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HomeMy WebLinkAboutContract 50199 CITY SKRETARY IQ 0i NTiV,,ST N0. 60l DOE # Xro g 910 1�1 ✓gp29��j � STORMWATER FACILITY CO 2418 MAINTENANCE AGREEMENT �w HIS AGREEMENT, made and entered into this day of OL 6 . 7, by and between Westport Park No. 19, LTD, a Texas Limited artnership, 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 2, Block 3, Westport Addition located in the Tarrant County, Texas according to the deed recorded in Instrument Number D215241298 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 Westport 19 (Lot 2, Block 3, Westport Addition) 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 a ieQuately maintainec by the OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT 1 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 WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 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 WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 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 to comply with the provisions of that certain City of Fort Worth Permanent Drainage Easement as recorded in document number D216051157 of the County Records of Tarrant County, Texas, for so long as the Landowner owns the property subject to such easement. 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 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 WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 4 Rev.11/17/2016 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 of 0 e t f.M be-(-- 201-7 WESTPORT PARK NO. 19, LTD., a Texas limited partnership By: Hillwood Alliance Management II, LLC, a Texas limited liability company, its general partner By: Name: Russ au lin Title: Senior Vice resident S City of Fort Worth Jesus J. Chapa Assistant City Manager Approved as to Form and Legality t Assistant City Attorney ATT ST rty Se .r 2 �XAS OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on (� by r , Assistant City Manager of the City of Fort Wo h, on half of the City of Fort Worth. MARIA S.SANCHEZ My Notary ID#2256490 ' -:• Not of Public, State Texas Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 6Qtft%66 , 20a,by L. Russell Laughlin, Senior Vice President of Hillwood Alliance Management II, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of Westport Park No. 19, Ltd., a Texas limited partnership, on behalf of said limited partnership. 4z Notary Public, Mate of Texas yr.`ary Pl1k�ilc,Stc e of Texas i0-17-_019 ID 12.4717681 WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 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 reporting requirements. T ie S. Morales Development Manager EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11117/2016 DESCRIPTION OF A DRAINAGE EASEMENT BEING a tract of land situated in the Greenberry Overton Survey, Abstract Number 1185, City of Fort Worth, Tarrant County,Texas,being a portion of that tract of land described by deed to Westport Park No. 19, LTD., recorded in Instrument Number D215241298, and being all of that Drainage Easement, recorded in Instrument Number D216051157, both of County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the northeast corner of said Westport Park No. 19 tract,being the northwest corner of that tract of land described by deed to Alliance Center—West Association recorded in Instrument Number D202070490, said County Records, and being in the south right-of-way line of Intermodal Parkway(a 120 foot right-of-way); THENCE S 32047'35"E, 47.29 feet, with said common line to the Point of Beginning; THENCE S 32047'35"E, 130.05 feet, continuing with said common line, from which a 5/8 inch iron rod with plastic cap stamped"PELOTON"bears S 32047'35"E, 139.27 feet; THENCE S 89026'43"W, 812.44 feet, departing said common line to the west line of said Westport Park No. 19 tract,being the east line of that tract of land described by deed to Westport Park No. 18, LTD.,recorded in Instrument Number D215241296, said County Records; THENCE N 00029'22"W, 110.00 feet, with said common line; THENCE N 89026'43"E, 11.00 feet, departing said common line; THENCE N 00029'2211W, 40.00 feet, to the aforementioned south right-of-way line of Intermodal Parkway; THENCE N 89026'43"E, 30.00 feet, with said south right-of-way line; THENCE S 00029'22"E, 40.00 feet, departing said right-of-way line; THENCE N 89026'43"E, 701.94 feet to the Point of Beginning and containing 86,746 square feet or 1.991 acres of land more or less. "Integral parts of this document" 1.Description 2.Exhibit Peloton Job No. HWA15014 Tracking No.ACF#7009 Westport July 13,2017 G:\J0B\HWA15014_WESTP0RT l8_1MM\SUR\EASEMENTS\LEGALS\HWA15014_EA13.DOCX Page 1 of Wd ll=Z4:Z L1OZ/4L/L llnola0u6P'£LV3-btOSLVMH\sluawaso3\VnS\VYWL-gL-liodlso M-ILOSLVMH\80f\:0 0SCE-Z9S-LLB#Hd LLL9LSV'X31'H1bOMibO:i Z J0 Z#3E)Vd Ll'ZVLO :31VC] S96Pug"1:Ag 43NO3H0 SaPel8"M :A8 Nm (I 1409 MH#80f OSZ3iins'AVM)4HVd OOOMIIIH 0096 600L#3OV S N 0 1 1 n 1 0 s GNYI II'II NO1013d OO WC"i U 4-I � / /e Ge G.O�oA o ..... 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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. WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT_doc 8 Rev.1 V17/2016 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 guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Ra WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 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 WP 19 STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 10 Rev.11/17/2016 .. ® 3 Q o > f0 C +J a) C � O a) > Q a) a) U L C N Z C/) a) Fn Ern C Q z L C: c c c c c c c c c c c c c c to p FL a) O O N O N N O N O N N N O a) Z E E E E E E E E E E E E E E E W Q a) O o O O O o 0 0 0 o O O o 0 0 W r W U U U U U U U U U U U U U U U 0 m I V ca W L �° 0 0 O O O o 0 0 0 o O O o 0 0 J Z Z z z z z z z z z Z Z Z Z Z a 0 N N O O O a) N N O O O O O a) a)in tC o IV C: LL 0a) N L.E U) � � ti Q Y I a c C c a U o m o o c W v� .o aoi CI. 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