Loading...
HomeMy WebLinkAboutContract 58947Date Received: 2/28/2023 Permit No.: SWFMA-22-0100 Time Received: 3:20 p.m. City Secretary No.: 58947 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 'St day of March 2023 , by and between Tarrant County Hospital District d/b/a JPS Health Network, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter refereed to as "City"'. WITNESSETH WHEREAS. the Landowner is the owner of certain real property described as an approximately 8.47 acre tract located in the F. Richards Survey, Abstract 1297, Tarrant County, Texas according to the deed recorded in Cab. A Slide 3086, 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 Rosedale 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 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev, 03/01/2022 BN CITY SECRETARY FT. WORTH, TX 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: I. 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, inlet and outlet structures, pond areas, access roads, water quality device, 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 of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 0310112022 BN 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 and such failure continues for 30 days after written notice from the City to Landowner of such failure, 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. In the event of any emergency, there will be no such notice requirement and the City will have the right to enter upon the Facility Property immediately to take whatever steps necessary to correct deficiencies. 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. 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. 7. Landowner covenants and agrees that no habitable building shall be erected within the property in which the Facility is located as outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the property in which the Facility is located on, which do not impede sTORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 03/01/2022 BN drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property, in part of the same drainage sub -basin, abutting such property in which the Facility is located 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. S. 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. REMAINDER OF THIS PAGE TO BE LEFT BLANK STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 03101/2022 BN Executed this Ist day of March CITY OF FORT WORTH Dana Burghdoff (Feb 27, 20 15:41 CST Dana Burghdoff Assistant City Manager City of Fort Worth Date: feb 27, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Feb 27, 2023 4090'anll ATTEST: oho %o"a$ Ov8 o=d Jannette S. Goodall City Secretary Date: Feb 28, 2023 2023 LANDOWNER Tarrant County Hospital District d/b/a JPS Health Network William Masterso Sr. Executive Vice President, Chief Operating Officer Date: 2 z2� 3 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. Rebecca Diane Owen (Feb 27 2023 15:10 CST Rebecca Owen Planning Manager Date: Feb 27, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/0112022 BN STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on Dana BLrrghdoff, Assistant City Manager of the City of Fort of Fort Worth. o�pRYPCBROOKE BONNELL a Notary Public * * STATE OF TEXAS uOFNotary My Comm EDp.134009525t.11,2026 LANDOWNER STATE OF T�}� COUNTY OF Q1 Q.�rc February 27, 2023 by Worth, on behalf of the City Digitally signed by Brooke Bonnell Brooke B o n n e l l Date: 2023.02.27 15:49:20-06'00' Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in a/��AJnd,� for the State of -�- , on this day personally q�Q�appeared_W! l b'C(-M 0dS (name), = —( pY! h L, � 7-(C (title), known to me to be the Ij person whose name is ssu`bscribed 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 of�lW�UWk; l J� S�/fi� (entity), a stated. (entity type) and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20_2tj t:;um• Suzanne Barnes :°f' n •�K" = Notary Public '•* *� STATE OF TEXAS Vay' '.�oF�' Notary ID #12417257.2 My Comm. Exp. 08/06/2026 ...�� Notary Pu M, State of , � STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN EXHIBIT "A" LEGAL DESCRIPTION PRIVATE DRAINAGE EASEMENT BEING 1,607 acres of land situated in the FRANKLIN RICHARDS SURVEY, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot A-1, Block T, Rosedale Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3086, of the Plat Records of Tarrant County, Texas. Said 1.607 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 13' 28' 29" E 309.49 feet, from a "MAG" nail found at the Southwest corner of said Lot A-1, Block T, Rosedale Addition; THENCE severing said Lot A-1, Block T, as follows: 1. N 490 27' 57" W 34.43 feet, to a point; 2. N 28' 19' 36" W 76.17 feet, to a point; 3. N 130 26' 29" E 12.62 feet, to a point; 4. N 260 07' 02" E 113.74 feet, to a point; 5. N 890 21' 09" E 141.64 feet, to a point; 6. S 000 38' 51" E 16.00 feet, to a point at the beginning of a curve to the left; 7. SOUTHEASTERLY 3.14 feet, along said curve to the left, having a radius of 2.00 feet, a central angle of 90' 00' 00", and a chord bearing S 45' 38' 51" E 2.83 feet, to a point at the end of said curve; 8. N 890 21' 09" E 41.00 feet, to a point at the beginning of a curve to the left; 9_ NORTHEASTERLY 3.14 feet, along said curve to the left, having a radius of 2.00 feet, a central angle of 900 00' 00", and a chord bearing N 44' 21' 09" E 2.83 feet, to a point at the end of said curve; 10. N 000 38' 51" W 16.00 feet, to a point; 11. N 890 21' 09" E 90.00 feet, to a point; 12. S 00" 38' 51" E 18.00 feet, to a point; 13. S 180 12' 19" E 88.04 feet, to a point; 14. S 00" 34' 46" W 31.04 feet, to a point; 15. S 16" 54' 25" W 69.84 feet, to a point; 16, S 410 40' 24" W 61.53 feet, to a point; 17. N 800 38' 15" W 236.65 feet, to the POINT OF BEGINNING containing 1.607 acres re feet) of land. G!2r,221EASE11£NTSVt..•rdale Additimm, Lot A-1, B1kT - Dfain.ige Eak lnent - 1 607 Acic� doo EXHIBIT "A"/ LOT 3--R LOT 4—R, BLOCK R I BLOCK R ROSEDALE ROSEDALE ADDITION I ADDITION EAST MORPHY STREET — PRIVATE cv DRAINAGE EASEMENT 1.607 ACRES (69,981 SO. FT.) CID I I � Lrs p POINT OF BEGINNING St- x I LOT A--1, BLOCK "T" 4 ROSEDALE ADDITION > CAB. A, SLIDE 3086 Z i yarn P.R.T.C.T. co NAIL FOUND LOT A-2, BLOCK "T" ROSEDALE ADDITION CAB. A, SLIDE 3086 P.R.T.C.T. U ..•... CHRISL. BLEVINS '..,..q....5792 P �SUR��-� NOVEMBER 9, 2022 LOT A— 1, BLOCK "T" ROSEDALE ADDITION CAB. A, SLIDE 3086 P.R.T.C.T. Course Searing distance Li N 49'27'57' W 34.43' L2 N 28'19'36' W 76.17' L3 N 13'26'29" E 12.62' L4 N 26'07'02" E 113.74' L5 N 89'21'09" E 141.64' L6 S 00'38'51" E 16.00, L7 N 89'21'09" E 41.00' N 00'38'51" W 16.00' N 89'21'09" E 90.00' S 00'38'51" E 18,00' p S 18'12'19" E 88.04' S 00'34'46" W 31.04' S 16'54'25" W 69.84' S 41'40'24" W 1 61.53' L15 N 80'38`15' W 1 236.65' Curve Radius Length Delta Chord Chard Bear. C1 2.00' 3.14' 90,00,00" 1 2.83' 1 S 45'38'51" E 02 2.00' 3.14' 90*00,00" 1 2.83' 1 N 44'21'09" E BRITTAIN & CRAWFORD IAND SURVEYING & TOPOGRAPHIC MAPPING TEL (817) 926-0211 FAX (817) 926-9347 � P.Q. BOX 11374 3908 SOUTH FREEWAY FORT WORTH, TEARS 76110 EWIrL. edminOhrillein-Cr0aford.wm WEB51TE- ..rw.hri1107n-CrowTerd.CM FIR11 CERPFrCARONJ 1019000 c 2013 BA1ka;+ h CmeFC(d. LLC All Frights Reserved EXHIBIT MAP OF z a 1.607 ACRES OF LAND LOCATED IN O LOT A-1, BLOCK T ROSEDALE ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS SCALE 1 "=100' (KG) PROJECTS\JPS-ROSEOALE ADDN\JPS- LOT- I-A-EASEMENT.dwg EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS 5 r ._._`�;�•-� 1. _ _ -- e 1 F{`,�� _'t— -.. `'1• \• - ifff' �j.'6FU 1+1 1fLL v W x 7 "�'r -- - i�� ip—"M .% R� 1la - III " a �rp•wrt: +'+P uwaar ar ~� p a � I `7�a= xr�� -- � 1 1 ��,�sm► �r�r.u��:• � �P I 4.4 „`. '4rar��rt1 ✓�.1i�41 • ( �� �w¢a�m��r'u��� N -- Pull z 0 ;2 z ZO Ma i H i ;E ��f W ��—i>���—�>A— r���i S����t—>���� ���—� �s���—� �r������s����^� �—����s���� '�i� ��� ����� �i�A� ��—��J-1--- ���A� 'a � �� �Yr����A"'r---- >r����I—����—yam � � �I-1 ww��1.��� ���-- �� >✓����iY_� ��—��l—�� ���� �Ea .�,._. , ������^�r������ J��o��� a�r����>— �rr�a����� >✓ ��o���w�� ����>_ � �r.�rr—������ ��i ��������_>_ F � �t��������r—���r�� �r����� �iA� i����—� ��— Ir—�l��—� �1--�� ��!—il�� »Y�r7•----�� �r�� �>—�I�i1� �r!_�� ice^ rr��--�>A � =l' iY �—�1—�I � � ���iG���i�� ��A S-T��r� �����t�` � I���i-1Jt•—���^��A � —�—� 1✓ri�l�' J•P��1�� �� _ ����2T.T—��i,r-. � ����� �r�LYfl�—ice ���� ��>—�i—� r�l��� �---�YA� �---1—�� ���>—�—�lA— �— �����. ������ ������� � ������ ��rs��� ����� ��� �r������� ��� e ^` l�^` l JIIIIIII� �r.r����w� �.� ��wr�r� �r—��s_w^ ������■� r��sl�_ �� ���al..r.r��-� ��� � s.. '—.rr�� ���. �����rs�-����a_r,^^ � _ �_ y r— _�� � � r�w� ��� �� � � r..rr�irr��ea������w^^s_>_�� ��� �---��—�i—�� 1�114YNY Y_�I---�� �r�--� i n U a.k CR655 SELTIf1N G.i: � S $ va w Z l7 Li 2 1 LL I we Ne � u l aJ � el 4N N e C = Zr � N m �W go O V 1 cw I LRO SS SECTION Mal tl i 70,00 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 scaling 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. 5TORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev. 1111712016 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS 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 and Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip -Rap Condition of filtrations stem STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11I1712016 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev. 1111 T12a16