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HomeMy WebLinkAboutContract 49310 pM 1 2 ti R� a( as CITY SECRETARI° o C'� CONTRACT NO._ J opo City Project# 100371 4,j- '41q� j ati wd �' STORMWATER FACILITY MAINTENANCE AGREEMENT 1 &4k THIS AGREEMENT, made and entered into this day o by and between Keller Independent School District ("'Keller I hereinafter referred to as "Landowner," and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, Landowners are the owners of certain real properties described as an approximately 26.93 acre tract located in the William McCowen Survey, Abstract 999, Tarrant County, Texas according to the deed recorded as Document number D215278999 Deed Records, Tarrant County, Texas, and an approximately 5.39 acre tract located in the William McCowen Survey, remainder of Tract 1 Property Index No. 70, according to the deed recorded as Document number D215190571 Deed Records, Tarrant County, Texas, hereinafter referred to collectively as the "Property"; and WHEREAS, the Keller ISD is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Thompson Road Middle School Road, 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 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT S"'�" Rev. 12/29/2014 + -"I TX 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"); 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 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, or its successors and assigns, fail 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, or the Landowner's successors-in-interest if the Landowner no longer owns the Property. 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, as such obligation is Landowner's. 5. The Landowner, or its successors or 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, or its successors or 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. For purposes of this paragraph, "Landowner" shall not include Keller ISD. 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 COVENANTS AND AGREES 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. Notwithstanding any other provision of this Agreement, Keller ISD shall not indemnify or hold harmless the City under the terms of this paragraph. 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 PAGES FOLLOW] Executed this 12114 day of 20+ Landowner: Keller ISD P __ bA,� A is-In Name: ' Title:QM' 1✓ ( JAS ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME the undersigned authority, on this day personally appeared known to me to be the person and officer whose name is subscribe to the foregoing instrument, and ackWwleciged to me that he executed the same as the act and deed of F(-M&TIp(, a 1, y(,� for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this JZO-day of ' 2016. &U� Notary Public in and for the CAD EW B.WNf TED *; as MY COMMISSION EXPIRES ,Nine 17,2018 4t STORMWATER FACILITY MAINTENANCE AGREEMENT 7 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. N#1 e of Employee 1 Title v State of Texas Executed this 6� day of ° 201 - f/ City ofort Worth r k� Assist nt City Managers j e5-u5 C bwvO 4 Approved as to Form and Legality SAssistant City Atto ey ,L.E?vij Gia��A N ATTEST ,� Fj�T O� � �Z City ecre V �'XAS STATE OF TEXAS § COUNTY OF TARRANT § T his istrument was acknowledged before me on by ( Z , Assistant City Manager of the City of rt Worth, on behalf of the City of Fhel Work n ! MARIA S SANCHEZ Not Public, State of Texas My Cc.nmission Expires �ry c 1 \ December 19, 2017 OFFICIAL RECORD CITY SECRETARY FT.'6NOR H,TQC STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.1272912014 EXHIBIT "Al") INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.1212912014 Page 1 of 6 D216243348 1011712016 4:15 PM PGS 6 Fee: $36.00 Submitter: XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records � o-�!Y�o,,�• :, Mary Louise Garcia Thompson Road—KISD Site City Project No.: 100371 Parcel#9 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT DATE: September 15th, 2016 GRANTOR: KELLER ISD GRANTOR'S MAILING ADDRESS (including County): 350 KELLER PARKWAY KELLER, TX 76248 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion of that certain tract situated in the William McCowen Survey, Abstract No. 999, being part of the 365.224 acre tract of land described as "Tract 1: Property Index No. 70 (North Fort Worth — NE)" in contribution warranty deed to Basswood35 Land, LLC, dated August 24, 2015, as recorded in Document Number 0215190571, Deed Records of Tarrant County, Texas, and being more particularly described in Exhibits "A" and "B" (0.509 acres) Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, PERMANENT DRAINAGE FACILITY EASEMENT Rev.06102}2014 I Page 2 of 6 pipelines,junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions, rock rip-rap, drop structures and access ramps, and other erosion control measures in, upon, under and across a portion of the Property and more fully described in Exhibit "A" and "B" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (I1) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the Facility and its appurtenances. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. Under Chapter 21, Subchapter E of the Texas Property Code, as amended, the Grantor or the Grantor's heirs, successors, or assigns, may be entitled before the 10th anniversary of the date of this acquisition to repurchase the property or request certain information about the use and any actual progress made toward the use for which the property was acquired under this easement instrument, and the repurchase price will be the price the City paid the Grantor in this acquisition. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT DRAINAGE FACILITY EASEMENT Rev.0610212014 Page 3 of 6 GRANTOR: KELLER ISD GRANTEE: City of Fort Worth Name: 5Stevepoke,Director Title: Keller ISD Board President Property Management Department APP VED AS TO FORM AND LEGALITY Assolant Cil6Adorrey ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned auth Sit,ra Not r Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subsc I edM-T—� or oing instrument, and acknowledged to me that the same was the act of and thataf he executed the same as the act of said Pl �ir � for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ; �* day of 20� iR r y4 CATHERnE&WHITED * MY COMMISSION EXPIRES -4 JUN 17,M16 �Bt Notary Public in and for the State of Texas PERMANENT DRAINAGE FACILITY EASEMENT Rev.0610212014 Page 4 of 6 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Steve Cooke, Director, Property Management Department, City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 1b. Notary Plublic in and fdr"Ifie State of Texas ApNy Nli �•," , RICARDO SALAZAR, p ,'�: Notary Publ;C.Stare of texas z; �= My Commission Expires Februaey 25. 218 PERMANENT DRAINAGE FACILITY EASEMENT Rev.06/0212014 Page 5 of 6 EXHIBIT "A" METES AND BOUNDS DESCRIPTION (PAGE I OF 2) BEING 0.509 acres of land situated in the William McCowan Survey,Abstract No. 999,Tarrant County, Texas, and being a portion of a tract of land described as "Tract 1" in the deed to Keller Independent School District, as recorded in Document Number 13215278100, Deed Records of Tarrant County,Texas (D.R.T.C.T), said 0.509 acre tract of land being more particularly described as follows: COMMENCING at a found 5/8-inch iron rod with yellow cap stamped "DUNAWAY ASSOC. LP" (herein referred to as found 5/8-inch iron rod with cap) for the most northerly northeast corner of said Keller Independent School District tract, said point being on the south line of a tract of land described as "Tract 2"(called 5.826 acres) in limited warranty deed to Hillwood Multifamily Land, LP, as recorded in Document Number D211298926, D.R.T.C.T.; THENCE South 00 degrees 54 minutes 24 seconds East, departing said south line and along an east line of said Keller independent School District tract, a distance of 269.26 feet to a found 5/8- inch iron rod with cap for corner; THENCE South 34 degrees 34 minutes 05 seconds East,continuing along said east line, a distance of 104.42 feet to the POINT OF BEGINNING; THENCE South 34 degrees 34 minutes 05 seconds East, continuing along said east line, a distance of 112.17 feet to a found 5/8-inch iron rod with cap for corner on a north line of said Keller Independent School District tract; THENCE South 55 degrees 25 minutes 55 seconds West, along the north line of proposed Thompson Road (80' right-of-way), a distance of 184.49 feet to a point for corner; THENCE North 34 degrees 34 minutes 05 seconds West, departing said north line and crossing said Keller Independent School District tract, a distance of 104.05 feet to a point for corner; THENCE North 28 degrees 49 minutes 10 seconds East, continuing across said Keller Independent School District tract, a distance of 58,93 feet to a point for corner; THENCE North 63 degrees 19 minutes 50 seconds East,continuing across said Keller Independent School District tract, a distance of 133.06 feet to the POINT OF BEGINNING and containing 0.509 acres (or 22,167 square feet) of land, more or less. `' - OFk. f J \\ftworth\file system\productionSoO\o01900\1997\001\Design\Drawings\Easements\,Pdetes ancf Bot Se}ji{�1�t1f t and Bounds.doc Page 6 of 6 LEQEND Hillwood Multi-Family land,LP "Tract 2"(Called 5.826 Acres) 5/8"IRF DENOTES: Document#D211298926 FND. 5/8" IRON ROD WITH D.R.T.C.T. YELLOW CAP STAMPED "DUNAWAY ASSOC. LP" o TOO zao POINT OF COMMENCING FNO. 5/8" IRON ROD WIM CAP STAMPED "RUNAWAY ASSOC. LP" SCALE: 1 100 ft. N89 05'36"E 385.32' V+ Remainder FOUND p srAMPEa Da {t�at�e� "Tract 1BasswPood35 Land,LLC MTH'BURY+PARTNERS" �$ g9 party Index No.70 g (North Fort Worth-NE) �O Document#D215190571 C4 ��l1laP SCCA OCOCtD.R.T.C.T. N .101f.•' ,w LD DRAINAGE �'� �"� 6 Keller Independent o EASEMENT ,.- x School Dist,ict 22,167 SQ, FT. "Tract 1" 0.509 ACRE �K""' TF'����""":�t,•'.' z Document#D215278100 g D.R.T.C.T. � o POINT OF IRF BEGINNING y� IRF 3 .�¢ S34'34'05"E i 104.42' 153-06 534'34'05"E 112.17' v a N28 49'10'£ IRF 58.93' 0 Q- i h9 0� N34134'05"IN �j'g� ea� Remainder BEARINGS SHOWN ARE BASED UPON 104.05' S h2 t D�O� y pQ Basswood35 Land, LLC THE TEXAS STATE PLANE COORDINATE //�Q "Tract i"Property index No.70 �f $ SYSTEM (NAD83), NORTH CENTRAL (North Fort Worth-NE) ZONE 4202, AND BY GPS Document#D215190571 a OBSERVATIONS MADE ON THE GROUND. D.R,T.C,T, i g EXHIBIT"B" 8 A METES AND BOUNDS DESCRIPTION Of: Being a 0.509 acre tract of land situated in 8 EVEN DATE ACCOMPANIES THIS DRAWING the William McCowen Survey, Abstract Number 999, Tarrant County, Texas, being a portion of the tract of land described as "Tract 1" in the deed to Keller Independent School District Aw DUNAWAYrecorded in Document Number D215278100, Deed Records, Tarrant County, Texas 550 Bailey Avenue •SUI1e 400•Fort Worth,Texas 76107 Tel:817,335.1121 •Fax:817.335.7437 (TXREG.F-11141 8001997.001 PAGE 2 OF 2 It 4 <<�I Q u ° O _3 o c g a f0 "O _veo A o a O O m c v e a ^+" m / I:• 5 Lon r °� 3c`�E` eg• z �e LL E in o oars=� p ornoNSo 9 3 r C L O Ua wz h ~ E o" LL Z wo "� � \ IVghYrylh � zn- - .W •^�'�hhrt tl�''2U _ m vZ `Jgp m��v^•�j�w V m� WOK i:£6 `\ `\\• SS`�S\ ^ty K�iW�m Z�4a0"� O 5txm w o..�sFE •9Z'69L 3L*1.*&OS sz\ oil zz: g !) a4In` m o 1 8 S g � ma a g m MON1 M-S t 9 h••�nh �n M . 8 Wa wa `o ef€ eW3'h` 7i = k _ �E`s..= o 'A °r @ '3 b �i'�GGg o o C W 56 is € M P €g.s 9M i� ig ' P us m ^a3dz dxge /\ 4 / € RH. 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J I _HaZiMqq �llU 9CUOOM5SY8 � as1d3113H 0141M 8INIHINNU go'n Ill Ig N GI \ I `�• �j � ~I sa w -1MIRI I y iv LO LLJ �i �y , ,//� I 1 II I i � � Ws,-` � Int i f C i 3d i i i• ,: sp I 1 p ."�;.iad 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 10 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-Rap Condition of filtration system STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.12/29/2014 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 12 Rev.12/29/2014