HomeMy WebLinkAboutContract 36731 CITY SECRETARY
CONTRACT NO. 1
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered .into this day of bet. /$ ,
_pj, by and between Westpoint DFW Apartments Limited Partnership, acting by and
through NT 101 Development 2006, General Partner, 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 14.838 acre tract located in the J.W. Oxford Survey, Abstract 1201 and G.
White Survey, Abstract 1751 , Tarrant County, Texas according to the deed recorded in
Volume 15539, Page 434, Deed 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 Wynhaven at Westpoint 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 attachedviit
Property"); and; iCIE `
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STORM WATER FACILITY MAINTENANCE AGREEMENT `) 5 1 1 —0 v P 12'2 7 IN
Rev.01/09/2007
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
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 sup"
Rev.01/09/2007 3
it.
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
Rev.01/09/2007 4
Executed this day of Nt -. 2007.
Landowner: City:
Westpoint DFW Apartments City of Fort Worth
Limited Partnership
By: NT 101 Development 2006, G.P.
LLC, its general partner
Name: I Ffifi ,4lvDO eo-f 714, 4,r r/A,*6,
Title :q(G� _ Assistant City Manager
Approved as to Form and Legality
10. &,24
Assistant Pity Attorney
ATTEST
City Secretary
Contrac zhorizAtion
Date
STORM WATER FACILITY MAINTENANCE AGREEMENTu v'S�j 5 �
Rev.01/09/2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me onD by
rVAA,,AN100 rVi7n Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort WortHETTh.
IE Lf1N„-._`._.�C
MY COMMISSION EXPIRES
July°s;• Notary Public, State of Texas
STATE OF TEXAS § "" "'
`�o1�,NYPbB�ipi CHERYL BROWN
Notary Public,State of Texas
COUNTY OF TARRANT § =•� ry` My Commission Expires
��''%;;��;;�' July 21,2010
Before me, the undersigned authority on this day personally appeared
a all CL4 , known
to me to be the person hose name is subscribed to the foregoing instrument and
acknowled d to me that the s me is the act of
AW io1- 40 �9uo Cdnd that he executed the same as its
GO dt>C�lel T-�b�S—td.N�ff� �ii/EISdtgq
Vice wand as the act of such yw,_M , n for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, Sta of fexas
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.01/09/2007
EXHIBIT A
DETENTION POND EASEMENT
SHEET 1 OF 3
BEING all that tract of land in the City of Fort Worth, Tarrant County,Texas, a part of
the B.B.B. & C. RAILROAD COMPANY SURVEY,ABSTRACT NUMBER 219, a
part of the G. WHITE SURVEY, ABSTRACT NUMBER 1751, and being apart of that
14.838 acre tract of land described in Deed to Westpoint DFW Apartments Limited
Partnership as recorded in Clerk's Document Number D207414790,Tarrant County
Deed Records, and being further described in two (2)tracts as follows:
TRACT 1
COMMENCING at a one-half inch iron rod found at the northeast corner of said 14.838
acre tract, said point being the southeast corner of that 25.527 acre tract of land conveyed
to John B. Foster as recorded in Volume 15662,Page 414, Tarrant County Deed Records,
said.point being in the west right-of-way line of Interstate Highway 820 (variable width
right-of--way),from which a TX DOT monument found for corner bears South 14 degrees
42 minutes 50 seconds West, 852.79 feet;
THENCE South 14 degrees 42 minutes 50 seconds West, 182.36 feet along the west
right-of-way line of said Interstate Highway 820 to a point for corner;
THENCE North 75 degrees 17 minutes 10 seconds West,20.00 feet to the POINT OF
BEGINNING;
THENCE South 14 degrees 42 minutes 50 seconds West, 179.04 feet to a point for
corner;
TI-IENCE North 75 degrees 08 minutes 23 seconds West,90.38 feet to a point for corner;
THENCE North 14 degrees 51 minutes 36 seconds East, 155,18 feet to a point for corner;
THENCE East, 93.04 feet to the POINT OF BEGINNING and containing 15,068 square
feet or 0.346 acre of land.
TRACT 2
COMMENCING at a one-half inch iron rod found at the northeast corner of said 14.838
acre tract, said point being the-southeast corner of that 25.527 acre tract of land conveyed
to John B. Foster as recorded in Volume 15662,Page 414, Tarrant County Deed Records,
said point being in the west line of Interstate Highway 820(variable width right-of-way),
from which a TX DOT monument found for corner bears South 14 degrees 42 minutes 50
seconds West, 852,79 feet;
EXHIBIT A
DETENTION POND EASEMENT
SHEET 2 OF 3
THENCE North 89 degrees 35 minutes 53 seconds West, 635.00 feet with the north line
of said 14.383 acre tract and with the south line of said 25.527 acre tract to a one-half
inch iron rod found for corner,being the northwest corner of said 14.838 acre tract;
THENCE South 14 degrees 51 minutes 37 seconds West, 182.87 feet along the west line
of said 14.838 acre tract to the POINT OF BEGINNING;
THENCE East, 105.98 feet to a point for corner;
THENCE South 14 degrees 51 minutes 37 seconds West, 164.87 feet to a point for
corner;
THENCE North 75 degrees 08 minutes 23 seconds West, 102.43 feet to a point for
corner,being in the west line of said 14.838 acre tract;
THENCE North 14 degrees 51 minutes 37 seconds East, 137.70 feet along the west line
of said 14.83`8 acre tract to the POINT OF BEGINNING and containing 15,496 square
feet or 0.356 acre of land.
OF
G�q�{7y�ty
� e®eesaQaeeeso'®ei.s•O• ••
WILLIAM•J. JOHNS
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EXHIBIT A
DETENTION POND EASEMENT
SHEET 3 OF 3
JOHN B. FOSTER ��2•
VOL 15662, PG. 414 IRF /�
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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
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.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 10
Rev.01/09/2007
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Page 1 of 1
City of Foil Worth, Texas
Mayor and Council Communicaflon
COUNCIL ACTION: Approved on 3/4/2008
DATE: Tuesday, March 04, 2008
LOG NAME: 30WESTPOINT REFERENCE NO.: **C-22700
SUBJECT:
Authorize the Execution of one Storm Water Facility Maintenance Agreement with Westpoint DFW
Apartments Limited Partnership, for Property Located in West Fort Worth (DOE 5848)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement with Westpoint DFW Apartments Limited Partnership, for property located in west Fort Worth.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of two storm water facilities by the
owner, Westpoint DFW Apartments Limited Partnership. The maintenance will occur at no cost to the City.
The storm water facilities will serve the Wynhaven At Westpoint 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 west of West
Loop 820, and north of Westpoint Boulevard.
The facility is located in COUNCIL DISTRICT 7, Mapsco 72D.
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 b Fernando Costa (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Willie F. Ingram (6645)
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 3/5/2008