HomeMy WebLinkAboutContract 46691 CRY SECRETARY ( I '
CONTRACT NO. �P I
DOE # 7189
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT,made and entered into this day of „ byao
d
fki O15or1,
betty Roman Catholic Diocese of Fort Worth, acting by through i�-
s.1.-`.' - u�t�s
lam##•Bishop of the Catholic Diocese of Fort Worth, 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 31.316 acre tract located in the J.BOWMAN Survey, Abstract NO. 79 and
W.DEAN survey, abstract NO.436,Tarrant County,Texas according to the deed recorded
In Instrument no. D210130370, 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 SAINT THOMAS THE APOSTLE
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
M the confines of the Property;and
C-)
M
M WHEREAS, the City and the Landowner, and their successors and assigns, agree
0
n that the health,safety and welfare of the residents of the City of Fort Worth,Texas require
that on-site Storm Water Management Facilities be constructed and maintained on a
C= portion of the Property; and
CA
WHEREAS, the City requires that on-site Storm Water 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
1
STORMWv. ATfT
E2 FACILYMAlNTENANCEAGREEMENT OFFICIAL RECORD
S
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 Storm Water 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 Storm Water Facility
includes all pipes, channels or other conveyances built to convey storm water
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the storm water. Adequate maintenance
is herein defined as good working condition so that these facilities are
performing their design functions. The Storm Water 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
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
STORM WATER FACILRY MAINTENANCE AGREEMENT 2
Rev DW10=12
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 convect 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 COVENAN'T 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,
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.09110/2012
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]
STORM WATER FACLITY MAINTENANCE AGREEMENT 4
Rev.09110!2012
Executed this � � day of Pq) 2014.
Landowner City of Fort Worth
f_
Name: iiichsel F. Olson, S.T.D. Fernando Costa
Assistant City Manager
Title:Bishop of the Catholic
Diocese of Fort W Approved' as to Form an ah
'oy Rev. Karl Schiiken,Attomey4n-Fad Assistant City At mey C�•3u►c
for Michael F.Olson,STD, Bishop of the
Catholic Diocese of Fort Abrth 0 R r ST
°° O
E- ecretary
-\ W°000000 V
'EXP
NO M&C REQUIRED
STORM WATER FAC1L"MAWTENANCE AGREEMENT OFFICIAL RECORD 5
Rev.W10=12 CITY SECRETARY
FT.WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
Fernando Costa, Assistant City Manager of the City of Fort Worth, eh�al f of the City
of Fort Worth.
TRIKINYA L. JOHNSON
Notary Public,State of Texas
?h€ My Commission Expires Notary Public, 91tateOX
as
April 17, 2018
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this �[ _ day of
lam oa,vilI , 20_ff, 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
'14 0 t0 caa.6 4 Ph f" t JOL h-, and that he executed the same as its
K. (br' M, bju� and as We act of such and for the purposes and
U consideration ex in the foregoing instrument. ' tsk� k' � t v�•�
Not b c, State of T as
r'� = JOY HOWREY
NOTARY PUBLIC
State of Texas
:' Ci fi' Gor1tt1►,DcP.01`21-2017
STORM WATER FACILITY MAINTENANCE AGREEMENT t)
Rev.09/10/2012
Exhibit A
Storm Water Detention Facility
J. Bowman Survey, Abstract No. 79
Fort Worth, Tarrant County, Texas
Page 1 of 2
BEING a 1.531 acre portion of that certain tract of land conveyed to Kevin W. Vann,J.C.D., D.D., Bishop of the Catholic
Diocese of Fort Worth and His Successors in Office according to the Special Warranty Deed recorded in Instrument No.
D210130370, Official Public Records,Tarrant County, Texas, and being more particularly described by metes and
bounds as follows (Basis of bearing being State Plane Grid as established using GPS technology in conjunction with the
Texas RTK Cooperative Network);
COMMENCING at the southeast corner of said Catholic Diocese Tract in the west right-of-way line of Bowman Roberts
Road (50' Right-of-Way),from which a found 5/8 inch capped iron rod marked"JACOBS"for the northeast comer of said
Catholic Diocese Tract bears North 00°16'07" East, a distance of 1000.07 feet;
THENCE South 89°35'13"West, with the south line of said Catholic Diocese Tract,at a distance of 0.58 feet passing a
found concrete monument in the north line of that certain tract of land conveyed to Oncor Electric Delivery Company,
LLC according to the Warranty Deed recorded in Volume 2103, Page 290, Deed Records,Tarrant County, Texas,
continuing with the common line between said Catholic Diocese Tract and said Oncor Tract for a total distance of 7.97
feet to the POINT OF BEGINNING of the herein described tract;
THENCE South 89°35'13"West, continuing with the said common line, a distance of 315.73 feet to a point from which a
found concrete monument bears South 89°35'13"West, a distance of 524.08 feet;
THENCE North 00°24'47"West, departing said common line,a distance of 50.00 feet;
THENCE North 42°26'45" East, a distance of 85.00 feet;
THENCE South 89'48'56" East, a distance of 142.00 feet;
THENCE North 43°04'31" East, a distance of 59.00 feet;
THENCE North 00°09'10" East, a distance of 375.00 feet;
THENCE South 89°37'49" East, a distance of 78.00 feet;
THENCE South 00016'50"West, a distance of 527.59 feet to the POINT OF BEGINNING and containing 1.531 acres or
66,671 square feet of land, more or less.
j Q•''G STE
Jo a D. Wargo Date �
R istered Professional Land Surveyor No. 6391 ..... ........... .•••••• •••'
JOSHUA D:•�NARGO
. .
x..........6391
� �•'o��FESS��aP�Q'
qNa sugv
o Baird, Hampton & Brown, Inc.
Q L:1e Engineering & Surveying
4550 SH 360 Ste. 180 Grapevine,TX 760.51 Tel:(817)251-8550 Foz:(817)251-8810 w"thhinc.com
FIRM REGISTRATION NO: F-000044 / TBPLS HW FIRM 10011300 / TBPLS GV FIRM 10011302
'ng• vrvey 1 mart APw vnq t mnr m/nage +mr. y o 1 .1 'f A
PlotW by Cmdj�Hon,RPLS Pki DaW 21191201510:57 AM
EXHIBIT"A"
INSERT LEGAL DESCRIPTION
SEE ATTACHED
STORM WATER FACILMY MAINTENANCE AGREEMENT 7
Rev.D9/l012012
N Exhibit A
Storm Water Detention Facility
W e E' E J. Bowman Survey, Abstract No. 79
Fort Worth, Tarrant County, Texas Lot 53
sr•cuvm.m.e Lake Hollow
s
Page 2 of 2 '" coq-adaa
S 89037149"E Lo<s2
78.00' C�mpoHntiian
Lot 51 L
0 100' Late Houow 0 -
corpond-
SCALE: 1"= 100' Lot 50
Lake Hollow aM a
Legend Cmponnon W 5
IRF......Iron Rod Found X -
CIRF...Capped Iron Rod Found n Lot Hoollow
M
Corpora-
Lai 49
orpora-Lo149
0 Lake Hollow
W
Kevin W.Vann J.C.D. D.D.,Bishopof y�+
H i
Lake Hollow
the Catholic Diocese of Fort Worth and o c m Corpomam
His Successors in Office oo q
0 0�
Instrument No.D210130370 0 �' "' Q a l ake�eo4uow
Official Public Records,Tarrant County, C °e°
Texas 0 �• �
•caarrnt awc•
3 W 45
N 43°04'31"E o W p '''fe"°°°"'c°rp
59.00' Co 0
o t0
g S 89048156"E 142.00' o 0
z
�, oo >At44
1��+��j• _ Lake Hollow
ti rn, voter enq'=b;, ¢e hY Corportian
1.5.31 acres or
N 00°24'47"W $61#,71 : Lore rrrt
eweac�.e in•craem.m.e
50.00'
ro-ic . tS 89°35'13"W 315.73', aw "" oamrEleetrie
_ Delivery company,LLC
S 89035'13"W 524.08' POB
Volum D LT.CT. 309
DRT.C.T.
Oncor Electric Delivery Company,LLC
Volum 2103,PW 290 S 89035'13"W 7.97'
DAT.C.T. q/!
1,2'core mea in•CWm.a=e V 4 r�acema.
a�•me •urmas• •twines• ia.�, Hv"m`
OERF�'gts
.....................................
NOTE: JOSHUA D. WARGO
Basis of bearing being the Texas State Plane
Coordinate System,NAD83 North Central Zone- ,•6391........,
4202,as established using GPS technology In
conjunction with the RTK Cooperative Network 0 SUFN� ��
o Baird, Hampton & Brown, Inc. /
a ED Engineering 8c Surveying shun D.WergO ate
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4550 SH 360 Ste, 180 Grapevine.TX 76051 Tel:(817)251-8550 Fmc(817)251-8810■ww.bhbinc.com
FIRM REGISTRATION N0: F-000044 / TBPLS FTW FIRM 10011300 /TBPLS GV FIRM 10011302 Registered Professional Land Surveyor No.6391
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EXHIBIT "B"
STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev.09/10/2012
NOTES: — ——
i
1.THE PROPOSED DETENTION POND WAS
DESIGNED ACCORDING TO APPLICABLE ISWM ARDS.
DET.POND 100-YR VOL.REQ.=84851 CF
DET.POND 100-YR VOL.PROV.=85102 CF I I
N EX.0100=25 CFS
SOUTHERN BASIN 100-YR WSEL=784.23
NORTHERN BASIN 100-YR WSEL=784.55
0 60• 120' EMERGENCY SPILLWAY LENGTH=65' I i
EMBANKMENT SLOPES =4:1
SCALE i X80 MAINTENANCE ACCESS WIDTH=10' I I
DOE No: 7189 2.THE 5'x5'CONCRETE OUTLET STRUCTUR WAS I I I
City Project No: 02231 DESIGNED TO RELEASE CALL=25 CFS I
I IZ
I Ia I
jo I :
IZ I
F-
l o I
PRIVATE DRAINAGE EASEMENT I O I
I la I
5.0'WIDE CONCRETE I .
PILOT CHANNEL B @0.25% I I
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PROP. O
24'RCP 0'_
1
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65.0'WIDE EMERGENCY I m
SPILLWAY IlO
TOP OF EMBANKMENT=785.23
PROVIDE 10'WIDE TOP OF SPILLWAY=784.23
AINTENANCE ACCESS
RAMP @MAX.
— —— —— I 5.0 WIDE CONCRETE
/ I PILOT CHANNEL B @0.5%
/ I
PROP.DETENTION BASIN
0 1
1
5.0'WIDE CONCRETE PROP.
PILOT CHANNEL A @0.25% 2T'RCP
— Q
ROMAN CATHOLIC DIOCESE OF FORT WORTH AGREEMENT EXHIBIT B x
Baa WEST tmr B20 Wo EXHIBIT B
FORT rORTH.Tou9]6108 DETENTION BASIN PLAN � r PAGE I OF 3
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ROMAN CATHOLIC DIOCESE OF FORT WORTH AGREEMENT EXHIBIT B
M W LOOP 828 SOUN PROFILES A & B EXHIBIT B
FORT NUM,7 76108 PAGE 2 OF 3
Tek(817)SU-2452,158 SECTIONS A-A & B-B
(]17— Baird, Hampton & Brown, Inc. ST THOMAS THE APOSTLE CATHOLIC CHURCH
ee 0I e Engineering & Surveying NWC OF BOWMAN ROBERTS RD.&BLUEGILL DR. BHB PROJECT NO:
4550 SA 360 St.180.tear.TX 76051 T&4617)251-11556 F.:(817)251-MIC—.&*W— FORT WORTH,TEXAS 2
TBPE FFW 144 013.708.000
DMWP10 FILE F\2013.000.000\201].708.000\DW'\SYFW IfS.E.q I SWNA PROFILES
A yA-1 ,�, u 7 A,> - 0- "/-lir
TOP OF WEIR 2'-9"x 6"RECTANGULAR
WITH GRATE=783.95 OPENING
FL=782.65
100-YR BASIN
WSEL=784.23 PROPOSED 27"OUTLET PIPE
FROM BASIN @ 0.43%
FL=780.50
10-YR BASIN
WSEL=783.42
\
1-YR BASIN
�•
WSEL=782.6
.D 4'-4"
i�lll,�lllli IIIIII��,III, I IIII;ISI—III—
4'-4'k 8"RECTANGULAR
ELEVATION OPENING
FL=780.50
TOP OF WEIR
WITH GRATE=783.95 100-YR BASIN
WSEL=764.23
tl U Li 151 Ll 11 Ll LT
FINISHED GRADE
5'Wide Concrete
Pilot Channel @ 0.25% `4 5'Square
in
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FL=780.50
—III—III—III—III .FF �r—i Tf—i� I—I I Ed I ElI MI I I—I
4'-4"x 8"RECTANGULAR OPENING 2'-9"x 6"RECTANGULAR
OPENING
FL=780.50
FL=782.65
SECTION
NOTES:
1. THE PROPOSED OUTLET STRUCTURE IS A 5-FT
SQUARE STORM DRAIN MANHOLE PER COFW
CONSTRUCTION DETAILS FIG.33 49 10-D410.
2. STEEL GRATE SHALL BE McNICHOLS STEEL GW
SERIES WELDED GRATING WITH BAR SPACING 1"X 4"
IN THE FORM OF TWO SECTIONS,APPROXIMATE I
5'X 2.5'EACH OR APPROVED EQUAL.
5'x5' OUTLET STRUCTURE DETAIL
N.T.S.
ROMAN CATHOLIC DIOCESE OF FORT WORTH AGREEMENT EXHIBIT B m
8W1 �620SOUm CONSTRUCTION DETAILS x EXHIBIT
17) 7-245]6108 (1 O F 3) `m
U; ' PAGE 3a OF 3
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PROJECT N0:
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$A M 9s 100.Ggeii.,72 7t6M rl(617)251-8=r gSP)sslaeig...06M . FORT WORTH,TEXAS mo
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EMERGENCEY SPILLWAY
W
TOP OF EMBANKMENT=785.23- SEL=784.51 EROSION CONTROL' BLANKET PER CFW
STANDARDS
s 0.28' .. .. ..
65.0'
TOP OF SPILLWAY EL=784.23
100-YR WSEL=784.23
EMERGENCY SPILLWAY CROSS SECTION
N.T.S
5.O'WIDE - --
4"— 4" SLOPE
1"SAND
CUSHION)
I
I
CONCRETE PILOT j
CHANNEL REINFORCED
WITH#3 @18"CCBW J
CONCRETE PILOT CHANNEL
N.T.S
ROMAN CATHOLIC DIOCESE OF FORT WORTH AGREEMENT EXHIBIT B
900 WEST LOOP 62G SLOTH CONSTRUCTION DETAILS EXHIBIT B
FORT WORTR TEXAS 761M
Tee(en)L560-21521.158 (2 OF 3) PAGE 3b OF 3
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Oahu WG PILE E\20-00ES0\2013-090.OWL\S—A E-RTS1,I U-1-
STONE VENEER 1 H MIN
36" MIN RCP DIA. 24" MIN
— —
18" MIN
PLAN VIEW
OPTIONAL
GROUT STONE VENEER STONE VENEER
PER ARCHITECT
TO CONCRETE HEADWALL (NOT IN CONTRACT)
III—III— _
IEd I III=
III11�I 1111=11 6„
=IIIII— #4 BARS
I 12" C.C.E.W.
II III RCP DIA \ \
IIIII \ GROUT STONE VENEER
FLOW
\ LOW \ TO CONCRETE HEADWALL
_ _ _ __ __ —_
—III—III—III—III—III—III—III— I —III III III III III III III _
1 =-1 1I I=III=III=III=III=I I—III=11 III—III—III—III—III—I I
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CONCRETE HEADWALL DETAIL
N.T.S.
ROMAN CATHOLIC DIOCESE OF FORT WORTH AGREEMENT EXHIBIT B m
800M l e20SOM CONSTRUCTION DETAILS " EXHIBITS
FONT MOIiM.T S 7610O F(3 3) U r
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Exhibit "C"
CITY OF FORT WORTH STORM WATER 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT g
Rev.09/10/2012
Exhibit "D"
Storm Water 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
AmeuRt sf-psrded
Water
Location of Erosion
Percent of
vegetation
Location of Erosion
MAJOR
INSPECTIONS
VVateF Quality
tRIGtwe
Type of stwm
WateF Quality
�ustu�e
Structure type and
Condition
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
Rev.09/10/2012
Ra
mien-ef
filtratioR system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
�etie�a of
Aeration
FeupAa#Gp
STORM WATER FACILITY MAINTENANCE AGREEMENT 11
Rev.09/10/2012