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HomeMy WebLinkAboutContract 40322STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this It day of , b , by and between First Trace Capital Funding LLC, acting by and through it authorized representative, Jeff Reinhard, 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 5.760 acre tract located in the William M. Bostick Survey, Abstract No. 210, 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 Lot 1, Block 1, Cantex Addition, 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 attached Exhibit "A" ("Facility Property"); and 'OFFICIAL RECORD CITY SECRETARY r T. (NORTH; TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 06-15-10 P12:00 1N 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 assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 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, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 01 /09/2007 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 /09l2007 Executed this day of 20_LO Landowner First Trace Capital Funding, LLC a Delaware Limited Liability Company Authorized Representative W � ood0000Q ca r�c° 0 �a �a C} a a r o��ot�fiQO City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality k�A J�. V Assistant ` ity Attorney ATTEST Contract Authorization O Date OFFICIAL RECORD CITY SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 01 /09/2007 STATE OF TEXAS § COUNTY OF TARRAN T § This instrument was acknowledged before me on Fernando Costa, Assistant City Manager of the City of Fort of Fort Worth. f� EVONIA nANIELS MY 001AMISSION EXPIRES Jury 10, 2013 STATE OF TEXAS § COUNTY OF TARRANT § e,-� 1 t d-C) (C) by orth, on behalf of the City Public, State of Texas Before me, the undersigned authority on this � k� day of 20/0 personally appeared Jeff Reinhard, 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 First Trace Capital Funding, LLC, and that he executed the same as its authorized representative and as the act of such limited liability company and for the purposes and consideration expressed in the foregoing instrument. ,1lIDY KAY RUSSEI,L Notary Public State of Texas Comm, Expires 03-10-2013 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 01 /09/2007 EXHIBIT "A" SHEET 1 OF 2 DETENTION POND BEING that certain lot, tract, or parcel of land located in the William M. Bostick Survey, Abstract No. 210, in the City of Fort Worth, Tarrant County, Texas, and being part of Lot 1, Block 1, of the Cantex Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to Final Plat recorded in Cabinet A, Slide 12813, of the Plat Records of Tarrant County, Texas (PRTCT), subject tract being more particularly described as follows; BEGINNING at a point located on the westerly line of said Lot 1, Block 1, Cantex Addition, from which a 1/2 inch iron rod with plastic cap stamped "DiSciullo & Terry" found at the northwest corner of Lot 1, Block 1, Cantex Addition bears North 27°46'01" East, a distance of 20.00 feet, said iron rod also being located on the southwesterly right-of-way line of Heritage Trace Parkway (called 130 foot R.O.W.), said POINT OF BEGINNING also being the beginning of a non -tangent curve to the right; THENCE with said curve being 20 feet southwest of and parallel to the southwesterly right-of-way line of Heritage Trace Parkway, and with the southwest line of a 20 foot Utility Easement as shown on the Cantex Addition plat, said curve having a central angle of 11°28'37", a radius of 1315.00 feet, a tangent length of 132.15 feet, a chord which bears South 56°29'41" East, a chord distance of 262.97 feet, for an arc distance of 263.41 feet to the end of said curve, a point for corner; THENCE South 39014'38" West, leaving said southwest line of the 20 foot Utility Easement, a distance of 36.62 feet to a point for corner, said point being the beginning of a non -tangent curve to the left; THENCE with said curve having a central angle of 45°17'26", a radius of 312.00 feet, a tangent length of 130.16 feet, a chord which bears North 89010127" West, a chord distance of 240.26 feet, for an arc distance of 246.63 feet to the end of said curve, a point for corner; THENCE North 62°13'59" West, a distance of 40.18 feet to a point for corner, said point being located on the aforementioned westerly line of Lot 1, Block 1, Cantex Addition, from which a 1/2 inch iron rod with plastic cap stamped "DiSciullo & Terry" found bears South 27046101" West, a distance of 83.72 feet; THENCE North 27°46'01" East, with said westerly line of Lot 1, Block 1, Cantex Addition, a distance of 171.04 feet to the POINT OF BEGINNING of herein described tract, containing 26,003 square feet, or 0.597 acres of land. The bearings shown and recited hereon are referenced to the monumented most westerly line of Lot 1, Block 1, of the Primrose School Addition, an addition to the City of Fort Worth according to plat recorded in Cabinet Al Slide 9182, PRTCT (N 00036' 29" E) . o- ° .J y f - (REMAINDER) / HILLWOOD ALLIANCE RESIDENTIAL LP � (FORMERLY HILLWOOD/2500, LTD.) 9 TQ40yC47,, VOL. 9409, PG. 1403 DRTCT �\ ` ` N�\BLOCK 95 �PK" NAIL FND. HERITAGE ADDITION CAB. A, SLIDE 10319 PRTCT pF PqR \ `�jT 8 \ (94,56 \Cj RlAj \ F , oW~ N27446'01"E CIRF (D&T) \ 1. �' m / 20.00' POINT OF' \ ` 0°�/G BEGINNING �\ f 9 9TF N 25' x 25' DRAINAGE l� SC/�F �Fi1'S ESM7 (NO RECORDING ;TS: �S INFORMATION FOUND) ea :: C� BUi/ Ccy ` 2994,�A,o 0 ..... A ��::::::.. 5 m V U W W Z u P a- f� \ � J SCALE: 1 "=100'CL o CL .s CL 1< 10 Q N N62'13'59"W D = 45'17'26' D = 11*28'37 \ 40.18' R = 312.00' R = 1315.00 SG�zq)o /o, \ T = 130.16' T = 132.15' F� FS Po, \ (REMAINDER) a L = 246.63' L = 263.41 "Acy� TRACT 5 DETENTION POND CH = N89'10'27W CH = S56'29 41 E s�j HILLWOOD/2500, LTD. CL = 240.26' CL = 262.97 S39'14'38"W �� ���t/p�F�� (HILLWOOD ALLIANCE 36.62' S4949'07"'N SQy s 9/e RESIDENTIAL, L.P.) 30AW o VOL. 9409, PG. 1403 DRTCT ' M N uZ� �9 , M W MCr 0 t)s. AcgB BGi LOT 1, BLOCK 1 N CANTEX ADDITION w a U o CAB. A, SLIDE 12813 PRTCT co �Ud ' O O J•I�✓1NK D, N`ICF¢CJL S Z Z o gg y W po Q Q Q YN z z J U C Q U smut w m N m 3 MI> z L (DEED S89'23'31"E) z N89'23'19'W 848.87' TO 5/8" ( J I J i CIRF (C&B) ON CALLED EAST 3 ;, R.O.W. LINE OF NORTH BEACH 000STREET (CALLED 120' R.O.W.) 20' BUILDING SET -BACK LINE CAB. A, SLIDE 12813 PRTCT _ eo (PLAT N89'23'31"14 L _ _ _ CIRF (D&T) Ngg 23'1914 478.00' 463.00') _ IRF IRON ROD FOUND LEGEND JOSEPH P. DELANEY, BISHOP EXHIBIT „A„ (SHEET 2 OF 2) CIRF CAPPED IRON ROD FOUND OF THE CATHOLIC DIOCESE D&T) CAP STAMPED "DISCIULLO & TERRY" OF FORT WORTH DETENTION POND (C&B) CAP STAMPED "CARTER & BURGESS" VOL. 14144, PG. 504 DRTCT 26,003 SQ. FT. / 0.597 ACRE TRACT ESM'T EASEMENT DRTCT DEED RECORDS OF TARRANT WILLIAM M. BOSTICK SURVEY ABSTRACT NO. 210 COUNTY, TEXAS CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PRTCT N PLAT RECORDS OF TARRANT DATE: MARCH 2O10 FILE: P:\GHLA CANTEX HERITAGE TRACE\CANTEX HT DETPOND-ESMT COUNTY, TEXAS STA DI SCIULLO—TERRY, STANTON & ASSOCIATES, INC. The bearings shown and recited hereon are referenced to the ENGINEERING AND SURVEYING monuSchool Addintedtion, most westerly line of Lot 1, Block 1, Worth the Primrose 4014 WEST ABRAM STREET * P.O. BOX 506 * ARLINGTON, TEXAS 76010 * 817-275-3361 School Addition, an addition to the City of Fort Worth according to plat recorded in Cabinet A, Slide 9182, PRTCT (N 00`36'29" E). © DISCIULLO & TERRY, INC. 2010 EN EX T( X TC / 73o D3 IsaQ / D( TC %98 n qqq ot nzn , / IX TC 721.60 61 726 83 / ;lx TcT / IT 730.61 7200 BW 724.0 TW� ( A 721.4 j 723.0 if 112 BW1a BW \I 724.7W I 723.0 7W 721.5 BW BLOCK CANTEX ADDITION \ (4600 HERITAGE TRACE PARKWAY) LEGEND 700.00 PROPOSED TOP OF CURB ELEVATION 700.00 PROPOSED TOP OF PAVEMENT/SIDEWALK ELEVATION FG PROPOSED FINAL GRADE ELEVATION AFTER SOD EX TC EXISTING TOP OF CURB EXISTING EX T.O.P. EXISTING TOP OF PAVEMENT ELEVATION N6 EXISTING NATURAL GROUND ELEVATION E.O.A. EXISTING EDGE OF ASPHALT ELEVATION TW TOP OF WALL 3270 BENCH MARKS BM No. 1 (Set): Square cut on the Southwest corner of a Transformer pad located on the South side of Heritage Trace Pkwy and 55' West of the West driveway to the Primrose School, also being the Northeast corner of this site. ELEVATION: 733.63 BM No. 2 (Set): uare Cut on the Northwest corner of a Electric Manhole on the South side of Heritage Trace Pkwy. and 75 feet West of the Northwest corner of this site. ELEVATION: 720.23 Sq T F, * ............ ANTON CENSEO ANAL E� :!►� 1 ►ok . TRUE NORTH 0 30 60 120 `JM/14& Yea% Jqn yed SCALE: 1 "=60' EXHIBIT 'B' DETENTION POND GRADING PLAN THE HARRISON RESIDENTIAL HEALTH SERVICES FORT WORTH, TARRANT COUNTY, TEXAS S�A DI SCIULLO-TERRY, STANTON & ASSOC , INC. ENGINEERING AND SURVEYING BW FINISHED GRADE AT BOTTOM OF WALL 401-A WEST ABRAM STREET * ARLINGTON, TEXAS 76010 (817) 275-3361 ESTABLISHED 1953 FIRM NUMBER F-615 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 Rev. 01 /09/2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION 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 9 Rev. 01 /09/2007 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 � Q Rev. 01 /09/2007 Page 1 of 1 M&C Review r, FP Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 6/8/2010 _ a_.w -- �._ ��m DATE: 6/8/2010 REFERENCE **C-24246 LOG NAME: 20ROWEFIRSTTRACE NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement with First Trace Capital Funding, LLC, Located on Lot 1, Block 1, of the Cantex Addition, Situated South of Heritage Trace Parkway and East of North Beach Street in North Fort Worth at No Cost to the City (COUNCIL DISTRICT 2) - .._ �_�..s. RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement with First Trace Capital Funding, LLC, located on Lot 1, Block 1, of the Cantex Addition, situated south of Heritage Trace Parkway and east of North Beach Street in north Fort Worth at no cost to the City. DISCUSSION: First Trace Capital Funding, LLC, will construct a storm water detention pond that will serve the Cantex Addition located south of Heritage Trace Parkway and east of North Beach Street. This facility is necessary to limit storm water run-off generated on the property to pre -development levels. The maintenance will be performed at no cost to the City. The facility is located in COUNCIL DISTRICT 2, Mapsco 22X. 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 20ROWEFIRSTTRACEA. pdf FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest P.E. (7801) Theresa Khammash (6349) http://www.fortworthgov.org/council�acket/mc review.asp?ID=13523&councildate=6/8/2010 6/10/2010