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HomeMy WebLinkAboutContract 45757 CITY SECRETARy CONTRACT No. DOE # STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of_ ° _, 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 ()FFICIAL RECORD �q CITY CILITY MAINTENANCE AGREEMENT w RECE�VE,0 ,. .,...,....,.�.�,�,.�.�.w�,�-M�������� ,�,�,R�������,��,���,,.«��,�,�° JUL � 72014 CITY SECROARY DOE # STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 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 cllry 10T1 RID CILITY MAINTENANCE AGREEMENT JUL 172p 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: 1. 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 2 Rev.09/10/2012 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 necessM 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. S. The Landowner, its successors and assigns, will perfarni the work necessary to keep the Facility in good. working or as appropriate. In the event the City pursuant t o t his 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 o f t he 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 3 Rev.09/10/2012 ..................................................................... iw 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 4 Rev.09/10/2012 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. [SIGNATURE PAGE FOLLOWS] Executed this day 2014 of AA' Landowner City of Fort Worth Hunter Crossroads, LP a Texas limited partnership By: Hunter Crossroads GP, LLC, a Texas limited liability company By: its general partner Fernando Costa Assistant City Manager Approved as to Form and Legality By: Scott Rohnnan, Manager By: ZOO nP.!, brl;it JoAn' ()F FO Assistant City Attorney 10 '0 A EST k3AS -1 OFFICIAL RECORD 7C,ityv ecretary CITY SECRETARY r et GAMMA ty INTENANCE AGREEMENT ............... .. ............................... STATE OF TEXAS § COUNTY OF TARRANT § This t s acknowledged r by Fernando Costa, Assistant City Manag e of City of Fort Worth, on behalf o the City of Fort Worth. w ACV l r / r kkzlic � of � My Notary tary Public State of Texas STATE OF TEXAS § COUNTY OF DALLAS § 2 ' Before me, the undersigned authority on this °' day of _ w 1 , 2014, personally appeared Scott Rohrman, known to me to b to he 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. P OWN Kr.r�es Not Public, State of Texas ur rrean " ,. r STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.09/10/2012 EXHIBIT "A" SEE ATTACHED STORM WATER FACILITY MAINTENANCE AGREEMENT 7 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 Clerk'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 corner 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 corner 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 38 038'02" 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 38 038'02" 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 25 017'16" 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 corner 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 89 019'32" 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 00 000'00" E, continuing over and across said Hunter Crossroads tract, a distance of 36.95 feet; Sheet I of 3 HTR 14056 THENCE S 52 020'56" 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. cgs, Theron W. Sims, R.P.L.S. »"»•° THERON °SIMS Texas Registration No. 58167 9® 5 7 Date: May 29, 2014 1 Bess,® 8URVEy®� 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 (COBS) 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 ^ - 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 (RTI10 methods. An average Combination Factor of 1.00015 was used to scale gdd coordinates and distances to surface. 2) Integral parts of this survey: LOT 3, BLK. I a.Legal Description&Sketch AVOND" HASURT ROAD VISTA CROSSROADS ADDN. 518 IR "X" CUT SET SET W17H IN CONC. N89'1 9'32"E. 399.89- ENTION ACILIJY, 2SOO*00'00"E CB=S87*35'48"E Cj50 0. HUNTER CROSSROADS, LP VISTA CROSSROADS ADDN. RECOVERED WITH CAP STAMPED 'rNP" 518- IR SET WITH (CONTROL MON) ell- CAP STAMPED OF 17NP" TEXAS REGISTRATION N 5 -V EXHIBIT "All CL=149.81' Iry I STORM WATER DETENTION FACILITY .0.0 518- RECOVERED WITH Situated in the M.E.P & P R.R. Co. Survey, Abstract No. CA STAMPED 7NP' 1131,City of Fort Wortk Tarrant County,Texas. (CONTROL MON.) I 100 Macon Street Fort Worth,Texas 76102 OF 3 tnp 817.336.5773ph 817.332.7756fx JOB No. HTR 14056 www.tnpinc.com SHEET 3 JOF3 EXHIBIT "B" SEE ATTACHED STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.09/10/2012 .......... ....... it Ni Cis OR p g4� . 2 1�3 19 X Z I H CHOI -na CL MIN= ............. .......... 12 IN IV A E tq AR Ma ............. ......... mo ......... 1p 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 9 Rev.09/10/2012 Exhibit I'D" Storm Water Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS- REPAIRS NOTES INSPECTION REQUIRED MADE Remove Trash and debris Inspect irrigation Remove grass Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water Amount of wetland ve station Location of Erosion Percent of ve station Condition of trash uard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Ri - STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.09/10/2012 ....................................... Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 11 Rev.09/10/2012