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HomeMy WebLinkAboutContract 50127 CITY SECRETARY' CONTRACT NO. DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT 0�� THIS AGREEMENT, made and entered into this day of baa' by and between Max Alley 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 0.983 of an acre tract being part of Lot IRI, Block 1, Nguyen addition, an addition to the city of Fort Worth, Tarrant County, Texas according to the deed recorded in cabinet B, Page 3193, Plat 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 Family Dollar/ Lots 1R1, Block 1, Nguyen 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 y 6 7 8 cility") as shown on the Plan be constructed and adequately maintained by the La er, its successors and assigns,the location and dimensions of which is shown and A OFFICIAL RECORD w�l � R v 16 FACILITY MAINTENANCE AGREEMENT CITY SECRETARY G �ti FT. WORTH,TX 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 of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 [SIGNATURE PAGE FOLLOWS] Executed this day of VC(,el'l 19&' 20 11. Landowner City of Fort Worth aiiuv wuci Max Alley Investments,LLC,a Texas ite liability company Name: Ja .Herrington Jesus J. Chapa Assistant City Manager Title: Managing Member Approved as to Form and Legality '4 &0 & ssistant City Attorn ATTEST ORT�O City ec We M&C:_ I� 7P 1295:_--QL - OFFICIAL RECORD CITY SECRETARY FT.WORTH,Tx STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o by Jesus J. Chapa, Assistant City Manager of the City of Fort: W th, on b alf of the City of Fort Worth. MARIA S,SANCHEZ Po= My Notary ID#2256490 Expires December 19,2021 Tsfot'a Public, State of Texas rE aF STATE OF TEXAS § COUNTY OF BOWIE § Before me, the undersigned authority on this gfy' day of pleccy Ibex , 2017, personally appeared James M.Herrington 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 , and that he executed the same as its Managing Member and as the act of such Managing Member and for the purposes and consideration expressed in the foregoing instrument. - - - --- , a - --� 6::zz—�' n ,%""1�% JUSTIN MAGNESS Notary Public, S too exas `jk P4" Notary Public,State of Taxas �qZ Comm.Expires 04-10.2021 OFF �'� Noter ID 131062738. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 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 ensg a perfo e and re orting re uirements. Janie orales Development Manager E IAL REC®RDSECRETARYN®RTH,TX SHEET 1 OF 2 DRAINAGE & DETENTION EASEMENT Being a Drainage and Detention Easement located in part of Lot 1, Block 1, Nguyen Addition, an addition to the City of Fort Worth,Tarrant County, Texas,according to the plat recorded in Cabinet B, Page 3193, of the Plat Records of Tarrant County,Texas,and being part of a tract of land described in deed to Jaspal Singh, recorded in Instrument No. D215247605, of the Official Public Records of Tarrant County,Texas, and being more particularly described as follows: Commencing at a 1/2 iron round found for the Southeast comer of Lot 1, Block 1, Norton Subdivision, an addition to the City of Fort Worth, Tarrant County,Texas, according to the map or plat thereof as recorded in Volume 388-104, Page 232, of the Map Records of Tarrant County,Texas, being in the North right-of-way line of East Rosedale Street, a 80' wide right-of-way; Thence North 00°00'13"East,with the East line of said Norton Subdivision, a distance of 241.51',to a 1/2 inch iron rod with yellow cap stamped "RPLS 5310"set for comer and being the PLACE OF BEGINNING of the herein described tract of land; Thence North 00000'13" East, along said East line, a distance of 38.49'to a 1/2"iron rod with a yellow plastic cap stamped "RPLS 5310"set for comer; Thence passing through said Lot 1, Block 1, Nguyen Addition, the following two(2)courses and distances: 1)South 89°42'00"East, a distance of 168.00'to a 1/2'iron rod with a yellow plastic cap stamped"RPLS 5310"set for comer; 2)South 00°00'13"West, a distance of 255.00'to a point for corner in the present North line of said E. Rosedale Street; Thence North 89°42'00"West, along said North line, a distance of 10.00'to a point for comer; Thence passing through said Lot 1, Block 1, Nguyen Addition, the following eight(8)courses and distances: 1)North 00°00'13"East, a distance of 221.44'to a point for comer; 2)South 89055'38"West, a distance of 4.11'to a point for comer; 3)North 89°5947"West, a distance of 33.14'to a point for comer; 4)South 00002'06" East, a distance of 7.85'to a point for corner; 5)North 89°59'47"West,a distance of 52.06'to a point for comer; 6) North 00°53'43"East, a distance of 3.66'to a point for corner: 7)North 89°06'17"West, a distance of 5.47'to a point for corner; 8)North 89°59'47"West, a distance of 63.28'to the PLACE OF BEGINNING and containing 8,609 square feet or 0.198 of an acre of land. rK A&W SURVEYORS, INC. V Ft �+ Professional Land Surveyors 1 •VTER• 1 TEXAS REGISTRATION NO.10017400 JUIiIV $ 1URNER P.O.BOX 870029,MESQUITE,TX.75187 � SgtO�? p PHONE:(972)681-4975 FAX:(972)681-4954 $U10 WWW.AWSURVEY.COM IA_ 1l Job Number. 17-2344 Date: 11-13-2017 Drafter: 517 "A professional company operating in your best interest" SHEET 2 OF 2 DRAINAGE & DETENTION EASEMENT U W LL o LOT 1 BLOCK 1 o NGUYEN ADDITION Oft z o 8,6'0 CAB. B, PG. 3193 °198 0FAMA E It P.R.T.C.T. co 1/2"IRS L2 1/2"IRS LOT 1, BLOCK 1, LINE TABLE NORTON SUBDIVISION J LINE LENGTH BEARING VOL. 388-104, PG. 232, L1 38.49' N00°00'13"E M.R.T.C.T. PFGL12 L7 L L2 168.00' S89°42'00'E L11 PFC L9 PFG O L3 255.00' S00"00'1TW PLACE OF o J L4 10.00' N89°42'00"W BEGINNING L5 221.44' N00°00'13"E L6 4.11' S89°55'38"W TOTAL E&P USA L7 33.14' N89'59'47"W L8 7.85' Soo°02'06"E JASPAL SINGH, BARNETT LLC, INST. NO. D216266568, INST. NO. D215247605, 1-9 52.06' N89°59'47"W O.P.R.T.C.T. U) O.P.R.T.C.T. L10 3.66' Noo°53'43"E Q 1-11 5.47' N89°06'1 TW w L12 63.28' N89°59'47"W LO 04 04 ®' w '��' ®� NQ° ®��'� LEGEND C .M. CONTROLLING MONUMENT O VOLUME O CABINET 0 50 Z PAGE 20'RIGHT-OF-WAY . . . .T PLAT RECORDS, GRAPHIC SCALE DEDICATION DALLAS COUNTY 1-INCH 50 FEET CAB.B,SLD.3193, TEXAS BASIS OF BEARINGS DERIVED FROM P.R.T.C.T CABINET B,PAGE 3193.P.R.T.C.T M.R.T.C.T. MAP RECORDS, TARRANT COUNTY PFC L4 PFG TEXAS 1/2"IRF O.P.R.T.C.T.OFFICIAL PUBLIC (C.M.) RECORDS, TARRANT COUNTY TEXAS INST NO. INSTRUMENT NUMBER PLAGE OF EAST ROSEDALE STREET IRF IRON ROD FOUND COMMENCING IRS IRON ROD SET WITH (80' RIGHT-OF-WAY) YELLOW CAP 5310 A&W SURVEYORS, INC. Professional Land Surveyors TEXAS REGISTRATION NO.100174-00 ............ ......... .JOHN S. TURNER P.O.BOX 870029,MESQUITE,TX.75187 ;p #5310 PHONE:(972)681-4975 FAX:(972)681-4954 WWW.AWSURVEY.COM • Job Number 17-2344 Date: 11-13-2017 Drafter: 517 TumeR R.P.._._....,#5310 "A professional company operating in your best interest" EXHIBIT-B CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION N LOT IR2 BLOCK I ---------- ------ =7� LOT IR1 BLOCK I AAIf27di -j w ,..,..w_ I _ -------------L--- ---- - ------------- EAST ROSED�LE STREET A&W SUMMYORS, LOT IRI AND LOT JRZ BLOCK I NGDTRR AMMON EXHIBIT-B I CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION FAMILY DOLLAR STORE DEVELOPMENT PLANS ON ACRES OF LAND BEING A PART OF LOT 1,BLOCK 1.OF NGUYEN ADDITION.AN ADDITION TO THE CRY OF FORT NORTH CITY OF FORT NORTH,TARRANT COUNTY,TEXAS GRADING E ER L NOTE ♦�� x /® xEE ..c ter, c BENCHYAR T K r sz�r �I�i � Eu err_ --•• re KRI, 0 •_. � . aw'iuR�'mmmaw '�� b5X -- -. � I ♦ttm. � _ —J ax. se tvwru x xnu I ♦ w.r eu nvwe uz�mmarowevursmrn xis=aaa � � mro � f -- a, .—• �.-._ I� msen �es.s ,,, mrvCur aaes..aw.d.. —C$5_�._��—^— ♦i- Ic a]arl ry �- _ urwtcRw®n.waeoas�va u •� � �, ... nmmmrrwxw all 0 ^u ' � I FFE caro '�ca tEGENO SECTION =0 '- .�_lei%. AA ,m em.� - e..lw.m�ro-.:-e une "'.r.eCO1PEn wg m M-msex+men•�s s i 41 �'sG19 uM xcrosw-mamM w � 5 ti I xEexp Sr �` GRADING PLAN --(ur�..}urv+aw•lurons�apn,am.aw+aaw '^� rr FAMILY DOLLAR a v.mn 1` l ; I' vN EA ROSEDLE STREET ws n<uv.aea smu a un m - - ITr OF FORT WORTH " sziii R,.T COUNTY-TEXAS £ROSEDA'ESTRfET T IANGLE ENG gwttaNGUC EXHIBIT-BZ CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION FAMILY DOLLAR STORE DEVELOPMENT PLANS O.98 ACRES OF LAND BEING APART OF LOT 7,BLOCK 1.,OF NGOYEN ADOITION,AN ADDITION TO VHF CM OF FORT MRTH COV OF FORT WORTH,TARRANT COUNTY,TEXAS e I i o ro • I � fr � - / u, I'll„m,,� r,o IIA _______________________________ I - p a __________...___________________—_________________________________J i a,.., `4'�W"•P4 �`u� ,cru xwwa,.v. T _ w_ nan nn � sx w.e[aB.nvmwww mrn.2cnm I M+».•+•P.. ,+ - vv.ro.e: OVER - Ra POBEO DRAINAGE PLAN � FAMILV DOLLA �~ -s<. ae59 EAST a[,SE�RLE a"TRfET """"„`•' ,x s ,...u'w3-air -_. ,,,,,. .: :.n ,", �_+-s� a<c-a•, CITY OF FOR _ a,w�.,m .n s sn SECTION A# vv SECTION&B TAR RANT CO - o• nO` mu a ee n nALT LARGE Jh °r` 6.1 EXHIBIT-B3 CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION FAMILY DOLLAR STORE DEVELOPMENT PLANS 0.96 ACRES OF LAND BEING APART OF IAT 1,BLOCK t.OF NGUYEN ADOMON,AN ADDITION TO TME CITY OF FORT NORTH CITY OF FORT NORTH,TARRANT COUNTY,TEXAS aeFe�in.ix�k •r 1 o.e�l �a��rue.a»�wu 654 ® 655 �„ I •� mmnwaxwns k� is1.�� RSI ..,aE 10, oEleRnoN SErnwAA W RFL WEIRCALLS �uev Aavbtt[r Z;r xwt ` �oF n rf.�mry c+u-s IRamm ao w� a ems oR� DETENTION POND DETAILS 5 FAMILY DOLLAR �® I MR T R EJ REET CITU OF FORT NORTH •,Au .F-y.Am�� T MF COUNTV,TEAS EC DNyL T IANGLE ENG EERNGILC d - I+I AL��BETAININ6NMLL LL �::�:" a w». - — 6.3 EXHIBIT-B4 CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION �l➢soO BEWM4v� � {. onew��mmwww««u W' � Y ? Cw55gmKl1EM a YICRll11'MAP °v.x°x J i ❑ � C I S «.mewa.m� r�9�m �°...w.,.n .a.�...�....a,<.�.....».w.n.�,..�. J '�''✓ ru ruNru�s �.:.ary..,.,,w.w.,.ww.w•a�„ i m CRC+SS 3. AGG4SSj re 0 Y i SLiO� .— `v »aw.+oornrox � • ER0.SEDALESTREETw" M1'1P'2 rOmxarrruw.n � _ w° --------------------------------------------------- _ _____i ------- - _ __ a..w.n.. ®01 IAND6GPE PIAN Iv1 LA; 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. A. Routine Maintenance Specification 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. 1 Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. 2. Periodic trash removal from critical structural elements like outlets shall be done to ensure smooth operation of the facility 3. 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. B. Non-Routine Maintenance Specification In addition to the routine maintenance specification outline above, following non-routine maintenance specifications shall be implemented to ensure the smooth operation & functioning of the facility. 1 Bank repair& stabilization 2. Re-vegetation required when 30% or more of area is unprotected. 3. Sediment removal from detention facility when water depth is reduced 25% or more. In case of sediment traps/forebay, when depth is reduced to 50% or more. 4. Structural repair/replacement of all damaged or deteriorated structures like trickle, channel, trash rack, etc. 5. Other maintenance activities like preventive maintenance. STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 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 FORT WORTH EXHIBIT-D FIXt„40,,,, r ter INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN StoManagement a 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-17 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 Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Structure type and Condition Condition of Rip-Rap Condition of Trickle Channel Coditi Berm or Embankment Settlement Location of erosion STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016