HomeMy WebLinkAboutContract 40097STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this ptday of
2010, by and between HILLWOOD ALLIANCE RESIDENTIAL, L.P,
acting by and through Angie Mastrocola, hereinafter referred to as "Landowner", the
Heritage Homeowners 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 0.742 acre tract located in the Walter R. Converse Survey, Abstract 248,
Tarrant County, Texas according to the deed recorded in Volume 9409, Page 1403, 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 Heritage Addition Phase 3B Section
SA 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 and more particularly described by metes and bounds in the attached,
Exhibit A (Facility Property ); and CITY SECRETARYex
F1 WORTH,
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09//2007
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
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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09//2007
2
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.
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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09//2007
3
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.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnes and
obligations of Hillwood Alliance Residential L.P, as Landowner hereunder
shall expire and be of no further force or effect upon the transfer ("Transfer")
STORM WATER FACILITY MAINTENANCE AGREEMENT Ll
Rev. 01/09//2007
by Hillwood Alliance Residential, L.P to the Association of legal title to the
Facility Property, save and except for any liabilities, indemnities and
obligations of Hillwood Alliance Residential, L.P. 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.
r{,
Executed this �d day of 2010.
Landowner
HILLWOOD ALLIANCE RESIDENTIAL, L.P
a Texas limited partnership,
By: Hillwood Operating, L.P.,
a Texas limited partnership,
its general partner,
By;
Hillwood Development Company,
a Texas limited liability company,
its general,partner n
tinga,e iviastrocoia
Sr. Vice President
oAtrakct Authorizaelt.iox
at
Association
Heritage Homeowners Association
3102 Oaklawn Ave, Suite 202,
Dallas, TX 75219
Tom Woliver
President
I
OFFICEAL F�EC®RD
CITY SECRETARY
FT
- STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09//2007
LLC,
City
City of Fort Worth
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney j
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on zip/L 161 ,�2zlcd by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
EVONIA DANIELS /
MY COMMISSION EXPIRES 11 t 'J
July 10, 2013 otary Public, State of Texas
, SHANNON SUSAN DEAR
STATE OF TEXAS § 9 64% Notary Public, state of Texas
My Commission Expires
COUNTY OF DALLAS §
11 111%% January 07, 2014
Before m�, the undersigned authority on this ;�rx� day of �(Ln t,�-' ,
2010. personally appeared Angie Mastrocola, known to me to be the person wh se name
is subscribed to the foregoing instrument and acknowledged to me that the same is the act
of Hillwood Development Company, LLC, a Texas limited liability company, on behalf
of said limited liability company, in its capacity as general partner of Hillwood Operating,
L P a Texas limited partnership on behalf of said limited partnership in its capacity as
Iieneral partner of Hillwood Alliance Residential, L.P., a Texas limited partnership, on
behalf of said limited partnership, and that he executed the same as its Sr. Vice President
and as the act of such Hillwood Development Company_ and for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, State of Texas
,,.o.�aYP�s, SHANNON SUSAN DEAR
�a Notary Public, State of Texas
COUNTY OF DALLAS § -N. My Commission Expires
;,'` January 07, 2014
This instrument was acknowledged before me on this o1dnGY day of�2
2010 by Tom Woliver, authorized representative, acting on behalf of the Heritage
Homeowners Association,
r�
otary Public, State of Texas
STORM WATER FACILITY MAINTENANCE AGREEMENT '7
Rev. 01 /09//2007
EXHIBIT "A"
LEGAL DESCRIPTION OF A
STORIVIWATER DETENTION FACILITY
Being a tract of land situated in the J.B. Knight Survey, Abstract Number 902, and the Walter R.
Converse Survey, Abstract Number 248, City of Fort Worth, Tarrant County, Texas, and being a
portion of that tract of land described by deed to Hillwood Alliance Residential, L.P., formerly
known as Hillwood/2500, LTD. recorded in Volume 9409, Page 1403 of County Records,
Tarrant County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "Jacobs" found at the most westerly
corner of Lot 2, Block 105, Heritage Addition, Phase 3B, Section 5A, an addition to the City of
Fort Worth recorded in County Clerk's Filing Number D209317079, County Records, Tarrant
County Texas, and being in the easterly line of a 50 foot Magnolia Pipeline Easement as
recorded in Volume 2871, Page 596, said County Records;
THENCE N 35°34'S8"W, 253.31 feet with said easterly easement line to a 5/8 inch iron rod
with cap stamped "Jacobs" set;
THENCE N 54°25'02"E, 135.00 feet departing said easterly easement line to a 5/8 inch iron rod
with cap stamped "Jacobs" set;
THENCE S 35°34'S8"E, 35.74 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set, the
beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 88.46 feet, through a central angle of
40°3257 having a radius of 125.00 feet, the long chord of which bears S 55°5126 T. 86.63
feet to a 5/8 inch iron rod with cap stamped "Jacobs" found at the northwest corner of Lot 4,
Block 105, said Heritage Addition;
THENCE S 00°23'23"W, 168.44 feet with the west line of said Heritage Addition to a 5/8 inch
iron rod with cap stamped "Jacobs" found at the common corner of Lots 2 and 3, Block 105;
THENCE S 5402552555W, 66.08 feet west line of said Heritage Addition to the Point of
Beginning and containing 32,316 square feet or 0.742 acres of land more or less.
JACOBS Job No. CB011540.050.1.0449
FW22Y
J:UOB\01154001\NUR\WP\LEG\1540 E36.DOC
January 21, 2010
Page 1 of 2
NOTES: BASIS OF BEARING IS THE WEST LINE OF HERITAGE ADDITION, PHASE 3B,
SECTION 5A, AS RECORDED IN COUNTY CLERK'S FILING NUMBER D209317079,
COUNTY RECORDS, TARRANT COUNTY, TEXAS.
IRF = IRON ROD FOUND
IRS = IRON ROD SET
HERITAGE ADDITION
PHASE 38, SECTION 58
(PROPOSED)
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EXHIBIT 'A
ADDITION
PHASE 3B, SECTION 5"
CCE "D209317079
C.R.TaCaTa
HERITAGE
APPROX
IMATE SURVEY LINE
n
"
STOh'MWATER DETENTION FACILITY
SITUATED I N THE
J.
B. KNIGHT
SURVEY, ABSTRACT
NUMBER 902 AND THE
WALTER R.
CONVERSE SURVEY,
ABSTRACT NUMBER
248, CITY
OF FORT WORTH
TARRANT
COUNTY,
TEXAS
JOB # CB011540.050.1.0449
DATE:
01-21-10
DRAWN: DLF
CHECKED: TAB
SHT. NO.
2 of 2
FILE:
j:\JOB\01154001\SUR\1540_E36.dgn
DATE:
21-Jon-10
D8:04
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 9
Rev. 01/09//2007
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
10
DATE
REPAIRS
REQUIRED
REPAIRS
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
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 11
Rev. 01 /09//2007
Exhibit
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
Exhibit
Storm Water Structural Maintenance CHECKLIST
FREQUENT
REPAIRS
REPAIRS
DATE
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
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 Ri
STORM WATER FACILITY MAINTENANCE AGREEMENT
_..Rev. t�1709!l2007 _.
Ra
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 a
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/6/2010
DATE: Tuesday, April 06, 2010
LOG NAME: 20ROWEHERITAGEHOA
REFERENCE NO.: **C-24150
SUBJECT:
Authorize the Execution of One Storm Water Facility Maintenance Agreement with Hillwood Alliance
Residential, L.P., and Heritage Homeowners Association, for Property Situated West of Ray White Road
and North of Heritage Trace Parkway in North Fort Worth at No Cost to the City (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute one Storm Water Facility
Maintenance Agreement with Hillwood Alliance Residential, L.P., and Heritage Homeowners' Association
located in the J.B. Knight Survey, Abstract No. 902 and the Walter R. Converse Survey, Abstract No. 248,
located West of Ray White Road and North of Heritage Trace Parkway in North Fort Worth, at no cost to
the City. (DOE 5861)
DISCUSSION:
Hillwood Alliance Residential, L.P., is the owner of approximately 23 acres of property upon which it will
construct one detention pond facility (DOE No. 5861). The detention pond will serve the Heritage Addition,
Phase 3B, Section 5A. This facility is necessary to limit storm water run-off generated on the property to
pre -development levels.
The terms of the Maintenance Agreement assure the proper maintenance of one detention pond facility by
Hillwood Alliance Residential, L.P., and later, Heritage Howmeowners' Association, at no cost to the City.
The facility is located west of Ray White Road and north of Heritage Trace Parkway.
The facility is located in COUNCIL DISTRICT 2, Mapsco 22Y.
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
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 20ROWEHERITAGEHOA.pdf (Public)
FROM Fund/Account/Centers
Fernando Costa (6122)
William A. Verkest P.E. (7801)
Malena Doty (7812)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13147&print=true&DocType=Print 4/15/2010
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