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HomeMy WebLinkAboutContract 42066STORM WATER FACILITY CITY SECRETARY MAINTENANCE AGREEMENT CONTRACT ~O. c/o-lJ(o {a THIS AGREEMENT , made and entered into this day of _____ _ ___ , 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". WITNESS ETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 0.675 acre tract located in the W. McCowan Survey , Abstract 999, Tarrant County, Texas according to the deed recorded in Instrument Number D2040153377 , County 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 V-A 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 b metes and Exhibit "A" ("Facility Property"); and STORM WATER FACILITY MAINTENANCE AGREEMENT Rev . 01/09//2007 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ds in the attached 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 Re v . 0 1/09//2007 2 Property and to inspect the Facility Property whenever the City deems necessary . The purpose of inspection is to follo w-up on reported deficiencies and/or to respond to citi zen 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 authori zed 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 re imburse 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, Te x as 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 liab ility of an y 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 STORM WATER FAC ILITY MAINTEN A NCE A GREEMENT Rev . 01 /09//2007 PROPERLY. LANDOWNER AND 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 o f 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 STOR M WATER FACILIT Y MA INTENANCE A GREEMENT Re v . 0 1/09//2007 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 _\_day of A0ju5>-t 2011. Landowner ~s,LTD. I Name: Don Allen Title: Assistant Secretary Tehama Ridge Owners Association City City of Fort Worth £~~ F emando Costa Assistant City Manager to Form and Legality Assistant City Attorney ATTEST OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev . 01/09//2007 5 ~-. rfi...-~~\ ~~ STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on~ o? t,, .2,, // by Fernando Costa, Assistant City Manager of the City ofFortW rth, on behalf of the City of Fort Worth. (®J MV ~~AES ,~S£.~ STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned MAAy i>o,J e. A~ authority 2011 , on this ,j_. D """- p ers onall y day of appeared -----------------------------, known to me to be the person whose name 1s subscribed to the foregoing instrument and acknowledged to me that the same 1s the act of P,,Q. fHJ~roJ -·TE.¥-AS, /...Tb , and that he executed the same as its Ass rsr ~Ee~ and as the act of such , ... :r-1). /l.4R-rs l-/P and for the purposes and consideration expressed in the foregoing instrument. SANDY TREN TON NOTARY PUB LIC STATE OF TEXAS MY COM M. EXP. 10/19/201 1 STATE OF TEXAS COUNTY OF TARRANT § § This instrument was acknowledged before me on /Vl 4<j 20 z.0 1 I by, 'bD"1 E-, l4 u ,s,J , authorized representativ~, acting on behalf of the Tehama Ridge Owners Association. STORM WATER FACILIT Y MAINTEN A NCE AGREEMENT Rev . 0 1/09//200 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6 EXHIBIT "A" LEGAL DESCRIPTION OF 0.675 ACRES OF LAND BEING a tract of land situated in the William Mccowan Survey, Abstract No. 999 , City of Fort Worth , Tarrant County, Texas and being a portion of that tract of land as described by deed to D .R. Horton- Texas, Ltd. as recorded in Instrument Number D204015377 , County Records , Tarrant County, Texas , said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the northeast comer of said D. R . Horton-Texas , Ltd . Tract, being in the west line of that tract of land described by deed to the City of Fort Worth as described in Instrument Number D2 09023900, said County Records ; THENCE S 00 °06 '37"W , 737.35 feet with the common east line of said D.R. Horton-Texas , Ltd. Tract and west line of said City of Fort Worth tract ; THENCE N 89 °53'23 "W, 209 .85 feet departing said common line to the Point of Beginning ; THENCE S 23 °32 '10 "W, 78 .02 feet; THENCE N 67 °51 '13 "W, 31.61 feet ; THENCE N 64°04 '38"W, 43 .79 feet; THENCE N 78°58'37"W, 55.74 feet; THENCE S 84°19 '20 "W, 104.42 feet; THENCE N 73 °3 l '23 "W, 20 .78 feet ; THENCE N 16 °14 '23 "E , 194.56 feet ; THENCE S 73 °06 '55 "E, 21.26 feet ; THENCE S 44°45'50"E, 112 .68 feet; THENCE S 52 °30'37"E, 66.00 feet ; THENCE S 71 °37'48"E, 43.07 feet ; THENCE S 67 °51 ' 13 "E, 33 .51 feet to the Point of Beginning and containing 29 ,417 square feet or 0 .675 acres of land , more or less. Jacobs Job No . CB700135.0449 FW21N J :\JOB \CB700135 \SUR\WP\LEG\0135 EA7 .doc March 08 , 2011 Page 1 of 1 Ji • o/J!J ffel [\,, ~ @: [Rs ~ OJ) [Rs w @: 't7 ffel~~Y[Rsffel©Y 00©. ~®@~ APPRO X. SURVE Y LINE POINTOF COMMENCING IRF ~-~-~-~-~-~--,-~~~~~~~--,}-~~~~-~-~ u C ci :J 0 L "' CJ> C ·-L Q) Q) C CJ> C w 1/) .0 0 u 0 ...., >, .0 -0 N ~ C CJ> L >, 0. 0 u 0 100 200 ~-~, --~-I D. R. HORTON-TE XAS, LTD. / GRAPHIC SCALE IN FEET CCF # D205217591 ,~ C.R. T. C. T. /;; NOTES: BASIS OF BEARING IS THE RECOVEREO EAST LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO D.R.HORTON AS RECORDED IN INSTRUMENT NUMBER D20~015377, COUNTY RECORDS, TARRANT COUNTY , TE XAS. IRF=IRON ROD FOUND S73° 06' 55" E 21. 26' , " ,v /~Q:-~ GJ..i J'9' , I 6\ / 9'o S52° 30' 3 7" E 66. 00' :!; I ',/ ~ 9' <- I '~ v- "'1-• I ',6' S 0) / ,&-0 ,, -I ', (' I ', l..,J I 'Q S71° 37' 48" E 43. 07' S6 7° 51' 1 3" E = I ', fv) I C\J I ',, POINT OF BEGINNING I 33. 51': ' I 1C\ """, =, -., 0.675 ACRES o I <.DI -. , I ''"G-,, N89°53'23"W 209. 85 ' <t I , ~ -e------------ei-----a / S23° 32' 1 O" W 7 S84° 19' 20," W ' '-s / 78. 02' 1 Q4. 42 / ,,..~ ,: N 7 30 3 1 , 2 3" W N 7 80 5 8, 3 7" W ~ / 2 0 • 7 8' 5 5. 7 4 ' N 6 7° 5 1 ' 1 3" W N64°04' 38"W 3 1. 61 ' 43. 79 ' ,/ D.R. HORTON -TEXAS, LTD. CCF # D204015377 C. R. T. C. T. EXHIBIT "B" 0.675ACRES OF LAND "' 0 3:: r-- I") ~ 0 0 0 0 Vl r-- cri N I") I") IRF SITUATED IN THE WILLIAM McCOWAN SURVEY, ABSTRACT Vl f- ZN wro :::;:N f-- V> • ._: w Cl >a..u z .. -U"lf- <:r Vl -0: -N >-u <l: • 0 -' 0 Z> 0 0 JACOBS~ NUMBER 999, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS .--~~~~---1 SHT. NO . 777 MAIN STREET FORT WORTH . TX 76102 (817) 735-6000 JOB # CB700135 .0449 J:\JOB\CB7 001 35 \S UR\0135_EA7_XM. DG N DATE : 03 -08 -11 DRAWN : DLF CHECKED : WMB 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 occu r 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 main t ain 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 FAC ILI T Y MA INT ENANCE AGREEMENT Rev. 01 /09 //2007 Exh ibit "D " Storm Water Structural Maintenance CHECKLIST FREQUENT DATE INSPECTION Mowing Remove Trash and debris Inspect irr iga ti on system operation Remove grass clipp inqs Vio lations Not ed MINOR INSPECTION Condi t ion of Pond Amount of silt in pond Amount of s ilt in f l ume Amount of ponded wa t er Amount of wetland vegetation Location of Erosion Percent of veqe t at ion Cond it ion of t rash quard Location of Erosion MAJOR INSPECTIONS Cond iti on of Storm Water Quality St ru ct ure Type of Storm Water Quality Structu re Structu re type and Cond it ion Condi t io n of R ip- STORM WATER FACILITY MAINTENANCE AGREEMENT Rev . 01 /09//2007 REPAIRS REQUIRED REPAIRS NOTES MADE 9 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 10 • City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/19/2011 DATE: LOG NAME: SUBJECT: Tue sday , July 19, 2011 20ROWE6531 SWFMA REFERENCE NO.: **C -25018 Authorize Execution of a Storm Water Facility Maintenance Agreement with D.R. Horton-Texas, LTD on Property Located in the William McCowans Survey West of Interstate 35 North and East of Harmon Road (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with D.R Horton-Texas , LTD for property located west of Interstate 35 North and east of Harmon Road in the William Mccowan Survey Abstract No . 999, at no expense to the City. DISCUSSION: D.R. Horton-Texas, LTD is the owner of a 60.40 acre tract of land upon which it will construct a detention pond. The facility is being constructed to limit storm water runoff from their property to predevelopment levels. The detention pond will be located west of Interstate 35 North (North Freeway) and east of Harmon Road in the William Mccowan Survey adjacent to the current Tehama Ridge residential de ve lopment. The term s of the Maintenance Agreement ensure proper maintenance of the facility by D.R Horton-Texas, LTD at no cost to the City. The facility is located in COUNCIL DISTRICT 9, Map sco 21P FISCAL INFORMATION: The Financial Management Services Director certifies that thi s action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernan do Costa (6122) Douglas Wiersig (7801) Lexi ngton Wright (66 45) ATTACHMENTS 1. 6531-20ROWE6531SWFMA.pdf