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Home My WebLink AboutContract 50080 CITY 85CRETARY CONTRACT NO. DOE # EO STORMWATER FACILITY �F F0� �PRI MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of � � —7 , by and between Mereken Land & Production Company, acting by and through Larry Kalas as President, Mereken Land & Production Company, 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 2.8 acre tract located in the J. Hudson Survey, Abstract No. 741, and the G. Man Survey, Abstract No. 1094, Tarrant County, Texas according to the deed recorded in instrument number D199179196, 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 Lots 5R1AR, 5R1C, and 5R1D, CARTER INDUSTRIAL PARK 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 a fined by the OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev.11117/2016 ff.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 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.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 Executed this day of 1 20 Landowner City of Fort Worth Name: kaAO1s _ Assistant City Manager Title: / n " Approved as to Form and Legality 92 Assistant City Atto ey j„�N,v b A T a,0,1? ity Secretary U •* M&C: *` 1295:- OFFICIAL 295:_OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 5 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on -7by i3es15 J ekyAg�,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. '�^vPEZ ARIA ryjp 2258490 Not y Public, State of Texas Expim DK~'i9.2021 o: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 30day of Q V'er4 l 291-,7 personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to mi that the same is the act of Q� Ce L-Q r 77,A ,<a that he executed the same as its and as the act of such/* Gn 1-q � and for the purposes and consideration expressed in the foregoing instrument. `L9 xv-\ DEWEY SCOTT NOLES Notary Publi tate of Texas e`` Notary Public,state of Texas = My Commission Expires "EJuly 14, 2019 OFFICIAL RECORD CITY SECRETARY ff.WORTH,TX 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 Zensng all pe nce and reporting requirements. Janie . Morales Development Manager OFFICIAL RECORD CITY 31CRRTARY FT.WORTH,TX EXHIBIT"A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.12/20/2014 EXHIBIT"A" LEGAL DESCRIPTION PRIVATE DRAINAGE EASEMENT BEING 2.882 acres of land situated in the J HUDSON SURVEY, Abstract No. 741, Fort Worth, Tarrant County, Texas, and being a portion of Lot 5R1A, Block 5, CARTER INDUSTRIAL PARK, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's File No D214015596, of the Official Public Records of Tarrant County, Texas, and being a portion of the tract of land conveyed to Mereken Land and Production Company, by the deed recorded in County Clerk's File No. D199179196, of the Official Public Records of Tarrant County Texas. Said 2.882 acres of land being more particularly described by metes and bounds as follows: COMMENCING at a 3/n iron rod found at the Northwest corner of said Lot 5R1 A, and said point lying in the East right-of-way line of South Freeway(a variable width public right-of-way); THENCE S 000 28' 13"E 114.92 feet, along the West boundary line of said Lot 5R1A, and the East right-of-way line of said South Freeway to a '/?" iron rod marked'Brittain & Crawford" set at the Northwest corner of proposed Lot 5R1 D of said Carter Industrial Park; THENCE S 890 39' 39" E 276.19 feet, to the POINT OF BEGINNING being a '/2" iron rod marked "Brittain & Crawford" set at the Northeast corner of said proposed Lot 5R1 D; THENCE severing said Lot 5R1A, as follows: 11 S 890 39' 29" E 371 57 feet, to a point; 2. S 02° 51' 56" E 275.63 feet, to a point; 3. N 87° 08' 04" E 20.65 feet, to a point; 4. S 02° 51' 56" E 49 13 feet, to a point; 5 S 830 55' 33"W 51 77 feet, to a point; 6 N 06° 04127"W 19.31 feet, to a point; 7 S 83° 55' 33"W 353.40 feet, to a point lying in the East boundary line of Lot 5R1B, Block 5, Carter Industrial Park, an addition to the City of Fort Worth, Tarrant County Texas, according to the plat recorded in County Clerk's File No D214015596, of the Official Public Records of Tarrant County, Texas; THENCE N 000 34' 20"W 349.23 feet, along the East boundary line of said Lot 5R1B, 5R1C and 5R1D, of said Carter Industrial Park, to the POINT OF BEGINNING 1 containing 2.882 acres ;125,524 square feet)of land i CHRIS L.B"NS._ 5792 ..e Ss�p�?P Q G:'301TLEGALS'Carter Industrial Park,Blk 5.Lot 5R]A-Private Dr SUR�� 3/4" IRON JROD FOUND - - - - - _ - - - - _ - - LA POINT OF BEGINNING LOT 5R1A, BLOCK 5 (1/2" IRON ROD MARKED _q ,l CARTER INDUSTRIAL PARK "BRITTAIN & CRAWFORD", SET) f ,I D214015596 1 w I P R.T.C.T. f*1 S 89'39'39E 276,19' 1/2" IRS - - - - - k I � PROPOSED LOT I 5R 1 D z UDSURv� SON No• 741 I o J. STRACT PRIVATE DRAINAGE o EASEMENT z; ' PROPOSED LOT = 2.882 ACRES 5R 1 C '` (125,524 SQ. FT.) °n i � w PROPOSED LOT L1 5R1AR r LOT 5R1 B, BLOCK 5 ^"""3"W 35 •4V L4 ` CARTER INDUSTRIAL PARK D2'4015596 o.R,T.C.T. Course Baring Distance L1 N 8- L2 S J E LC L3 S 8''S5 3; 77 LOT 5R2, BLOCK 5 L4 36 C14 ---, CARTER INDUSTRIAL PARV APPROXIMATE -OCATION D21 1 255234 OF SURVEY LINE---, P.R.T.C,T _ ' HUDSON SURVEY - ABSTRACT No 741 MAIN SURVEY - ABSTRACT No. 1094 `� r MONUMENTATION NOTE LOT 5R1A, BLOCK 5 CARTER INDUSTRIAL DARK ALL CORNERS MARKED i"2" IRS ` v.q•••`J79•...•.•• •• / D214O`5596 �. ARE 1/2 IRON ROD MARKED P.R.T.C.T "BRITTAIN & CRAWFORD , SET ••moo t,?•' - - - - \Cgti;ESS;°•y0� BRITTAIN & CRAWFO EXHIBIT MAP v OFA LAND SURVEYING & II z TOPOGRAPHIC MAPPING PRIVATE DRAINAGE EASEMENT {F,= ,EL (817) 926-021' LOCATED IN BLOCK 5 FAX .O (817) 926-9347 CARTER INDUSTRIAL PARK PBOX. 1137{ 3908 SOUTH FREEWAY FORT WORTH, TEXASaln—c 76710 AN ADDITION TO EMAIL: odminODriltoin—dowtord.com WEBSRE www.brittain—crawford.com THE CITY OF FORT NORTH, F,RM CERTIF;CA'nON# 1019000 TARRANT COUNTY, TEXAS ' SCALE 17=100' 'J.U.a _.Project, _ w j k ■bv-� a. Exhibit B O f!.}flNd A � W TTI N AtOW R! Y PB� ..__r � Y tA�I6 t51 tt Y lI5!'dfSi tll RP 0. r9T4 •x,u V .w.......rr4� -.. 1 �{ A.I�Ml�. 3Tl 34_.... _ ._ __—_ _^__...– _ .. __.._. ��^ iYtieL..f:t�rvJt..(%VSC...A ,peA:Mniu*KNt.�.V_ _...---- ....,.�_..... x C 4 6—t�.. lNtE1 P TP NK 5dF _ m dE t W K IE4 NI TVW1Cewp 'K+N 9 P �_ __ sC d 16WlL1AYi Y� �„ £5 ___ + } — A Y ��NP�an ]P WiPifi t ! 115 W6�Ap TNACP4 t u mwsmwaan s N:veawsw w�.vn. ._ __ u1 v •mxa. Fr.:ptru nig crV.. .r,.,r.a N9 FOP CII'-+S*FUC'ih M aLesfm -:w„ h t¢o 'Yap Exhibit B YU LEG ND TSA s r ova rrcw will- 4 'xr zxian 7s$ill-S" naw w 4Me , U v"w�n w u, ,I �Ai - YWH'-PAWU.. / / "iHo � II i J t A - _ l 1` q �i SHEET NN., oromam w, — NYU -°z_'a � • .- - � - a r J r ,o v a H SECTION AAA q �J SECTION B—B —av —AY Si1t1l31D0 I].6,1 tl1ILE CALCC�.ATION s SECTION C-C_ c cxHlt3ir'B' X t awmnaeuxm.,..°„ r w I q I .z }} I1 x . �,. k rx i 13318F-10. WFte.arl r2nCP11 3318 TX 75 a4N LP oauas. 2s2 OMcc972-232-2118 Q91 4' 4r AK POP EVERMAN * •.? _ .� 85 Z9eSKInBF PP. Yer,R le rranis Worth TX 16134 I �"�`1""r`0. R+U landscape archim is.m uar c.aar.a.. eo.c�xaA°n+v II i w �.r.x., PUMIFM SJR J I rte,...�.•.. ....axa.... .m :� .., ,aar naw --•_ `—�_�_. Z® ux. unM•� .r r a..w... __--.r s.n..0 3 ....x -.0 r ........-.- s. F Exhibit B 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 DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE Mowing Remove Trash and f debris Inspect irrigation system operation Remove grass clippings Violations Noted I MINOR INSPECTION Condition of Pond Amount of silt in pond Amount of silt in flume Amount of ponded I water Amount of wetland vegetation f Location of Erosion Percent of vegetation j Condition of trash guard _ Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality j Structure Type of Stormwater i Quality Structure Structure type and i I Condition Condition of Rip' Rap STORMWATER FACILITY MAINTENANCE AGREEMENT g Rev.11/17/2016 Condition of ifiltrations stem Berm or Embankment j Settlement Location of erosion _ Evidence of Animals Evidence of Aquatic life I Condition of Aeration Foundation j STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/1712016 FORT WORTH ,1,xV°cam Stormwater INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Facility Name: _ Facility Agreement Number: BasinlPond Number: Inspected By: Date: Type of Inspection:Annual Quarterly_,Monthly,,Routine_,or Storm Event_,(#days since event Basin Conditions: 1, Is there standing water or wet spots? Yes_No_Comments 2. Does sides or bottom show signs of erosion,settling cracking,etc? Yes_No_Comments 3. Does dam or emergency spillway show signs of erosion,settling, cracking,or other problems? Yes_No_Comments 4. Is there evidence of animal burrowing in dam? Yes_No_Comments 5. Is there evidence of changes in shape or volume of basin? Yes_No_Comments 6. Do vegetated areas need mowing? Yes_No_Comments 7 Are there trees or woody growth in dam? Yes_.No_Comments 8. Are there areas that need to be re-vegetated? Yes!No—Comments 9. Is there any accumulation of silt,trash,debris or litter in the basin? Yes—No_Comments 10.Are there any other basin maintenance activities needed? Yes,_,,,No_Comments Structural Components: 1. Are pipes,channels,trash racks,etc.free of obstructions? Yes`No_Comments 2. Are pipes,spillway or trash racks in need of repair? Yes,No_Comments 3. Is the low flow or trickle channel in need of repair? Yes`No_Comments 4. Is the outfall channel in need of repair? Yes_No_Comments 5. Are there any other structural maintenance activities needed? Yes_No_Comments Plan for correcting deficiencies: Signature: Owner's Representative Date: Form CFW-6 CFW-SEPTEMBER 2015 Appendix A A-17