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HomeMy WebLinkAboutContract 48226 CITY SECRETARY DOE # 7364 CONTRACT ° STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 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 6 acre tract located in the A. Roberts Survey, Abstract 1262 Tarrant County, Texas according to the deed recorded in Volume 388-T Page 39 , 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 Lake Crest Estates 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 ade4aately—r ar�intaine by the OFFICIAL 19ECORD CIT` EEcRETA STORMWATER FACILITY MAINTENANCE AGREEMENT 1'� �° ty �G �TX Rev. 12/29/2014 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 oblilzation 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.12/2912014 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 day of C 20AK- Landowner City of Fort Worth Z,/�, Name: Assistant City Manager v Title: i���►'� ��y Approved as to Form and Legality Assistant City Attorney lt(' N Zcdw ATTEST 4y� Kartl $ ©0 ® t v,4 OFFICIAL RE]TX CITY SECRE ReORM 9A2 14 FACILITY MAINTENANCE AGREEMENT FT.�g®R�� rJ STATE OF TEXAS § COUNTY OF TARRANT § eSVS J. CAThis instrument was acknowledged before me on by FQr ��ta, Assistant City Manager of the City of Fort Wort , on behalf of the City of Fort Worth. @q� luuui' LINDA M. HIRRLINGER _ =Notary Public,State of Texas Comm.Expires 02-02-2018 Notary Public, State of Texas Notary ID 12414474-6 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this aQ, ' day of 20 klq personally appeared �Sc�cs� C_ known to me to & the rson whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of cnp (j , and that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. "&a-,,.KIMBERLY DAWN LOADMAN No ary P lic, State of Texas `?' Notary Public a, ' STATE OF TEXAS My Comm.Exp.May 27,2018 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 EXHIBIT "A" LEGAL DESCRIPTION Storm Water Detention Facility LOT 8 BLOCK AA LAKE CREST ESTATES City of Fort Worth, Tarrant County, Texas FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE A. ROBERTS SURVEY, ABSTRACT NO. 1262, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF BLOCK A, LAKE CREST ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-T, PAGE 9, PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE EAST LINE OF SAID BLOCK A AND THE WEST RIGHT-OF-WAY LINE OF AN ASPHALT SURFACE UNDER APPARENT PUBLIC USE POSTED AS SETH BARWISE STREET, FROM WHICH A 5/8" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID BLOCK A BEARS NORTH 00°04'48" WEST A DISTANCE OF 17.87; THENCE SOUTH 00004'48" EAST WITH THE EAST LINE OF SAID BLOCK A, A DISTANCE OF 114.84' TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TACT; THENCE SOUTH 89055'12" WEST, SEVERING SAID BLOCK A, A DISTANCE OF 245.79' TO A POINT FOR CORNER FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 00003'45" EAST A DISTANCE OF 124.68' TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 89053'00" EAST A DISTANCE OF 235.48' TO A POINT FOR CORNER; THENCE SOUTH 45005'54" WEST A DISTANCE OF 14.14' TO THE POINT OF BEGINNING AND ENCLOSING 0.702 OF AN ACRE OF LAND, MORE OR LESS. FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE A.ROBERTS SURVEY,ABSTRACT NO.1262,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,AND BEING A PORTION OF BLOCK A,LAKE CREST ESTATES,UNIT NO.1,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-T, PAGE 9,PLAT RECORDS OF TARRANT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE EAST LINE OF SAID BLOCK A AND THE WEST RIGHT-OF-WAY LINE OF SETH BARWISE STREET,FROM WHICH A 5/8" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID BLOCK A BEARS NORTH 00°04'48"WEST A DISTANCE OF 17.87; THENCE SOUTH 00°04'48"EAST WITH THE EAST LINE OF SAID BLOCK A,A DISTANCE OF 114.84'TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 89`55'12"WEST,SEVERING SAID BLOCK A,A DISTANCE OF 245.79'TO A POINT FOR CORNER FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 00°03'45"EAST A DISTANCE OF 124.68'TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; - THENCE NORTH 89°53'00"EAST A DISTANCE OF 235.48'TO A POINT FOR CORNER; THENCE SOUTH 45°05'54"WEST A DISTANCE OF 14.14'TO THE POINT OF BEGINNING AND ENCLOSING 0.702 OF AN ACRE OF LAND,MORE OR LESS. W.J . BOAZ ROAD (±21 ' ASPHALT SURFACE) N8905310011E 235.4B1 5/8" IRF __ _ _ _ _ _ N00'04'48W 17.87' r 10'PERMiWENT EASEMENT 0 PER INSTRUMENT M. D20"013D8 N 4 5°0 515 4°WM t0 � 14. 14� m �� r� �' _ VI T N I 0.702 ACRES " PROPOSED >D WI CJS 1h LOT 8 W =�] In I ,vU BLOCK AA - DETENTION POND EASEMENT c O I �4�`'` 4 n m n U] 0 I 0 v� Z I SB9°5511 211W 245.791 (n m PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 I I I I N E OF TF i `P�G s T ERF {9\ BOUNDARY EXHIBIT . . . . . . . .. . . . .. DATE: 08-20-2015 J.E. THOMPSON > SCALE 1" = 50' DRAWN BY: T.A.R. ���, 4857 �/ CHECKED BY: J.E.T. �9'Gp e s s °F �/ so rA merica.n rveying CERTIFICATION: I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON-THE-GROUND SURVEY OF THE PHONE:940-665-9105 PREMISES DEPICTED HEREON AND DESCRIBED AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY SUPERVISION ON 09-18-2013 AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE FAX:940-665-9106 TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. 301 W.BROADWAY ST. 'A1� GAINESVILLE,TX 76240 J.E. THOMPSON R.P.L.S.N°4857 JOB#130396 LOT 8 EX I 7 EXHIBIT "B" Design Plan - Specifications Q a ea pg^ a a�° a a Eo 'p"o un �> ^6g9°° y $=a o ^`= E p .S gt"° '_^ P-°zm ?coo .f „�.` £�;: a"'a'�a€ >s$ �� ;^ 9=P 5 �0 £o,a o=°IR ° �� _ ° p mss. _ £ � a €�"_� s$ £w a°` =oo" " a €` i' " ;°" a s a v z - �.£g€ s. a^ °aim 6Aasam baa^^ �_ °_ >_ s §^° . a�= � �`E£�o 5s =ge "no! mgt r �9r .� ">°q jun I„ Q ° a Y NMI I-': " _� �g 8"N = ci s 'oilflu! l base ' SRI SH11 p e gig« N, a AI �>'�" Eau ^� € >_ ^R $ QsN jQ 0, Fa �^ er° I q��a a s ^ €a«a p�:�g a&tea aS'� jin INN '�" P°�a �s€in 10HUH, €oy £ 111 01 z €R* tom; �__�§^§«°=q oma 0 VIM _ °Soho gun UH gHl,vE'o - 4 : �S®£ m^ag s°amo mp°s _�_ - �: oL, s°a°' _�> 'eml°� soo: -o ° a o�aoga ?Ag °b. �a . me= €€o et'£a o �_� €e" °fir. 09 a 'o= dao p 9` a WHIP ^� oa>� ='^°agum ««>"p p HH, vHnInj q`°'=° WI 1" £`- ,P IN!- a OHM, €� z;° ago^�y.,•,,,_ £ = €a� M £ p1H" g baa>= ^ as ! ag =gp; _ `°°�; °ore °gig° WHICH y H ��� �� �m °=P£na= ,^� £" gig"= "° ac., n� s���£�= op^�o� '�o�€=m _ oral _ = =o £ _ 'sip 9 ° y� m ;nao^1a* 50 o=o �c>�e�oonLE-a�€, FFo �A�^�� Inn ilal? s p sm � _ smu a« _��_«„„° a� § ini! ° £ ,�m9° P€^pia o a�= 3 o gnul �;a� in U ��7^^3=£V£ �£ o"�” €H Be! £^^g°, o € _£ c r,` a =€ €�m€a€ 4. poi INU pram r= €^^ >�-;° € a 3-� g �:>p> a ° _ ms" E _ OHMS �« pay asp" ���'���'� £^ £A. ° Via££ OHMS §£ ^ €2 T= £`' a-'° � b � �'£2 1 e➢ � g "1°=E'�� ��nsa Annul,� �� �° °f^°� �° Baa^�= sao ��9��` as� , ���A€ts �� - �° �T€ia=� ^' =�fIN111`<ose �"ab� o€ m 5p >°a - ° i �2A €$ $ a= o�^€o" s zz ��3°'m' q"; s� °' o a 3"g ' = e"a=°m st^ £s� POsa $�� �^ Ag« o anon Ag ;a5.p � �� s y��o=� „�E � T � 'T�s' `gym o� ^Rso S as nq Pup NMIRa --------------- ovoa sla3eoa-Hvwmos `I �Fa t' a I ~ n«Y «.argy31 I K u t s.Kn«Y rxK I 1 KKa«T rr�I « sf�4 ra w rxw I i v ae t a rt rxw I (ZII I rarer I ° � g I g poi” I ,�o P 1n Wit kl M r K C k IY P kl t-' L�/ n 4s'w to Etta bz s3 n 5F' I@ D ei py K.rael. e�ae" m s TAY gamid l ' vKnrF m'�� sr i K /I .ate I y 1 r 06 INS •'r I I -. �T. ^„1 '�' I to K yL *` IPS / a" !t 1 5F• - \ wxr Ae I 1 �K It G 133a10 301MaV0 H139 maa"'$gp� gg� lld6 $ FF >� paarmj =� 3-� bR � �, 5 �2 v o r UPIar msophxb8�e ';R �F 3 c § � z Drr nn> Fyg� onon 5 nut t�g55s'������ z.In s I I °Eea�.i aN ��_ s "° �a� �•n' 7 a§ u cs�no mmmAmr i =�" Gc I 3] §. -�•Z F � "�� '� �, `c Ra • Dmm m� � ��agpso� IIII�I� I � � N�nnn� 3� D e�€ Ems -yi�x� v "a _____—Ism o a p m o an, 1 Y 1 P. — ♦CI@ �B/7� v � 1 / o 0 li A im I- O B 1 1 N y `az-g�� 0 0 _� 3 3 - -919- Gm -'� p - #l@--' m m 'r cfl 9 ' G —i— ------- II I 1 C1 AI 18----- m 1 1 It r 1 m n u n r � 01 ,ZIB______ a n m y Dm i a UNC m m a0 K z - z ti z o n Y 0 a ml o n l i i XII o nO co (( 17t t.2i v A IOt00 --------- Xi� s$ R z j�o Ug - In HS B o`s a Ori in_AZ >cZ �5E � m8o�3R A II W mD� C as �Nu 03 c"W c" m c.. r x ? N o n 686x@ g.'6 Lnn cl ' A x 0 Fe,"W s�'sa "sy6"se'"pg' WRQ Gg=3 E�'a -ems A eA D D r z nio B7s�a GSV; 6i 0- 9 ail n •tio �'m �� d� e3 em3 3� O 32 v. 4 nve G 'fin 3 It gra D 0 -��k s i ciog $ga 1 gH Y 33 ur PpOJE T NAME: $ R v 1 aei BEET TITHE 1102-1,-AYGME �-' } ' DETEN77ON POND -E,4— 1 CREST DALAS•T\15201 972-SM-1 IN(Otr,q l ESWTOAR ,ETESXS CIVIL POINTPLAN&CALCULATIONS FORT771, yRfiR-6RZ-8129 ox TOPE Fum#:9-21 �. l 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.12129/2014