HomeMy WebLinkAboutContract 52155 CITY SECRETARY
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
11��
THIS AGREEMENT, made and entered into this�day of . 2019.
by and between SRRG NNN FT WORTH REALCO, 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 1.976 acre tract located in the Sycamore Pointe Addition, Lot BR2R2,
Block 1, Tarrant County, Texas according to the deed recorded as Instrument No.
D219044401, 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 Wendy's #12379 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
R�CENEa OFFICIAL RECORD
pPR 10 2U19 STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECgETAR!
CITY of MR1 WDRTH Rev.11/17/2016
CIN SECHETA�Y
FT. WORTH,TX
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
Executed this 10*6 uay of �_2011.
SRRG TX Holdings, LLC City of Fort Worth
e: J. Nicholas Rhoads Jesus J. Chapa
Assistant City Manager
Title: Authorized Si nato�
Approved as to Form and Legality
Assistant City A rney
.,... ATTEST
0RT� %
.� ®.
Secretary ;
OFFICIAL REC
CITY SECRETARY
FT. W0RTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
Jesus J. Chapa, Assistant City Manager of the City of Fort Work, on behalf of the City of
Fort Worth.
��`•"PA'`��i: MARIA S.SMCHEZ J
My Notary ID#2256490
Not Public, State of Texas
Expires December 19,2021
STATE OF 1 ,kj Y,,c V,, §
COUNTY OF (K §
Before me, the undersigned authority on this p�� day of P qCQ ,20_R,
personally appeared J. Nicholas Rhoads, 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 SRRG TX Holdings, LLC, and that he executed the same as its
Authorized Signatory and as the act of such SRRG TX Holdings, LLC and for the
purposes and consideration expressed in the foregoing instrument.
Notary Pu c, State N ems, y rj`
CA1YRASHAUNBRAYBOY
Notary Public-State of New York
N0.01BR6269834
Qualified in Kings County
My Commission Expires Feb 2,2021
•.k
OFFICIAL RECORD
CITY SECRETARY
FT. W®RTHP TIC
STORMWATER FACILITY MAINTENANCE AGREEMENT
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 performance and reporting requirements.
Ashraf Ibrahim
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
"Wendy's stormwater facility sketch & description"
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
N EXHIBIT 'A'
SYCAMORE SCHOOL ROAD
0 60 120 (VARIABLE WIDTH RIGHT—OF—WAY)
� Feet
SCALE (PLAT CALL 263.24' S89'15'48"W)
1"=60' 263.56' N89.16'03"E
-------------- ----- -------------------- — --------
P-6 I FOUND MAG NAIL
FOUND"X"CUT 10 UTILITY EASEMENT WITH WASHER
IN CONCRETE I INSTRUMENT NUMBER STAMPED
D203192037,OPRTCT "YPASSOCIATES.COM"
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m W�N o M p co I LOT BR2R2, BLOCK 1 m o K
o N J N b SYCAMORE POINTE ADDITION o Q z
a z < o I INSTRUMENT NUMBER -
} F I o D213105858 W w I� N
(n a N I OPRTCT '
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to I .� L2 1<mOD
POINT FOR g W
CORNER I z J /0.2274 ACRES/ J -?o
/POB 9.906 SQUARE FEET
FOUND 5/8"IRON ROD
WITH CAP STAMPED M LCA/ L4 �—
"RPLS 1820"AND
FOUND 1/2"IRON ROD �j EASEMENT AND RIGHT-OF-WAY AGREEMENT \
NOTES INSTRUMENT NUMBER D208396061,OPRTCT _
S89'42'57"W 228.06'
1. Bearings based on the Texas Coordinate System of the (PLAT CALL N89.45'26"E 228.10-)
North American Datum of 1983(2011),North Central Zone FOUND 5/8"IRON ROD WITH CAP 1
4202 from GPS observations using the RTK Cooperative STAMPED"RPLS 1820"AND FOUND 1/2" I
Network. LOT BR1, BLOCK 1 IRON ROD
2.Improvements not shown. SYCAMORE POINTE ADDITION I
3.OPRTCT=Official Public Records,Tarrant County,Texas INSTRUMENT NUMBER
4.( )=Indicates Plat Call D203192037 I
5.POC= Point of Commencing/POB=Point of Beginning OPRTCT
A metes and bounds description of even
date and a line table accompanies this ,� O F••
Q;. +sT; �
'r 0.2274 ACRE TRACT
exhibit. •Q� W F0'9N BEING PART OF LOT BR2112,BLOCK 1
YAZEL PEEBLES & ................................
••••••.••••••••.•••••••••.•. SYCAMORE POINT ADDITION
KENNETH H. YAZEL JR. SITUATED IN THE JOHN JENNINGS SURVEY,
ASSOCIATES LLC ...............................'2ABSTRACT NO.873
TBPLS 10194022
`q��FESS\O?�Q CITY OF FORT WORTH
P.O.Box 210097 817.268.3316 V TARRANT COUNTY,TEXAS
Bedford,TX 76095 ypassociates.com
r
2018-101-001 PAGE 1 OF 31 September 7 2018
EXHIBIT IN
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
C1 90°00'01" 20.00' 31.42' N44°15'15"E 28.28'
C2 90°25'46" 20.00' 31.57' S45°31'51"E 28.39'
C3 89°59'18" 20.00' 31.41' S44°40'41'W 28.28'
C4 89°34'54" 20.00' 31.27' N45°32'1TW 28.18'
LINE TABLE
NO. BEARING LENGTH
L1 N00°44'46'W 24.29'
L2 N89°15'16"E 118.46'
L3 S00°18'58"E 25.15'
L4 S89-40-20"W 118.27'
An exhibit of even date and a metes and
bounds description accompanies this line p t=
table. t,� ••...•.F�. 0.2274 ACRE TRACT
�G� qF'•.-q BEING PART OF LOT BR2R2,BLOCK 1
YAZEL PEEBLES & �; Q °..N SYCAMORE POINT ADDITION
•••--•••••••••••••••••••• ••• SITUATED IN THE JOHN JENNINGS SURVEY,
ASSOCIATES LLC " KENNETH H. YAZEL JR. ABSTRACT No.873
TBPLs 101940u <• q9 6182 P �P CITY OF FORT WORTH
P.O.Box 210097 817.268.3316 9i`' SS`�? O• TARRANT COUNTY,TEXAS
Bedford,TX 76095 Ypassociates.com
2018-101-001 PAGE 2 OF 31 Se tember 7 2018
D(HIBIT 'A'
PROPERTY DESCRIPTION
BEING a 0.2274 acre tract of land situated in the John Jennings Survey, Abstract Number 873, located in
the City of Fort Worth, Tarrant County, Texas, being part of Lot BR2R2, Block 1, Sycamore Pointe Addition,
on addition to the City of Fort Worth recorded in Instrument Number D213105858, of the Official Public
Records, Tarrant County, Texas, (OPRTCT), said 0.2274 acre tract being more particularly described as
follows:
COMMENCING at a found "X" cut in concrete at the northwest corner of said Lot BR2R2 and on the South
right—of—way line of Sycamore School Road (variable width), from which a found mog nail with washer
stamped "YPASSOCIATES.COM" at the northeast corner of said Lot BR2R2 bears
North 89 degrees 16 minutes 03 seconds East, a distance of 263.56 feet;
THENCE South 00 degrees 44 minutes 50 seconds East, with the west line of said Lot BR2R2, a distance
of 285.18 feet to a point for corner from which a 5/8" iron rod with cap stamped `RPLS 1820" and a
found 1/2" iron rod at the southwest corner of said Lot BR2R2 bears South 00 degrees 44 minutes 50
seconds East, a distance of 39.73 feet;
THENCE North 89 degrees 15 minutes 10 seconds East, across said Lot BR2R2, a distance of 20.00 feet to
the POINT OF BEGINNING of the herein described tract;
THENCE North 00 degrees 44 minutes 46 seconds West, continuing across said Lot BR2R2, a distance of
24.29 feet to a point for corner at the beginning of a curve to the right having a radius of 20.00 feet and
whose chord bears North 44 degrees 15 minutes 15 seconds East, a distance of 28.28 feet;
THENCE Northeasterly, continuing across said Lot BR2R2 along said curve to the right through a central
angle of 90 degrees 00 minutes 01 seconds and on arc length of 31.42 feet to a point for corner at the
end of said curve to the right;
THENCE North 89 degrees 15 minutes 16 seconds East, continuing across said Lot BR2R2, a distance of
118.46 feet to a point for corner at the beginning of a curve to the right having a radius of 20.00 feet
and whose chord bears South 45 degrees 31 minutes 51 seconds East, a distance of 28.39 feet;
THENCE Southeasterly, continuing across said Lot BR2R2 along said curve to the right through a central
angle of 90 degrees 25 minutes 46 seconds and an arc length of 31.57 feet to a point for corner at the
end of said curve to the right;
THENCE South 00 degrees 18 minutes 58 seconds East, continuing across said Lot BR2R2, a distance of
25.15 feet to a point for corner at the beginning of a curve to the right having a radius of 20.00 feet and
whose chord bears South 44 degrees 40 minutes 41 seconds West, a distance of 28.28 feet;
THENCE Southeasterly, continuing across said Lot BR2R2 along said curve to the right through a central
angle of 89 degrees 59 minutes 18 seconds and an arc length of 31.41 feet to a point for corner at the
end of said curve to the right;
THENCE South 89 degrees 40 minutes 20 seconds West, continuing across said Lot BR2R2, a distance of
118.27 feet to a point for corner at the beginning of a curve to the right having a radius of 20.00 feet
and whose chord bears North 45 degrees 32 minutes 13 seconds West, a distance of 28.18 feet;
THENCE Northwesterly, continuing across said Lot BR2R2 along said curve to the right through a central
angle of 89 degrees 34 minutes 54 seconds and an arc length of 31.27 feet to end of said curve to the
right, at the POINT OF BEGINNING and containing 0.2274 acres, or 9,906 square feet of land, more or less.
An exhibit of even date and a line table
accompanies this metes and bounds - .0 F 0.2274 ACRE TRACT
description. Fes► q �.9� BEING PART OF LOT BR2R2,BLOCK 1
YAZEL PEEBLES & SYCAMORE POINT ADDITION
"'•"""""" """"'•• SITUATED IN THE JOHN JENNINGS SURVEY,
_KENNETH H. YAZEL JR. ABSTRACT No 873
ASSOCIATES LLC .........................1.0 6182 v j
TBPLS 10194022 `'9�•9pRESs�O�*QQ CITY OF FORT WORTH
P,O.Box 210097 817.268.3316 tiQ'•• .•• TARRANT COUNTY,TEXAS
Bedford,TX 76095 Ypassociates.com
2018-101-001 PAGE 3 OF 3 September 7 2018
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RETENTION AREA
1Y'S STORE U201867
WORTH,2101 SYCAMORE SCHOOL ROAD
. 76134
za•
T STEEL GRATE
21
• t�,+'1"� RIP RAP 1e N-20 LOADING
A ALTERNATE
CAST IRON GRATE
H-20 LOADING
17 S
OUTFACE PIPE _
24•M•OE IE•755.00 6 4 i' - T-3 5/S'
24'CONCRETE PAD
PLAN GRATE
TOP OF STRUCTURE EL•755.20
EL•767.70 -_T-------
.
_-.._.�. � 1 t In
EL 7BB.B5 3.3'..
EL.7BB.BD
BOTTOM OF SWM►fER EL-7M.30 .1 If•"��/I
24.OUTFALL IE-755.00 _ __ OmACEA rr OF POND EL•755.00 �`� /
BOTTOM OF SUMP EL•753.30 /
RIP RAP
4•X W X 24•CONCRETE PAD
BOTTOM OF STRUCTURE=7S2.00 ... „
SECTION A-A WEIR(SIDE WALL)
OUTFALL CONTROL •
STORE
SYCAMORE2101 OO ROAD
WORTH,
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
Rev.11/17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowingi
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
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 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