HomeMy WebLinkAboutContract 49137 6 7 8 9 CITY SECRETARY
eo>> CONTRACT NO. Z
r_
2017
STORMWATER FACILITY
MAINTENANCE AGREEMENT
68 Lgq'�
THIS AGREEMENT, made and entered into this day of =� -
i by and between CRP West 7b University, L.P., acting by and through
Lc, 1-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 2.851 acre tract located in the Van Zandts Park Addition, Abstract 955, out
of Josiah M.C. Lynch Survey and Abstract 1030 out of the John P. Montgomery Survey,
Tarrant County, Texas and being all of Lot 1R, Block 10, hereinafter called the
"Propel,
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Elan West 7th 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, its successors and assigns, the location and dimensions of which is shown and
OFFICIAL RECORD
Rev 32/W7
STORlM 1TER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1
FT.WORTH,U
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
of inspection is to follow-up on reported deficiencies and/or to respond to
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev 3/2/2017
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 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, ITS AGENTS, SERVANTS AND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev 3/212017
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 on
the property abutting such easement which shall have a finished floor at an
elevation less than two feet above the 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 3/2/2017
Executed this _ day of 20 /7
Landowner City of Fort Worth
* II .u.
Name: Laird Sparks Jesus J. Chapa
Assistant City Manager
Title: Vice President
Approved as to Form and Legality
Assistant City Attorney
ATTEST
0
City Secr t
Contract Compliance Manager:
By signing I acknowledge that I am the V'
person responsible for the monitoring
and administration of this contract,
including ensuring all performance
and reporting requirements. q$
ie S "o'ta\t S
Development "zrnoJe r
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev 3/2/2017
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me oL4rt ,
J, / by
Jesus J. Chapa, Assistant City Manager of the City of Fort on behalf of the City of
Fort Worth.
MARIA S SANCHEZ
My Cc.nmiss19.Expires Not Public State of Texas
December 19,2017 �'
Fp
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this _ s'c% day of
201_j, personally appeared Laird Sparks, 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 CRP West 7`h University, L.P. and that he executed the same
as its Vice President and as the act of such and for the purposes and consideration
expressed in the foregoing instrument.
WENDY COKER Notary Public, Sta&bf Texas
Notary Public,State of Texas
My Commission Expires
"�F,,, E;�•'� January 21, 2019
STORMWATER FACILrrY MAINTENANCE AGREEMENT 6
Rev 3/212017
EXHIBIT "A'
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev 3/2/2017
LEGAL DESCRIPTION
BEING tract of land situated in the John P. Montgomery Survey, Abstract No. 1030, City of Fort Worth, Tarrant
County, Texas; and being part of Lots 8-11, Block 10, Van Zandts Park Addition, an addition to the City of Fort Worth
according to the plat recorded in Volume 204-A, Page 81 of the Plat Records of Tarrant County, Texas; and part of a
16-foot wide alley across said Block 10 vacated and extinguished by City of Fort Worth Ordinance No. 22135-03-2016
recorded in Instrument No. D216082979 of the Official Public Records of Tarrant County, Texas; and being more
particularly described as follows:
COMMENCING at an "X" cut in concrete found at the intersection of the west right-of-way line of Norwood Street (a
60-foot wide right-of-way)and the north right-of-way line of Morton Street(a 60-foot wide right-of-way);
THENCE with said west right-of-way line of Norwood Street, North 0013'06" East, a distance of 31.41 feet to the
POINT OF BEGINNING;
THENCE departing said west right-of-way line of Norwood Street, the following courses and distances:
North 89046'54"West, a distance of 78.17 feet to a point for comer,
North 0°13'06" East, a distance of 165.34 feet to a point for comer.
South 8904654" East, a distance of 78.17 feet to a point for corner in said west right-of-way line of Norwood
Street; from said point a 5/8" iron rod found at the intersection of said west right-of-way line of Norwood Street
and the south right-of-way line of Crockett Street (a 60-foot wide right-of-way) bears North 0013'06" East, a
distance of 79.25 feet;
THENCE with said west right-of-way line of Norwood Street, South 0013'06" West, a distance of 165.34 feet to the
POINT OF BEGINNING and containing 12,925 square feet or 0.297 acres of land.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum
of 1983.
DRAINAGE EASEMENT
BEING 0.297 ACRES OUT OF THE
JOHN P. MONTGOMERY SURVEY,
•�P.• 'G1S7 •. _ ABSTRACT NO. 1030
CITY OF FORT WORTH,
J. ANDY DOBBS * ... TARRANT COUNTY, TEXAS
REGISTERED PROFESSIONAL J. ANDDbBbS
LAND SURVEYOR E, SUITE Kimley* Horn
12750 MERIT DRIVE, SUITE 1000 . :' 196 ��'DALLAS, TEXAS 75251 '= oF fi S\ o12750 Mak QMe,swro 1000 7a.No %.
S !� Dalae Tela s 75251 FIRM a 10115500 Fax W.1:9 7 2,
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CROCKETT STREET
(A 60'RIGHT-OF-WAY)
5/8"IRF
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NORTH
LOT 6 LOT 7 LOT 8 LOT 9 NO"13'W'E
79.25' o 20 ao
89`4 s. ,I
BLOCK 10 I I I GRAPHIC SCALE W FEET
VAN ZANDTS PARK ADDITION I I ! NOTES
VOL. 204-A, PG. 81
P.R.T.C.T. Bearing system based on the
Texas Coordinate System of
1983, North Central Zone (4202),
UITT %R.&
ta. .lsr? I lLLI— North American Datum of 1983.
W
ALLEY VACATED BY CITY ORDINANCE NO.22135-03-2016 Q
AND RETAINED AS UTILITY EASEMENT 13
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NO°13'06'E
P O.C. I 31.41'
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XF
MORTON STREET
LEGEND (A 60'RIGHT-OF-WAY)
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
NO.=INSTRUMENT NUMBER
DRAINAGE EASEMENT
VOL.,VOL. PGG.=VOLUME,PAGE
IRFC=IRON ROD W/CAP FOUND BEING 0.297 ACRES OUT OF THE
XF="X"CUT IN CONCRETE FOUND
P.R.T.C.T.=PLAT RECORDS,TARRANT O F ) JOHN P. MONTGOMERY SURVEY,
COUNTY,TEXAS P� �sarja�y ABSTRACT NO. 1030
*:' ` �c
CITY OF FORT WORTH,
J. ANDY DOBBS •� „ TARRANT COUNTY TEXAS
REGISTERED PROFESSIONAL J. ANDY DOBBS
LAND SURVEYOR N0. 6196 """'� """'."' Kim1py))) Horn
12750 MERIT DRIVE, SUITE 1000 196 'DALLAS,TEXAS 75251 9 FESS\� '' ff12750 MeM DFhro,su@e,0Td.No.(972)770-1300
P H. 972-770-1300 r Q Da®as,Turas 75251 FIRM#10115500 Fox No.(872)239.3820
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GRAPHIC SCALE IN FEET
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DRAINAM EASEMENT—7\
MANHOLE FOR MAINTENANCE ACCESS
) LEGEND
0 Do STORMY ULTCON I PROPERTY LINE i
0.
I RCP 51A 0 .W'STORM VAULT CONNECTION LINE
e.IUNCTxNBOX PROPOSED WATER w
CONNECT TON51PIPE
FL 21':531.72
FL 54-:531.52
STA W00.00,STORM VAULT CONNECTION LINE EXISTING WATER w
INSTALL:
2-RCP TO RCB
CONNECTIONS ( PROPOSED SANITARY
1 ( SEWER ss
1 I VEHICULAR GATE.
ACCESS TO BE I --- --- --- -
rxS RCB GRANTED TO THE EXISTING SANITARY
I °m I SS
SEWER
PROPOSED STORM
SEWER
LL EXISTING STORM SEWER _
15,885 OF OF
--
STORM WATER S'FLOODPWN i 3 -
VOLUME EASEMENT I CURB INLET CI
DISPLACEMENT
1 1 I UJI GRAPHIC SALE IN �
I s
r x 51Rra I co) NOTE: HORIZONTAL
= GENERAL MAINTENANCE TO
CONSIST OF DEBRIS
050 I I REMOVAL AND PRESSURE
` I I Z a I WASHING,IF NECESSARY:
b I SEE EXHIBIT D FOR
L — — —MMHOLEFORMAIN ENANCEACCE55 DETAILED CHECKLIST
(TTP_) III I 2
Li
P I (A
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EXISTNG GRADE
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ENCASEMENT
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■ ■ �' ?T• _ I 535
530 f 5w
STORM WATERVOLUME DISPLACEMENT VAULT CALCULATIONS 2 RI j
Structure Cross-Sectional Area(ft') Len h(ft) Number of Boxes/Pipes Volume(ft') Volume Required(ft
7'x 5'RCBj 34.11 154 31 sze d
36"RCP 7.07 16.68 2 1 236 0.00 1'0°
Total: 15,995 1 15,615 STORM VAULT CONNECTION LINE
DATE:
r
02/24/2017
Kimley)))Horn
EXHIBIT B-1 DAVID E.MEYERS
E12750
LAN
/�A l 12750 MERIT DRIVE,SUITE 1000,DALLAS,TEXAS p 7 8 512
L/ N PHONE:972-770-1900 FAX:972-239-3820 �y(
TEXAS REGISTERED ENGINEERING FIRM F-928
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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 3/2/2017
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Remove Trash and
debris
Violations Noted
MINOR
INSPECTION
Condition of Facility
Amount of silt in
and
Amount of ponded
water
Condition of trash
guard
MAJOR
INSPECTIONS
Condition of
Connection Pipes
Condition of
Pipes/Boxes
Condition of Access
Points
Evidence of
Animals
Evidence of Aquatic
life
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev 3/2/2017