HomeMy WebLinkAboutContract 45757 (2)DOE #590#
STORM WATER FACILITY
MAINTENANCE AGREEMENT
CJTY SECRETARY,'
CONTRACTNO I cri
THIS AGREEMENT, made and entered into this day of lb ftiose. , 2014,
by and between Hunter Crossroads, LP, a Texas limited partnership, acting by and through
Hunter Crossroads GP, LLC, 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 9.619 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract No.
1131, in Tarrant County, Texas according to the deed recorded in Document No.
D207294400, 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 the Vista Crossroads 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
CILITY MAINTENANCE AGREEMENT
Rem
JUL 1710m
1
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
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:
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 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 reasonably necessary.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
2
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, its successors and assigns, fails to maintain the
Facility in good working condition as specified herein, which failure continues
for fifteen (15) days after issuance of written notice from the City specifying
the alleged failure, the City, its authorized agents and employees, may enter
upon the Facility Property and take whatever steps are reasonably 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 property 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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
3
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES
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 LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO, THE BED AND BANKS OF
THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3)
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA
OR FAILURE TO PERFORM ANY OF ITS OTHER 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, 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 Hunter Crossroads, LP, as Landowner hereunder, shall
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
4
expire and be of no further force and effect upon the transfer by Hunter
Crossroads, LP of legal title to the Property, save and except for any liabilities,
indemnities, and obligations of Hunter Crossroads, LP, as Landowner
hereunder, and are due, payable, and/or performable as of the date of the
transfer and which expressly survive the transfer.
Executed this /Z day of
Landowner
Hunter Crossroads, LP
a Texas limited partnership
[SIGNATURE PAGE FOLLOWS]
Aita 2014.
By: Hunter Crossroads GP, LLC,
a Texas limited liability company
its general partner
By:
Scott Rohrman, Manager
OFFICIAL RECORD
CITY SECRETARY
Pl5FINATIKYILVTY P.AINTENANCE AGREEMENT
City of Fort Worth
By: �Gu+.+..4 L.L.
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
By:
Grant Jor�n
Assistant City Attorney
EST
icidt_ Is
City Secretary
5
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on J7Z77c/ �� 2z' / by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
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EVONIA DANIELS f Texas
Notary Public, State fires
My Commission Ex P
July 10, 201
STATE OF TEXAS
COUNTY OF DALLAS
(Notary Public, State of Texas
Before me, the undersigned authority on thisZ day of
) sJe , 2014, personally appeared Scott Rohrman, 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 Hunter Crossroads, LP, and that he executed the same as
the Manager of Hunter Crossroads GP, LLC, its General Partner and as the act of such
limited partnership and for the purposes and consideration expressed in the foregoing
instrument.
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Notary Public, State of Texas
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
6
EXHIBIT "A"
SEE ATTACHED
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
EXHIBIT "A"
"Storm Water Detention Facility"
0.344 acres of land situated in the M.E.P. & P. R.R. Co. Survey, Abstract No. 1131,
City of Fort Worth Tarrant County, Texas and being a portion of that certain remainder
tract of land described in deed as Tract 1 to Hunter Crossroads, LP, as filed in County
Cleik's No. (C.C.) #D207294400, Deed Records of Tarrant County, Texas (D.R.T.C.T.)
and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", recovered at the west
comer of Lot 6, Block 1, Vista Crossroads Addition an addition to the City of Fort
Worth, Tarrant County, Texas, as filed in C.C. #D213167946, Plat Records of Tarrant
County, Texas, and being in the west line of said Hunter Crossroads tract and also
being in the northeasterly Right -of -Way line of Highway Number 287 (variable width)
and the beginning of a curve to the right whose radius is 2837.82 feet and whose long
chord bears N 44°42'08" W, 149.81 feet and from which a 5/8 inch iron rod with cap
stamped "TNP' , recovered at the north comer of said Lot 6, bears N 37°13'21" E,
266.81 feet;
THENCE along said west line of Hunter Crossroads tract and said easterly R-O-W line
in a northwesterly direction through a central angle of 03 °01'30", an arc length of
149.83 feet to a 5/8 inch iron rod set with cap stamped "TNP";
THENCE N 38°38 02" W, continuing along said line, a distance of 335.32 feet to the
POINT OF BEGINNING of the hereinafter described tract of land;
THENCE N 38°38'02" W, continuing along said line, a distance of 112.78 feet to a 5/8
inch iron rod set with cap stamped "TNP" at the most westerly corner of said Hunter
Crossroads tract
THENCE N 25°17'16' E, continuing along said R-O-W line and said west line of
Hunter Crossroads tract, a distance of 41.40 feet to "X" cut set in concrete at the
southwest comer of a tract of land conveyed to the City of Fort Worth for Avondale
Haslet Road (variable width), as filed in C.C. #D212218782, D.R.T.C.T.;
THENCE N 89°19'32" E, over and across said Hunter Crossroads tract, along the
south line of said City of Forth Worth tract (Avondale Haslet Road), a distance of
170.15 feet;
THENCE S 00°00'00" E, continuing over and across said Hunter Crossroads tract, a
distance of 36.95 feet;
Sheet lof 3
HTR 14056
THENCE S 52°20'56" W, continuing over and across said Hunter Crossroads tract, a
distance of 148.29 feet to the POINT OF BEGINNING and containing 14,998 square
feet or 0.344 of an acre of land.
�1
.14
Theron W. Sims, R.P.L.S.
Texas Registration No. 5887
Date: May 29, 2014
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1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(CORS96) as derived locally from Western Data Systems Continuously
Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average
Combination Factor of 1.00015 was used to scale grid coordinates and distances to surface.
2. Integral parts of this survey:
a. Legal Description & Sketch
Sheet 2 of 3
HTR 11245
NOTES:
1) Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 ( North
Central Zone; NAD83 (CORS96) as derived locally from Western Data Systems Continuously Operating
Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination
Factor of 1.00015 was used to scale grid coordinates and distances to surface.
2) Integral parts of this survey:
a. Legal Description & Sketch
5/8" IR
SET WITH
CAP
STAMPED
"TNP"
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"X" CUT SET
AVONDALE HASLET ROAD
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.:....::. •::.... :170.15..........................................
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N89°19'32"E, 399.89'
N 25' 17' 16"E
41.40
.................. .............. .... STORM WATER:: :••....::...•.:.:.•...........::::::......:...
....................................................
............................................... ......
:..::.:...:DETENTION FACILITY • ••• :::.: :::.::.::.......
0.344
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THERON W. SIMS,.P.1�'�.
TEXAS REGISTRATION NL5887
May 29, 2014
DATE:
EXHIBIT "A"
STORM WATER
DETENTION FACILITY
Situated in the M.E.P & P. R.R. Co. Survey, Abstract No.
1131, City of Fort Worth, Tarrant County, Texas.
\JOB No.
HTR 14056
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229.74'
S00'00'00"E
36.95'
LOT 3, BLK. 1
VISTA CROSSROADS ADD'N.
INST. #D212287516
P.R. T.C.T.
9)r
A=06'09'22"
R=637.00'
L=68.44'
CB=S87'35'48"E
CL=68.41'
CosUtssT.
itit1131
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HUNTER CROSSROADS, LP
INST. #0207294400
D. R. T. C. T.
(REMAINDER OF TRACT I)
5/8" IR SET WITH
CAP STAMPED
"TNP"
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S84'31 '07"E
30.16'
LOT 4, BLK. 1
VISTA CROSSROADS ADD'N.
INST. #0213167946
P. R. T. C. T.
A 5/8" IR
RECOVERED WITH
CAP STAMPED "TNP"
(CONTROL MON.)
A=03'01'30"
R 2837.82'
\<— L=149.83'
CB=N44'42'08'W
CL=149.81'
5/8" IR RECOVERED WITH
CAP STAMPED "TNP"
(CONTROL MON.)
teague nall & perkins
1 100 Macon Street
Fort Worth, Texas 76102
817.336.5773 ph 817.332.7756 fx
www.tnpinc.com
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EXHIBIT
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SEE ATTACHED
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
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I. CONIRAC1VP .MALL PROM( S%r FENCE AND OTHER ENOSOI CONIRO. MEASURES AS NECESSARY
70 PREVENT SEENNfNT ANON' PROB STE
1, CONNACRW WALL copar ICT A STAM MD COYSIRUCP W ENIRANEE /EXIT,
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GRAPHIC SCALE
League nall at perkins
1100 Macon Street
Fort Worth, Texas 76102
817.336.S773 ph 817.336.2613 fx
TBPE Registration No. F-230
www.tnpinc.com
Ibis document is for interim revIew ono Is not
Intended for construction, bidding or permit
purposes.
NIPAJ A. ACHARYA PE. pate. APR 201
Tx Rag N 107110
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SILT FENCE
N.T.S.
City of Fort Worth, Texas
Improvements for Hunt.r Crossroads, LP.
Vista Crossroads
Grading and Layout
Sip pr..d
HTR14056
Sheet
2
3
l
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 Apnl 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. 09/10/2012
9
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
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 -
DATE
REPAIRS REPAIRS
REQUIRED MADE
NOTES
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10/2012
10
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. 09/10/2012
11