HomeMy WebLinkAboutContract 51045 City Project# 100385 CITY SECRETARY Jr O
CONTRACT NO.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
C�THIS AGREEMENT, made and entered into this day of ,
C by and between SUMMER CREEK STATION, LLC , acting by and through
179D GP,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 25.27 acre tract located in the John W. Asbury Survey, Abstract 52, in the
John F. Heath Survey, Abstract 641, in the John Van Lent Survey, Abstract 1871, in the
Puerta Tierra Irrigation Company Survey, Abstract 1831, in the City of Fort Worth,
Tarrant County, Texas according to the deed recorded in Document Number D215206008,
Deed 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 Summer Creek Station 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
✓AF('���� OFFICIAL RECORD
c I g D CITY SECRETARY
04 'F�9r Fr WORTH TX
`0SFC9�Q STORMWATER FACILITY MAINTENANCE AGREEMENT
--- -� '
1P Rev.11/17/2016 1
E0 e �
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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.
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]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed this 10 day of May 2018.
Landowner
Summer Creek Station,LLC
By 179D GP,LLC C1ty Of Fort/ Orth
its Manager I
LJ
Name: William Stonaker Jesus J. apa
Assistant City Manager
Title: Manager
Approved as to Form and Legality
sistant City Attorney
ATTEST
Ci y Secretary
M&C: `
1295:-61=.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTm, Tx
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
2 i instrument was acknowledged before me on by
u apa, Assistant City Manager of the City of Fort WortQ, od behalf of the City of
Fort Worth.
'; MARIA S.SANCHEZ 1
Not y Public, State of Texas
�'' My Notary ID#2256490
Expires December 19,2
02
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 10 day of
May 2018, personally appeared
William Stonaker
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
Manager , and that he executed the same as its
Manager and as the act of such Officer and for the purposes and
consideration expressed in the foregoing instrument.
Nota ublic, State of Texas
, Y•° i LEIGH ANN UNDERWOOD
g•• :*= My Notary ID#10787589
Expires April 30,2021
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
ensuring all perforr4ance and reporting requirements.
Ashraf Ibrahim
Management Analyst II
EXHIBIT "A"
DRAINAGE EASEMENT-0.72 ACRES
Being all that certain parcel of land situated in the John W.Asbury Survey,Abstract Number 52,Tarrant County,Texas,and being a part of a
tract of land described in a deed to Summer Creek Station,LLC.,recorded in Instrument Number D215206008,Official Public Records,Tarrant
County,Texas,and being more particularly described as follows;
COMMENCING at a capped iron rod set stamped'KAZ"at the Southwest comer of said Summer Creek Station LLC tract,same being the
Northeast corner of Lot 46,Block J,Villages of Sunset Pointe,recorded in Cabinet A,Slide 9270,Plat Records,Tarrant County,Texas,and
being the Northwest comer of Lot 45 of said Block J;
THENCE South 89 Degrees 58 Minutes 58 Seconds East,29.86 feet to a point;
THENCE North 00 Degrees 01 Minute 02 Seconds East, 10.06 feet to the POINT OF BEGINNING,being the beginning of a curve to the right
whose long chord bears North 45 Degrees 11 Minutes 12 Seconds West, 14.09 feet;
THENCE along said curve whose radius is 10.00 feet and an arc length of 15.64 feet to a point;
THENCE North 00 degrees 23 Minutes 25 Seconds West, 126.96 feet to a point,being the beg6nnirtg of a curve to the left whose long chord
bears North 05 Degrees 28 Minutes 49 Seconds West,378.36 feet;
THENCE along said curve whose radius is 2132.31 feet with an arc length of 378.86 feet to a point,being the begonnfng of a curve to the right
whose long chord bears North 33 Degrees 41 Minutes 12 Seconds East, 13.96 feet;
THENCE along said curve whose radius is 10.00 feet an arc length of 15.45 feet to a point;
THENCE North 77 Degrees 56 Minutes 37 Seconds East,67.15 feet to a point,being the beginning of a curve to the right whose long chord
bears South 51 Degrees 01 Minutes 10 Seconds East, 15.55 feet;
THENCE along said curve whose radius is 10.00 feet and an arc length of 17.82 feet to a point;
THENCE South 00 Degrees 01 Minute 02 Seconds West,519.40 feet to a point,being the beginning of a curve to the left whose long chord
bears South 45 Degrees 01 Minute 02 Seconds West, 14.14 feet;
THENCE along said curve whose radius is 10.00 feet and an arc length of 15.71 feet to a point;
THENCE North 89 Degrees 58 Minutes 58 Seconds West,28.34 feet to the PLACE OF BEGINNING,containing 0.72 acres of land more or less.
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PAGE 1 OF 2
1720 WESTMINSTER
DENTON, TX 76205
(940)382-3446
JOB NUMBER: 15019419
DRAWN BY: MBC
DATE: 5-8-2018
SURVEYING R.P.L.S.
KENNETH A.ZOLLINGER
TX FIRM REGISTRATION M 10002100
EXHIBIT "A"
1�
11477�'15� POINTC / T.E. =TUNNEL EASEMENT
}1 POIN 67 INST NO. =INSTRUMENT NUMBER
11 POINT C.C. =COUNTY CLERK
1 S.S.E. =SANITARY SEWER EASEMENT
CAPARS =CAPPED IRON ROC SET
POI P R.T.C.T. =PLAT RECORDS
i 1
` TARRANT COUNTY TEXAS
O P R T.C.T.=OFFICIAL PUBLIC RECORDS
11 /
TARRANT COUNTY TEXAS
20'T.E.
0.72 ACRES
TARRANT
`
COUNTY WATER
CONTROL A TRACT OF LAND DESCRIBED IN A DEED TO
VOL. 11024, ` SUMMER CREEK STATION LLC
PG 1362 INST,NO.D215206008
O.P.R.T.C.T. O.P.R.T.C.T.
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FORT WORTH SEWER BOOK PAGES 2024-344 8 2024-348 3.0
0 30 60
30'PIPELINE EASEMENT
I INST.NO.D206180260
O.P.R.T.C.T. LINE BEARING DISTANCE
L1 N 89°58'58"W 28.34'
O1 L2 S 89°58'58"E 29.86'
CAP/IRS L3 N 00°01'02"E 10.06'
11 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
I O C1 10.00' 17.82' 15.55' S 51'01'10*E 102°04'24"
\ I N3 C2 10.00' 15.71' 14.14' S 45'Ol V2"W 90'00'00'
C3 10.00' 15.64' 14.09' N 45"11'12"W 89°35'33'
\ C4 2132.31' 378.86' 378.36' N 05"28'49'W 10'1049"
C5 10.00' 15.45' 13.96' N 33'41'12'E 88°3051'
\ PAGE 2 OF 2
qs p \ 1 I rn 1720 WESTMINSTER
b, \� 1 DENTON, TX 76205
eT P91 T POINT (940)382-3446
01
CAPARS G`L JOB NUMBER: 15019419
'ArL2 L1 P01 DRAWN BY: MBC
POINT I BLOCK-^ I DATE: 5-8-2018
LOT 46 pQC POB LOT VILLAGES OF SUNSET POINTE SURVEYING
_ R.P.L.S.
15'D.E. -CAB.A,SLIDE 9270
\ CAB.A.SUDS 119 P.R.T.C.T KENNETH A.ZOLLINGER
P.R.T.-I. I LOT 44 I LOT 43 TX FIRM REGISTRATION N 10002100
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POND 'B' OUTLET PIPE
N. �.
EXHIBIT B
D U N AWAY SWFMA - SUMMER CREEK STATION
Z 530 f Ailey Avenue.Suite 400.Fort Worth,T9xa3 76107 SEC OF C H I S H 0 LM TRAIL PKWY
m Tok$17.335.1121
(TX REG.F-1114) AND SYCAMORE SCHOOL RD PAGE 3 OF 6
S
a
Pond Summary
Label Scenario Return Hydrograph Time to Peak Peak Flow Maximum Maximum
Event volume (min) (ft3/s) Water Pond Storage
(years) (ac-ft) Surface (ac-ft)
Elevation
(ft)
Pond B(IN) tarrant-e,b, 1 1.566 50.000 38.02 (N/A) (N/A)
d coeff., 1 yrs
Pond B tarrant-e,b, 1 1.566 54.000 28.08 768.17 0.178
(OUT) d coeff., 1 yrs
Pond B(IN) tarrant-e,b, 5 2.215 50.000 53.78 (N/A) (N/A)
d coeff.,5yrs
Pond B tarrant-e,b, 5 2.215 55.000 37.11 768.71 0.319
(OUT) d coeff.,5yrs
tarrant-e,b,
Pond B(IN) d coeff., 100 100 3.565 50.000 86.56 (N/A) (N/A)
yrs
Pond B tarrant-e,b,
(OUT) d coeff., 100 100 3.565 56.000 51.58 769.84 0.697
yrs
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EXHIBIT B
' DUNAWAY - SUMMER CREEK STATION
SWFMA
550 Dailey Avenue •suite 400 a Fort Worth,T*xc13 76107 SEC OF C H I S H O L M TRAIL PKWY
m rel:$17.335.1121
(TX IRE&F-1114) AND SYCAMORE SCHOOL RD PAGE 4 01 d
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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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.1111712016