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HomeMy WebLinkAboutContract 52413 1 ��IySF�9�0�19 CITY SECRETARY �Frg9y rH CONTRACT NO. 5 a y 13 City Project# N/A STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT,made and entered into this day of 2019, by and between MRC Senior Living Fort Worth , acting by and through Ron Jennette , 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 1.319 acre tract located in the _John F. Heath_ Survey, Abstract 641 , Tarrant County, Texas according to the deed recorded in County Clerk Document Number D215248527 , 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 _Lot 9, Block 3 - Tavolo Park (Stevenson Oaks) (Final Plat #FP-18-137) 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 0FRUAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECT ETARY Rev.11/17/2016 rye^ g I"1. WORTH, A 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11117/2016 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 4t� day of 20 �. Landowner City rt Worth MRC Senior Living Fort Worth Jesus J. Chapa By: Assistant City Manager N : Ronald E Jennette ide: President and CEO App ved as to "onn and Legality Assistant City Attorn AT MT City Sckr OFFICIAL RECORD CITY SECRETARY©� OIO STORMWATER FACILITY MAINTENANCE AGREEMENT FT, TH,TX Rev. 11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 3 by Jesus J. Chapa, Assistant City Manager of the City of Fort Wort iv, on behalf of the City of Fort Worth. MARIA S.SA:N ]] ' My Notary ID Expires Decemb Not Public, State of Texas OF STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this .2CQ day of I , 20 I personally appeared Ron Jennette , 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 MRC Senior Living Fort Worth , and that he executed the same as its President and CEO and for the purposes and consideration expressed in the foregoing instrument. Nuu1bHJ Notar ublic Otate of Texas `. •� V PUecgo ��c• • • s 0-1 ATE DF 5 I �g111111111N� Contract Compliance Manager OFFICIAL RECORD CITY �SECRETARY TH F . STORMWATER FACILITY MAINTENANCE AGREEMENT 'a Y�W� A "rX Rev.11/1712016 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform a ce and reporting requirements. Ashraf Ibrahim Management Analyst 11 N ICIAL RECORDY SECRETARY WORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 EXHIBIT "A " S TORM WA TER FAC1L/TY PROPER TY PROPERTY DESCRIPTION BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, being a portion of that certain tract of land described by deed to Ron Jennette, Trustee of the Aldersgate Trust, recorded in County Clerk's Document Number 0218064716, Deed Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found P.K. Nail with shiner stamped 'Dunaway Assoc. LP" set in concrete by metal fence post in the southerly right—of—way line of Altomeso Boulevard (a variable width right—of—way), the northwest corner of that certain tract of land described as Tract B-1, by deed to Pate Ranch Commercial, LP, recorded In County Clerks Document Number D215248527, Deed Records, Tarrant County, Texas and in the easterly line of the tract of land described as Tract 1 in the deed to S.W. Richardson, recorded in Volume 1846, Page 459, Deed Records, Tarrant County, Texas and from which the northeast corer of said Tract 1, S.W. Richardson tract bears North 20'33'54" West, a distance of 47.28 feet to a wooden cross tie fence post; South 20'33'54" East, with westerly line of said Tract B-1, Pate Ranch Commercial LP, tract and with the easterly line of said Tract 1 S.W. Richardson tract, generally along wire fence line, a distance of 1,691.73 to a point for the southwest comer of said Tract B-1, Pate Ranch Commercial L.P., tract and the northwest comer of that certain tract of land described as Tract C by deed to Pate Ranch Single Family LP, tract recorded in County Clerk's Document Number D215248528, Deed Records, Tarrant County, Texas; South 88' 10' 20" East, with the south line of said Tract B-1, Pate Ranch Commercial LP, tract and with the north line of said Tract C, Pate Ranch Single Family LP, tract, a distance of 56.36 feet to a point for the southwest corner of said Aldersgate Trust tract, the POINT OF BEGINNING of herein described tract and the beginning of a non—tangent curve to the right having a central angle of 00'19'46", a radius of 1,445.00 feet and a chord bearing and distance of North 14'50'07" East — 8.31 feet; THENCE departing the southerly line of said Tract B-1, Pate Ranch Commercial LP, tract and the northerly line of said Tract C. Pate Ranch Single Family LP, tract, with the west line of said Aldersgate Trust tract, and said non—tangent curve to the right in a northeasterly direction, an arc length of 8.31 feet to a point; THENCE North 15'00'00" East, continuing with the west line of said Aldersgate Trust tract, a distance of 220.70 feet to a point; THENCE South 72'56'14" East, departing the west line of said Aldersgate Trust tract, crossing into said Aldersgate Trust tract, a distance of 201.08 feet to a paint; THENCE South 28'36'38" East, a distance of 85.88 feet to a point; THENCE South 50'46'02' East, a distance of 23.67 feet to a point; THENCE South 64'27'46' East, a distance of 23.57 feet to a point; THENCE South 87'51'09' East, a distance of 60.96 feet to a point; THENCE South 1'49'41' West, a distance of 71.91 feet to a point in the south line of said Aldersgate Trust tract; THENCE North 88'10'20" West, with the south line of said Aldersgate Trust tract, a distance of 391.02 to the POINT of BEGINNING and containing a calculated area of 57,472 or 1.319 acres of land. DUNAWAY JOB NO. 8001951.012 PAGE 1 OF 2 Stepheff R.Glosup OF Registered Professional Land Su r ��.•••••.rf' EXHIBIT"A" Texas Registration No. 5570 A, G 1 �J9 srg@dunawayassociates.com `'': o� STORM WATER FACILITY PROPERTY January 29,2019 STEPHEN R. GLOSUP APART OF THE J. HEATH SURVEY °•;•p 5S70 P;a ABSTRACT NUMBER 641 DUNAWAY0 06*0 SURv 550 Bailey Avenue • Suite 400 • Fort Worth,Texas 76107 Tel:817.335.1121 FIRM REGISTRATION 10098100 City of Fort Worth, Torront County, Texas. EXHIBIT "A " STORM WA TER FACILI TY PROPERTY POINT OF COMMENCING WOODEN FOUND P.K. NAIL 1MTH SHINER STAMPED CROSS FENCE POOSTST AWAY ASSOC. LP" 0 206 — Al.TAMESA BOULEVARD S20'33'54"E (VARIABLE WIDTH RIGHT-OF-WAY) SCALE FEET 47.28' t'� 200' s TRACT t eQ TRACT B—t S,W, RICHARDSON trp PATE RANCH VOLUME 1848, COMMERCIAL, LP PAGE 459 tr:pe C.C.D. NO. D.R.T.C.T. f^ 0215248527 D.R.T.C.T. RON JENNETTE TRUSTEE OF THE ALDERSGATE TRUST C.C.D. No. 021 806 471 6 D.R.T.C.T. S28'36'38"E S72-56-14"E 85.88' S20'33'54"E 20108' S50'46'02"E 16kS 1691.73' , 236 . 7' ^o 23.57 c 23.57' �. 2 S87'51'09"E 60.96' C1 St'49'41"W 71.91' N88'1 Q'20"W 391.02' FUTURE BRYANT POINT OF 57,472 SCUARE FEET / 1.319 ACRES IRVIN ROAD I r BEGINNING STOW WATER FACILITY PROPERTY (PROPOSED 110' r '6.36 WIDTH PUBLIC ROW) 5 `20"E TRACT C I � 6.36 PATE RANCH I SINGLE FAMILY, LP I D215248528 I D.R.T.C.T. I Curve Table Curve Central Radius Arc Chord Bearing Number Angle Length and Distance C1 0`19'46" 1445.00' 8.31' N14'50'07"E 8.31' A.fL OF jF eeese° C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS STEPHEN R. GLOSUP P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS y 0 5570 y°ee CSS1oe°�O Q °°eeees° S U RI A metes and bounds description of DUNAWAY even date Bailey 550 accompanies this drawing. Avenue "Suite 400 "Fort Worth,Texas 76107 !/ p g Y Tel:817.335.1121 V-21 PAGE 2 OF 2 DATE: JANUARY 29, 2019 [TXREG.F-1114) DUNAWAY JOB NO. 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OG a a w 110P01�gy a It 02, $ r g g a 4a ^ All s,8 n CG c a a e lgl z� rd 1 �4ez a�IP 1 x O as e a dq E 1 �� a11-11. 1"!1 r*el � W Gti <<t i o a a � 1;10 3A a8 kS 11 �4w o 3 U213'J_OR!lIVf10 y J x f m� Doti 7 !�!!a:ie 1 P - cRRCRccc-R d� 1 •a;:o•30 / � a o Mll 0 <e mX ti% I to to n� a$ - i as N�� ^•• lath 1Rip X ""O sa Ng ;; o 0 Ev cc § . . AleAli $�� p y =g8 y II }= O a go aa ��w>r aYaG oa9d s'�a� gI w 9 � � ay �ppq d 1 - I h_`nN NU3tif:2W � ♦mom„ pp U n ♦s / 1 '? tV b NY1 2 t b_ as I as N c�itiCzW ;� 8 1 ng���g m � o<�NN 8 m1AbN ____ _ _ N xoa�m . Nm � a as MU3�C'2W I 1 j� ��7 i <N"bN <� I NN�fi�2W 32 O WO btlRg �2 j� I NU WIIb$ n�� mg ------ ON. - 1�42W ♦�WryiYi yygy� O KnA���O �O I X,maN <mxx lbN �� N��f:2W NcmiW2W I 1 �10N ' A ojNa?��ly�jmry �� I NU IE @fitW I I I 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 9 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- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev. 11/1712016 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 11 Rev.11/17/2016