HomeMy WebLinkAboutContract 54306 08/20/2020 CSC No.54306
10:01 AM
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 18 day of.Aug 2020, by and
between TCRG Opportunity XV, LLC, acting by and through Robert L. Patton,
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 2.207 acre tract, and located in the George Hamilton Survey,Abstract No.
751, Texas according to the special warranty deed recorded in Volume 12568. Page
1680,Official Public 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 9X,Risinger South 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
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("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
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more particularly described by metes and bounds in the attached Exhibit "AT' ("Facility
Property"); and
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH TX
Rev.11/1712016 ' j
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NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
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agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and
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maintain the on-site Stormwater Managcnient Facility ("Facility") at no
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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 Stormwatcr 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
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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
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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 E
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
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keep the Facility in good working order as appropriate. In the event the City
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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 tiling in the office of the County
Cleric of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and malting 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
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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.
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[SIGNATURE PAGE FOLLOWS]
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sTORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
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8 Augu st
Executed this 1- day of 7207
Landowner City of Fort Worth
4��hUdH�(Agp]4802i��C11,15 CDTJ
Name: Dana Burghdoff
Amistant City Manager
Title:
Approved as to Form and Legality
CLaNisl�R.CliriLa R.L.p,,Ry,,.Ut�Aug 114114#131
Assistant City Attorney
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City Secretary
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX
Rev.11/1712016
-STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on August 18,2020
by Dana Burghdoff,Assistant City Manager of the City of Fort Worth, on behalf
of the City of Fort Worth.
LAURIE Digitally signed by LAURIE
PEQUENO LEWIS
1�9
LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.08.1817:23:33-05'00'
Notary Public
STATE OF TEXASNotar Public State of Texas
Notary I.D. 132278952 y
My Comm.Exp.Dec. 10,2023
STATE OF TEXAS §
COUNTY OF TARRANT §
Before 1 e, Ie undersigned a 11 r'ry on thisZ-0—day of
2 personal appeared
d
, known
to me to be the person whose name is subscribed to the foregoing instillment and
acknowledged to me that the salve is the act of TCRG 0131)ortunitV XV, LLC
and that he executed the same as its
President and as the act of such TCRG Onnortunitv XV. LLC and for the
purposes and consideration expressed in the ore of t linstrume
;•t�RYpua., CHERYILL COUCH
N07ARY PUBLIC
* IO#125016597
'""'s6'vntiSlate P t Texas otary Public, 't to of Texas
,�• Comm.Ex 04-28-2022
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH TX
Rev.11/17/2010
Con tX jet Co-mpliancC jMan.3pe�
By Signing I acknowledge that I ztnt the person responsible
for the monitoring and administration of this contract,including
ensuring all perfol maacc and.reportinarequirements,
Lai.
WpLV Janie S, blorales
Development&Tviccs LNfaaager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.1 111 7/201 6
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DESCRIPTION, of a 1.709 acre (74,453 square foot) tract of land situated in the George
Hamilton Survey, Abstract No. 751, Tarrant County, Texas; said tract being part of that
tract of land called 56.37 acre described in Special Warranty Deed to TCRG Opportunity
XV, L.L.C. recorded in Instrument No. D217134963 of the Official Public Records of
Tarrant, County, Texas; said 1.709 acre (74,453 square foot)tract being more particularly
described as follows (bearing system for this survey is based on the Texas Coordinate
System of 1983 (2011 adjustment), North Central Zone 4202, based on observations
made on December 16, 2019 with a combined scale factor of 1.00012):
COMMENCING, at a 1/2-inch iron rod found for the east end of a right-of-way corner clip
located at the intersection of the south right-of-way line of Risinger Road and the west
right-of-way line of North Freeway(a 355.00-foot wide right-of-way);
THENCE, North 46 degrees,25 minutes, 28 seconds West, along said corner clip,
a distance of 19.83 feet to a point;
THENCE, South 89 degrees, 30 minutes,49 seconds West, departing said corner
clip, a distance of 503.54 feet to a point;
THENCE, South 00 degrees, 26 minutes, 08 seconds East, a distance of 104.38
feet to a point;
THENCE, South 89 degrees, 33 minutes, 52 seconds West, a distance of 15.50
feet to the POINT OF BEGINNING;
THENCE, South 00 degrees, 26 minutes, 08 seconds East, a distance of 297.49 feet to a
point for corner;
THENCE, South 89 degrees, 24 minutes, 34 seconds West, a distance of 249.58 feet to
a point for corner;
THENCE, North 00 degrees, 35 minutes, 26 seconds West, a distance of 298.17 feet to a
point for corner;
THENCE, North 89 degrees, 33 minutes, 52 seconds East, a distance of 250.39 feet to
the POINT OF BEGINNING;
CONTAINING: 74,453 square feet or 1.709 acres of land, more or less. F
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North: 6909015.4672' East: 2330886.5515'
Segment #1 Line
Course: SOO 26' 08"E Length: 297.49'
North: 6908717.9858' East: 2330888.8130'
Segment #2 Line
Course: S890 24' 34"W Length: 249.58'
North: 6908715.4134' East: 2330639.2462'
Segment #3 Line
Course: N0° 35' 26"W Length: 298.17'
North: 6909013.5676' East: 2330636.1730'
Segment #4 : Line
Course: N890 33' 52"E Length: 250.39'
North: 6909015.4710' East: 2330886.5558'
Perimeter: 1095.63' Area: 74452.99 Sq. Ft.
Error Closure: 0.0057 Course: N480 31' 50"E
Error North: 0.00376 East: 0.00426
Precision 1: 192215.79
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DETEN N OPOSEQ EMERGENCY n
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ET _DETENTT_ NOTE:
WALL PAVED DRIVEWAY IS TO BE UTILIZED AS
MAINTENANCE BERM AROUND THE
0 30 60 120 PROPOSED DETENTION POND
0
GRAPHIC SCALE IN FEET RISINGER SOUTH
STORMWATER FACILITIES MAINTENANCE AGREEMENT
6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch FORT WORTH,I E 76G F 817.412.7155 A 98.E CI ACRE ADDITION
TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS
1 AND BEING OUT OF THE
TX REG. SURVEYING FIRM LS-10008001
GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
D,9AWN BY CHECKED BY SCALE DA7E JOB NUAdBE/2 TARRANT COUNTY, TEXAS
JWS RR 1'=60" 06/15/2020 3949-19,348
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735 SEE DETAILS FOR EMERGENCY OVERFLOW SPILLWAY 735
100 = F �-
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PROFILED NORTH POND CROSS SECTION A =
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7,30 --1-0.0-YR__E-M ERG W - _ . �� - -- 730
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N 725 725
100-YR WSE = 722.5'-
720 --aEv fi6:g L� . 7 6 720
M 715 715
PROP. PILOT H NN - 71 6P- 8�
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710 710
705 0 - - 705
-0+5®+00 1+00 2+00 3+00 4+004+50
PROFILE: NORTH POND CROSS SECTION B t
0 50 100 200
v RISINGER SOUTH
GRAPHIC SCALE IN FEET STORMWATER FACILITIES MAINTENANCE AGREEMENT
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6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch FORT WORTH, TX 76107 817.412,7155 A 98.200 ACRE ADDITION
TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS
- - TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
czi DRAWN BY CHECKED BY SCALE DATE JOB NUTMIBET TARRANT COUNTY, TEXAS
m JWS RR N.T.S. 06/15/2020 3949-19.348
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a EMERGENCY SPILLWAY EMERGENCY SPILLWAY CALCULATIONS: 1. C VALUE WAS OBTAINED FROM TABLE 2.4
NORMAL POND 100 YR WSEL=722.50' 5 IN THE HYDRAULICS iSWM TECHNICAL MANUAL
N EMERGENCY POND 100 YR WSEL=724.55 EQUATION: O=CLH WITH AN ASSUMED b=1.00
M TOP OF POND WALL VARIES WITH ROAD 0=255.70 CFS; C=2.77; H=0 2. H VALUE IS TAKEN AS 2/3 OF THE DEPTH
SLOPE FROM 727.57 TO 723.60 .64 FT OF THE TRIANGULAR AREA OF THE WEIR.
FREEBOARD VARIES WITH WALL SLOPE
ACCORDING TO DETAIL BELOW, L=255.7oA2.77*0.641.5) ASSUMPTION: THE SLOPE OF THE TOP OF WALL
L=180.29 FT
� IS NEGLIGIBLE. THEREFORE, THE USE OF THE
3 BROAD—CRESTED WEIR IS APPROPRIATE TO s
m APPROXIMATE FLOW/DISCHARGE.
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70' 200 °'72% 35' 40' 25'
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POND EMERGENCY
OVERFLOW SPILLMY ,Y
N 2 --" RISINGER SOUTH
NOT TO SCALE
STORMWATER FACILITIES MAINTENANCE AGREEMENT
o 6100 WESTERN PLACE, SUITE toot LOTS 1-8 & 9X, BLOCK 1
A 98.200 ACRE ADDITION
Pacheco Koch TXRT WORTH TX 76107 REG.. ENGINEERING FIRMtF-469155
LOCATED IN THE CITY OF FORT WORTH, TEXAS
` TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
DRAWN�Y CHECKED flY SCALE DATE J09 NUMBER TARRANT COUNTY, TEXAS
JWS RR N.T.S. 06/15/2020 3949-19.348
Stage-Storge-Discharge Table
Stage(ft) Storage(ac-ft) Discharge (cfs)
715.60 0.00 0.00
(I 715.80 0.12 0.00
716.80 0.71 23.90
717.80 1.93 34.20
718.80 3.44 43.20
719.80 4.96 108.30
720.80 6.49 173.40
1 721.80 8.02 234.20
722.80 9.55 258.60
723.00 11.08 258.60
0
724.00
fn 12.61 601.40
w `discharges for stages above 723.6'utilize emergency spillway,100-yr pond WSEL is 722.5'
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Storm Event WSEL(ft) Storage(ac-ft) Peak Discharge In(cfs) (cfs)
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1-Year 718.30 2.60 123.70 39.00
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5-Year 719.70 4.70 226.80 104.70
100-Year 722.50 9.00 466.90 255.40
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STORMWATER FACILITIES MAINTENANCE AGREEMENT
6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch FORT WORTH, Tx 7s1o7 arT.4i2.71e5 A 98.E CI ACRE ADDITION
TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS
w TX REG. SURVEYING FIRM LS-1000sool AND BEING OUT OF THE
-- GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
ORAVYiv D>' CHECKED BYJ SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
TSR RR N.T.S. 07/10/2020 3949-19.348
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GRAPHIC SCALE IN FEET
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STORMWATER FACILITIES MAINTENANCE AGREEMENT
6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
APacheco Koch FORT WORTH, TX 76107 817,412.7155 A 98.200 ACRE ADDITION
TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS
TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
-'J GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
U ORAWN 8Y CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
JWS RR 11=601, 06/15/2020 3949-19.348
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STORMWATER FACILITIES MAINTENANCE AGREEMENT
0 610D 1YESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch FORT WORTH, TX 76107 817.412.7155 A 98. ACRE ADDITION
TX REG. ENGINEERING FIRM F-469 LOCATED IN THEE C CI TY OF FORT WORTH, TEXAS
TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
DRAWN BY CHECKED BY SCALE DATE JOB NUd4BE'R TARRANT COUNTY, TEXAS
m JWS RR 1 =60" 06/15/2020 3949-19.348
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
I
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
ward
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 CJ
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
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