HomeMy WebLinkAboutContract 49542 CITY SECRETARY (
CONTRACT NO. ``11
891
RECEIVED
a AUG 2 2 2017
CITY OF FORT WORTH STORMW ATER FACILITY
�y CaYSE*ETARY � MAINTENANCE AGREEMENT
<<o� A�q. as
AGREEMENT, made and entered into this day of 7t nT�_, 2017, by and between
Renaissance Square, 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 1.97 acre tract located in the Thompson Survey, Abstract 1499, Tarrant County,
Texas according to the deed recorded in Volume 204-A, Page 144, 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 known as Murphy Oil Express 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 1 OFFICIAL RECORD
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 grading plan and storm plan,
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
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 AND ITS SUCCESSORS AND ASSIGNS AGREE TO HOLD THE
CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND ITS SUCCESSORS AND
ASSIGNS COVENANT AND AGREE AND DO 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 DIRECTLY RESULTING FROM THE FAILURE OF LANDOWNER OR
ITS SUCCESSORS AND ASSIGNS TO MAINTAIN THE FACILITY, INCLUDING,
BUT NOT LIMITED TO IMPROPER MAINTENANCE OF THE BED AND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
BANKS OF THE DETENTION POND OR ANY DAMAGES CAUSED TO PERSON
OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS DUE TO IMPROPER MAINTENANCE BY LANDOWNER OR ITS
SUCCESSORS AND ASSIGNS„ (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
Executed thiJway of G 2p
City of Fort Worth
Assistant City Manager
Approved as to Form and Legality
SR. ssistant City Attey
RT "ANN b. &.ub%"
��O •�!O,Q� ATTEST
v ' City Seer t
NO M&C REQUIRED
LANDOWNER:
RENAISSANCE SQUARE,LLC,
a Texas limited liability company
By:Moriah Real Estate Company,LLC,
a Texas limited liability company,
its Manager
B {
Alf ed C. Branch, President
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
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 reportin requirements.
7anie S. Morales
Development Manager
CFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
uS , Assistant City Manager of the City of Fort 'W46i, on behalf of the City
of Fort Worth.
�``aYPi;'• TRIKINYA L JOHNSON
P
Notary Public,state of Texas
Notary ublic, to of Texas
Comm. Expires 04-17-2018
Notary ID 1238832-0
STATE OF O Vt.A qy v` -4 §
COUNTY OF , O V4-AyW wt §
This instrument was acknowledged before me this o` -- day of ��n� , 2017, by Alfred
C. Branch, the President of Moriah Real Estate Company, LLC, a Texas limited liability company,
the Manager of RENAISSANCE SQUARE. LLC, a Texas limited liability company, on belialf of
said limited liability companies,
NO RY PUBOC
BROCK LYTTON
Notary Public-state of Oklahoma �a
Commission Number 13001545 My Commission Expires:
My Commission Expires Feb 14, 2021
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
EXHIBIT"A„
BEING a 0.3021 acre tract of land located in the Alex Thompson Survey, Abstract No. 1499, City of Fort
Worth,Tarrant County,Texas,said 0.3021 acre tract of land being a portion of LOTS 7,8 and 9, BLOCK 3,
BURCH-HILL ADDITION, being an Addition to the said City and State, according to the plat thereof filed
for record in Volume 204-A, Page 144, Plat Records,Tarrant County,Texas, said 0.3021 acre tract of land
also being a portion of those certain tracts of land conveyed to RENAISSANCE SQUARE, LLC, by the
deeds thereof filed for record in Tarrant County Clerk's Instrument No. D2120211906 and D212032120,
Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.3021 acre tract of land also being a
portion of an existing 15 feet wide public alley way, as shown on said plat of Burch-Hill Addition, to be
abandoned by future City Ordinance, said 0.3021 acre tract of land being more particularly described by
metes and bounds as follows:
BEGINNING at a Texas Department of Transportation aluminum monument found (Controlling
Monument) at the intersection of the north line of the said alley way with the existing southwest right-
of-way line of US Highway No. 287(being a variable width right-of-way also known as Martin Luther King
Freeway, a portion of said right-of-way being conveyed to the City of Forth Worth, by the deeds thereof
filed for record in Tarrant County Clerk's Instrument No. D213157340 and D212105973, O.P.R.T.C.T.),
said beginning point having a NAD83 Texas North Central Zone (4202)grid coordinate of N:6,944,802.07
and E:2,343,434.84;
THENCE along the said existing southwest right-of-way line of US Highway No. 287 the following courses
and distances:
South 59°20'05" East, a distance of 29.16 feet to 5/8 inch iron rod with a cap stamped
"SPOONER&ASSOCIATES" set(hereinafter referred to as an iron rod set);
South 57°52'27" East, a distance of 88.83 feet to an iron rod set at the intersection of the said
existing southwest right-of-way line with the west line of an existing 15 feet wide alley way, as
shown on said plat of Burch-Hill Addition;
THENCE South 00°17'21" East, departing the said existing southwest right-of-way line and along the said
west alley way line, a distance of 74.85 feet to an iron rod set at the intersection of the said west alley
way line with the existing north right-of-way line of East Berry Street (being a variable width right-of-
way, a portion of said right-of-way being conveyed to the City of Fort Worth, by the deeds thereof filed
for record in Tarrant County Clerk's Instrument No. D212105973 and D213157353, O.P.R.T.C.T.);
THENCE North 89°29'34"West, along the said existing north right-of-way line,at a distance of 75.01 feet
passing a 1/2 inch iron rod with a cap stamped !WAI" found, and continuing along the said existing
north right-of-way line, in all a total distance of 122.00 feet;
THENCE departing the said existing north right-of-way line of East Berry Street, over and across the
aforesaid Block 3 the following courses and distances:
North 00°30'26" East, a distance of 107.73 feet;
Page I of 3
North 35"51'03" East,a distance of 34.74 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.3021 acres (13,159 square feet)
of land, more or less.
NOTE: The bearings recited hereinabove are based on NAD83 Texas State Plane Coordinate System,
Texas North Central Zone(4202). All distances and areas recited hereinabove are surface.
All property corners denoted as "set" shall be set upon the approval of the proposed preliminary plat of
Burch-Hill Addition, City Case No. FS-16-162.
Surveyed on the ground during the month of April, 2016.
STr4-
sk
7, 7, 1 =7 k
< ERIC S. SPOONER >
Eric S.Spoo er P.L.S. Date q /
Texas Registration No. 5922 <, 'Po' oa" Q
q f55�
TBPLS Firm No. 10054900 �suRq
Spooner&Associates, Inc.
309 Byers Street,Suite 100
Euless,Texas 76039
(817)685-8448
S&A Job No. 16-053
Page2uf3
0 15' 30' MAP OF EXHIBIT nA LINE TABLE
SEE ATTACHED METES AND BOUNDS
DESCRIPTION ON PAGES 1&2 HEREIN NO. j DIRECTION DIST.
GRAPHIC SCALE IN FEET CALLED:0.027ACRES L1 S59°20'05"E 29.16'
1"=30' —THE CITY OF FORT WORTH --T
T,C.CL NO.213157340, L2 S00"17'21"E 74.85'
O.P.R.T.C.T.
2jl� L3 ' N35'51'03"E 34.74'
LOT 19 LOTR.O.W. POINT OF 44�r o�r�
`f BEGINNING ti
N.6,944,802.07
E.-2,343,434.84 TXDOT ALUM. cSQ /y
(NAD83-GRID) MON.FND.(CM ���. "91s+ Q
7 1 9s
/ CALLED 0.027ACRES
EX. 15'ALLEY WAY THE CITY OF FORT WORTH
(TO BE ABANDONED T C.C.L NO.D212105973,
BYFUWT(IRECITY O.P.R.T.C.T.
ORDINANCE) I 2?j4
W `8
LOT 10 LOT 9
BLOCK 3, �,, j EXHIBIT'A"
BURCH-HILL ADDITION I^. 0.3021 ACRES I
VOL. 204-A, PG. 144, (13, 159 SQ. FT.) �
P.R.T.C.T. I
ui Z 3 Q
LOT 7 W w
p LOT 8
c+•) I II+! Q U
O I 1 I _71� Q
CD 1 J OWNER: I v 2 N a—
(—RENAISSANCE SQUARE, LLC
OWNER: T.C C I. NO. D212032120,
RENAISSANCE SQUARE,LLC 1 O.P.R.T.C.T.
rLT.C.CI. NO. D210211906, '
O.P.R.T.C.T. I 1/2'CIRF ——LOT LINE
EX.R.O.W. N89°29'34"W- 122.00' ` cIRS
CALLED:0.060 ACRES (VARIABLE WIDTH R.0.W.) CALLED:0.015 ACRES
THE CITY OF FORT WORTH , THE CITY OF FORT WORTH
T C.C.I.NO.D213157353, EAST BERRYSTREET T.C.CI.NO.D212105973,
O.P.R.T.C.T. O.P.R.T.C T.
EXHIBIT"A"-CITY OF FORT
WORTH, TARRANT COUNTY, TEXAS Pc�.�•�E•.rF
THE BEARINGS SHOWN HEREON ARE BASED ON NA083 TEXAS
� �,��` uj•Q�G *Rfo �N
NORTH CENTRAL ZONE(4202), DERIVED FROM GPS RTK SPO . ..............
OBSERVATIONS USING THE NORTH TEXAS VRS NEWTORK �� S.SPOONER
(MAINTAINED BY WESTERN DATA SYSTEMS). ERIC.
PROPERTY- BLOCK 3,6URCH-HELL ADDffiION REGISTERED PROFESSIOMAL LAND SURVEYORS •, 5922AOC ,•
LOCATION;CITY OF FT.WORTH.TARRANT CO.,TEXAS • x' • �' .Po s I oa O�
WHOLE PROPERTY ACREAGE:1.147 ACS(CALC) 309 BYERS STREET,SUITE 100,EULESS,TEXAS 76039 9 V�y
ACAD FILE:16-053 DRAIN&DETEN ESMT.dwg (817)685,W8 WWW.SPOONERSURVEYORS.COM
S&A JOB NO.: 16-053 DRAWN BY: C.R.R. pG 3 OF 3 TBPLS FIRM N0.10054900
DATE: 0710712017 CHECKED BY: E.S.S.
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Exhibit"B"
GRADING PLAN AND STORtiI PLAN
[The Grading Plan and Storm Plan Follow this Cover Page]
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
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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 11
Exhibit"D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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 12
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 13
4R51_1077-51 i 3v i