HomeMy WebLinkAboutContract 49539 a
�ECCITY SECRETARY
Z2 WoR� CONTRACT NO.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day ol'Au� by and
between Roe 4461 Investments LLC, 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 2.645 acre tract located in the Coleman Boyd Survey, Abstract 212, Tarrant
County, Texas according to the deed recorded in Volume 3501, Page 200, 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 Kids-R-Kids/ Lots 1-6, Block A,
Boaz 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 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
OFFICIAL RECOPC
CITY si��;�l�1r��
STORMWATER FACILITY MAINTENANCE AGREEMENT Y• � '�A 1
Rev.11l17/2016 Y A
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/1712016
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
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/1712016
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this_� 0� day of -/j vt 20 17
Lando er City of Fort Worth
Name: Jesus J. Chapa -
Assistant City Manager
Title:
Approved as to Form and Legality
efill"fLAI/
yZ, ssistant City Att rneyjLt-►'Nj�.6keAAN
ATTT
City emw Y
NO M&C REQUIRED
'OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �JUt6heUityof
by
Jesus J. Chapa, Assistant City Manager of the City of�Fof t Worth, on b
Fort Worth.
't7=o71R1j1IrN L JOHNSON YPr:o; c,State of Texasires 04-17-2018Notar} P blic, S e of TexasD 1238832 0
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
IOU personally appeared
own
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
and that he executed the same as its
� and as the act of such \ L Ak and for the purposes and
consideration expressed in the foregoing instrument.
JANNETT RUIZ
Notary P lic State of Texas
•�a'Poa.,
Notary Public.State of Texas '
My Commission Expires
February 03, 2019
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
6
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.
J.. S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORT''",TX
8 ��
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
EXHIBITDRAINAGE & DETENTION
SHEET 1 OF2
POND EASEMENT
Being a drainage and detention pond easement located in part of Lot 5, Block A,of LOTS 1-6,BLOCK A,BOAZ
ADDITION, an Addition to the City of Fort Worth,Tarrant County,Texas,according to the Plat thereof recorded in Cabinet
A, Slide 3295, Plat Records,Tarrant County,Texas,and being more particularly described as follows:
Beginning at a 1/2"iron rod found in the South line of Avondale Haslet Road,a 60'right-of-way,at the common Northerly
corner of said Lot 5 and Lot 6 of said Block A,of said Boaz Addition;
Thence South,a distance of 469.14'to a 1/2"iron rod found in the North line of a tract of land described in deed to Lester
D. Hardin III and Susan Hardin, recorded in Volume 7481, Page 65, Deed Records,Tarrant County,Texas,at the common
Southerly corner of said Lots 5 and 6;
Thence West,along said North line, a distance of 246.85'to a 1/2"iron rod found at the common Southerly corner of Lot 4
and said Lot 5, of said Block A;
Thence North,a distance of 244.93'to a point for corner;
Thence passing through said Lot 5,the following(6)six courses and distances:
1)East, a distance of 12.00'to a point for corner;
2)South, a distance of 232.93'to a point for corner;
3)East, a distance of 219.85'to a point for corner;
4)North,a distance of 176.50'to a point for corner;
5)West, a distance of 7.49'to a point for corner;
6)North 00°00'07"West, a distance of 280.20'to a point for corner in the said South line of said Avondale Haslet
Road;
Thence North 88°55'00" East, along said South line,a distance of 22.50'to the PLACE OF BEGINNING and containing
14,713 square feet or 0.338 of an acre of land.
A&W SURVEYORS, INC.
OF Tef Professional Land Surveyors
,tiQ� ��'•.+ TEXAS REGISTRATION NO.100174-00
J*. STURNER
".0.. S. P.O.BOX 870029,MESQUITE,TX.75187
#5310
+1oFEss�� i° PHONE:(972)681-4975 FAX:(972)681.4954
c s u R4 WWW.AWSURVEY.COM
Job Number: 17-0793 Date: 04-21-2017 Drafter: 517
John S.Turner,R.P.L.S.#5310 "A professional company operating in your best interest"
EXHIBIT - A DRAINAGE & DETENTION
SHEET 2OF2 POND EASEMENT
PLACE OF
AVONDALE HASLET ROAD BEGINNING N
(60'RIGHT-OF-WAY)
L3
1/2"IRF(C.M.)
0 80
14,713 39 FE OR
0.338 OFAN ACHE GRAPHIC SCALE
1-INCH=80 FEET
(n BASIS OF BEARINGS DERIVED FROM PLAT
Q CAB.A,SLD.3295,P.R.T.C.T,
CW
G
O
CV
O
00
CV
> UJ
- Q
ti W
O
O
L1 0 ;;T
o
LOT 4,BLOCK A, LOT 5,BLOCK A, Z COO LOT 6,BLOCK A,
BOAZ ADDITION, BOAZ ADDITION, 193, BOAZ ADDITION,
CAB.A,SLD.3295, Uj CAB.A,SLD.3295, CAB.A,SLD.3295,
P.R.T.C.T. W Q P.R.T.C.T. = P.R.T.C.T.
W L2 Z) LINE TABLE
0 U) O LINE LENGTH BEARING
40-) W w L1 12.00' EAST
N CV � L2 7.49' WEST
C7
N O L3 22.50' N88°55'00"E
Lf')
LEGEND
O C.M. CONTROLLING
Z O MONUMENT
U) = VOL. VOLUME
PG. PAGE
D.R.T.C.T. DEED RECORDS,
O
EAST 219.85' M EAS. Z TARRANT COUNTY,
1/2"IRF(C.M.) 1/2-IRF C.M. TEXAS
WEST 246.85' MEAS. CAB. CABINET
SLD. SLIDE
P.R.T.C.T. PLAT RECORDS,
LESTER D. HARDIN III AND SUSAN HARDIN, TARRANT COUNTY,
VOL. 7481, PG. 65, TEXAS
D.R.T.C.T. IRF IRON ROD FOUND
IRS IRON ROD SET
0 POINT FOR CORNER
A&W SURVEYORS, INC.
ZE of ,f Professional Land Surveyors
♦P�'1 S T E''•+•f
TEXAS REGISTRATION NO.100174-00
. ... .. .. :.
JO... S...TURNER. . P.O.BOX 870029,MESQUITE,TX.75187
IV"
#5310 Q:'Q PHONE:(972)8813975 FAX:(972)8813954
7•.Of,fSS lQ�'10
R��' VVWW.AWSURVEY.COM
Job Number: 17-0793 Date: 04-21-2017 Drafter: 517
John S.Turn r,R.P.L.S.#5310 "A professional company operating in your best interest"
I
! �I
.s'b
r �
.t.
3 - , D t • D.
a i
sit
f
l xfw Ol.xe sill'lit
sill
! •j � �� i•�1 1�(i� �ili'�I
1 ,
�� � I, •z �� ��" a :lit
}i1
e
40
f
art
a N
z O o°Nir
� !
a
F� a
j t
gs en tg� t E ui V �Lol
� g6 R2g 1Yar~ Zi
3 woo' Qw
azoMIN
r
11 Lj
ll I
3a�j
wig, x -ij
I L
RP Rj,
n _CCkYw
} gym$
—tea
Y
Z <EL
_ 8ggj i
x r �aRk y}yg
Q,' O O
3F77
E� W 0Ou i
J 2 H
W 0 O
G� U O LU to
w E '
W W o mi II
W x z � a0LL — —
O
TIJ 1111
3 Y N
YJ-1
OyJ
w
w � ,
U °Bu a
b
1 _
OVOU 13lSVH 3ltlON6Atl
S
A
R
a 0 li
LL: fa CO
.S
T i v' �• D
On
`3t
IT-
44 Ri
1 !P
. U Wo o0° E
J z 33 .• !� 9 e
0 wLU co
9 � P 1
� � iwi O b C 4_ s; F—_ ;
R
x TT I
a god 1�
€ � 3
W�, � ', �:• -- � ¢P¢ �
X
lV E
to
>•'' � B_1 ;e8�� �d avoaiaisvNaivanonv
e
�a E jza � A3e �x53��� � � �fi
pp ! aL
b �
fill,
� ;iI I i{ � p o q �9a�.:9� JA .•I. a � `4$ � \.
a i 6 "
11 fly flid'Al
it
c 1 �
b 111ale°
uo N wu CO
�, .
�Wo =b
-
KW00 Qw r l R
fl1a�U YY �
�F7 yZ Y a
QVI V d` g C
C,
H 5
9
1N3Wf1N1§NI
31vtl3d35 AB
113
P 3pYNNlA 9L ••'�p�`�
03SOd0Ud
pOCh
N
t
am
® m I
♦�( ZW -tea __
hti eZ� VO$ 9.q:
wz
Z <
2¢ o o
13
woo 6
o =_w to
$E
X H ogw3 5
3. e ffi o
2 a n 30
03SOdOtldvNM .EZ
N v. �
Ly 1 Q
w 8
W�UI
>g (3® b p
A
t
3 ———__ .----Ir--
i
o
�` CV08131SVH 31VaN6nV
wg �_0 Luu tf J
i Q r= _jLLJ tt
$4 p s <=K H C Y=CZ Z
v v¢ YAB a O.. w�C
x O O ¢G:
ww9 i„ oE. r .P 3 w0 �l ?
s y U" O C,
Z Oa 4pOQzQ �' 1 s'
a �t ggggg YC mCO 00~ ,nUQ�
o "pgYow°9t� l S9 Y 2 U~O
31 w. d
..¢w¢rz ism
¢on
1-1 -- -
Vol
i4
wz �
H w
enQ n J
r , w A
G > g= ItLU
t g
F05
CO
o
i
3 (� Q 3 g SSS !
ce
w
O v.no 9 f
ensER <�
lei
——Muwww.w�— ———--—— -r -
OV011 13lSVH a-il A� 3
.61
fill
FI, s� � � axis $ !if I
x I 4l`` ill$i ;'i.' gs
� ffg !!� pN 4# SIN �[i g"�p Pr
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.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 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
cu
c
c O
O CL
O
O �
L U
C �
cn c
Q z' cuO
m c ai
Z E E E E E E E E E E E E E E E
Z °' E E E E E E E E E E E E E E E
LU a ° O O O O O o 0 0 0 0 O o 0 0 0
W
o •�
II IIIIIIII Iflll
W O O 0 0 0 0 0 0 0 0 O O O O O
J Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
II IIIIIIII IIIII
a °
cn
c
LLx
LLE a a
C O i
Q 6 u � O Q
c: m12a)
aQ cucn
c •• o N a�
O cu o O c
w W c o � a°)i � �•
V g O (n a CU >
CL
Z N �' N °
� a) v
O >+ I E 0 y- ca
O N N U a) ° O U
F— m >+ c o C �' -0 m a) ami -0 c
V a) �. CU
a) 0 v) Q cu r V c a) c
LLJ v - ,� t c -p > to C L) c 'C
a m cu .. O v> 3 r c ° .S c c
cu
0) C� CU
C N O c t a) = Y a) � E
Z c - .. .� 3 3 v> .c v cu c ° N
.Q ai EO o cu CU0 a) o E e
cn Eicm v) :3
-0 c o T o o ° mV
c
cu cu
E a) O cu ° c °o � .0 `o cn w
c 3 0 a o o 3 m E a) c >, .a o
Q O E 0 c°) L N ° -6 c 3 o c6 =w
C CN
C) t N w L) O O L 0
HC4 cct . , W
O ca aa -O a 0 N CL L) m o M o o -g -g
cu (n 0
m cu L w
,gyp
C °w z w E c0v . ►
R aN y a) a) O.2L Ll W
O aN > 0 aaNZ O w Unn
X-
0 av a O
O O O
•� �
C. •� � p p U � � O Q Q N Q L Q Q N V Q � U
li m H o �
M N M to CO f� 0p Cl) M
N to d