HomeMy WebLinkAboutContract 57758 Date Received: 07/01/2022 Permit No.: SWFNIA-22-0051
Time Received: 4:00 pm City Secretary No.: 57758
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of June
2022, by and between Eagle View Church, Inc., a Texas non-profit corporation acting by
and through Bart Howell, its duly authorized representative hereinafter referred to as
"Landowner", and the City of Fort Worth, hereinafter referred to as "City".
WITNES SETH
WHEREAS, the Landowner is the owner of certain real property described as a
tract of land situated in the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County,
Texas, being a portion of Lot 1, Block 1, Eagle's View Church Addition, an addition to
the City of Fort Worth, Tarrant County, Texas according to the plat recorded in County
Clerk's Instrument No. D216137985, 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 Eagle's View Church, 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 storm water 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
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.03/01/2022 BN
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.03/01/2022 BN
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
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 owner's association.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.03/01/2022 BN
Executed this 30th day of June 2022.
CITY: LANDOWNER:
Eagle' View Church, Inc.
Dana Burghdoff(Jun 30,20 15:19 CDT
IV
Dana Burghdoff, Bart Howell �
Assistant City Manager Title:4,e / os
City of Fort Worth
Date:
Jun 30, 2022 Date:
Approved as to Form and Legality:
Matthew Murray
Assistant City Attorney II
City Attorney's Office
Date: Jun 29, 2022
a00000 d�
ATTEST: ) a°
v° °_ Contract Compliance Mana er:
Jannette S.Goodall(Jul 1,202211:31 CDT) � p °
P g
Jannette Goodall, ��* °°°°°°°°°° a� By signing I acknowledge that I am the
Secretary ����EXASda� person responsible
City
City Fort Worth for the monitoring and administration of
this contract, including
Date: Jul 1, 2022 ensuring all performance and reporting
requirements.
Janie S. Morales,Planning Manager
Development Services
Date: Jun 29, 2022
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.031OW022 SN FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 30, 2022 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth. Bichson Digitally signed by
Bichson Nguyen
Nguyen Date:2022.07.01
lqi)
BICH SON THI NGUYEN 04:18:20-05'00'
Notary Public
224
STATE OF TEXAS Notary Public, State of Texas
Not My Comam.ry IExp?Oct.93,2025
STATE OF
7A � §
COUNTY OF / r V,-a p-\, Jir- §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�A5 , on this day personally appeared andrl t �-� l(
(name), kze q d (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed ofC�Q� y�P Gc ) �1(��Ci1 �/1 _ (entity), a
1
CA 13Q A- c��/ �CcyIDUfj (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 202�g—
otary Public, State of
Brandt tee Johnson
my �stun E�ires
ID No.12818BU8
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/01/2022 BN FT. WORTH, TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.03/01/2022 BN
EXHIBIT A
VARIABLE WIDTH
PERMANENT DRAINAGE FACILITY EASEMENT
LOCATED IN
LOT 1, BLOCK 1, EAGLE'S VIEW CHURCH ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Being 1,059 square feet of land located in the Benjamin Thomas Survey, Abstract No. 1497, Tarrant
County, Texas, being a portion of Lot 1, Block 1, Eagle's View Church Addition, an addition to the City of
Fort Worth, Tarrant County, Texas according to the plat recorded in County Clerk's Instrument No.
D216137985, Deed Records, Tarrant County, Texas. Said 1,059 square feet of land being more
particularly described as follows:
BEGINNING at a point lying in the west line of said Lot 1 from which an 1/2" iron rod stamped "Beasley
RPLS 4050" found at the northwest corner of said Lot 1 bears N00°06'00"W 390.82 feet, said point being
the beginning of a curve to the right, of which the radius point lies S27°09'51"W, a radial distance of 16.52
feet;
THENCE southeasterly along the arc, through a central angle of 42°31'42", a distance of 12.26 feet to a
point;
THENCE S18°31'18"E, a distance of 37.95 feet to a point;
THENCE southwesterly, 41.17 feet along a non tangent curve to the right, having a radius of 23.01 feet, a
central angle of 102'31'33" and a chord bearing S33'37'30"W, 35.90 feet to a point from which an "X"
found at the northeast corner of a 24 foot wide Public Access Easement, recorded in County Clerk's
Instrument No. D216128573, Deed Records, Tarrant County, Texas bears S00°06'00"E 2.16 feet;
THENCE N00°06'00"W, along said west line, a distance of 74.83 feet to the point of beginning, containing
0.024 (1,059 square feet) acres of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
SEE 8-1/2"X1 V PLAT ATTACHED F
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DESIGN PLAN AND SPECIFICATIONS
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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.
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.
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