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Home My WebLink AboutContract 51214 DOE # CITY SECRETARY CONTRACT NO. J l a y STORMWATER FACILITY MAINTENANCE AGREEMENT (Detention Area J-1) (` Sz THIS AGREEMENT, made and entered into this day of . by and between JqLL(e_ J �, �,_,�,m'o. 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 0.0207 acre tract located in the William Norris Survey, Abstract 1165, Hugh F. Largent Survey, Abstract No. 960, City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 10587, 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 Allied Electronics Building and Parking 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 Stor nwater 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 Stonnwater Management Facilities be constructed and maintained on a portion of the Property; and STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICiAL RECORD Rev 11/17/2016 CITY SSECR�EITA�R/Y yT F WHEREAS, the City requires that on-site Stonnwater 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 teens and conditions, the parties hereto agree as follows: 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on-site Stonnwater 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 Stornnwater Facility includes all pipes, channels or other conveyances built to convey Stonnwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stonnwater. Adequate maintenance is herein defined as good working condition so that these facilities are perfornning their design functions. The Stonnwater 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 sale and proper functioning of' the Facility. The inspection shall cover the entire Facility, beans, 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 he taken. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev 11/17/2016 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 he 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. G. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev 11/17!2016 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. 8. This Agreement shall be recorded among the land records of`I'arrant 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 22nd day o Au 2018. Landowner City of Fort Worth Name: ` I n T,-j '3-y gS Jesus J. Chapa Title: y 'r" g L8 I Ver ss OPE(2 0� Assistant City Manager Approved as to Form and Legality a"— Assistant City Att ey �0F �� )" ` T T v an f-Xty Secretary �XAS M&C: N 1,} 1295: ,' OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 CITY SECRETARY 5 FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Yeti �� by Jesus J. Chapa, Assistant City Manager of the City of Fort o , on behalf of the City of Fort Worth. PQ MARIA S,SANCI'EZ I ' If ,, , a . My Notary ID#2256490 Expires December,19,2021 No pry Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 22°d day of August, 2018, personally appeared Scott Jayes, 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 Allied Electronics, and that he executed the same as its Vice President of Operations and as the act of such Allied Electronics and for the purposes and consideration expressed in the foregoing instrument. Y"�� REBECCA TERRY / PU _Notary Public,State of Texas Q Comm. Expires 04-29-2022 Notary Public, State of Texas Notary ID 128253940 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 FT.WORTH,TX i 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 Wd reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/1712016 EXHIBIT"A" DETENTION MAINTENANCE AREA J-1 RIVERBEND WEST BUSINESS PARK ADDITION LOT 1 R,BLOCK 7 WILLIAM NORRIS SURVEY,ABSTRACT NO. 1165 HUGH F.LARGENT SURVEY,ABSTRACT NO.960 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Being a 900 square foot(0.0207 acres)tract or parcel of land situated in the William Norris Survey, Abstract No. 1165 and the Hugh F.Largent Survey,Abstract No.960,City of Fort Worth,Tarrant County, Texas,being a part of Lot 1 R.Block 7,Riverbend West Business Park,an addition to the City of Fort Worth according to the plat recorded in Cabinet A.Slide 10587,Deed Records,Tarrant County,Texas (D.R.T.C.T.)and Instrument No.D205298818,D.R.T.C.T.,and being a part of a tract of land described in a Special Warranty Deed to Allied Electronics, Inc.recorded in Instrument No.D205337596,D.R.T.C.T., and being more particularly described as follows: COMMENCING at a 5/8"iron rod found on the northeasterly right-of-way line of Riverbend West Drive (variable width right-of-way)for the southern end of a compound curve,from which a 1/2"iron rod found on the southwesterly right-of-way line of said Riverbend West Drive and the northeasterly line of Lot 9, Block 3,Riverbend West Business Park,an addition to the City of Fort Worth according to the plat recorded in Volume 209, Page 56,D.R.T.C.T.,bears South 74" 15'33"West,a distance of 68.00 feet; THENCE over and across said Lot 1R,the following course and distances: South 85"32'01"East,a distance of 32.77 feet to a 1/2"iron rod with a yellow plastic cap stamped'RLG INC"set for the POINT OF BEGINNING; North 00"24'4r West,a distance of 60.00 feet to a 1/2"iron rod with a yellow plastic cap stamped"RLG INC"set; North 89"35' 13"East,a distance of 15.00 feet to a MAG nail with washer set; South 00"24'47*East,a distance of 60.00 feet to a MAG nail with washer set; South 89"35' 13"West,a distance of 15.00 feet to the POINT OF BEGINNING and containing 900 square feet or 0.0207 acres,more or less. Basis of Bearings:Texas Coordinate System of 1983,North Central Zone,NAD 83(2011)EPOCH 2010.00, based on Real-Time Kinematic Observations utilizing Western Data Systems Virtual Reference Network. ..F_ F Q• •.iSTEq .7 ....eR.nN.R:WADE•• Brian" .Wade R.P.L.S No.6098 0 6098 r07-26-2018 s6s%j Sheet 1 of 3 26,867X i LOT 1R, BLOCK 7 Cl) : RI V£RB£ND NEST BUS/NESS PARK CAB. A, SLIDE 10587 /NST. NO. D205298818 i D.R. T.C. T. ALLIED ELECTRON/CS, INC. M '� /NST. NO. D205JJ7596 LOT 8, BLOCK 3 m D.R. T.C. T. R/VERBEND NEST n= `� CAB A�O5e7 BUS/NESS PARK o D.R.rc.r. VOL. 209, PG 56 -1 It D.R.T.C. T. i y i o t a�S � WWAM NORRIS SURVEY ABSTRACT 1165 HUGH F. LARGENT SURVEY n ABSTRACT 960 N � J v L7A/RF �T ar L 1 DETENTION MAINTENANCE AREA J--1 LOT 9, BLOCK 3 (Cm)---"'w L5 900 SQUARE FEET R/VFRBEND NEST 5 415,33 �� pawr ar 0.0207 AA4ES BUS/NESS PARK 68.00 T, VOL. 209, PG 56 D.R. T.C. T. 0 25 50 100 BASIS OF BEARINGS. TEXAS CONTROLLING (FEET) COORDINATE SYSTEM OF 198J. MONUMENTS- AS SHOW NORTH CENTRAL ZONE, NAD 83 1 inch = 50 ft. (2011) EPOCH 2010.00, BASED KEGEND AND ON REAL-AME KINEMA AC LWE/CURVE TABLES OBSERVA ROWS UAUZ/NG FOUND ON PAGE 3 OF N£STERN DATA SYSTEMS NR ILIAL REFERENCE NEW RK. 5�Q�CsI3TFA�"�" EXHIBIT "A" :;op'AN R... ADE•. DETEN?'ION MAINTENANCE AREA of O soca o LOT IR, BLOCK 7 92'�'�Fssio�P. Q, SvRV RIVERBEND WEST BUSINESS Ir PARK ADDITION W1LM" NORMS SURVEY Orion R, Wode R.P.L.S. No. ABSTRACT NO. 1165 07-26-2018 HUGH F. LARGENT SURVEY RAYMOND L. GOODSON JR., INC. ABSTRACT NO. 960 12001 N. CENTRAL EXPY, STE 300 TARRANT COUNTY, TEXAS DALLAS, TX. 7'5243 CITY OF FORT WORTH, 214-739-8100 rlgOrkinc.com SCALE 1" = 50' DA TLF 07-26-2018 SHEET 2 OF 3 TEXAS PE REG #F-493 TBPLS REG #100341-00 JOB NO. 1811.016.001 E-FILE 1811.016.001 DWG NO. 26,867X CURVE TABLE CURVE DEL TA RADIUS rANawr LENGTH CH. BRG. CHARD Cl 479'40' 1477.51' 57.98' 115.90' N1.3:30'54W 115.87' C2 5V4'01' 1545.51' 68.38' 1.36.67' NMV9100"W 136.63' C3 476'32" 790.50' 29.51' 58.99' N10'0555"W M 98' C4 15V4'56" 809.50' 107.16' 21.3.09' N7'38'38"W 212.47' C5 133031' 790.50' 95.95' 190.97' N420'49W 190.51' UNE TABL£ LINE BEARING LENGTH Ll S8.5 32'01'E 32.77' L2 N024 47"W 60.00' L3 N8935'131E 15.00' L4 S024471E 60.00' L5 S8935'137W 15.00' L6 S15 4544 E 553.97' L7 S8979'04 W 335.13' L8 S15 45'44'£ 129.18' LEGEND ........ PROPERTY LINE D.R.T C.r. ........ DEED RECORDS ----------- ........ £X/srm EAsf&vvr LINE rAmANr ODUNrn rX ........ SEr9ACK LINE /NST. ND. ........ /NsrI umwr Nuvam �••. ........ PROPOSED DEM070V P MME MANIMANCE AREA LINE PC. ........ PACE ....... PROPOSED DGEN77ON CAB. ........ CARWr MAINTENANCE AREA PG ........ PA 6X YaRS ........ 1/2'IRON ROD wrH CUs/d/F ........ aosELEO x-SET/ram YELLOW PLASW CAP PFc ........ POINT FOR comER srAMPED InG MIC'SET (p/) ........ OpyrRaLm IIONN6ENT UNSW ........ MAC NAK WrH WA-WER OF /RaV ROD FOUND EXHIBIT' "A" DETENTION MAINTENANCE AREA J-1 LOT IR, BLOCK 7 RIVERBEND WEST BUSINESS PARK ADDITION WILLI" NORRIS SURVEY ABSTRACT NO. 1165 HUGH F. LARGENT SURVEY RAYMOND L. GOODSON JR., INC. ABSTRACT NO. 960 12001 CENTRAL EXPY, STE 300 TARRANT COUNTY, TEXAS DALLAS,, TX. 7'5243 CITY OF FORT WORTH, 214-759-8100 rlg*rlginc.com SCALE 1" = 50' DA TE 07-26-2018 SHEET 3 OF 3 TEXAS PE REG #F-493 TBPLS REG #100341-00 JOB NO. 1811.016.001 E—F/LE 1811.016.001 DWG NO. 26,867X EXHIBIT B ALLIED ELECTRONICS BASIN J-1 EXHIBIT B BASIN J-1 Drainaxe and Detention Summary-From the Final iSMW Drainage Analysis(Approved 8/1/181 Drainage Area: 1.09 AC Time of Concentration(Tc) 10 min Impervious(%) 49% Underground Detetion Basin J-1 ID Volumeprovided Volume required P-103 2,002 cu.ft 1,430 cu.ft Two(2)51'of 30"ADS HP Storm ST-102 to have a weir to regulate discharge(see Stormwater Mangement Book) BASIN J-1 Point of Discharge 1-YR STORM 5-YR STORM 100-YR STORM Allowable Routed Allowable Routed Allowable Routed Discharge cfs Discharge cfs Discharge(ds) Discharge e _Discharge(ch) Discharge cfs West POA J-1 1 11.28 11.8 1 20 w � X d W ga o� z M C7 x Q \\\\ WQ x '�ap \\ �.� I-- 1 to �p � A Q y M 400 � 1 m � a tic Q m OD F— m 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 8 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 1 O Rev.11/17/2016