Loading...
HomeMy WebLinkAboutContract 50200 CITY SECRETARY ,✓„ZD D GO >`V<GT NO. �lJ DOE # � �CF/VSO STORMWATER FACILITY clpk 292 MAINTENANCE AGREEMENT c�ryP�c9T�0��9 THIS AGREEMENT, made and entered into this -3eay of , 24H-7,�y and between Alliance Town Center Association, a Texas Non-Profit Corporation, 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 Lot 13, Block A, Alliance Town Center Addition located in the Tarrant County, Texas according to the deed recorded in Instrument Number D215202888 Deed Records, Tarrant County, Texas, hereinafter called the"Property". WHEREAS, the Landowner has built on and developed the Property according to the Site Plan/Subdivision Plan known as Sagestone Pond (Lot 13, Block A, Alliance Town Center Addition, FP 015-085) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and which plan 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 i ORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION CITY SECRETARY Rev.11/17/2016 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 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 Facility includes all pipes, channels or other conveyances built to convey storm water to and through the Facility, as well as all structures, improvements, and vegetation provided to control the quantity of the storm water. Adequate maintenance is herein defined as good working condition so that the Facility is performing its design function. 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 Components of the Facility, if any, 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 for the purpose of inspecting 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 A STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 2 Rev.11/17/2016 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 acceptable to the City, the City shall provide written notice to Landowner, its successors and assigns, describing with reasonable specificity the needed repairs or maintenance. Landowner, its successors and assigns shall have a period of 30 days to complete such repairs or maintenance (or if such repairs or maintenance cannot reasonably be completed within 30 days, Landowner, its successors and assigns shall commence such repairs or maintenance and shall have such time thereafter as reasonably necessary, using reasonable diligence, to complete such repairs or maintenance). If Landowner, its successors and assigns fail to complete such repairs or maintenance within the time set forth in the immediately preceding sentence, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps reasonably necessary to correct deficiencies identified in the inspection report and to charge the reasonable 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_ 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 on the Facility 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 reasonable 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 may impress a lien for the costs of such work upon the Facility Property. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the Sagestone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 3 Rev.11/17/2016 Facility Property, stating the amount owing, 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 COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND 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 FACILITY; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) SLOPE FAILURE OF THE BANKS OF THE FACILITY, OR (3) FAILURE OF THE FACILITY 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 Facility which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its successors and assigns, including any property Sagestong i ORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 4 Rev.11/17/2016 owner's association. Notwithstanding anything to the contrary contained in this Agreement, neither Landowner nor any future owner of all or any portion of the Property shall be liable under any indemnification or other obligations under this Agreement with respect to claims, losses, damages, events or occurrences other than those arising during or relating to the respective period of such Landowner's or future owner's ownership of the Property. Executed this day ofacemV20LI Alliance Town Center Association A Texas Non-Profit Corporation By: Name: L. usse 1 Title: Senior Vice President City of Fort Worth Jesus J. Chapa Assistant City Manager Approved as to Form and Legality Assistant City Attorney ®F F 01�T ATT T City Secre * `Z[:' GL OFFICIAL RECORD XAS CITY SECRETARY Sagestone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION ff.WORTH,TX 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § �isinstrument was acknowledged before me on ')p IR by ssistant City Manager of the City of Fort Wo&, on b alf of the City of Fort Worth. MARIA S.SANCHEZ =•: *= My Notary ID#2256490 of Public, tate of Texas Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on NtftllbeA , 2011, by L. Russell Laughlin, Senior Vice President of Alliance Town Center Association, a Texas non-profit corporation, on behalf of said corporation. 7� i LOP' LYNN 9QWil�;tateCitTexosj rr,m. Exp:es 10-1i-20pt,�,, ,p ,?�7170�1 Notary Public, State Texas t ..-�_ A STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 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 reportin requirements. ,M Janie S. Morales Development Manager EXHIBIT "A" INSERT LEGAL DESCRIPTION TORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 7 Rev.11/17/2016 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 DESCRIPTION OF A DRAINAGE EASEMENT BEING a tract of land situated in the Wm. McCowen Survey, Abstract Number 999, Tarrant County, Texas, and being a portion of that tract of land described by deed to Alliance Town Center Association, recorded in Instrument Number D215202888, of County Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Peloton" found at the northwest corner of said Alliance Town Center tract and being the northeast corner of Lot 12, Block A, Alliance Town Center, an addition to the City of Fort Worth, recorded in Instrument Number D214106762, also being in the south right-of-way line of Prairie Vista Drive (a 72 foot right-of-way) recorded in Instrument Number D213285615, both of said County Records, THENCE S 6206'43"E, 130.27 feet, to the POINT OF BEGINNING; THENCE N 79006'40"E, 80.73 feet; THENCE N 78005'20"E, 443.87 feet; THENCE S 48008'06"E, 181.99 feet, to the west line of that tract of land described by deed to The City of Fort Worth, recorded in Instrument Number D210241392, said County Records, and being the beginning of a curve to the left; THENCE with said west line and said curve to the left, an arc distance of 124.88 feet, through a central angle of 07002'46", having a radius of 1015.50 feet, the long chord which bears S 08039'46"W, 124.81 feet; THENCE S 16046'25"W, 19.89 feet, departing said west line; THENCE S 29040'41"W, 53.13 feet; THENCE S 52020'21"W, 41.00 feet; THENCE S 08°31'12"E, 22.70 feet; THENCE S 65010'13"W, 43.80 feet; THENCE S 02031'02"E, 126.46 feet; THENCE S 71051'02"W, 36.53 feet; THENCE S 00000'04"W, 150.01 feet; THENCE S 05056'13"W, 60.14 feet; Peloton Job No. H WA 15007 Tracking No. ACF#7013 ATC July 14,2017 G:vJOBvHWAI5007_SAGEWATER_POND\SUR\EASEMENTS\LEGALS\HWAI5007 EAI.DOCC Page I of THENCE S 53°34'11"W, 47.17 feet, from which a 5/8 inch iron rod with plastic cap stamped "Peloton" found at the most southerly southeast corner of said Alliance Town Center tract,bears S32050'06"E, 232.29 feet; THENCE S 67052'40"W, 51.14 feet; THENCE S 86036'22"W, 51.15 feet; THENCE N 70059'05"W, 57.69 feet; THENCE N 49030'00"W, 276.31 feet; THENCE N 64027'26"W, 58.96 feet; THENCE N 49033'50"W, 40.08 feet; THENCE N 44022'50"W, 110.60 feet; THENCE N 01046'09"E, 253.75 feet; THENCE N 35027'05"E, 103.83 feet to the Point of Beginning and containing 376,987 square feet or 8.654 acres of land more or less. "Integral parts of this document" 1.Description—2 pages 2. Exhibit Peloton Job No. HWA15007 Tracking No.ACF#7013 ATC July 14,2017 G:UOB\HWA15007_SAGEWATER POND\SUR\EASEMENTS\LEGALS\HWAI5007_EAI.DOCX Page 2 of 3 m BASIS OF BEARING IS THE TEXAS COORDINATE r SYSTEM NAD 83, ZONE 4202. „ IRF = IRON ROD FOUND Esmt. = Easement 3 o � Alliance Town Center �J Lot 19, Block A \ 0 200 400 o Inst."D212299699 o ������ iggq C.R.T.C.T/ --�� GRAPHIC SCALE IN FEET �° Integral Q�h �.0 parts o2 Paagesdocument" 1. Description �Ylv 1. 2. Exhibit �alr V�615 C.R 1'C — YT 13285 Drainage Esmt. ` Point of - D2 Inst.•D213031243 h 0 Commencing 56206'43'E Ins �� •/ C.R.T.C.T. S. r �� 13027' I '443.81\� �O o RF p6'40"E N78°p5'20°E \� \\� 8,996 I o 1 13' Q� I � v �p�y �\ Electric U � Point of Beginning Esmt. c / o^'•`p� `� Inst.•D215196187 I C.R.T.C.T. h ? Drainage Esmt. Drainage Esmt. I o - 07°02'46" Inst."D213031246 Inst.•D209185935 L 124.88' �y —� — C.R.T.C.T. C.R.T.C.T. R 1015.50' _� _ _J S52-20-2 0' LC- S 08°39'46"W hJ�� Alliance Town Center `4 Drainage Esmt. 41.00' L2 L 124.81' �h Lot 12, Block A !�I Inst.•D2tao515aa S08°3112"IE �P Ins t.•D214106762 o C.R.T.C.T. 8.654 Acres _'___ 2_2._70_' C.R.T.C.T. S65°10'13"W In 0 43.80' N \o �� v ALLIANCE TOWN c E�� J� 0h ;y ------ CENTER ASSOCIATION ; flow: 1✓ i �jP� Q AAo INST.•D215202888 /'o`'?• INST.•D215202889 S71°51'02" 1711 `� Sanitary Sewer Esmt. 6o sejy� C.R.T.C.T. 36.53' 3 I nstC R? 746 T.C.T. N490 33'50"W C3 40.08' / o C3LO I Ago o I Slope Esmt. N64o 27'26"W gyp, o I �'N Inst."D213183740 58.96' DO•, U C.R.T.C.T. !y S05°56'13"W ,0 LINE TABLE ?> 60.14' � I c N0. BEARING DISTANCE 6`�� L3 i � • L1 S 16°46'25" W 19.89' L4 N70°59'05"W L5 s I 1 L2 S 290 40' 41" W 53.13' �� r. L3 S 53°34'11" W 47.17' 57.69' L4 S 670 52'40" W 51.14' L5 S 86°36'22" W 51.15' o � I — — — — General Worth Drive IRFI , -CI General Worth Drive Inst "D216009414 C.R.T.C.T a I '> — --- —.—.--------- The City of Fort Worth � — — — — — �, Inst•D213218111 f 0' � C.R.T.C.T. I Ax �� F°• II o • '•q 49417 �?.•..� r Exhibit of a Drainage Easement P E LOTO N SITUATED IN THE WM. MCCOWEN SURVEY, ABSTRACT NUMBER 999, � - CITY OF FORT WORTH, TARRANT COUNTY, TEXAS VIII LAND SOLUTIONS ACF#7013 9800 HILLWOOD PARKWAY,SUITE 250 JOB#HWA15007 DRAWN BY: W.Blades CHECKED BY: T.Bridges DATE: 7.13.2017 PAGE#3 of 3 FORT WORTH,TEXAS 76177 PH.#817-562-3350 G:\JOB\HWA15007_Sogewoter_Pond\Sur\Easements\HWA15007_EAt.dgn Default 7/14/2017 12 1116 PM EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.05/14//2014 ---- a U L--- -j L Ln LL W N J Q \Z 04 U N LU 7 nii � 2 a _ Z 00 --� U) _ w0 Q �J 7 C MLL m o® � Q \\a s p xQ n a d d 062, V1 9 r0 0 6� p Yllltla A d t�ir�l CS 6 O 0 0 aLLa 0 0 b 0 0 0 0 a U 0=9) a � iLL F- UJ UJ CPO 0 Z �w o 0 0 0 � 0 0 C)w VO p o ro ° z-,0 � Q' Za 0 Lu C9 m L P� � a � �:z q n w om9 0� $ Q V op ,f a u o 00 �� eH po ao oonoo p 1 C c Z p y q 4q P L? L? OC Q c Z W W R'I w W Z� `6 0 0 O l7 C ZZ Op v a f1 p - C�a q, Q b Q an d U)F- C) J U) c ti a a,ft�IY� P p ab aB m m O p oo 'J m u000a d m e o m - w l7 Q a LLo 0 0 0 0 0 0 0 0 0 0 0 0 0 o T co o Q Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m z z m u z o n. N O 75,E > LL 0 0 0 0 0 0 0 0 0 0 0 0 0 °c D u o 0 o d o d o 0 0 0 0 0 0 0 '6 3 F a ° Z N V Ni w a = D O O QI m ° Y, _ Oj F w t o u O v O a > O r . m oo nm e N e OZ .� vi rvrvvi O d > 6 C G r-4 b 6 W. m O ° x N 'm6 o , o ° �. _ E v W < y u� u m Li OR Cl m e Cl v m ry ui .Ti W O N N lD lD lD I. n n Z O pNp tprpl pap pvpl imp pp pp pOp� p� �pp� pp �, �! ; o w d, Sf 2 w F- 04 ui ui LL W U) CO a. 43 co LL C2, X W r z 0 HONVi!ElIHM S31 z --0 3nRid 301SN3,110 N 7tr LLJ M o LU Z Z Lu LL1 r-, Q LU L) 7 LL z LLJ - -- - W z Z W LLJ 00 LLJ U) z L)W w LLI Z 0 Jill << U) U) Qf WO u-f DO U)z < Is ik 0 0 �l P— Lu ol '0 §§ � ) / b t , - & LL \ \_ !(� § \§ m ! ` U) \ ] /( �± ® z \ Cl) 2 ` o X< LLJ IL ) � " \ \ , t § } F- � 2 F- LU 2 572E § \ ƒ �� E 2 k ( ! U / BOO ; g ƒ 2 Co ad ` / i Q± ! Q | F- F- % mksCO ED ) k § f( \§ §\ : : P \� \R �\ L ) } \ ; \ ( � 0 0 § \ W } / \ / \ 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. Saaes:' ,d STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 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 uard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Ra Sa9estone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 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 Sagestone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 10 Rev.11/17/2016 (Rik 3 Q �. !o� > ca C: .� a) c Cl) > a) a a) U W C to Z u� c Q z O OZ °' U v, U U U U U U U U U as a _ C C C C C C C C C C C C C C C (n Z E E E E E E E E E E E E E E E W Q OO O 0 0 0 0 0 0 0 0 O O O O O W LLI > U U U U U U U U U U U U U U U ca LV LL - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J Z Z Z z Z Z Z Z Z Z Z Z Z Z Z (J CJ cn LL � U m o m Q, E ELcn L Cl) c Q Li J I � cn c -0 c V —>' U 0 cUa O c W 6 .o 4-- m a) 5 �• U 2 O C O = C L L a) .L) � 0 cn (n Q fn ° C`' 0`. O a) Qn` U Z I 2 E O 'L .> ,r � L ca E m 0 m � o o U 0 0 U o �' c 0 a) 7 U m aa)) o rn m m 0) U c aO) c LL1 � -t ui � � c a _ > U c c M m a N O U) c`• O ca cu N .� O Q c Z = U 3 � c °� " Cn °� o f .� — 3 � U ca c 'vi a) cn .Q �. _a N 0 0 � ca m L C _0 m 0 3 3 U �' �a rn rn ° L � Q) D 0 L O C % -0 O C N U C U C O 2 U O C m a) N 'O U (B O 0 cu C) C cu E a) F C O -0cu O U w c 3 O Q 0 0 ca C N >, c o (D ¢ O) O O U U 0 O E U "_' C C m 0 c x- N .0 = 'vi c m c c U U U ° c c 3 O = w E—« C c -0 o L O a) m -0 m ami (0 >% 0. - •Q � 0 >% w :r m pC 0 o cu U o o > m c � C U U ° m m (D w m m ca m 3 Dom CLi 0 _0 cu E Z a° ,� v a � -C > m m � �n•• nomn•• c- o -C -C Q. � m �' m �- C111 M Lo CO ti 00 � �- �- N M Lo a LL m H