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Home My WebLink AboutContract 47847 CITY SECRETARY COMPACT NO. "/ /�q DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2016, by and between ��® �, acting by and through 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 1.241 acre tract located in the George J. Ashabranner Survey, Abstract No. 7, Tarrant County, Texas according to the deed recorded in Instrument No. D215187998, 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 1, Block A, Family Dollar — Berry Street 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 Landowner, its successors and assigns, the location and dimensions of OFFICIAL RECORID STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.09/10/2012 1 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: 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 filnction, 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 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 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.09/10/2012 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] STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09/10/2012 Executed this day of �� 201k Landowner City of Fort Worth� � � Assistant City Manager Title: Approved as to Form and Legality G�� 1,/, 611' � Assistant City Attorney A 2Yw4e.N ATTEST ity Sec-Fety Y I� �9 �o o El-0=A-m ,I'P-Q11j7111T--DD OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORM WATER FACILITY MAINTENANCE AGREEMENT cJ Rev.09/10/2012 STATE OF TEXAS § COUNTY OF TARRANT § Svs �a This instrument was acknowledged before me on r A(o, LuI — by ]LIUrn�allulu %–asla, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LINDA M. HIRRLINGER /Vi 4� Notary Public,state of Texas otary Public, State of Tex Comm.Expires 02-02-2018 ,°,,o-o' Notary ID 12414474-6 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of �'�ebr�ar , 2011,, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowle ged to me that the same is the act of �Ot DO-' a d that he executed the same as its r and as the act of such r and for the purposes and co sideration expressed in the foregoing instrument. yj-�4� " E".tKENNETH HURS , SR. Notary Public, State of Texas ary Public,State of Texas y Commission Expires October 24, 2018 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.09/10/2012 EXHIBIT "A" SEE ATTACHED EXHIBIT A SHEETS STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.09/10/2012 EXH I BIT "All STORMWATER FACILITIES EASEMENT CITY OF FORT WORTH TARRANT COUNTY, TEXAS STORMWATER FACILITIES EASEMENT DESCRIPTION: An easement for Stormwater Facilities lying in and being a portion of TRACT ONE GREATER MOUNT LAND, as shown on the recorded Conveyance Plat of said tract, recorded as Instrument No. D215125826 of the Official Records of Tarrant County, Texas. Said easement being more particularly described as follows: Commencing at the Southeast corner of said TRACT ONE GREATER MOUNT LAND, being a point on the Northern right—of—way line of E. Berry Street, an existing public right—of—way; Thence, on the South line of said TRACT ONE GREATER MOUNT LAND and said right—of—way, on a curve to to the right having a radius of 867.20 feet, a chord bearing of North 66'0121" West, a chord distance of 95.27 feet, for an arc distance of 95.32 feet to the POINT OF BEGINNING; Thence, continuing on said curve, having a radius of 867.20 feet, a chord bearing of North 59'03'11" West, a chord distance of 115.57 feet, for an arc distance of 115.66 feet; Thence, leaving said line, North 35'43'27" East, a distance of 15.83 feet; Thence, North 89'44'27" East, a distance of 125.10 feet; Thence, South 25'48'17" West, a distance of 80.91 feet to the POINT OF BEGINNING. Containing an area of 5,606 square feet or 0.1287 acres, more or less. i I NOTES: 1. This easement was not monumented. 2. This drawing has been prepared and is submitted in connection with a Legal Description prepared by Red Plains Surveying Company titled EXHIBIT "B" — STORMWATER FACILITIES EASEMENT. J. The bearings shown hereon are based on the recorded Conveyance Plat of "TRACT ONE MOUNT TABOR LAND", Instrument No. D215125826, Offlical Records of Tarrant County, Texas. i EXHIBIT "A" STORMWATER FACILITIES EASEMENT RPS#N04135ADP DATE: JANUARY 2016 111(i�m ;��ED PT INS SURVEYING COMPANY HARVARD1917 S. AVENUE OKLAHOMA CITY, OK 73128 PHONE: (405) 603-7842 FAX: (405) 603-7852 EXHIBIT "B" W x M M 0 TRACT ONE a GREATER MOUNT TABOR LAND N to (INST. NO. D215125826) b 0 z N STORMWATER FACILITES EASEMENT \ (5,606 SQ. FT.) \\ (0.1287 ACRES) y 4 � s 7 h \ .20, � � Ch0`9r>S2p NOTES: GRAPHIC SCALE 1. This easement was not monumented. 0 20 40 80 2. This drawing has been prepared and is submitted -----in connection with a Legal Description prepared by Red Plains Surveying Company titled EXHIBIT "A" — STORMWATER FACILITIES EASEMENT. 1 inch = 40 feet J. The bearings shown hereon are based on the recorded Conveyance Plat of "TRACT ONE MOUNT EXHIBIT "B" TABOR LAND", Instrument No. D215125826, Offlical STORMWATER FACILITIES EASEMENT Records of Tarrant County, Texas. RPS#N04135ADP DATE: JANUARY 2016 IIIIIii�e��,,. WDPIAINS SURVEYING COMPANY 1917 S. HARVARD AVENUE I.P. - IRON PIN OKLAHOMA CITY, OK 73128 P.O.C. — POINT OF COMMENCEMENT PHONE: (405) 603-7842 P.O.B. — POINT OF BEGINNING FAX: (405) 603-7852 II a o f II [PLAN V EW \ Q` te- I +. S 11 \\ /i 10 �l 08 N N / \ \ O 0 \ o to• WIDE MIN. ` OR� EMERGENCY-6, U RE ST OVERIOW WEIR \ EXISPTNG \ `� NL p ELEV-611.30 CURB INLET \ \ \s H WA f m0 \ � r �- 10' WIDE MAINTENANCE ACCESS GRAPHIC SCALE 10% MAX. SLOPES ALONG TOP—OF—BANK — 15% MAX. SLOPES WITHIN TOP—OF—BANK 30 0 15 30 N 1 inch = 30 ft. SCALE 1"_30' DETENTION BASIN DETAILS DATE: 2/3/2016 �lr �11 BURKHARDT ENGINEERING E. BERRY STREET PLANNERS.CIVIL ENGINEERS•SURVEYORS Ey: R JM 28 N.Cherry man SI.• Gertown,ON 46327• Phone:937.38"" FORT WORTH, TARRANT COUNTY, TEXAS vnvw.Uurkhardthic.com PROD. NO. 7107 BASE DWG. 7107 TAB FILE Exhibit B EKH a T ''B=21,=21, C HOSE RECTWHS FAMILY DOLLAR PARKING E. BERRY STREET LOT PAVEMENT SIDEWALK AND PAVEMENT/CURB TOP—OF—BANK ki OF—BANK L �. � I � O w OUTLET STRUCTURE m = 18" STORM PIPE w � SIDEWALK FROM FAMILY DOLLAR PARKING LOT TO E. BERRY FAMILY DOLLAR STREET RIGHT—OF—WAY ACCESS DRIVE TOP—OF—BANK EMERGENCY OVERFLOW /().o'!'N' -� � 0 0 1.5� ��; 2.5% SECTION B-E sc&E: N/A DETENTION BASIN DETAILS BURKHARDT DATE:_2/3/2016 �[r MUM ENGINEERING pv E. BERRY STREET PLANNERS•CIVILENGINEERS.SURVEYORS B 1: R JM 218 N.Cherry St.• Gement—ji,OH 45327• Phone:937.31819-006 FORT WORTH, TARRANT COUNTY, TEXAS vww.hurkhardtlnc-com PROD. NO. 7107 BASE DWG. 7107 TAB FILE Exhibit 8 �� lJlJO �� II o o�ll LANIORC APE [PLAN - - - - -- - - - - - - - - - - - -- - - -- - - - - - - - -- - - ay SEEDING MIX GULF MUHLY �. DECOMPOSED GRANITE �y LACEBARK ELM (TYP) 3"CAL - LARGE CANOPY TREES GRAPHIC SCALE 30 0 15 30 TREE POSSUMHAW (TYP) N TEXAS RANGER 3 GAL (24"OC) 1 inch = 30 ft. scAl"F: 1"-30' DETENTION BASIN DETAILS.. - �lrBURKHARDT DATE: 2/3/2016 ENGINEERING BY: RJM E. BERRY STREET PLANNERS•CIVIL ENGINEERS SURVEYORS FORT WORTH, TARRANT COUNTY, TEXAS 29 N.Cherry St. Geimnn.wn•ON45327• Mow937-3RAlg6 vnvw.bu rldtarJtlnc.mm PRQJ. N0. 7107 BASE DW(;. 7107 TAB FlLE Exhibit B 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 8 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 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.09/10/2012 Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.09/10/2012