The URL can be used to link to this page

Home My WebLink AboutContract 39898 CITY SECRETARY ��q STORM WATER FACILITY CONTRACT NO.. .1s a l_ MAINTENANCE AGREEMENT pyt�l THIS AGREEMENT, made and entered into this,,day of_ (ytj i ,_ , 20 Ir , by and between Newport Contractors, Ltd, a Texas Limited Partnership, acting by and through Newport Holdings, Inc, 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 0.0746 acre tract located in Lot 1, Block P, Newport Village at Trinity Addition, Tarrant County, Texas according to the plat recorded in Cabinet A, Slides 12881 and 12882, Plat 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 Newport Village at Trinity hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and WHEREAS, the City and the Landowner, 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, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 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 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, 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 Facility, 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 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.01/09/2007 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 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, 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. 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 AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.01/09/2007 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 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 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.01/09/2007 Executed this -fk day of 11k 20 GRANTOR: Newport Contractors Ltd. a Texas Limited Partnership By: Newport Holdings, Inc a Texas corporation its Gekeral Partn r By: LG... Ma in Van Wolfswinke Pre 'dent City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality NA U � Il, Lq Assistant Oy Attorney ATTEST Contract Authorizatioa City Secretary p a 60 o $� Date p�o ' o d 0 0 0 a 00 00 47, OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev.01/09/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on IUMW�k3 ,2 b(D by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. r'.VOMA OANIkLS E MYCOrvnalSS!IF+E;;PI9Eotary Public, State of Texas a July 10, ?;? ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this day of J v , 20�, by Martin Van Wolfswinkel, President of Newport Holdings, Inc. a TexW corporation and general partner of Newport Contractors, Ltd., a Texas limited partnership, on behalf of the partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of V , 20C�1. NoVary Public, State of Texas J,pFy PUq,i ANGELA ESTRADA Notary Public,State of Texas My Commission Expires V11"iF ;,'v August 21, 2011 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01/09/2007 , - � t� cy � KA E I sko\p►M W �10( Z�' k 1\) Being a tract of land out Lot 1, Block P, of Newport Village at Trinity, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 12881 and 12882, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Trinity Village at Newport; THENCE N 890 45' 44" E, with the north line of said Trinity Village at Newport, 76.13 feet to the POINT OF BEGINNING; THENCE N 890 45' 44" E, 14.13 feet; THENCE S 270 31' 57" W, 24.13 feet; THENCE with a curve to the left having a radius of 93.75 feet and a central angle of 270 46' 13", 45.44 feet, chord S 130 38' 50" W, 45.00 feet; THENCE S 000 14' 16" E, 49.86 feet; THENCE with a curve to the left having a radius of 93.75 feet and a central angle of 360 51' 01 60.30 feet, chord S 180 39' 47" E, 59.26 feet; THENCE S 370 05' 17" E, 29.28 feet; THENCE N 520 54' 43" E, 10.00 feet; THENCE S 370 05' 17" E, 19.04 feet; THENCE S 550 49' 25" W, 32.54 feet; THENCE N 370 05' 17" W, 17.38 feet; THENCE N 520 54' 43" E, 10.00 feet; THENCE N 370 05' 17" W, 29.28 feet; THENCE with a curve to the right having a radius of 106.25 feet and a central angle of 360 51' 01", 68.34 feet, chord N 180 39' 47" W, 67.16 feet; THENCE N 000 14' 16" W, 49.86 feet; THENCE with a curve to the right having a radius of 106.25 feet and a central angle of 270 46' 13", 51.50 feet, chord N 130 38' 50" E, 50.99 feet; THENCE N 270 31' 57" E, 17.55 feet to the POINT OF BEGINNING and containing 0.0746 ��_oF.?F�. acre or 3251 square feet of land. �Q..�ca�s;ERF t9�, �:Q •HERRON. JEFFREYW•. • ��• ' ..�....... «5379 Qit ESS\0?.10 EY-107 tk" NORTHWEST CORNER OF NEWPORT VILLAGE 0 TRINITYOF CAB. A, SLIDE 12551 POINT P.R.T.C.T. IBEGINNING N 89* 45' 44" E 14.13' 76.13' 4) FPMMOINT OF 0 COMMENCING OMMENCING A,) ry C\l C) (o. C) 3,251 5Q. FT. Z (A 0.0746 AC. 0 0 c� O m 00 co Cn CJI -;o ti NN C) Q+01 0') LAN 1�j G�STE :....................... JEFFREY... HERRON lq 537......OQ.. j. Q 0151. IQ IQ Ols" NC) tkl c z u> a a wa9] § e. °� F o zog 1ca� E9 � 8Q F �. °O R'i i• o e e "' €� e' € x 0 3 Y 7 "Hilly f �' 0 283gffeR-� 7k6 5-isas o I�' o W F lam � � p j.,m A o °., 'O fi, Fr'01 fK OZ � g= � V xnan� g yyp c z _m C' Z C1 [z9i K U U Z . m o e *_� 2h flC $�� d� a- a sH coV .9 z C 1 V • '\ % W e'I`� e D RRRB�g R8R8 8^g8 'tea III 11\` \ T' / FI" ' m�`�S"� o 71 S RR aBSRx aux;: ff --`'-- •si��I R II ,� _ N 1 I i m ��'' ii�, �.�� , �� ? 7d',� 'sm; ahnn hsyssgs I I I c�3o i " I n I I �� l i I I -• "�;. �\y �pvQ.. - � I I I y II gYJ I e$ I •. e� II II �" 3�>fi�»r»aeY�•��II 1 �i, II Uo� S' r 1p �" I 257.69'mI I 209.00': qo�y a 5 04'39'26'E h al I \\ tri w ' ~i "°" I• I.xN 91 .a4ylc 3 W "F h•-I` m 8Szd � p\ - Ir1�� I � sol I E v�. 245.00'o y s•oo't4't6' ,� - a ».asm -'•r4 I_ -,a I I`- -ri - - a a 1 'd _7- aa l_"_ _ _ _ _ _ _ ' �F,� ,a.ac="- mE•4 "'°" - ioenU - � 6� �g_ ---- ' a1-- __h�'OI a -w�0�U4Ta•xr+.n - ��_ �+ a.� "_,4 ,p d' � ., ^i a3AIN0 NYR Y¢S m a m Bm a 1� i g l M, - tl }q& 44 / .cpul s osacao >fi � __` -__ _� I .u,,u. U turns•+ i'F' ,r°dr 'ay i 3,61,Zt.00 N N -/ Z. i limp; r� 14D oil y o 5' a 'a 11 r 6 EW a i OOS fl d. ��Q Exhibit "C" CITY OF FORT WORTH STORM WATER 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.01/09/2007 Exhibit "D" Storm Water 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 M 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- STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.01/09/2007 'may Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.01/09/2007 - 33 i F tit t¢i i €i e° i• ` na§ _� n fl_. � `"3' �, l�i � qi 0 P Y t ION iiia .:� W t � � — W -I€� L_YY�n8i1,.a$ } @i Y n�¢g� 5 All;l a € S A � _ .i,�_� a F_dZ psi d2 Wip <;d h y- _ p i 9 ti i (� u (11 e88aii e8�:i�e i enL C_ 3yya a - W eafl� MU,UL#! 2 7i 88 j oil Lip b Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/11/2009 DATE: Tuesday, September 01, 2009 REFERENCE NO.: **C-23750 LOG NAME: 20ROWENEWPORTSWFMA SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement from Newport Contractors, Ltd., Located in the Newport Village at Trinity Addition, Lot 1, Block P Situated Near the Intersection of Trinity Boulevard and FM 157 at No Cost to the City RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement from Newport Contractors, Ltd located in the Newport Village at Trinity Addition located south and west of Vista Mar Drive (DOE 4652). DISCUSSION: Newport Contractors, Ltd owns a tract of land upon which it will construct a private 54" storm drain and headwall within one 0.0746 acre private drainage easement. This facility is necessary to extend the existing storm drain within the Stonewood Addition to the revised floodplain located within the Newport Village at Trinity Addition at no cost to the City. The facility is located south and west of Vista Mar Drive. The facility is located in COUNCIL DISTRICT 5, Mapsco 55U. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: William A Verkest P.E. (7801) Additional Information Contact: Jill D. Griffin (6253) ATTACHMENTS 1. 20ROWENEWPORTSWFMA.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=12178&print=true&DocType=Print 9/2/2009