HomeMy WebLinkAboutContract 47763 "2345 .
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STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of 21 , 2016,
by and between WGK DEVELOPMENT, INC., a Texas corporation, acting by and
through its duly authorized officer, 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 8.62 acre tract located in the A. Smith Survey, Abstract 1419, City of Fort
Worth, Tarrant County, Texas, being a remainder of a 16.139 acre tract described in
Tarrant County Clerk Instrument Number (TCCIN) D207066441 to WGK Development,
Inc., 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 Western Center South 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
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECOgD
Rev.12/29/2014B�uL� 116L li��lll�r
rj�utlMCI R l`i6N9 721
WHEREAS, the City requires that on-site Stormwater 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
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 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 structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.12/29/2014
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
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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
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
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.
9. The City and Landowner agree that this agreement may be amended or vacated
if future improvements or other circumstances allow for reduction in the size of
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.12/29/2014
the Facility, or the elimination of the Facility while still satisfying applicable
City rules and regulations. Such determination will be at the reasonable
discretion of the City of Fort Worth Director of Transportation Public Works
or his designee. Further, all such modifications to this agreement must be in
writing and executed by both the City and the Landowner.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.12/29/2014
LANDOWNER CITY OF FORT WORTH
WGK DEVELOPMENT, INC.,
a Texas corporation
By
Jesus J. Chapa
�. Assistant City Manager
BY ��s�
Name Approved as to Form and Legality
Title ('e- a't%Lyc
Assistant City Attorney
AB714ar2N'IS gSUU a—
r� ,�� � ATTEST
6
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y
[�°OOOd604°O
STATE OF TEXAS l
COUNTY OF TARRANT §
This instrument was acknowledged before me on trn Q1o{ q �� w by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
LINDA M. HIRRLINGIR
�.•°�PaY.^ye''a p
Notary Public, $tote of Texas y ` _< I , 1, ,( Q� n
%N1.'��•p 2 Comm. Expires 02.02.2018 , V t 't 1 V'V 2��`-' `
ota Public State of Texas
Notary 12414474.6 rY
THE STATE OF TEXAS §
COUNTY OF DALLAS § QQ
This instrument was acknowledged before me on the qday of h ,
2016, by(A).(A), l' 1 J (2sk1 fry f- of WGK Development,
Inc., a Texas corporatio , on behalf of such corporation.
sgzl ** �6
�� ►�'�p °� Notary P is fn and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH,H, 7 B0 6
Rev.12/29/2014
Exhibit A
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EXHIBIT A-2
DESCRIP77ON OF BENEFITED TRACTS
Being a tract of land in the A. Smith Survey, Abstract 1419, City of Fort Worth, Tarrant
County, Texas, and being the remainder of a 16.139 acre tract described in Tarrant
County Clerk Instrument Number (TCCIN) D2O7O66441 to WGK Development, Inc.,
more particularly described as follows:
Beginning at the southeast corner of Lot 1, Block 1, Old Denton Road Addition as tiled
in TCCIN D214167763 and a 5/8" capped iron found (BDI 6353) being in the western
right—of—way of the North Freeway,
7hence with the said right—of—way South 10 Degrees 25 Minutes 02 Seconds East, a
distance of 11.52 feet to the beginning of a curve to the right tangent to said line,
Thence continuing with the said right—of—way southerly a distance of 589.07 feet along
the curve to the right having a radius of 11,234.47 feet and a central angle of 3 Degrees
00 Minutes 15 Seconds to a found Highway Monument for the southeast corner,
Thence leaving the said right—of—way and with the north line of an 18.58 acre tract of
land to Brookhollow 1170 Limited Partnership as described in D2O1317518 TCCIN
South 89 Degrees 48 Minutes 01 Seconds West, a distance of 647.87 feet to a found
5/8" capped iron rod "Dunaway" for the most southerly southwest corner being on the
right—of—way of Old Denton Road;
Thence with the said right—of—way North 00 Degrees 07 Minutes 12 Seconds West, a
distance of 51.32 feet to a found 5/8" capped iron rod "Dunaway" for corner,
Thence with the said right—of—way South 89 Degrees 57 Minutes 48 Seconds West, a
distance of 31.90 feet to a found "X" Cut in concrete for the most westerly southwest
corner,
Thence with the said right—of—way North 00 Degrees 01 Minutes 48 Seconds East, a
distance of 541.84 feet to a found "X" cut in concrete for the northwest corner,
Thence with the south line of the said Lot 1 North 89 Degrees 46 Minutes 20 Seconds
East, a distance of 586.24 feet to the Point of Beginning.
Save and Except the Detention Pond Area more particularly described in Exhibit A-4,
included herewith.
The net area of the Benefited Tracts being 325,960 square feet or 7.483 acres, more or
less.
The Basis of Bearing is the south lot line of Lot 1, Block 1, Old
Denton Road Addition as filed in Tarrant County Clerk's
Instrument Number D214167763.
Sheet 2 of 4
T•\2015\15023—Western Center Hotel Plot\_Survey\Pond Description\Pond Metes and Bounds.pro
EXHIBIT A-3
PRIVATE DRAINAGE EASEMENT
POIN T OF '
COMMENCEMEN T
® 60 FEET
One loch FOR PDE DESCRIP TION
N89°46'20"E 586.24'
--- --- ---5/8» CIRF---
"BDI 6353"
WGK DEVELOPMENT INC. S10°25'02"E
TCCIN D207066441 11.52' r
Rem ain der o f 16. 139 A cre Tract Drainage Esm t. —may 1
8.623 Acres State of Texas jC1'
(7.978 Acres Net)
Lot 1 D212J17673 '
PDE POIN T
2, 130'+/— to `
Western Center Blvd. OF BEGINNING L2� A- -
- - - - - - - - ---- --- - - - - - - - -- - -- - -
2,3'0'+1—'
�Lj C2�
N89°46'20"E 279.86'
to old jN
Denton �6 ON �, m
m
Road ��t ►�°� PRI VA TE DRA INA GE EA SEMEN T
Lot 2 I •'�r 49,559 Sq. Ft. �,
C3` -C
i o
S89°46'20"W 306.37'
- - - - - - -- -- - - - - - - - - - - --- - - - - - - - - -- - -
WGK DEVELOPMENT INC. TXDOT Mon.
TCCIN D207066441
S18040'15"E 1
287.09' 1
CURVE TABLE 1
Name Radius Arc Length Chord Bearing Chord Length Delta
C1 11,234.47' 118.35' S10'0656"E 118.35' 00'36'13"
C2 11,234.47' 6.45' S09 47'51"E 6.45' 00 01'58"
C3 11,181.97' 151.07 S0974'35"E 151.07' 00'4627"
T.-\2015\15023—Western Center Hotel Plat\_Survey\Pond Description\Pond Metes and Bounds.pro Sheet 3 of 4
EXHIBIT A-4
DESCRIPTION OF PRIVATE DRAINAGE EASEMENT
Being a tract of land in the A. Smith Survey, Abstract 1419, City of Fort Worth, Tarrant
County, Texas, and being a portion of the remainder of a 16.139 acre tract described in
Tarrant County Clerk Instrument Number (TCCIN) D207066441 to WGK Development,
Inc., more particularly described as follows:
Commencing at the southeast corner of Lot 1, Block 1, Old Denton Road Addition as
filed in TCCIN D214167763 and a 5/8" capped iron found (BDI 6353);
Thence with the eastern boundary of said tract and the western right—of—way of the North
Freeway South 10 degrees 25 minutes 02 seconds East a distance of 11.52 feet to the
beginning of a tangent curve to the right;
Thence along said curve a distance of 118.35 feet having a radius of 11234.47 feet and
a central angle of 0 degrees 36 minutes 13 seconds whose chord bears South 10
degrees 06 minutes 56 seconds East a distance of 118.35 feet to the PRIVATE
DRAINAGE EASEMENT (PDE) POINT OF BEGINNING,
Thence continuing with said curve and right—of—way 6.45 feet along the arc whose chord
bears South 09 degrees 47 minutes 51 seconds East a distance of 6.45 feet;
Thence leaving said right—of—way line South 51 Degrees 00 Minutes 55 Seconds West, a
distance of 60.19 feet to the beginning of a non—tangent curve to the right having a
radius of 11181.97 feet and a central angle of 0 Degrees 46 Minutes 28 Seconds and
being subtended by a chord which bears South 09 Degrees 14 Minutes 36 Seconds
East 151.14 feet,
Thence southerly along said curve, a distance of 151.14 feet to the PDE southeast
corner,
Thence South 89 degrees 46 minutes 20 seconds West, a distance of 306.37 feet to the
PDE southwest corner,
Thence North 00 degrees 13 minutes 40 seconds West, a distance of 166.24 feet to the
PDE northwest corner;
Thence North 89 degrees 46 minutes 20 seconds East,
a distance of 279.86 feet,
Thence North 51 Degrees 00 Minutes 55 Seconds East, ..........................................
NOAH C. BOYDSTON
a distance of 37.28 feet to the southwest corner of a Drainage •••• ......................zr•••••
Easement for Highway Purposes to the State of Texas *..-P 6353
9 y P
Q-
as filed in TCCIN D212317673; al't'o sURNEyo
V
Thence with the south line of said easement North 78 degrees Date: Mar 4, 2016
59 minutes 53 seconds East a distance of 19.97 feet to the Surveyed on the Ground:
PDE Point of Beginning containing 49,559 square AUGUST 17, 2015
feet (1.137 acres) more or less.
Sheet 4 of 4
Exhibit B-1
Design Specification for Facility
Stage-Storage-Outflow for Specific Water Surface Elevations
Water
Outflow Surface Orifice a Orlflce a 0(a) Orifice b Orl/lce b 0(b) Orifice c OHflce c Q(c) Orifice d Orifice d Q(d) Total Q Q Allowable
Stage Elevation Diameter Elevation cfs Diameter Elevation cfs Diameter Elevation cfs Diameter Elevation cfs cfs of$
Q(1) 624.75 0.83 622.77 3.68 0.83 623.75 2.61 0.83 625.28 0.00 0.99 626.78 0.00 6.30 6.40
Q(5) 625.61 0.83 622.77 4.41 0.83 623.75 356 0.83 625.28 1.50 0.99 626.78 0.00 9.47 9.70
Q(10) 625.98 0.83 622.77 4.69 0.83 623.75 3.90 0.83 625.28 219 0.99 626.78 0.00 10.78 11.10
Q(100) 627.20 0.83 622.77 5.50 0.83 623.75 4.85 0.83 625.28 362 0.99 626.78 2.41 16.39 16.40
Water
Outflow Surface Pond
Stage Elevation Volume
Q(1) 624.75 33,381.7
Q(5) 625.61 54,317.0
Q(10) 625.98 63,869.9
MOO) 627.20 98,304.5
�Q
N
7
Q(100)-from Grant Plans = 17.3 cfs
Flow over 7' Width: 2.47 fps
Ts = 155 pcf -�
Tw = 62.4 pcf
D(50) = CV / 1.8 2g(Ts-Tw)/Tw
v
D(50) = 0.37'
6" Bedding Gradations 8" RipRap Gradations S
Sieve Size Percent Sieve Size Percent
Sq. Mesh Passing Sq. Mesh Passing
3" 100 10" 100
1-1/2" 55-100 8" 70-100
3/4" 25-60 6" 50-75
3/8" 5-30 3" 20-40
No.4 0-10 1-1/2" 0-15
BOYDSTON DusioN8, INC.
y�+PtN.4F TF 4SI�t 222 W.ExAnnge Ave.,5uike 103
Port Worth,n(7616+
..............
e.c. em.N....:...
(� Voice,817 626-7870 f axs 817 626-7879
....................
�g9Et•
4626 ..... Civil Engineering*Surveying-Land Planning
ff�iF aNA �= E. Reg.# F-11307 • S. Reg.#10193818
Mar 29, 2016
Exhibit B-2
Detention Pond Exhibit
C
Plan "View
S�C��1 e g -
I
ILII - J
1 I ( 6Wide FLume B
fid' 1 1
l' 1 1
1 >IPR7j
A l 1 1
\
H
a'
0.5� Ramp 15q Max ,
( Ii A 10' Min. Width �� 1
-` - .
if;
C i ? , t
60 FEET i € = Slap_e
1 1
On e In ch -
Section C—C N'
Outflow Structure
Ic 7/1
ffl
100 Yr Water LA 6jO
Surface II
Devotion — 62720
Connect to isting
o
roposed 36" RCP`
Flow Un, o Proposed FLume 0.507 o onnect to Exist.
6201
0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00
GFe#ii
Profile >.:.::..... 3..W
.c,••eo.osioN n BOYDSTON DESIGNS, )INC.
Scale 46267 222 W.Exchange Ave.,juite 105
It9�ONAL � Fort Worth,TX 7,516+
Mar 23, 2016 Voice:817 626-7878 - Fax:817 626-7879
60 Feet Civil Engineering-Surveying-Land Planning
E. Reg.# F-11307 • S. Reg.#10193818
Exhibit B-2
Detention Pond Exhibit
2'X 4'0 W Slot
A/I Sldes Bottom of Overflow 627.50
Orifice (d) - 10'Sch 40 PVC
Center Elevation- 626.78
V(100) WS E/ev.-627.20 011fice (c) - 10'Sch 40 PVC
Center Elevation- 625.28
V(10) WS Elev.-625.98
V(5) WS Elev.-625.61 I O.Iyce (b) - 10'Sch 40 PVC
V(1) WS E/ev.-624.75 I h 2.00' Center Elevation- 62.775
A
I Bottom Elevation: 622.35
.0
Orifloe (a) 10'Sch 40 PVC
Center E/evatlon- 62277
6.00'
Using Weir Formula Emergency Overflow
Po
Q = C L H x(312) Q = CA 2gh
C = 3.367 C = 0.6
i ~iI lit L = 0.67 A = 2 X 4 X 4 N
H = 2 h = 1.0
_ - F_ l - 16 LF of Weir Q = 217.9 cfs
.50'' _ .
j _ 1 -' i -5" 3000,f_Reinf. Cones Flume
Q= 102 cfs
r.
Mot flume for Detention Pond 3
O
'
cV 17.50 #3 Bars 0 18" CCEW
See Grant op ,
Engineering — N 6.00 8" Rock RipRap
Plans for
Con tinuation Match Slope of
I CI II II II I�I I CI I�I 11.I I�I I�I I — �^ !�
1 I_ I i�I II I r i�I I�I i�i i iii i'X111-1 ii i De ten tion Pond
6" Bedding
5" 3000# Rein f.
Section B—B Conc. Slope Protection
Slope Protection Detail
Scale: 1" = 6 Feet
BOYDSTON DmaN8, INC.
e,z;.°F...0111 " (� 222 W.lff.=hangeAve.,5ufte 103
f 't,/� Port�11/orth,TX 76164
..'If.......................'./
e c BOYDSTON Voiceo 817 626-7878 - Faxs e 17 62,6-787Y
46267 es Civil Engineering*Surveying.Land Planning
�hoNAE. Reg.# F-11307 • S. Reg.#10193818
Mar 24 2016
Exhibit B-3
Landscape Plan
4' High Wrought Iron Fence (Typ)
10'
Wide Access Gate
N
F
_.. w _ _ Z-4
xs -x x x
Pond is to be seeded with Bermuda Grass 60 FEET
One Inch
or Fescue depending on season. 759 coverage
shall be established.
N
The Landscaper shall develop an irrigation plan
that adequately irrigates the trees as a part of his ti
landscape installation for the hotel. See Grant y
Engineering Plans.
BOYDBTON OnsiGN8, INC.
�p:E.°F..•'F,,I� l.T»�AJ,C�" 222 W.Exchansa Ave.,Suite 10$
Port Worth,TX 7616+
i...f............YDS......O.:.
B.C. B0ONj Voice-a 17 626-7878 e 17 626-787Y
...........46 Civil Engineering*Surveying.Land Planning
E. Reg.# F-11307 • S. Reg.#10193818
Ma 2,% 2016
Exhibit C
OPERATIONS AND MAINTENANCE PLAN
The site should be mowed at least monthly during the growing season. A line trimmer should be utilized
to remove the taller grasses from the rock rip-rap areas. Wooded growth should be removed.
The site should be inspected for erosion conditions in April and in October. Any erosion identified
should be filled and protected with erosion control blanket and re-seeded as appropriate.
The irrigation system should be inspected and tested in April and winterized in October.
The pond should be inspected for silt accumulation. Any silt observed should be removed and disposed
of offsite. The area affected should be re-seeded.
The outfall structure should be inspected for subgrade failures, settling, and or cracking. Failures should
be corrected as soon as they are identified.
The maintenance checklist should be completed and submitted to the City of Fort Worth at the end of
inspection and maintenance in November.
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