HomeMy WebLinkAboutContract 49135 CITY SECRETM'
CONTRACT NO._
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of.
by and between The Standard at Boswell Marketplace. LP, acting by and through Clay
Likover, 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 12.9726 acre tract located in The Heirs of Benjamin Thomas Survey,
Abstract 1497, Tarrant County, Texas according to the deed recorded in Instrument No.
D2170034141 Official Public 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 Standard at Boswell Marketplace
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 a y g 7 8 g�O r
OFFICIAL RECORD QzJUN— MO 17
CITY SECRETARY ciN OF FORT�n
STORMWATER FACILITY MAINTENANCE AGREEM T �'WORTH,TX CJ C�Ty SFCRETq ,: r
Rev.11/17/2016
Oy68195a
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 good working condition as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessaa 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.11/17/2016
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 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.11117/2016
Executed this Yzo day of 2017.
The Standard at Boswell Marketplace, LP, City
a Texas limited partnership City of Fort Worth
By: Standard Residential, LLC,
its General Partner
J �
Clay Liko
President Assistant t ILY m6nager
App ved as to Form and Legality
r
V V
ssistant City Attort,
ATTEST
at Sec t
v: '•O
was•
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
Jesus J. Chapa, Assistant City Manager of the City of Fort WCA61 on behalf of the City of
Fort Worth.
F
MARIA S SADExpires
My CcmmissioNot Public, State of Texas
December 19
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this V' day of
Fj_%M�r,k .f 1A , 2017, personally appeared
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
LAC- , and that he executed the same as its
c=.Q,E r,� .k ;kp+m and as the act of such L L-C... and for the purposes and
consideration expressed in the foregoing instrument.
JEFFREY PICHETTE Notary PJMic, 19hiCe of Texas
_Notary Public.state of Texas
=a• , » Comm.Expires 12-08-2019
Q;�`:� Notary ID 130461533
STORMWATER FACILrrY MAINTENANCE AGREEMENT 6
Rev.11/17/2016
EXHIBIT "A'
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
LEGAL DESCRIPTION
BEING a tract of land situated in the HEIRS OF BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497,City
of Fort Worth,Tarrant County,Texas, and being a portion of a 12.9726 acre tract of land described in deed
to The Standard at Boswell Marketplace, LP, A Texas limited partnership, as recorded in Instrument No.
D217003414 of the Official Public Records of Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
COMMENCING a 112"iron rod with cap stamped"WAI"found at a reentrant comer of said 12.9726 acre tract
and at the northeast comer of Lot 1, Block 1 of BOSWELL MARKETPLACE, an addition to the City of Fort
Worth, Tarrant County, Texas according to the plat thereof recorded in Instrument No. D216034100 of said
Official Public Records;
THENCE South 0°06'19"East,along the west line of said 12.9726 acre tract and the east line of said Lot 1,a
distance of 12.68 feet to the POINT OF BEGINNING of easement being described;
THENCE departing said west line of said 12.9726 acre tract and said east line of Lot 1,over and across said
12.9726 acre tract the following:
North 71°41'06"East,a distance of 63.76 feet to a point at the beginning of a tangent curve to the right;
In a northeasterly direction, with said curve to the right having a central angle of 18°12'35", a radius of
105.00 feet, an arc distance of 33.37 feet and a chord bearing and distance of North 80°47'23" East,
33.23 feet;
North 89°53'41"East,a distance of 66.68 feet to a point at the beginning of a tangent curve to the right;
In a southeasterly direction, with said curve to the right having a central angle of 22°57'40", a radius of
238.00 feet, an arc distance of 95.38 feet and a chord bearing and distance of South 78°37'29" East,
94.74 feet;
South 67°08'39" East, a distance of 60.83 feet to a point for corner on the north line of a Permanent
Storm Sewer and Drainage Easement as described in Instrument No. D215254911 of said Official
Public Records;
THENCE along said north line of Permanent Storm Sewer and Drainage the following:
South 46°51'04"West,a distance of 75.21 feet to a point for corner;
South 77°26'56"West,a distance of 260.07 feet to a point for corner from which a 1/2"iron rod with cap
stamped "Beasley RPLS 4050" found at a southwest comer of said 12.9726 acre tract and at the
northwest comer of a 3.6016 acre tract of land described in deed to The Standard at Boswell
Marketplace 2, LP, A Texas limited partnership, as recorded in Instrument No. D217003414 of said
Official Public Records and said east line of Lot 1 bears South 0°06'19"East,a distance of 20.48 feet;
THENCE North 0`06'19" West, along said west line of 12.9726 acre tract and said east line of Lot 1, a
distance of 124.78 feet to the POINT OF BEGINNING and containing 31446 square feet or 0.7219 of an acre
of land.
DRAINAGE EASEMENT
part of
HEIRS OF BENJAMIN THOMAS SURVEY,
JAMES PAUL WARD Abstract No. 1497
REGISTERED PROFESSIONAL City of Fort worth, Tarrant County, Texas
LAND SURVEYOR NO. 5606
801 CHERRY STREET,UNIT 11
Kimiev))) HornSUITE 950
FORT WORTH, TEXAS 76102 801 Cherry Street,Unit" ;17511 ea nr. :F,-I,.)%L`,"I
PH.817-335-6511 Fort Worth,Texas 76102 FIRM#10194040 kn^ 40.k-ccm
Stele Drawn by Date --CLL" Sheet No.
paul.ward@kimiev-hom.com NIA FCN �� 0111912016 061294900 10F2
t 71I I. 11, EASEMENT rv'4NDiOV G
oLINE TABLE CURVE TABLE Q
NO. BEARING LENGTH NO. DELTA RADIUS LENGTH CHORD BEARING CHORD ¢ V-1
L1 S00'06'1WE 12.68' C1 18°12'35" 105.00' 33.3T N80'47'23'E 33.23' 0
L2 N71'41'06"E 63.76' C2 22"57'40' 238.00' 95.38' S78'37'29'E 94.74' G
L3 N89'53'41'E 66.68' �o�
L4 S67'08'39"E 60.63' �0
L5 S46'51'04"W 75.21' 12.9726 ACRES
L6 S77'26'56"W 260.07' THE STANDARD AT BOSWELL
MARKETPLACE,LP
L7 SOo'06'19"E 20.48' A TEXAS LIMITED PARTNERSHIP
L8 N00'06'1911N 124.76' INSTRUMENT NO.D199228248
OPRTCT
P.O.C.
1r2"CIRF r C1 L3
,"Ar c2
L7 DRAINAGE EASEMENT sTawr►sEwE
pERM�AGEMEp'j152y�11
0.7219 OF AN ACRE ���ORP�► uMENT NO
P.O.B.
' 31,446 SQ. FT. `�� '"��CT
LOT 1 l
BLOCK 1 \
�tis�ps
�G iLrD
L7
"BCIRF
EASLEY
,�pOT.o RPLS 4050" 3.6016 ACRES
j. c')��c THE STANDARD AT BOSWELL
F MARKETPLACE 2,LP /
�p A TEXAS LIMITED PARTNERSHIP
NORTH INSTRUMENT NO. D199228248
OPRTCT
0 50 100
GRAPHIC SCALE IN FEET
LINE TYPE LEGEND
-- BOUNDARYLINE DRAINAGE EASEMENT
EASEMENT LINE part of
LEGEND HEIRS OF BENJAMIN THOMAS SURVEY,
P.O.C.=POINT OF COMMENCING Abstract No. 1497
P.O.B.=POINT OF BEGINNING Cit of Fort Worth, Tarrant Count', Texas
CIRF=CAPPED IRON ROD FOUND Y `r
OPRTCT=OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS
NOTES Kim1qy* Horn
Bearin stem based on the Texas Coordinate S tem of 801 Cherry Street,L Tel.No.;c T'-Y1' : '
9 system Fort Worth,Texas 7, FIRM#10194040
1983,North Central Zone(4202),North American Datum of -
1983. stele Drawn by r.:,:,,a.i h, Date wrr..tea�In Sheet No.
1'=100' FCN JPW 1 011192016 081294900 201`2
EXHIBIT "B"
STORMW ATER FACILITY MAINTENANCE AGREEMENT 8
Rev.11/17/2016
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THE STANDARD 9
B9 PRIVATE STORM AT s �A Kimley*Horn
o PROFILES BOSWELL MARKETPLACE m
CT'OF FORT WORTH,TEXAS
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CT"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 9
Rev.11/17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
s stem 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
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STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.11/17/2016
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