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HomeMy WebLinkAboutContract 54742 10/28/2020 CSC No.54742 2:23 pm DOE# STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of Oct.23 2020 by and between TRAWICK GROUP LLC acting by and through CHRIS TRAWICK_. hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as"City W ITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately ',4.1769 acre tract described as LOT 2R, BLOCK 2, VALLEY VISTA ADDITION being an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in CABINET A. SLIDE 2444, Plat 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 TRAWICK LUXURY COACHES 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 STORMWATER FACILITY MAINTENANCE AGREEMENT -� Rev 11/17/2016 OFFICIAL RECORD CITY SECRETARY 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 ofwhich 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 teens 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 Rev.I V1712016 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 shalt impress a lien far 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 LAN DOWNER AGREES TO HOLD THE CITY HARMLESS FROM STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.1 111 712 01 6 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. STORMNATER FACILITY MAINTENANCE AGREEMENT Rev./1/1712016 4 [SIGNATURE PAGE FOLLOWS] Executed this 23 day of October -)p 20 Landowner City of Fort Worth oa-e,rghd°rr'o�f23,2—i Name_ CHRIS TRAWICK Wniq&AmooFF rssistant City Manager Title: President!Member Approved as to Form and Legality 11 IT) Assistant City Attorney pay10 FceTn�ua pp, ATTEST Pv9 o=o CIl n�a54p City Secretary STORMWATER FACiLITV MAINTENANCE AGREEMENT 5 Rev.11/17/2016 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STATE OF TEXAS § COtsNTY OF TARRANT § This instrument was acknowledged before me on October 25,2020 1, : _Wft&&74ftigAssistant City Manager of the City of Port Worth,on behalf of the City of Fort Worth. LAURIE Digitally signed by LAURIE PEQUENO LEWIS oParaUa LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.10.2518:06:58 2 Notary Public -05'00' + + STATE OF TEXAS Notary I.D.132278952 Notary Public State of Texas °�oF My Comm.Exp.Dec.10,2023 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this sm. day of October 20 20, personally appeared Chris T Trawick 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 Chris T Trawick at Trawick Group,LLC and that he executed the same as its President and as the act of such and for the purposes and consideration expressed in the foregoing instrument. l Notary Public, State of Texas ROBERT BOMAR ,;.Notary Public,State of Texas Comm.Expires 03-27-2022 Notary ID 1 31 5064 77 STCRMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.1 111 712 01 6 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Con tract Compliance Mana,er By signing I acknowledge that I aiu the person responsible fbi•the molutOdng and administration of this contract,hicluding enSul-Ing all perFu7nancc and.rcprntingrequirements, ,A�lf r r�� Janie S, i!dorales Dcvelopmeat Services idanagei- OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EXHIBITA j, POINT OF COMMENCING �f 1/2'"MILLER 5665' v A�woy) capped steel rod found r� 13 O1jy lic r1Bny o1" r PaT�i �' URsi t60.Pub >�, Qy 10 o rj0 / 1 (gate I LOT ZA S/8'SRF e` North n q *t h c• '� `f cc n ' �3 iv v LOT 2R E ao I B L O C K 2 V A L L E Y V 1� S T A A D D i T 1 0 N I oz I C A B I N E T A S L I D E 2 4 14 4 P R T C T I \i•SRF S 86-42'38"E LOT 1R2B,BLOCK 2-VALLEY VISTA ADDITION Ls 36.13' CABINET A,SLIDE E65 .P.R.I.C.I. POINT OF 0.4122 ACRE ��/r — BEGINNING STORMWATER FACILITY Ib i MAINTENANCE EASEMENT N 09*44'10"W N 1 1 7� 19.21'� T I _N 09°44'10 W 120.4g ` 36.76' S f AiuminumTESCO ! S 8 4 37 W 210.69' monument found RTGL Aluminum TESCO RIC TRANSMISSION LINE monument found 50'TESC0 ELER O.R.T.C.T, 100'Ele Bement 60�64 0.•• i 1 RIGHT-OF`WAY VOL0L 3805 p�6' ILOT IR.BLOCK 4,BELL INDUS CRIAL DISTRICT LOT 2A VOL 388-190,PAGE 74. = a_RX.C.T. LOT 4112 I 1 � MILLER S U R V E Y I N G, 1 N C (E OF TF Professional Precision. ;;......... JASON B.R..... S EXHIBIT A SHEET 1 OF 2 430 Mid Cities Blvd•Hurst,Texas 760S4 A 5665 817-S77-1052•TASF No,10100400 ��FesS1o`P�Q� millersurvey.net �tiD SUR�� Job No. 15001 ° Plot File 15001 Drng Esmt EXHIBIT A FIELD NOTE DESCRIPTION OF A 0,4122 ACRE STORMWATER FACILITY MAINTENANCE EASEMENT Being an easement out of the W.W.Anderson Survey,Abstract No.22 and situated in the City of Fort Worth, Tarrant County,Texas,being surveyed by Miller Surveying in August of 2020,said tract being a portion of Lot 2R, Block 2,Valley Vista Addition,an addition to the City of Fort Worth,Texas according to the plat thereof recorded in Cabinet A,Slide 2444 of the Plat Records of Tarrant County,Texas,and being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch"MILLER 5665"capped steel rod found for the northeast corner of said Lot 2R,said rod being in the southerly right-of-way line of Hurst Boulevard(State Hwy.10);Thence South 03 degrees 17 minutes 22 seconds West with the easterly boundary line of said Lot 211 a distance of 498.62 feet to the point of beginning of the tract described herein,- Thence South 03 degrees 17 minutes 22 seconds Continuing with said easterly boundary line a distance of 165.48 feet to an aluminum monument found for the southeast corner of said Lot 2R; Thence South 81 degrees 452 minutes 37 seconds West with the southerly boundary line of said Lot 211 a distance of 210.69 feet to an aluminum monument found for the southwest corner thereof, Thence North 09 degrees 44 minutes 10 seconds West with the westerly boundary line of said Lot 2R a distance of 36.76 feet; Thence North 80 degrees 15 minutes 50 seconds East a distance of 120.49 feet; Thence North 09 degrees 44 minutes 10 seconds West a distance of 19.21 feet; Thence North 30 degrees 44 minutes 24 seconds East a distance of 142.08 feet; Thence South 86 degrees 42 minutes 38 seconds East a distance of 36.13 feet to the point of beginning and containing 0,4122 acre of land,more or less. I,Jason B.Rawlings,Registered Professional Land Surveyor No.5665 of the State of Texas,by placing my seal hereon,cenify that: a. This document serves as my graphic representation of a land survey of �\ the easement shown and described MILLER hereonon(the"Surveyed Tract"); b. Said survey being performed on the ground,under t my supervision,on August 24,2020; S U R V E Y 'I N G, I N C c. The boundary lines and dimensions indicated :Blvd sstonol vreclslon.hereon are based on said survey and are true and i correct; Hurst,Texas 76054 d. The Field Note Description hereon is based on said 817-577-1052•TxLSF No.10100400 survey; millersurveynet e. As of the Date of Certification,the corner monuments shown hereon were in place as indicated. EXHIBIT A SHEET 2 OF 2 Date of Certification:August 28,2020 Jab No. 15001 - Plot File 15001 Drng Esmt TP 562.50 DTP 562.45 q TP 561.88 . TP 561.45 TP 561.95 1 � iP 562.00 .' TP 561.25 TP 561.45 TP 561.95 PRIVATE TP 560.90 rrDRAINAGE ..t ` EASEMENT TV 559.25 1 t 1 '1 ! GT 558.65 , t 557.15 TP 559.90 1` " � Ssf 1f t Z.1, FL 557.33 � O' rs lAi.00 ' J Nil O; 7i57,70 5 1t rL i �c 5fA•4'a jf FL 557.00 i TP 558.90 rc yp,so ° ' TP 557.65col I TT 559 50 u s p6 GT 5 T,7 TV 55 .25 t PRIVATE C 558.50 FL 557.05 57.5 [ DRAINAGE GT if i 4 rr sw•00 EASEMENT i TC 559. ; TP 557.90 60 ~ If CONSTRUCT 18' T r �• TC 9. ' TC 558.80 FL 556.70 WIDE CONCRETE TP 557.60 GT 559.00 T - .; PILOT CHANNEL TP 557.70 � TC 559.25 t l T 551.T r°Sr �I'� FL 556.33� FL 556.50 Ti= L' -�1 TV 559.25 ' t FL 556.90 FL 556.10 *� ' i1t 559BY 5 .25 10.69 BM 556.2 /+t TP?A 378MW 22 M 559.75 A{umil1!liTt 556.00 1r556.00 L . ' ESC DETENTION POND 'ponument OUTFALL STRUCTURE - found - i EXHIBIT "B" DETENTION POND PLAN �I SCALE 1" 40' 0 20 40 80 1..\999-274 SWFMA EXHIBIT B.dgn 10/5/2020 3:41:56 PM #� �@ . - , #2 � /\ �& . Ar � � \f .. § is (L k nd| a co � R = . �. 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LU n |® _ - - �e ! z �2& � --•-•-.-.-.- m , \k/ »$s92GSGFMAEXHIBIT E+n1o57a901 :20PM of*tar(pH rao ELEVATM V&DISd+AM 100-YR DETENTION POND VOLUME AND OUTFALL &JVAT 10+ WK RELEASE RATE dd tt�J cva 558 0.0 OUTFALL STRUCTLff,3- 8-OIA.ORIFICE p�trE[ r a FO/O 448.5 2.0 EL6YAi��YS rQ.UE 557 +.1 0 +CAJ= (ORIFICE FLOW EOUATIOID ii�gOnt vOLur+E 5y7.5 b s C = 0 80 cu FT A =0.35 SO.FT 788 a 558 04 G = 32.2 bb0.4 7,+ H 2.25'- 0.67•/2 = 1.92' 6>t7 +.7+2 45B 17.105 0 = 2.3 CFS PER 10'ORIFICE 3 x 2.7 CFS = 7.0 CFS 539 3&+s+ 0 : 7.0 CFS < 12.1 CFS OK �• I 1(EA0 IM polo 55820-sm I J w 5-YR DETENTION POND VOLUME AND OUTFALL I OUTFALL STRUCTURE,3- S'OIA.ORIFICE tirillONa N1A0 tl • rS.MLUK 0 =CA42M (ORIFICE FLOW EDUATION) &6vATrpww VOLUME C = 0.$0 U Cu FT A = 0.35 50.F T a 0 = 32.2 N = 1.68'-0.57'/2 - 1.2V x7 +.7+2 440 17.100 0 =3 X 1 9 CFSR=I 5 7OCPI E 559 36.4 0 - 5.7 CFS < 7.5 CFS OK Iry*-7% - 'CIA- r.SST,SA SSfHEAD IN ={,yn• I-YR DETENTION POND VOLUME AND OUTFALL OUTFALL STRL(CTURE=3. 8'01A.ORIFICE FonrHAna odg.lw rL vauE 0 = CAI= (ORIFICE FLOW EOIATION) i rAr1 voLUMQ C =amcu FT A : 9.35S0.FT a C = 32.2 H - 1.22'- 0.67•/2 :0.88' 357 +.742 sbs n.las 0 s3 x IS CFSR 10i.77 CPSE 3s.+8+ 0 = 1.7 CFS < 5.3 CFS OK 4 -- x HEM IN POW 557.18•556•ur EXHIBIT "B" DETENTION POND DETAILS ...1999-274 SWFMA EXHIBIT B.dgn 10/5/2020 3:42:38 PM I MODIFIED RA-110 AL METHOD tv.::rr.u.r.... �i5 i lb r.I4a�,A 'F. .IT -, � •--FCf3S W --_• _ its r&,,.,. .__. ��{FS iifi Yre-A,a-,.•fi .. _._ ,.FS CGS .,- FG':!.Rxr.r:f h•c:d.Y-�A14Y n_ia F+3,d-i __._ Face-i.fi Tacam >.-.__-. _-_.-..=€5 �°a t.II`-Jy Arlu•,R'.n4•r.11]]S'It=.41fl Ni-J-41 Ie n. 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'>r n[u4 Pre�•r yry r{taJ arni,!.�n fma7i very tm t.- 4 KYm:Ti.4,vJt flt j ih• ..Yvm G-- -.>: T .crib ,s•',. :,Irra<.V.]. rle itvvx.•L.r:[<..ai f ara]e.1 icy m frtePa_.eTtA�v rM<fmcar J f4X:c.U[.tr>tm9' tA,f4.xf t IT Maid fa f 3J t4 *.0 A + tly(� ,<q( I;r � - u'lW,o['n irsLtVdi iVJ t'V{�1s•'.n. FUYNC-l. i)a:na,ea 4 .ft,e h•rflr+f Pa1'u., \41Ax1:tt w• d,!s•n;w�:a�b t EXHIBIT F)B" DETENTION POND CALCS 1999-274 SWFMA EXHIBIT B.dgn 10/5/2020 3:43:02 PM 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. STORMw.ATER FACILITY MAINTENANCE AGREEMENT Rev.1'1171201 E 8 a) L L a) C Z (D f I w c w r c c c c c c c c c c c c c c 41 O O O O a) a) O a) Q) O a) a) a) a) a) f� Z rn E E E E E E E E E E E E E E E W Q a) E E E E E E E E E E E E E E E 0 0 0 0 0 0 0 0 0 Q Q Q Q Q ° W +_�+ w UU UUUUUUUU UUUUU W! LL 0 o Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 �1 L Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a. 1 1 , j O U U c LL ! 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