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Home My WebLink AboutContract 51272 �g1p 11 12 Q� CITY SECRETARY CONTRACT NO. a t �% c� Q`C310 � G�S OE Ch L STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , K, by and between RF HERITAGE INVESTMENTS LLC, acting by and through Heather Young , 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 15R Block 1 Santa Fe Industrial Addition being an approximately 8.644 acre tract located in the Thomas McCanne Survey, Abstract 1033, Tarrant County, Texas according to the deed recorded in Instrument No. D217291785, 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 Lot 15R Block 1 Santa Fe Industrial 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 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATERFACILrrYMAINTENANCEAGREEMENT 11�� ,.- Ray,1111712010 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.11117/206 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 continence with the repairs if necessary. I 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 1 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.1111 7120 18 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 [SIGNATURE PAGE FOLLOWS] i Executed this 28th day of August 2018. Landowner City of Fort Worth tee; Heather Young Jesus J. Chapa Assistant City Manager Title: Member Approved as to Form and Legality 11 It 4 411"Al I sistant Ftff— City Atto ey ATTEST ORT j2 :s ity Secr t .............. M&C:_ _ 1295: N RECORDRI�TARY N TX STORMWATER FACILITY MAINTENANCE AGREEMENT Jc Rev.11/1712018 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 117w il'tf 3by Jesus J. Chapa, Assistant City Manager of the City of Fort Wort , on behalf of the City of Fort Worth. ,•Yo.�P`'`SBI;• MARIA S.SANCHEZ My Notary ID#2256490 ,,....• Expires Decerrber 19,2021 Notari Publicte of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 28th day of August 2018, personally appeared Heather Young 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 , and that he executed the same as its member and as the act of such A and for the purposes and consideration expressed in the foregoing instrun. t. CW&6 otary Public, State of Texas SHARON EILEEN NELLIS %Notary Public, State of Texas Comm. Expires 04-11-2020 Notary ID 10763337 OFFICIAL RECORD CI"T"Y sIlCRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev,11/17/2016 PT.wo "m.TX 6 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 an reporting requirements. Ashraf Ibrahim Management Analyst II i RECORDRVTARYY",TX EXHIBIT "A" INSERT LEGAL DESCRIPTION EXHIBIT A Drainage Easement Being a drainage easement as shown on the Final Plat of Lot 15R Block 1, Sante Fe Industrial Addition recorded in D217288834 of the Plat Records of Tarrant County Texas, and being more particularly described as follows with bearings related to the east line of lot 15r monumented by an '/2 iron rod found at the northeast comer and an '/i' iron rod found at the southeast corner of Lot 15R being S0014'03"W; COMMENCING at said '/2" iron rod found at the northeast corner of said Lot 15R; Thence S22025'41"W 27.24 feet to the Place of Beginning; i Thence SO°26'00"W 16.79 feet to a point for a corner; Thence S45°26'00"W 8.30 feet to a point for a corner; Thence SO°26'00"W 109.44 feet to a point for a corner; Thence SO°26'00"W 61.98 feet to a point for a corner; Thence N88°52'42"W 21.00 feet to a point for a corner; Thence N00026'00"E 50.54 feet to a point for a corner; Thence N26°26'10"W 72.91 feet to a point for a corner; Thence NO°42'56"E 78.05 feet to a point for a corner; Thence S89°45'50"E 59.44 feet to the Place of Beginning and containing 7818 s.f., more or less. J '•..�D. FARMER Y......23...62. .......... � STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.111171201 e SUFFOLK LP 2901 SUFFOLK OR, FORT WORTH, 76133 D19813204B SANTA FE INDUSTRIAL ADDITION I ' Block: 1 Lot; 12A Vol. 388-210 Pg. 89 -- — — — — — POINT OF COMMENCING S89'48'00'.E (BY PLAT 15R) 1/2" IRON FND. — — N.E., CORNER LOT 15R L17 S22'25'41"W 27,24' 700�0- �I JI I 4 I I LOT 15R BLOCK 1 SANTA FE INDUSTRIAL ADDITION I o FORT WORTH INDEPENDENT SCHOOL (D217288834 PLAT RECORDS c�I 1— DISTRICT TARRANT COUNTY, TEXAS) 15 4200 LUBBOCK AVE I D217DO8125 Im Block 1 Lot K. Sonto Fe Addition 1 3 Vol. 388-93 Pg. 275 EASEMENT DEDICATED BY PLAT 0 0217288834 PLAT RECORDS �\ TARRANT COUNTY, TEXAS I I r THE BEARINGS ON THIS I Hyl I EXHIBIT ARE REALTED TO THE EAST UNE OF LOT 15R MIONUMENTED I ( ROD FOUND AT THE 7¢" IRON GRAPHIC SCALE LLl NORTHEAST CORNER AND AN Xt IRON ROD FOUND AT THE 5025 50 too 200 SOUTHEAST CORNER OF LOT 15R AND BEING S0.14'03"W � riTQ 4 ( DF rut ) F 1 .kDah - 60 !F. tirftiQR�e+y LINE TABLE qfa».......».... ". JD.FARMER LINE LENGTH BEARING ••Y•4~• ••~ •• L12 61.98 S00'26'00"W L13 21.00 N88'52'42"W L14 50.54 N00'26'00'E L15 72.91 N26'26'10"W L1.6 78.05 N00'42'56'E L17 59.44 S89'45'500E L1.8 16.79 S00'26'00"W Ll 91 8.30 S45'26'00"W L201 10.9.44 SOO'26'00"W EXHIBIT "A, DRAINAGE EASEMENT STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11117/2018 • - MEN CONNECT • ,d— UNDERDR,64N TO A • I STORM RA • ` 1 —041911, Lu IV 1 VQ Cb . ,. • . �Di7 Q141 �p� <1 Pw�, •dD4� onMel vn4Q•d44o o�+Olr��Olr�+O�/�+�r�T�p oI. 0-42W.0��oQ1Cs°l�uQ1��i�`"t •r a+arab i/aSee the Geotechnical Engineering Report + RW I(L)C as being applicable for this j �Q1�o�g�Q1�� ♦Q1�� 1a�� O�a0��aQ aQ•�o ► ► • Q'72- ir��oir s o pr e - � ,p•oo4a4op. .004op. •�-•• . �po ► o�w� • RETAJNING ICg�,v1��G ��0!•;��•. DV �i o it ooa4�I, ► ► ., 'gip ti QoaQo �aQ°�� S • >4' o4�peo4�pQo dad pwip 14 ► . aip � n = , 0-rod on-In odnv flrFn F452 )opo z oe� W.AbmmSL,ArIlinglan,Texas 760134928 Phone 1 1000 9011 1411 mwglneorslnc@h,twebe.com * o4s? PIPE UODERDRAJN p• s' 4:�• iI TENTIONJ RETAINING 09 � e•o�.-'p•sc. ► 20,03 •• • 'O • r .k EXIST TOP 718.0 SE OF EXISTING 3'x3' 100 YR WS 715.31 i*r .• '•_* JUNCTION BOX iJ.D.�•FARMER * � �............... ..i 0,0 4�+• 93 : OUTLET I 2176( I i � � • 071241201.0 ^ I I FL WEIR 713.6 io Ln Ln I I FL 3" HOLE FL 713.3 " 00 I I u EXISTING 30" R.C.P. I FL POND 709.85 I EXISTING 27" R.C.P. FL TWO 3" HOLES FL 709.85 FL 708.60 4.00 [4'-0" 3.00 0'0' - Iv — s,9ne. \ Texas registered engineering firm F-552 °00 Texas surveying firm 10100600 LO x� ^ 1101 W.Abram St.,Arlington,Texas 76013-6928 I \ _ Phone(817)860-1000 00 I mengineersinc@bc.twcbc.com rn � � i M u 1/2" PLATE, GALVANIZED, N ALUMINUM, OR STAINLESS \ EXHUr B- STEEL. USE X" BOLTS ( ^ yr PLATE OUTLET STRCT UURE EVERY t 12" o I Lot Vw NO& 1 Santa Fe industrial Addn 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 i 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 9 Rev.11/1712018 Exhibit I'D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system Weration Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pand 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 10 Rev.11117/2010 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation I STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11117/2016