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HomeMy WebLinkAboutContract 50612 DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 11�da of , Y 2018, by and between EAN Holdings, LLC, a Delaware limited liability company hereinafter referred to as "Tenant", acting by and through Pingree 2000 Real Estate Holdings, LLC, a Missouri limited liability 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 3.236 acre tract located in the William McCowens Survey, Abstract 999, Tarrant County, Texas according to the deed recorded in Instrument Number D218013761, Official Public Records, Tarrant County, Texas, hereinafter called the "Property". Landowner has leased the entire Property to Tenant. WHEREAS, the Tenant is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Enterprise Rent-A-Car 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, the Tenant, 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 OFFICIAL RECORD CITY SECRETARY WORTH,STORMWATER FACILITY MAINTENANCE AGREEMENT FT. OR,H,TX Rev.11/17/2016 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the 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 Tenant, 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 Tenant and/or the Landowner, their respective 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 3. The Tenant and Landowner, their respective 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 citizen complaints. The City shall provide the Tenant, Landowner, their respective successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Tenant, 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 Tenant's. 5. The Tenant, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate and if Tenant fails to so perform then Landowner will perform such work. 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 Tenant, its successors and assigns, or if Tenant fails to then 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 Tenant or Landowner as applicable or their respective 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 6. This Agreement imposes no liability of any kind whatsoever on the City. THE TENANT AND LANDOWNER AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. TENANT COVENANT AND AGREE 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 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. Tenant and 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. Tenant and 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 thisdayof 10 20 Landowner City of Fort Worth Pingree 2000 Real Estate Holdings, LLC, a Misso limited liability, mpany 1 AJ Name:rusself A. Willey Jesus J. Chapa Assistant City Manager Title: Manager Approved as to Form and Legality Tenant EAN Holdings, LLC, a Delaware limited liability company �6'J 41,A 11) 1,14 Assistant rty Attorney By. Name: Brent K. Russell A T Title: Vice President& General Manager 1 9 p`I ity Secretary �pRT••�,O . M&C: 'MCPS 1295: OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT WORTNg 5 Rev.11/17/2016 FTA WOII�1`1 g TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Lt—q— )? by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. N'otark Public, State of Texas MARIA S.SANCHEZ M ,•• ?q: Y Notary ID#2256490 of t * Expires December 19,2021 OFFICIAL RECORD CITY SECRETARY �`.�®RTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 STATE OF MISSOURI § COUNTY OF ST. LOUIS § Before me, the undersigned authority on this .47 day of hfG.raL- , 20 )personally appeared Russell A. Willey, 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 Pingree 2000 Real Estate Holdings, LLC, a Missouri limited liability company, and that he executed the same as its Manager and as the act of such company and for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of Missouri SUSAN EON NOTARY PUBLIC,NOTARY SEAL STATE OF MISSOURI ST.LOUIS COUNTY COMMISSION#12434401 [My COMMISSION EXPIRES JANUARY 19,2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/1712016 STATE OF TEXAS § COUNTY OF O(A Jg § MBefore me, the undersigned authority on this a5o'j day of , 2011b, personally appeared Brent K. Russell, 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 EAN Holdings, LLC, a Delaware limited liability company, and that he executed the same as its Vice President and as the act of such company and for the purposes and consideration expressed in the foregoing instrument. kA A I-WV Notary Public, Sta f Texas My Notary ID 8123W461 E*ku ocwb r 1!,201?i OFFICIAL RECORD CITY SECRETARY ".WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 Contract Compliance Manager i T 1 V1 ij '�.;' .,..._5.�o iY.�. v t.i.'��t I W� �:n pCiJI,'111 Zvi the 1i1 o1u 17 illi] Cl.id o1 Ll'1i.i 1.x.'11.i a�.t, i11c i'i Lll-o Cox1L11 g all pChhi111ancs and rap U1.y1111 V1111i1110. 7Jan-,C � S, l V1.i1vJ OFFICIAL RECORD CITY SECRETARY 1 EXHIBIT "A" TXDOT BRASS MON. FND. PERPETUAL ACCESS 3A (CM) O INST.I No.VE ED2100 2041 MORIAH AT TIMBERLAND O.P.R.T.C.T. ADDITION INST. No. D209331585 • 4 5' UTILITY EASEMENT P.R.T.C.T. INST. lo, D209331585 O.P.R.T.C.T. CVS CORPORATION cy N1426'00"E l l INST. No. D210012038 O.P.R.T.C.T. r - 270.27' / / 15' PRIVATE DRAINAGE 1 1�. EASEMENT 10' UTILITY EASEMENT INST. No./ D217204252 INST. No. D209331585/ O.P.R.T.C.T. O.P.R.T.C.T. / FROM WHICH A 1/Y IRF L _ "GRAHAM & ASSOC INC' N89'35'05"E 295.77' BEARS S0311'W, 0.15' •,. -- -- N40'19'35"W 71.50' N6126'46"W 10'x10' PUBLIC OPEN 15766' SPACE EASEMENT .• — INST. No. D217204252 — O.P.R.T.C.T. / / / SANITARY 1 / SEWER EASEMENT I5' UTILITY TI ITY EASEMENT 585 / L '\ G� INST. No. D209331585 O.P.R.T.C.T. � � v [9 O.P.R.T.C.T. 15' PRIVATE DRAINAGE N1425'S9'E a '� , EASEMENT 139.58' l o l INST. No. D217204252 2^cy O.P.R.T.C.T. TXDOT BRASS MON. FND. i / /3a / / ��►' LOT 3, BLOCK 2 FROM WHICH A 1 l IRF r ,�w a:r ' MORIAH AT'� Q o v � J 'GRAHAM & ASSOC INCA N79 4303"W O/ /NQ W2o BEARS SOO'41 W, 0.17 153.40' v TIMBERLAND ADDITION (CM) -/••...... .. s / �o INST. No. D217204252 ao 20' SANITARY SEWER, %............••, v O.P.R.T.C.T. WATER LINE & GAS 'v 00 LINE EASEMENT I N [5 PRIVATE DRAINAGE VOL. 15680, PG. 16 QZ V6 D.R.T.C.T. �/ 03 4-0100 / VARIABLE WIDTH [� EASEMENT 0 / N INST. No. D217204252 �!2c MAINTENANCE O.P.R.T.C.T. ��� ACCESS EASEMENT "4 z a 0.093 AC. VARIABLE WIDTH N18 03'23 E � �• PLACE OF 277.10' 1 (4,054 SQ. FT.) BEGINNING PRIVATE DRAINAGE EASEMENT 0.160 AC. EASEMENT LINE TABLE EASEMENT LINE TABLE �p (6,970 SQ. FT.) LINE BEARING DIST LINE BEARING DIST y O 2 PINGREE 2000 I L1 N1426'00'E 89.91' L7 N7441'48'W 45.38' REAL ESTATE HOLDINGS, LLC 31 INST.INST. No. D218013761 L2 N8924'11'E J.00' L8 N1426'00'E 26.00' g, O.P.R.T.C.T. m L3 S0022109'E 100.71' L9 S74 41'48'E 94.51' 3 E L4 N7524'00'W 77.53' L10 S1426'00'W 85.69' * LEGEND 00 L5 N75J4'00'W 24.50' L11 N14261000E 4.23' CM CONTROLLING MONUMENT L6 N1476'00'E 35.4.7' IRF IRON ROD FOUND 'q EASEMENT 0 50 E %Y//A SURVEYOR PREPARING THIS EXHIBIT: MAINTENANCE ACCESS 8 PRIVATE DRAINAGE ESMT. WIEN & ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 2201 E. LAMAR BLVD., SURE 200E ARLINGTON, TDLAS 76006 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.VierAssoc7iates.com DRAWN BY: REV. 39 Texas Board of Professional Land Surveying Registration No. 10033900 1 APPROVED- SHEET NO. 1 OF 3 1 EXHIBIT "A" FIELD NOTES — DESCRIPTION VARIABLE WIDTH DRAINAGE EASEMENT BEING A TRACT OF LAND LOCATED IN THE WILLIAM MCCOWENS SURVEY, ABSTRACT NO. 999, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK 2, MORIAH AT TIMBERLAND ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D217204252, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, FROM WHICH A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) BRASS MONUMENT FOUND BEARS N 79'43'03" W. 153.40 FEET, SAID BRASS MONUMENT BEING AN ANGLE POINT IN THE WEST LINE OF SAID LOT 3 AND IN THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE N 14'26'00" E. 89.91 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "W.A.I." BEARS N 61'26'46" W. 157.66 FEET, SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LOT 3 AND THE SOUTHWEST CORNER OF LOT 1, BLOCK 2, MORIAH AT TIMBERLAND ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D209331585, O.P.R.T.C.T.; 3 THENCE NORTHEASTERLY, AN ARC LENGTH OF 32.81 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 24.53 FEET, A DELTA ANGLE OF 76'38'10", AND A CHORD BEARING N 52'46'27" E. 30.41 FEET TO A POINT; �O THENCE N 89'24'11" E, 3.00 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 38.58 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 24.50 FEET, A DELTA ANGLE OF 90'13'28", AND A CHORD BEARING ro S 45'28'52" E, 34.72 FEET TO A POINT; co THENCE S 00'22'09" E, 100.71 FEET TO A POINT; THENCE N 75'24'00" W, 77.53 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.160 M ACRES (6,970 SQUARE FEET) OF LAND, MORE OR LESS. EASEMENT CURVE TABLE CURVE ARC RADIUS DELTA BEARING DIST. C1 32.81' 24.53' 76:38'10' N52 4627£ 30.41' g C2 38.58' 24.50' 1 907328' 1 54578520£ 34.72' 3 C3 38.89' 1 25.00' 1 89-07'48' I N30ti7'54'W 35.09' NOTES. (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE CCOORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. M (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTH NOVEMBER, 2017 UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S. NO. 6373. SURVEYOR PREPARING THIS EXHIBIT: W/1 WImn & ASSOCIATES, INC. [DRA=VMBY.-. MAINTENANCE OFNFORT WORTHaTARRA T COUPRIVATE NTY, TEXAS INAGE T 2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.wierAssociates.com DCC SHEET N0 2 OF 3 REV. 3 Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED . 1 EXHIBIT "A" FIELD NOTES — DESCRIPTION VARIABLE WIDTH MAINTENANCE ACCESS EASEMENT BEING A TRACT OF LAND LOCATED IN THE WILLIAM MCCOWENS SURVEY, ABSTRACT NO. 999, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK 2, MORIAH AT TIMBERLAND ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D217204252, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, BEING THE SOUTHWEST CORNER OF A PRIVATE DRAINAGE EASEMENT AS 9 SHOWN ON SAID PLAT RECORDED IN INSTRUMENT NUMBER D217204252 O.P.R.T.C.T., FROM WHICH A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) BRASS MONUMENT FOUND BEARS N F3 79'43'03" W, 153.40 FEET, SAID BRASS MONUMENT BEING AN ANGLE POINT IN THE WEST LINE F OF SAID LOT 3 AND IN THE EAST RIGHT—OF—WAY LINE OF INTERSTATE HIGHWAY 35W (A VARIABLE WIDTH RIGHT—OF—WAY); THENCE N 75'34'00" W. 24.50 FEET TO A POINT; THENCE N 14'26'00" E. 35.43 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT; 3 THENCE NORTHWESTERLY, AN ARC LENGTH OF 38.89 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A DELTA ANGLE OF 89'07'48", AND A CHORD BEARING N 30'07'54" W, 35.09 FEET TO A POINT; THENCE N 74'41'48" W, 45.38 FEET TO A POINT IN THE SOUTHEAST LINE OF A PERPETUAL ACCESS DRIVE EASEMENT, RECORDED IN INSTRUMENT NUMBER D210012041, O.P.R.T.C.T.; THENCE N 14'26'00" E. ALONG THE SOUTHEAST LINE OF SAID PERPETUAL ACCESS DRIVE EASEMENT, 26.00 FEET TO A POINT, FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP V STAMPED "IN.A.I." BEARS N 40'19'35" W, 71.50 FEET, SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LOT 3 AND THE SOUTHWEST CORNER OF LOT 1, BLOCK 2, MORIAH AT TIMBERLAND ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT ry� RECORDED IN INSTRUMENT NUMBER D209331585, O.P.R.T.C.T.; THENCE S 74'41'48" E, DEPARTING THE SOUTHEAST LINE OF SAID PERPETUAL ACCESS DRIVE EASEMENT, 94.51 FEET TO A POINT IN THE WEST LINE OF SAID PRIVATE DRAINAGE EASEMENT; THENCE S 14'26'00" W, ALONG THE WEST LINE OF SAID PRIVATE DRAINAGE EASEMENT, 85.69 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.093 ACRES (4,054 SQUARE FEET) OF LAND, MORE OR LESS. 0 F TF -91ST39 ERF+9 9 AARON L STRINGFELLOW_ rA- 'O 6373 Q: NOTES: �yO ..eSS%.. (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE S U .. OCOORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. t (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTH NOVEMBER, 2017 UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S. NO. 6373. F ' SURVEYOR PREPARING THIS EXHIBIT: MAINTENANCE ACCESS 8 PR I VATE DRAINAGE ESMT. � WIEN & ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 2201 E. MW BLVD., SURE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.wierAssociates.com DRAVM BY:DC > SHEET NO. 3 OF 3 REV. 3 Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED: 1 �Q I NOWOOV ONV�Nl 1V HVINOW Z� Z)DO-le 't,10- 1 i ` a -y v 1 ° 2 = I \\ N- 0 fif -- CL w CD = M a 2 I I F w 11 \\ Z / x =wUJ ' ... \.p/ .. ... ... 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LL �R 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 1 0 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 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 11 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 12 Rev.1111712016