HomeMy WebLinkAboutContract 50266 CITY
CONTRACT NO.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
s
CU
C THIS AGREEMENT, made and entered into this day of ,
by and between RRWT Investments, LLC , acting by and through
Todd Hoffman , 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 5.0 acre tract located in the J. Jennings Survey, Abstract No. 874 ,
Tarrant County, Texas according to the deed recorded electronically as document
D214276682, 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 Lot 213, Block 6, Carter Industrial
Park 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
STORMWATER FACILITY MAINTENANCE AGREEMENT C 1
Rev.12/29/2014 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.12/29/2014
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.12/29/2014
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.12/29/2014
Executed this day of20' .
Landowner City of Fort Worth
ame: T Hoffman C,hu-
Assistant City Manager
Title: Chief Operating Officer
Approved as to Form and Legality
V 14 tLA414�2wz-
Assistant City Attrney
ATTEST
City Secr j% of
w cap
CITY SZCV2TARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.VU,071TH,'TX 5
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on, by
,h ChaPa Assistant City Manager of the City of Fort Worth, on 6ehalf of the City
of Fort Worth.
MARIA S.SANCHEZ
of Public, State of Texas
:* My Notary ID#2256490
'�;;•o�;�}' Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
`Yv I,Pe"Z 20 1 1 personally appeared
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
IQft it 17- .rn/YEST",FAjTS, LI—c, , and that he executed the same as its
C. 0. o. and as the act of such C', 0. D. and for the purposes and
consideration expressed in the foregoing instrument.
N'o'tary Public, State of Texas
TERFSA ST"'vVARD
$tete 0i•Taxes
4W- 15, 2020
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
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 repo ing requirements.
Janie S. Morales
Development Manager
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
LEGAL DESCRIPTION
BEING a tract of land situated in the J. JENNINGS SURVEY, Abstract No.874, City of Fort Worth, Tarrant County, Texas and
being part of Lot 26, Block 6 of Carter Industrial Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas
according to the plat recorded in Volume 388-181, Page 51 of the Plat Records of Tarrant County, Texas, and being more
particularly described as follows:
COMMENCING at a 5/8"iron rod found at the northeast comer of said Lot 2B and at the southeast comer of Lot 2C, Block 6 of
Carter Industrial Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof
recorded in Instrument No. D205220415 of the Official Public Records of Tarrant County, Texas and on the west right-of-way
line of Snowden Road from which a 5/8"iron rod with cap stamped"Carter&Burgess"found at the southeast comer of said Lot
2B and at the northeast corner of Lot 2A, Block 6 of Carter Industrial Park Addition,an addition to the City of Fort Worth,Tarrant
County, Texas according to the plat thereof recorded in Volume 388-179, Page 32 of said Plat Records of Tarrant County,
Texas and on said west right-of-way line of Snowden Road,bears South 0°31'02"East,a distance of 362.47 feet;
THENCE South 38°20'50"West,over and across said Lot 26,a distance of 38.54 feet to the POINT OF BEGINNING,being at
the beginning of a tangent curve to the right;
THENCE over and across said Lot 2B the following:
In a southeasterly direction, with said curve to the right, having a central angle of 90°00'00",a radius of 10,00 feet, an arc
length of 15.71 feet and a long chord bearing and distance of South 45°32'46"East, 14.14 feet to a point for comer;
South 0°32'46"East, a distance of 136.38 feet to a point at the beginning of a tangent curve to the right from which said
5/8" iron rod with cap stamped "Carter & Burgess' found bears, South 4°51'16" East, over and across said Lot 26, a
distance of 186.61 feet;
In a southwesterly direction,with said curve to the right, having a central angle of 90°00'00",a radius of 10.00 feet,an arc
length of 15.71 feet and a long chord bearing and distance of South 44"27'14"West, 14.14 feet to a point for comer;
South 89°27'14"West,a distance of 51.20 feet to a point at the beginning of a tangent curve to the right;
In a northwesterly direction, with said curve to the right, having a central angle of 90°00'00",a radius of 10.00 feet, an arc
length of 15.71 feet and a long chord bearing and distance of North 45°32'46"West, 14.14 feet to a point for corner;
North 0°32'46"West,a distance of 136.38 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 90°00'09',a radius of 10.00 feet, an arc
length of 15.71 feet and a long chord bearing and distance of North 44°27'14"East, 14.14 feet to a point for corner;
North 89°27'14"East,a distance of 51.20 feet to the POINT OF BEGINNING
and containing 11,049 square feet or 0.2536 of an acre of land.
DRAINAGE EASEMENT
6J�•Q,gO.�RFO'�tP
JAME.. .,...,;,," part of Lot 2B, Block 6
JAMES PAUL WARD `� S PAUL 4I ARD CARTER INDUSTRIAL PARK ADDITION
...r. ...r...
REGISTERED PROFESSIONAL c •. �o;ESS%V5606
LAND SURVEYOR NO. 5606 9 " aP::�, City of Fort Worth, Tarrant County, Texas
•• �j
801 CHERRY STREET,UNIT 11 SUR*4
SUITE 950 Kimley))) Horn
FORT WORTH,TEXAS 76102 801 Cherry Street,Unit 11,#050 Tel.No.(817)335-6511
PH. 817-335-6511 Fort Worth,Taxes 76102 FIRM#10104040 wymkimley-hom.com
aul.wardnkimle -horn.com f} z } Stele Drawn Checked b Date Project No. Sheet No.
P li % -/7 Zp1 N/A FCN JPW 12!132017 064464506 10F2
NANCE,FORREST 12/1312017 1:15 PM K:\F URVEY\064464506-SNOWDEN ARCO EXPANSIONIDWG\6800 SNOWDEN-DRAINAGE EASEMENT-UPDATED.DWG
LOT 2C,BLOCK 6
o so so CARTER INDUSTRIAL PARK I
TH
INSTRUMENT NO.D205220415 P-0-C-
I
618'CIRF GRAPHIC SCALE IN FEET OPRTCT 518"IRF
YELLOW CAP N89°27'1_4"E 601,10'_
I LOT 2B,BLOCK 6 8 L5 c3 C ' I
CARTER INDUSTRIAL PARK ADDITION
VOLUME 388-181, PAGE 51 14.18' I
PRTCT I
� I
I RRWT INVESTMENTS LLC,
I (A I A TEXAS LIMITED LIABILITY COMPANY m
I INSTRUMENT NO.D214276682 O I
OPRTCT
0 DRAINAGE EASEMENT
—1 €o N 0.2536 OF AN ACRE
W A, 119049 SQ. FT.
LINE TABLE
U Q a I 4.11'LL I
O . k
p NO. BEARING LENGTH
j 11 S38°20'60"W 38 64' f?� L3
U �W0 Q
c L2 S00'32'46"E 136.38' I
Z I L3 S69.27'14'W 51.20' cNG
I N I L4 N00°3746'W 136.38' r1�' W Z Q
^ L5 N89°2T14'E 51.24
V I�
T
co CURVE TABLE ` i;"� w
co I ' Q
I C NO. DELTA RADIUS LENGTH CHORD BEARING CHORD N Z O
I I C1 90°0900" 10.00' 15.71' S45'3746'E 14.14' Z
C2 90°00'00' 10.00' 15.71' S44°27'14'W 14.14' I
C3 90°00'00' 10.00' 1531' N45°3246W 14.14' I
C4 90'00'00' 10.00' 15.71' N44°27'14'E 14.14'
I 618"CIRS S89-27-14"W 601.10' 518"CIRF
I "KHA' LOT 2A,BLOCK 6 'CARTER$BURGESS"
CARTER INDUSTRIAL PARK ADDITION
VOLUME 388-179,PAGE 32 I
I
LINE TYPE LEGEND PRTCT ,
----- BOUNDARY LINE
DRAINAGE EASEMENT
EASEMENT LINE
LEGEND part of Lot 2B, Block 6
P,O.C.=POINT OFCOMMENCING CARTER INDUSTRIAL PARK ADDITION
P.O.B.=POINT OF BEGINNING
CIRF=CAPPED IRON ROD FOUND City of Fort worth, Tarrant County, Texas
IRF=IRON ROD FOUND
OPRTCT=OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS Kim I e >>> Horn
PRTCT=PLAT RECORDS TARRANT COUNTY TEXAS
NOTES 801 Cherry Street,Unit it,#950 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10184040 w .kimtey-hom.com
Bearing system based on the Texas Coordinate System of 1983, Scale Drawn by Checked by I Date Project No, Sheet No,
North Central Zone(4202),North American Datum of 1983. 1•.(w. I FCN I JIM 12113/2017 1 064464506 1 2 OF
NAN CE,FOR REST 12/13/2017 1:15 PM K:IFTW SURVEY\064464506-SNOWDEN ARCO EXPANSI0N\DWG\6800 S N 0 WDEN-DRAINAG E EASEM E NT-UPDAT ED.DWG
Exhibit"B"
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STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.11/117!2016
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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 slit 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 ail 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
..7777
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
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 10
Rev.91!1712016
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic j
life
Condition of
Aeration
Foundation
STORMWATER FACILITY('MAINTENANCE AGREEMENT 11
Rev.1111712016
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