Loading...
HomeMy WebLinkAboutContract 50696 CITY SECRETARY CONTRACT N0. b DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of January 25, 2018, by and between Oncor Electric Delivery Company LLC, 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 18.528 acre tract located in the Shelby County School Land Survey, Abstract 1375, Tract 17A, Tarrant County, Texas according to the deed recorded in Volume 3569, Page 415, 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 Marrs Switch 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 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT.VMTH,TX Rev.11/17/2016 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; provided however that the City, its authorized agents and employees, shall not enter into any walled or fenced portion of the Facility Property, as such portions of the Facility Property contain energized high voltage electrical facilities. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 11/17/2016 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 reasonably necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. Notwithstanding the foregoing, the City acknowledges that there are or will be overhead high voltage electric lines on the Facility Property, and City agrees that use of draglines or other boom-type equipment in connection with any work to be performed on the Facility Property by the City, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Landowner's power lines situated on the Facility Property. City must notify Fort Worth Transmission, (817-991-5746) at least 48 hours prior to the use of any boom-type equipment on Landowner's property except in an emergency. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 11/17/2016 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, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER 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 Executed this day of 2018. Landowner City of Fort Worth Oncor Electric Deliver , Company LLC NP- Attorney-In-Fact L. Alvare , P.E. Jesus J. Chapa TiAssistant City Manager Appr ,Ved as to Fo and Legality i ssistant City Attorney ATTEST O�.FORT� .� C� :3: City Secre a xAS. 1295e_�)� OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 11/17/2016 4,10 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on o b by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on beVialf of the City of Fort Worth. �?�.►Se� s MARS IA+�A CHE 2021Z .; My NotaryLD#225 of y Public, S ate of Texas Expires December 19, STATE OF TEXAS § COUNTY OF TARRANT § r Before me, the undersigned authority on this :27 day of tib r J 201_6, 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 pCI c �v �, C�w�Pww� .,LLc., and that he executed the same as its and as the act of su h and for the purposes and consideration expressed in the foregoing instrument. .�`R.lflf" MANDY M. SMITH Not r Pub 'c, Stat o Texas OSP e. Notary Public,State of Texas Comm. Expires 08-02-2020 Notary ID 124437083 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. n.-O JA.I k i t fl-\ o Na6 of Emplo Title y y. 'h 4• EXHIBIT "A" LEGAL DESCRIPTION (ATTACHED) STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 LEGAL DESCRIPTION ONCOR ELECTRIC DELIVERY COMPANY LLC DRAINAGE EASEMENT BEING a tract of land in Block 17 of the Shelby County School Land Survey, Abstract No. 1375, Block 17, in the City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described as Tract B in Warranty Deed to Texas Electric Service Company, as recorded in Volume 3569, Page 415 in the Deed Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING from a 3/4-inch found iron rod for the northwest corner of said Tract B, being on the west line of Wichita Street (variable width right-of-way); THENCE South 89 degrees 18 minutes 31 seconds East, departing said west line, a distance of 655.67 feet to 1/2-inch set iron rod with blue plastic cap stamped "HALFF ESMT" (hereinafter referred to as "with blue cap") for the POINT OF BEGINNING; THENCE North 89 degrees 28 minutes 05 seconds East, a distance of 207.92 feet to a 1/2-inch set iron rod with blue cap for corner; THENCE South 00 degrees 04 minutes 29 seconds East, a distance of 428.15 feet to a 1/2-inch set iron rod with blue cap for corner; THENCE South 89 degrees 21 minutes 45 seconds West, a distance of 203.71 feet to a 1/2-inch set iron rod with blue cap for corner; THENCE North 00 degrees 38 minutes 15 seconds West, a distance of 428.51 feet to the POINT OF BEGINNING AND CONTAINING 88,155 square feet or 2.024 acres of land, more or less. A plat accompanies this legal description. 1of2 m4— r„• 1 .ac FnaiwaR I- - ___.......L�---................__1 � r:•, PROJECT ~x LOCATION PARENT TRACT � <4� NOT TO SCALE OF.,L r n:. AL TA MESA ADDITION ' CAB. 388-161, PC. 28 VICINITY MAP P.R.T.C.T. I POINT OF THE AL TA MESA ADDITION NOT TO SCALE r BEGINNING CAB. 388-111, PG, 35 P.R.T.C.T. 3/4', _— .== _ _ 207.92' _ FIR -z= — _,- _--N89'28'05"E--`____--_—_ S89'18'31'E SIR SIR __________--655.67,__..®.-______� — w POINT OF COMMENCING Ln c CIS NN WARRANTY DEED GpUN\jE`( 2.024 ACRES Ld TEXAS ELECTRIC SH�L4 ANp BUR 88.155 SO. FT. N SERVICE COMPANY S '000, ��-� t4U �� � �Q VOL. 3569, PG. 415 o D.R.T.C.T. pgS 0_0 10 r o zi a'n — SIR__._,....,r....,..+.-� _v-�SIR __--_'___�.�._.._,._•—— _ �589'21'45'W—- 203.71' ENGLAND ISLE ADD/TION 0 50 100 200 CAB. 388-60,PG. 32 A LEGAL DESCRIPTION P.R.T.C.T. SCALE:1"=100' ACCOMPANIES THIS EXHIBIT EXHIBIT"A" LEGEND _ 2"024 ACRES FIR • FOUND IRON ROD DRAINAGE EASEMENT SIR * Int"SET IRON ROD W/ SITUATED IN THE BLUE'HALFF ESO PLASTIC CAP STAMPED SHELBY COUNTY SCHOOL LAND SURVEY (cM} CONTROL MONUMENT ABSTRACT NO. 1375, BLOCK 17 IN THE EXISTING PROPERTY LIME CITY OF FORT WORTH, TARRANT COUNTY TEXAS PROPOSED EASEMENT LINE -' EXISTING EASEMENT LINE Basil of Rdarng is Ta%/,', dina(e Srslent NAD 83 ol N,dh Cemra:77-e[42071, se—d by GPS using weetvn Ckrtu:yae aPkp uFv `Nmlh=_lea RTK CoovemOve NewE:rk as tjsoe on Augustoe,2012 D.R.D,C.T, DEED RECORDS TARRANT a C nvorgonoo amflo aMrae sta6cn OHI.Filet I.00de,re<:s 39 minutes 2075S71 ae ds es.1-fated COUNTY TEXAS Uy CCrprkcn V5 0 1 iv MEN HALFF 5" DCN:EXH-ONCOR-32d43.dgn AVO: 32843 od ob• c www a.ya d.da P d.ddaldPq LdW Styvdyd�,Cd RM!.1 THHt ey "f lhia�G14.11s �*rti�e m dudd�vld- y tdw4he 9­0,� 4f1.)c F OSS):CREEK BLVD FORT WORTH...,TEXAS 76137;41 r 447.1412 DATE: FEBRUARY 2018 PAGE NO.: 2 OF 2 TPPLS'IRrd NO.10029605 SUZANNE HENDERSON ,x h; COUNTY CLERK 's 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(8 17)884-1195 ONCOR ELECTRIC DELIVERY CO 115 W 7TH ST, STE 505 FT WORTH, TX 76102 Submitter: ONCOR ELECTRIC DELIVERY CO DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 8/24/2010 2:21 PM Instrument#: D210206222 APP 2 PGS $16.00 D210206222 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: SLDAVES EXHIBIT "B" DESIGN SPECIFICATIONS (ATTACHED) STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.1111712016 I I 5 1 Sb'X31'HlaOMlaO=l '€�•.�wtt H01IMS Sl: VA ° `)/'��^I� '��j'— o ANVdWOO AI:13n1134 ' ' s a a ■■■ `t�`�IG s �8�ffi x ��< � N� I 01)tl- 3 )tIOONO ��1`dH ■ ■ ,w•,,�. , ��';'``• `�I 1 �y;�6�y3¢LIig g U I I I I I VMS's 03 866��5 1 �3pIc Of f If ' I ' I e I 3 a■y ' i -------------------- ___________ I- i " 1 ll 1 11:ITT I I �N I �^ \ + a� �! • �S: ..i Fig B I 1i y • ' S .z I \ at a _ IV 4 8 4fl ail 4iy j r 1 q ' II , I � I N I , f; I � i ' 1 - ' I iros e�,w rww az Baa ewzra�ioza•rwsmrs�aaewznwoozm eamm nozw w.e..rec ewzarz i I i I 1 I SbX31'H1bOMl80-� ;4•,..roS o HOUMS M:NVVJ ANVdINOO A2On1134 ���b'H I ; I S l IM9 G8 s3Ga"k�� I "a I ; oat %i I tip,©o+® i jy I URN I � � iilll11 IIII I � I " i3ll I BlEE tt I I lay' ae I m = §alis 4€ ' I ;'Ecce 32:5 n18 L, 1100211 W - g'-ge ii.. jg LL-i 77,55 s t 11 'mi;IAB ow k �`%yep; P �s € >�Omks I I i I I I I I I I I I \ I I1 � I 13 I i e' o .I I � ii WF�ai 658 / .. '.1 (� _.___—___. _�• � I U II I �ml1.1W III I II I ii d -- 1 ---------- -- ----------_, r�-- ------------ ---- jl i ! — --------- ------- I II II : 1 SJ a 1 I I IIN II I� F=$L I I IIS � II I \\ 51\A\moi m, EQ� _ °N iI II I I II 11,9,1 I I z9i I II II II I I li , I II N II II i r£q�� I I II � II II I in I I II\l l ---------------- ( 1 1 I L } j l; •—F Iii I I - o�o=ren I w-we nw.w naw az am vw a •n�ceezeao-zazam•rmav�uwswzzw000zn�l aaiv,�scezu•wrseasm I I I I I I I 1 i � I 1 ----------------------------J 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 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 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 10 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 11 Rev.11/17/2016