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HomeMy WebLinkAboutContract 47597 RECEIVE s�. MAR 11 7111 1� (X(Y SEMAW 171'OF FDFt DOE # 7511 Ir,0k1 TACT O. ('11Y SEU STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 'lO , by and between Brickstone Development, LP, acting by and through Ron Lewandowski, Managing Partner, 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 1.49 acre tract located in the Francisco Cuella Survey, Abstract 266, Tarrant County, Texas according to the deed recorded in Instrument #D215121676, 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 Villas at Barber Creek 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 ("Facility") as shown on the Plan be constructed and adequately maintained by the OFF§CIAL RECORD/ STORMWATER FACILITY MAINTENANCE AGREEMENT CCj " F)ECRETAR�1 Rev.12/29/2014 �_'I r� +p YX @ U" Jo l7fIN'lll�U U p 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 Storrnwater 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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 obli;;ation 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 COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 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. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.12/29/2014 Executed this)`-r kday ofMV61-20� Landowner City of Fort Worth Brickstone Development, LP Name: Ron Lewandowski Jesus J. Chapa Assistant City Manager Title: Managing Partner Approved as to Form and Legality Gi Assistant City Attorneys AeTW"e Al P-AS ATTEST --�0 City Secretary 00) OOp°�B vt i 8 ° i0000C00/ao�o00 [�)FMCIAL REC®R®N® M TIBP�JARED j ITY SECRETA'R'7 - F� �PJBRTH9 a,, STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.12/29/2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on � ���Q��i by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. =i "('4"" TRIKINYA L. JOHNSON Notary Public,Stote of Texas Notary Pdolic, of Texas My Commission Expires April 11, 2078 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 'o day of 20(f, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and a knowledged to me that the same is the act of 2,cac�-AoNEufPMcA1-r L_P and that he executed the same as its IAAMM)94 AC7-,N and as the act of such tAinOWNQ:and for the purposes and consideration expressed in the foregoing instrument. """"''• CINDY UNDERHILL I state of Texas _2. Notory public, Notary Publiate of Texas My Commission Expires =hFo, December 14, 2018 ••111/N STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 EXHIBIT "A" FIELD NOTES to that certain tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant County, Texas, said tract being a portion of the tract described in the deed to Brickstone Development, L. P. recorded under Instrument Number D21521676 of the Official Public Records of Tarrant County, Texas; the subject tract being more particularly described as follows: Beginning at a 5/8 inch rebar found at the southwest corner of the tract described in the deed to Brickstone Development, L. P. recorded under Instrument Number D21521676 of the Official Public Records of Tarrant County, Texas (hereinafter referred to as the Brickstone tract); THENCE NORTH 00 degrees 09 minutes 03 seconds WEST, with the west line of the said Brickstone tract, a distance of 225.17 feet, from which a 1/2 inch rebar found at the northwest corner of the Brickstone tract bears NORTH 00 degrees 09 minutes 03 seconds WEST, a distance of 175.00 feet; THENCE the following calls through the interior of the Brickstone tract: 1. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 35.27 feet a non- tangent curve concave to the northeast and having a radius of 50.00 feet; 2. Along the said non-tangent curve, an arc length of 110.71 feet to the end of the curve, a chord bearing of NORTH 63 degrees 54 minutes 32 seconds EAST and a chord distance of 9.55 feet the beginning of a reverse curve concave to the southeast, and having a radius of 25.00 feet; 3. Along the said reverse curve an arc length of 9.61 feet; 4. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 129.17 feet; 5. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 348.00 feet; 6. NORTH 00 degrees 14 minutes 16 seconds WEST, a distance of 130.00 feet: 7. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 25.00 feet; 8. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 130.00 feet; 9. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 175.00 feet; 10. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 47.00 feet; 11. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 351.00 feet; 12. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 12.58 feet to the south line of the Brickstone tract, from which a 5/8 capped rebar stamped "Gorrondona & Assoc" found at the southeast corner of the Brickstone tract bears NORTH 89 degrees 43 minutes 45 seconds EAST, a distance of 34.00 feet; THENCE SOUTH 89 degrees 43 minutes 45 seconds WEST, with the south line of the Brickstone tract, a distance of 1023.20 feet returning to the Point of Beginning and enclosing 1.487 acres (64,778 square feet). STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.12/29/2014 JPH Land Surveying, Inc. aNd Dallas-Fort Worth * Austin * Abilene ,'4 Exhibit "A" U Page 1 of 3 FIELD NOTES to that certain tract situated in the Francisco •�fi Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant County, Texas, said tract being a portion of the tract described in the deed to Brickstone Development, L. P. recorded under Instrument Number D21521676 of the Official Public Records of Tarrant County, Texas; the subject tract being more particularly described as follows: Beginning at a 5/8 inch rebar found at the southwest corner of the tract described in the deed to Brickstone Development, L. P. recorded under Instrument Number D21521676 of the Official Public Records of Tarrant County, Texas (hereinafter referred to as the Brickstone tract); THENCE NORTH 00 degrees 09 minutes 03 seconds WEST, with the west line of the said Brickstone tract, a distance of 225.17 feet, from which a 1/2 inch rebar found at the northwest corner of the Brickstone tract bears NORTH 00 degrees 09 minutes 03 seconds WEST, a distance of 175.00 feet; THENCE the following calls through the interior of the Brickstone tract: 1. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 35.27 feet a non-tangent curve concave to the northeast and having a radius of 50.00 feet; 2. Along the said non-tangent curve, an arc length of 110.71 feet to the end of the curve, a chord bearing of NORTH 63 degrees 54 minutes 32 seconds EAST and a chord distance of 9.55 feet the beginning of a reverse curve concave to the southeast, and having a radius of 25.00 feet; 3. Along the said reverse curve an arc length of 9.61 feet; 4. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 129.17 feet; 5. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 348.00 feet; 6. NORTH 00 degrees 14 minutes 16 seconds WEST, a distance of 130.00 feet: W W W.JPHLANDSURVEYING.COM 7. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 25.00 feet; 8. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 130.00 feet; 9. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 175.00 feet; 10. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 47.00 feet; 11. NORTH 89 degrees 45 minutes 44 seconds EAST, a distance of 351.00 feet; 12. SOUTH 00 degrees 14 minutes 16 seconds EAST, a distance of 12.58 feet to the south line of the Brickstone tract, from which a 5/8 capped rebar stamped "Gorrondona & Assoc" found at the southeast corner of the Brickstone tract bears NORTH 89 degrees 43 minutes 45 seconds EAST, a distance of 34.00 feet; THENCE SOUTH 89 degrees 43 minutes 45 seconds WEST, with the south line of the Brickstone tract, a distance of 1023.20 feet returning to the Point of Beginning and enclosing 1.487 acres (64,778 square feet). Jewel Chadd Registered Professional Land Surveyor No. 5754 jewel(a-),iphls.com September 03, 2015 2014.009.020 Dallas-Fort Worth Austin Abilene 807 Bluebonnet Drive, Suite C 13563 W SH 29, Suite 4 500 Chestnut St.#1621 Keller,Texas 76248 Liberty Hill,Texas 78642 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 WWW.JPHLAND S URV EYING.C OM Exhibit "A" ALTA VISTAROAD page 3 of 3 120'RIGHTOF\VAY z - - - - 518"REBAR GORRONDONA&ASSOC S00°14'16"E Scale: 1"= 150' 12.58' CITY OF FORT WORTH N89°43'45"E 34.00' INSTRUMENT NUMBER D210220048 O.P.R.T.C.T. a 0 W � r, w 0 WOP, z H� `]rnF � N cn M � Oi-f (� QNP4 OkSOO-14'16"E 47.00Pq Q �Fa O 0 CA 0 w o � N o N S00°14'16"E 130.00' z 3 N89°45'44"E 25.00' N00°14'16'W 130.00' 0 0 v W v PROPOSED LOT 18 z PRIVATE OPEN SPACE LOT 64,778 S.F. 1.487 AC. S0094'16"E 129.17' L=110.71',R=50.00' L=9.61',R=25.00' A=126°52'12" A�22°01'58" S63°40'22"E-89.44' N63 5432 N89°454 27" t� P.O.B. 35.27' o� NOO°09'03"W 175.00'0 N00°09'03"W 225.17' n MARIA VILLANUEVA AND N00-0 '0311W 400.171 ANURE-B.CRUDGINGTON AND FSUSDNO VILLANUEVA CALVIN GSTEEN AND VEIAfA A.CRUDGiNGiON INSTRUMENT NUMBERD20D13341 LAURA P.STEEN 1NSIRD\IENTNG\IDERD2031=0 O.P.R.T.C.T. INSTRUMENT NUMBERDI9'A1fi6318 OT.R.T.C.T. O.P.R.T.C.T. OF TE �,a N d ��. Exhibit Showing Q�' 4 ; �a 1.487 acres .•�ti in the / �: t�• .•t• Francisco Cuella Survej� Abstract No.266 City of Fort Worth ---._ U `•• •� •••�•• Tarrant County,Texas . �., ,u • b�5 ; D.R.T.C.T.—Deed Records of Tarrant County,Texas 1 1 J Monuments are found,unless marked MNS or CRS TBPLS Firm `e1 ••A •D•'• vP Bearings are based on Tx.Coordinate System of 1983,NC Zone. #100195-00 Sll 807 Bluebonnet Drive,Suite C August 03,2015 Keller,Texas 76248 Tel(817)431-4971 0 2015 JPH Land Surveying,Inc. 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U) d� ;� sr •IG 2' �� if it Mi, AWHOIVA - �� i� Aol �A w1 za4� mz xnf � Dr Xsr..•� _ _ - ql S�= sArn• ] r �, a xJz1 .�.� I:Jr e9 '� .""' ioi : �� �- d1 4- 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.12/29/2014 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 pond Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard 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 9 Rev.12/29/2014 Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.12/29/2014