HomeMy WebLinkAboutContract 45210 (2)DOE ## 7039
STORM WATER FACILITY
MAINTENANCE AGREEMENT
t-Wifir EC [i 41 .411"
CONTiellgt WOO qc Z °
THIS AGREEMENT, made and entered into this day of December 10, 2013, by
and between Steadman Farms, LLC, acting by and through their duly authorized officers,
hereinafter referred to as "Landowner", the Steadman Farms Homeowners Association,
hereinafter referred to as "Association" and the City of Fort Worth, hereinafter referred to
as "City".
W ITNE S S ETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 3.500 acre tract located in the Jose Chirino Survey, Abstract 265, Tarrant
County, Texas according to the deed recorded Document Number D213146769, 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 Grading Plan -Timberland Detention
Pond -West 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 atthchsL.
Exhibit "A" ("Facility Property"); and
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/10//2012
RECEIVED REC 1 is 2013
s
OFFICIAL RECORD
p'ii'iY SECRETARY
11414 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, 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. 09/10//2012
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 as specified herein, 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 oblieation 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. 09/10//2012
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 LANDOWNER OR ANY
FUTURE OWNERS OF THE FACILITITY 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
OTHER 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, 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 STEADMAN FARMS, LLC, as Landowner hereunder shall
expire and be of no further force or effect upon the transfer ("Transfer") by
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/1 0//201 2
STEADMAN FARMS, LLC to the Association of legal title to the Facility
Property, save and except for any liabilities, indemnities and obligations of
STEADMAN FARMS, LLC 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 day ofditte- 20/.
Landowner
Steadman Farms, LLC
a Texas Limited Liability Company
By: Hanover ervices Group, Inc.
a Tex a c• porion, its manager
i
,4'lLer.„e„'t
Name: Walter Damon
Title: Vice President
Homeowners Association
Name: G
Title:
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/1 0//201 2
City of Fort Worth
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
[Mk 2_45.40
I 10 t3
Assistant City Attorney
ATTEST
•
City Secre
OFFICIAL. RECORD
f-311t:vC SECRETAkY
IFT.1NaR'TH+TX
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before met,or�. �W%JG/' /? ZQ? by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
A011II,40,
{}RY PV9 '
-2• ••
•
- •
• _
EVONIA DANIELS
Notary Public, State of texas
My Commission Expires
July 10, 2017
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
Befo
§
me, the undersigned authority
+ter 1XtPOfl 20��
on this day of
personally appeared
to me to be the person whose name is subscribed to the foregoing
known
instrument and
acknowledged to me that the same is the act of
• � • • fl'Ylfl 4-Qjrn3 LLC, and that he executed the same as its
V.
%6e.Ks,�LL' l and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
STATE OF TEXAS
COUNTY OF TARRANT
Thi
umn�tw� 4ckr}pwled
---FDUI
§
§
Notary Public, State of Texas
-w .__stir,a_ a t ..s _.—., r...F
TAMI M MURPHY
My Commission Expires
October 3, 2016
•
ed before me on JLtne ()NS .egOla by,
authorized representative, acting on behalf of the
Homeowners Association.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 09/1 011201 2
1UM i M nnlA&Oh
Notary Public, State of Texas
TAMI M MURPHY
My Commission Expires
October 3, 2016
6
•
EXHIBIT A
STORM WATER FACILITY
MAINTENANCE AGREEMENT
CITY OF FORT WORTH
SHEET 1 OF 2
BEING a parcel of land located in the City of Fort Worth, Tarrant County, Texas, a part of
the Jose Chirino Survey, Abstract No. 265, and being part of a called 3.500 acre tract of
land described in deed to Steadman Farms, LLC as recorded in Document Number
D213146769, Tarrant County Deed Records, and being further described as follows:
BEGINNING at a one—half inch iron rod found at the southwest corner of said 3.500 acre
tract of land, said point being in the existing east right—of—way line of Park Vista
Boulevard (an existing 55 foot wide right—of—way, a proposed 110 foot wide right—of—way);
THENCE North 00 degrees 22 minutes 59 seconds East, 110.00 feet to a point for corner;
THENCE South 89 degrees 14 minutes 44 seconds East, 307.02 feet to a point for corner
in the east line of said 3.500 acre tract of land, said point being in the west line of Lot
1X, Block 7 of Timberland Phase 1A Addition, an addition to the City of Fort Worth as
recorded in Cabinet A, Slide 10591, Tarrant County Plat Records to;
THENCE South 09 degrees 18 minutes 45 seconds East, 111.72 feet along the east line of
said 3.500 acre tract of land and along the west line of said Lot 1X to a one—half inch
iron rod found at the southeast corner of said 3.500 acre tract of land, said point being
the northeast corner of Lot 20X, Block 1 of said Timberland Phase 1A Addition;
THENCE North 89 degrees 14 minutes 44 seconds West, 325.83 feet along the south line
of said 3.500 acre tract of land and along the north line of said Lot 20X to the POINT OF
BEGINNING and containing 34,807 square feet or 0.799 of an acre of land.
BASIS OF BEARINGS: The Bearings shown hereon are based on the bearings shown on the
Timberland Phase II —A Addition, an addition to the City of Fort Worth as recorded in
Cabinet A, Slide 11816, Tarrant County Plat Records.
SCALE:
1 "=100'
DATE
06-13-13
DRAWN
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PROJECT
HPC085
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16301 QUORUM DRIVE, SUITE 200B
ADDISON, TEXAS 75001
PARTNERS'
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EXHIBIT A
STORM WATER FACILITY
MAINTENANCE AGREEMENT
CITY OF FORT WORTH
SHEET 2 OF 2
P.O.B.
1/2"IRF
14
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JUNE 13,
CALLED: 3.500 ACRE
STEADMAN FARMS, LLC.
CC# D213146769
S89°14'44"E
307.02'
N89°14'44"W
325.83'
LOT 20X, BLOCK 1
TIMBERLAND PHASE 1A ADDITION
CAB. A, SLIDE 10591
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3. RAVISE
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16301 QUORUM DRIVE, SUITE 200B
ADDISON, TEXAS 75001
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WTI FAC— MAIN— AGREEv1ENT.dwg
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BENCHMARKS
1. City of Kollar GPS monument number 3 located In the coat lino
of Valley Ridge Dbvo appmgmetoly 200-ft south of Mt GIIOad Rd,
Elevotl t a 740.65
2. Square cut In comer o/ Inlet lowtod In the north line of
Ttnbedand Blvd approximately Soar want of Harvest Grove Or.
Elevotbn"714/31
34 Tartan County W.PA brow cap located at mo northeast awned
of conmvm headwall located In the north Zino of Kollar-Hwlot Rd I
appmvlmotely 800-ft vest of State Hwy 377. Elevation a 891.17 I NO.
4
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ALL SIDE SLOPES
4:1 MAX (TYP)
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- - INSTALL. 92.6 SY
g'-11"0 ROCK RIPRAP
AND ALIGTCANO_--'a>m-
�/ TAMPED TO ASSURE
a.O SECURE INTERLOCKING
7aa
- EXISTING 94 RCB
INLET STRUCTURE ��{{
PROTECT IN PLACE,g
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II WEST DETENTION POND
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EXISTING 36'\RCP
INLET STRUCTI)RE
PROTECT IN PL*CE
INSTAI L 46.7 SY
8"-12'0 ROCK RIPR. P
-HAND PLACED AND
TAMP( D TO ASSURE
SECURE INTERLOCKING
• EXISTING RIPRAP TO REMAIN.
_ FILL DISTURBED_ AREAS IN KINQ.
Tot:
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EXI SITING 42" R�7,1 OUTLET STRUCTURE.
REMOVE HEADWALL ND MITERED PPE TO
FULL CLEAN JOINT. C3NSTRUCT HE/AWALL
PEF CITY STD DETAIL SD-017. II (STALL
0 tIFICE PLATE GI ER DETAIL AT RIGHT.
EWSTNG 36' RCP OUTLET STRUCTURE.
REMOVE HEADWALL AND MITERED PIPE
TO FULL CLEAN JOINT. PLUG PER CITY
STD DETAIL SD-014
GRAPHIC ere
1
40 0
\ I
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10' TOP WIDTH
NORTH AND
EAST SOD\ II
\ I
\ I
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EXISTING 24' RCP
OUTLET STRUCTURE
PROTECT IN PLACE
ISSUED FOR CONSTRUCTION 00 16.14.1Z
REVISIONS DURING CONSTRUCTION BY DATE NO. REVISIONS DURING PLAN RENEW
1
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1..40.
40 80
\ 1
1 \ SAW CUT AND R OVE
1 \ APPROXIMATELY 4.5 SY
I CONCRETE OVERFLOW FLUME
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PROIACT IN PLACE TING
I STOREM1 DRAIN MANIA
1
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DESIGNED BY:
BB
DRAWN BY:
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CHECKED BY
BY DATE N M
4-ill-LT
The wool appearing on We
document woe authorized
by Bud Brock P.E. 102772
AlteraUon of a sealed
document without proper
notlWcotton to the
reeponwibl' cceln«w o rn
offense LTC,- `
Engineering Practice Act.
NOTE:
STEEL PLATE TO BE MINIMUM $"
THICK GALVANIZED OR STAINLESS
STEEL. CONNECT TO HEADWALL WITH
FOUR i670 GALVANIZED OR
STAINLESS STEEL J BOLTS CAST IN
PLACE WITH HEADWALL AND
IMBEDDED MINIMUM OF 3" INTO
FACE OF HEADWALL SPACE BOLTS
A MINIMUM OF 2' FROM TOP. SIDE.
AND BOTTOM EDGE OF PLATE.
LEAVE 1" LIP ON BOTTOM EDGE OF
ORIFICE PLAT TO ASSURE INTEGRITY 4`
OF PLATE �/ <
I / �" LIP
APPROXIMATE LOCATION-------
OF BOLTS (TYP)
STEEL ORIFICE PLATE.
SEE NOTE
EXISTING 42 RCP'
36" DIA. ORIFICE
WEST DETENTION POND
WEST DETENTION POND
STAGE -STORAGE -DISCHARGE TABLES
Area Volume
Bev fxl (aoftl
707.0 0 0
708.0 135763 067881
709.0 L72343 L"an43
na0 1.83399. 177871
71.0 190923 187161
712.0 102260 196591
713.0 214080 2.08170
714.0 226263 220172
7150 2.38815 232539
716.0 251949 245382
717.0 166147 259048
7180 278562 2.72360
7185 276582 139291
CumuitIva Volume
lac-ftl
0
067881.
221934
199805
5,06966
7.89558
9.91728
1111930
14.44438
16.89820
1948868
21.21232
23 60523
Tema Replelemd Engineering ran F438
W.S. (ley
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707.95
707.95
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70109
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71227
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71603
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8aN 102
Fad Worth Taw 76137
Main 817.847.8444
F 817.a47.0674
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DOE 7039
HEADWALL PER CITY
SID DETAIL SD-17
42" RCP OUTLET CONTROL STRUCTURE
NTS
LEGEND
x752.3
752,3
PROPOSED CONTOUR ELEVATION
EXISTING CONTOUR ELEVATION
PROPOSED SPOT ELEVATION
EXISTING SPOT ELEVATION
GRADING PLAN
TIMBERLAND DETENTION POND - WEST
STEADMAN FARMS, PHASE 1
City of Fort Worth, TarrantCounty, Texas
Hotted by bray Rot Dote 6/I4/2013
40
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DOE 7039
PROJECT
NO.
IPC085Ak
SHEET NO,
39A
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. 09/10//2012
8
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
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
M&C Review Page 1 of 1
H-11 COU MO
Official site of the City of Fort Worth, Texas
Fo RT ifVORTge-alrere
COUNCIL ACTION: Approved on 12/10/2013
DATE: 12/10/2013 REFERENCE NO.: **C-26589 LOG NAME:
20ROWE7039-10-
SWFMA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with Steadman
Farms, LLC, on Property Located on Keller Haslet Road East of Park Vista Boulevard
Containing 0.799 Acres of Land in Abstract No. 265, Jose Chirino Survey, at No Expense
to the City (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance
Agreement with Steadman Farms, LLC, on property located on Keller Haslet Road containing 0.799
acres of land in Abstract No. 265, Jose Chirino Survey, at no expense to the City.
DISCUSSION:
Steadman Farms, LLC, is the owner of a 3.500 acre tract of land on which 0.799 acres of land will be
used to construct drainage facility for the development of Timberland Phase IA Addition. The facility
is being constructed to capture and limit storm water run-off from the subject property to pre -
development levels. The drainage facility includes one detention pond which is located on Keller
Haslet Road east of Park Vista Boulevard.
The landowner and successors are required to maintain the facility at no cost to the City. The
Maintenance Agreement will ensure proper maintenance of the facility by the Steadman Farms,
LLC. However, if the landowner fails to properly maintain the improvements, the Agreement gives
the City the right to take all steps necessary to ensure the facilities are operating according to City
standards and to correct any deficiencies. This requirement and right run with the land.
The facilities are located in COUNCIL DISTRICT 7, Mapsco 8Z.
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: Jill D Griffin (6253)
ATTACHMENTS
7039-20ROWE7039a1 oaSWFMA.pdf
http://www.fortworthgov.org/council_packet/mc review. asp?ID 19182&councildate 12... 12/11/2013
MAYOR AND COUNCIL COMMUN
20R0WE7039-1 OSWFMA
i
CATION MAP
•
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 said data.
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DOE# 7039, City Project No. 02109
Tract described by deed to
Steadman Farms, LLC
D213146769, D.R.T.C.T.