HomeMy WebLinkAboutContract 50127 CITY SECRETARY'
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
0��
THIS AGREEMENT, made and entered into this day of baa' by
and between Max Alley Investments, 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 0.983 of an acre tract being part of Lot IRI, Block 1, Nguyen addition, an
addition to the city of Fort Worth, Tarrant County, Texas according to the deed recorded
in cabinet B, Page 3193, Plat 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 Family Dollar/ Lots 1R1, Block 1,
Nguyen 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
y 6 7 8 cility") as shown on the Plan be constructed and adequately maintained by the
La er, its successors and assigns,the location and dimensions of which is shown and
A OFFICIAL RECORD
w�l � R v 16 FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
G �ti FT. WORTH,TX
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
of inspection is to follow-up on reported deficiencies and/or to respond to
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this day of VC(,el'l 19&' 20 11.
Landowner City of Fort Worth
aiiuv wuci
Max Alley Investments,LLC,a Texas ite
liability company
Name: Ja .Herrington Jesus J. Chapa
Assistant City Manager
Title: Managing Member
Approved as to Form and Legality
'4 &0 &
ssistant City Attorn
ATTEST
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,Tx
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me o by
Jesus J. Chapa, Assistant City Manager of the City of Fort: W th, on b alf of the City of
Fort Worth.
MARIA S,SANCHEZ
Po= My Notary ID#2256490
Expires December 19,2021 Tsfot'a Public, State of Texas
rE aF
STATE OF TEXAS §
COUNTY OF BOWIE §
Before me, the undersigned authority on this gfy' day of
pleccy Ibex , 2017, personally appeared
James M.Herrington
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
, and that he executed the same as its
Managing Member and as the act of such Managing Member and for the purposes and
consideration expressed in the foregoing instrument.
- - - --- , a - --� 6::zz—�' n
,%""1�% JUSTIN MAGNESS Notary Public, S too exas
`jk P4"
Notary Public,State of Taxas
�qZ Comm.Expires 04-10.2021
OFF �'� Noter ID 131062738.
OFFICIAL RECORD
CITY SECRETARY
FT. 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
ensg a perfo e and re orting re uirements.
Janie orales
Development Manager
E
IAL REC®RDSECRETARYN®RTH,TX
SHEET 1 OF 2
DRAINAGE & DETENTION EASEMENT
Being a Drainage and Detention Easement located in part of Lot 1, Block 1, Nguyen Addition, an addition to the City of
Fort Worth,Tarrant County, Texas,according to the plat recorded in Cabinet B, Page 3193, of the Plat Records of
Tarrant County,Texas,and being part of a tract of land described in deed to Jaspal Singh, recorded in Instrument No.
D215247605, of the Official Public Records of Tarrant County,Texas, and being more particularly described as follows:
Commencing at a 1/2 iron round found for the Southeast comer of Lot 1, Block 1, Norton Subdivision, an addition to the
City of Fort Worth, Tarrant County,Texas, according to the map or plat thereof as recorded in Volume 388-104, Page
232, of the Map Records of Tarrant County,Texas, being in the North right-of-way line of East Rosedale Street, a 80'
wide right-of-way;
Thence North 00°00'13"East,with the East line of said Norton Subdivision, a distance of 241.51',to a 1/2 inch iron rod
with yellow cap stamped "RPLS 5310"set for comer and being the PLACE OF BEGINNING of the herein described tract
of land;
Thence North 00000'13" East, along said East line, a distance of 38.49'to a 1/2"iron rod with a yellow plastic cap
stamped "RPLS 5310"set for comer;
Thence passing through said Lot 1, Block 1, Nguyen Addition, the following two(2)courses and distances:
1)South 89°42'00"East, a distance of 168.00'to a 1/2'iron rod with a yellow plastic cap stamped"RPLS 5310"set for
comer;
2)South 00°00'13"West, a distance of 255.00'to a point for corner in the present North line of said E. Rosedale Street;
Thence North 89°42'00"West, along said North line, a distance of 10.00'to a point for comer;
Thence passing through said Lot 1, Block 1, Nguyen Addition, the following eight(8)courses and distances:
1)North 00°00'13"East, a distance of 221.44'to a point for comer;
2)South 89055'38"West, a distance of 4.11'to a point for comer;
3)North 89°5947"West, a distance of 33.14'to a point for comer;
4)South 00002'06" East, a distance of 7.85'to a point for corner;
5)North 89°59'47"West,a distance of 52.06'to a point for comer;
6) North 00°53'43"East, a distance of 3.66'to a point for corner:
7)North 89°06'17"West, a distance of 5.47'to a point for corner;
8)North 89°59'47"West, a distance of 63.28'to the PLACE OF BEGINNING and containing 8,609 square feet or 0.198
of an acre of land.
rK A&W SURVEYORS, INC.
V
Ft �+ Professional Land Surveyors
1 •VTER• 1
TEXAS REGISTRATION NO.10017400
JUIiIV $ 1URNER P.O.BOX 870029,MESQUITE,TX.75187
� SgtO�? p PHONE:(972)681-4975 FAX:(972)681-4954
$U10 WWW.AWSURVEY.COM
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Job Number. 17-2344 Date: 11-13-2017 Drafter: 517
"A professional company operating in your best interest"
SHEET 2 OF 2
DRAINAGE & DETENTION EASEMENT
U
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o LOT 1 BLOCK 1
o NGUYEN ADDITION
Oft
z o 8,6'0 CAB. B, PG. 3193
°198 0FAMA E It P.R.T.C.T.
co
1/2"IRS L2 1/2"IRS
LOT 1, BLOCK 1,
LINE TABLE
NORTON SUBDIVISION J
LINE LENGTH BEARING
VOL. 388-104, PG. 232, L1 38.49' N00°00'13"E
M.R.T.C.T. PFGL12 L7 L L2 168.00' S89°42'00'E
L11 PFC L9 PFG O L3 255.00' S00"00'1TW
PLACE OF o J L4 10.00' N89°42'00"W
BEGINNING L5 221.44' N00°00'13"E
L6 4.11' S89°55'38"W
TOTAL E&P USA L7 33.14' N89'59'47"W
L8 7.85' Soo°02'06"E
JASPAL SINGH,
BARNETT LLC,
INST. NO. D216266568, INST. NO. D215247605, 1-9 52.06' N89°59'47"W
O.P.R.T.C.T. U) O.P.R.T.C.T. L10 3.66' Noo°53'43"E
Q 1-11 5.47' N89°06'1 TW
w L12 63.28' N89°59'47"W
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MONUMENT
O VOLUME
O CABINET
0 50 Z PAGE
20'RIGHT-OF-WAY . . . .T PLAT RECORDS,
GRAPHIC SCALE DEDICATION DALLAS COUNTY
1-INCH 50 FEET CAB.B,SLD.3193, TEXAS
BASIS OF BEARINGS DERIVED FROM P.R.T.C.T
CABINET B,PAGE 3193.P.R.T.C.T M.R.T.C.T. MAP RECORDS,
TARRANT COUNTY
PFC L4 PFG TEXAS
1/2"IRF O.P.R.T.C.T.OFFICIAL PUBLIC
(C.M.) RECORDS,
TARRANT COUNTY
TEXAS
INST NO. INSTRUMENT NUMBER
PLAGE OF EAST ROSEDALE STREET IRF IRON ROD FOUND
COMMENCING IRS IRON ROD SET WITH
(80' RIGHT-OF-WAY) YELLOW CAP 5310
A&W SURVEYORS, INC.
Professional Land Surveyors
TEXAS REGISTRATION NO.100174-00
............ .........
.JOHN S. TURNER P.O.BOX 870029,MESQUITE,TX.75187
;p #5310 PHONE:(972)681-4975 FAX:(972)681-4954
WWW.AWSURVEY.COM
• Job Number 17-2344 Date: 11-13-2017 Drafter: 517
TumeR R.P.._._....,#5310 "A professional company operating in your best interest"
EXHIBIT-B
CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION
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EXHIBIT-B I
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FAMILY DOLLAR STORE DEVELOPMENT PLANS
ON ACRES OF LAND BEING A PART OF LOT 1,BLOCK 1.OF NGUYEN ADDITION.AN ADDITION TO THE CRY OF FORT NORTH
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EXHIBIT-B3
CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION
FAMILY DOLLAR STORE DEVELOPMENT PLANS
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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.
A. Routine Maintenance Specification
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.
1 Detention facilities shall be mowed monthly between the months of April and
October or anytime vegetation exceeds 12-inches in height.
2. Periodic trash removal from critical structural elements like outlets shall be done to
ensure smooth operation of the facility
3. 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.
B. Non-Routine Maintenance Specification
In addition to the routine maintenance specification outline above, following non-routine
maintenance specifications shall be implemented to ensure the smooth operation &
functioning of the facility.
1 Bank repair& stabilization
2. Re-vegetation required when 30% or more of area is unprotected.
3. Sediment removal from detention facility when water depth is reduced 25% or
more. In case of sediment traps/forebay, when depth is reduced to 50% or more.
4. Structural repair/replacement of all damaged or deteriorated structures like trickle,
channel, trash rack, etc.
5. Other maintenance activities like preventive maintenance.
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
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.11/17/2016
FORT WORTH EXHIBIT-D FIXt„40,,,,
r ter
INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN StoManagement
a
Facility Name: Facility Agreement Number:
Basin/Pond 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-17
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
Location of Erosion
Percent of vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Structure type and
Condition
Condition of Rip-Rap
Condition of Trickle
Channel
Coditi
Berm or Embankment
Settlement
Location of erosion
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/17/2016