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HomeMy WebLinkAboutContract 49271 9� CITY SECRETARY RECEIVED CONTRACT NO. q47Z a JUL102017 SOUTHLAND BUSINESS PA CITY OF FORT WORTH SWM-2017-0084 CITY SECRETARY w STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into thi3'day of y by and between Fort Worth Everman/Risinger Development, LLC, acting by and through Edward P. Roski, Jr., 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 5.9614-acre tract located in James J. Scott Survey, Abstract 1449, Tarrant County, Texas according to the deed recorded in Instrument No. Q217118440, Official Public 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 Southland Business Park 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 STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD 1 Rev.11/17/2016 CITY SECRETARY 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.11/17/2016 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.1111712016 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 casement 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.11/17/2016 Executed this C�—day of n 2017. FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC City a Texas limited Partnership City of Fort Worth By: Majestic—Everman Investor, LLC, a Delaware limited liability company, its Managing Member By: Majestic Realty Co., a California corporation, Manager's Agent a e: Mwvard P. Roski, Jr. Jesus J. Chapa Assistant City Manager Title: EDWARD p ROSKI, JR. i'rosidant and Cheirmn of the Board Approved as to Form and Legality s 'istant City Attorney ATTEST O�FQRT G1i0 % A. U` SPS OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CIT ■ SECRETARY5 FT.WORTHo Rev.11/17/2016 TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ( by Jesus J. Chapa, Assistant City Manager of the City of Fort Wordi, on behalf of the City of Fort Worth. MARIA S SANCHEZ ?, My e c mbar 19, Expires Not Public, State of Texas December 19, 2017 STATE OF CALIFORNIA § COUNTY OF § Before me, the undersigned authority on this day of 2017, personally appeared known to me to be the person whose name is subscr' d to the foregoing instrument and acknowledged to me that the saftte, is the act of and that executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of California STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On June 9th, 2017 before me, Daniella Noel Garcia, Notary Public (insert name and title of the officer) personally appeared Edward P. Roski Jr. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DAMERA NotarP bNOECaEL Aorn a Los Angeles County i Z • D Commission #2160178 / My Comm.Expires Jul 17,2020 Signature (Seal) EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 LEGAL DESCRIPTION BEING a tract of land situated in the JAMES J. SCOTT SURVEY,Abstract Number 1449,City of Fort Worth,Tarrant County, Texas;embracing a portion of a called 112.3316 acre tract of land described in deed to Fort Worth Evennan/Risinger Development, LLC,as recorded in Instrument No.D217118440 of the Official Records of Tarrant County,Texas and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2•iron rod found at a reentrant corner of said 112.3316 acre tract and being at the southwest comer of called 6.3580 acre tract described in deed to Lynn Smith as recorded in Volume 15346,Page 157 of the Deed Records of Tarrant County,Texas; THENCE South 30°56'34'West,over and across said 112.3316 acre tract,a distance of 24.67 feet to the POINT OF BEGINNING of easement being described,- THENCE escribed;THENCE over and across said 112.3316 acre tract the following: South 89026'22"East,a distance of 115.55 feet to a point at the beginning of a non-tangent curve to the right from which a 5/8'iron rod with cap stamped•KHAe recovered at a northeast comer of said 112.3316 acre tract and on the south line of said 6.3580 acre tract bears North; In a southeasterly direction,with said curve to the right having a central angle of 89°27'19",a radius of 26.60 feet,an arc distance of 41.53 feet and a chord bearing and distance of South 45°3907"East,37.44 feet to a point for comer, South 2"04'56"East,a distance of 101.54 feet to a point for corner, South 1.50'52"East,a distance of 557.42 feet to a point for corner from which a 5/8'iron rod with cap stamped 'KHA'recovered at a reentrant comer of said 112.3316 acre tract bears North 4'1900'East,over and across said 112.3316 acre tract a distance of 7.11 feet; North 89"51'55"East,a distance of 50,20 feet to a point for comer from which a 5/8'iron rod with cap stamped 'KHA'recovered at a northeast comer of said 112.3316 acre tract bears North 27'01'04'East,over and across said 112.3316 acre tract,a distance of 8.19 feet; South 0°36'59"East,a distance of 507.22 feet to a point for corner, South 88'1447"West,a distance of 211.44 feet to a point at the beginning of a non-tangent curve to the right; In a northwesterly direction,with said curve to the right having a central angle of 90"01'40",a radius of 47.00 feet,an arc distance of 73,85 feet and a chord bearing and distance of North 45°43'51"West,66.48 feet to a point for comer, North 1°30'25"West,a distance of 158.85 feet to a point for corner; North 0.57'20"East,a distance of 265.10 feet to a point for corner, North 0.37'41"East,a distance of 598.41 feet to a point for corner, North 0°29'54"West,a distance of 96.89 feet to a point at the beginning of a non-tangent curve to the right; In a northeasterly direction,with said curve to the right having a central angle of 45.08'47",a radius of 29.00 feet,an arc distance of 22.85 feet and a chord bearing and distance of North 21°58'46"East,22.26 feet to a point for comer, North 44°33'09"East, a distance of 6.50 feet to a point at the beginning of a tangent curve to the right; in a northeasterly direction,with said curve to the right having a central angle of 45'02'40",a radius of 29.00 feet,an arc distance of 22.80 feet and a chord bearing and distance of North 67°0430"East,22.22 feet to the POINT OF BEGINNING and containing 5.9614 acres or 259,680 square feet of land. �EoFr DRAINAGE EASEMENT GIs y:p� s moo•; part of JAMES J. SCOTT SURVEY, . .... . ...s . . ..s. . JAMES PAUL WARD ..... Abstract No. 1449 REGISTERED PROFESSIONAL .�f. PAUL WARD• f City of Fort Worth, Tarrant County, Texas LAND SURVEYOR NO. 5606 f- : ;:'�! 801 CHERRY STREET,UNIT 11 SUITE 950 SUM Kim1qy* Horn FORT WORTH, TEXAS 76102 801 Cherry Street,Unit 11, Tel.No.(817)335-6511 PH. 817-335-6511 Fon Worth,Texas 76102 FIRM a 10194040 w Ajrntey-hornxom )1�7Stele I Drawn by I Checked by De1ePmiect No, I Sheet No. 16 paul.ward@kimley-horn.com fJ �a 's r3/. w N/A FCN JPW 03/J1@017 051282600 1 OF4 NANCE,FORREST 5/31/20171:47 PM K:\FT VEY10612826001-MAJESTIC SOUTH FREEWAY\DWG\EASEMENT EXHIBITS\061282600-SOUTHLAND13USIt4ESSPARK ADDITION ONSITE POND EASEMENT.DWG LINE TABLE NORTH NO, BEARING LENGTH Li S30'56'34W 24.67' 0 250 500 L2 N89°26'22W 115.55' GRAPHIC SCALE IN FEET L3 N62'15'37'E 49.81' CURVE TABLE L4 502'04'56'E 101.54' NO. DELTA RADIUS LENGTH CHORD BEARING CHORD L5 S01'50'52'E 557.42' C1 89°27'19' 26.60' 41.53' S45'3W07'E 37.44 L6 889'51155"W 50.20' C2 90'01'40" 47.00' 73.85' N45'43'51'W 66.48' L7 S00'36'59"E 507.22- C3 45°08'47" 29.00' 22.85' N21'5846'E 22.26' LB S88'14'47W 211.44- C4 45'02'40" 29.00' 22.80' N67'0430'E 721.84' L9 N01'30'25°W 158.85' - - - - - - � L10 NQO°57'20'E 265.10' L11 N00'37'41'E 598.41' L12 N00'2954"W 96.89' M� L13 N44'33'09"E 6.50' 1 L14 N04'10'00'E 7.11' L15 N27°01'04"E BAA 112.3316 ACRE TRACT FORT WORTH EVERMAN/RISINGER ` DEVELOPMENT,LLC INSTRUMENT NO.D217118440 r n OPRTCT V_ 2 W DRAINAGE EASEMENT /- 5.9614 ACRES � 259,680 SQ. FT. l.l..l z DRAINAGE EASEMENT part of JAMES J. SCOTT SURVEY, LINE TYPE LEGEND Abstract No. 1449 BOUNDARY LINE City of Fort Worth, Tarrant County, Texas EASEMENT LINE Ki!plpy NOTES >>> Horn B01 Cherry Sl , 1, Tel.No.(817)335.6511 For(Worlh,Texas 76102 FIRM Y 10194040 w kimley-hom.com Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202),North American Datum of 1983. s_0 orFCNawn by Checked 6v Dale 061Pru28!60 Sheet No 1"=500' FCN JPW 05/31/2017 061282600 20F4 NANCE,FORREST 5/31120171;47 PM K1FTW_SURVEY1061282606_1-MAJESTIC SOUTH FRE EWAYIDVJGIEASEMENT EXHIBITS5061282600-SOUTHLAND BUSINESS PARK ADDITION-ONSITE POND EASEMENT.DVoG I CALLED 6.3580 ACRES NORTH n s 0. C. � LYNN L.SMITH r C. VOLUME 15346,PAGE 157 0 50 100 1/2`IRF DRTC7 5/13'IRRC 589'38'59"W 146.95' GRAPHIC SCALE IN FEET P.O.B.VC4 L1�1 �,"— L3--•,.'` L13 �+ C3� � I N r J 112.3316 ACRE TRACT FORT WORTH EVERMANIRISINGER DEVELOPMENT,LLC INSTRUMENT No.D217118440 OPRTCT �o ti DRAINAGE EASEMENCqT 5.9614 ACRES 259,680 SQ. FT. o REMAINDER OF LOT 1R-1,BLOCK 1 LONE STAR SUBDIVISION VOLUME 388-123, PAGE 58 PRTCT J I L5 MATCHLINE PAGE 3 / REMAINDER OF MATCHLINE PAGE 4LOT 1R-1,BLOCK 1 LONE STAR SUBDIVISION VOLUME 38&123,PAGE 58 PRTCT LINE TYPE LEGEND BOUNDARY LINE -- __— EASEMENT LINE DRAINAGE EASEMENT LEGEND part of JAMES J. SCOTT SURVEY, P.O.B.=POINT OF BEGINNING Abstract No. 1449 CIRR=518"IRON ROD Wl"KHA"CAP RECOVERED City of Fort Worth, Tarrant County, Texas IRF=IRON ROD FOUND DRTCT=DEED RECORDS TARRANT COUNTY,TEXAS PRTCT=PLAT RECORDS TARRANT COUNTY TEXAS Kimlqy))) Horn NOTES 801 Cherry Slaet,Unit 11, Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 v—.kimley-horn— Bearing system based on the Texas Coordinate System of 1983, Scale Drawn by I Checked by ate P oiect No. 5 e e North Central Zone(4202),North American Datum of 1983. r•=100• FCN JPW o5mvzon 06128360, 0 OF4 NANCE,FORREST 5131120171:47 PM KAFTW_SURVEY%061282600_1-MAJESTIC SOUTH FREEWAY87WG\EASEMENT EXHIBITS\061282600-SOUTHLAND BUSINESS PARK ADDITION-ONSITE POND EASEMENT.DWG MATCHLINE PAGE 3 --- —.• REMAINDER OF NORTH MATCHLINE PAGE 4 LOT 1R-1,BLOCK 1 LONE STAR SUBDIVISION VOLUME 388-123,PAGE 51 0 50 100 PRTCT GRAPHIC SCALE IN FEET "- L5 j SEE DETAIL"A" 5/8"IRRC 5/8'[RRC 112.3316 ACRE TRACT — FORT WORTH EVERMAN/RISINGER DEVELOPMENT,LLC INSTRUMENT NO.D217118440 OPRTCT DRAINAGE EASEMENT D 10 2.0 J� 5.9674 ACRES DETAIL A r 259111680 SQ. FT. GRAPHIC SCALE IN FEET J 518"IRRC 518"IRRC N89°38'49"E 53AO' _ ;LIS v: DRAINAGE EASEMENT 5.9614 ACRES 259,680 SQ. FT. LINE TYPE LEGEND BOUNDARYLINE •� _��-- EASEMENT LINE DRAINAGE EASEMENT LEGEND part of JAMES J. SCOTT SURVEY, P.O.B.=POINT OF BEGINNING Abstract No. 1449 CIRR=518"IRON ROD W/"KHA"CAP RECOVERED City of Fort Worth, Tarrant County, Texas IRF=IRON ROD FOUND DRTCT=DEED RECORDS TARRANT COUNTY,TEXAS PRTCT=PLAT RECORDS TARRANT COUNTY TEXAS Kimley))) Ho NOTES rn 801 Cherry Slreel,Unit 11,#950 Tel.No,(811)335-6511 Fort Worth,Texas 75102 FIRM#10194040 w .kimley-hom.com Bearing system based on the Texas Coordinate System of 1983, s__;_ie Drawn 6v Checked 6v Dale Pmiect No. heel No. North Central Zone(4202),North American Datum of 1983. r=1m FCN JPW 05/3112017 1 061262600 4 OF4 NANCE,FORREST 5131120171:47 PM KaFTW SURVEYl061282600_1-MAJESTfC SOUTH FREEWAY0MrASEMENT EXHIBITSI061282600-SOLFfHLAND BUSINESS PARK ADDITION-ONSITE PONDEASEMENT.DWG EXHIBIT "B" STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/1712016 svAa171woM lana eo AIlJ dVW V3LM 3°JVNIVaO ZVd SSNS19_ _ IIVL3A0 C 3SVHd 8 ONVIH.LnOS ujoH*AajwrA 3AHM01 SNKId U NVId WMS!IVNId NOIlO(1 11SN00 WMS! I' 9I a I MWIAVMH91H31V1S831NF 8 a f r —I 3lIF 1 1e pF; � G 1� 1 . R � .- . . --- j, e 1IOOlB'XL IOI g o Fle Uj ! _. y �I lit iA f ' ...•>•. .._,:,. O '. ._. .I_ �i ..,, SAA =lAi._i t J.J ..-_..� w.. a-aaoa- s n_w MN o$ ml coo Kay�, LU at ll � a t1i{{l4ti ki tl S4{ttH'kH 14t t4i'.Htlti4l�tlt4�+- Q � � :. `.� � �8 a all fin �� .j1411i'a��ttti+i}iliN+ti\71Ni1'yHiillll+H+i� � � �� �a O - L+ I g1ji _ @ s 0 0 - R i �� '•�, � a a a a t 3� •� Ilag 7 ! Y 7 ( # 11 1 i i i i i 1 i 9r 1 P t t ;. g e x e t P,jt 9 Aq 1� 1f 3P � aaaa Yes iiI iI lit� .� 111 lei P P P tR $t i 9 • P i � i �} � 9 • i tl 9 i d[ s SSFi"6ne + kLt Y._�s:.RL t i tgg 830 ORE i 7 =cv 6eme E9 77 9 A• S SS S SS .a as-t 7 A•F 7ti7te S 7A Y 37919 :^� Y i7 l�3P � n ' I sa:c�I: 3 77� 3• i a@i? iitSA ti 2:S -iY--YE9aa t 79A99 7' u•is m-a9a9Y# A f� � �9 -ttls'�9,. Yi; . �Y se„�; y EG4 -4RE:tl � E MYSn YYi xY;� aa•93 aAi 9599 A� 1 `=• m�.9ee i� S S 7 d=5ts cr: stei g .� � .. ... .. ....; l97fA AFT 99 9 A7 Q• . ... .....; 7ti7t e 0 t ae :s 7 gg iSWM CONSTRUCTION FINAL iSWM PLAN CD 7 PLANS SOUTHLAND , KTO SERVE �mley>»HornONAGE CALCULATIONS BUSINESS PARK IN CITY OF FORT N10RTM,TE � b sVX31'H1aOM laDe io AllJ NUVd SS3NISns co e ONVIH1noS NVId ON10"S ONOd ujoH(((AalWI� ONI(ans v %*� ,` f I ��" d;l€ I i I !E E'• a p.1 w ,11 s�� ii.s�ldd� e 4Rp I@ 14 ,t ,fJ)�I 1 �_:s�� �cm, �� I I I I i• � �y�¢���f SeE spg!� ��!���!as@QQ a yai. = f pg g t �. 'ill ' IuI i 1 l� s:►e l�� Yz11 esFeBRiaa�o a , ijl ly l,' _j I : wo f 31 - ' qgg a kt I I I fill Itlypyp I!a �yaMf ...., �I I � I aEk 1 1 2 �� a♦1 a I II 7 lees \ e Y Y t � T . e 1 a II ¢ f� � VIII � �3 , 1 4, j II o 4 w y a r Lam_ u a R S E I 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 9 Rev.11/17/2016 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 and 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- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016 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 11 Rev.11/17/2016 FORT WORTH ° Stormwater INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Management Facility Name: Facility Agreement Number: Basin/Pond Number: Inspected By: Date: Type of Inspection:Annual_, Quarterly_, Monthly_, Routine_,or Storm Event_,(#days since event ) Basin Conditions: 1. Is there standing water or wet spots? Yes_No_Comments 2. Does sides or bottom show signs of erosion,settling,cracking,etc? Yes_No_Comments 3. Does dam or emergency spillway show signs of erosion,settling, cracking,or other problems? Yes_No_Comments 4. Is there evidence of animal burrowing in dam? Yes_No_Comments 5. Is there evidence of changes in shape or volume of basin? Yes_No_Comments 6. Do vegetated areas need mowing? Yes_No_Comments 7. Are there trees or woody growth in dam? Yes_No_Comments 8. Are there areas that need to be re-vegetated? Yes_No_Comments 9. Is there any accumulation of silt,trash,debris or litter in the basin? Yes_No_Comments 10.Are there any other basin maintenance activities needed? Yes_No_Comments Structural Components: 1. Are pipes,channels,trash racks,etc.free of obstructions? Yes_No_Comments 2. Are pipes,spillway or trash racks in need of repair? Yes_No_Comments 3. Is the low flow or trickle channel in need of repair? Yes_No_Comments 4. Is the outfall channel in need of repair? Yes_No_Comments 5. Are there any other structural maintenance activities needed? Yes_No_Comments Plan for correcting deficiencies: Signature: Owner's Representative Date: Form CFW-6 CFW-SEPTEMBER 2015 Appendix A A-17 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance +and reporting requirements. Name of Employee P5/c Title