HomeMy WebLinkAboutContract 39859CITY SECRETARY
CONTRACT NO, E II
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of . `,< a,j ,
by and between The Ranches East, L.P., acting by and through its Authorized
Agent, Lost Spurs Development, Inc., hereinafter referred to as "Landowner", and the City
of Fort Worth, hereinafter referred to as "City".
WITNES SETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 2.482 .acre tract located in the H.A. Hawkins Survey, Abstract 1906,
Tarrant County, Texas according to the deed recorded in County Clerk's Document
Number D205311533, 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 B, Lot 1, Block C, and
Lot 1, Block D, Lost Spurs Apartments 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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09l2007
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
Rev. 01l09/2007
2
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
Rev. 01 /09l2007
3
I
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. 01/09l2007
S�
Executed this l day of Jr%, 20L.
GRANTOR
The Ranches East,
a Texas Limited Partnership
By: Lost Spurs Development, Inc.
a Texas Corporation, its General Partner
Donald L. Hudgins, Jr.
President
CITY
City of Fort Worth
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
Assistant bity Attorney
ATTEST
CohtraCt Authorizatiola
Date
OFFiC1AL RECORD
CITY SECRETARY
FT WORTH, TX j
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me onL4AE&gfl/ 2616 by
Fernando Costa, Assistant City Manager of the City of Fort Worths on behalf of the City
of Fort Worth.
QtVA,v PC
TON��, c %NIELS
*e MY COMMi.SSIOM EXPIRES
My i 17, 2013
STATE OF TEXAS
COUNTY OF TARR.ANT
otary Public, State of Texas
_ Before me, the undersigned authority on
this
11
mown
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
� ' ;'that he executed the same as its
and as the act of such Z - v /, an& for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, State of Texas
EXHIBIT "A"
Storm Water Management Facty Property
Being a tract of land situated in the A.H. Hawkins Survey, Abstract No. 1906, Tarrant
County, Texas and being a part of that certain tract of land described as "Tract II" in the
Special Warranty Deed conveyed to The Ranches East, L.P., recorded in County Clerk's
Document Number D205311533, Deed Records, Tarrant County, Texas, and being more
particularly described as follows:
BEGINNING at the southeast corner of Lot 36, Block 12 of The Ranches East Addition,
an addition to the City of Fort Worth, according to the plat recorded in Cabinet A, Slide
11687, Plat Records, Tarrant County, Texas, said point being in the north right-of-way
line of Haslet -Roanoke Road,(30 feet from the centerline);
THENCE North 00°14'04" West, along the east line of said The Ranches East Addition, a
distance of 105.00 feet to a point for corner at the northeast corner of Lot 37R, Block 12
of said The Ranches East Addition, an addition to the City of Fort Worth, according to the
plat recorded in Cabinet A, 12043, Plat Records, Tarrant County, Texas;
THENCE South 89°48'16" West, along the north line of said Lot 37R, a distance of
110.00 feet to the northwest corner of said Lot 37R and being in the east right-of-way line
of Horseshoe Canyon Road (a 50 foot right-of-way);
THENCE North 00°14304" West, departing the north line of said Lot 37R and the east
right-of-way of Horseshoe Canyon Road, a distance of 161.22 feet to a point for corner;
THENCE East, a distance of 350.50 feet to a point for corner;
THENCE South 33°52'27" East, a distance of 325.69 feet to a point for corner;
THENCE South 89°48'16" West, a distance of 420.92 to the POINT OF BEGINNING and
containing 108,103 square feet or 2.482 acres of land, more or less.
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STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev. 01l09/2007
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 12-1nches 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01l09l2007
• 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
E
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
ward
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. 01l09l2007
M&C Review
Page 1 of 2
COUNCIL ACTION: Approved on 1/26/2010
Ofificiai site of the City of tort 4North, Texas
DATE: 1/26/2010 REFERENCE **C-24036 LOG NAME: 20ROWERANCHESEAST
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Storm Water Facility Maintenance Agreement with The
Ranches East, L.P., for Property Located in the A.H. Hawkins Survey North of Haslet
Roanoke Road and West of Ridgetop Road at No Expense to the City of Fort Worth
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to authorize the execution of a
Storm Water Facility Maintenance Agreement with The Ranches East, L.P., for property located in
the A.H. Hawkins Survey, north of Haslet Roanoke Road and west of Ridgetop Road, at no expense
to the City of Fort Worth.
DISCUSSION:
The Ranches East, L.P., is the owner of approximately 5.2 acres of property upon which it will
construct one detention pond facility (DOE No. 6214). The detention pond will serve the Lost Spurs
Apartments Addition. This facility is necessary to limit storm water run-off generated on the property
to pre -development levels. The facility is also limiting the public runoff from Westport Parkway
between Alta Vista Drive and Haslet Road.
The terms of the Maintenance Agreement assure the proper maintenance of one detention pond
facility by The Ranches East, L.P., at no cost to the City. The facility is located north of Haslet
Roanoke Road and west of Ridgetop Road.
The facility is located in COUNCIL DISTRICT 2, Mapsco 8P.
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 b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (8476)
William A. Verkest RE (7801)
Malena Doty (7812)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12940&councildate=l/26/2010 3/8/2010
M&C Review
Page 2 of 2
ATTACHMENTS
20 ROWE RANCHES EAST. pdf
http://apes.cfwnet.org/council�acket/mc review.asp?ID=12940&councildate=l/26/2010 3/8/2010