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HomeMy WebLinkAboutContract 51721 CITY SECRETARY -CNTRACT NO. STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day ofG 3 , 20 N$ , by and between Harmon Fund, L.P., acting by and through Arjun Nagarkatti, 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 9.023 acre tract located in the J. Walker Survey, Abstract 1603, Tarrant County, Texas according to the deed recorded in Instrument No. D216244200 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 Harmon Senior Villas 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 RFCEIVEID of the Property; and DEC 3 12018 CITY OFFORTNJOR7H Ci WHEREAS, the City requires that on-site Stormwater Management Facilities ly SECRETARY ("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 0`C�F� �pSTORMW7A20ER6 FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD o S;511 CITY SECRETARY FT. WORTH,TX 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 2 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 Rev.11/17/2016 Executed this .;P-day of -etfM�Kf- 20/� Landowner: Harmon Fund, L.P., City of Fort Worth a Texas limited partnership By: AT Harmon GP,LLC, a Texas limited liability company, it's general partner 9—� %,m — - Name: Arjun Nagarlatti Jesus J. Ch 1"A Assistant City Manager 1 Title: President Approved as to Form and Legality Contract Manager: Name: Title: "Assistant City Attorney .F .FSR A ATTEST City'Secrew OFFICIAL RECORD ITY q: STORMWATER FACILITY MAINTENANCE AGREEMENT Ej Rev.11/17/2016 CM AECRETARY I OFFICIAL WORTH TX TX CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Caffornia ) County of SIS ) / , V .f k�1174 f rl (4,4JOnlr --7 7'01 before me, Date r Here insert Name and Title of the Acer personally appearedUI �1 /Ti Name(/of Signers) who proved to me on the basis of satisfactory evidence to be the pe n whose narn f) is/Ve subsc" to the within instrumet and acknowledged to me that he/s eft y executed the same in his/hi (their authorized capacity(i ,and that by hisfh /thl6ir signature( on the instrument the person(1161 or the en ity upon behalf of which the person(qjact executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that a fore9ping paragraph is true and c SHERI D.WILHELM WITNESS mh d n 1 i I Notary Public-California 2 Z Los Angeles County s Commission#2189478 Signature_ My Comm.Expires Apr 2,2021 of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑limited ❑ General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other. ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org• 1-800-US NOTARY(1-500-876-6027) lten#_5907 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § VAr This instrument was acknowledged before me onht1MJ1Jj-1,A/9 by t''°` , Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. *PY PU MARIA S.S14\ ' = of Public, State of Texas *= My NotaryID#2258490 3 N'•�i a1 i Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of 20_, personally appeared known to me to be the person whose name is subscribed to t foregoing instrument and acknowledged to me that the sam is the act of , a that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instru nt. Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT y� Rev.11117/2016 F 1. WdIRTH� 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 performance and reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT, WORTH,TX EXHIBIT "A" "Stormwater Detention Pond Facility" 0.554 acres of land situated in the J. Walker Survey, Abstract No. 1603, City of Fort Worth, Tarrant County, Texas and being a portion of a tract of land described in deed to Harmon Fund, LP, a Texas limited partnership, according to the deed filed in Instrument #D216244200, Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a PK nail set in asphalt in the north Right-of-Way line of Golden Heights Road (variable width), at the southwest corner of said Harmon Fund tract, also being the southeast corner of a tract land of described in deed to Michael R. Rick et ux Sharon L Rick, according to the deed filed in Volume 11725, Page 1366, D.R.T.C.T.; THENCE N 00°00'17" E, along the west line of said Harmon Fund tract and along the east line said Rick tract, at a distance of 25.72 feet passing a square monument found and continuing along said line, in all a distance of 30.22 feet; THENCE leaving said line over and across said Harmon Fund tract, the following courses and distances; S 89°59'43" E, a distance of 154.46 feet to the POINT OF BEGINNING of the hereinafter described tract of land; N 00'00'17" E, a distance of 64.93 feet; S 89°59'43" E, a distance of 9.78 feet; N 00'00'17" E, a distance of 23.50 feet; S 89°59'43" E, a distance of 14.00 feet; S 00'00'17" W, a distance of 23.50 feet; S 89°59'43" E, a distance of 355.72 feet; S 00'00'17" W, a distance of 26.60 feet; Sheet 1 of 3 AML 16051 S 61°58'l 9" W, a distance of 88.96 feet; N 89°19'58" W, a distance of 301.00 feet to the POINT OF BEGINNING and containing 24,125 square feet or 0.554 acres of land. PZ OF : January 4, 2017 " z ...d... ... .,_«..., Theron W. Sims, R.P.L. ............. THERON W.SIMS Texas Registration No. 5887 •••;;�••�•••-•••••-^ -g 5887 t r Surveyed on the ground February 24, 2016 �, �.Fs S% � 'r �Vp'SUR'45,o 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 1.0001589937 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description b. Sketch Sheet 2 of 3 AML 16051 CD 0 `n L z 9 I I � c w I 40 n rnN N N •:: `� Rl I > N `a [[ ad rO 1:;::: :;:; : :':�cP� I Q N w N E..............:...........:` a N Q ; o o o o [ I C7 n. oom o cn 0cn 0N E. 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( a ;_ ; a a ; ■�»k; ! k \ wx 5 cn LO ■ -© 2. . ^�. _ ^ ` m,2s ~ ~ ~ om c L&j% oil= § C3 cs« n -14 .0 S § § k - � / ! �® E ` bay f k 14 .4 � o { zlz S w C < U cn — . c o Ln C) a s § > o Ln ~ ~� � § �_ w a § � W I \ I ®~ I } I / �IER §/ C5 j ;- | ■ 7 i � ,• ��+!! ` / z-1 - � � � ■ � � » � - � i � - - \ ! > Z 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. Inspect retaining walls for settling or cracking. • 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 pond 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- Ra 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 Condition of Retaining Walls STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016