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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" \ c 1 ]IN d s( YI gi III p (� ! l� y�i II# @{ e l i •: . { � j;{ � a�Qti 4 1d1 � a8� �if Pli call e t• �� a i -f a a, 11 8< jell __� !lj � Flat iie}sa : I `t al!�ttE ` NMI t 3�3F` 1° { ` l' ilpiak aIIl�n ` 1111th : ?{et I : I.Till ! SIN � , � !� � ),l�i t 11F'111 °i 1 j`yyee ke` a ; o c� 1971410Y 175 �Da2C ?F aCm° g5 B 1a�to�.i.�a: o"��m F 4oiB€a3 e iiipipp:pk�kF�Fp.ppipkiki7 � o �1 �fi�C9St[Cg{� eo��yo2 �� a eoa aee eeEE 2i � O�tp 0., KR a A ; l t{2 tqk t{ o \ u a e � t^�. �4 V El t5i Sf� Ei E� Cytl tii C5� Q�� �e g�1p Iii 64tt61916 lS SiaSiS55SS V �� 4� < h E° Z g �� 1sa lieeeiC`Frii@339�S.tijj.4 sdd 5 �3 I66i69�iSf��Si� F S t 9Yr� pp fie' � Z� 03 t4 8 s� a 8 \ c 1 ]IN d s( YI gi III p (� ! l� y�i II# @{ e l i •: . { � j;{ � a�Qti 4 1d1 � a8� �if Pli call e t• �� a i -f a a, 11 8< jell __� !lj � Flat iie}sa : I `t al!�ttE ` NMI t 3�3F` 1° { ` l' ilpiak aIIl�n ` 1111th : ?{et I : I.Till ! SIN � , � !� � ),l�i t 11F'111 EXHIBIT "A" 2 � pvNxo i� ga $ e o`O=Ila�aa s All ��,1•ac �l o'` z 2 oNb�� yo 4 Oa i aF i, aON`� 54yw� � 1pVe��o �� CEA Ve� i � � S ➢ i �� Ia4 8 e$4=�➢ �t g jP�� rag€� € E`g� ISS. 'E�€� c a B a � ;&aa s-25€ 4 €gsdT 1�m�� s' p• !;@ = �a�o�q' ➢3 eR i��Et 4€€g�g F i� �g�8 '�m4 iE'�g � a 'p `4i =€ 8 i ° RF e. ➢➢A€y 8 �N �>a�t i I il€ �R h as Y oppY A -a€ �° 8g tl� ➢YDE➢a4 �� E ` 80 8_. ;��`€B �1 i€ gra t M1€9 Ig F8 4 €$!?�� EP C �I€s oa if 8�°ea 8$S I® h YF�� o If Ando �'g➢gat° tt�€a�j tlg3F8 �i4 t. e a8 6 e p Y et _j ^a titY{�o� €�EoSc� a €€' g,g➢ as a a it�s�g tag. i` '6a8 aNgda EBS €a 's€ �8 88 �8�9i Rjz €� E ag `sy €- o 0 o ami �gF �$t$ BEbab a 4 ata� �e a�P$� =At .I M f d_.e4S6 m;�_�ad,a's �'➢afl{4E�� ��c[2ai.z�� RsE� a6° a�I T gg V d€3A t➢ 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" W I Ili oo Ill Ii I I �v� N Lo N C III I i o 1111 O 0 I III o 0 I N Ill ll (Z I e I 111 N m I � I � RE Wo - 89g U --J O I 11 0 cR "I O LU W j o 0 1 h O W h O 0 � I h � I ol �z I I I I l I 999 m 999 m I I Z O — AN— N _ h ry LQ �000 lea -rz L-,--15 001 o 2.ry O ohQ l I 2N,� KIS SIa �W lil 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