVT816.00 - . S q N D O Z m z m O +' +' N N m (ll O (ll O rr � g G:\JOB\PLT12001_Lakepdnte\CHIPhase 4\ExhibhxPLT12001 Ph4_DPExh2_dc4.sht 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" MAINTENANCE CHECKLIST STORMWATER FACILITY MAINTENANCE AGREEMENT 10 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 and Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash ward 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 ov r a cu w c .. o c Cl) a) °- 0 a) � L � � <n C Q z' u O Z E E E E E E E E E E E E E E E O O 0 0 0 0 0 0 0 0 O O O O O LV U U U U U U U U U U U U U U U 0 R I I I I I I I I I I V Lu U. - O O 0 0 0 0 0 0 0 0 O O O O O J Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z N to Q O c LL x LL a V N N E a m a U) c' Ui J I N c .0 vi Y T c v) c o c o (� C.) 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