HomeMy WebLinkAboutContract 36089 CITY SECRETARY
CONTRACT NO.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of y ,
,Z4D7 by and between LQ Development, LLC, a Texas Limited Liability
Company, acting by and through its Manager, 179D GP, L.L.C., a Texas Limited Liability
Company,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 179.63 acre tract located in the Jose Maria Basquis Survey, Abstract 85,
Tarrant County, Texas according to the deed recorded in Volume 12811, Page 51, 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 Landmark Quebec, Fort Worth,
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 on
the attached Exhibit"A" ("Facility Property"); and
I TUA E C 0)—�19,
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.01/09/2007 �r �I1(� =1°`,fi
n
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 fimctions. 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.01/09/2007
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
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,
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.01/09/2007
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 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 114 — day of 2007.
Landowner City
LQ Development, LLC City of Fort Worth
By: 179D GP, L.L.C.
Its Manager
By: W %Q,Q elms�U Pin es
William E. Stonaker
Its Manager
Marc A.
Assistant City Manager
Approved as to Form and Legality
Assistant Lity Attorney
ATTEST
Pf A
City SecrAry
Contract Authoria"ti0'
��aLe
STORM WATER FACILITY MAINTENANCE AGREEMENT N1 s "Mr,
Rev.01/09/zoo?
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on A, A°d T by
Marc A. Ott,Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
HETU LANE
"j MYCOMMISQ!.J�grs ES
Duly 28c' otary Public, State of Texas
STATE OF §
COUNTY OF §
Before me,the undersigned authority on this day personally appeared William E.
Stonaker,Manager of 179D GP,L.L.C.which is the Manager of LQ Development,LLC,
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
l_/D-. \ v-p-I c)112 M-e r•4 � t-i-t- , and that he executed the same as its
YYl G v1 CA y' and as the act of such 1M a (a -+wand for the purposes and
consideration expressed in the foregoing instrument.
�`����►►�a u u n n d�q�i�
Notary Public, State of _ems
.,0•.
jM-9tA0TAfj
State of ,County of
`r da
•• P U Is I C Signed before me on tfais - y
9•�'••. .•• V111 of �-��-
0PCO', Notary Pub1i
frrti,s;
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.01/09/2007
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev.01/09/2007
UNE TABLE
LINE BEARING ILENGTH
L1 S00'4O'15'W I 882.89
o L2 S00'29'57'W 86.17
L3 S00'29'5 'W 1083.16
L4 N89'30'03"W 137.05
L5 00'29'57"E 959.01
L6 N36'30'11'E 37.91
L7 NOO'01'O6'E 90.99
N U! NB9'15'41'E 115.55
0' 700' 200' 4DO'
LOCATION MAP
N.T.S. Scala 1'-400'
LAKE WORTH ISO. LAKE WORTH 150.
VOLUME 3921,PAGE 365 VOLUME 4191,PAGE 355
O.R.T.C.7. D.R.T.C.T.
687.85'
K,■
,o-c LDf Io-P
POINT OF
W �Z
COMMENCING
n a u MJCH CORP.
g^� L
6 IO-A %I w VOLUME 13119,PAGE 117
c U U O.R.T.C.T.
0
m33 J
'o �
> O O
33
Y C
Kv1F
,m t0-°11
APACHE TRAIL JL6
L POINT OF
=1 Morn BEGINNING
K
MIT 2 LPr 11 j
IDf 3 Im,° i
DETENTION POND EASEMENT
J
' Z ill
1Of MIT■ d —I NW TARRANT GROWTH PARTNERS L.P.
a � VOL 12811, PG. 51
ae Lm 7 O
OSAGE TRAIL LOT 2, BLOCK 3
LOr I LOf 20 ! 16.218 ACRES
!t (705,448 SF.)
u
LOT 2
ZN 1 Y•,J C1
G Z,_
5a � U�rc
lDT 7 LOT 1! mr `ZO G
,Df l0i 17 I �Z ¢R4
� o �
TOT IOf,■ i o� j ��"s
W
L4 g' �aW.Mv(�
F EXHIBIT "Al"
Wn m1kQDnm mmm ���:•°G;STF°••
Aa®®efiffits®, ume, o':s DETENTION POND (1 )
CONSULTING CIVIL ENGINEERS ■ SURVEYORS �,..,°...........'s . LANDMARK QUEBEC SHEET
( 972 ) 490-7090 FAX ( 972 ) 490-7099 B J. ELAM FORT WORTH, TEXAS
Scale 1'=400' Date :08/14/07 "`••••"'°'°°'°'°°•°'1°°° J. M. BASQUIS SURVEY, ABSTRACT NO. 85
Design M.D.C. 4581 4: CITY OF FORT WORTH OF
V.1'� �P,•Q` TARRANT COUNTY, TEXAS 4
Drawn T.C.Y. •+°° �.y+st,�,,•0
Dwg. File :47401 POND—ESMT.DW ?We*
Gd •°jjp°°(y WILSON & STONAKER, LLC
325 MIRON ST. # 110(.JR�
Project No. : 47401.00 S SOUTHLAKE, TX 76092
FIELD NOTE DESCRIPTION — DRAINAGE EASEMENT (TRACT 1)
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the Jose Maria Basquis Survey, Abstract No. 85 of Tarrant County, Texas also being a portion of the land
described in a deed to NW Tarrant Growth Partners, L.P., recorded in Volume 12811, Page 51 of Deed Records of Tarrant County, Texas (DRTCT),
and being more particularly described as follows;
COMMENCING at a point being the southeasterly corner of a tract of land described in a deed to the Lake Worth ISD recorded in Volume 3921,
Page 365 of Deed Records of Tarrant County, Texas (DRTCT);
THENCE South 89 degrees 35 minutes 47 seconds West a distance of 687.85 feet to a point for comer,
THENCE departing the southerly line of said Lake'Worth ISD tract, South 00 degrees 40 minutes 15 seconds West a distance of 882.89 to a point
for a comer,
THENCE South 00 degrees 29 minutes 57 seconds West a distance 86.17 feet to the POINT OF BEGINNING;
THENCE South 00 degrees 29 minutes 57 seconds West a distance of 1083.16 feet to a point for a comer,
THENCE North 89 degrees 30 minutes 03 seconds West a distance of 137.05 feet to a point for a comer,
THENCE North 00 degrees 29 minutes 57 seconds East a distance of 959.01 feet to a point for a corner;
THENCE North 36 degrees 30 minutes 11 seconds East a distance of 37.91 feet to a point for a comer;
THENCE North 00 degrees 01 minutes 06 seconds East a distance of 90.99 feet to a point for a comer;
THENCE North 89 degrees 15 minutes 41 seconds East a distance of 115.55 feet to POINT of BEGINNING.
CONTAINING within these metes and bounds are 3.350 acres or 145,916 square feet of land more or less.
al
OF EXHIBIT "Al"
lnffiIkcIl�a��mZ sT•T�9 DETENTION POND 1
`� Aaa®�nrfl>t®®, IItm�. �?,• .° p•;�' LANDMARK QUEBEC) SHEET
CONSULTING CIVIL ENGINEERS r SURVEYORS �:
( 972 )490-7090 FAX( 972 ) 490-7099 .0400096•00060000000 00 FORT WORTH, TEXAS 2
Scale . N.T.S. Date :08/14/07 B. J. ELAM J. M. BASQUIS SURVEY, ABSTRACT NO. 85 CITY OF FORT WORTH
Design M.D.C. 0 OF
4581 �� TARRANT COUNTY, TEXAS 4
Drawn T.C.Y. p':
Dwg. File :47401POND—ESMLDWG '�F, 01� (� WILSON & STONAKER, LLC
Project No. : 47401.00 i c; ly J,,,`° 325 MIRON ST. # 110
Proj
� SOUTHLAKE, TX 76092
LINE TABLE
LINE I BEARING ILENGTH
L1 N23'00'29"E 117.54
L2 N0029"57'E 14-03.71
L3 S89.30'03"E 137.05
L4 S00 9'5 "W 140214
oti L5 S89'50'38"W 137.05
J�
0' 100' 200' 400'
LOCAMN MAP N.T.N.T.S. swi.,•=400
n
z
Uff'° mWU LOT 2, BLOCK 3
1Df4 1„17 16.218 ACRES
Tz i 0A (7oe.446 S.F.)
.5 da
Inca Imu U� aa
D� c
W
IW 7 lnf 14
�- LOT 1, BLOCK 1
° �" �3 24.345 ACRES
1 (1,090.4e5 SF.)
lnT a IM 11 Q
IDT to A
Im toe �11 I - 'Q.O
PAWNEE TRAIL
LANDMARK QUEBEC ADDITION
IDi2 I PHASE 11
Y 160.377 ACRES
I ] '' .e In IN Z
at j (6,955,011 5.F.)
Z IJ NW TARRANT GROWTH PARTNERS L.P.
Im 4 7 I o f VOL 12811, PG. 51
W
IN eA F-
101 M Inf m W
lM>• I A
I
111 L �,.�►
DETENTION POND EASEMENT 04 $ �)
,tI9■A.R�nl.w W.
wt_eem�'�.tact
Im
.e. It
wSI°"'sx'm� V
aat_rya,t�x1m .
POINT OF
POINT OF BEGINNING
COMMENCING
�I17mIk(IDIlIumffiIIffi (A�
■G� TFA EXHIBIT "A2"
)W..NSULTING
DETENTION POND (2)
CIVIL ENGINEERS ■ SURVEYORS ■■■■��■■� LANDMARK QUEBECSHEET
972) 490-7090 FAX ( 972 ) 490-7099 ,. EL AM FORT WORTH, TEXAS 3
ScGle 1"=400' Date :08/14/07 J. M. BASQUIS SURVEY, ABSTRACT NO. 85OF
Design M.D.C. 4581 Q, CITY OF FORT WORTHDrawn T.C.Y. 0 � ` TARRANT COUNTY, TEXAS 4
Dwg. File :47401POND—ESMT.DWG 3 '° ifs WILSON do STONAKER, LLC
325 MIRON ST. # 110
Project No. 47401.00 `. SDUTHLAKE, TX 76092
FIELD NOTE DESCRIPTION
DRAINAGE EASEMENT (TRACT 2) _
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the Jose Maria Basquis Survey, Abstract No. 85 of Tarrant County, Texas and being a portion of a
tract of land described in •a deed to NW Tarrant Growth Partners, L.P., recorded in Volume 12811, Page 51 of Deed Records of
Tarrant County, Texas (DRTCT), and being more particularly described as follows;
COMMENCING at a Concrete Monument found in the southeasterly corner of a tract of land described in a deed to Thomas Smith
and Glenda F. Smith recorded in Volume 7339, Page 2152 of DRTCT;
THENCE North 23 degrees 00 minutes 29 seconds East a distance of 117.54 feet to the POINT OF BEGINNING;
THENCE North 00 degrees 29 minutes 57 seconds East a distance of 1403.71 feet to a point for a comer;
THENCE South 89 degrees 30 minutes 03 seconds East a distance of 137.05 feet to a point for a corner;
THENCE South 00 degrees 29 minutes 57 seconds West a distance of 1402.14 feet to a point for a corner;
THENCE South 89 degrees 50 minutes 38 seconds West a distance of 137.06 feet to POINT of BEGINNING.
CONTAINING within these metes and bounds are 4.414 acres or 192,273 square feet of land more or less.
D/1arn�J�c�Il�ia�ffim �cP •••""••� EXHIBIT "A2"
W.ONSULTING
A®®®cenm>t�®, II1m� �;�•�'G1sT� '� DETENTION POND (2)
: •* LANDMARK QUEBEC SHEET
CIVIL ENGINEERS ■ SURVEY.: •�,°••••••■■■■•i•••■r°•°
c 972 490-7090 rAx ( 972) 490-709 g J. ELAM FORT WORTH, TEXAS 4Scale N.T.S. Date :08/14/07 "•"'°"°'°'°'°•�°°° J. M. BASQUIS SURVEY, ABSTRACT NO. 85 OF
• CITY OF FORT WORTH
Design M.D.C. ^"s'yA581 py; TARRANT COUNTY, TEXAS 4
Drawn T.C.Y. *` o� GS10�1°
•; ''•3SF-.�� � WILSON & STONAKER, LLC
Dwg. File :47401 POND—ESMT.DWG
Project No. 47401.00 325 MIRON ST. If 110
SOUTHLAKE, TX 78092
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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
clippin s
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 Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
STORM WATER FACILITY MAINTENANCE AGREEMENT (J
Rev.01/09/2007
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 1 O
Rev.01/09/2007
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2007
DATE: Tuesday, October 16, 2007
LOG NAME: 30LQDEVELOPMENT REFERENCE NO.: **C-22447
SUBJECT:
Authorize the Execution of One Storm Water Facility Maintenance Agreement with LQ
Development, LLC, for Property Located in Northwest Fort Worth (DOE # 5180)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement with LQ Development, LLC, for property located in northwest Fort Worth (DOE #5180).
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of two storm water facilities by the
owner, LQ Development, LLC. The maintenance shall occur at no cost to the City.
A storm water facility maintenance agreement was previously approved under the previous owner, 197D,
Ltd. (M&C C-22367). Ownership has since changed hands to LQ Development, LLC.
The storm water facilities will serve the Landmark Quebec Addition. The facilities are necessary to limit
storm water run-off generated in the subdivision to pre-developed conditions, and to reduce the possibility
of flooding to residents downstream of the watershed. The facilities are located north of NW Loop 820, and
west of Quebec Street.
The facility is located in COUNCIL DISTRICT 7, Mapsco 46W & 60A.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc A. Ott(8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Willie Ingram (6645)
http://www.fortworthgov.orgicouncil_packet/Reports/Mc_print.asp 10/17/2007