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HomeMy WebLinkAboutContract 53174 CITY SECRETARY CONTRACT NO. 31`7 DOE # OFF, O 6 STORMWATER FACILITY c °s �yTwo�19 MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of by and between C t RO-5 10 h UI V\1 S 1-(,G, acting by and through 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 Vis-ta GY055Yoms approximately acre tract located in the Ad d i+i U V) Survey, -A4ntmCt Lot ,Z 3ToC.K- I Tarrant County, Texas according to the deed recorded in Ve , Pie I2 2 (q,b-t (o3o 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 _I C 15 _ Q L y 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 9 OFFICIAL RER-11-4111E R STORMWATER FACILITY MAINTENANCE AGREEMENT C I �`� F44 Rev. 11/17/2016 FT. WORTH, YX 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.11/17/2016 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 .24" day of OCT' 2019. Landowner City of Fort Worth Nam 3urlo�-F Assistant ity Manager Title: ��N►Ot�I� Approved as to Form and Legality Assistant C 3 ATTEST w s, ity Sec e OFFMAL �L I. FT WOR ", ter— h STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § 'D"4 7' �s instrument was acknowledged before me on CJ by Assistant City Manager of the City of Fort Worth, on behalf oft e City of Fort Worth. ;��`�AYpGB`ti MARIAS.SANCHEZ o ry Public, State of Texas My Notary ID#2266490 Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of QVeirr\ , 20_ personally appeared 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 C'E V�a.s1 e--- - A40W ryys I LAC and that he executed the same as its MP�AC0,)0e,y— and as the act of Mch t,A- and for the purposes and consideration expressed in the foregoing instrument. old i r4e ,LL c. KIM QUILLEN , Notary ID#130202341 Otary Ub Oa, Of Texas My Commission Expires - April 25, 2023 it =- 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 performance and reporting requirements. E Sanchez Planning Manager OFFICIAL REC-ORDI CITY SECRETARY F11. WORTH,"t EXHIBIT"A" PRIVATE VARIABLE WIDTH DETENTION EASEMENT VISTA CROSSROADS ADDITION PAGE I OF 3 BEING A 12998 SQUARE FEET OR 0.30 ACRE TRACT OF LAND LOCATED IN THE M.E.P.&P.R.R.CO.SURVEY, ABSTRACT NO. 1131,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,BEING DESCRIBED AS PART OF 1,01' 12, BLOCK 1, OF VISTA CROSSROADS ADDITION, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT#D216114341,OF THE PLAT RECORDS TARRANT COUNTY,TEXAS(PRTCT).SAID LOT TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 5/8"iron rod found in the northeast line o£N.W.Highway 287(350'right-of-way),the south corner of Lot 11,Block 1 of Vista Crossroads Addition,as shown in plat recorded in Instrument#D216114341 of the Plat records Tarrant County,Texas,the west corner of said Lot 12 of Vista Crossroads Addition; THENCE,S 62`53'29"E,238.08 feet through said Lot 12 of Vista Crossroads Addition to the POINT OF BEGINNING at the%vest corner of this easement; BEGINNING,through Lot 12 of Vista Crossroads Addition as follows; N 36`55' 11"E,56.00 feet to the beginning or a curve to the right,having a radius of 19.00 feet an are distance of 29.85 feet and a chord that hears S 81'55'11"W,26.87 feet;S 53'04'49"E,45.47 feet;N 36°55' 11"E,5.00 feet;S 53°04'49"E,12.00;S 36'55'1 I"W,5.00 feet;S 53"04'49" E,45.47 feel to the beginning of a curve to the right,having a radius of 19.00 feet an are distance of 29.85 feet a chord that hears S 08'04'49"W,26.87 feet;S 36' 55' 11"W,56.00 feet to the beginning a£a curve to the right,having a radius of 19.00 feet an are distance of 29.85 feet and u chord[flat hears S 81"55'11"E,26.87 feet;N 53'04'49"W,102.94 feet to a Ih"iron rod set pith a plastic cap stamped#4207,at the beginning of a curve to the right,having a radius of 19.00 feet,:rill) a chord that hears N 08'04'49"W,26.87 feel;With said curve to the right,an tire distance of 29.85 feet to the POINT OF BEGINNING and CONTAINING 0.30 ACRES(12998 SQ.FT.)OF LAND MORE OR LESS. BASIS OF BEARINGS:STATE PLANE COORDINATE SYSTEM,TEXAS NORTH CENTRAL ZONE 4202,NORTH AMERICAN DATUM OF 1983.ADJUSTMENT REALIZATION 2011.GEODETIC BEARING ESTABLISHED BY G.P.S MEASUREMENTS TAKEN ON MARCH 5,2019. CONTROL LINE:N 53'04'49"W(SOUTHEAST LINE OF LOT 12) 0 GARY L.HARDIN,RPLS NO.4207 FIRM REGISTRATION NO.10114700 �- � .�o9N, ..s .... .. SHEET 1 OF 3 .. . .... GARY.I., HARDIN C ....................PaQ`, s�Av EXHIBIT "A If PRIVATE VARIABLE WIDTH DETENTION EASEMENT VISTA CROSSROADS ADDITION PAGE 2 OF 3 ♦` ♦`�( INCONC WA7ERd Saw,?hSMy� `♦ INsr 00?1"7120 ♦ LOT/f,BLK.f ``♦♦ Y�\\ `. WSTA CROSSROADSADD/7ION � \ j N ►00rE 210sv7. ♦ . /NST.fO7lSl71R11 /NST.O'DMW34f 6 �`�, �4 ♦ PR.T.CT, P.R.rc.T. 2`! \a ` `♦, ��♦ `\ PUBLICACCESSEStl7. VISTA r fZ EL Gf `\ `� /NST.eafsni710" HUNTER CROSSROADS,LP *� CROS R ,t� y ` \ P.R.T.F r. /NST.#02072SOX yh INSTPR.re.r 1 fs•WA>FREst17-1 `�� \`\, , %GONC. /RAFMA/NDEROFTR4CT/% INSr.e021S17/R1f /NCONC. P.R.T.CT. ��♦ \`\ POC DRAINAGE ESMT CH:S23 ai•�ro•E 32•IRF 0.30 ACRES 4 `' 11e•ee s MPFDD 12998 SQ FT "TNP" "'- -�X'FND./N CM Cp f f CONa POB Pu@ucAccEssfsArr, INS7."ISiMO •� - ar f j *I'Np �.�..,':•.•�.'.::�':':.'.''�::'i',.�::-?``. i cp' .`` ` , INCONQ ♦` \ LEGEND OPASEREWA77ONS s�e•asR1•►ti*, DRDCr DEED RECORDS OF bd'/RF � TARRANT COUNTY WITNC4 TEXAS STAMPED OPRDCT OFFICfAL PUBLIC RECORDS OF TARRANT CM COUNTY TEXAS IRF /RONROD FOUND �(F.O.F. s`ERF POC POINT OF COMMENCEMENT �P�,Gti oq� POB POINT OFBEG/NN/NG y'.� .. ,{.....................r.... GRAPHIC SCALE INS NO. /NSTRUMENTNUMBER �� GARY L.MARDIN t.a fDa HARD/N SURVEY/NG "' 4207" 1 _ (903)887-5674 WORKORDER+rf9ff025 SSA,.• PO 80X 587 D SURv� ���' EXHIBIT SHOWING MABANK, TEXAS 75147 12988 SQUARE FEET SITUATED/N THE M.E.P. & P.R.R. CO. SURVEY ,, ARYL. HARD/NR.P.LS. #4207 ABSTRACT NO. 1131 SIGNATUREEGISTP CTION TSXTNED/N@LUE/HK C/TYOFFORT WORTH TARRANT COUNTY, TEXAS FJRAIREG/STRACTK7NNQ10lf4TA1 ©IDIYALLR/GNTSRESERVED , FF EXHIBIT "A" PRIVATE VARIABLE WIDTH DETENTION EASEMENT VISTA CROSSROADS ADDITION PAGE 3 OF 3 LINE DATA TABLE LINE BEARING DISTANCE L 1 N 36 055'11" E 56.00' L2 S 53004'49"E 45.47' L3 N 36055'11"E 5.00' L4 S 53004'49"E 12.00' L5 S 36055'11" W 5.00, L6 S 53004'49"E 45.47' L7 S 36055'11" W 56,00' LS IN 53°04'49" W 102.94' CURVE DATA TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING Cl 19.00' 29.85' 26.87' N 06004'49" W C2 19.00' 29.85' 26.87' N 81 055'11" E C3 19.00' 29.85' 26.87' S 08004'49" E C4 19.00' 29.85' 26.87' S 81055,111, W SURVYOR'S NOTES 1. BASIS OF BEARINGS:STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202,NORTH AMERICAN DATUM OF 1883.ADJUSTMENT REALIZATION 2011.GEODETIC BEARING ESTABLISHED BYG.RS.MEASURMENTS TAKEN ON MARCH 5,2018 2. FIELD WORK WAS COMPLETED NOVEMBER 14,2018. EXHIBIT SHOWING HARD/N SURVEY/NG 12988 SQUARE FEET' (903) 887--5674 WORK ORDER S 1911028 DRAWN BY.,JH S1 WAQ N H TED/ PO B0X 587 FIELDED B Y.-GF CHECKED BY.TP M.E.P. & P.!T.R. CO.0 V SURVEY MABANK, TEXAS 75947 ABSTRACT NO. 113� ©20 PALLRIGHTSRESERVED THIS SURVEY APOTTSSTRUCTURAR: CITY OF FORT WORTH, TARRANT COUNTY TEXAS LOBS/NGER d POTTS S714UCTURAL ENGINEER/NG,/NC. boa o �9 s � O S 2 o Iahl R+R{ j I � mL FF B goM -------------- ; �e I I k Y •� mv=o s<�a . IIIII IIIII � N I� no � ✓<' �i �� �. MA PUS ggg � �4 Ill '���k lecip I i % s_ �" �� e — � /'�� �'� 000000000000 -40 0 10A gill -M ZE 3� v I P co g � Ia . mm 3 �� O I� 0 ?3RcnM, gap $E FG 8$ gig �'$ �F X +'� v LSOL95i.5SdfSLUl _ & LEASE SPACE JAMES W.P. HOWARD a, z z s a 4 rviT r+�osn+,ro�'usia as m 13000 NORTHWEST HWY 287 D y HASLET,TX 76052 t�e ,I - 9 , - I 1; 1 r Y I fir: gig ki S R ; 9P LID C--j —21 I I liar �i 141 Hill � f 1 e x z z z q G 4 m li I�III IIIIII � 4Y � s 9 g U) A m ,N r rmn m f Y c, R A N y Y y Y •� g a = g a r $ v -1 s a � a a §I a , � . -°i as , t L nn q� p p 9 � � U3 Q • g m g s m Q4c e z 0 l Fcp (13 v Flip! _ , I-,-,Y yrDy y a _ & LEASE SPACE DAMES W.P. HOWARD ,I m r� nz A ARCHITECT AB A.I.A. n +T ">sluQ 13000 NORTHWEST HWY 287 817 3� HASLET,TX 76052 3417 CIo� _ - [ 6 } Fy L i� yy f .. ;Ff ciX $m C & LEASE SPACE JAMES W.P. HOWARD fT1 S y y e - N m r o s ARCHITECT N A.R.B. A.I.A. p� yir� roar w�aaTi+ -nm i 13000 NORTHWEST HWY 287 (en)sn-Hn N �,'o HASLET,TX 76052 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 DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE 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 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