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HomeMy WebLinkAboutContract 43395 (2)CITY SECRETARY CONTRACT NO., • •I•1 I • et POINSCII••• as. �/33�" STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day ofZol 4-by � 1 and between Montserrat Properties, LLC, hereinafter referred to as "Landowner", the Montserrat Homeowners Association, Inc., 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 0.5 acre tract located in the J.F. Elliott Survey, Abstract 493, Tarrant County, Texas according to the deed recorded in Cabinet A, Slide 12795, 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 Montserrat Subdivision 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/12007 07-13-12 P03: 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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, have constructed and shall adequately maintain the onasite 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 Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to followaup 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 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, after providing the Association with 20 days prior notice and an opportunity to correct any deficiencies in maintenance, 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 Ils expressly understood and agreed that the City is under no obligation to routinely maintain orr repair said Facility, and in no event shall this Agree tr ent 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 after providing the notice required in paragraph 4 hereof, 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 O T"ERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE AND DOES HEREBY INDEMNIFY HOL HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS 0 !' CAUSES OF ACTION STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 WEE k' II'SO V R ARMING, ING9 OR WHICH MIGHT ARI[SE9 FROM TH IK +1 FAILURE { OJ1 OWNER R OR ANY FUTURE +" OWNERS O ;{ THE A IIOVTE FAC II 'MTV PROPERTY TO MAkN T MI THE BED AND BANKS OF THE H E DI TirriNtIt'JlON POND IN ACCORDANCE 'HEREWITH, OR AS A RESULT SULT OF ANY D &MAGKS CCAUSIII,D TO PK+:11SON OR PROPERTY DUE T(1) tF LOO NG OF THE POND AND ITS BAN . ;L S9 (2) SI ,J]PE E OF THE BANK OF THE 1} T IIc JPOND9 AND (3) AND 1 AI[ AIR1 OF T i L POND & ND ITS ANK TO OP1 RtATE IN A MANNER CONSISTENT WITH CITY OF I++C RT WORTH CRITERIA_ ERIA_ TO PL ANY 01141 ITS DUTIES OR LIGA T JIONS H ;R ER;UN ! ER0 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 the Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by Landowner to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of $ 0 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 Executed this day of ebWvAysli 2011 , Landowner Montserrat Properties, LL C By: Name: Title: A/41-9 Z. ar, Aenos, Lte Montserrat Homeowners Association, Inc. By: -‘9 Name: 5-1\yvt7L-i- Title: Prv•tC; STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Attorney ATTEST City Secretary OFFICIAL RECORD cllyir r7P-77P,LP(7n tr t1 n ! IU J f'li trill r, ui asttaf F - \Paco 000c-ci) ,N,h(do JLj ie tutMom•• 5 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on (c2 2012, by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth w .Q"/ / MY COMMISSION EXPIRES r February 22014 intioo STATE OF TEXAS COUNTY OF TARRANT Urlacc [kUicit Notary Public, State of Texas ERNETTE AND oATexas E Notary Public, State My Commission Expires March 07, 2012 ,. r,.5.4- Before me, the undersigned authority on this D-C-41'-- day of 9 2012, personally appeared a eared .b C: or ( L-51 read Tnown 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 Montserrat Properties, LLC, and that he executed the same as its %—t*c�,-�-�-ts,7, n - ,- -nt .and as the act of such company and for the purposes and consideration expressed in the foregoing instrument. STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas ERNETTE ANDRAE Notary Public, State of Texas My Commission Expires March 07, 2012 A,, it I.i.i J.a1e.r ..y.,,.... ail .._.. 1+-....r .4-L.. i... j _ �i� . Z a --CThis instrument was acknowledged before me 0n L2012 by, ri‘h (_,_ , authorized representative, acting on behalf of the Montserrat Homeowners Association, Inc. Notary Public, State of Texas STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 6 EXHIBIT "A" INSERT LEGAL DESCRIPTION Lot CR-3 Block 6 Montserrat STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 MOP PRIVATE GREEN SPACE MONTSERRAT CAB. A, SLIDE NO. 9655 D.R.T.C.T. 23 22 TG ZACHARY 21 ' j.F. ELLIOTT CAB. A - SLIDE 11550 P.R.,T.C.,T. *O' CR-� 0.495 AC OPEN SPACE 9 I 1 1 10 20 BLOCK 1 MONTSERRAT CAB. A, SLIDE N0.9237-9238 D.R.,T.C.,T. CITY OF FORT WORTH EAST 802.08' 19 18 m 0 \11 13 h^' A •02° 46'54" R•2082.20' L•100.12' T •50.07' L.C.4N79° 42'51"w 100.11' V 15.38 10' UTILITY EASEMENT ' I D • 207195255 1 I SURVEY Leaf D.R.T.C.T. BLOCK 6 c-1 CR-1 6274 AC SB9.4.29"E r 47.66' AD 1/2" IRF MONTSERRAT West Fort Worth Estates EXHIBIT "A" SHOWING LOT CR-3, BLOCK 6 AS RECORDED IN CABINET OF PLAT RECORDS, TARRANT COUNTY, TEXAS. DRAWN BY:EK DATE: 01-17-12 DON. NO.:051262 APPROVED BY: EK REVISED: 01-17-12 \ \ 05 4 co \0-0 Scale 1" = 200' cry: \ u) o\ci 7.4 CI 5Peo� 215.00 TxDOT MONUMENT FND --, SLIDE NO. ---- A.N.A. CONSULTANTS, L L C. CONSULTANTS, L.L.C. SURVEYORS PLANNERS Corporate Office: 1331 Airport Freeway, Suite 410 Euless, Texas 76040 Office: (817) 335-9900 Fax: (817) 335-9955 \ \ \ SHT.NO.: 1 OF 1 • • REVISED-Replatl 1-23-11.dgn 1/23/2012 9:16:19 AM n1Ili 1i i L Illil 0 7g 0 zz°Bu/i,[p H II1 1 44 CCo4 a[f[Cr 121 000-j frz PT 576.1.49..62 • 0g. 2.97 70 w21w zoo CIZ az- o9' 1.3• 6043 Wain • az mua • 7/ '£ =a3mm z zit] lazy wJ 4 0/4 12 ° its 5..d dved� y • a 7'"71113 F"77911'1P1' Q 4. 41 H 41 ri 4-4 it 71 Fr INN 01 pis • 7y 11 Ir ri 11C- 7.4 rl MI :s'NMI NN O t0 n. ta o in n3 I v .Up �(ti I ;ao Ii,YI oo=,1 ><W 1ore O me EMI; y our WM91B1II ilir!tmiL1. Il e m i Rai 'mirror yrNimIg t 1 1 ca tIIII 0 IN ;II ill 1 0 r EE A P N a 0 0 4 STA. U.36.03 SO STA 0.00LII CONST STD4'SI LENE 'J.6'• - E SD M)1 V Ai LINE 3T-A a3 47 SD LINE ' CONSST. 5 D. 3 " HEADWAL 36",Ft. EL.- 745.74.= NOTE: RADI AL PIPE SHALL BE USED THROUGH ALL CURVED ALIGNMENTS. E NTS AND BEFULLYLGGROUTED ruST 8E DSLANDI CAVE -I GAPS BY MATERIAL WASHOUT INTO THE STORM ORA1 N. NUMBER DELTA 31' 51'14" 08' 04.12" 41' 35'59" SD CURVE DMA RADIUS 100 O' 2022.20' 175 0' LENGTH 55.59 284.82 27.06' TANGENT 2854' 142.65' 66.56' or CONST 10'CJRR Rii(FT JO'L1_SSI R6tot 3I A,164 39.51 SY. 0.34:2! SD LINE -_ T/C EL 7:'1.38 FL EL.• 747 70 � I PROW 16" WL OI Cif fl4TSE &RAT PN9SE71;'-BLG.Cf.' 6 '755 a TEAM &ANCIV ROAD OO LINE 'P-7: _..- UNDEVELOPED LAND DEBORAH JOHNSON RYAN 5250 W. LOOP 820 S JAMES F. ELLIOTT SURVEY ABST. 493, TRS 1E2 6 2M 4811 KELSEY RD. DALLAS. TEXAS 75229 SD P-7 , J-6 co o. _fF FL-756.20 4 D - 15 EASE FT FL-756.20 11 - STA 5.48.01 END SD LINE 'P-7' MLAUWALL 24" FL. EtV• 749.51 N F`FL•756.20 N � N , lass +r.�H ASS raz f�i 760 750 740 730 -3 N_ 1� NOTri TIC CONTRACTOR TWAT CONTACT TSC FOLLONINC AI LEAST FORT NORTH RAMA DCPARTuCNT IRV CAS CLCCINC FORT NORTH 4TION/PUDI0 WORKS FOR OTHER /scums 8M NO-1 BM NO 2 2441-5538 87115100 PROJECT BENCHMARKS ON LOOP 820 IJIM WRIGHT FREEWAY) BRIDGE OOF THE WEST BRIDGE K ON NTSOUTH BW OUNDER E ON TOP OF THE WEST GUARD RAIL ELEVATION 697.922 ON LONGVUE AND MARYS CREEK BRIDGE TOP OE THE EAST GUARD FAIL ELEVATION• 700.654 0 0 40 80 120 SET irommok GRAPHIC SCALE IN FEET ¢_r 1 • ---'i PROFILE SCALES' 4, - -� 1 - 40' HORZ. 1" - 4 VERT. issism ETEWIrrifiTS ISEIREIENEETEBE 0a� — _liffinIMMIBMINNENNE .. _ �eatt;-LI•,s 964' 35 pl'ti,�r Aeem - -- . - n .A ice! _--__ - - _ -_ _ ---- ennemnirtimrarrmill Maar _- - _ ZssEsasses�� Mass€NE AasfailiMin ems:. somprernotsuntarli MEGINIES - __ _-__mosinagAmewigaragingunkiatimeguiggswiegunsionis �.awr�uw�1 - • 1 EMSffilinigagraidmintamommaillEnnigniztim ._. - 1 ,-- INIEMBEffiglin saiia:moo=�=:r�_= >�oo � ass==�= EliBEEMMOMMEME �� a ®ainifinffliMMEMEMBEUMEWEINga mcnm — — I.a_T ®iledr i��� =-+_---:.. witsalbe Esc a .. _...NOWEEMPAMIEME --�'_®ice"�scrr __ -,. gi MUM 0 Copyright 2006 by A N. A Con:Wtontz. L L C /00 A00 MenintatirlairailineefilriMEHMEMS rim_ ginIE 3.0D 4:00 ELI -3 EN FulasuliblimM • 740 730 MONTSERRAT Won Fo.Worth £,I2In SD P-7, J-6 760 750 CITY OF FORT WORTH. TEAS TRANSPORTATION AND PUBLIC WORKS DEPT. ENGINEERINGDIVISION SUS REV. DESIGNED' DEN DRAWN CAOD CHECREDl OFN REC I DATE NIC 2006 O0E NO 1467 SHEET 51 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 Rev. 01/09//2007 8 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted 1 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 REPAIRS REQUIRED MADE NOTES STORM WATER FACILITY MAINTENANCE AGREEMENT 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 Rev. 01/09//2007 M&C Review Page 1 of l cTiiQ ill 4.\\ COUNCIL ACTION: Approved on 7/10/2012 DATE: 7/10/2012 REFERENCE ,A!' o ■ V o : Official site of the City of Fort Worth, Texas FORT W() RT 11 --amNiverre- **C-25691 LOG NAME: 20ROWE5804MONTSERRAT ©E: C TYPE: CONSENT PUBLIC NO C© HEARING: SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with Montserrat Properties, LLC, for Property Located in the J. F. Elliott Survey, Abstract 493, Tract CR-3 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance Agreement with Montserrat Properties, LLC, for property located in the J. F. Elliott Survey, Abstract 493, Tract CR-3, at no expense to the City. DISCUSSION: Montserrat Properties, LLC, is the owner of a 7.97 acre tract of land upon which 0.495 acres will be used to construct a detention pond. The facility is being constructed to limit stormwater runoff from the property to predevelopment levels. The detention pond will be located in the J. F. Elliott Survey, Abstract No. 493, Tract CR-3, north of Team Ranch Road and west of West Loop 820 South. The terms of the maintenance Agreement ensure proper maintenance of the facility by Montserrat Properties, LLC, at no cost to the City. The facility is located in COUNCIL DISTRICT 3, Mapsco 72Z. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Theresa Khammash (6349) ATTACHMENTS 5804-20ROWE5804MONTSERRAT. adf http://apps.cfwnet.org/council packet/mc_review.asp?ID=16926&councildate=7/10/2012 7/11/2012 MAYOI;�,NU CCLJNC ICOMMUN MAC 24C IR(ri)WE5804Mf)r"SEFifhA'u' Copyright 2011 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of sa'd data. LU < C.) Q 5 CYPRESS H LLS ENSENADA TUSTIN DAWSON CHAPIN 2 0 >- OLD WEATHERFORD MEADOW GM E 0 DALLAM 0 z w BROOKLAND KENWOOD 0 O SHADY SANTA CLARA SANTA MONICA -o SANTA PAULA >i PALO PINTO OD r. CHAPEL CRC K C -IAPEL OAK RICHLAND CHAPEL GLEN CHAPEL HILL OPEN SPACE VARIABLE WIDTH DRAINAGE EASEMENT 0.495 Acres 0 100 p 200 400 1 Ft O 1 0 0 co 0 0 —J NORMA! !DALE O i2 sNO�N PO�� GHAMITA LAS VEGAS IH 30 WB w PPLMP z D � z @ill S,94/ tido°'Q�0Fctio��sos sop 111/ 41/0 CAMP) L, OWIE WEST CHAR' 1 1 BELLA TERRA 0 w J MARBELLA TEAM RANCH 0 AVRIL �-o 9 AVRIL J w wct -� 1000 2000 a GUADALUPE C U -0 z 4000 6 , • t DETAIL OF PROJECT LOCATION e DOE# 5804 LOT CR-3, BLOCK 6 MONTSERRAT ADDITION