HomeMy WebLinkAboutContract 50200 CITY SECRETARY ,✓„ZD D
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� �CF/VSO STORMWATER FACILITY
clpk 292 MAINTENANCE AGREEMENT
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THIS AGREEMENT, made and entered into this -3eay of ,
24H-7,�y and between Alliance Town Center Association, a Texas Non-Profit
Corporation, 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 Lot
13, Block A, Alliance Town Center Addition located in the Tarrant County, Texas
according to the deed recorded in Instrument Number D215202888 Deed Records, Tarrant
County, Texas, hereinafter called the"Property".
WHEREAS, the Landowner has built on and developed the Property according to
the Site Plan/Subdivision Plan known as Sagestone Pond (Lot 13, Block A, Alliance Town
Center Addition, FP 015-085) hereinafter called the "Plan", which is expressly made a
part hereof, as approved or to be approved by the City and which plan 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
i ORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION CITY SECRETARY
Rev.11/17/2016
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 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 Facility includes all pipes, channels or other conveyances built to convey
storm water to and through the Facility, as well as all structures, improvements,
and vegetation provided to control the quantity of the storm water. Adequate
maintenance is herein defined as good working condition so that the Facility is
performing its design function. 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 Components of the Facility, if any, 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 for the
purpose of inspecting the Facility Property whenever the City deems necessary.
The purpose of inspection is to follow-up on reported deficiencies and/or to
respond to citizen complaints. The City shall provide the Landowner, its
A STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 2
Rev.11/17/2016
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 acceptable to the City, the City shall
provide written notice to Landowner, its successors and assigns, describing
with reasonable specificity the needed repairs or maintenance. Landowner, its
successors and assigns shall have a period of 30 days to complete such repairs
or maintenance (or if such repairs or maintenance cannot reasonably be
completed within 30 days, Landowner, its successors and assigns shall
commence such repairs or maintenance and shall have such time thereafter as
reasonably necessary, using reasonable diligence, to complete such repairs or
maintenance). If Landowner, its successors and assigns fail to complete such
repairs or maintenance within the time set forth in the immediately preceding
sentence, the City, its authorized agents and employees, may enter upon the
Facility Property and take whatever steps reasonably necessary to correct
deficiencies identified in the inspection report and to charge the reasonable
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_
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 on the Facility 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 reasonable 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 may impress a lien for the costs of such
work upon the Facility Property. Such lien shall be perfected by filing in the
office of the County Clerk of Tarrant County, Texas an affidavit identifying the
Sagestone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 3
Rev.11/17/2016
Facility Property, stating the amount owing, 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 COVENANTS AND AGREES
AND DOES 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, 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 FACILITY; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) SLOPE FAILURE OF THE BANKS OF THE
FACILITY, OR (3) FAILURE OF THE FACILITY 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 Facility which would occur during a
100 year frequency flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, and shall constitute a covenant running with the land, and shall be
binding on the Landowner, its successors and assigns, including any property
Sagestong i ORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 4
Rev.11/17/2016
owner's association. Notwithstanding anything to the contrary contained in this
Agreement, neither Landowner nor any future owner of all or any portion of
the Property shall be liable under any indemnification or other obligations
under this Agreement with respect to claims, losses, damages, events or
occurrences other than those arising during or relating to the respective period
of such Landowner's or future owner's ownership of the Property.
Executed this day ofacemV20LI
Alliance Town Center Association
A Texas Non-Profit Corporation
By:
Name: L. usse 1
Title: Senior Vice President
City of Fort Worth
Jesus J. Chapa
Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney
®F F 01�T
ATT T
City Secre * `Z[:'
GL OFFICIAL RECORD
XAS CITY SECRETARY
Sagestone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION ff.WORTH,TX
5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
�isinstrument was acknowledged before me on ')p IR by
ssistant City Manager of the City of Fort Wo&, on b alf of the City of
Fort Worth.
MARIA S.SANCHEZ
=•: *= My Notary ID#2256490 of Public, tate of Texas
Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on NtftllbeA , 2011, by
L. Russell Laughlin, Senior Vice President of Alliance Town Center Association, a Texas
non-profit corporation, on behalf of said corporation.
7� i
LOP' LYNN 9QWil�;tateCitTexosj
rr,m. Exp:es 10-1i-20pt,�,, ,p ,?�7170�1 Notary Public, State Texas
t ..-�_
A STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 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
ensuring all performance and reportin requirements.
,M
Janie S. Morales
Development Manager
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
TORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 7
Rev.11/17/2016
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
DESCRIPTION OF A
DRAINAGE EASEMENT
BEING a tract of land situated in the Wm. McCowen Survey, Abstract Number 999, Tarrant
County, Texas, and being a portion of that tract of land described by deed to Alliance Town
Center Association, recorded in Instrument Number D215202888, of County Records, Tarrant
County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Peloton" found at the
northwest corner of said Alliance Town Center tract and being the northeast corner of Lot 12,
Block A, Alliance Town Center, an addition to the City of Fort Worth, recorded in Instrument
Number D214106762, also being in the south right-of-way line of Prairie Vista Drive (a 72 foot
right-of-way) recorded in Instrument Number D213285615, both of said County Records,
THENCE S 6206'43"E, 130.27 feet, to the POINT OF BEGINNING;
THENCE N 79006'40"E, 80.73 feet;
THENCE N 78005'20"E, 443.87 feet;
THENCE S 48008'06"E, 181.99 feet, to the west line of that tract of land described by deed to
The City of Fort Worth, recorded in Instrument Number D210241392, said County Records, and
being the beginning of a curve to the left;
THENCE with said west line and said curve to the left, an arc distance of 124.88 feet, through a
central angle of 07002'46", having a radius of 1015.50 feet, the long chord which bears
S 08039'46"W, 124.81 feet;
THENCE S 16046'25"W, 19.89 feet, departing said west line;
THENCE S 29040'41"W, 53.13 feet;
THENCE S 52020'21"W, 41.00 feet;
THENCE S 08°31'12"E, 22.70 feet;
THENCE S 65010'13"W, 43.80 feet;
THENCE S 02031'02"E, 126.46 feet;
THENCE S 71051'02"W, 36.53 feet;
THENCE S 00000'04"W, 150.01 feet;
THENCE S 05056'13"W, 60.14 feet;
Peloton Job No. H WA 15007 Tracking No. ACF#7013
ATC July 14,2017
G:vJOBvHWAI5007_SAGEWATER_POND\SUR\EASEMENTS\LEGALS\HWAI5007 EAI.DOCC Page I of
THENCE S 53°34'11"W, 47.17 feet, from which a 5/8 inch iron rod with plastic cap stamped
"Peloton" found at the most southerly southeast corner of said Alliance Town Center tract,bears
S32050'06"E, 232.29 feet;
THENCE S 67052'40"W, 51.14 feet;
THENCE S 86036'22"W, 51.15 feet;
THENCE N 70059'05"W, 57.69 feet;
THENCE N 49030'00"W, 276.31 feet;
THENCE N 64027'26"W, 58.96 feet;
THENCE N 49033'50"W, 40.08 feet;
THENCE N 44022'50"W, 110.60 feet;
THENCE N 01046'09"E, 253.75 feet;
THENCE N 35027'05"E, 103.83 feet to the Point of Beginning and containing 376,987 square
feet or 8.654 acres of land more or less.
"Integral parts of this document"
1.Description—2 pages
2. Exhibit
Peloton Job No. HWA15007 Tracking No.ACF#7013
ATC July 14,2017
G:UOB\HWA15007_SAGEWATER POND\SUR\EASEMENTS\LEGALS\HWAI5007_EAI.DOCX Page 2 of 3
m BASIS OF BEARING IS THE TEXAS COORDINATE
r SYSTEM NAD 83, ZONE 4202.
„ IRF = IRON ROD FOUND
Esmt. = Easement
3
o � Alliance Town Center
�J Lot 19, Block A \ 0 200 400
o Inst."D212299699
o ������ iggq C.R.T.C.T/ --��
GRAPHIC SCALE IN FEET
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Integral Q�h �.0 parts o2 Paagesdocument"
1. Description
�Ylv 1. 2. Exhibit
�alr V�615 C.R 1'C
— YT 13285 Drainage Esmt. `
Point of - D2 Inst.•D213031243 h 0
Commencing 56206'43'E Ins �� •/ C.R.T.C.T. S. r ��
13027'
I '443.81\� �O o
RF
p6'40"E N78°p5'20°E \� \\� 8,996 I o 1
13' Q� I
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�p�y �\ Electric U �
Point of Beginning Esmt. c /
o^'•`p� `� Inst.•D215196187 I
C.R.T.C.T. h
? Drainage Esmt. Drainage Esmt. I o - 07°02'46"
Inst."D213031246 Inst.•D209185935 L 124.88' �y
—� — C.R.T.C.T. C.R.T.C.T. R 1015.50'
_� _ _J
S52-20-2 0' LC- S 08°39'46"W hJ��
Alliance Town Center `4 Drainage Esmt. 41.00' L2 L 124.81' �h
Lot 12, Block A !�I Inst.•D2tao515aa S08°3112"IE �P
Ins t.•D214106762 o C.R.T.C.T. 8.654 Acres _'___ 2_2._70_'
C.R.T.C.T. S65°10'13"W In
0 43.80' N \o �� v
ALLIANCE TOWN c E�� J� 0h
;y ------ CENTER ASSOCIATION ; flow: 1✓ i �jP� Q
AAo INST.•D215202888
/'o`'?• INST.•D215202889 S71°51'02" 1711 `� Sanitary Sewer Esmt.
6o sejy�
C.R.T.C.T. 36.53' 3 I nstC R? 746
T.C.T.
N490 33'50"W C3
40.08' / o C3LO
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Ago o I Slope Esmt.
N64o 27'26"W gyp, o I �'N Inst."D213183740
58.96' DO•, U C.R.T.C.T.
!y S05°56'13"W ,0
LINE TABLE ?> 60.14' � I c
N0. BEARING DISTANCE 6`��
L3 i � •
L1 S 16°46'25" W 19.89' L4
N70°59'05"W L5 s I 1
L2 S 290 40' 41" W 53.13' �� r.
L3 S 53°34'11" W 47.17' 57.69'
L4 S 670 52'40" W 51.14'
L5 S 86°36'22" W 51.15' o
� I
— — — —
General Worth Drive IRFI , -CI General Worth Drive
Inst "D216009414 C.R.T.C.T a I '>
— --- —.—.--------- The City of Fort Worth � — — — — —
�, Inst•D213218111
f 0' � C.R.T.C.T. I
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Exhibit of a
Drainage Easement
P E LOTO N SITUATED IN THE WM. MCCOWEN SURVEY, ABSTRACT NUMBER 999,
� - CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
VIII LAND SOLUTIONS ACF#7013
9800 HILLWOOD PARKWAY,SUITE 250 JOB#HWA15007 DRAWN BY: W.Blades CHECKED BY: T.Bridges DATE: 7.13.2017 PAGE#3 of 3
FORT WORTH,TEXAS 76177 PH.#817-562-3350
G:\JOB\HWA15007_Sogewoter_Pond\Sur\Easements\HWA15007_EAt.dgn Default 7/14/2017 12 1116 PM
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014
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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.
Saaes:' ,d STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION
Rev.11/17/2016
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
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Ra
Sa9estone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 9
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
Sagestone Pond STORM WATER FACILITY MAINTENANCE AGREEMENT 2017 11 12 REVISION 10
Rev.11/17/2016
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