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HomeMy WebLinkAboutContract 35644 Detention Pond No 2 CITY SECRETARYCONTRACT NO. Terrace Landing STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of March 30, 2007, by and between D.R. Horton-Texas, Ltd., acting by an through its Authorized Agent, D.R Horton, Inc, acting by and through Don E. Allen, Assistant Secretary, hereinafter referred to as "Landowner", the Terrace Landing Owners 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 1.631 acre tract located in the A.F. Albright Survey, Abstract 1849, Tarrant County, Texas according to the deed recorded in Instrument No. D206014290, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit"A", 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 Terrace Landing, 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 storm water 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 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, including Association, the location and dimensions of which is shown on the attached Exhibit"A" ("Facility Property"); and STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.01/091/2007 Detention Pond No 2 Terrace Landing Landowner, its successors and assigns, including Association, the location and dimensions of which is shown on 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 Storm Water 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 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.01/09//2007 Detention Pond No 2 Terrace Landing 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 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 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 3 ° Rev.01/09//2007 �d Detention Pond No 2 Terrace Landing 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 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 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, 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 Detention Pond No 2 Terrace Landing 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") by 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 this36 �—h day of M'41042007. Landowner City D.R. Horton-Texas, Ltd. City of Fort Worth rton, Inc—Authorized Agent F ame: Don E Allen Marc A. tt Title: Assistant Secretary Assistant City Manager Terro.te LoAc�►K OwInerS > Association Approved as to Form and Legality President Assistan City Attorney ATTEST City Secretary c:izz hori za�tioa �__ - Date STORM WATER FACILITY MAINTENANCE AGREEMENT 5 ^'d Rev.01/09//2007 Detention Pond No 2 Terrace Landing STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on � � �' by Marc A. Ott, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. i HETTIE LANE *; *= MY COMMISSION EXPIRES Notary Pu lic, State of Texas =� �.` July 26,2011 �TF 4f +n STATE OF TEXAS § COUNTY OF TARR-ANT § Before me, the undersigned authority on this day personally appeared 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 suchAs*i&S*:r rnd for the purposes and consideration expressed in the foregoing instrument. yOiigY➢j�/O =State KER of Texas xpires00s 9— totqyPic, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on-311llU9 3D, Ze6'1 by, �o 0 KE, Nkl, ,SJ , authorized representative, acting on behalf of the l:A-4-4- TAT.,,-Fb, � 11a.tA U"s 9@;a4o.,;;q4 ro Association...... .. -. -..... _.- 1 rs JUDY M. SNEDEKER�. Notary Public,State of Texas N�* p„ My Commission Expires %..Fkxi. Fabruary 20,2008 40Pitli'c�—, S ta o exas /!tl 1111 it STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01/09//2007 _ • EXHIBIT "A" FIELD NOTES Detention Pond No. 2 1.631 Acres Terrace Landing Phase 1 BEING a tract of land situated in the A.F. Albright Survey, Abstract No. 1849, City of Fort Worth, Tarrant County, Texas, and being part of that tract of land described as Tract I in a Deed to D.R. Horton-Texas, Ltd., as recorded in Instrument No. D206014290 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point for corner in the South line of said Tract I and the North line of a tract of land described in a Deed to Texas Electric Service Company, as recorded in Volume 2200, Page 309, of the Deed Records of Tarrant County, Texas, said point being North 89 degrees 52 minutes 08 seconds West a distance of 28.45 feet from a concrete monument found at the Southeast corner of said Tract I; THENCE North 89 degrees 52 minutes 08 seconds West along the South line of said Tract I and the North line of said Texas Electric tract, for a distance of 536.71 feet to a point for corner; THENCE North 00 degrees 07 minutes 52 seconds East, departing the South line of said Tract I and the North line of said Texas Electric tract, for a distance of 273.35 feet to a point for corner; THENCE South 19 degrees 29 minutes 41 seconds East for a distance of 103.09 feet to a point for corner; THENCE South 00 degrees 31 minutes 47 seconds East for a distance of 156.26 feet to a point for corner; THENCE South 89 degrees 52 minutes 08 seconds East for a distance of 99.18 feet to a point for corner; THENCE North 46 degrees 39 minutes 49 seconds East for a distance of 29.95 feet to a point for corner at the beginning of a non-tangent curve to the left; THENCE in a Northeasterly direction, along said curve to the left having a central angle of 118 degrees 20 minutes 55 seconds, a radius of 50.00 feet, a chord bearing of North 77 degrees 29 minutes 22 seconds East, a chord distance of 85.87 feet and an arc length of 103.28 feet to a point for corner; Page 1 of 3 P:\Sdsksurv\2004051\doc\Easements\405ILegal-DetentionPond2.doc THENCE North 89 degrees 59 minutes 00 seconds East for a distance of 102.45 feet to a point for corner; THENCE North 00 degrees 07 minutes 52 seconds East for a distance of 79.51 feet to a point for corner; THENCE North 28 degrees 14 minutes 07 seconds West for a distance of 132.43 feet to a point for corner; THENCE North 11 degrees 58 minutes 22 seconds West for a distance of 119.09 feet to a point for corner; THENCE North 20 degrees 35 minutes 56 seconds West for a distance of 92.04 feet to a point for corner; THENCE North 61 degrees 20 minutes 23 seconds East for a distance of 30.34 feet to a point for corner; THENCE South 73 degrees 53 minutes 05 seconds East for a distance of 27.63 feet to a point for corner; THENCE South 29 degrees 06 minutes 33 seconds East for a distance of 533.16 feet to the POINT OF BEGINNING, and containing 1.631 acres of land, more or less. cF. F.f. T©On S.TURNER sq 4859M 0? Page 2 of 3 P:\Sdsksurv\2004051\doc\Easements\4051 Legal-DetentionPond2.doc EXHIBIT "A" DETENTION POND NO. 2 1.631 ACRES TERRACE LANDING PHASE 1 LOT 1 BLOCK X SP�OS 11 LOT 2 BLOCK X N 7-9 0. -j 17 26 2 Q �ID -p 12 N y� -;0 c� 'pp e° 2 z 3 9 fn 10 O � � F 5 9 ofo�o W CAI W 2o� N- J U> ~ r O z En N89'59'00"E z 7 102.45 1.631 ACRES rn S89'52'08"E �� C a�ocK4x N 99.18 M N89'52'08"W 536.71' POINT OF FND CONC. TEXAS ELECTRIC SERVICE Co. BEGINNING N89'52'08"W MON. o VOL. 2200, PC. 309 28.45' Q D.R.T.C.T. � �OF LINE TABLE m LINE BEARING LENGTH L1 N46'39'49"E 29.95 —s4-----�`"- X TOOQ 8.TURNER d L2 N61'20'23"E 30.34 .., _ . L3 S7353'05"E 27.63 '9 4859 r t o <9,'a�ES S�OOQ v CURVE TABLE �O ...,...Y 1 R Z *clKm3.28 NGTH RADIUS DELTA ANGLE CHORD DIRECTION CHORD LENGTH ul 1 50.00 1 118'20'55" 1 N77'29'22"E 85.87 t w Q m NOTES: USA PROFESSIONAL SERVICES GROUP. 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Q SG TG C2OF �5 4 F 1 N < 440SC ` 43 TG 4 2F,� ' m 43.5SG A35f of 744.1 FP 743.7fP 744.3fP '� ,� 0e4 744.r 745.OFP m o � k 745.2�' Fv 4 W . 4 r 4 a F 4 4.BF 4.4F 94 4 3f 44.F 43,8E 4.4F 42 SEX 1 F A AA F X AXIS A4.4f '��< tZ to F! 4A o w F n Kpa� � LL rn o U=� a 11 I -a-o m W v h F: � xo ®W SILL K I avo nivlz o o� () M.G.a gox oa S Lli W o O p hd J I00 m �� Ha W h Q Lv'-> (n mm1,�r � d Li W n- h to I O m 13H jam_ < ✓ Z aK o �z w ? o w n m 99 133HS 33S " & 3NII HDiVV4 • 4N � ~ rvIm v� � � U O h N U 33S 3Nn HO1VW C9 133HS F�x LERF Oob6 aro•Aea ryry.LO:[b:[S saaz/b2(s'(w.wsl s.rn 6amwr.ru.rrenu�e awun w�..,.�:..i„�,...,..,, Detention Pond No 2 Terrace Landing 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 Detention Pond No 2 Terrace Landing Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.011091/2007 Detention Pond No 2 Terrace Landing Rap Condition of filtration system 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.01/091/2007 WNW* MA E 9 r 'NA� y.. 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