HomeMy WebLinkAboutContract 47947 CITY SECRETAW
DOE # 00NITRACT NO. LL]
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT made and entered into this day of ,
/S✓, by and between Triple Braswell, LLC acting by and through
Gary Stein , 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 49.443 acre tract located in the Seburn Gilmore Survey, Abstract
590 , Tarrant County, Texas as recorded in County Clerk's Documents D212318059,
D213089821, D213079323 and D212164669, 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 New Facility — Intsel Building
Development 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
1, OFFICIAL RECORD
CITY SECRETARY
�R
51 FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 1
Rev. 12/29/2014
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
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 12/29/2014
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
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 the Property. 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 12/29/2014
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES")
FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES,
DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER
ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES
ARISING, OR WHICH MIGHT ARISE, FROM (A) THE FAILURE OF
LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF
THE DETENTION POND; (B) 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;
AND (C) THE FAILURE OF LANDOWNER 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.12/29/2014
[SIGNATURE PAGE FOLLOWS]
Executed this day of 20�.
Landow r City of Fort Worth
01
ame: __a n J F3uS CH (�1�
Assistant City Manager
Title:
Approved as to Form and Legality
Assistant City Attorney 41ZTU,4(C N Ammo -
ATTEST
F ORS'
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rty SecreWy $ °�
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1N0 M&C REQUIRED �
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev. 12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on tllikA- 3x1,s?Q I by
jt�(cS CI+Ao� Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
LINDA M. HIRRLINGER �p
0
4'pY PV�1-1
i lig
;_: :Notary Public,State of Texas
sa�:: T Comm.Expires 02-02-2018Notary Public, State of Texas
Notary ID 12414474-6
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned authority on this day of
o 20�', personally appeared
A W 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
UJ, -f-1,rl , and that he executed the same as its
and as the act of such and for the urposes and
consideration expressed in the foregoing instrume
CHRIS G. CHAVEZ No ary v Public, State of Te
_•: y=Notary Public,state of Texas
My Commission Expires
�''•;;Io���,`.�r WOW 31, 2017
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
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EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMW'ATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
EXHIBIT"A"
VARIABLE WIDTH PRIVATE DETENTION EASEMENT
PROPERTY DESCRIPTION
5.670 acres of land situated in the Seburn Gilmore Survey, Abstract No. 590, City of Fort Worth,
Tarrant County,Texas,being a portion of tracts of land conveyed to Triple-S Braswell,LLC,a Texas
Limited Liability Company as recorded in County Clerk's Document No. D212318059 and
Document No.D213079323,Deed Records of Tarrant County,Texas and a portion of a tract of land
conveyed to Land Renewal Corporation as recorded in County Clerk's Document No.D212164669,
Deed Records of Tarrant County, Texas, said 5.670 acres also being a portion of proposed Lot 1,
Block 1, Steel One Industrial Park, said 5.670 acres of land being more particularly described by
metes and bounds as follows:
COMMENCING at a 7/8 inch pipe found in the easterly R.O.W.line of Braswell Street(60'R.O.W.)
at the northwest corner of the aforementioned Triple-S Braswell, LLC tract of land recorded in
County Clerk's Document No. D212318059 and the southwest corner of Block 5, High Crest
Addition an addition to the City of Fort Worth,Tarrant County,Texas,as recorded in Volume 1964,
Page 209, Plat Records of Tarrant County, Texas;
THENCE N 89 Degrees 57 Minutes 00 Seconds E,along the south line of said High Crest Addition,
a distance of 1391.65 feet to the BEGINNING of the hereinafter described tract of land;
THENCE N 89 Degrees 57 Minutes 00 Seconds E, continuing along the south line of said High
Crest Addition, passing the southeast corner of said addition and continuing along the south line of
a tract of land conveyed to PRR, Inc., as recorded in Volume 11125, Page 2048,Deed Records of
Tarrant County,Texas, a distance of 802.15 feet to the westerly R.O.W. line of the Union Pacific
Railroad R.O.W. at the beginning of a non-tangent curve to the right with a radius of 1352.50 feet
and whose long chord bears S 27 Degrees 37 Minutes 52 Seconds W, 617.92 feet;
THENCE Southwesterly along said curve, through a central angle of 26 Degrees 24 Minutes 37
Seconds, an arc distance of 623.43 feet to the end of said curve and the beginning of a non-tangent
curve to the right with a radius of 512.47 feet and whose long chord bears N 63 Degrees 19 Minutes
46 Seconds W, 52.42 feet;
THENCE Northwesterly along said curve, through a central angle of 05 Degrees 51 Minutes 49
Seconds, an arc distance of 52.45 feet to the end of said curve and the beginning of a non-tangent
curve to the right with a radius of 465.18 feet and whose long chord bears S 66 Degrees 44 Minutes
27 Seconds W, 380.63 feet;
THENCE Southwesterly along said curve, through a central angle of 48 Degrees 17 Minutes 58
Seconds, an arc distance of 392.14 feet to the end of said curve;
THENCE N 89 Degrees 06 Minutes 34 Seconds W, a distance of 26.51 feet;
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev.09/10/2012
THENCE North, a distance of 25.00 feet;
THENCE N 89 Degrees 34 Minutes 47 Seconds E, a distance of 22.43 feet to the beginning of a
curve to the left with a radius of 43 5.00 feet and whose long chord bears N 65 Degrees 41 Minutes
42 Seconds E, 352.26 feet;
THENCE Northeasterly along said curve, through a central angle of 47 Degrees 46 Minutes 09
Seconds,an arc distance of 362.67 feet to the end of said curve and the beginning of a non-tangent
curve to the right with a radius of 512.47 feet and whose long chord bears N 27 Degrees 48 Minutes
41 Seconds W,485.62 feet;
THENCE Northwesterly along said curve, through a central angle of 56 Degrees 33 Minutes 48
Seconds, an arc distance of 505.92 feet to the end of said curve;
THENCE N 85 Degrees 46 Minutes 20 Seconds W, a distance of 212.93 feet;
THENCE N 02 Degrees 54 Minutes 23 Seconds E, a distance of 57.81 feet to the PLACE OF
BEGINNING and containing 5.670 acres of land.
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Drainage Easement with even date. '
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012
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CONFIDENTIAL AND PROPRIETARY A
Copyright 2015 EIKON Consultant Group LLC.
All rights reserved -do not duplicate without permission. 08-17-15
SITE LAYOUT DATE:08-17-15
EK O INTSEL SITE DEVELOPMENT
1 EXHIBIT
Texas Firm F-12759 2950 BRASWELL
1405 W.Chapman Dr. Phone(940)458-7503 B 1
SnIProj et#131s 76266 Fax(.eiko cg.w 7 FORT WORTH, TEXAS
Project#13192 www.eikoncg.com
EMERGENCY SPILLWAY ELEV. 609.6
MAX. WSE 608.6
DETENTION POND SECTION A-A
J — 4
" PIPES
2 — 4" PIPES
---
STORM RAX STRUCTURES CONCRETE PAVING
2 4 PIPES
ENERGY DISSIPATORS
F p'6,III
2 ,
DETENTION POND OUTFALL DETAIL
NOT TO SCALE
0 :
00 .W
........... ..*. ...........
THYRIYA H.KENNEDY
................ ......
9824
CONFIDENTIAL AND PROPRIETARY A
Copyright 2015 EIKON Consultant Group LLC.
All rights reserved -do not duplicate without permission. 019-17-15
" K(3 SITE LAYOUT DATE:08-17-15
1INTSEL SITE DEVELOPMENTIEI
Texas Firm F-12759 2950 BRASVTELL EXHIBIT
1405 W.Chapman Dr. Phone(940)458-7503 B2
Sanger,Texas 76266 Fax(940)458-7417 TEXAS
Project#13 192 www.eikoncg.com FORT WORTH,
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
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
ward
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Ra
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