HomeMy WebLinkAboutContract 51495DOE #
CITY SECRETAR)
CONTRACT NO.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, by and between Parkwood Trail Lot Venture, Ltd, acting by and through Adam
Buczek in his capacity as Authorized Signer of Parkwood Trail Lot Venture GP
Corporation (the General Partner of Parkwood Hill Lot Venture, Ltd), 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 11.39 acre tract located in the Phillip Green Survey, Abstract 566, Tarrant
County, Texas recorded in Instrument Number D218115193, 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 Parkwood Hill 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
s�c9 P 07 1/y CITY SECRETARY
gQf.? STORMWATER FACILITY MAINTENANCE AGREEMENT FT, WORTH, 1T^
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 11/17/2016
[SIGNATURE PAGE FOLLOWS]
i0""
Executed this day of 20_.
Landowner:
Parkwood Trail Lot Venture, Ltd.,
A Texas Limited Partnership
By: Parkwood Hill Lot Venture GP
Corporation,
A Texas Corporation
Its general poner
By:— uczek /7/" G—'Title: Authorized Signer
M&C:-AA�N
1295:-
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
City of Fort Worth
Jesus J. Chapa
Assistant City Manager
Approved as to Form and Legality
I n
Xssistant City Attorn y
ATTEST
ity S x
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me onC!��, by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
'<;•.~ MARIA
i
L-
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the
A U1';L--1 /1. �14t44 -
Not ry Public, State of Texas
undersigned authority
201K,
A .4 / r- ,
on this al 01 day of
personally appeared
L041 VP 11 k1 e G P Ca Q81a11b4 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
Par-IAcayood Lof Venkre- L,I,& and that he executed the same as its
znol -Q'CAz and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
PAjRIC1A SNYUER
Te
to of x
State a
06-30-?0�
�s
s1='.Ir, � ' 1�.6P�GOp,
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
FO�F�- -
Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performanc an e orting requirements.
Ashraf Ibrahim
Management Analyst II
F
RECORD
ETARY
THo TX
EXHIBIT "A"
BEING 11.393 acres of land situated in the PHILLIP GREEN SURVEY,
ABSTRACT 566, Tarrant County, Texas and being a portion of that certain
tract of land conveyed to Lumbermen's Investment Corporation by
instrument recorded in Volume 12717, Page 1440 of the Deed Records of
Tarrant County, Texas (DRTCT) and further described as follows:
BEGINNING at a 5/8 -inch iron rod with cap stamped "Survcon Inc." set
for the southwesterly corner of said Lumberman's Tract and being on the
easterly line of Parkwood Hill Boulevard (a 80 -foot wide platted right-of-
way);
THENCE North 07 degrees 41 minutes 11 seconds East along said easterly
right-of-way line, 1170.37 feet to a 1/2 -inch iron rod with cap found for
the southwesterly corner of Lot 1, Block 1 of the Villages of Parkwood
Estates, an addition to the City of Fort Worth according to Plat thereof
recorded in Cabinet "A", Slide 6394 of the Plat Records of Tarrant County,
Texas (PRTCT);
THENCE South 82 degrees 18 minutes 49 seconds East along the
southerly line of said Block 1, 424.88 feet to a 1/2 -inch iron rod with cap
found for the southeasterly corner of Lot 5 of said Block 1 and being on
the westerly line of the T&P and M.K.T. Railroad (a 100 -foot wide right-of-
way);
THENCE South 07 degrees 41 minutes 11 seconds West along said
westerly line, 963.12 feet to a 5/8 -inch iron rod with cap stamped
"Survcon Inc." set;
THENCE North 82 degrees 18 minutes 49 seconds West, 50.00 feet to a
5/8 -inch iron rod with cap stamped "Survcon Inc." set;
THENCE South 07 degrees 41 minutes 11 seconds West, 20.00 feet to a
5/8 -inch iron rod with cap stamped "Survcon Inc." set;
THENCE South 82 degrees 18 minutes 49 seconds East, 50.00 feet to said
westerly line of the railroad;
THENCE South 07 degrees 41 minutes 11 seconds West along said
westerly line, 187.25 feet to a 1/2 -inch iron rod found for the
southeasterly corner of the aforesaid Lumbermen's Tract and being the
northeasterly corner of Lot 1, Block 1 of the Basswood Commercial
Addition, an addition to the City of Fort Worth according to the Plat
thereof recorded in Cabinet "A", Slide 5829, PRTCT;
THENCE North 82 degrees 18 minutes 49 seconds West along the
southerly line of said Lumbermen's Tract and the northerly line of said Lot
1, 424.88 feet to the POINT OF BEGINNING and CONTAINING a
computed area of 11.393 acres of land.
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev. 11/17/2016
EXHIBIT "A"
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EXHIBIT "A"
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EXHIBIT "B"
IGn Ah n.+cn+inn D -d q-- UnAM. l Dafinnal Mntl.. A
Orifice Calculations
South Pond Oa= 5.37 ds
D (in) D (ft) H (ft) Q(cfs) Qa (cfs)
9.50 0.79 4.60 S.08 5.37
Orifice Calculations Q=3.78 x D' x H"Qa = Allowable Flow
OVERFLOW STRUCTURE
Timeof
K'.be�' S °'s 1.49(1+m(b/d))" s/s
Q nY a K- I3+21d/bl(1+m'))" ) (d/b)
Maximum Water
Return Event
Q.
Q
Ta
Pa
Vvreem vy
Psso
ywas
Label
Scenario
(Years)
(ds)
(ds)
(min.)
(in)
(Cu. Yd.)
(in.)
(Cu. Yd.)
Surface Elevation
0.62 15
STOPoR DUFIATICNS ,,� MW.*A
,NF,Aw, Cu racw
STORAGE
1:
TYPICAL SECT10OVERFLOW
10.73 DRAINSTOSOUM POND _
(menses) r li-) , lay)
, M)_ , (p)
, mar_
STRUCTURE
(ft)
1.67
Tarrant- e, b, d
4.01
DRAINSTO INLET3
1
1.63
0.67 15
3.32 4.86
7.98
3.63
5.31
South Dention Pond
coefficents., 1 yr
1
2.11
9.82
46.58
1.27
344.33
177
481.61
665.85
Tarrant - e, b, d
DRAINAGE
Area
South Dentian Pond
coefficents., 5 r
5
3.09
14.38
60.22
2.19
590.06
2.95
795.54
666.65
C(autwl)
Tarrant - e, b, d
(in/hr)
(in/hr)
(in/hr)
(ds)
(ds)
(ds)
South Dentian Pond
coefficents., 100 r
100
5.08
23.59
71.27
4.09
1090.35
5.44
1450.56
668.00
Orifice Calculations
South Pond Oa= 5.37 ds
D (in) D (ft) H (ft) Q(cfs) Qa (cfs)
9.50 0.79 4.60 S.08 5.37
Orifice Calculations Q=3.78 x D' x H"Qa = Allowable Flow
OVERFLOW STRUCTURE
Timeof
K'.be�' S °'s 1.49(1+m(b/d))" s/s
Q nY a K- I3+21d/bl(1+m'))" ) (d/b)
maalllea Kaeonal mennoa uses Trdm OWm Hydrology manual. tcluanions useo: 1.2b, LZ/, 1.2na, and 1.28b. Also used were ladle 1.8 and me
SOUTH SITE PROPOSED- DRAINAGE CALCULATIONS QFCIA
Rainfall Table to Tarrant County.
Timeof
SOUTH DETENTION POND DESIGN
DRAINAGE
Area
is is
im
Posedl Waage Arca' 4.S acRa
Axla1l Cdemderr�
Cil.
Eas" Cgoosarlown 167.L cls
(,acres)
C (actual) Concentration
(min)
(in/hr) (in/hr)
Precror n : VA olhI-
(ds)
Ids)
(ds)
qr me ramu, n dtYensldt' 6.O dfa
0100
2.17
0.62 15
STOPoR DUFIATICNS ,,� MW.*A
,NF,Aw, Cu racw
STORAGE
1:
TYPICAL SECT10OVERFLOW
10.73 DRAINSTOSOUM POND _
(menses) r li-) , lay)
, M)_ , (p)
, mar_
STRUCTURE
7.98
40
Raintall date (inlane in inft)rrae taken from the iSWMHtdmloglTechnirel AMnualforTanarn Courtly
SOUTH DETENTION POND DESIGN
Pr:osad Oafnige Area' 1.66 aures aNw Coorwef' 0.!6
Ektl VM CmMn my.= ch
Pffipdsed mtAtlow tiM cls
Ordmse trAmo Milm nr 6# cfs 01
SIMiM DURATIONS Ir IgSCHARGEI INFLAW) SIF l- STORAGE
ImanMsl leMxl Ic61 t ) LI ON
20
2.93
REQUIRED
Rainfall date(inlensilyin in&) was liS1
aken bom the &I-I)drologyTechnical Ahnual forTanant County
A/4
I 4W MQ[
SOUTH DETENTION POND DE SIGN
Prtpmed&Wnap Ana' 466 aeS 1a1norl ConThalent 0.66
E*OV OAnalll W." ds
PfflposwconOtion 1111141111111 da
Qrdewe wMah clv v crr 0.A C s 05
Overflow Structure
South Detention Pond
SOUTH DET£IVTI A POND SECTIOWSOUTH DETENTION
OUTjFT STRUCTURE POND OVERFLOW STRUCTURE
Nrr NIS
RAOVO L. G"SAN eR../NG
COVsuc RM; ENGNEER5
660/ EMME SMEET, SU17F 420
F0R7 #KWIH., 7FXA5 76112 B/7-687-oo8o
E-A/ARr dnordrr0l9.nccorn PIRA/ REG F-491
RL G�181.3 00.3
EXHIBIT B
SOUTH DETEN77ON POND CALCULA TONS
PARKWOOD HILL DEVELOPEUENT
CITY OF FORT WORTH, TEXAS
i
SOUTH DETENTION PoNp
OVERFLOWSTRUCTURE DETAIL
)•1
Nrs
SOUTH SITE PROPOSED- DRAINAGE CALCULATIONS QFCIA
Timeof
DRAINAGE
Area
is is
im
Q7
Qs
Cil.
(,acres)
C (actual) Concentration
(min)
(in/hr) (in/hr)
(in/hr)
(ds)
Ids)
(ds)
Remarks
F
2.17
0.62 15
332 4.86
7.98
4.47
6.54
10.73 DRAINSTOSOUM POND _
E
0.75
0.67 15
3.32 4.86
7.98
1.67
2.44
4.01
DRAINSTO INLET3
1
1.63
0.67 15
3.32 4.86
7.98
3.63
5.31
8.71
DRAINSTOINLET4
SOUTH SITE
EXISTING -DRAINAGE
CALCULATIONS
Q=3A
of
DRAINAGE
Area
it
is
Ito
Q2
Qs
Qtm
��
(dues)
C(autwl)
Concentration
(in/hr)
(in/hr)
(in/hr)
(ds)
(ds)
(ds)
(min)
Remarks
C
2.73
0.30 15
3.32 4.86 7.98
2.72
3.98
6.53
DRAINS TO SOUTH EAST
Rainfall data (intensityin in/hr) was taken from the iSWM Hydrology Technical Manual for Tarrant County.
SOUTH DET£IVTI A POND SECTIOWSOUTH DETENTION
OUTjFT STRUCTURE POND OVERFLOW STRUCTURE
Nrr NIS
RAOVO L. G"SAN eR../NG
COVsuc RM; ENGNEER5
660/ EMME SMEET, SU17F 420
F0R7 #KWIH., 7FXA5 76112 B/7-687-oo8o
E-A/ARr dnordrr0l9.nccorn PIRA/ REG F-491
RL G�181.3 00.3
EXHIBIT B
SOUTH DETEN77ON POND CALCULA TONS
PARKWOOD HILL DEVELOPEUENT
CITY OF FORT WORTH, TEXAS
i
SOUTH DETENTION PoNp
OVERFLOWSTRUCTURE DETAIL
)•1
Nrs
1
J
6
EXHIBIT "B"
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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
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
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
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. 11(17(2016