HomeMy WebLinkAboutResolution No. 2015-037CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER
TO LXECLJTE A AGREEMENT BETWEEN THE
CITY OF THE COLONY AND CREEKSIDE AT AUSTIN WATERS
HOMEOWNERS ASSOCIATION TO PROVIDE FOR CERTAIN
STOR11WATER, DI;tAINAGE IMPROVEMENTS AND
DECORATIVE PAVING BRICKS WITHIN THE
DEVELOPMENT; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the Citv Council of the City of The Colony, Texas finds it the
best interest of its citizens to authorize a maintenance agreement betveen City of The
Colony and the Creel side at Austin Waters Homeowners Association (HOA).
incorporated herein as Exhibit -A". and Linder the terms and conditions provided therein.
Section 2. That the City Council hereby approves authorizing the City
Manaocr to execute the maintenance agreement.
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Section 3. That this resolution shall take effect immediateIN, from and after its
passage.
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PASSED AND APPROVED b\ the City Council of the Cite of The Colony.
Texas. this 7th day of April 2015.
ATI"EST-
eali;listie Nk"ilson, TRMC. City Secretary
APPROVED AS TO FORM:
Me McC`ourt. 1 lavor
,Zits., of The Colony'. Texas
STATE OF TEXAS §
§ MAINTENANCE AGREEMENT
COUNTY OF DENTON §
This Maintenance Agreement (the "Agreemen ") is entered into by and between the City
of The Colony, Texas (the "City") and the Creekside at Austin Waters Homeowners Association
(the "HOA") by and through their duly a-uthonized representatives to be effective on
"I y and the HOA are each a "Party,"
C�'Pe' � _, 2015 (the "Effective Date"). The City
and collectively the "Parties."
WITNESSETH:
WHEREAS, Creekside at Austin Waters is a master planned residential development
initially consisting of Austin Waters East Phase I located within Planned Development District
(PD) No. 22 on the Effective Date. Any reference in this Agreement to the "Development"
means the portion of the property located within PD No. 22 and that is subject to the HOA and
the Declaration (as defined below); and
WHEREAS, the Parties intend for the HOA to be responsible for certain stormwater,
drainage improvements and decorative paving bricks within the Development, as described in
Section I below (collectively, the "HOA Improvements"), and for the City to be responsible for
certain stormwater and drainage improvements within the Development, as described in Section
2 below (collectively, the "City Improvements"); and
WHEREAS, notwithstanding anything to the contrary in this Agreement., the scope of
the HOA's responsibilities and the City's responsibilities under this Agreement is limited to the
property located within the Development's common areas and street right-of-ways, as further
described on Exhibit A (the "Common Areas and Street Right-of-NAays"), and the HOA and the
City shall have no obligations under this Agreement as to property located outside of the
Common Areas and Street Right-of-ways; and
VVIIEREAS, the Parties acknowledge that the City shall have the sole maintenance
responsibility in the Common Areas for utilities not specifically described by this Agreement,
including, but not limited to, the water distribution system, sanitary sewer collection system,
sanitary sewer lift station, and associated appurtenances, and the HOA shall not be responsible
for maintaining such improvements.
NOW, THEREFORE, in consideration of the terms and conditions contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
I , HOA Responsibilities.
A. The HOA's maintenance responsibilities under this Agreement require
maintenance to the same standard the City maintains City -owned drainage facilities located
outside of the Development.
2455,0104 w790A
B. The HOA shall maintain, inspect, or repair the structures including
retaining walls, stream channels and banks. natural flumes, slopes, gabions, grouted riprap, trails,
and sidewalks on lots located within the Common Areas. Streams shall include all areas where
stormwater flows and is not contained within a storm drain pipe or box culvert.
C. The HOA shall be responsible for the monitoring and removal of sediment
accumulation or soil erosion and maintenance within the channels and streams, including
inspecting, monitoring, and maintaining weirs, natural flumes, slopes, gabionsstreams, and
drainage channels that exhibit erosion, sloughing, and/or failure exceeding the designed slope or
grade.
D. The HOA shall inspect and maintain stain on any surfaces that are stained
on the bridge within areas of the City's rights-of-way as shown on the approved bridge plans for
the Development. This responsibility is limited to maintaining the quality and color only
throughout the life of the bridge.
E. The HOA shall maintain all decorative brick pavers that are installed
within areas of the City's rights-of-way as shown on the approved paving plans for the
Development until 18 months after the preconstruction meeting for Phase 2. After that time, the
City will maintain the decorative brick pavers. A decorative brick paver is defined as a vitrified
clay brick slightly larger than building brick and used in the construction of pavement
surfaces,The HOA shall monitor annually, beginning one (1) calendar year from date of final
acceptance of Phase L, all of the labeled floodplain areas with reduced planning's coefficients as
depicted in Exhibit B and established by survey with monuments at the site. A registered
professional engineer with experience in hydrology shall confirm that said areas have a
Manning's coefficient of less than or equal to 0,050 using the figures in Open -Channel
Hydraulics by V.T. Chow. The results of each review shall be submitted to the City by the end.
of the calendar year in which the review was required to be conducted. If the HOA does not
timely submit such report, the City may issue a written notice to the HOA demanding a copy of
the report. If the HOA has not provided the report to the City within 30 da-
ys after the receipt of
such notice, the City may complete the required review, and the HOA shall be responsible for
payment of the cost incurred by the City to complete the review. Upon accepting the results
indicated in the report, the City shall issue a written notice to the HOA accepting the report.
Within 120 days after receipt of such notice of acceptance, the HOA shall cause the removal and
disposal of the vegetation that materially impedes the hydraulic design of the channels, as
described in the report. Upon completion, a certification will be issued by the HOA to the City
stating that the work has been completed. to the standards required by this Agreement. If the
HOA does not remove the vegetation by such deadline. the City may issue a written notice to the
HOA demanding removal of the vegetation. If the HOA has not removed the vegetation within
120 days after receipt of such notice., the City may remove the vegetation and the HOA shall be
responsible for payment of the costs incurred by the City to remove and dispose of the
vegetation.
F. Within 90 days of the City's notification of a maintenance problem, the
HOA shall retain a licensed professional engineer with experience in hydrology to perform a
visual inspection and provide a written report regarding the condition of the structure(s), slope,
or ground surface and any, recommended maintenance or repairs. A problem includes a failing
2155.4)10'.40 r 90.4
structure, change in the elevation of the ground surface of one foot or greater, or the horizontal or
vertical movement of a ground slope by one foot or greater. If the HOA does not timely submit
the required inspection report, the City, may issue a written notice den -landing a copy of the
report. If the HOA does not provide the report within 60 days after receipt of such notice, the
City may have the inspection conducted by a registered professional engineer, and the HOA shall
be responsible for payment of the costs incurred by the City to conduct the inspection. Upon
accepting the results indicated in the report, the City shall issue a written notice to the HOA
accepting the report. Following receipt of notice from the City accepting the report, the HOA
shall make all necessary repairs recommended by the engineer under this paragraph on the
schedule proposed by the engineer. Plans for all repairs shall be prepared by a registered
professional engineer and approved by the City prior to construction, with such approval not to
be unreasonably withheld, conditioned, or defayed. If required, inspection fees must be paid
prior to plan approval and the project must meet all applicable City ordinances. The HOA must
obtain all permits required under applicable federal, state, and local law. If the HOA does not
timely complete the repairs, the City may issue a written notice demanding completion of the
repairs. If the HOA does not complete the repairs within 90 days after receipt of such notice, the
City may perform. the repairs, and the HOA shall be responsible for payment of the costs
incurred by the City to, make the repairs.
G. If the City notifies the HOA of a maintenance problem and the HOA does
not agree it is a problem, the HOA must notify the City of such within 60 days. When within 60
days of the HOA's notification the City must engage a licensed professional engineer with
experience in hydrology to perform a visual inspection and provide a written report regarding the
condition of the structure(s), slope, or ground surface and any recommended maintenance or
repairs. If it is deterinined that no repairs or improvements are needed at that time, then the City
is responsible for the costs of the licensed engineer's report. If repairs or improvements are
necessary, then the HOA must reimburse the City for the cost of the licensed engineer's report
within 60 days and conduct maintenance or repairs on the schedule and as specified in Section
I.E.
2. City Responsibilities. The City shall regularly inspect, monitor, and maintain all
of the storm drain pipes, box culverts, headwalls, outfall structures, and intake structures, to the
same standard the City maintains City-OIATned drainage facilities located outside of the
Development. Notwithstanding anything to the contrary, the City shall not be responsible for
general sediment removal or grading, which are the responsibilities of the HOA under Section I
of this Agreement.
3. Independent Contractor. The HOA ]is an independent contractor, and none of
its contractors, employees, agents, or independent workmen shall be deemed an employee of the
City for any purpose.
4. Entire Agreement. This Agreement is the entire agreement among the Parties
'rith respect to the subject matter covered in this Agreement. This Agreement supersedes and
replaces all notes on approved final plats of the Development approved prior to the Effective
Date to the extent such notes relate in any way to maintenance of drainage improvements. Notes
placed on final plats of the Development after the Effective Date may supplement. but shall not
be construed as revising, any of the terms of this Agreement, and such a note shall only apply to
7155A 55.41'10,40790.4
the area within the plat that includes the note. This Agreement shall not be amended or
terminated except in writing signed by both Parties.
5. Governing Law. The validity of this Agreement and any of its terms and
provisions, as well as the rights and duties of the Parties, shall be governed by the law of the
State of Texas; and venue for any action concerning this Agreement shall be in Denton County,
Texas,
6. Recitals. The recitals to this Agreement are incorporated herein.
7. Severabill In the event any article, section, subsection, paragraph, sentence,
phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement,
shall be enforceable and shall be enforced as if the Parties intended at all times to delete said
invalid article, section, subsection, paragraph, sentence, phrase or word; and such invalid, illegal,
unconstitutional or unenforceable article, section, subsection, paragraph, sentence, phi -ase, or
word shall be substituted by an article, section, subsection, paragraph, sentence, phrase or word
as near in substance thereto as may be valid, legal, constitutional and enforceable.
9. Enforcement In the event the HOA fails to maintain the HOA Improvements as
provided herein, the City is hereby appointed to cause such maintenance to be perfon-ned and the
cost of which shall be assessed in accordance with the deed covenants as provided in the HOA's
Declaration of Covenants, Conditions, and Restrictions, as amended (the "Declaration"),
2155.010 40790A
2155.010 40790.4
i
EXECUTED this 7— day of 2015.
CITY Off" THE COLONY, TEXAS
By.
Name:
Title:
Name:
Title:
EXECUTED thjs'3ZAay of 1"nAyt',01 2015.
By:
Name: ";�av
Title: ylzej 4,i),e"v 7.-,-
21.55.0 10 40790.4
EXHIBIT A
HOA Melnte sa Areas
stin Waters
se 1
OWN OF TME COLONY, TEXAS
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4
2155.010\40790.4
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II
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HOA Melnte sa Areas
stin Waters
se 1
OWN OF TME COLONY, TEXAS
WOST'NU_---
Kimley>»H
4
2155.010\40790.4
I
II
HOA Melnte sa Areas
stin Waters
se 1
OWN OF TME COLONY, TEXAS
WOST'NU_---
Kimley>»H
4
2155.010\40790.4