HomeMy WebLinkAboutContract 51161 ti 4
pECciVED CITY
CID CC TRACTNO.SECRETARY
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CITYO;'F� R ••
077 SECRETARY
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STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 8 day of January, 2018, by and
between Jackson-Shaw Company and or its' successors and or assigns, acting by and
through Ron Welborn, Vice President, hereinafter referred to as "Developer", and the City
of Fort Worth, hereinafter referred to as"City".
WITNESSETH
WHEREAS, the Developer is the developer of certain real property described as an
approximately 5.581 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract 613,
Wise County, Texas according to the deed recorded in Volume 1016, Page 66, Deed
Records, Wise County, Texas, hereinafter called the "Property".
WHEREAS, the Developer is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Chisholm Springs, Phase 2
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City and the Developer provides for management of Stormwater within
the confines of the Property; and
WHEREAS, the City and the Developer, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT CITYC �x
Rev.11/17/2016 FT.Vas '�'TX
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Developer, 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 Developer, 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 Developer, 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 Developer, 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 Developer, its successors and assigns,
copies of the inspection findings and a directive to commence with the repairs
if necessary.
4. In the event the Developer, 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 Developer, 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 Developer's.
5. The Developer, 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 Developer, 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 Developer 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
Developer. 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
DEVELOPER 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. DEVELOPER 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 DEVELOPER 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. Developer 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. Developer 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 Developer, 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 this day of�o-��►a/ 20 13'
Developer City of Fort Worth
Name: Jesus J. Chapa
�� `� Assistant City Manager
Title: � C e r e S. >!..c.
Approved as to Form and Legality
'116
ssistant City Attorney
ATTEST �FORT
� �2
City Sec et
�XAS
M&C: L�
1295: ��ha
OFFICIAL R;
CITY SECRETAR 1
FT. QRTs'-,-,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Aua Ag Alt by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
LINDA M.HIRRLINGER
=•: •= My Notary ID#124144746p` . MkA
2,2022 `�
'.. .. ..- '^�Ferry otary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 8th day of
January 201s, personally appeared
Ron Welborn
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
Jackson-Shaw , and that he executed the same as its
Vice President and as the act of such Developer and for the purposes and
consideration expressed in the foregoing instrument.
i
JANA DAVIDSON
_s i;'• �F=Notary Public, State of Texas
Comm. Expires 03-24-2020 otary Public,'State of Texas
Notary ID 13059442-7
CITYECPH.TARl"
STORMWATER FACILITY MAINTENANCE AGREEMENT
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.
Ashraf Ibrahim
Management Analyst II
t
ALftp �:;„ RECRETARY jl�THO TX
r•
EXHIBIT "A"
"Storm Water Detention Facility"
BEING 5.581 acres of land situated in the M.E.P. & P.R.R. Co. Survey Abstract 613,
Wise County, Texas, and being a portion of a tract of land conveyed to Susan R. Welborn,
Trustee, by deed recorded in Volume 1016, Page 66, Official Records, Wise County, Texas
(O.R.W.C.T.), and being more particularly described by metes and bounds as follows:
COMMENCING at a 1 inch iron rod found at the most westerly northwest corner of said
Welborn tract, also being the northeast corner of a tract of land described in deed to XIA
Realty LLC, as filed in Instrument #2013-18310, O.R.W.C.T., and also being in the south
line of a partition deed to Livengood Family Trust et al, as filed in Instrument numbers
2013-28993 thru 2013-28996, O.R.W.C.T.;
THENCE N 89036'41" E, along the most westerly north line of said Welborn tract, along
the south line of said Livengood Family Trust tracts, a distance of 633.67 feet to a 1/2 inch
iron rod found at the most southerly southeast corner of said Livengood Family Trust tract,
also being an reentrant corner of said Welborn tract;
THENCE N 00°11'16" W, continuing along the west line of said Welborn tract, and along
the east line of said Livengood Family Trust tract, a distance of 542.22 feet to a 1/2 inch
iron rod set with cap stamped "TNP Inc Esmt" (hereinafter all 1/2 inch iron rods set are
marked the same), in the west line of Mitchell Energy Corp., Pad #1, recorded in Volume
1024, Page 1, O.R.W.C.T., for the POINT OF BEGINNING of the hereinafter described
tract of land;
THENCE N 00°11'16" W, continuing along the most easterly west line of said Welborn
tract, and along the east line of said Livengood Family Trust tract, and passing along a
portion of the west line of said Mitchell Energy Corp., Pad#1, a distance of 814.52 feet to a
1/2 inch iron rod set;
THENCE over and across said Welborn tract,the following courses and distances;
S 72006'05" E, a distance of 109.86 feet to a 1/2 inch iron rod set;
S 52058'35"E, a distance of 46.06 feet to a 1/2 inch iron rod set;
N 90°00'00"E, a distance of 218.80 feet to a 1/2 inch iron rod set;
S 15°47'51" E, a distance of 64.92 feet to a 1/2 inch iron rod set;
S 74°12'09" W, a distance of 78.36 feet to a 1/2 inch iron rod with cap stamped
"RPLS2010", found at the northeast corner of said Mitchell Energy Corp., Pad#1;
Sheet Iof 3
JKS 17090
S 00'08'14"E, along the east line of said Mitchell Energy Corp., Pad#1, a distance
of 118.84 feet to a 1/2 inch iron rod set;
S 14°30'57" E, leaving the east line of said Mitchell Energy Corp., Pad #1, a
distance of 52.91 feet to a 1/2 inch iron rod set;
S 75°29'03"W, a distance of 10.66 feet to a 1/2 inch iron rod set;
S 12°17'20"E, a distance of 52.95 feet to a 1/2 inch iron rod set;
S 10°59'20"E, a distance of 50.01 feet to a 1/2 inch iron rod set;
S 03'30'14"W, a distance of 296.58 feet to a 1/2 inch iron rod set;
S 74°O1'18"W,passing over and across the east line of said Mitchell Energy Corp.,
Pad#1, a distance of 163.11 feet to a 1/2 inch iron rod set;
S 87°58'28" W, continuing over and across said Mitchell Energy Corp., Pad #1, a
distance of 158.29 feet to the POINT OF BEGINNING and containing 243,100
square feet or 5.581 acres of land.
tie OF TF
THER.11 ON W.SIMS
Theron W. Sims, R.P.L.S. ••+,••�......�""""""';'
Texas Registration No. 5887 =.• 0 5887 *v
Ste% •'pQ,
Date: December 27, 2017 qy0 SUAV��
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An
average Combination Factor of 1.000160788 was used to scale grid coordinates and distances to
surface.
2. Integral parts of this survey:
a. Legal Description&Sketch
Sheet 2 of 3
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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
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
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT O
Rev.11/17/2016
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