Loading...
HomeMy WebLinkAboutContract 48117 DOE # NA CITY CONTRACT�o. ECEJVEp AUG 24 2016 STORMWATER FACILITY `OFFORT- MAINTENANCE AGREEMENT THIS AGREEMENT,made and entered into this day of , L�l by and between Cowtown 2000, LLC, acting by and through Jerry, 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 7.353 acre tract located in the D.C. Harrison Survey, Abstract 658, Tarrant County, Texas according to the deed recorded in Document No. D21212492, 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 DPS Center 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 Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev.12/29/2014 FT. WORTH, TX 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND ]DEFEND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 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. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.12/29/2014 Executed thisa,J ' day of_ 1--2016. Landowner City of Fort Worth f^ J 1 �-- Name: L,Jerry Reed 4OFft enda-Ebst�Tts,cl`S[ r Assistant City Manager Title: Principal Approved as to Form and Legality Assistant C' y ttorpeyr ATTEST OR o� City Sec6gry Q m J(qS OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.12/29/2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by u's a, Assistant City Manager of the City of Fort WA h, on befialf of the City of Fort Worth. TRIKINYA L JOHNSON aY Pu ;�tip•....e c,%Notary Public, State of Texas Comm. Expires 04-17-2018 Notary Pu ic, St of Texas Notary ID 1238832-0 STATE OF TEXAS § COUNTY OF TRAVIS § Before me, the undersigned authority on this O day of /M.4 x , 2016, personally appeared Jerry R. Reed, 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 Cowtown 2000, LLC, and that he executed the same as its Principal and as the act of such Landowner and for the purposes and consideration expressed in the foregoing instrument. P ayP i NotaryA RUIN A. SMITH otary Public, State of Texas Zv' ` MY commission of Texas mission Exp es January 12, 2019 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 12/29/2014 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.12/29/2014 LEGAL DESCRIPTION BEING a part of the D. HARRISON SURVEY, Abstract Number 658,embracing a part of Lot 1, Block 1 of DPS CENTER,an addition to the City of Fort Worth, Texas according to the plat thereof recorded in Instrument No. D212124942 of the Official Public Records of Tarrant County, Texas,and being a part of the tract of land as described in deed to Cowtown 2000, LLC,A Texas Limited Liability Company,as recorded in Instrument No. D212135097, of said Official Public Records, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/"iron rod found for the southeast corner of said Lot 1, Block 1 of DPS CENTER,and the southwest corner of Lot 1, Block 1 of RACETRAC EASTCHASE, an addition to the City of Fort Worth,Texas according to the plat thereof recorded in Cabinet A, Slide 8812, of the Plat Records of Tarrant County,Teas,and on the north right-of-way line of Brentwood Stair Road, then run North 21033'48" East, along the east line of said Lot 1, Block 1 of DPS CENTER,and the west line of said Lot 1, Block 1 of RACETRAC EASTCHASE, a distance of 10.11 feet to a point at the beginning of a non-tangent curve to the right,then run in a northwesterly direction, departing said east line of Lot 1, Block 1 of DPS CENTER and said west line of Lot 1, Block 1 of RACETRAC EASTCHASE, with said curve to the right, having a central angle of 1°33'51",a radius of 780.00 feet,an arc length of 21.29 feet and a long chord bearing and distance of North 59 000'01"West,21.29 feet to the southeast and BEGINNING corner of easement being described at the beginning of a non-tangent curve to the right; THENCE in a northwesterly direction,with said curve to the right,having a central angle of 14 050'43", a radius of 780.00 feet, an arc length of 202.10 feet and a long chord bearing and distance of North 50°47'44"West,201.53 feet to a point for comer from which a 5/8" iron rod found marked "DUNAWAY"on the south line of said Lot 1,Block 1 of DPS CENTER,and said north right-of-way line of Brentwood Stair Road, bears South 47°56'04"West,a distance of 10.00 feet; THENCE North 40 045'58"West,a distance of 27.12 feet to a point for corner: THENCE North 24 008'53"East,a distance of 37.00 feet to a point for corner; THENCE South 65 051'07"East,a distance of 214.62 feet to a point for corner from which a 1/"capped iron rod found marked "BEASLEY"at an ell corner on the east line of said Lot 1, Block 1 of DPS CENTER,and the northwest corner of said Lot 1, Block 1 of RACETRAC EASTCHASE, bears North 30 022'42"East,a distance of 137.07 feet; THENCE South 21 033'48"West,a distance of 100.95 feet to the POINT OF BEGINNING and containing 16,232 square feet or 0.3726 of an acre of land. EXHIBIT "A" OF T DRAINAGE EASEMENT *: �c part of Lot 1 , Block 1 JAMES PAUL WARD JAMES PAUL WARD DIPS CENTER REGISTERED PROFESSIONAL ... ....................... City of Fort Worth, Tarrant County, Texas LAND SURVEYOR NO. 5606 ' .0 5606 P• 801 CHERRY STREET, UNIT 11 <9 '�OFESS�o 'off SUITE 950 "� SUR11- Kimlev))) Horn FORT WORTH, TEXAS 76102 801 Cherry Street,Unit 11,# 50 At Tel.No.(817)335-e511 PH. 817-335-6511 Fort Worth,Texas 76102 FIRM#10184040 v Aimley-hom com 12 rate Drawn by Checked by Date Project 80 Sheet No. paul.ward @kimley-hom.COm ��r/(p N/A FCN JPw 04/12/2018 081283802 1 OF2 WARD,PAUL 4/12/2016 10 18 AM K:\FTW SU 061283802-DPS EASTCHASE\DWG\061283802-DPS EASTCHASE DRAINAGE EASEMENT.DWG 0 30 60 \ NORTH \ GRAPHIC SCALE IN FEET LOT 1, BLOCK 1 \ DPS CENTER \ INSTRUMENT NO. D212124942 \ PRTCT \ 1/2"CIRF "BEASLEY RPLS 4050" \ \ COWTOWN 2000, LLC O^ \ ^ A TEXAS LIMITED LIABILITY COMPANY / \ P ` INSTRUMENNTPRNO. 0212135097 � / =� ; 29'A L6 DRAINAGE EASEMENT,/ / ,V C, / 0.3726 ACRES /� ��o\ ► ' 169232 SQ. FT. ,,';/77 1 LINE TABLE 0dL G'a'y G NO. BEARING LENGTH J �9� CJ Q>�'dj�� L1 N40045'58W 27.12' \ �� / 0 ciG L2 N24°08'53"E 37.00' L3 S65°51'07"E 214.62' A=16°32'11"- Aod G R=790.00' L4 S21°33'48"W 100.95' L=228.00' E6 L N21°33'48"E 10.11' CB=S51°37'29"E \ P.O.B. C2 L5 ° C=227.21' \ "O" "S47 58'04"W 10.00 ?, ip CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD ` \ C1 14°50'43" 780.00' 202.10' N50°47'44"W 201.53' C2 1°33'51" 780.00' 21.29' N59 000'01"W 21.29' \ \ LINE TYPE LEGEND --� BOUNDARYLINE EXHIBIT "A,, - - EASEMENT LINE DRAINAGE EAS E M EN T P.O.B.=POINT OF BEGINNING part of Lot 1, Block 1 P.O.C.=POINT OF COMMENCING DPS CENTER IRF=IRON ROD FOUND CIRF=CAPPED IRON ROD FOUN City of Fort worth, Tarrant County, Texas C.M. =CONTOL MONUMENT OPRTCT=OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS PRTCT=PLAT RECORDS TARRANT COUNTY TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11,#950 Tel.No.(8 17)335.8511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale I Drawn b Checked by I Date Proiect No. I 7heet No 11"=80' FCN JPW 041122018 1 061283802 2 OF 2 WARD PAUL 4/12/2016 10:18 AM K:\FTW SURVEY\061283802-DPS EASTCHASE\DWG\061283802-DPS EASTCHASE DRAINAGE EASEMENT.DWG EXHIBIT "B" INSERT PLAN AND SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.12/29/2014 NOB lM lain�'� ••�C,� Hsf b`M31'H1LPM 1tl0� _ N av a aoo v Nye lws N did o LlJOH(K/�a�Ull� NR1 p1Ly0 NOLLIoaV 3SN3on ONIAVd 4Md 311S pp .'�"a'We'�1 Skawma wtokam0o i a O O� tef ----------------- yl 1 i 4 r �, . o cc EL , CY) -000©©©o I s ! i �I. I 7 ri r rl � of Cip I �" X19• �°�� ��It • le, c 0 , � III ♦M � 1 a - - ' , V ! , o+a - -- r @y X co CD ♦ 1 -Irq lay__', r _ - II r•fi, i II y°9 0 ! _I J f « �II Il •Itl� i I i ------- ` II I _ I I I 1 11 CD v ! t g -ma N O al 1 �•. 11 all 1 _ 1 EASTCMASE PARKWAY ♦ � ¢ ,� G f �•I�I I f 1 ie Kiml >Horn GRADING AND n COMMERCIAL DRIVERS ey ay )� LICENSE ADDITION a wDRAINAGE PLAN am111RBfrR STMRRONI - Farr VAMM,row 111]11 •i YYO �1 ®.0 w �I♦ 1R mv.'w� J H 3SVHd wis OOOVJNA °o wut.■Y Y.,'� 'asua■aelw \ FMM ONY ■Lm NOLLIOOV 3SN30I1 NV-W A US3 OJ uJOH(<<Aajw.rA •""ro° S83AIHO Nb'9an . t - as 19MU "a Vj Oj n ° p Mal Q ArM1Y1Y DMAiM --------------- cc tee;; __ II cc aa) X IWI , i L a.� 4A 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 8 Rev.12/29/2014 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pond Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- ' Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.12/29/2014 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.12/29/2014