HomeMy WebLinkAboutContract 49541 �� g 101,
CITY SECRETARY
CONTRACT NO. 4_�_d4l
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STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of 2011,
by and between Eagle's View Church, 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 8.317 acre tract located in the Heirs of Benjamin Thomas Survey, Abstract
No. 1497, Tarrant County, Texas according to the deed recorded in County Clerks
Instrument No. D210303929, Deed 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 Eagle's View Church 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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.12129/2014 CITY SECRETARY 1
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.1212912014
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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
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.12/29/2014
Executed thisCkoay of 6.
CITY:
City of Fort Worth
,�--SvS Chea_
Assistant City Manager
Approved as to Form and Legality
Sit Assistant City Att rney, [e NN A" Wp��
o:
ATTEST >'
City 'ecreto
LANDOWNER: NO M&C REQUIRED
Eagle's View Church
Signature
Bart Howell
Name
Lead Pastor Pis D�.cf r
Title
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on l�r.L e u S1 /b;2a,f7 by
J�S�cs J �� `� , Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
TRIKINYA L JOHNSON `
r=`.• `�;Notary Public, state of Texas UIL
"Z Comm.Expires 04-17-2018 Notary P blit, S e of Texas
Notary ID 1238832-0
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
2016, 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
hard®uaz�' , and that he executed the same as its
pres�en�' �a0.d �✓�.s�o,,. and as the act of such C4h do�,,,.o,,. and for the purposes and
consideration expressed in the foregoing instrument.
-.-- --------
DAVID VILLA N
. NOTARY PUBLIC STATE OF TEXAS Notary Public, State of Texas
MY COMM,EV 4121118
NOTARY ID 12979202-7
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
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.
Name of Employee
.�>SA-
Title
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Exhibit"A"
Storm Water Facilities
Maintenance Agreement
BEING a portion of that tract of land situated in the Benjamin Thomas Survey,Abstract Number 1497,
and the G.T. Walters Survey,Abstract Number 1696,Tarrant County,Texas described by deed to Eagle's
View Church Inc.,recorded in Instrument Number D210303929, County Records, Tarrant County,Texas
and being more particularly described by metes and bounds as follows;
COMMENCING at the southeast corner of said Eagle's View tract, being in north line of Bailey
Boswell Road(in use as a public road), from which a 1/2 inch iron rod with plastic cap stamped
"MOAK", found at the northwest corner of Lot 9,Block 2,Twin Mills, an addition to the City of Fort
Worth,recorded in Instrument Number D205084828, said County Records bears N 00'07'1 1"W, 169.72
feet;
THENCE S 89054'00"W, 172.13 feet, with the south line of said Eagle's View tract;
THENCE N 00006'00"W, 19.77 feet, departing said south line,to the POINT OF BEGINNING;
THENCE N 89051'01"W,214.99 feet;
THENCE S 00°09'30"W,20.71 feet,returning to said south line;
THENCE S 89054'00"W,252.40 feet,with said south line,to the southwest corner of said Eagle's View
tract,being the southeast corner of the remainder of that tract of land described by deed to DBE Realty
Investments, Ltd.,recorded in Volume 16417,Page 167 (EXHIBIT"D"), said County Records,and being
in the approximate centerline of Centerboard Lane(in use as a public road);
THENCE N 00022'59"W, 50.00 feet,with the common west line of said Eagle's View tract and the west
line of said DBE Realty tract, from which a 1/2 inch iron rod found,bears N 01 049'30"E, 773.86 feet,the
southwest corner of Lot 31,Block 2,Twin Mills,an addition to the City of Fort Worth,recorded in
Cabinet A, Slide 11720, said County Records;
THENCE N 89054'00"E,219.85 feet,departing said common line;
THENCE N 00007'08"E,61.63 feet;
THENCE EAST, 168.11 feet;
THENCE S 53030'33"E, 37.53 feet;
........ ................A.
`
THENCE S 89059'56"E, 93.87 feet; . TED ...GQSSETT, r
\ �%� o� 5991 -
THENCE S 41054'34"E, 36.25 feet;,
THENCE WEST, 55.57 feet; -
THENCE S 45000'00"W, 18.38 feet;
THENCE SOUTH, 29.12 feet to the Point of Beginning and containing 34,416 square feet or 0.790
acres of land more or less.
"Integral parts of this document"
1. Description
2. Exhibit
Peloton Job No. CMA 14001 Tracking No.N/A
TARRANT May 05,2016
G:\J013\CMAI400I.0_EAGLE VIEW CHURCH\SUR\LEGAL\CMA14001_EXI.DOCX Pagel of 2
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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.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-
Ra
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.12/29/2014
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.12/29/2014
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