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Home My WebLink AboutContract 51909 'y CPN # 101623 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of ff br arg R Q0 19, by and between Ironwood Crossing Public Facility Comoration, acting by and through Mary-Margaret Lemons, 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 3.892 tract located in Britton D. Alford Survey, Abstract 37 Tarrant County, Texas according to the deed recorded in Instrument No. D219005627, 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 Oiala River District 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 O ("Facility") as shown on the Plan be constructed and adequately maintained bysthe L)FIACDAL RECORD ztO « STORMWATER FACILITY MAINTENANCE AGREEMENT LFT. SECRETARY Rev.11/17/2016 F> ; WOR ,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.11/17/2016 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 oblilzation 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.1111712016 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.11/17/2016 Executed this 1"`'I' day of 2019. LANDOWNER CITY OF FORT WORTH Ironwood Crossing Public Facility Corporation a Texas limited partnership Name: ary- aret mons Title: Secretary eas r Jesus J. Chapa Assistant City Manager Date: Date: Approved as to Form and Legality Assistant City Attorney :;. ATTEST : Gy ;t tit;Secr t OFFICIAL RECORD CITY t� !> OSECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. v N H, IN E Rev.11/17/2016 i STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on12—, Zo(? by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. MARIA S.SANCHEZ r' Notar Public, State of Texas My Notary ID#2256490 "''•r�'o'r SF+� Expires December 19,2021 nw��l STATE OF TEXAS § COUNTY OF TARRANT § Before ine, the undersigned authority on this day of January 2019, personally appeared Mary-Margaret Lemons 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 Ironwood Crossing Public Facility Corporation , and that he executed the same as its Secretary/Treasurer and as the act of such —PFC and for the purposes and consideration expressed in the foregoing instrument. tot"Py'•' cc= EVA C.KEY ., •` My Notary!D#10943269 Notary Pu ic, t e o Texas Expires August 15,2021 OFFICIAL RE�DRI CITY SECRETkP%R`�ti :r STORMWATER FACILITY MAINTENANCE AGREEMENT �ptp� iI Rev.11/17/2016 FT VYORT14 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 ®FFICIAL RECOkk- CITY SECRETARY F` . WORTH,T EXHIBIT "A" STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 LEGAL DESCRIPTION BEING a 27,294 square foot (0.6266 acre) tract of land situated in the Britton D. Alford Survey, Abstract No.37, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described Special Warranty Deed to NSHE Tx Clown Loach, LLC recorded in Instrument No. D215167990 of the Official Public Records of Tarrant County,Texas; said tract being more particularly described as follows: COMMENCING at a 5/8" iron rod with red cap "KHA"found in the north right-of-way line of White Settlement Road (a variable width right-of-way); said point being the southeast corner of that tract of land described in Quit Claim Deed to Vernon Hooper recorded in Volume 5052, Page 788 of the Deed Records of Tarrant County, Texas; THENCE North 89°52'44" West, continuing along the said north line of White Settlement Road and along the south line of said Vernon Hooper tract, a distance of 150.62 feet to a 1/2" iron rod with "Fulton Surveying" cap found in the said north line of White Settlement Road, said point being the most southerly southeast corner of said NSHE Tx Clown Loach, LLC tract; THENCE North 89°52'44" West, continuing along the said north line of White Settlement Road and along the south line of said NSHE Tx Clown Loach, LLC tract, a distance of 137.50 feet to the POINT OF BEGINNING; THENCE North 89°52'44"West, along the said north line of White Settlement Road and along the said south line of NSHE Tx Clown Loach, LLC tract, a distance of 11.50 feet to a point for corner; THENCE North 0°00'00" East, departing the said north line of White Settlement Road and along the said south line of NSHE Tx Clown Loach, LLC tract, a distance of 75.89 feet to a point for corner; THENCE North 90°00'00"West, a distance of 35,70 feet to a point for comer,- THENCE orner;THENCE North 0°00'00" East, a distance of 216.42 feet to a point for corner; THENCE South 90°00'00" East, a distance of 122.08 feet to a point for corner; THENCE South 0°00'00"West, a distance of 216.42 feet to a point for corner; THENCE North 90°00'00"West, a distance of 74.88 feet to a point for corner; THENCE South 0°00'00"West, a distance of 75.89 feet to the POINT OF BEGINNING and containing 27,294 square feet or 0.6266 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. EXHIBIT "A" DETENTION AREA EASEMENT BRITTON D. ALFORD SURVEY, • '�P•'"�C,IST ABST. NO. 37 MICHAEL C. BILLINGSLEY ...:.......................:•• CITY OF FORT WORTH TARRANT REGISTERED PROFESSIONAL MICHAEL CLEO BILLINGSLEY COUNTY, TEXAS ................................ LAND SURVEYOR NO. 6558 6558 801 CHERRY STREET, �PQ Q UNIT 11 SUITE 1300 9�0 FESS .•�o Kimlev))) Horn FORT WORTH, TEXAS 76102 S U R 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 PH. 817-335-6511 Fort Worth,Texas 76102 FIRM#10194040 www,kinnley-horn.conn Scale I Drawn by I Checked by Date PME No. Sheet No. michael.billingsley@kimley-horn.com N/A CDP MCB 10/23/2018 061300400 1OF2 BILLINGSLEY,MICHAEL 10/23/2018 5:28 PM K:\FTW SURVEY\061300400-OJALA RIVER DISTRICT\DWG\06300400 OJALA RIVER DISTRICT-EX-DAE.DWG 0 30 60 NORTH _ GRAPHIC SCALE IN FEET L5 VERNON HOOPER Z cv (VOL. 5052, PG. 788) Y O C9 DENTION AREA J o 0 EASEMENT LINE TABLE 00 J 0.6266 ACRES J I NO. BEARING LENGTH O W CO 00 27,294 SQ. FT. L1 N89°52'44"W 11.50' J Y O L2 N00°00'00"E 75.88' > L3 N90°00'00"W 35.70' L4 N00°00'00"E 216.42' L5 S90°00'00"E 122.08' L6 S00°00'00"E 216.42' L7 N90°00'00"W 74.88' L3 L7 L8 S00°00'00"W 75.90' NSHE TX CLOWN J co LOACH, LLC (INST. NO. D215167990) 1/2"CIRF "FULTON SURVEYING" (C.M.) _ _246.43' _ N89°52'44"W 137.50' _ _ N89°52'44"W_150.62' LEGEND L1 WHITE SETTLEMENT ROAD 5/8"CIRF"KHA" P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) C.M.=CONTROLLING MONUMENT CIRF=CAPPED IRON ROD FOUND NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets out the metes and bounds of the easement tract. EXHIBIT "A" DETENTION AREA EASEMENT �E of TF BRITTON D. ALFORD SURVEY, �P• GISTEO:rye, ABST. NO. 37 MICHAEL C. BILLINGSLEY ••••••. .......•... CITY OF FORT WORTH, TARRANT REGISTERED PROFESSIONAL MICHAEL CLEO BILLINGSLEY COUNTY, TEXAS ................................ LAND SURVEYOR NO. 6558 0 6558 CHERRY STREET, UN OPESS,��' o� Kirnlev* Horn UNIT 11 SUITE 1300 7y�•••.,,,,,, .•�� FORT WORTH, TEXAS 76102 S U R 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 PH.817-335-6511 Fort Worth,Texas 76102 FIRM#10194040 w .kimley-horn.com Scale Drawn by Checked by Date Project No. Sheet No. michael.billingsley@kimley-horn.com 1--=60, CDP MCB 10/23/2018 061300400 201`2 BILLINGSLEY,MICHAEL.1012312018 S28 PM K:\FTW_SURVEY\061300400-0JALA RIVER DISTRICT\DWG106300400 OJALA RIVER DISTRICT-EX-DAE.DWG Uj > Ooil `-OQoXm'r� 3- L• a Q x N i o g CY.1 F-LL y N m = m gas) 2 y�rz /\ sfilR z x dmN5c ROU ^ S o ads a 5 h ::. a o _ s C a l m s , S 'ate=�` ��¢ EY' 5 O� sxs �dg0g (� All �dgg� �a �, 4 ei 4 An a a s $'fZ { R, m j! Ee} p$g� 3% '$995 LCL m / Ulf' a 3AIN0 VIN3HIV � ' ,� � li3d 1S 5 a�Qgr�f g �x i d i _ _rr-- yli a )�2 � • � b °q �e gg 2 I it 4 s` s4 qy dE a <M � _ � fl$YS 3 6 I LLE#F /00Mas I� z� II Y,,�s cs3oare.nni3a:.si�,nr, ��pgEEd€#z�'S.#�E(FSP�.Y`tE�#€?'s1!e�#:#% €sd��t$$t4`a�,ak•� "m3�"num 'Eg4�a9 #�'•�� lHilba#.;F _•!ggIs 3 I a F Zs e.o,e Feu. 8 rima{ Ul to a {e vd� �Im• �Z: i3! as t� ��s% §� -N Ia.vto, �tl= a3t sE w x€� lra Sh!. t. di �1g ay f S5ggEag[[ I J—1 _ — rHiaiM a'e>laa,• �. . � zri�viniiw H �t % v a 1 I _ / —_ _—_—__'� 8 ALS '6 �S Yt_6t {{� •S ! 4£�� — •1�bSLLL'b � l_—__ € � ��c' fT frt E �4: r � pp_ FY yy t acn t 3 1..UN 3N�tl Ntl db LOKO % P '�'�� fibf . l `[@5F6 E�, Nil as sed ��a r C ` avoa�ddo-ino sia3sot _ s Buz! i # -- mph pg yya�� dsi `g� b �p FF S Y4� i� tin, o"Sv� ig�6a'c aaf5pp6 jEb ylly 5 � 4 � � 4 � I � F �.. S• nx'�II 3 1 ri ll an i 11 e a, Mgr nag" � toil{ i€b��( aq a y HS c sa N 1e$oedF 5e'vsi 9�s F Hung ua 1 �F3 # ? ^ ! ` Y# #�H 3b ;� t 'c 1 t o a j s a st ggd�� ea � F Min a� 63 qF yj , I# ;_ ? i X ➢g� a a " .pdaF k°l in UM {{5 4 p$¢ '§�pp� • a �� t �pEfg ie ieg�fa1 Ali kB fgs.i ; bPFY�6S GA�9 oA li EXHIBIT "B" STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 ENOISN tl rliaonniaoiJoulO inoA`dl _ j lORilSl4 a3l�la iinVA NO!1N3AG =o UJOHO(ADIW�N W I r_ �tl��°� blvro Nbld ci NOIlomiSNOO WMS! 1�31'CJ.i VIM ai q�q '° o 1 1 5 j k �� 3y3 I FZ d Z U rn 4 Lel t-f g_ e LLo �� '€ S! �"s fat•�� $ of I �' �"z o E __— � � --- 1 N ` 111 _ LL • I o E e 3 EZ I _- t`—_ ___ '�i _ 1 Dow 8 8 & & a 1 �o I OM z Mik I r i s r N`> I o> rj 80 I-. _ � I teeilaawi � I avow ddo-iano siaaso _ _f <2 n m O O �Nm v O.. �z ,n u N = - II N mmm c., u e � s �noo♦w>rt _ � I i_nc exacx .s a+3 r F�' o r p, � _ m ovoa H3w3�u3s 3-ixm x o ukf m � urn a . rFr. a-�e„s3 n Ea, A a enea' o I _ f 0 F � _F Y F Y C F � _b Hl�rri A S~ OJALA < STORM PLAN AND PROFILE —qt Kimley>>>Horn o m RIVER DISTRICT CITY OF FORT WORTH Fens��Ns EXHIBIT "C" STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 Exhibit "C" CITY OF FORT WORTH DRAINAGE VAULT 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 vault's volume is reduced by more than 10%. In addition, corrective measures are required any time a vault does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in vault. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the vault. Disposal shall be in accordance with federal, state and local regulations. To prevent debris from entering and clogging the downstream storm sewer system a pipe inlet sediment trap 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 vaults system's primary components, silt, litter and debris removal dates. • 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 10 Rev.11/17/2016 EXHIBIT "D" STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11/17/2016 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Remove Trash and debris Violations Noted MINOR INSPECTION Condition of Vault Amount of silt in Vault Amount of ponded water Condition of trash guard MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Evidence of Animals Evidence of Aquatic life STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016