HomeMy WebLinkAboutContract 50938 CITY SECRETARY ,
CONTRACT NO..
DOE#
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of �lYy,yand
between Grandview Chisholm Trail, 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 5.720 of an acre tract being part of Lot 1, Block A, Primrose Addition, an addition
to the city of Fort Worth, Tarrant County, Texas according to the deed recorded in instrument #
D205384512 official public 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 Assisted Living&Memory Care Center/Lot 1,Block
A, Primrose 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("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:
STORMWATER FACILITY MAINTENANCE AGREEMENT :001FLFICIALRECORD
Rev.11/17/2016 R'Y
I. 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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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]
Executed this day of 1May 20_1&
Landowner City of Fort Worth
1
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Name: A,.,, a ( sv s�� v1 �} to v�t
Assistant City Manager
Title:
Approved as to Form and Legality
I
®f FORS, ssistant Ci y Attorney
V �4 T
1ty Secretary
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY�WORTH, 4
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me onI/Ifil /a by J .esu"
Assistant City Manager of the City of Fort Worth, on bef#f of the City of Fort Worth.
f
;�aY•'y9<4,: MARIA S.SANCHEZ r
My Notary ID#2255490 of Public, State of Texas
:. •`�
••,rF oF;�+;: Expires December 19,2021
STATE OF TEXAS § ,>�V° E P=KATHLEENTYN33COUNTY OF TARRANT § Mes'' Y
Before me, the undersigned authority on this day of
Min 1A 20&, personally appeared
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 G� i°,t) 1`& 1Y�,TrC:LA , and that he executed the
same as itsct and as the aof such and for the purposes and
consideration expressed ti the foregoing instrument.
Notary Publ , State of Texa
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
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 pe forma c� e and reporting requirements.
Ashraf Ibrahim
Management Analyst II
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11117/2016
SHEET 1 OF 2
PRIVATE DRAINAGE EASEMENT
Being a Variable Wdith Private Drainage Easement located in the JUAN JOSE ALBIRADO SURVEY,
Abstract No. 4, City of Fort Worth, Tarrant County, Texas, and being part of the same tract of land
described in deed to Fairbanks Trail, LLC, recorded in Instrument No. D205384512, Official Public Records,
Tarrant County, Texas, and being more particularly described as follows:
Beginning at a 5/8" iron rod found in the East line of Brewer Boulevard, a 110' right-of-way, at the Southwest
corner of Lot 1, Block 29, of Primrose Crossing, an Addition to the City of Fort Worth, Tarrant County, Texas,
according to the plat thereof recorded in Cabinet A, Slide 12096, Plat Records, Tarrant County, Texas, said
point being the Northwest corner of said Fairbanks Trail LLC tract;
Thence North 89°36'09" East, a distance of 495.07' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS
5310" set for corner;
Thence South, a disrance of 37.40' to a point for corner;
Thence West, a distance of 276.55' to a point for corner;
Thence South, a distance of 98.76' to a point for corner;
Thence West, a distance of 215.60'to a point for corner in the said East line of Brewer Boulevard;
Thence North 01'15'20" West, along said East line, a distance of 132.75'to the PLACE OF BEGINNING and
containing 39,051 square feet or 0.896 of an acre of land.
A&W SURVEYORS, INC.
It
�� °F a Professional Land Surveyors
ti�•�is re;P•+�
,F �� �o* TEXAS REGISTRATION NO.100174-00
.......................
JOHN S. TURNER P.O.BOX 870029,MESQUITE,TX.75187
"O #5310 �'
t'�4iESSSp? O� PHONE:(972)681-4975 FAX:(972)681-4954
N�SU R��' WWW.AWSURVEY.COM
�• Job Number: 18-0655 Date: 03-30-2018 Drafter: 517
John S.Turner,R.P.L.S.#5310 "A professional company operating in your best interest"
SHEET 2 OF 2
PRIVATE DRAINAGE EASEMENT
PLACE OF LOT 1, BLOCK 29,
BEGINNING PRIMROSE CROSSING,
Q CAB. A, SLD. 12096,
P.R.T.C.T. N89°36'09"E
4(15'ALLEY RIGHT-OF-WAY 1 1/2"IRS 480.97'TO 518"IRF
"T 5/8"IRF N (C.M.)
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W v FAIRBANKS TRAIL, LLC, FAIRBANKS TRAIL, LLC,
INST. NO. D205384512, 51 to
INST. NO. D205384512,
LLQ O.P.R.T.C.T. 0111101O.P.R.T.C.T.
����9�1N its
LEGEND
N C.M. CONTROLLING
MONUMENT
VOL. VOLUME
PG. PAGE
D.R.T.C.T. DEED RECORDS,
LINE TABLE TARRANT COUNTY,
0 100 LINE LENGTH BEARING TEXAS
L1 495.07' N89°36'09"E O.P.R.T.C.T. OFFICIAL PUBLIC
GRAPHIC SCALE L2 37.40' S00°00'00"W RECORDS,
1-INCH=100 FEET TARRANT COUNTY,
Basis of bearing is derived from L3 276.55' N90`00'00"W TEXAS
Instrument No.D205384512, L4 98.76' $00"00'00"E
O.P.R.T.C.T. INST. NO. INSTRUMENT NUMBER
L5 215.60' N90°00'00"W IRF IRON ROD FOUND
L6 132.75' N01'1 5'20"W IRS IRON ROD SET
PFC POINT FOR CORNER
A&W SURVEYORS, INC.
Professional Land Surveyors
TEXAS REGISTRATION NO.100174-00
.......................
JOHN S. TURNER P.O.BOX 870029,MESQUITE,TX.75187
OpQ#5310�p O PHONE:(972)681-4975 FAX:(972)681-4954
7•'•.FfSStiO.'y
10'g R 6 WWW.AWSURVEY.COM
�• Job Number: 18-0655 Date: 03-30-2018 Drafter: 517
John S.Turner,R.P.L.S.#5310 "A professional company operating in your best interest"
EXHIBIT-B
CITY OF FORT WORTH STORMWATF,R FACILITY DESIGN SPECIFICATION
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EXHIBIT-64
CITY OF FORT WORTH STORMWATER FACILITY DESIGN SPECIFICATION
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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 F,tylwh°(l�
INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Storm�t
Facility Name: Facility Agreement Number:
Basin/Pond Number: Inspected By: Date:
Type of Inspection:Annual_,Quarterly_, Monthly_, Routine_, or Storm Event (#days since event i)
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