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HomeMy WebLinkAboutContract 40935STORM WATLR FACILITY MAINTENANCE AGREEMENT MY SECRETARY/1j 0 CONTRACT NO. THIS AGREEMENT, made and entered into this day of OCialusi \al , abit) , by and between D.R. Horton -Texas, LTD., acting by and through Don Allen, hereinafter referred to as "Landowner", the Tehama Ridge Owners Association. hereinafter referred to as "Association" 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 6.5 acre tract located in the W. McCowan Survey, Abstract 999, Tarrant County, Texas according to the deed recorded in Volume 17143, Page 32, 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 Tehama Ridge Phase 1 C 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 OFFICIAL RECORD CITY SECRETARY STORM WATER FACILI MAINTENANCE AGREEMENT Rev. 01/09//2007 „ , p 1 1 0--12- "I 0 A 1 1 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 ten us 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, indemnities and obligations of D.R. Horton -Texas, LTD. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09112007 4 to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of 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 I S441\day of .��J 2016. Landowner D.R. H -Texas, LTD. Name: Don Alien Title: Director of Land Acquisitions TcdnnInn n D An -a %:rzmnrc' A rrnn;of; nrt-, 1 1.,11U.111“, 1V.1/4.15L V VV116r10 1 10Jl %.. CAA-IA/11. Name`: `vatoki°952. Title: Sk,(1401\% contract Authorization tC(sllc, Date ... �. -., OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City City of Fo .Worth \ Fernando Costa rot Assistant City Manager 10 Approved as to Form and Legality 4 ki (v 1) 1\ V l '\ �V V y. !J Assistant ity Attorney ATTEST imv\, City Secretary eNir OA? 14 y _ °0ooaa0°4�,�' x4ttirbt Mkt STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 5 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on 0e-&cber 9; 2olC) by e4JI iC� cazad c Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. • ►:.`/ON!A DANI .' flHMISSION E P nt:^ gilt/ 10, 2013 STATE OF TEXAS COUNTY OF TARRANT telt -tt �(1 iblrx2f.ed Notary F _ur�,�,,,,1.� ���� •� ti �Y ��--fi, EVONIA DANIELS . •�`= MY COMMISSION EXPIRES ow - July 10, 2013 4111110 fi Before me, the undersigned authority 2008„ThO•V G _ on this ‘f7 personally - day of appeared 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 7) . k Flo tic ii 1 eK45 Ltd , and that he executed the same as its fi)s4. 3eC►relary and as the act of such 1k5/r �ec"eb'yand for the purposes and consideration expressed in the foregoing instrument. :bye seiz— RI. 0 Ili4... . , LI SA S. ALLE N MY COMMISSION EXPIRES Mardi 19, 2013 r .4. • STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas This instrument wa _acknowledged before me on �1 0,0E) alX0/Did by, ,% u(�� /� . 0/3 Ndekp l2 ,authorized representative, acting on behalf of the Tehama Ridge Owners Association. •ot • 1:;,.*„4-et4;p t USA S. ALIEN MY COMMISSION EXPIRES Mach 19, 2013 a • • a._1i ath, Notary Public, State of Texas STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 6 EXHIBIT "A" See attached Final Plat of Tehama Ridge Phase 1 C. Lot 25X, Block 18 of the W. McCowen Survey, Abstract Number 999. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 Page 1 of l City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2010 DATE: Tuesday, October 05, 2010 LOG NAME: 20ROWE 6336TEHAMA RIDGE SUBJECT: REFERENCE NO.: **C-24513 Authorize a Storm Water Facility Maintenance Agreement with D.R. Horton -Texas, LLC, and the Tehama Ridge Owners Association for Property Located East of Harmon Road and North of Heritage Trace Parkway at No Expense to the City (COUNCIL DISTRICT 2) RECOMMENDATION. It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with D R. Horton -Texas, LLC, and the Tehama Ridge Owners Association for property located east of Harmon Road and north of Heritage Trace Parkway at no expense to the City. DISCUSSION: D.R. Horton -Texas, LLC, is the owner of a 6.5 acre tract of land upon which it will construct a storm water facility The facility is necessary to limit storm water run-off generated on the property to pre -developed conditions and to reduce the possibility of flooding downstream in the watershed. The terms of the Maintenance Agreement will ensure proper maintenance of the facility by D.R. Horton - Texas, LLC, and later the Tehama Ridge Owners Association, at no cost to the City. The facility is located east of Harmon Road and north of Heritage Trace Parkway. The facility is located in COUNCIL DISTRICT 2, Mapsco 21S. 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 FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manaaer's Office by: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) William Verkest (7801) Deanna Cody (8379) ATTACHMENTS 1. 20ROWE6336TEHAMARIDGE M&C MAP.ndf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13990&print=true&DocType=Print 10/5/2010 MAYOR AND COUNCIL COMMUNICATION MAP 20ROWE6336TEHAMARIDGE s. ofz BENT z OAK \_<CRD N— UAKb I 1 BONDS RANCH PERMANENT STORM WATER FACILITY DETENTION POND 1.627 AC tie c ,S,w 102550 100 8 QS. k2k ■t. DETAIL OF PROJECT LOCATION QUAIL— GROV E REA LO AK HARMON A r RECEDA S 0 WZ J"O m- 2- BASSWOOD z a 1 PRESIDIO VISTA \�Z _ v18 C0 c9 TARRANT I 2 JOSH 0 HERITAGE TRACE c TARRANT g w 2 cc O' i i y —� BASSWOO 0 5001000 2000 I ye limn limo II I 1 s� 3000 4000 Ft DOE# 6336 10550 HARMON RD TEHAMA RIDGE PHASE 1 C BLOCK 18, LOT 25X