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HomeMy WebLinkAboutContract 47846 CITY URECRETA.0 G0IVTI�MVTwo . DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of V� , 2016 by and between Ridglea Senior Living 2015, LLC acting by and through Jason Dupont , 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 7.340 acre tract located in the Hays County Survey, Abstract 258 , Tarrant County, Texas according to the deed recorded in Volume _G , Page 128 , 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 Lot 2,3,4, Block B, Ridgeway Manor 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 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 OFFICIAL,RECORD STORMWATER/21 FACILITY MAINTENANCE AGREEMENT ReCITY SECRETARY II� 117 liN1 11X 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. 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 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 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 14th day of March 2016. Landowner City of Fort Worth Ridglea Senior Living 2015, LLC ame: Jason Dupont Jesus J. Chapa Assistant City Manager Title: CFO Approved as to Form and Legality Assistant City Attorney ATTEST City Secre F �$ ©01 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 - STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Q-D 1 by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LINDA M. HIRRLINGER jA -Notary Public,State of Texas otary Public, State of Texas •"`•'r,:Comm.Expires 02-02-2018 Notary ID 12414474-6 ST § COUNTY OF TARRANT § Before me, the undersigned authority on this 14th day of March 2016 personally appeared Jason Dupont , 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 Ridglea Senior Living 2015, LLC_, and that he executed the same as its CFO and as the act of such Ridglea Senior Living 2015, LLC and for the purposes and consideration expressed in the foregoing instrument. SLATER HEIL Notary Public,State of Texas Notary Public, State of Texas Comm.Expires 12-07-2019 Notary ID 130463149 �,nwa STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 EXHIBIT A DRAINAGE EASEMENT All THAT PORTION OF RIDGEWAY MANOR NO.2 INC,RECORDED IN VOLUME 388-G, PAGE 127,PLAT RECORDS,TARRANT COUNTY,TEXAS.,AS CONVEYED TO RIDGLEA LANDCO,LLC BY THE DEED RECORDED IN INSTRUMENT D215071060,DEED RECORDS,TARRANT COUNTY,TEXAS(D.R.,T.CO.,TX.), AND PORTIONS OF THE VACATED RIGHT-OF-WAY OF WESTRIDGE AVENUE(TRACT 2) AS VACATED PER CITY ORDINANCE#22103-03-2016 BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Commencing at an"x"cut in concrete,found for the Northeast corner of said Ridglea tract,said point being in the West Right of Way(ROW)line of Bryant Irvin Road; THENCE South 00 degrees 03 minutes 30 seconds West with said ROW and East line of said Ridglea tract a distance of 636.53 feet to a 5/8-inch iron pin found for the common South line of proposed Lot 3 and North line of proposed Lot 4 as shown on FS-15-073,a proposed final plat for said property; THENCE with said common line South 88 degrees 07 minutes 24 seconds West,a distance of 161.62 feet to the northeast corner of this proposed drainage easement,being the TRUE POINT OF BEGINNING for this description; Thence,with the east line of this proposed drainage easement the following courses: 1) South 02 degrees 40 minutes 25 seconds West,a distance of 67.65 feet; 2) Along the arc of a non-tangent curve to the right, having a radius of 920.20 feet, a long chord bearing South 02 degrees 45 minutes 13 seconds West a distance of 360.21 feet,and an arc distance of 362.55 feet; 3) South 75 degrees 57 minutes 34 seconds East,a distance of 21.70 feet to a point for corner; 4) South 06 degrees 05 minutes 00 seconds East,a distance of 121.45 feet to a point for corner, 5) South 25 degrees 13 minutes 28 seconds East,a distance of 35.16 feet to a point for corner; 6) South 00 degrees 34 minutes 25 seconds East,a distance of 127.03 feet to a point for corner; 7) South 31 degrees 27 minutes 42 seconds West,a distance of 35.12 feet to a point for the Southeast corner of this proposed drainage easement,being in the north line of that certain 15 foot wide easement granted to the City of Fort Worth in the document filed in Volume 2829, Page 246,D.R.,T.CO.,TX.), Thence,along the common South line of this proposed drainage easement and North line of said 15 foot wide easement,North 58 degrees 35 minutes 4 seconds West,a distance of 167.58 feet to a point for the Southwest corner of this proposed drainage easement,being in the West line of said Tract 2; Thence,with the common West line of this proposed drainage easement and the west line of Tract 2, along the arc of a non-tangent curve to the left,having a radius of 902.20 feet, a long chord bearing North 09 degrees 15 minutes 15 seconds East a distance of 638.34 feet,and an arc distance of 652.46 feet; Thence, continuing with said common line,along the arc of a non-tangent curve to the left, having a radius of 2294.20 feet, a long chord bearing North 11 degrees 44 minutes 25 seconds West a distance of 24.21 feet, and an arc distance of 24.21 feet to a point for the Northwest corner of this proposed drainage easement,in said common South line of proposed Lot 3 and North line of proposed Lot 4; Thence with said common line, North 88 degrees 07 minutes 24 seconds East,a distance of 33.91 feet to the POINT OF BEGINNING,containing in all some 0.8565 acre or 37,308 sq.ft. of land,more or less. U`a PREPARED FROM RECORDS FURNISHED AND A r P��i s i 'T F SURVEY MADE ON THE GROUND ON FEBRUARY 15, G RF f9J, 2016. GEORGE R. HIL . 0'02P � SU R� GEORGE R. HILL R.P.L.S.6022 �„r Original Scale: 1"= 100 t 1 RIDGLEA LANDCO,LLc o o Bearing9,distances,acreages&coordinates 0 50 100 200 ,; CC#0215071060 .,Q CAO are based on NAD 63 Grid,North Central Zone, t- -- D.R.,T.Co jx. GJ trJ o Texas State Pians Coordinate System. Graphic Scale In Feet °' PROPOSED i` o — — p 111 P.O.B.3.9 BA3 w W Hu mb0.Rr�Ave. Drain age Esmt. 61 1 r S88°07'24"E 5!8"I.P.S L=14.21' R=2294.20" LC=N 11°24'251-W,24.21'..0- •••'� a N 1 C V BLOCK52LOT11 �� N u' BLOCK B O Proposed 20'building Ridglea Addition line per plat FS-15-073 a) Volume 133,Page 27 `¢ P.R.,T.Co.,Tx. LOT 10 i 8'LONESTAR GAS CO.ESMT — VOL.2829,PG.246 Z i D,R.,T.Co.,Tx. c �• i I f O 0 I Z 0 LOT 9 ( Drainage Esmt. I L=362.55 R=920.20' =r I LC=S 02'4613"W,360.21' Drainage Esml. ... I L=652.46'R=9.638 L Farnsworth Ave. LC=N09'15115"E.638.34' I _ ! (80'ROW) PROPOSED I' LOT 4 4.100Acres LOT 1 / / 21.70' i .S 75'57'34"E 81 N a Tract 2 / l I Vacated by City Ordinan /// e No.22103-03-2016 Retained as 10'Utility E It /� 1P �LA.o aP a PROPOSED /p DRAINAGE EASEMENT rn a .•f� �$�yy OF TFL 4 7 6 A/ GEORGE................. HILL LOT 1-R \�,� qA7 I ( � 6022 / ►.o<?�oc<e�oc LOT 2 \ \ PRE 11 D FROM RECORDS FURNISHED AND A SURV rig q inn.. MADE ON THE GROU15/t fi A N 15'CITU OF FORT WORTHTI CF> EASEMENT +' 4 VOL.2829,PG.246 3 Pro' o.10063— rains a Easement 03-03-26 a.R.,r.co.,rx. 'GEORGE-JR, HILL FR.P.LS No- snqq SCALE 1"=100' Sempco Surveying, Inc. DWN:GRH CHK. Exhibit B (see attached 3208 S. Main St. Proposed Drainage Easement field notes) Ft. 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'^e p p .9 0 to In v Al.r tNo in o mU 0 T m w iu`m X n C r D m o 6 o b b a o b o n Z o� ,o (I lu Ll 11r.o 3 R .0 q N OR Exhibit 11C" 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 I'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 filtrations stem 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 � W m O N n D cn cn D D p ' DnD D0D cn � ONc (D D ( ( cCcD n m O `Z cn m m -0 m m m 77 0 cn m 0o o -0 (D cccN Q D (D(D c m v v O �D C C c�D ccn in Z ? c . -0 (D O oD G0 v (D m m O - O0 0- O o�tJ7 O Zr r(D, cn v m 25- 0 O O O 0 (n Zcr cr (D( D 3 O o Q. 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