The URL can be used to link to this page

Home My WebLink AboutContract 51476DOE # CITY SECRETARY CONTRACT N0. STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between Parkwood Trail Lot Venture, Ltd, acting by and through Adam Buczek in his capacity as Authorized Signer of Parkwood Trail Lot Venture GP Corporation (the General Partner of Parkwood Hill Lot Venture, Ltd), 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 11.39 acre tract located in the Phillip Green Survey, Abstract 566, Tarrant County, Texas recorded in Instrument Number D218115193, 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 Parkwood Hill 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 .r � tiAvA2ER6 FACILITY MAINTENANCE AGREEMENT 0 qqy OFFICIAL RECORD CITY SECRETARY FT. WORTH,1`CX 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: 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. 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 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 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 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 [SIGNATURE PAGE FOLLOWS] fi Executed this day of QA4�� 20/y Landowner: City of Fort Worth Parkwood Trail Lot Venture, Ltd., A Texas Limited Partnership By: Parkwood Hill Lot Venture GP Corporation, A Texas Corporation Its general p er By: A am B zek Jesus J. Chapa Title: Authorized Signer Assistant City Manager Approved as to Form and Legality Assistant City Atto ey M&C: NR 1295: N UIi4ICIAL RECORD CITY SECRETARY FT, WORT4, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on "� �) 0 1 a 3by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. `�ay.f.3�� M1r1 w /'. dor ' .<�; "iARIA . SANCZ ;D # 2256490 ',^i`.: eCmuci 19, 2021 STATE OF TEXAS § COUNTY OF TARRANT § d All it, �a(1 - I - - - F I F 1 AL Nota y Public,' late of Texas Before me, the undersigned authority on this q7% day of 0c'1-dhe - , 20 personally appeared _ zdo n j Sy eze% i d ri`z/ a� �'i� yr e ✓ d P� �1'�t�e �� / / Lvf ✓t 4 b2ty 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 PC, 4rj41.qA-1i , and that he executed the same as its grl'wd-r,`Z and as the act of such and for the purposes and consideration expressed in the foregoing instrument. npTR CIA SNYDER Ka `M1 `P State of Te• otar, pub,rc, C;6-30-2019 ,� �� i:orrim '�xptr�'15 003 ----- %:'rF;,F'� STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/17/2016 Notary Public, State of Texa._ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" BEING 11.393 acres of land situated in the PHILLIP GREEN SURVEY, ABSTRACT 566, Tarrant County, Texas and being a portion of that certain tract of land conveyed to Lumbermen's Investment Corporation by instrument recorded in Volume 12717, Page 1440 of the Deed Records of Tarrant County, Texas (DRTCT) and further described as follows: BEGINNING at a 5/8 -inch iron rod with cap stamped "Survcon Inc." set for the southwesterly corner of said Lumberman's Tract and being on the easterly line of Parkwood Hill Boulevard (a 80 -foot wide platted right-of- way); THENCE North 07 degrees 41 minutes 11 seconds East along said easterly right-of-way line, 1170.37 feet to a 1/2 -inch iron rod with cap found for the southwesterly corner of Lot 1, Block 1 of the Villages of Parkwood Estates, an addition to the City of Fort Worth according to Plat thereof recorded in Cabinet "A", Slide 6394 of the Plat Records of Tarrant County, Texas (PRTCT); THENCE South 82 degrees 18 minutes 49 seconds East along the southerly line of said Block 1, 424.88 feet to a 1/2 -inch iron rod with cap found for the southeasterly corner of Lot 5 of said Block 1 and being on the westerly line of the T&P and M.K.T. Railroad (a 100 -foot wide right-of- way); THENCE South 07 degrees 41 minutes 11 seconds West along said westerly line, 963.12 feet to a 5/8 -inch iron rod with cap stamped "Survcon Inc." set; THENCE North 82 degrees 18 minutes 49 seconds West, 50.00 feet to a 5/8 -inch iron rod with cap stamped "Survcon Inc." set; THENCE South 07 degrees 41 minutes 11 seconds West, 20.00 feet to a 5/8 -inch iron rod with cap stamped "Survcon Inc." set; THENCE South 82 degrees 18 minutes 49 seconds East, 50.00 feet to said westerly line of the railroad; THENCE South 07 degrees 41 minutes 11 seconds West along said westerly line, 187.25 feet to a 1/2 -inch iron rod found for the southeasterly corner of the aforesaid Lumbermen's Tract and being the northeasterly corner of Lot 1, Block 1 of the Basswood Commercial Addition, an addition to the City of Fort Worth according to the Plat thereof recorded in Cabinet "A", Slide 5829, PRTCT; THENCE North 82 degrees 18 minutes 49 seconds West along the southerly line of said Lumbermen's Tract and the northerly line of said Lot 1, 424.88 feet to the POINT OF BEGINNING and CONTAINING a computed area of 11.393 acres of land. STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev. 11/17/2016 RS a EXHIBIT "A" r• �• •, Nbro A� 3esNN��_ kil lit i fr a i{litit All i N sf E lEa li jji6Flo liltyi e { ! lit]}{ FF I lit {l ldj{'j1P iet}{ id{ I j jijj;d l i aa3 ]{t ell .� el ! �j�V t ;cee 4 }Ot;;`i l�th I t le d fyF�� yJ'i 3. . i z}it�l g 4ij}ia� Ff3tlS� 11t, � 2 t wxo B � E FillS wal23 g "8 I��EfSt��EC� �o`�lytVoF i'�` ieaeeneeEi EE � �m�e hR C S li�gi ��°2 Ua v 6ye!lpF ppt!!FFP C_ ;ss!!llisls!!sl �� I IpEpp = 3 '� €€yyilteE i kil lit i fr a i{litit All i N sf E lEa li jji6Flo liltyi e { ! lit]}{ FF I lit {l ldj{'j1P iet}{ id{ I j jijj;d l i aa3 ]{t ell .� el ! �j�V t ;cee 4 }Ot;;`i l�th I t le d fyF�� yJ'i 3. . i z}it�l g 4ij}ia� Ff3tlS� 11t, EXHIBIT "A" i b 19 O�h2o bti o pF D�Va�Uss J ti: Q°Z��ot'z 0 2 p°ijb�a Krc d 4 �sE b� ➢{Hagg a till a yy$gSl a =?# g •$Y��4 '➢fig `F'{g i {Aj I�$� _F_ � i till 4_ $ _ p F .. ➢g€ �a a �,Y€ IP`i�{g $R M .. Y �{�➢s 3b � � � s'� i a{?� g 1 Id Yo�g. =�$�C �I$ {p� g t �I{ beb k � 41F�� a F i 4 €` �b 'YR�E- E i • "b��•6 Ia��'Id Nb y��`-b E � yg 99 $ � I �� ➢- p i i i2 ge33P gg� `�q��°`,5b iQ6 $b r fie?[ �. � € � g� me➢8Q ya.�l:r: c€� � I All aylftl� �g�� fit{1g@ 396 g { gl ! "l8 `F`g$_.• 1 p {:-7`° 8 11`g`� o+a�pggp� sp'#a a igapyc ➢g $s i�% i i ani @ �$,p 5�•;� gy$_fillo.�oA t�=a5r��a ={^ g'� s� $� a, • a9a_7 {$ag it I it I fpj �_ 1 1 E}} E 9 ij $ • { ��$$g ooa{ €€6 apBE� Pee {g ®p€ �p eII �pI ep{�P �$ yga app aga Ag b ate Wif, AFI �Q ag 9,9,Yp S� L� ° �� g � `dig • a; i EXHIBIT "B" North Detention Pond Summary - Modified Rational Method North Pond Qa= &38 ds D(in) D(ft) H(ft) Q(cfs) Qa (ds) 13.00 1.08 3.46 8.25 &38 Orifice Calculations Q=3.78 x Dz x Hos Qa = Allowable Flow OVERFLOW STRUCTURE Pltpreed odldt/on: a.0 am K'. b". So- 1.49(1+m(b/d))"" ) (d/b) sn Q n x'_ 11+2(d/b)(I,M ))V' / m e Cri f we fifint r dell nslonr is 0100 Maximum Water S10Rkq DURA1X115 1 1. DISCHARGE INFLOW OUTFLOW Return Event CL Q Td Pd Vnm,e.,n Pun Vrr Label Scenario (Years) (cfs) (ds) (min.) (in.) (Cu. Yd.) (in.) (Cu. Yd.) Surface Elevation DRAINS TO INLET 3258 50 0.67 15 14905 12375 1710 DRAINS TO INLET H (ft) 0.72 15 Tarrant - e, b,d 349 5.11 &38 DRAINS TO NORTH POND NORTH SITE EXISTING - DRAINAGE CALCULATIONS QdiA North Dention Pond coefficents., 1 yr 1 3.43 10.00 34.23 1.15 275.07 1.77 424.04 672.34 Area Tarrant -e, b, d is is Ifee ca C6 AREA North Dention Pond mefficents. Syr 5 5.03 14.66 43.83 1.97 467.23 2.95 701.89 673.05 Tarrant - e, b, d (min) Remarks B North Dention Pond coefficents. 100yr 100 &25 24.06 51.58 3.63 860.62 5.44 1289.10 674.30 Modified Rational method used from i5WM Hydrology Manual. Equanions used: 126,1.27,1.28x, and 1.28b. Also used were Table 1.8 and the Rainfall Table to Tarrant County. NORTH DETENTION POND DESIGN Orifice Calculations North Pond Qa= &38 ds D(in) D(ft) H(ft) Q(cfs) Qa (ds) 13.00 1.08 3.46 8.25 &38 Orifice Calculations Q=3.78 x Dz x Hos Qa = Allowable Flow OVERFLOW STRUCTURE Pltpreed odldt/on: a.0 am K'. b". So- 1.49(1+m(b/d))"" ) (d/b) sn Q n x'_ 11+2(d/b)(I,M ))V' / Overflow Structure North Detention Pond Pfl'pased Drarep AMS' aaes ladndr Ccefftef, 35695 12375 23.RR7 EMOV CaawEdrt"ir7.28 eh 50 4 3D 1303 39075 14650 1 24225 60 3.84 11.63 41874 Pltpreed odldt/on: a.0 am 00 3.37 10.20 48941 ��2217526666 m e Cri f we fifint r dell nslonr is 0100 (�) S10Rkq DURA1X115 1 1. DISCHARGE INFLOW OUTFLOW STORAGE TYPICAL SECT101� OVERFLOW STRUCTURE (moues) laMa1 klsl (ts1 mst mal -I 40 491 1487 35695 12375 23.RR7 NORTH DETENTION POND DESIGN PflpdredD7✓�Uag° Area 4 acs Rdflo/rCOSTACIE/[ EZWkV Oon�ldr[ 1Q.� ers PtpaecdCOldtlOrr 17.n ea90 QfIe WVPM49hdSe=Or 8.>r ds 05 50 4 3D 1303 39075 14650 1 24225 60 3.84 11.63 41874 70 3.60 10.91 45838 00 3.37 10.20 48941 ��2217526666 3.13 9.48 51161 10D 2.89 8.76 52561 Rainfall dan(imandlyin i"sne kdion komthe iS11MHIdmbgyTechniml M-1 for TammCoumy NORTH DETENTION POND DESIGN Pf posed Drarwge A'W 1.>r acfes Rddnefrcoef, ief' 0.M EVS&V Caxlillon 187.98 ch Pdposedommim: ILM ch owme (iffail 1 deftorr R.2& ch 01 SIDW DURATIONS 1, DISCHARGE INFLOW I OUTFLOW STORAGE (minutes) Q1 C6 ) Ra) (�) 10 C(aetual) Concentration 7379 (cis) 4904 20 MM6,66 10250 5300 30 11995 R2475 4570 40 2.89 13150 DRAINS TO INLET 3258 50 0.67 15 14905 12375 1710 tcMM arta(Irxensilyin INhrl waa Orion aem the IN MH)ura" I echnNel NYnualtof IammL;wrKy IL14P *= . As W 6.20 REQUIRED STOPAGE. gA4 tTF Rainra8 data (intone xvin inasl ran taken kom the t51n4A HrdmlcavTechrrir�l Mmual M Tarrrd Courav Caw- O*x C 4V 0A407)? NORTH DETENT/ON POND TI R TH OETENTION OUTLET STRUCTURE POND OVERFLOW STRUCTURE MIs Mi RAWaVo L WW.% v a* -V1. ENCIAEMS 6607 BR/DCE snWEr, SUIX 410 FORr #wTH, 7FXAs 76772 617-687-oow E -AUK: molt)naygmacom FnW REG F -49S RL G/OF181,3, 003 EXHIBIT B NORTH DETEN T/ON POND CAL COLA TONS PARKWOOD HILL DEI/ELOPE4r ENT CITY OF FORT WORTH, TEXAS NORTH DETENTION P OVERFLOW STRUCTURE DETAIL Mrr NORTH SITE PROPOSED- DRAINAGE CALCULATIONS QcCiA DRAINAGE af Area la I, lue Q1 C6 Qlm AREA (acres) C(aetual) Concentration (In/hr) (in/hr) (In/hr) (cis) (cis) (cls) (Mn) Remarks B 1.30 0.67 15 3.32 4.86 7.98 2.89 4.23 695 DRAINS TO INLET I 1.63 0.67 15 332 4.86 7.98 3.63 5.31 &71 DRAINS TO INLET H 1.46 0.72 15 332 4.86 7.98 349 5.11 &38 DRAINS TO NORTH POND NORTH SITE EXISTING - DRAINAGE CALCULATIONS QdiA DRAINAGE Area is is Ifee ca C6 AREA (acres) C(actual) Concentration (in/hr) (in/hr) (in/hr) (cis) (cfs) (cfs) (min) Remarks B S.01 1 0.30 1 1 1 3.32 4.86 1 7.98 1 4.99 7.31 1 11.99 1 DRAINS TO NORTHEAST Rainfall data (intensity in in/hr) was taken from the iSWMHydrology Technical Manual for Tarrant County. Caw- O*x C 4V 0A407)? NORTH DETENT/ON POND TI R TH OETENTION OUTLET STRUCTURE POND OVERFLOW STRUCTURE MIs Mi RAWaVo L WW.% v a* -V1. ENCIAEMS 6607 BR/DCE snWEr, SUIX 410 FORr #wTH, 7FXAs 76772 617-687-oow E -AUK: molt)naygmacom FnW REG F -49S RL G/OF181,3, 003 EXHIBIT B NORTH DETEN T/ON POND CAL COLA TONS PARKWOOD HILL DEI/ELOPE4r ENT CITY OF FORT WORTH, TEXAS NORTH DETENTION P OVERFLOW STRUCTURE DETAIL Mrr EXHIBIT "B" i 8 JEXHIBIT "B" o I I ��w � I I I I Ili I W 14 kz ^O 1000, `� Q. O _ -'� O I I• p z 0 rl o W o ujLn o I p 000_ � I � I I I;I � I W W IIIA0,3 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 INSPECTION DATE REPAIRS REQUIRED REPAIRS 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 - Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 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 10 Rev. 11/17/2016