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HomeMy WebLinkAboutContract 52078 C?TY SECRETARY COI},rT RACT NO. 570-79 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of March as , 2019, by and between Crowley Independent School District, acting by and through Mr. Randy Reaves, 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 93.592 acre tract located in the Antonio Fernandez Survey, Abstract 506, Tarrant County, Texas according to the deeds recorded in Insturment Nos. D206044642 and D21817I049, 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 Cowley ISD Career & Technology Education Center 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 OFFICIAL RECNZ STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECR9T RY Rev. 11/17/2016 F31G l4lWR FT. WORTH,T 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 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 thioday of&&Z 2019. Crowley Independent School District City of Fort Worth i 46n dy Rei. Jesus J. Chapa Executivectorof Operations Assistant City Manager Approved as to Form and Legality 1 vi VL mo Assistant City AftUrney ATTEST VOR . „ City Secreta .�XA$ OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT E,f 0a Rev.11/17/2016 FT. vV OI�Aq� /TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on )Qjy by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth4 on behalf of the City of Fort Worth. MARIA$,SANCHEZ ' o, *= My Not ID#2256490 Expires December 19,2021 Not ry Public, S to of Texas 'FOF S6 P STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this �� day of X00(' ey , 2019, personally appeared Randy Reaves, known to me to be the eerson whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Crowley Independent School District, and that he executed the same as its Executive Director of Operations and as the act of such and for the purposes and consideration expressed in the foregoing instrument. .4 Idt ':`"a% BRENDA S. DEAN ry Public, State of Texas °' Notary Public,state of Texas rGV.+Q My Commission Expires `:�`` May 08, 2019 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT /� [y, �p Rev.1111712016 FT. Y��A)�, ug,-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 requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH, TQC EXHIBIT "A" "Storm Water Detention Facility" Being 3.390 acres of land situated in the Antonio Fernandez Survey, Abstract No. 506, Tarrant County, Texas, being a portion of those certain tracts of land conveyed to Crowley Independent School District, as filed in Instrument No's. D206044642 and D218171049, Deed Records of Tarrant County, Texas (D.R.T.C.T.); and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap stamped"Landes & Assoc." found at the southeast comer of said Crowley I.S.D. tract(Inst. #D206044642, D.R.T.C.T.), also being the northeast comer of said Crowley I.S.D. tract (Inst. #D218171049, D.R.T.C.T.), and also being in the west line of Lot 2x, Block O, Southfork Estates, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument #D218054861, Plat Records of Tarrant County, Texas (P.R.T.C.T.), from which a 1/2 inch rod found at the southeast comer of said Crowley I.S.D. tract(Inst. #D218171049, D.R.T.C.T.),also being in the north Right-of-Way line of Longhorn Trail; THENCE N 82045'39" W, over and across said Crowley I.S.D. tract (Inst. #D206044642,D.R.T.C.T.),a distance of 219.25 feet to a 1/2 inch iron rod set with cap stamped"TNP INC ESMT" (hereinafter all 1/2 inch iron rods set are marked the same) for the POINT OF BEGINNING of the hereinafter described tract of land; THENCE over and across said Crowley I.S.D. tracts (Inst. #D206044642, D.R.T.C.T.) and(Inst.#D218171049, D.R.T.C.T.),the following courses and distance; S 00003'20"W, a distance of 437.80 feet to a 1/2 inch iron rod set; S 71'09'53"W,a distance of 244.39 feet to a 1/2 inch iron rod set; N 31°22'21"W,a distance of 165.23 feet to a 1/2 inch iron rod set; N 0000413"E,a distance of 269.71 feet to a 1/2 inch iron rod set; Sheet 1 of 3 CSD 18320 N 46°25'34"E, a distance of 220.96 feet to a 1/2 inch iron rod set; S 73°34'26" E, a distance of 164.02 feet to the POINT OF BEGINNING and containing 147,662 square feet or 3.390 acres of land. tE of r C ops e94 D ruary 18, 2019 TIAERON W.SIMS Theron W. Sims, R.P.L.S. :4 5887 Texas Registration No. 5 op 89%o? Surveyed on the ground, February 15, 2019 uavE 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.000148415 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description&Sketch b. Sketch Sheet 2 of 3 CSD 18320 S�R IV. INST.RD D20604 42 D Z D6 R.T.C.T. I i R N �, 5 6 ''..... P.O.B01 ' I f ';:'f�??s�:��..i.::�:�:�:`:-;:`.:�:�.`•; :::'...t. .......................... ..••.......' .... .2s .... I1 •— s y I �O I k a!:t I .......:......::;:•:::::;:;:;:::::::::::;::;;;:;;::::::•;:•::•::•;:;•:;;;:•;:•;:;; •:•;::::..........: ............. P.O.C. Q FND 1/2' IRF t ' 1 .: ......;:....... :? :?:_:: :;:: :................................................................... ... .... . . ...... WITH TAMP CRDWLEY I.S.D. CAP STAMPED I 'LAND E5 dt ASSOC. S INST. #D21817 f 049 (CONTROL MON.) D.R.T.C.T. F: I :. t: ' I t- I n W of Q¢: : •.••• •-• •.• �•• NO M . ' :N "*""*"***"*................,.,.*.,.,.,.1::; ;: ::: : :;:: ::.. I II � ti _M �::•:: (3.390 Ac.) J I w O �O O ri 1 Y b ' I Z N •� 0 I O O :o 2 41 `•N O O a7 I 2 it O V M W I ... o; I :•:N S O N b I 0 O J y u' (n I SCALE: 1 =100' ��•: ? ::•;:•;::............ ...; <; ::;::::::• .........•::•:..................I.............:::.... W I ':. : ' .: `': :: .::.::: ; :.;:.: 39y;�y' CROWLEY I.S.D. 3"'iI'✓ ap INST. ID218171049 �s ....... :.':.::..... D.R.T.C.T. THERON W. SIMS, R.P. I TEXAS REGISTRATION N0. 5887 I Date: February 18, 2019 1)Bearings of lines shown hereon refer to Grid North of the Taxes Coordinate system of 1983(Nora, ' I Central Zone;NAD83(2011)2010.00)as derived locally from Western Date Systems CorMnucusy Surveyed on the round Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Y 9 Combination Factor of 1.000141!415 was used to scab grid coordinates and distances to surface. I February 15. 2019 I 2)All easement tamers shown hereon marked with 1/2 Inch iron rods set with cap stamped 'TNP INC ESMr. t rFr t R•F.I 3)Integral parts or this survey EXHIBIT "All A F� a.Lao Description STORM WATER FORT ... S.. b.Sketch WN TR. "..ERo i'w.'....."' DETENTION FACILITY q LOT 10X, BLK 5887 SOC/THfnRK EST. •'•'�FF s s t o•.•OQ- INST. SU R�ty Situated in the Antonio Fernandez Survey,Abstract No. 506, JD218054861 Tarrant County,Texas. P.R.T.0 T. L 0 N G H 0 R N TRAIL (COWOLIMON.) teague nall & perkins 5437 N.RivNside Drive,Suits 100 Fort Worth,Turas 76137 817.336.5773 ph 817.334.7756 fx V/08 No. CSD 18320 www.tnpinc.eom/Registration No.100116-00 SHEET 3 OF 3 \';f0-P.soo-FTOekwbw ow&fron jrc r — cso tamo.d*g 1 'ily .i I , 1 ♦ � 1 1 ♦ate; - ♦� 11 � II---I • !`!!♦ 1i I .i�llll � ♦!�ile�`re ♦ ! ��ii•�%fie♦w. m m C V � C O QQ °x 3 O 8 $ 6 6 6 FO N f? o o r w 'p Ifl V 0 LL 00 ou C x W 0 V M N C � m v LL La i A O Z t o- O °1c` r = IL 0 n r P � m W W s Z S :° ZtZ ol CINI !§ - | 2 . u � § % _U � B 0 LA■� E 8��•;_® � _ � � � C*l ƒ%%!uo ._ 0 ° c o u C 4 x W / k / & o y. Q � • , / z® z z` ■. z ® .■ � z � 2■ � �!■�■ | tnp _��� •; |lM§ A �Q j /�§� -§■ � O , mz py,u / %��a■ � s A @»!] | .. . � � | J � - � � --- _ ■ 1 Il Mel is�Irc w�� �� �•�' ',ill �f t:�'�I 'i I MUM IUi• ,� i.'�i- = III 'I • r I _ 1T KFy 1+ i ILB 1,.,,,,r•►� ,1:�: � `" � ' ''it .i ��►�� �� ���:�, � :SII I: � yj_ ; _ � �` ►, =� , (��I �1 ,III JIIIE 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 10 Rev.11/17/2016