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HomeMy WebLinkAboutContract 39759e� Y SECRETARV�GI�S' CONTRACT NO. _ .. �:. STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of tBw kAf�( y , 126W, by and between � �J j��k V>p , acting by and through hereinafter referred to as "Landowner", the ((AACcz klz 5 "41�XA 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 Ut�) approximatelyJU449%cre tract located in the SSey, Abstract LAW ja59 b Qd7 4 �. i Tarrant County, Texas according to the deed recorded in Volume a e , 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 5 S(SAI*4 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 bmull ds= gin=the attaied Exhibit "A" ("Facility Property"); and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 1 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 employe suer "upon the CITY SECRVURY TORM o1/WA/2 ER FACILITY MAINTENANCE AGREEMENTFT4 WORM 'r 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 Landowners. 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 malting 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 Orr1KelA�. RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 7 9. 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, 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. 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. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations ofL`'Landowner hereunder shall expire and be of no further force or effect upon the transfer 6`FThEAT'IE&RD CITY SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT I FT. WORTH, IX Rev. 01 /09//2007 the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of � LY 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 Landowner y Title: ��yL{iJ11�&� �6 �' �+ Hbmcowners Association Nam `' r ' STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 City City of Fort Worth Fernando Costa Assistant City Manager Assistant City Attorney ATTEST °oo y Secretary ContracthuthorizatiOR Date OFI�ICIA� RECORD e CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 4;' A t, Zald by Fernando Costa, Assistant City Manager of the City of Fort Worth no behalf of the City of Fort Wari , - EVQNIA �ANIELS MY COMMISSION EXPIRES July 10, 2013 STATE OF TEXAS COUNTY OF TARRANT Before me, the Notary Public, State of Texas undersigned authority on this I jLc3 r personally to me to be the person whose name is subscribed to the foregoing acknowledged to me that the same is the day of appeared nstrument and known i act of ��--'^r1 ,and that he executed the same as its 1C9.,.r-� and as the act of such _�Cg•t.r-�-.,-and for the purposes and consideration expressed in the foregoing instrument. �g�YaU�c TERRY KHAMMASH Notary PubAc * STATE OF TEXAS sf4�� p5 My Comm. Exp.02/0112012 STATE OF TEXAS 0 Notary Public, Stag of Texas COUNTY OF TARR-ANT § This instrument w s acknowledged before me o (' 2,. � may, N ��_��, authorize representati e, acting on behalf of the Association. � �tl~ RECORD Notary Publi ,State of Texa ; CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 6 EXHIBIT "A" INSERT LEGAL DESCRIPTION OFFICiAi.. RECORD CITY SECRETARY T. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 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. Herat maintenance Procedu 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 124ches 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 Is 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. O�kli�l�a_ CORD CITE! SECRETARY T. WORTH, TX Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION 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 - DATE REPAIRS REQUIRED REPAIRS MADE NOTES Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation �F�IiCl�L F�ECCt�D CITE Sf�CF�ETA�Y F e livoRTH, TX 10 3 5 d iE uJe o an ttl a' tea �ae . n c n �.o� w '1 40 Ad a do g Y4 Ni �iYRRu iMAC zt IIIM`n �sLL nF y 2 _ i U�c i iP�fr i' g Its 1 (n§0-At 4�.1 �6G g At a, _' g • ' ° g' ° a his `'- bta ;. ffi 3, E ri Qa n Y P i a�, iae�c s Y^r Air so ,�i. o n 1° Q� 'O wlt�> tt n 4' £ 3 s aa°=,i,. i"P` 9 EE �}}}'''S U '" F5QW1 A, p4 of ' a it. 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TARRANT COUNTY TAX OFFICE T.❑rrSYrRIr.E • ulherfoA, Room 105 Fon Word4 hays ]61960)01 817-884-IIW n•A( 11E91699elerranscounry.com Is TARRANT COUNTY TAX OFFICE e6 TavPRICE }OYi 100E Huth:rford.Room 105 • Fors\Vorth. Texas 7619&0301 • 817-834-1100 Tar A•••uar.Cellrri•r I axe ffice@ tarrantcounry.eom 2003 EMERGENCYSERVICE OISTftICT #1 40'99 340.66 2003 EMERGENCY SERVICE DISTRICT 91 90D 2003 ftGE VICE DISTRICT 7481 120.62 2003 Es ENCY SER OISTRILT#1 100239 2003 JPS HEALTH NETWORK PS HEALTH NETY! 2003 JPS HEALTH NETWORK 39.49 63 220.11 139.63 2003 JPSH T'IOR 1160.38 2603 Tenant County30,66 700 To 1CounN 2003 TARR County Mali 251.81 2003 TARRANT COUNTY COLLEGE 71.42 200 T rtanl Ccun 593.52 15.68 200 OUNTVC L 130.E 2003 EMETARRGE COUNTY COLLEGE 2003 TARRANT COU ESE 2002 EMERGENCY SERVICE DISTRICT#1 11.05 31].72 11.05 2002 EMERGENC RVIC ISTRICT#1lgIZ4 2002 JPS SERVICE DISTRICT #1 Mot 2002 a CYSE CE DISTRICT #1 1"9 2002 JPS HEALTH NETWORK 25,67 2002 JPS HEAL TWORK 738.39 2002 JPS HEALTH NETWORK 25 21z.98 104,36 2002 JPSH NETYOR 2002 Tenant County 2002 Tarta County 865.80 2002 Tartanl County 30.10 249.73 2002 TARRANlT COUNTY COLLEGE 53.39 3002 T3R❑nl OR 49F:89 13:98 2002 TARRAN OUNTYC E 127.73 2002 TARFANT LOl1NTY'EOLL€G€ 20D2 7ARfW:T COUNTY LLEGE 2001 EMERGENCY SERVICE DISTRICT Of 38.31 317.89 13.82 2001 EMERGENCY VICE DIST #1 2901 EMERGENCY SERVICE DISTRICT 01 114.67 2001 JPS HEALTH NETWORK 89.68 2901 EMERGENCY S VICE ICT#1 744.08OB 2001 JPS HEALTH NETWORK 32.35 2001 JPS HEALTH NE 268.42 105.28 2001 JPS HEALTH NETWORK 87350 2001 Tarrant County 2001 Tortoni County 37.98 2001 Tarrant C9unry 315.11 2001 TARRANTCOUNTYCOLLEGE 40.77 2001 Tarrant County 31126 2001 TARRANT COUNTY COLL 2001 TARRANT COUNTY.COLIEGE 14.71 122.Oi TOTAL 41,706.64 IF TA 20Di TARRANT COUNTY COLLEGE 23 ISSUED Ta, CORM TNOW7TQN AGCOUNTNUM6ER 00041005465 IS SUED TO: CORY TH4OyR190H TOTAL CERTIFIED T L S1,706.64 ACCOUNT NUM6ER ( 516,33]'10502] C� TOTAL CERFJEI t BY: TPHMHT COUNTY TAX OFFICE ] It "OFFICE TE NOTE 0Y: _ 6y. ARRANT COUNTYTA%OFFILEnv agicuNm Jefctncnl PR �. �It deferment. one has an BY. 0 ox d h the land .Aiditl I la s will Mso a due when the one UIRP g d the % !Z longer o s thanes and III, c,lz o hinger cut n ezabriculru c. 1.: n is n u TH€RE RRE NO UELINQUENT TAXES ON THIS ACCOUNT TAXES DUE WILL BECOME DELINQUENT ON FEB 1 J �1DCS 1 u Dz072�2� qqs�7 J L �a. maatt'• TARRANT COUNTY TAX OFFICE DFITSY ICE(YOYI" y' ]DOE. Weatharford,Room 105 • FortlManh. Texas 76196-0301 817-334-11M Ta•A..•.�r e.❑m.r �'4••['GOlmo uxoffic<@lamntcount%team t �x1 rA iF_ kiW E4s- a WILLOW RIDGE E5T6 .,may.,; l. Suhmitter: KANDICE N MARTIN CITY OF FTW ICATEFORACLOUN 0004I1os028 DATE: WIMN7 PAGE OF 'AD NU ER A1268 at, FEE:$10-00 DER ICATENO 4 PROPERTY DESCRIPTION RIGHLY, JAMES SURVEY SUZANNE COUNTY CLERK 8 SY PR DE A1268 TR 8L TARRANT COUNTY CLERK P DO x 1018 TARRANT COUNTY COURTHOUSE F Riwo 76161 0000000 WILLOW SPRINGS RD 199 WEST W€ATH€RFORD 53.996 ACRES FORT WORTH, TX 76196.0401 CORYT PROPERTY OMER eD DEVELOPMENT LP 201 MAIN ST#1310 DO NOT DESTROY FORT WORTH 76102 201 MAIN ST STE 1310 WARNING - THIS IS -PART OF THE OFFICIAL RECORD FORT WORTH TX 761023117 This Is to unity 01 a ad Valorem records a To ny Tax Assessor -Col edor reflect the lax, Interest. and Ober slalulory fees that he ssesseda to ato the 'n9 enti4es and for the years eel out belmv fw the descabed property heron. The To nl County Asses lCoeactor as n ceNfiraOon as to the amount of tax, penalty, Interest, Filed For Registration: 0610.1/2007 at to Pld or oNeth r fees assessed due laxl ty (w e ye s for which the Tarrant Count' Tax ASSessonColleclw did neat have the statutory u toll art keep ascends of such lectIon. Additional taxes may become due on theInawmans #: 03072726]t destaibed property, "Ich or not r Ued here h, lllkl IlTak! desert d Property has or Is recelvin any special staMory PLATA S PGS ].00 valuations that may Irigit r lei in ck provision I d ,tale appy to ad valorem taxes only and does not apply to any spsalaj --------ani lehos. - YEAR %effTM MIT AMOUNT WE By: 2006 CITY OF FORT WOR 0.00 2006 JPS HEALTH NETWO ON11111111111111IN11111[if11131111111911011111111 2D06 TarrantCounN 0.00 2006 TARRANT COUNTY COLLEGE 0.00 2005 EMERGENCY SERVICE DISTRI 91 37964 D207272631 2005 EMERGENCY SERVICE DISTRIC 1 3D.60 2005 JPS HEALTH NETWORK 1.286.64 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE 2005 JPS HEALTH NETWORK 104.64 OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR 26u5 Tarrani County i.49i.75 RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW, 2005 Tartanl County 121.02 2005 TARRANT COUNTY COLLEGE 63.01 20D5 TARRANT COUNTY COLLEGE 1.90 A /aO 2004 EMERGENCY SERVICE DISTRICT at 1 . CABINET SLIDES 2004 EMERGENCY SERVICE DISTRICT 01 27.46 2004 JPS HEALTH NETWORK 621.18 2004 JPS HEALTH NETWORK 92.3 2D04 Tartan County T1 . 9 20D4 Tarrant County - - --I 06, 2004 TARRANT COUNTY C LEGE 367, 2004 TARRANT COUNTY W%N 1 In G �� /T .67 R \6n,M CITY SECRETAR FT: �'0P THY TX O al site of the City of For Worth, Texas d u� COUNCIL ACTION: Approved on 8/26/2009 DATE: 8/25/2009 REFERENCE **C-23742 LOG NAME: 20ROWEWILLOWRIDGE NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement with Willow Ridge Estates Homeowners Association Located in the James Rightly Survey, Abstract No.1268 and the Henry Robertson Survey, Abstract No.1259 Situated in North Fort Worth at No Cost to the City RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement with Willow Ridge Estates Homeowners Association located in the James Rightly Survey, Abstract No.1268 and the Henry Robertson Survey, Abstract No. 1259 located in north Fort Worth. DISCUSSION: The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of a detention pond by the owner, Willow Ridge Estates Homeowners Association. The maintenance will be performed at no cost to the City. The storm water detention pond will serve Willow Ridge Estates, Phase 1. The facility is necessary to limit storm water run-off generated in the subdivision to pre -developed conditions. The facy is located east of Willow Springs Road and north of Bonds Ranch West. The facility is located in COUNCIL DISTRICT 7, Mapsco 191 . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20�01/V1lV(LLC��Ri QG�_(2).pd� FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest P.E. (7801) Theresa Khammash (6349)