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HomeMy WebLinkAboutContract 49268 7 89 21 ro Q %CC,, CITY SECRETARY ��� a CONTRACT NO. DOE # a 10 1C11� �'b o`�8 L 9 5 V STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this Vday of , by and between D.R. Horton — Texas, LTD., hereinafter referred to as "Landowner", the Chapel Creek Homeowners Association, hereinafter referred to as "Association" 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 30.72 acre tract located in the B.B.B & C. RR Company Survey, Abstract 219, Tarrant County, Texas according to the deed to Texas Amigos, LLC, as recorded in Instrument Number D211314253, 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 Chapel Creek hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS,the City and the Landowner and Association, 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 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITYSECRETARY 1 Rev.11/1772018 FT.wow",TX Landowner, its successors and assigns, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit"A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located 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 and Association, 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 and Association, 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 Facilities, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/1712016 replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner and Association, 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 and the Association, 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 and the Association, 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 or the Association. 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.1111712016 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association 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 and Association 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of D.R. Horton—Texas, LTD. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by deed to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of D.R. Horton — Texas, LTD. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. Executed this OV-day of 2Q2� Landowner City of Fort Worth D.R. Horton—Texas, LTD., A Texas Limited Partnership By: D.R. Horton, Inc., A Delaware Corporation It's authorized agent Jesus J. Chapa Name: Mark P. Allen Assistant City Manager Title: Ass' Se Approved as to Form and Legality a rl r Homeowners Association I Assistant City Attorney Name: Mark P. Allen ATTEST of FoRr Title: President —1ltitSjqgryy .`XAS OFFICIALVWO R6COR� S70RMWATER FACILITY MAINTENANCE AGREEMENT CITU SRORLMAR 5 Rev.11/17/2016 1% 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 rth, on behalf of the City of Fort Worth. a nU9 MARIA S SANCHEZ My crmmission Expires 0" December 19, 2017 ota Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of 26'�, personally appeared Mark P. Allen, Assistant Secretary, 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 Assistant Secretary, and that he executed the same as its Assistant Secretary and as the act of such Assistant Secretary and for the purposes and consideration expressed in the foregoing instrument. 0(emy KATIE SABIN ID#130023623 Notary Public, Stat,of Texas Comm.Exp.Nov.12,2018 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on_ (jJ ` 15• 2�0 1-1 by, Mark P. A.11en, author iz d re resentative,acting on behalf of the —Homeowners Association. emy KATIE SABIN Notary Public, State of Texas ID#130023623 Comm.Exp.Nov.12,2018 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 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. Name of Employee Title EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 EXHIBIT 'A If PROPOSED STORMWA TER FACILMESWIMEV"CEAREA L=176.09' R=775.00' A=13°01'07" CB-N83°42'19"E CD=175.71' µ�11'ArE S89°47'08'E 126.36' >3 3A 23 w� S TEXAS AMIGOS, LLC 02 R INST. NO. 0211314253 N12°48'14"W O.P.R.T.C.T ,"I� 115.00' 24 O pQ rt r s 8�6 7�>11'A6'E g0 c2 C4 r' tw y N c7 C of a PROPOSED °z o R z STORMWATER FACWTIES U.z uI MAINTENANCE AREA C)w m260,703 SQUARE FEET Z }� OR 5,90 ACRES S32°24'06"E O. r 43.95' o luS —' N E S57-35.28-S1 3/8-wcw wo Faea 655 84' _ __vAAem_2nt wA t tss 2014- OLD ROAD APPRXI OC t—iE�1_w 1%'ARIARLE WIUf11 R1011T-01`-W Al'1 FAITH COMMUNITY BAPTIST CHURCH INST. NO. 0201273651 "NORTHWEST DRILLSITE" 10' MGMT—OF—WAY O.P.R.T.C.T TARRANT MINERAL PARTNERS INST. AND EASEMENT TO 15' TARRANT MINERAL PARTNERS ��,�,— NO. 0207116752 BSG PIPELINE, LTD. EASEMENT DOC D207116752, OPRTCT 0206188699, OPRTCT MCD PARTNERS• L.P. 55% INTEREST ,, MCD PARTNERS, L.P. 55% PER D207149650 TARRANT MINERALS, INTEREST PER 0207149650 MCD PARTNERS LLC 45X INTEREST PER 0209194238, TARRANT MINERALS, LLC 457E INST. NO. 0201020482 1 OPRTCT I� INTEREST PER D20t---^—O.P_R.LC.T I 0 150 300 ` m --� ORT Wl RTH City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NOTES, EXHIBIT SHO%ING A 7 ���OF EVEN DATEPPLAT. lPROPOSEDSTOR.MWATER FACILITIES MAINTENANCE AREA OLTOF STATE PLANE R04C w1TE SYSTEM. ATRACT OF LANA DFSCRIBEDTO 2. BEARINGS REfERENCEp TO THE TEXAS NDRTM CEN1Rk ZONE. NAD •83. ALL TEXAS AMIGOS,LLCARE SUWACE D `- ISTANCES ISTANCES. I . MURRAY ................. D ........RECORDED 1n ttiSTRL'AfENT�u.DZ113I4233,OFFICIALPVALIC � •-•-••••^""' A A - RECORDS TARRANT COUNTY,TEXAS I TERENCE SITUATED IN THE ...................... ...................................... B.B.B.&C.RAILROAD COMPANY 605g rev o SURVEY ABSTRACT No.219 4,L� � SS� � CITY OF FORT WORTH s TARRANT COUNTY,TEXAS EASEMENT AREA:260,703 SOUARE FEET OR 5.985 ACRES OF LAND. MORE OR LESS I DATE: 02/15/2017T EREINCE A. ML;RRAY _- .— REGISTERED PROFESSIONAL LANDDRAWING. 1602601 E-7 DETENTION POND EASEMENT.DWG DRAWN BY; CSW CHECKED 8T: TAM SURVEYOR ft. 6059 SHIELD ENGINEERING GROUP. PLLC 1600 W 7TH ST #200 FORT WORTH, TEXAS 76147 1`817) 810-0896 TBPE F-•11039 TSPLS 10193890 0 2017 EXHIBIT"A" PROPOSED STORMWATER FACILITIES MAINTENANCE AREA METES AND BOUNDS DESCRIPTION BEING a tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 219,City of Fort Worth, Tarrant County, Texas, and being a portion of that certain tract of land described by deed to Texas Amigos, LLC, as recorded in Instrument Number D211314253, Official Public Records, Tarrant County,Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "WW Ward RPLS 2014"found at the southwest corner of said Texas Amigos tract, being in the east right-of-way line of Chapel Creek Boulevard (a variable width right-of-way); THENCE S 87°35'28"E, 655.84 feet along the south property line of said Texas Amigos tract to a 5/8 inch iron rod with cap stamped "WW Ward RPLS 2014" found, being an angle point in said south line; THENCE N 02°11'37"E, 15.00 feet departing said south property line to the POINT OF BEGINNING: THENCE N 87°35'28"W, 238.05 feet to a point; THENCE N 00`42'33"E, 139.14 feet to a point; THENCE N 77°11'46"E, 600.00 feet to a point; THENCE N 12'48'14"W, 115.00 feet to a point; THENCE N 77°11'46"E, 34.23 feet to the beginning of a tangent curve to the right; THENCE with said tangent curve to the right 176.09 feet, having a radius of 775.00 feet, a central angle of 13°01'07", and a long chord of N 83°42'19"E, 175.71 feet to a point; THENCE S 89047'08"E, 126.36 feet to a point; THENCE S O1°31'30"W,406.82 feet to a point; THENCE S 32024'06"E, 43.95 feet to a point; THENCE N 88°01'18"W, 670.99 feet to the POINT OF BEGINNING, and containing 260,703 Square feet or 5.985 acres of land, more or less. � OF Utz Terence A. Murray -~""•' Mt1RRAY Registered Professional Land Surveyor .4� �.... ' Texas Registration Number 6059 A 60!�Q Zsc'O Dated: 02-15-17 ��a �0Fr<SS�O 5:\PROJECTS\2016026.01 Chapel Creek SF\Property Descriptions\2016026 E7 VARIABLE WIDTH DRAINAGE EASEMENT DESCRIPTION.docx Page 1 EXHIBIT PROPOSED STORMWATER FACILITIES MAINTENANCE AREA COVENANT CLASSICAL ICHOOL 5/8-INCH IRON ROD tivST. NO. 0207165290 SET STAMPED O.P.R.T.C.r `SHIELD ENGINEERING` 7A-%MIBER RIDGE DRIVE (EXISTING 80'RIGHT-OF-WAY) S84'52'46"E 5/8-INC I Roo FOUND STAMPED L=47.87 48.45' 'CARTER-BURGESS" R=3808.83' TEXAS AMIGOS. LLC N06°43'38"E d=0`43'13" o INST. NO. 0211314233 172.01' CB=S00°39'17 W J O.P.R.LC.T L=44.81' S03°31'16"VY CD-47.87' R=234.95' 171.86' 6=10°55'40" L-72.88' CI3=N09'10'29"E R=284.28' ;alz CD=44.74' p=15°48'00" 's N 16'12'05"E CB=S 11'52'31"W < 31.55' Lc71'� C0=72.65' R=256.3T S 17'26'1 2"W A=16'02'47----' 32.36' 1 CB=N 11°44'49"E L=40.87 CD=T1.5T R=97.50' &=24°00'53" iu CB=S10°46'40"W 0 100 200 Lo CD=40.5T I EMIL g" z o S00'111601W N69°47'33"E rn 1222'61 133.81' PROPOSED STORMWATER FACILITIES PROPOSED N85'4V42"E N89°44'53"E MAINTENANCE AREA 71.538 SQUARE FEET o v 30' sANIrARr 101.49 240.32' OR 1.842 ACRES SEWER EASEMENT v;in La-r N01°31'30"E ._ 94.51' N89'"3131*S5"W 346.81' TEXAS AMIGOS. LLC a a 563 NST. NO. 0211314253 ZC� O.P,R.T.C.T � PROPOSED POINT OF J MRMwATER FACIUTtES BEGINNING "NTENANCE AREA LU RECORDED By SEPARATE INSTRUMENT A S/B-WCH IRON O tVAW FOUND z - STAMM 'WW WARD RPLS 2014' N32`24'06'W N88001'18'W 62'13' POINT OF 681 31' COMMENCING N88101'189N ' 5/6-INCH IRON ROD FOUND OLD WE1237784THERFORD ROAD STAMPED 'WW WARD RPLS 2014• (VARIASLE WIDTH PJCHT-Or•-14•Al'I o cWo City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXNEVI SH01►•LNG A I F r 1 ACO[SCRa"fiilOfff OF C414 DATEPROPOSED STOR-a1WATER FACU TIES AIAD,rIENANCE ARE. rC ACCONPAN�TM PIAT. OUT DF i-. 2. SENWM REFERENCED TO THE TEX4 A TRACT OF LAND DESCRIBED TO NNWH CENT k ZONE,weSYSTEM.ALL TEXAS AMIGOS,LLC DISTANCES ARE SUWACE DISTANCES. ....- RECORDED fT`TNSTIIIJA(EtYT No,0211714233,UFhlCLA1"LIC '-• ••- Y RECORDSTAR"NTCOUNTY,TEXAS TEREIaCE ? .MURR.- SMATEDIN IHE B.B.B.&C. RAILROAD COMPANY ;•..��, 8059 O� SURVEY ABSTRACT No.219 CITY OF FORT WORTH TARRANT COUNTY,TEXAS _ EASEMENT AREA-.71,539 SQUARE FEET OR 1.542 ACRES OF LAND, MORE OR LESS DATE: 02/15/2017 T ERENCE A. 61CP,RAY - — REGISTERED PROFESSIONAL LAND DRAWING: 1602601 E-8 STORMWATER FACILITIES MA.DWG DRAWN BY: CSW I CHECKED W: TAM SURVEYOR No. 6059 SHIELD ENGINEERING GROUP: PLLC 1600 W 7TH ST #200 FORT WORTH. TEXAS 76147 (817) 810-0696 TBPE F-11039 TBPLS 10193890 C 2017 tXHIBIT "A" PROPOSED STORMWATER FACILITIES MAINTENANCE AREA METES AND BOUNDS DESCRIPTION BEING a tract of land situated in the B.B.B. & C. Railroad Company Survey,Abstract Number 219,City of Fort Worth, Tarrant County,Texas, and being a portion of that certain tract of land described by deed to Texas Amigos, LLC, as recorded in Instrument Number D211314253, Official Public Records, Tarrant County,Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "WW Ward RPLS 2014" found at the southeast corner of said Texas Amigos tract,said iron rod bears S 00°11'50"W, 1222.61 feet and S 00°39'19"W, 47.87 feet from a 5/8 inch iron rod with cap stamped "Shield Engineering" set at the northeast corner of said Texas Amigos tract; THENCE N 88°01'18"W, 1237.78 feet along the south property line of said Texas Amigos tract to a point, from which a 5/8 inch iron rod with cap stamped "WW Ward RPLS 2014" found for an angle point in said south property line bears N 88°01'18'W, 681.32 feet; THENCE N 32`24'06"W,62.13 feet departing said south line; THENCE N 01"31'30"E, 283.76 feet to the POINT OF BEGINNING: THENCE N 01°31'30"E, 94.51 feet to a point; THENCE N 69°47'33"E, 133.81 feet to a point; THENCE N 85°40'42"E, 101.49 feet to a point; THENCE N 89'44'53"E, 240.32 feet to a point; THENCE N 00°36'06"E, 333.88 feet to the beginning of a non-tangent curve to the right; THENCE with said non-tangent curve to the right an arc distance of 71.80 feet, having a radius of 256.37 feet, a central angle of 16°02'47", and a long chord of N 11°44'49"E, 71.57 feet to a point; THENCE N 16°12'05"E, 31.55 feet to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left an arc distance of 44.81 feet, having a radius of 234.95 feet, a central angle of 10°55'40", and a long chord of N 09°10'29"E, 44.74 feet to a point; THENCE N 06043'38"E, 172.01 feet to a point; THENCE S 84°52'46"E,48.45 feet to a point; THENCE S 03°31'16"W, 171.86 feet to the beginning of a non-tangent curve to the right; 1 S:\PROJECTS\2016026.01 Chapel Creek SF\Property Descriptions\2016026 E-8 VARIABLE WIDTH DRAINAGE EASEMENT DESCRIPTION.docx THENCE with said non-tangent curve to the right an arc distance of 72.88 feet, having a radius of 264.28 feet, a central angle of 15°48'00", and a long chord of S 11"52'31"W, 72.65 feet to a point; THENCE S 17°26'12"W, 32.36 feet to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left an arc distance of 40.87 feet, having a radius of 97.50 feet, a central angle of 24°00'53",and a long chord of 510°46'40"W,40.57 feet to a point; THENCE S 00°19'55"E, 391.40 feet to a point; THENCE N 89031'55"W, 346.81 feet to a point; THENCE S 63025'34"W, 206.52 feet to the POINT OF BEGINNING, and containing 71,538 Square feet or 1.642 acres of land, more or less. /f __.-- Terence A. Murray Registered Professional Land Surveyor Texas Registration Number 6059 Dated:02-15-17 Q r r .................... ..MURRA1 ..-� GC EREN_ SOO 2 SAPROJECTS\2016026.01 Chapel Creek SF\Property Descriptions\2016026 E-8 VARIABLE WIDTH DRAINAGE EASEMENT DESCRIPTION.docx J 1 I C xxxx oN s � a w o N W N v U m 2 z x x Im W > > 'C r x QT Z� Q 3 N W d;3ao LL C W y V U V O t��,� n u � a U O O a \'„ 0 2 01 a a 1,- 0- I ; / , / 11 ,77-7 -4-/--14- '9 ---mac—• 81 77 i i l--,�I"' �� II ' �,-/f j��t ¢,'��,��o-7s� / / ;"I I f %/ 1��/'�f� f�lj' ?I' �'`'s_�� �``\�`\,�� ,•\� ,�•\.,�\+j`_�k.� .`�-.. . ! 1 IV - _� -- - Alm1�_ IT I � . CL CL g in _ A. t' Q z (L w' F C7 Y- p - - _ � ^ m Z O Lu f-- O LJ 33 c �� foo U X O UJw w X X ij oa t 10 Z U 0 U 0G �uy a M z w !, y IL 00 0O � WO l � IU 1p t� i y�1 it n S� �.,.��- � _-�v \•t� "�`\ \ 'k', � !1 tt y 1, W�W y j 1 y �I 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 pians. 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.11/17/2016 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 9 Rev. 11/17/2016 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 10 Rev.11117/2016 0 3E a c > a) a m Lc N Z ,c m Q z m d 3 0 Z eoc °r O E p 0 0 0 (A 0 0 0 N N ! 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