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HomeMy WebLinkAboutContract 47703 C1W SECRETARY CONTRACT NO. DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of August 24, 2015, by and between Andrew W. Tam, acting by and through W.R. Meadows, Inc., hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WT.I'NESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 27.03 acre tract located in the David Odum Survey, Abstract 1184, Tarrant County, Texas according to the deed recorded in Document Number D215157470, 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 W.R. Meadows 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 Stormwater 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 Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on-site Stornzwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns,the location and dimensions of which is shown and STORMWATER FACILITY MAINTENANCE AGREEMENT ' ' .� El ZD Rev.12/29/2014 OFFICIAL RECORD APR 2 2016 CITY SECRETARY ("ITY0,rFoRr4 -'ISf wORm FT.WORTN,TX `�� �tjARY °? 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 constrict and maintain the on-site Stormwater 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 Stormwater Facility includes all pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all strictures, improvements, and vegetation provided to control the quantity and quality of the Stonnwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater 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 necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 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, 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 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 lots owned by the Landowner. Such lien shall be perfected by filing in the office of the Courity 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 OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS .AND STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 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 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 TO PERFORM ANY 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. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 12/2912014 Executed this 24th day of August 2015. Landowner: W.R. Meadows,Inc. City of Fort Worth Name: Assistant City Manager Title: General Manager, W.R. Meadows of TX Approved as to Form and Legality .1 ` Assistant City Attorney R7Nu 2 /V tSAS He iL ATTEST tY Secr gp��eOR r � t V b s<__ �bU®+70UUUU� I' OFFICIAL RECORD CITE(SECRETARY FT.WORTH9 TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev-12/2912014 STATE OF TEXAS § COUNTY OF TARRANT § �S tea"P`' This instrument was acknowledged before me on Y r j �'o2p J( y , Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. S011""'1%. LINDA M. HIRRUNGER /1 �,9�'+,n� 4'sE Notary Public,State of Texas 41,1 ! j.)Comm.Expires 02-02-2018 o ark,public' State of Texas '••.�0;,`,..��' Notary ID 12414474-6 STATE OF TEXAS COUNTY OF TARRANT § *= MY COMMISSION EXPIRES , ., s May 6,2016 ,� Before me, the undersigned authority on this 24th day of August, 2015, personally appeared Andrew W. Tam, 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 W.R. Meadows, Inc., and that he executed the same as its Agent and as the act of such and for the purposes and consideration expressed in the foregoing instr11ment. tary Publ ge�of 4Tes��— STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 EXHIBIT "A" LEGAL DESCRIPTION Being 1.989 acre tract of land situated in the David Odum Survey, Abstract No. 1184, City of Fort Worth, Tarrant County, Texas and being a portion of land described in Adder Minnis Limited Partnership, recorded in Instrument Number D213105276 of the Official Public Records of Tarrant County, Texas. Said 1.989 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" capped Iron Rod (CM) at the Southwest corner of said Adder Minnis Limited Partnership tract, said point also being in the east line of that certain tract of land described in a deed to Miller Distributing Fort Worth, Incorporated recorded in instrument Number D210032445 of the Official Public Records of Tarrant County, Texas; THENCE North 00 degrees 46 minutes 06 seconds West, with the common line between said Adder Minnis Limited Partnership tract and said Miller Distributing Fort Worth, Incorporated tract, a distance of 99.08 feet. THENCE North 89 degrees 13 minutes 54 seconds East, a distance of 128.73 feet to the Point of Beginning; THENCE North 00 degrees 39 minutes 50 seconds West, a distance of 202.74 feet to a 5/8" capped Iron Rod stamped "JQENG"; THENCE North 89 degrees 01 minutes 36 seconds East, a distance of 425.98 feet to a 5/8" capped Iron Rod stamped "JQENG"; THENCE South 00 degrees 37 minutes 42 seconds East, a distance of 204.15 feet to a 5/8"capped Iron Rod stamped "JQENG"; THENCE South 89 degrees 14 minutes 42 seconds West, a distance of 425.86 feet to the Point of Beginning and containing 1.989 acre of land more or less. ,q 3.Z*.I-2.00S— '-k muumuu Samoa Munn swung NEWER Fn X -00 Wcocy LC) I IoM CD (I a'S 2 V4 L0 z LLJ LLJ RUj to Uj Li O 0 -(0 Ln 00: F= LO UJ Z: C) Z 0 00 'let it ti Z z -VL-ZOZ M.09,62.00N CO lD(0 06 U. Z�l /Z Uj co ow 'ti A8vnms3j ;AVO MOHOM M.90.9t.00WAI l'0*1.'H'.l,O '9*WOOIZ0 'ON ISNI '3NI 'HIHOM 1801 ONLMEPHISIO 2ffnffl SAOY 6C9'Z9 aTnVo Oil !! § } � | £ j m = � k m f /\ z ) \ § § 5 A [ � > ^ 2 § ( \t§ . � , ' � § An } / »§ »©' A2\ /\/ � ^4W \ . \ �- ; � ( ` � \ ' §« \ . » y - . ^ j E \ ' \- , . ! . (- } � § e r� i - � ;\§� 2 ' EXHIBIT B: DESIGN DATA Sto►m water drainage analysis was performed to comply with City of Fort Worth storm water management criteria. An evaluation of pre and post drainage conditions were analyzed to determine the need for drainage improvements and or detention. It was determined that detention is needed to reduce developed runoff conditions at or below existing runoff conditions to the existing onsite creek. This was done by conveying post runoff condition into private storm sewer systems that outfalls into an onsite detention pond. The detention pond has an outfall pipe that reduces the flow to the creek below current conditions. The detention pond is sized to detain drainage from a 100-year rainfall event. Drainage that exceeds the 100-year event would be allowed to spill over a weir structure at a predetermined location. PRE-DEVELOPED CONDITIONS TO EXISTING CREEK Q1 Q10 Q100 CFS CFS CFS 68.44 125.61 190.70 POST-DEVELOPED CONDITIONS TO EXISTING CREEK Q1 Q10 Q100 CFS CFS CFS 64.89 120.73 183.86 Detention Pond Capacity Contour Contour Depth Incremental Cumulative Elevation Area (ft) Volume Volume (sq. ft) Avg. End Avg. End (cu. ft) (cu. ft) \� 656.000 43,973.28 N/A N/A 0.00 657.000 47,493.76 1.00 45,733.52 45,733.52 658.000 51,114.77 1.00 49,304.26 95,037.78 659.000 54,836.31 1.00 52,975.54 148,013.32 Exhibit "C" CITY OF FORT WORTH STORMWATER 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. STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/2912014 L Y?: �j., ry- E r. C: y.. C W n� Q W ^` ll. 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