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9
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
by and between Roque Amada, 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 2.99 acre tract located in the Abner Lee Survey, Abstract No. 931, Tarrant
County, Texas according to the deed recorded in Instrument No. D216096405, 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 IMOT, Inc. 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, his successors and assigns, the location and dimensions of which is shown
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1
Rev.12129/2014
FT.WORTH,TX
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, his 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, his 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, his successors and assigns, hereby grant permission to the
City, his 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.12129/2014
citizen complaints. The City shall provide the Landowner, his successors and
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
4. In the event the Landowner, his successors and assigns, fails to maintain the
Facility in good working condition as specified herein, the City, his 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, his 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
oblization is Landowner's.
5. The Landowner,his 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, his 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 his 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, HIS AGENTS, SERVANTS AND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
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 HIS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR(3)
FAILURE OF THE POND OR HIS 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, his 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 MAYth 201
Landowner City of Fort Worth
1�TAOLq v, z —
Name: Roque Vaya -) 3: S Ck5+°4--
Assistant City Manager
Approved as to Form and Legality
9
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ssistant City Attor ey
ATTEST
City Ser y
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.12/29/2014
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.
l_
D.J.Harrell
Development,ServicSs Administrator
Date: 3 /7
STATE OF TEXAS § ELIZABETH L. PORTER
��'�P'P••GB'�i„
NzNotary Public, State of Texas
Comm.Expires 06-23-2020
COUNTY OF TARRANT
III00� Notary ID 130712683
This instrument was acknowledged before me on �,�1n by
Roque Amaya.
Notary&- 4 c,k- 40--4toTexas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on A 61 (A by
Fernando Costa,Assistant City Manager of the City of Fort Worth, on behalf of City
of Fort Worth.
Aoty Public, State Texas
of
LINDA M. HIRRLINGER
NiotGary Puuiic;,State of Texas
cnrnm. Expires 02-02-2018
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NOtnry Ip 12414474-6
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.12/29/2014 6
EXHIBIT "A"
DESCRIPTION OF PRIVATE DETENTION AREA EASEMENT
SITUATED in the City of Fort Worth, Tarrant County, Texas, and being a tract of land in the
ABNER LEE SURVEY, Abstract No. 931, and being a portion of that certain tract conveyed to
Roque S. Amaya by deed recorded under Tarrant County Clerk's File No. D216096405, and said
portion being more fully described as follows:
BEGINNING at a point in the southeasterly corner clip portion of said Amaya tract, said point being
13.79 feet North 40 degrees, 34 minutes East from a 1/2" iron rod found in place for the most
southerly southeast corner of said Amaya tract and the southwesterly end of the corner clip at the
intersection of the northerly line of Burleson Retta Road (County Road Project No. 1064) and the
westerly line of Oak Grove Road South (County Road Project No. 1004);
THENCE South 89 degrees, 55 minutes West and generally north of and generally parallel with
the north line of said Burleson Retta Road, 189.39 feet;
THENCE North 0 degrees, 05 minutes West, 208.32 feet;
THENCE North 50 degrees, 26 minutes, 10 seconds East, 118.8 feet;
THENCE South 89 degrees, 57 minutes, 30 seconds East, 123.16 feet to an"RPLS 1640" capped
5/8" iron rod set for corner;
THENCE South 3 degrees, 08 minutes West and generally parallel with said westerly line of Oak
Grove Road, 182.19 feet to an "RPLS 1640" capped 5/8" iron rod set for corner in said
southeasterly corner clip portion of Amaya tract;
THENCE South 40 degrees, 34 minutes West with said southeasterly corner clip portion of Amaya
tract and said corner clip in road intersection, 15.41 feet to the PLACE OF BEGINNING, and
containing 1.266 acres.
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
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STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.12/29/2014
EXHIBIT "B"
DESIGN CALCULATIONS (1 OF 2)
Runoff Calculations
PRE-DEVELOPMENT
Drainage Area C C R Ca C'Ca Tc 1-yr I 10 Yr t 100 Yr I 1 Yr Q 10-Yr 0 100-Yr 0
Area/Pt (ac) 100-Yr 500-Yr min) (Inft) on/h n/hr cfs cis (C Is)
CS-1 875 0.30 0.3 0.3 20 282 4.83 7.05 7.41 12.67 1849
A 1 1.64 0.30 03 0.3 20 282 4.83 7.05 1.39 2.37 3.47
A2 1.35 0.30 0.3 0.3 20 2.82 4.83 705 1 14 1 95 2.85
A 2.99 030 1 0.3 03 20 282 483 705 1 2.53 433 6.32
OS-1+A 1174 0.30 0.3 0.3 20 2.82 4.83 7.05 9.95 1700 24.81
OS-2 3.14 030 0.3 03 20 2.82 4.83 705 2.66 4.55 6.64
B 1 2.01 030 0.3 0.3 20 2.82 483 705 1.70 2.91 4.25
82 1 17 0.30 0.3 0.3 20 2.82 4.83 705 0.99 1.69 247
B 3.18 0.30 03 03 20 282 4.83 705 2.69 4.60 1 6.72
0S-2+B 431 0.30 0.3 0.3 20 2.82 4.83 7.05 3.65 6.24 911
OS-1+OS-2+A+B 18.06 030 1 0.3 0.3 20 1 2.82 4.83 7.05 1 15.30 26.15 38.17
Runoff Calculations
PROPOSED
Drainage Area C C"Ca C'Ca Tc 1-Yr I 10 Yr I 100 Yr I 1-Yr Q 10-Yr 0 100-Yr Q
ArearPt (ac) 100 Yr 500-Yr (min) (in/hr) (in/ho (in/hr) (cfs) (cis) (C IS)
OS-1 8.75 0.30 03 03 20 2.82 483 7.05 741 12.67 18.49
A 1 1.64 0.88 0.88 0.88 10 4.06 6.51 9.24 5.86 9.40 13.34
A2 1 35 0.30 03 0.3 20 282 483 7.05 1.14 1 95 2 85
A 2.99 0.62 0.62 0.62 10 4.06 6.51 9.24 7.53 12.07 17.14
OS-1+A 11.74 0.38 0.38 0.38 10 4-06 6.51 924 18.11 2906 41.24
OS-2 3 14 0.30 03 03 20 282 4.83 705 266 455 664
131 2.01 0.30 0.3 03 15 3,32 5.53 796 200 333 461
82 117 0.30 0.3 0.3 15 3.32 553 796 1.17 1 94 280
B 3.18 1 0.30 1 0.3 0.3 15 3.32 5.53 7,98 1 3.17 5.27 1 7.61
OS-2+8 6.32 0.30 1 0.3 1 03 15 1 3.32 1 5.53 7.98 1 6.29 1 10 48 15.12
OS-1+OS 2+A+B 18.06 0.35 1 0.35 1 0.35 20 1 2.82 1 483 7.05 1 17.85 1 30.5 1 4453
The"C"values in this table are for the proposed land use of lot 4, Block 1
Rainfall data(intens) in In/hr)was taken from the ISWM Tarrant County rainfall table
Required Dention Storage Volumes by ISWM Equations 1 126 27 28a and 28b
a b C A Qa Tc Td V rettmina P160 Ptd Vmax Vmax
Frequency acres) (cfs) (min' min "3 in n ^3 ac 4t
1-Year 95 835 13425 062 2.99 253 1000 30 4 300 1 77 1 10 6.900 016
5 Year 17081 19.435 062 2.99 379 1000 3752 7 100 295 186 11 200 - .-36
100-Year 322 07 24 388 062 299 6.32 10.00 4347 12.800 544 3 39 20.500 0 47
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.12/29/2014
EXHIBIT "B"
DESIGN CALCULATIONS (2 OF 2)
Actual Detention storage Volumes
Allowed Required Storage Tail Water Water Actual Actual 01 Actual Actual S
Fmq Discharge Surface Discharge(0) Allowed 0 Storage(S)Required S
(C IS) ac-R R"3 elev) (elev) (cis R"3
1-Year 253 016 6 900 000 69268 2.53 100% 7.368 107%
5-Year 1 379 026 11.200 000 69281 379 1 1000% 1 11 534 103%
100-Year 1 632 047 20 500 0.00 1 69301 631 1 1000/6 1 20.500 100%
l)Theniredsto22els met or exceeded at the ele%etion that produced the maximum allowable discharge
Actual Detention Storage Volumes
Allowed Required Storage Tail Water Water Actual Actual 0 Actual Actual S
Freq. Discharge Surface Discharge(0) Allowed 0 Storage(S)Required S
(C IS) (ac-ft) R"3) (eleele (c 113) 43)
1 Year 253 016 6 900 000 692.68 253 100% 7 388 107%
5-Year 379 026 11 200 1 000 69281 379 100% 11 534 103%
100-Year 6.32 0 47 20 500 000 69301 631 100°,,a 1 20.500 1 100%
1 The fired storage is met or exceeded at the elevation that produced the maximum allowable discharge
Pond Orifice Outlet Pond Weir Outlet Emergency S iliway Outlet
U'S Flow Line 69140 U±S Flow Line 69250 U/S Flow Line 69301
Diameter of Pi (in) 800 Width 392 Width 500 Emergency
Dischar Coef C 06 Weir Coefficient Cc 31 Wei rCoelclent(Co)1 3.1 Outtlet 69355
Qom=CA(2gh)o.s Qw.,=C.Pdss Qw.c=C.Pdu R WredO 632
Allowable 0 632
staga Vdtme-Discharge Rating Table
Elevation Storage Pipe Pipe Velocity Weir Weir Total
(ft) Storage(R) (ac-t) Discharge (fp ) Discharge Velocity Discharge
(cis) s (cis) (fps) (cis)
691 50 5 000 000 000 0 0 000
69200 18 000 1 19 340 0 0 1 19
69250 1 701 004 1 37 393 0 0 1 37
69300 17 820 041 1 62 520 429 13 728 611
69350 53 460 1 23 2 17 622 12 14 38 848 1431
U'
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.1212912014
EXHIBIT "B"
SCHEMATIC PLAN — PLAN VIEW
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STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.12/29/2014
EXHIBIT "B"
SCHEMATIC PLAN -CROSS-SECTIONS A & B
696 696
100-YEAR EVENT WL
692 692
688
-0+250+00 0+50 1+00 1+50 2+00 2+25
CROSS-SECTION A-A
696 696
00 YEAR EVENT WL
692 -""' 692
688
-0+250+00 0+50 1+00 1+50 2+00 2+50 3+00 3+25
CROSS-SECTION B-B
STORMWATER FACILITY MAINTENANCE AGREEMENT 12
Rev.12/29/2014
EXHIBIT "B"
SCHEMATIC PLAN - DETENTION OUTFALL DETAIL
ONE ROCK WALL 'L)P V BER
TTPPCAL ELEATIN - WOU rMCAL ELLYATICN = {g4.00
5.00 \
EWRGENGI' QVEIVLOW 'CATER ELEVATON - 6'35,55
100 YEAR WATER U ATION = 643.01
3.9167'
FL = 692.50
\ \
v �0 13
6"1141CR 2' x 5 II, 4 R' WYC OF ICE
TYPE A CCN-.*M PAD FL - 691.40
DETENTION OUTFALL ELEVATION
STORMWATER FACILITY MAINTENANCE AGREEMENT 13
Rev.12/29/2014
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 14
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
guard
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 15
Rev.12/29/2014
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 16
Rev.12/2912014