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HomeMy WebLinkAboutContract 50938 CITY SECRETARY , CONTRACT NO.. DOE# STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of �lYy,yand between Grandview Chisholm Trail, 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 5.720 of an acre tract being part of Lot 1, Block A, Primrose Addition, an addition to the city of Fort Worth, Tarrant County, Texas according to the deed recorded in instrument # D205384512 official public 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 Assisted Living&Memory Care Center/Lot 1,Block A, Primrose 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 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: STORMWATER FACILITY MAINTENANCE AGREEMENT :001FLFICIALRECORD Rev.11/17/2016 R'Y I. 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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, 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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] Executed this day of 1May 20_1& Landowner City of Fort Worth 1 t Name: A,.,, a ( sv s�� v1 �} to v�t Assistant City Manager Title: Approved as to Form and Legality I ®f FORS, ssistant Ci y Attorney V �4 T 1ty Secretary OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY�WORTH, 4 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me onI/Ifil /a by J .esu" Assistant City Manager of the City of Fort Worth, on bef#f of the City of Fort Worth. f ;�aY•'y9<4,: MARIA S.SANCHEZ r My Notary ID#2255490 of Public, State of Texas :. •`� ••,rF oF;�+;: Expires December 19,2021 STATE OF TEXAS § ,>�V° E P=KATHLEENTYN33COUNTY OF TARRANT § Mes'' Y Before me, the undersigned authority on this day of Min 1A 20&, 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 G� i°,t) 1`& 1Y�,TrC:LA , and that he executed the same as itsct and as the aof such and for the purposes and consideration expressed ti the foregoing instrument. Notary Publ , State of Texa STORMWATER FACILITY MAINTENANCE AGREEMENT 5 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 pe forma c� e and reporting requirements. Ashraf Ibrahim Management Analyst II EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11117/2016 SHEET 1 OF 2 PRIVATE DRAINAGE EASEMENT Being a Variable Wdith Private Drainage Easement located in the JUAN JOSE ALBIRADO SURVEY, Abstract No. 4, City of Fort Worth, Tarrant County, Texas, and being part of the same tract of land described in deed to Fairbanks Trail, LLC, recorded in Instrument No. D205384512, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: Beginning at a 5/8" iron rod found in the East line of Brewer Boulevard, a 110' right-of-way, at the Southwest corner of Lot 1, Block 29, of Primrose Crossing, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 12096, Plat Records, Tarrant County, Texas, said point being the Northwest corner of said Fairbanks Trail LLC tract; Thence North 89°36'09" East, a distance of 495.07' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; Thence South, a disrance of 37.40' to a point for corner; Thence West, a distance of 276.55' to a point for corner; Thence South, a distance of 98.76' to a point for corner; Thence West, a distance of 215.60'to a point for corner in the said East line of Brewer Boulevard; Thence North 01'15'20" West, along said East line, a distance of 132.75'to the PLACE OF BEGINNING and containing 39,051 square feet or 0.896 of an acre of land. A&W SURVEYORS, INC. It �� °F a Professional Land Surveyors ti�•�is re;P•+� ,F �� �o* TEXAS REGISTRATION NO.100174-00 ....................... JOHN S. TURNER P.O.BOX 870029,MESQUITE,TX.75187 "O #5310 �' t'�4iESSSp? O� PHONE:(972)681-4975 FAX:(972)681-4954 N�SU R��' WWW.AWSURVEY.COM �• Job Number: 18-0655 Date: 03-30-2018 Drafter: 517 John S.Turner,R.P.L.S.#5310 "A professional company operating in your best interest" SHEET 2 OF 2 PRIVATE DRAINAGE EASEMENT PLACE OF LOT 1, BLOCK 29, BEGINNING PRIMROSE CROSSING, Q CAB. A, SLD. 12096, P.R.T.C.T. N89°36'09"E 4(15'ALLEY RIGHT-OF-WAY 1 1/2"IRS 480.97'TO 518"IRF "T 5/8"IRF N (C.M.) (C.M.) J ^ PFC L3 PFC J Q c0 ��a951��P7 OR OFANACRE LLI O O J M O W~ 2 C7 PFC L5 PFC o W v FAIRBANKS TRAIL, LLC, FAIRBANKS TRAIL, LLC, INST. NO. D205384512, 51 to INST. NO. D205384512, LLQ O.P.R.T.C.T. 0111101O.P.R.T.C.T. ����9�1N its LEGEND N C.M. CONTROLLING MONUMENT VOL. VOLUME PG. PAGE D.R.T.C.T. DEED RECORDS, LINE TABLE TARRANT COUNTY, 0 100 LINE LENGTH BEARING TEXAS L1 495.07' N89°36'09"E O.P.R.T.C.T. OFFICIAL PUBLIC GRAPHIC SCALE L2 37.40' S00°00'00"W RECORDS, 1-INCH=100 FEET TARRANT COUNTY, Basis of bearing is derived from L3 276.55' N90`00'00"W TEXAS Instrument No.D205384512, L4 98.76' $00"00'00"E O.P.R.T.C.T. INST. NO. INSTRUMENT NUMBER L5 215.60' N90°00'00"W IRF IRON ROD FOUND L6 132.75' N01'1 5'20"W IRS IRON ROD SET PFC POINT FOR CORNER A&W SURVEYORS, INC. Professional Land Surveyors TEXAS REGISTRATION NO.100174-00 ....................... JOHN S. TURNER P.O.BOX 870029,MESQUITE,TX.75187 OpQ#5310�p O PHONE:(972)681-4975 FAX:(972)681-4954 7•'•.FfSStiO.'y 10'g R 6 WWW.AWSURVEY.COM �• Job Number: 18-0655 Date: 03-30-2018 Drafter: 517 John S.Turner,R.P.L.S.#5310 "A professional company operating in your best interest" EXHIBIT-B CITY OF FORT WORTH STORMWATF,R FACILITY DESIGN SPECIFICATION a , 5 : _} -- Aax• , DEW PLANT WAY ------------------ N 89°36'09'E 49507 r x.- LOT1 �i y n� o' BLOCK A � -41 w n \. w „ ------------ e _ ` �J �.. 5'RW4A9'L-u5"E oo] 589°3610W N89°17'02'W —S89°36'10-W' - - - C8=bI499 Ca=tM i1 }I 15995' 114.11' 80.88' W ISINGER ROAD spa i�eai �•x.^'x ' s s � II 8VRV8YOR'6 NOTF9 L� rm�. .....C.s rti..m roe^._ —1 NO.oo.pxay, iHls pEn'. EJ In DOCI1MEM'Fq._.-_.._.JA1E,. ASeWSUA4FYOR5lNC PTN.f.e PL„5T LpT 1,BLOCX A i PRIMRgHE CROSSfNp a wig �,r._-yes, EXHIBIT—Bl CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION 0 lu E, r • e a i a —F 4 i � servo o • r� r ': - �: sews✓ � _ °•\ i'� �- - L4— e � wn i L. — I TT" r > I yl e s o c a a a, ��} ✓ �^� - - GRADING PLAN .° l.tL_ ASSISTED LIVING 8 YELEVM1noa-eisaa w RfSlNGER ROAD6e ea ) - � L'M — MEMORY CARE CENTER (M RIGHT-OF-WAY) W RIStNGER RD 68REWER BLVD CITY OF FGRT WORTH-- TARRANT-COUNTY X]6M L— — — — .ANGLE /11 1 1 11 i�4%`� ENGI EER GLLC y, 5 '�S EXHIBIT-B2 CITY OFFORT WORTH GT0RMV%ATERFACILITY DESIGN SPECIFICATION EXHIBIT-133 CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION (15'ALLEYRfGHT-OF-WAY) \ C \ V.W.P,D.E. lul A _ V.w P.D.E. � I ❑ a lad V.W.P.D.E - f—'.-t— --- -- iIpV PARAMETFR51N 0IiCH x U+ e — 7 zv.w., trEc c�cxu R_w✓v o � • _�„ eos _ — (618 I{—. —_D ETENrs IcOANLEPOND SE,-&R_ ta v- V, P.D E rrFt ---_..810�• KIIf'wiv - -- _.. _—. 6� SECTION UO —1 DETENTION POND SECT ION A-A _— —1 6CALE N:raa v-t•=e. - �-f-- 810 i85 nex -+_ BMB 8+88 1+88 1+58 fa]8 —�-- d OVE0.PLMN WF1R GeLC6 - e. 19 I85 nuo^xc mt�s�q ' ,- o,£ARCW Krt W KMs Ii w¢n 1 HI�, -- o, PROPOSED DETENTION DETAIL ASSISTED LIVING 8 MEMORY CARE CENTER SECTION Cc Borx-m rr r,e -W.RISINGER RD BR ER BLVD .TAR NTD CRTH -° oauu asa t+oo t.m z+oo zaso- o-acrot,.-0 T (ANGLE E� �INGLL� .....rw• ucw.eom.o . a:en.x`uev.re • eur mosnrzrR e.mta r�n.o.o f 1 5! / � _ s,nrxa 6.2 EXHIBIT-64 CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION �Rrt,{ 1„ r, PGIMROSFC OSS�IN4 sin 1 e` �Al8T4RTORP , xeemve,wwm„oe,mimaw �'A^T ...OT S^/ LOT 91 C EMCORPOO RATou. naavn,n !+RR ei m. E INET.Np.031ro1ee1f. 'm��: lAT]P .R n. n In u w — 4s, � ANKI ROP.SEF. +t I I~ `^/ • �ranecro,`i r¢i¢an m�u„m m� 11 L P�oPo�EPAss ICENTER 6MEMORYCENTER laSEhSTID ACRES OF X. C • 1 Bi UNITS I—E-) ITYEEs 32 EMLSIPAW 6tIRVEv,pONTRACr N0.4. 1 Y TARRAur ONN TORTN R-TERns o SI __ Itll � I I � e I� i • I m. - - �W 3 1 rr _ Lu a� W o 3 n o W UL, a' • 1 - —_ i F- m �o SIDA:L”EiaanoN-Tb eI v WR/SINGER ROAD � (1 f0'R(GH/.OFWA1� ®O1 LAD5GPEPUN V 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 F,tylwh°(l� INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Storm�t Facility Name: Facility Agreement Number: Basin/Pond Number: Inspected By: Date: Type of Inspection:Annual_,Quarterly_, Monthly_, Routine_, or Storm Event (#days since event i) 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 A-17