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HomeMy WebLinkAboutContract 52767 CITY SECRETARY CONTRACT NO. DOE # STORMWATER FACILITY 00- !2?��� MAINTENANCE AGREEMENT �sFC9T`y�9!y 'THIS AGREEMENT, made and entered into this day of tfVj7Mk , aolq , by and between FW MASON HEIGHTS, L.P., a Texas limited partnership, 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 4.56 acre tract located in the J. Justice Survey, Abstract 859, Tarrant County, Texas according to the deed recorded in County Clerk's Instrument No. D216184248, 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 Replat, Lots 3R1 and 3R2, Block 1, Mason Heights 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 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately, maintained by the OFFICIAL RECORD CI�TY SECR ETA R STORMWATER FACILITY MAINTENANCE AGREEMENT q �J®RT�F A Rev.11/17/2016 r 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.11/1712016 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 FACILITY 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.11117/2016 Executed this J)kday o�fOLOj6 Landowner City of Fort Worth FW MASON HEIGHTS, L.P. A Texas ite er ip Name: Mark Trieb Jesus J. Chapa Assistant City Manager Title:Manager Approved as to Form and Legality n Assistant City Attorney ATTEST 4�F.O %'" - . City Se r OFFICIAL RECORD CI7Y SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT • WORTH, Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 20 f qby Jesus J. Chapa, Assistant City Manager of the City of Fort Worth on behalf of the City of Fort Worth. MARiAS.SAIlCHEZ �V My Notary ID#22;6490III 1,A Expires December 19,2o2I No ry Public, State of Texas I STATE OF TEXAS § COUNTY OF �Q� § Before me, the undersigned authority on this ZI5;+ day of -AUA LoS 20 16t personally appeared _ nr1aaaan 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 r , and that he executed the same as its Tanaatjr and 4as the act of such 'I S nd for the purposes and considera on expressed in the foregoing instrument. NOR LINDSEY R.SCMIMMER Notary Pu lic, State of Texas • NOTARY ID#12050352 • , • . My Commission Expires August 14,2021 FFTWORTH, TX RECORD ETARY STORMWATER FACILITY MAINTENANCE AGREEMENT 6 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 perform e and reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.1 1/17/2016 LAND DESCRIPTION DETENTION POND EASEMENT BEING a tract of land situated in the J. Justice Survey, Abstract No. 859, City of Fort Worth, Tarrant County, Texas and being a portion of Lot 1 R2, Block 1, of Mason Heights Addition, Lots 1 R1 & 1 R2, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded under Document No. D215133856 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being a portion of that tract of land described in instrument to FW Mason Heights, L.P., as recorded under Document No. D207002963 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows; BEGINNING at a 1/2-inch iron rod with plastic cap stamped "WAI"found at the southwest comer of said Lot 1 R2, said point being on the north right-of-way line of Moresby Street (a 60' right-of-way) as shown on the plat of Mason Heights Addition Lots 1-4, Block 1, and Lots 1-4, Block 2, an addition to the City of Ft. Worth, Tarrant County, Texas, as recorded under Document No. D212201535, P.R.T.C.T.; THENCE, North 00 degrees 37 minutes 27 seconds West, along the westerly line of said Lot 1 R2, a distance of 260.00 feet to a point for comer, from which a 1/2-inch iron rod found at an inner ell corner on said westerly line bears North 00 degrees 37 minutes 27 seconds West, a distance of 150.01 feet; THENCE, over and across said Lot 1 R2 the following courses and distances: North 89 degrees 22 minutes 31 seconds East a distance of 78.84 feet to a point for corner; South 00 degrees 00 minutes 00 seconds East a distance of 182.65 feet to a point for corner; North 90 degrees 00 minutes 00 seconds East a distance of 18.00 feet to a point for corner; South 00 degrees 00 minutes 00 seconds East a distance of 77.88 feet to a point for corner on the north right-of-way line of Moresby Street; THENCE, South 89 degrees 48 minutes 25 seconds West, along the north right-of-way line of Moresby Street, a distance of 94.00 feet to the POINT OF BEGINNING and CONTAINING 21,555 Square Feet or 0.4948 of an Acre of land, more or less. For Huitt-Zollars, Inc. I. .A+TCHELL SAGUN PILAR q 5491 Huitt-Zollars, Inc. Witchef S. Pillar pij; "8sSt0.'y04 Firm Registration No. 10025600 Registered Professional Land Su SURE 1717 McKinney Avenue Texas Registration No. 5491 Suite 1400 Dallas, Texas 75202 Ph. (214) 871-3311 Date: May 16, 2019 1 of 2 JASurvey\30578406-Renaissance Square Ph-3\Wp\Ren Heights 11 Detention Pond Easement Desc.docx I I 1 I I i 10'UTILITY EASEMENT _ _ _; ►= D212201535 lRF I I P.R.T.C.T. i � ► I I ► o► i i SURVEY N I I I J• JvST�CE No• g59 T � I i ► N 89°22'31" E ► 78.84' 3 —�i3i�0 60I i j DETENTION POND EASEMENT GRAPHIC SCALE IN FEET I _ 21,555 Square Feet PLEASE REFER TO BAR SCALE. DRAWNG t or 0.4948 of an Acre MAY HAVE BEEN REDUCED OR ENLARGED. t t C/) FW MASON HEIGHTS,LP ► MASON HEIGHTS j YMCA OF METROPOLITAN FORT F7 ► O D207002963 ADDITION WORTH 1 t 0 O.P,R.T.C.T. ► D216184248 i DOC#D217106858 O ( I P.R.T.C.T. O.P.R.T.C.T. ) O MASON HEIGHTS ADDITION LOT2R1,BLOCK 1 D215133856 G0 ► M P.R.T.C.T MASON HEIGHTS ADDITION LOT 1R2,BLOCK 1 0215133856 t 00 P.R.T.C.T. t ' I LOT 1R1,BLOCK 1 I N 90000'00" E 00 i I 18.00' 10,UTILITY EASEMENT D212201535 O 1 I ( P.R.T.C.T. _ PRIVATE DRAINAGE EASEMENT { I ►D215133856 S OO'OO'OO" E P.R.T.C.T. E I, t 7 ` 7.88' t t t POINT OF BEGINNING J L LEGEND O POINT FOR CORNER S 89048'25" W MORESBY STREET s/e'IRON ROD SET wrti CAP 94 00� (VARIABLE-WIDTH PUBLIC RIGHT-OF-WAY) D212201535,P.R.T.C.T IRS O STAMPED"HUITT-ZOLLAW UNLESS NOTED OTHERWISE 5/8"IRON ROD FOUND WITH CAP — — — T_ HZ • STAMPED'HUTr-ZOLLARS" LOT 4,BLOCK 2 LOT 1,BLOCK 1 UNLESS NOTED OTIIERYASE MASON HEIGHTS I I I MASONIC HOME AND SCHOOL ADDITION IRF • 1/2"IRON ROD FOUND WTH CAP ADDITION I I ( I VOL.338-102,PG.30 STAMPED'WN'UNLESS NOTED OTHERWISE D212201535 I I ( I P.R.T.C.T P.R.T.C.T. HU EXHIBIT MAP BASIS BEARING: DETENTION POND EASEMENT Bearings are based on the Texas State Plane Huitt-Zollars,Inc. Dallas 21,555 SQ.FT.or 0.4948 OF AN ACRE Coordinate System,North Central Zone a202) 1717 McKinney Avenue,Suite 1400 J.JUSTICE SURVEY North American Datum 1983(2011). Dallas,Texas 75202-1236 ABSTRACT NO.859 Phone(214)871-3311 Fax(214)871-0757 TARRANT COUNTY,TEXAS DATE: May 16,2019 Pg.2 of 2 emiissareoa Scrujire _ aiSaance Square b�l EXHIBIT"B" DESIGN SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 1 s SD Z � W I'I{l; j',',✓� — m S S_ r in I. I'f' \dp r x � En Li 10 m a — — —S D— m OUTFALL STRUCTURE a cr 21� FL 652.Q_0 N m r` 0 O In 0 0 a. a. DETENTION POND STORAGE100yr = 0.83 AC—FT Q100yrON� = 21.60 CFS EXHIBIT B Q100 r(OUT) = 10.74 CFS SHEET 1 OF 2 WSrL r = 656.50 0 TOP &` EMBANKMENT ELEV. = 657.50 E(817) TT- 0 H ort Wo t t 7th Street, Suite 300 rth, Texas 76102-4728 MAY 20193000 Fax (817) 335-102 A-A-SECTION VI 10'MIN. ELEV-657.5 4 656.5 1'FREEROARD W.S. -656.5 U , ~ EMERGENCY - --- f7[MIN.SPILLWAY— PILOT C}LINNEL;5-0.35i Ld ELEV-652 _- ._ _ _.. yµ �•. _. �ELEV--653.0 aW W ELEV-652.6 z Z O a / r m_ x w L, LL 3 / m x W J S z V) B-B SECTION 0 vi 0 / N Q ELEV 656.5 11 FREEB31R0 W.S. 656.5 _ 4 Ld Ld Z ELEV-Wil Ul 65J.0 PILOTPILOTELEV CmNNEL Z W d' O m rl M d' 0 O a a 0 N o EXHIBIT B CNI SHEET 2 OF 2 C) O HUrff ZXIARS MAY 2019 ipqti� sexa ry-) _L lq:pom :po_� 0 11 aseLld S-101uaS SI(461@H @:)U2SS12U@b p IMP --------------------- it it Rai Big? —Ilk STM LINE'C' lr BB 1 i• L I T : Eotl j 22 ell j a G38R3 99 9.8 LNE IN op j --------—-- MORESBY STREET 81 (60,R[GHT-OF-WAY) sexa_L lq:poM :poA 0 II aseqd A sJoluas s 4q5l@H @Duessieua, IO r.;j Z R z 0 0 sexa1 '4aao,J1 II aseyd [r sao'u@S s4gb'@H a:)uessieu@, S igg €E = Nmg .�,5c PHP '"�+ liq IRS-; II f ae Eso -; $yWo.y y�pe,4g gph�isisRpk"I 2�k3Cg�$'yE �,Lam�i- YLQ ��uC, u� ... .:.R, R._. _ ...:... — IJ r I , T .. I �I I �L----------.21 - ee La r. -;. —81 r'.■ � �� ,.off� 1 ��� _-. I I t� 0 9 1 dA 1 s: lox- is � .� e —� : 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 uard 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.11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation ■a \§2 \�� 2 ƒ / § § � � Z k k ® 5 Q Fn 0 co (n (n (n (n (n % k _ & 2 £ £ 2 » 2 » 2 ± 2 2 2 2 2 c c p 2 a) a) o = 0 0 0 0 0 o 0 o o = o E E E E E E E E E E E E E E E � Q 2 E E E E E E E E E E E E E E E W m o 0 0 0 0 0 0 0 /0 0 0 0 0 0 0 ui U U U U U U U U U U U U U U k ( ( LU LL ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LU U 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 0 (nwl mi mi mi (n (n (n U) (n col (n (n cn m m o m m m m o o m m o m m o to * * * * * * * * \ * * * * y * < / ƒ .x 0 Cf) 2 LL � 0 k k k k W 6 ® 2 E o 0 2 f % % y / / § -0 ° O n f \/ f f / 70 ± . / ° 70 ° a) % Co 2 k e. _m / E k � 2 E % 0 / C / § k 0 ® k M C E co O a ) D ® .E / & 2 co Z 2 ƒ § k \ / 7 f % o / y E -0 § 0 E ° t 2 @ § -0 / 2 kE E - E E ± f m \ 5 % 0 ° � � m ° 0 § Co ° 0 @ / k [ 0 0 k 7 E o E % $ J 2 2 / a 0 % / k / / / \ \ @ m k / $ � j j CU / ® \ k § - k E \ § 0 o f / \ 2 § > E / / 0 § (n o 5 5 f _ M o / M g u m � k / k k C \ § a) 7 \ / / / 0 § § \ 0 o o § % o £ a b a a & m o £ m 2 6 o o § £ a 0 Q) a a@ @ � £ £ 0 $ 2 2 c c v 2 2 c « « 2 « / « « 2 2 « c \ q ■ LLm w & 6 4 6 6 G a 6 k g w & Cl) 4 6 a