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Home My WebLink AboutContract 49597 3456 ?a 9 CITY SECRETARY �FcEivE CONTRACT NO. N Stip '62011 -o oRTH � * CIN N SOCRETARY �A STORMWATE ITY MAINTENANCE AEEMENT THIS AGREEMENT, made and entered into this day of OVUM ✓ 2017, by and between FW Alton Park, LP, acting by and through , 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 10.906 acre tract located in the Joseph Bowman Survey, Abstract 81 and the James J. Bowman Survey, Abstract 99, Tarrant County, Texas according to the deed recorded in Instrument No. D217120504, 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 Alton Park Apartments 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 Rev.11/17/2016 CITY SECRETARY �'.WORTH,T% 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.1111712016 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 sus 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.11/17/2016 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.11/17/2016 Executed this__L day of 20/"1 Landowner: FW Alton Park, LP City of Fort Worth By: FW Alton Park GP,LLC a Texas limited liability company Jes . Chapa By: Fort Worth Affordability, Inc. Assistant City Manager a Texas non-profit corporation Sole Member Approved as to Form and Legality By: Name: ary-Mar aret remons Title: Secretary/Treasurer Contract Manager: Xssistant City Attorney T Name: Title: ity Secretary � pF FO!Q AS.. OFFICIAL R11CORQ CITY SNORMITARY ISR IOW",TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11117/2016 STATE OF TEXAS § COUNTY OF TARRANT § ' S This instrument was acknowledged before me on _ 6, `7 by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. _'n HIRRUNGER i e Frur)jjc,State of Texas t t Expire$02-02-2016 � :'JWOTY 10 12414474-6 it - �� t Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 30th day of JUNE 2017, personally appeared MARY-MARGARET LEMONS 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 FW ALTON PARK, LP AND ITS ASSIGNEES , and that he executed the same as its SECRETARY/TREASURER and as the act of such and for the purposes and consideration expressed in the foregoing instrumen N State Texas P , JL rKw SYDNEE JEANAR FREEMAN * * NOTARY PUBLIC State of Texas Comm.fes.03/06/2018 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 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. die S. Morales Development Manager EXHUT 'A' LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N 60°51'26' E 93.72 L10 N 25°43'12` E 1,00 L2 N 88.10'52• E 11.59 L11 N 60°54'03' E 153.35 L3 S 64'16'48' E 24.38 512 S 47°38'48' E 126.37 L4 S 13°05'18' E 7.39 L13 S 10°57'48' E 16.04 LS S 25°43'12• W 115.24 L14 S 25'43'12' W 54.59 L6 N 64.16'48' W 14.00 L15 S 70.43'12' W 14.14 0 60 L7 N 25.43'12' E 39.00 L16 N 64.16'48' W 92.22 L8 N 64°16'48" W 79.23 L17 5 70°43'12` W 17.98 SCALE IN FEET L9 N 64°16'48' W 104.08 LEGEND: 1 P.O.B. = POINT OF BEGINNING I \u.F. P.O.C. = POINT OF COMMENCING THE VILLAGES OF C4B,A SLN 9020 P.O.C. IRF = IRON ROD FOUND P.R.T.C.T. CIRF = CAPPED IRON ROD FOUND MARINE CREEK 518'IRF AC = ACRES Cab.A,Slide 9020 \ \ 36 SF = SQUAREFEET \ � P.R.T.C.T. A f 39 �G \\ 37 I ,- `� 15'D.E /\s ` NOL. 1372J, PG. 161 1 a+ o.Rre.T. I +03 �N \ Lot 1, Block 1 40 1 p 8�°5h �� 5/8"IRF VILLAS OF .S/O TRACT 2 MARINE s 1 _ — _ STORMINATER CREEK — — — ` DETENTION POND Cab.A, Slide 4236 S 7 o `- — — — —J FACILITY r P.R.T.C•T. ` 4j'OGe 49 0.416 AC La r / 5/8"CIRF 146,7-1-r--S 18,105 SF `DSM" 1 /(Ib" � Bj P.O.B. 7 Lot 1,Block A 1o' 'r.u.E.'us. �cyCt) L2 / LINDBERGH &6UWNC. LINE N�/+� <3 A5 PARC W.A SLIDE 4236 P.R.LC.f, CO Nr LIMITED GENERAL WARRANTY DEED ADDITION til G, 'i� �O X- L & S LAND COMPANY Cab.A,Slide 10964 4�y 75%INTEREST P.R.T.C.T. Cal �'(Z 1( PWB INTERESTS, LTD. / P.O.B. Otis F}+•G,� Psi v 25%INTEREST / p• ,�9A DOC.NO.D205069857 5+ OP.R.T.C.T. NOTES: / MAODOX SUR"NG & MAPPING INC THE SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS, ENCUMBRANCES, OR P.O. BOX 2109 ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. FORNEY, TEXAS 75126 THE BASIS OF BEARING FOR THIS SURVEY IS THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE (972) 564-4416 (4202), GEODETIC BEARING ESTABLISHED BY GPS MEASUREMENTS TAKEN ON THE GROUND JANUARY 5. 2015 Firm Registration N0. 1001J200 AND COMPUTED BY Online Positioning User Service (OPUS) OFFERED BY THE NATIONAL GEODETIC SURVEY. L & S Land Company (75% Interest) and PWB Interests, LTD. (25% Interest) F.t� SITUATED IN THE JOSEPH BOWMAN SURVEY,ABSTRACT NO.81 AND A�yt S TF•• .f THE JAMES J.BOWMAN SURVEY,ABSTRACT NO.99 �?Qti • AE•'4 ....1.. CITY OF FORT WORTH,TARRANT COUNTY,TEXAS ........BRIAN J. MADDOX STORMWATER DETENTION POND FACILITY "" TRACT 1-5,794 SQUARE FEET,OR 0.133 ACRES5430 p: TRACT 2-18,105 SQUARE FEET,OR 0.416 ACRES SURy�,.� SKETCH SHOWING A PORTION OF A TRACT OF LAND TO L&S LAND COMPANY(75% y'` INTEREST)AND PWB INTERESTS,LTD.(25%INTEREST)AS RECORDED IN INSTRUMENT NUMBER D205069857 OF THE OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS PAGE f OF 3 APRIL 24, 2017 { t EXHIW. 'A' TRACT 2 FIELD NOTES DESCRIPTION: 0.416 ACRE STORMWATER DETENTION POND FACILITY BEING a tract of land situated in the Joseph Bowman Survey,Abstract No.81 and the James J.Bowman Survey,Abstract No.99 in The City of Fort Worth,Tarrant County Texas and being a portion of a tract of land to L&S Land Company(75% Interest)and PWB Interests,LTD.(25%Interest)as recorded in Instrument Number D205069857 of the Official Public Records Tarrant County,Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for an inner ell comer of Lot 38,Block 10 of The Villages of Marine Creek,an addition to The City of Fort Worth as recorded in Cabinet A, Slide 9020 of the Plat Records of Tarrant County,Texas; THENCE South 60 degrees 54 minutes 03 seconds West along a southeast line of said Villages of Marine Creek Addition,a distance of 208.57 feet to a 5/8 inch iron rod with cap stamped"DSM"found for the east comer of Lot 1,Block 1,Villas of Marine Creek,an addition to The City of Fort Worth as recorded in Cabinet A,Slide 4236 of the Plat Records of Tarrant County,Texas and for the south comer of Lot 40,Block 10 of said Villages of Marine Creek Addition; THENCE departing said southeast line and through the interior of said of said L&S Land Company(75%Interest)and PWB Interests,LTD.(25%Interest)tract the following courses and distances; South 75 degrees 47 minutes 00 seconds East,a distance of 146.71 feet to the POINT OF BEGINNING of the herein described tract; North 64 degrees 16 minutes 48 seconds West,a distance of 104.08 feet to a point for comer; North 25 degrees 43 minutes 12 seconds East,a distance of 1.00 feet to a point for comer; North 60 degrees 54 minutes 03 seconds East,a distance of 153.35 feet to a point for comer; South 47 degrees 38 minutes 48 seconds East,a distance of 126.37 feet to a point for comer; South 10 degrees 57 minutes 48 seconds East,a distance of 16.04 feet to a point for comer; South 25 degrees 43 minutes 12 seconds West,a distance of 54.59 feet to a point for comer; South 70 degrees 43 minutes 12 seconds West,a distance of 14.14 feet to a point for corner; North 64 degrees 16 minutes 48 seconds West,a distance of 92.22 feet to a point for corner; South 70 degrees 43 minutes 12 seconds West,a distance of 17.98 feet to the POINT OF BEGINNING containing 18,105 square Feet,or 0.416 of an acre of land. The Basis of Bearings for this survey is based on the Texas Coordinate System of 1983,Texas-North Central Zone(4202). `Surveyors Certification` I,Brian J.Maddox,Registered Professional Land Surveyor Number 5430,State of Texas,do hereby certify to that this description and the sketch attached hereto were prepared from the public records and from an actual survey made on the ground. F '�P�G�STfq Briapd Maddox, yre Fo:tP R.P.L.S.No.5430 t.....................i... BRIAN J. MADDOX 4... 30 p y MADDOX SURVEYING & MAPP/NG INC. SUf;q P.O. BOX 2109 FORNEY, TEXAS 75126 (972) 564-4416 firm Registr06017 No. 10013200 PAGE 3 OF 3 APRIL 24, 2017 EX ,fBIT All' TRACT 1 FIELD NOTES DESCRIPTION: 0.133 ACRE STORMWATER DETENTION POND FACILITY BEING a tract of land situated in the Joseph Bowman Survey,Abstract No.81 and the James J,Bowman Survey,Abstract No.99 in The City of Fort Worth,Tarrant County,Texas and being a portion of a tract of land to L&S Land Company(75% Interest)and PWB Interests,LTD.(25%Interest)as recorded in Instrument Number D205069857 of the Official Public Records Tarrant County,Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for an inner ell corner of Lot 38,Block 10 of The Villages of Marine Creek,an addition to The City of Fort Worth as recorded in Cabinet A,Slide 9020 of the Plat Records of Tarrant County,Texas; THENCE South 60 degrees 54 minutes 03 seconds West along a southeast line of said Villages of Marine Creek Addition,a I distance of 208.57 feet to a 5/8 inch iron rod with cap stamped"DSM"found for the east comer of lot 1,Block 1,Villas of A Marine Creek,an addition to The City of Fort Worth as recorded in Cabinet A,Slide 4236 of the Plat Records of Tarrant County,Texas and for the south comer of Lot 40,Block 10 of said Villages of Marine Creek Addition; 7 THENCE departing said southeast line and through the interior of said of said L&S Land Company(75%Interest)and PWB Q Interests,LTD.(25%Interest)tract the following courses and distances; j r South 23 degrees 19 minutes 29 seconds West,a distance of 128.85 feet to the POINT OF BEGINNING of the herein described tract ° North 60 degrees 51 minutes 26 seconds East,a distance of 93.72 feet to a point for comer; North 88 degrees 10 minutes 52 seconds East,a distance of 11.59 feet to a point for comer; South 64 degrees 16 minutes 48 seconds East,a distance of 24.38 feet to a point for corner; South 13 degrees 05 minutes 18 seconds East,a distance of 7.39 feet to a point for comer; South 25 degrees 43 minutes 12 seconds West,a distance of 115.24 feet to a point for comer; North 64 degrees 16 minutes 48 seconds West,a distance of 14.00 feet to a point for comer; North 25 degrees 43 minutes 12 seconds East,a distance of 39.00 feet to a point for comer; North 64 degrees 16 minutes 48 seconds West,a distance of 79.23 feet to the POINT OF BEGINNING containing 5,794 square Feet,or 0.133 acres of land. The Basis of Bearings for this survey is based on the Texas Coordinate System of 1983,Texas-North Central Zone(4202). "Surveyors Certification' 1,Brian J.Maddox,Registered Professional Land Surveyor Number 5430,State of Texas,do hereby certify to that this description and the sketch attached hereto were prepared from the public records and from an actual survey made on the ground, Brian J addox, �P G R R.P.L.S.No.5430 y'� o•.tA t.....................r.. BRIAN J. MADDOXY11% x. ...5430 �.. 14 r� y4'"•• MADDOX RNKINNG d;MAPPING INC. SURA P.O. BOX 2109 FORNEY, TEXAS 75126 (972) 564-4416 Firm Registrotion No. 10013200 PAGE 2 OF 3 APRIL 24, 2017 �1 �� .•�� `ISP �'\.\ �� • r •`\ � SII ''y,►�",� l: �`PI�®� ` 1 � �e8 �\ .`!��,�, r�I � � :.•. � ®®�� /fir. ^1 P eo o d V �.r n^ a Coo C M x O f t CL �I 3 Q m CL t i o o i V C \ X Q W i� w �� yy C ad o o [e Z e\ Cet;Rn ooi H �„ m n s® 41 1\ A o O r 7 a m a za P ^n a 6 J N OOO Ea LJ R a R e CL " S I " C Q o V N E .0 O H co U. 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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.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- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 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 1 O Rev.11/17/2016