HomeMy WebLinkAboutContract 49459 3456,
CITY SECRETARYL �-
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CONTRACT NC.
"32011
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9� STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day ofpwuaL
by and between Hunt Southwest—Carter, LLC, acting by and through
T. Preston Herold, Vice President of Hunt Southwest Real Estate Development, LLC, the
sole member of Hunt Southwest — Carter, LLC, 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 19.01-acre tract located in the John D. Hudson Survey, Abstract 741,
Tarrant County, Texas according to the deed recorded in Instrument Number
D217136174, Official Public Record, Tarrant County, Texas, hereinafter called the
"Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Subdivision Plan known as Lot 1R3, Block 4, Carter Industrial Park
Addition 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
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD .
Rev.11/17!2016 CITY SECRETARY
FT.WORTH, TX
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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 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 malting reference to
this Agreement.
6. This Agreement imposes no liability of any hind 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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.11/17/2016
.th
Executed this 5 day of J L4 LY 2017
Hunt Southwest—Carter LLC
its sole member
By:
Name: T. Preston Herold
Title: Vice President
STATE OF TEXAS §
COUNTY OF� §
Before me, the undersigned authority on this 5 day of
, 20_Q , personally appeared T. Preston Herold, known to me to be
the pers n whose name is subscribed to the foregoing instrument and acknowledged to me
that the same is the act of Hunt Southwest- Carter, LLC, and that he executed the same as
the Vice President of Hunt Southwest Real Estate Development, LLC, the sole member of
Hunt Southwest — Carter, LLC, and as the act of Hunt Southwest — Carter, LLC, and for
the purpose and consideration expressed in the foregoing instrument.
c
KATHY H MCDANIEL otary P blic, Std e of Texas
My Commission Expires
I:OF -
April 21,2019 �(
W RP
STORMWATER FACILITY MAINTENANCE AGREEMENT rJ
Rev.11/17/2016
City of Fort Worth
By:
Jesus J. Chapa
Assistant City Manager
Approved as to Form and Legality
By:
Ass i ant City Ado ey
ATTEST Of F0
By:
�l
Aq(.City S cretary
aS
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 Worth, o behalf of the City of
Fort Worth.
eO�Rv n`9�C
MARIA s SANCHEZ Not ry Public, State of Texas
My Ccmmission Expires
December 19, 2017
r, �e
OI:FIC1A1.RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/17/2016 �•WORTH,TX
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.
.,�
]lame of Employee
Title
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
LEGAL DESCRIPTION
BEING a tract of land situated in the J. HUDSON SURVEY,Abstract No. 741, City of Fort Worth, Tarrant County,
Texas and being a part of Lot 1 R3, Block 4 of Carter Industrial Park Addition, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat thereof recorded in Instrument No. D217131478 of said Official Public
Records, same being a part of a tract of land described in deed to Hunt Southwest-Carter, LLC, as recorded in
Instrument No. D217136174 of said Official Public Records and being more particularly described by metes and
bounds as follows:
COMMENCING at a 1-1/4" iron rod found at the northeast corner of said Lot 1 R3 and at the southeast corner of
Lot 1-AR, Block 4 of Carter Industrial Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas
according to the plat thereof recorded in Cabinet A, Slide 5190 of the Plat Records of Tarrant County, Texas and
on the west right-of-way line of Will Rogers Boulevard, having a 110' right-of-way from which a 1-1/4" iron rod
found at the northwest corner of said Lot 1R3 and the southwest corner of said Lot 1-AR and on the east
right-of-way line of Missouri Pacific Railroad Company, having a 53' right-of-way bears South 89°27'55" West,
along the north line of said Lot 1 R3 and south line of said Lot 1-AR, a distance of 1197.78 feet;
THENCE South 14°13'46" West, over and across said Lot 1R3, a distance of 102.53 feet to the POINT OF
BEGINNING of easement being described;
THENCE over and across said Lot 1133,the following:
k
South 240'14"East,a distance of 89.00 feet to a point at the beginning of a tangent curve to the right; i
i
In a southwesterly direction, with said curve to the right having a central angle of 143°03'03", a radius of
34.00 feet, an arc distance of 84.89 feet and a chord bearing and distance of South 68°51'18"West, 64.50
feet to a point for corner;
yI
C
North 39°37'11"West,a distance of 39.19 feet to a point at the beginning of a tangent curve to the left;
In a northwesterly direction,with said curve to the left having a central angle of 50°29'58", a radius of 100.00
feet, an arc distance of 84.89 feet and a chord bearing and distance of North 64°52'10"West, 85.31 feet to a
point for comer,-
South
orner;South 89°52'52" West, a distance of 486.53 feet to a point at the beginning of a non-tangent curve to the
right;
In a northwesterly direction, with said curve to the right having a central angle of 4°16'41", a radius of 140.00
feet, an arc distance of 10.45 feet and a chord bearing and distance of North 88°22'18"West, 10.45 feet to a
point for corner;
North 86°16'30"West,a distance of 97.35 feet to a point at the beginning of a non-tangent curve to the left;
In a northwesterly direction, with said curve to the left having a central angle of 1°40'38", a radius of 200.00
feet, an arc distance of 5.85 feet and a chord bearing and distance of North 87°10'10"West, 5.85 feet to a
point for corner;
°EgFa9. DRAINAGE EASEMENT
4 part of Lot 1 R3, Block 4
...................
JAMES PAUL WARD � •JAMESPAl1LV1'ARq CARTER INDUSTRIAL PARK ADDITION
REGISTERED PROFESSIONAL •••!•A•5606•. •r•••
LAND SURVEYOR NO. 5606 `9••ROFsssioN�•oQ, City of Fort Worth, Tarrant County, Texas
801 CHERRY STREET, UNIT 11 SUM
SUITE 950 Kimley))) Horn
FORT WORTH, TEXAS 76102 801 Cherry Street,Unit l 1,#950 Tel.No.(817)335-6511
PH. 817-335-6511 Fort Worth,Texas 76102 FIRM#10194040 ww .klmley-hom.com
Stele I Drawn by I Checked by Date P o eU No. Sheel No.
paul.ward@kimley-horn.com ��- -2v N/A FCN JPW I 0510612017 1 061290502 1 OF4
NANCE,FORREST 6/20/2017 7:32 AM KAFTPURVEY106i 200502-CARTER HU NT1D WG1061290502 CARTER HUNT-STOR MWATFI2 FAC WTY MAINTENANCE AGREEMENT.DWG
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i
North 88°00'29"West,a distance of 133.80 feet to a point at the beginning of a tangent curve to the right;
In a northwesterly direction, with said curve to the right having a central angle of 87°29'01", a radius of 10.00
feet, an arc distance of 15.27 feet and a chord bearing and distance of North 44°15'58"West, 13.83 feet to a
point for corner;
North 0°31'28"West, a distance of 46.79 feet to a point at the beginning of a tangent curve to the right from
which said 1-1/4" iron rod found at the northwest corner of said 19.00 acre tract bears North 76°08'49"West,
over and across said 19.00 acre tract,a distance of 278.62 feet;
In a northeasterly direction, with said curve to the right having a central angle of 90°05'04", a radius of 10.00
feet, an arc distance of 15.72 feet and a chord bearing and distance of North 44°31'04" East, 14.15 feet to a
point for corner,
i
North 89°33'36"East,a distance of 851.71 feet to a point at the beginning of a tangent curve to the right;
I
In a southeasterly direction, with said curve to the right having a central angle of 87°57'38", a radius of 40.00
feet, an are distance of 61.41 feet and a chord bearing and distance of South 46°39'46"East,55.55 feet to the
POINT OF BEGINNING and containing 1.7840 of an acre or 77,712 square feet of land.
DRAINAGE EASEMENT
part of Lot 1 R3, Block 4
JAMES PAUL WARD CARTER INDUSTRIAL PARK ADDITION
REGISTERED PROFESSIONAL City of Fort Worth, Tarrant County, Texas
LAND SURVEYOR NO.5606
801 CHERRY STREET, UNIT 11
KiPVml >>> Horn
SUITE 950
FORT WORTH, TEXAS 76102 801ChorrySlreel,Unit i1.0950 Tel.No.(817)335-0511
PH. 817-335-6511 Fort Worth,Texas 76102 FIRM 810194040 www.kimle.v-hom.com
Scale Drawn by I Checked by I Dale I Proledo. Sheet No
paul.ward@kimley-horn.com N/A FON I JPW I itsmea017 1 081290502 1 2oF4
NANCE.FORREST 6t2012017 7:32 AM K:1FTW SURVEY1061290502-CARTER HUNT%D WG1061290502 CARTER HUNT-STORMWATER FACILITY MAINTENANCEAGREEMENT.DM
LOCATION MAP
NORTH
r
0 50 100
I
GRAPHIC SCALE IN FEET
I
1
f
19.584 ACRES
LOT 1-AR,BLOCK '
CARTER INDUSTRIAL PARK ADDITION
CABINET A,SLIDE 5190 ❑
' PRTCT
P.O.C. Q
1-1/4"IRF W
889027'55'W 1197.78'
�- P.O.B.
..►: O ..M
L7 C� Im o
d lL
1 1w v M
L3 p a
DRAINAGE EASEMENT 2 z
08 1.7840 ACRES
f
=I= 77 712 SQ. FT. �•• —
2 z c1
m'm HUNT SOUTHWEST-CARTER,LLC
D INSTRUMENT NO.D217136174 j
m m OPRTCT
4p103 LOT 1R3,BLOCK
' CARTER INDUSTRIAL PARK ADDITION
INSTRUMENT NO. D217131478
LINE TYPE LEGEND OPRTCT
BOUNDARY LINE
EASEMENT LINE
LEGEND
P.O.C.=POINT OF COMMENCING DRAINAGE EASEMENT
P.O.B.=POINT OF BEGINNING part of Lot 1 R3, Block 4
CIRF=CAPPED IRON ROD FOUND
IRF=IRON ROD FOUND CARTER INDUSTRIAL PARK ADDITION
DRTCT=DEED RECORDS TARRANT COUNTY,TEXAS City Of Fort Worth, Tarrant County, Texas
OPRTCT=OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS
PRTCT=PLAT RECORDS TARRANT COUNTY TEXAS
NOTES Kim I e * Horn
Bearing system based on the Texas Coordinate System of 801 CherrySheet,Unit 111#950 Tel No.(817)335-6511
1983,North Central Zone(4202),North American Datum of Fort Werth,Texas 76102 FIRM#10194040 www.kimley-hom.com
Stele Dravm by Checked by Data Proecl No. S eef o
1983. 1"=100' FCN JPW 0510x12017 061290502 3OF4
NANCE,FORREST 6!20/2017 7:32 AM K:1FT W SURVEYX061290502-CARTER HUNTIDWW61290502 CARTER HUNT-STORMWATFR FACILITY MAINTENANCE AGREEMENT.DWG
i
I
LINE TABLE CURVE TABLE
NO. BEARING LENGTH NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
L1 S02°40'14"E 89.00' C1 143°03'03" 34.00' 84.89' S68°51'18"W 64.50'
L2 N39°37'11"W 39.19' C2 50°29'58" 100.00' 88.14' N64°52'10"W 85.31'
L3 S89°52'52"W 486.63' C3 4°1641" 140.00' 10.45' NBB°22'18"W 10.45'
I L4 N86°16'30'W 97.35' C4 1°40'38' 200.00' 5.85' N87°10'10"W 5.85'
L5 N86000'29'W 133.80' C5 87°29'01" 10.00' 15.27' N44°15'58"W 13.83'
L6 NOO°31'28'Vlf 48.79' C6 90°05'04" 10.00' 15.72' N44°31'04"E 14.15'
L7 N89°3336"E 851.71' C7 87°57'38" 40.OD' 61.41' S46°3946"E 55.55'
K� L8 S14°13'46W 102.63'
G I t,9 N78°08'49'W 278.62' 19.584 ACRES
LOT 1-AR,BLOCK 4
CARTER INDUSTRIAL PARK ADDITION
CABINET A,SLIDE 5190 '
PRTCT
1-1/4'IRF S89027'55"W 1197.78'IL
'
N
3 C9 t,9 wpmC;0 � t,7
CA�i tD
00
-' S C4 L4 C3 L3
z DRAINAGE EASEMENT > >
1.7840 ACRES n'0
HUNT SOUTHWEST-CARTER, LLC = _
P- INSTRUMENT NO. D217136174 77,712 SQ. FT. r r
OPRTCT Z Z
LOT 1 R3,BLOCK 4 RI m
CARTER INDUSTRIAL PARK ADDITION A-0
��° INSTRUMENT NO. D217131478 D
NORTH OPRTCT M ITI
GRAPHIC SCALE IN FEET -P W
1
LINE TYPE LEGEND
BOUNDARY LINE
EASEMENT LINE
LEGEND
P.O.C.=POINT OF COMMENCING DRAINAGE EASEMENT
P.O.B.=POINT OF BEGINNING part of Lot 1 R3, Block 4
CIRF=CAPPED IRON ROD FOUND
IRF=IRON ROD FOUND CARTER INDUSTRIAL PARK ADDITION
DRTCT=DEED RECORDS TARRANT COUNTY,TEXAS City of Fort Worth, Tarrant County, Texas
OPRTCT=OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS
PRTCT=PLAT RECORDS TARRANT COUNTY TEXAS
NOTES Kimigy)OHorn
Bearin stem based on the Texas Coordinate S stem of 801 Cherry Street,Unit 11, Tel.No.(817)3355511
9 system - System- Fort Worth,Texas 76102 FIRM#10194040 wwwAlmley-hom,com
1983,North Central Zone(4202),North American Datum of Scale Drawn by Checked by Date Project No. Seo °.
1983' 1'=-100' FCN JPW 05108/2017 061290502 4eO
NANCE,FORREST 6/2012017 7:32 AM K:iFTWSURVEY1061290502-CARTER HUNTID WG1061290502 CARTER HUNTSTORMWATER FACILITY MAINTENANCE AGREEMEN7.DWG
Exhibit "B"
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
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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 9
Rev.11117/2016
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
pond
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
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 11
Rev.11/17/2016
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