HomeMy WebLinkAboutContract 52134 CITY SECRETARY
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of April 5 ,
by and between D.R. Horton-Texas LTD., hereinafter referred to as
"Landowner", Pioneer Point Residential Community, 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 38.95 acre tract located in the B. Thomas Survey, Abstract Number 1497
and the R. Whitley Survey, Abstract Number 1672, Tarrant County, Texas according to
the deed recorded in Instrument Number D218247662, 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 Pioneer Point, Phase 1, 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
RECEIVED
APR- ("Facility") as shown on the Plan be constructed and adequately maintained by the
CITY OF FORT WORTH
CITY SECRETARY 0,FT5UAL RECORD
STORMWA20ER6 FACILITY MAINTENANCE AGREEMENT CE SECRE®PAW
T, WORTH,TX
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 D.R. Horton-Texas LTD. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") D.R. Horton-
Texas LTD. to the Association of legal title to the Facility Property, save and
except for any liabilities, indemnities and obligations of D.R. Horton-Texas
LTD. 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 20
Landowner City of Fort Worth
D.R. Horton-Texas LTD.
A Texas Limited Partnership
By D.R. Horton, Inc.
A Delaware Corporation
Its Auth ' ed Agent
Jesus J. Chapa
Name: Benjamin Clark Assistant City Manager
Title: Assistant Vice President Approved as to Form and Legality
Homeowners Association
Pioneer Point Residential Community, Inc. vwlu �141?1 If
Assistant City Attorn y
Name: Benjamin Clark ' C)j'�'f`'E ATTEST
Title: President - �
ity Secret
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. OR".TX
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
Jesus �, tt ment was acknowledged before me on �a�/ by
-Fen ,Assistant City Manager of the City of Fo orth, on behalf of the City
of Fort Worth.
d! MARIA&SANCHEZ
a :'= My Notary ID#2256490
-�TF,o�;�*,• Expires December 19,2021 -N�ojary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersi ed authority on this �, day of
24 personally appeared Benjamin Clark, 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 D.R. Horton-Texas LTD. Authorized Agent of D.R.
Horton, Inc. and that he executed the same as its Assistant Vice President and as the act of
such and for the purposes and consideration expressed in the foregoing instrument.
Katie Sabin bN
' sM COMMIUM Expires Notary Public, tate of Texas
11,27/2022
ID No 130023823
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on
g � `22:1 I � by, Benjamin
Clark, authorized representative, acting on behalf of Pioneer Point Residential
Community, Inc.
16
�° Katie Sabin NotaryPublic State of Texas
My Commission Expires ,
�0. $ 11/27/2022
v ID No 130023623
`•OF
Cam' y
0FRCW ° � C
CM SECII-DkET-�,
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 �� � i�," +<`• 1
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.
Ashraf Ibrahim —�
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
EXHIBIT "A"
INSERT 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 B.Thomas Survey,Abstract Number 1497,Tarrant County,Texas,
the R. Whitley Survey,Abstract Number 1672,Tarrant County,Texas, and the G.Walters Survey,
Abstract Number 1696,Tarrant County,Texas and being a portion of that tract of land described by deed
to D.R.Horton—Texas,LTD.,recorded in Instrument Number D218247662,County Records,Tarrant
County,Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod,with plastic cap stamped"Peloton", found at the southeast
corner of said D.R. Horton tract and being the intersection of the north right-of-way line of West Bailey
Boswell Road(a 110 foot right-of-way)and west right-of-way line of Eagles Landing Drive(a 60 foot
right-of-way);
THENCE N 00001'03"W, 795.59 feet,with the east line of said D.R. Horton tract and said west right-of-
way line,from which a 5/8 inch iron rod,with plastic cap stamped"Peloton",bears N 00001'03"W,
255.10 feet;
THENCE over and across said D.R.Horton tract the following bearings and distances:
N 90000'00"W,22.66 feet,departing said common line,to the POINT OF BEGINNING;
N 90000'00"W, 100.96 feet;
N 51033'36"W, 179.20 feet;
S 00049'55"W, 75.79 feet;
N 89010'05"W, 15.00 feet;
N 00049'55"E, 117.78 feet;
N 46032'51"E, 22.80 feet;
N 00000'00"E, 154.66 feet;
N 90000'00"E, 121.75 feet;
N 00000'00"E, 174.33 feet;
N 90000'00"E, 79.19 feet;
S 17040'51"E, 125.85 feet;
S 00000'00"E, 378.38 feet to the Point of Beginning and containing 90,054 square feet or 2.067
acres of land more or less.
"Integral Parts of this Document"
1. Description
2. Exhibit
Peloton Job No.LHL18001
Ft Worth January 30,2019
G:Job\LHL18001_Boat_C1ub\Master Dev\_Survey\Easements\Legals\LHL18001_EA28.docx Page 1 of 2
w Basis of Bearing is the Texas Coordinate System
North Central Zone 4202, NAD 83 \
T IRF = Iron Rod Found pd0� �I
3 ''Integral parts of this document'' OC-M
A 1. Description Q.[t�\�° • t�
VXT
2. Exhibit
N900 00'00"E a' \ 0 100 200
0 79.19' Q
\ GRAPHIC SCALE IN FEET
CD D.R. Horton - Texas, LTD. \
INST.• D218247662 S17° 40'51"E
C.R.T.C.T. N00° 00'00"E 125.85'
174.33' dlit
LINE TABLE I �4%
L1 N00° 01'03''W 795.59,
L2 N90° 00'00''W 22.66'
N900 00'00"E 4� %fi�•
L3 S00° 49'55"W 75.79' 121.75' (�• orb°
S00°00100"E
378.38'
I I
Approx. Survey Line �IRF NOme 592
N00° 00'00"E
154.66' I 0enfi6� 06�1�.
N460 32'51"E �nst DRY-
22 80' 2.067 Acres
I I
I N00-01'03''W
i 255.10'
N00° 49'55"E
117.78'
L 3
s,°
,7 �3
N89° 10'05"W 920,G"�y N90° 00'00"W
15.00' 100.96' L 2 — —-— T — i
I i i fi 800t 7 i 8
60p d°v Point of 1 P(3 K 201
n.19,N (SV 0 1 D
0 516a� L1 � � � I Tne��sfi• OR:f�' E I
• Beginning -
Point of ! to) 0) Deckyfouse Road
(a 60' Right-of-Way)
Commencing '2 ----_-_._.I_._.�._-
— — ; —-—-—-—-—-—-—-— — — — — — iRF I
I I
�'� * Nest Bailey Boswe(( oad 25 24 I 23 I 22
T 6 A. BRIDC;ES• (a 110' Right-of-Way) O I
�a•4940•�PI—
N eq•;$'Ss;°:
SURYE'(�� /
s
Exhibit "B"
SWFMA Area
P E LOTO N Situated in the B. Thomas Survey, Abstract Number 1497, the
R. Whitley Survey, Abstract Number 1672, and the G. Walters
I�I�I LA N D SOLUTI O N S Survey, Abstract Number 1696, Tarrant County, Texas
9800 HILLWOOD PARKWAY,SUITE 250 JOB# LHL18001 DRAWN BY:T.Richardson CHECKED BY: T.Brid es DATE: 01-21-19 PAGE#2 oft
FORT WORTH,TEXAS 76177 PH.#817-562-3350 9
G:\JOB\LHL18001_Boat_Club\Master Dev\—Survey\Easements\LHL18001—EA28.dgn Default 1/30/2019 10:34:35 AM
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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.1 1/1 71201 6
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
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.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 10
Rev.11/17/2016