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Home My WebLink AboutContract 48798� � << ;;' R�c�nrEo e ,j MAR-62i1i7 v '' �ITY o� F'OR7 WOP.7. ,�E # CITYSECR�T�,�� STORMWATER FACILITY MAINTENANCE AGREEMENT cm►�� '71� CONTRACT N0, THIS AGREEMENT, made and entered into this day of �/ ��"��1 '' , �l �, by and between ar�' ; 4 i�u�t (�� L�,L , acting by and through ��r-� r�� J.,`' :`� �,. � � - , 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 1.539-acre tract located in the E.S. Harris Survey, Abstract Number 688 and the Adolph Gouhenaut Survey, Abstract Number 612, and being part of a 4.271-acre tract of land conveyed to Tandy MOB, LLC according to Deed thereof recorded in County Clerk File Number D207120132, Deed Records, Tarrant County, Texas, said tract being the same conveyed to Tandy Corporation by Deed thereof recorded in Volume 6065, Page 247 of said Deed Records, the same tract also being Lot 1, Block 1, Tancor Addition #2, an addition to the City of Fort Worth, Tarrant County, Texas according to the Plat thereof recorded in Volume 388-67, Page 14, Plat 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 Windsor Place Storage 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 12/29/2014 OFFICIAI. REC4R� cir9r s��a�r�a��r FT. Vlld�"r'H� i7( 1 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 Ciry 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 Sormwater 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 E�ibit "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 quantiry and quality of the Stormwater. Adequate maintenance is herein deimed as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as E�chibit "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 STORMWATER FACILITY MAINTENANCEAGREEMEPft 2 Rev. 12/29l2014 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 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 goad 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 deiiciencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is egpressly 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 constraed 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 STORNiWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 12/29/2014 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 ;1, �: y ' �',1' '' • LIi �/�I_' 1 / . � �� 1 : : __ AND DOES HEREBY INDEM1vIFY, HOLD HARMLESS AND DEFEND 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 c!o 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 fmished 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 STORMWATER FACILITY MAINTENANCE AGREEMEM' Rev. 12l29/2014 4 on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. [SIGNA'1`LJRE PAGE FOLLOWS] ,s Executed this � day of -- 2017. Landowner: TANDY MOB, LLC. ;� P�� _____ \:�,� �,,�, . Name: Mr. John J. �iorkus, Jr. Title: President and Manager City of Fort Worth � �_ C�s� .�C�� . Assistant City Manager Approved as to Form and Legality . ,� (�%- ',y l/�,;"� .� ,,�1%�, ; �Assistant City Attorney ATTEST � __--�.� OFFICIAL 6t@CORD CITY SECRETARY �"�'. �IIORTH, TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �—� � Date: � , D. J. Harrell Development Services Administrator CiFFiC1AL RE�OR� CI'ilf �EC�tETARY FT. U��ltTH, iC STATE OF TEXAS § COUNTY OF TARItANT § �,� GS � 's instrument was acknowledged before me on � by a, Assistant City Manager of the City of Fort Vorth, on behalf of the City Of Fort Worth. H�..N. a��4, _ � ° MARIA S SANCHEZ My Commission Expires � � � s�.,� �, ,,.•5 oecember ts, zot7 ot y Public, State of Texas STATE OF TEXAS § COUNTY OF HARRIS § G�� Before me, the undersigned authority on this !� day of � t� , 2017, personally appeared �p�p) J`. � c'(�.S �} (Z , known to me o be the person whose name is subscribed to the fore oing ins ment and acknowledged to me that the same ' the ct of � `�1 . (' (�, , and that he executed the same as its� S� f G and as th act of such �� j(�,y,t,� ��(,�,�, (� Q and for the purposes and co sideratio expressed in the foregoing instrumen� � ��t� � �i� , � � , f�� '��,,'� Notary Public, tate of Texas i ' ,, ,�� ,� �_. , , '' �'� � , �', , �FFICIAB. R�C�Rp CITY S�CR�TARI� FT. �'1t11RiF�� 'X EXHIBIT "A" PROPOSED DETENTION EASEMENT 0.303 ACRES (13,214 SQUARE FEET) SITUATED IN THE E.S. HARRIS SURVEY, ABSTRACT N0. 688 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.3030—acre tract or parcel of land situated in the E.S. Harris Survey, Abstract Number 688, Tarrant County, Texas and being part of a called 4.271—acre tract of land conveyed to Tandy MOB, LLC by Deed thereof recorded in County Clerk File Number D207120132, Deed Records, Tarrant County, Texas, said tract being the same conveyed to Tandy Corporation by Deed thereof recorded in Volume 6065, Page 247 of said Deed Records, the same tract also being Lot 1, Block 1, Tancor Addition #2, an addition to the City of Fort Worth, Tarrant County, Texas according to the Plat thereof recorded in Volume 388-67, Page 14, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a five—eighths inch capped iron rod found for corner stamped "BHB INC," said point being in the northeast line of a said Lot 1, Block 1, said point also being in the southwest right—of—way line of the Fort Worth & Western Railroad Company line; THENCE North 31 degrees 56 minutes 27 seconds West, following said common line, a total distance of 173.61 feet to a point for corner, said point being the POINT OF BEGINNING; THENCE departing said common line, over and across said Lot 1, Block 1 the following courses and distances; DUE WEST, a total distance of 80.70 feet to a point for corner; DUE SOUTH, a total distance of 145.79 feet to a point for corner; DUE WEST, a total distance of 26.92 feet to a point for corner; DUE NORTH, a total distance of 318.42 feet to a five—eighths inch capped iron rod set for corner stamped "BGE", said point being in said common line; THENCE South 31 degrees 56 minutes 27 seconds East, following said common line, a total distance of 203.43 feet to a point for corner, said point also being the POINT OF BEGINNING and containing a total area of 0.303 acres (13214.20 square feet) of land. Bearing orientation is based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. I, the undersigned, hereby certify that this Boundary Survey and field notes represent an actual and accurate survey on the ground and that the corner monuments shown therein were properly placed and found under my supervision in accordance with Texas Society of Professional Surveyors Category 1A, Condition II, and that there are no conflicts or protrusions EXCEPT as shown. Dated this the 3rd day of January, 2017. �� F.��nFa• �S 1 � �l .1r I � � . /� � � ��la�Zi"'�y1 M1 ...............J... DAVID F. McCULLAH ' YA �4023��;' � DAVID F. McCULLAH, RPLS N0. 4023 9'�O;ess�o`::o� BGE, INC. �� suR��y 2595 DALLAS PARKWAY, SUITE 204 FRISCO, TEXAS 75034 TELEPHONE: (972) 464-4800 . \ 5 " \ �8 DETENTION ESMT. 0.303 ACRES (13.214 SQ. FT.) � LOT 1. BLOCK 1 TANCOR ADDITION �2 VOL 388-67. PG. 14 P.R.T.C.T. 1 � `� TANDY MOB� LLC �, INST. N0. D207120131 0 D.R.T.C.T. CIRF � 1 Y 0 50 100 GRAPHIC SCALE IN U.� SURVEY FEET A EXHIBIT "�" 26.92' E.S. HARRIS SURVEY � ABSTRACT N0. 688 ADOLPH GOUHENAUT SURVEY, ABSTRACT N0. 612 I, the undersigned, hereby certify that this Boundary Survey and field notes represent an actual and accurate survey on the ground and that the corner monuments shown therein were properly placed and found under my supervision in accordance with Texas Society of Professional Surveyors Category 1A, Condition II, and that there are no conflicts or protrusions EXCEPT as shown. Dated this the 3rd day of January, 2017. LEGEND CIRF CAPPED IRON ROD FOUND D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS P.O.B. POINT OF BEGINNING `;�•'��RFo �s � _ /�� /',, . * �i�<t�-v-�.-r.�/ �' . I"�l Gi��/.� ,� ...............:�.. DAVID F. McCULLAH ;••••••••'••••••s' DAVID F. McCULLAH, RPLS N0. 4023 •A 4023 q'�O;ess+o`:'o� BGE, INC. �� suR�Ey 2595 DALLAS PARKWAY, SUITE 204 FRISCO, TEXAS 75034 TELEPHONE: (972) 464-4800 1�1HC aC a6o� ' i-_Fu a ��/� _ a�o/�L 'io o..� �a oE o,� -.,��—...r�.. _ 1�Ii�No' cC afioc �alS�Ef` a no� !A J �i�z o�� da�' m�� N m �ti.z -_ ��- -`_J-'�I`' .n�--a: ---��- � �� 8� S�o� � c� -- _ LL.s�_.� _ _ -______ J __� _ ^ . �______ ______ _____ J aA , � �' - `t `- ,.3� d�zom' - � . � �°o go�mm � g° �� °� �y--L � m°� I� \ \\ N do ` � — — — —\ \\ - �� aQ�i �\ � ez ` � \ \� � \ �?N \ � � ) /ij/ � � \ \ � \ / a 3 \ \\ \ =�, \\\\rye� \ c� � 6�`� Z <a�N- ��, l C� „ O� � m u/a LG � ZC��.OZILOZ� qwrn� 1�. 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B+,BI I?1Y15Ni .n ooroow rois � OS 0'99i Z� 5 II I � i �� 4, „i I 8mll I N I WLL�35 OH3 mMYl1 : I op I 15N0� I - V-� 00'OMI . 15 } I O � M r� N N O � p (O t0 c0 t0 (O (D � m� oN a — N � �: �I � o � - o < 1 • _ � -_ � a' X - y SO � p�a `��v wa� =a< �w�o' § _;�o- ��a � X tW- T =Z H� p O y 3�� 0¢~ ¢ ¢ O ¢ F} U a � a 0 z Vi ¢z 0 a� m � Q _ � m ¢ w I � a x�N w � O � � Z �Q • • •- •- •' . - , !- -. � . � . . - . 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 shauld 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 AGREEMEM' $ Rev. 12/29/2014 �.'yilj• � Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings �olations Noted MINOR INSPECTION Condition of Pond Amount of silt in ond Amount of si(t 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 Qualit Structure Structure type and Condition Conditian of Rip- Rap STORMWATER FACILITY MAIrlfENANCE AGREEMEM" Rev. 12/29/2014 Condition of filtration s stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILffY MAINTENANCE AGREEMENT Rev. 12/292014 � �