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Home My WebLink AboutContract 48799' � �, _r ;-'=:�g�� I �� DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT �� C�� canirRncr t�v, � � , THIS AGREEMENT, made and entered into this day of �� :i�� ' � �� , by and between Tandy MOB, LLC, acting by and through Mr. John J. Norkus, Jr., hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WI�REAS, the Landowner is the owner of certain real property described as Lot 1R2, Block 1 of an approximately 4.271 acre tract located in the E.S. Harris Survey, Abstract No. 688 and Adolph Gouhenaut Survey, Abstract No. 612, Tarrant County, Texas according to the deed recorded in Volume 388-67, Page 14 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 Drainage Improvements to Serve Windsor Place Remainder Tract hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landow�ier provides for management of Stormwater within the confines of the Property; and W��REAS, 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 �FFI�IAL RECORD C�TY SECRETARY FT• 1�EORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 12/29J2014 c:\users\hp6460b1appdata\IocaRtemplstortn water facility maintenance agreement no home owners assn-i.doc 1 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 vegeta.tion 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 E�ibit "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 c:\usersljnorkusWppdatallocallmicrosoft\windows\temporary intemet fileslcontentie5\fi48htrz\storm water facility maintenance agreement no home owners assn.doc 3. The Landowner, its successars 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 whateve'r 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 12/29/2014 c:lusersljnorkuslappdataVocallmiaosoft\windows\temporary i�ternet fileslcontentie55fi48ht¢\storm water facility maintenance agreement no home owners assn.doc 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 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 SANKS 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 ruruiing 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. 12129l2014 c:\usersljnorkuslappdataUocallmicrosoft\windowsltemporary internet files\contentie51fi48htrz\storm water facility maintenance agreement �o home owners assn.doc [SIGNATURE PAGE FOLLOWS] i Executed this ��ay of� ��,� G'��0 �� Landowner: TANDY MOB, LLC Citv of Fort Worth - ,-- �,, �- � � � -�--� � � ,,.�-t, %'` ,�1 � = Name: Mr. John �Norkus. Jr.� ' ��uS�•�� :�ssistant City Manager Title: President and Manager Approved as to Form and Legality , � � � �� ' � L� Lt ( � ��' �--�- `�Assi'stant City tt�y OFFICIAL RECORD CITY S�CRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 12l29/2014 c:\users1hp6460b\appdata\local\templstorm water facility maintenance agreement no home owners assn-1.doc 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: � '7 D. J. Harrell Development Services Administrator ��F�CIAL RECORp CI7'Y S��R�T�RY �: wr�Rr�, rx I STATE OF TEXAS COUNTY OF TARRANT § ��5 � 's instru.ment was acknowledged before me on �p �% by ta, Assistant City Manager of the City of Fort � orth, on behalf of the City of Fort Worth. - � i MARIA S SANCHEZ �I My Commission Expires No Public, State of Texas December 19, 2017 STATE OF TEXAS COUNTY OF HARRIS § � �Before me, the undersigned authority on this �— day of �1 �� .�'�(�t�� , 2017, personally appeared �S J . �lV v �' I � � � � known to me o be the person whose name is subscribed to the foregoing ins ment and acknowledged to me that the same is the act of SQ h Y1 �T, ,�,i �� I(,� j, J(l . , nd that he executed the same as its � c'f�, i,�:�,r,fi �t �,� ��l��tr ;U �� i� and as e act of such ��i i�`t nt ,,� � y�(,t i� f�(` and for the purposes and c sideration exrressed in the foregoing instrument. � � � ��. ; i� � a . i otary Public, State of Texas ,, \-, I � �''. ,.. , �FFfCIqL RECO�� c�r�r s�c��r�Rv 1�7'. i�+dD�tr�1, 7'x I EXHIBIT "A" PROPOSED DETENTION EASEMENT 0.8648 ACRES (36,372 SQUARE FEET) SITUATED IN THE E.S. HARRIS SURVEY, ABSTRACT N0. 688 & ADOLPH GOUHENAUT SURVEY, ABSTRACT N0. 612 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.8648—acre tract or parcel of land situated in the E.S. Harris Survey, Abstract Number 688, and the Adolph Gouhenaut Survey, Abstract Number 612, 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: BEGINNING at a five—eighths inch capped iron rod found for corner stamped `�HB INC," said point being the southwest corner of said Lot 1, Block 1, said point also being in the north right—of—way line of wndsor Place (a 60—foot right—of—way); THENCE North 00 degrees 18 minutes 00 seconds West, departing said north right—of—way line and following the west line of said Lot 1, Block 1, a total distance of 442.74 feet to a point for corner; THENCE North 89 degrees 42 minutes 01 seconds East, departing the west line of said Lot 1, Block 1, a total distance of 7.40 feet to a point for corner; THENCE North 00 degrees 18 minutes 00 seconds West, a total distance of 173.38 feet to a point for corner, said point being in the northwest line of said Lot 1, Block 1; THENCE North 54 degrees 20 minutes 00 seconds East, following said northwest line, a total distance of 72.60 feet to a�ve—eighths inch capped iron rod found for corner stamped `�HB INC," said point being the most northerly corner of said Lot 1, Block 1, said point being in the southwest right—of—way line of the Fort Worth & Western Railroad; THENCE South 41 degrees 23 minutes 00 seconds East, following the northeast line of said Lot 1, Block 1 and of said Railroad, a total distance of 13.80 feet to a flve—eighths inch capped iron rod found for corner stamped "HHB INC," said point being the beginning of a curve to the right; THENCE in a southeasterly direction, following said common line and along said curve to the right, having a central angle of 11 degrees 17 minutes 51 seconds, a radius of 593.36 feet, and a chord bearing and distance of South 38 degrees 17 minutes 46 seconds East, 116.81 feet, a total arc length of 117.00 feet to a five—eighths inch capped iron rod found for corner stamped `�HB INC'; THENCE South 31 degrees 56 minutes 27 seconds East, continuing along said common line, a total distance of 103.26 feet to a point for corner; THENCE Due South, departing said common line, a total distance of 25.04 feet to a point for corner; THENCE South 89 degrees 42 minutes 02 seconds West, a total distance of 181.72 feet to a point for corner; THENCE South 00 degrees 18 minutes 00 seconds East, a total distance of 442.85 feet to a point for corner, said point being in the south line of said Lot 1, Block 1, said point also being in said north right—of—way line of Windsor Place; (continued) � BGE, i��. ,�p,� E'� F TF�" e �� .��G\STER�•O�-qs, �. � .� � DAVID �F � McCULLAH . ; ...........Z.....: e_A_ 4�ZJ ..? �� :��1 e��e SUR�� G�.' �� DAVID F. McCULLAH, RPLS N0. 4023 BGE, INC. 2595 DALLAS PARKWAY, SUITE 204 FRISCO, TEXAS 75034 TELEPHONE: (972) 464-4800 EXHIBIT "A" (CONT'D) PROPOSED DETENTION EASEMENT 0.8648 ACRES (37,672 SQUARE FEET) SITUATED IN THE E.S. HARRIS SURVEY, ABSTRACT N0. 688 & ADOLPH GOUHENAUT SURVEY, ABSTRACT N0. 612 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS (continued from previous) THENCE Due West, following said common line, a total distance of 20.00 feet to a five—eighths inch capped iron rod found for corner stamped "BHB INC," said point also being the POINT OF BEGINNING and containing a total area of 0.8648 acres (37,671.75 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. ��P.� E�0 F :� • ��STERF'rqS �• � •� e � • � DAVID �F � McCULLAH � . ; .................�.. eA 4023 ,,,� .��pa p. o 1,9�� S U R � E� � �� t�` �.�� DAVID F. McCULLAH, RPLS N0. 4023 BGE, INC. 2595 DALLAS PARKWAY, SUITE 204 FRISCO, TEXAS 75034 TELEPHONE: (972) 464-4800 L�� W : O O ao r 0 0 � CURVE TABLE �� NUMBER DELTA RADIUS ARC LENGTH CHORD BEARING CHORO DISTANCE 5�� CIR C� 1177'S1" 593.36' 117.00' S 3897'46" E 116.81' 1 _ �„ CIRF 89'42'02" W 181.72' DETEN110N dr DRAINAGE ESMT. 0.8648 ACRES (37,672 SQ. FT.) TANDY MOB. LLC EXHIBIT ��B�� INST. N0. D207120131 D.R.T.C.T. ► � UNE TABLE O I NUMBER BEARING DISTANCE I ��(' � U N 89'42�01" E 7.40' I -L4 � I L2 S 4173'00" E 13.80� �+ L3 S 31'S6'27" E f03.26' � LOT 1. BLOCK 1 TANCOR ADDITION �2 VOL 388-67. PG. 14 P.R.T.C.T. \ � jf,�I�4 s ooroo�oo- E 25.04' � LS _ N 90170'00" W 20.00' E.S. HARRIS SURVEY ABSTRACT N0. 688 ADOLPH GOUHENAUT SURVEY, � ABSTRACT N0. 612 o �o0 200 � GRAPHIC SCALE IN U.S. SURVEY FEET �" CIRF — — — — — — — LEGEND aP.o.B.r 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. CIRF CAPPED IRON ROD FOUND D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS P.O.B. POINT OF BEGINNING VOL. VOLUME PG. PAGE �• •��G\��o q * ��i-�-�-"� � � ` ��''�G��" v✓ i ............. r... DAVID F. McCULLAH ?••••••••••••'••; • DAVID F. McCULLAH, RPLS N0. 4023 � A,� 4023 P� ' BGE, INC. �9�%p �::::°�y°� 2595 DALLAS PARKWAY, SUITE 204 suR� FRISCO, TEXAS 75034 TELEPHONE: (972) 464-4800 �BGE, Inc. 7 2595 Dallas Parkway, Suite 204, Frisco, TX 75034 � Tel: 972-064-4800 � wvnv.bgeinc.com TBPLS Licensed Surveying Firm No. 10193953 DETENTION & DRAINAGE EASEMENT BEING 0.8648 ACRES IN THE E.S. HARRIS SURVEY, ABSTRACT N0. 688 & ADOLPH GOUHENAUT SURVEY, ABST. N0. 612 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Scale: Job No.: Date: 1" = 100' 3652-03 1 /4/2017 � U Q � m S X W � � N O O EXHIBIT B DETENTION POND y Disclaimer: This product is offered for information � purpose and may not have been prepared for or be a suitable for legal, engineering, or survey�ng purposes. It does not represent an on the ground survey and < represents only the appraximate relative location of apraperty, govemmental and/or political boundaries or vrelated facilities to said boundary. No express warranties are made by Jones � Carter, conreming tt � accuracy, completeness, reliability, ar usability of the 0 information included within this exhibit. % 0 a ,..I � C i U � JONE5ICARTER jTexasBoardofPratessionatEngineerSRegiStntionNo.i�39 6509 wndcrest Orive, SuRe 600 • Plano, Texas 75024 972.4883880 U WINDSOR PLACE REMAINDER FORT WORTH, TEXAS LEGEND PLAT BOUNDARY —v—O ❑ EXISTING IRON FENCE —.^.—O O EXISTING CHAWLINK FENCE • EXIST7NG SAN SE1Y w/ MANHOLE rl-rf, EXISTING RAILROAD TRACKS —�6��jQ }— PROPOSED MAJOR CONTOUR ��",7 PROPOSED MINOR CONTOUR PROPOSED TOE OF SLOPE —�� PROPOSED TOP OF BANK i-11 W/NDSOR PLACE � F � � REMA/NDER f i � � I TRACT JANUARY 2017 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. Preventive Maintenance/Inspection Visual inspections of all components vvill 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 FACIIITY MAINTENANCE AGREEMENT 8 Rev. 12/29/2014 c:lusersljnorkuslappdatallocallmiaosoft\windows\temporary internet fileslcontent.ie5\fi48htrz\storm water facility maintenance agreement no home owners assn.doc Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION �ATE REQUIRED MADE NOTES Mowin Remove Trash and debris Inspect irrigation s stem o eration Remove grass clip in s Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in ond Amount of silt in flume Amount of ponded water Amount of wetland ve etation Location of Erosion Percent of ve etation Condition of trash N/A uard Location of Erosion MAJOR INSPECTIONS Condition of N/A Stormwater Quality Structure Type of Stormwater N/A Qualit Structure Condition of SD-A N/A Headwall at Detention STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 12/29l2014 k:10d29310d293-0002-00 windsor place remainder tract\2 design phase\reports-formslfacility maintenance docs\storm water facility maintenance agreement �o home owners assn.doc Condition of Upstream Detention Headwali Condition of Downstream Detention Headwall Condition of Rip- NlA Ra Condition of N/A filtration s stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of N/A Aeration Foundation STORMWATER FACILtTY MAINTENANCE AGREEMENT 1 O Rev. 12/29/2014 k:10d29310d293-0002-00 windsor p�ace remainder tractl2 design phase\reports-forms\facillry maintenance tlocs�srorm water facility maintenance agreement no home ovmers assn.doc