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Home My WebLink AboutContract 51912 CITY SECRETARY CU14,rRA(;T 1v0. DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT �yy, �m� i T-" THIS AGREEMENT, made and entered into this day of 4ffnuMy, 2019, by and between Brazos Electric Power Cooperative, Inc., 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 five acre tract located in the Thomas Peck Survey, Abstract 1209, Tarrant County, Texas according to the Agreed Judgement recorded as Instrument No. D214044241, 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 Summerfield Substation 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 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the O iAL R CURD RMWATER FACILITY MAINTENANCE AGREEMENT CITY �, dp��p��+�p,�� ev.11/17/2016 `�. Y19aJ� orW. irx 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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. S. 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 4 Rev. 11/17/2016 Executed this /Aday of "—20 Landowner: BRAZOS ELECTRIC POWER COOPERATIVE, INC. City of Fort Worth , —_ "J� Name: Cliftol arnei Jesus J. Chapa Assistant City Manager Title: Execut e Vice President& Genera Manager Approved as to Form and Legality Assistant City Att&ney ATTEST F0& ,;��• Tom. City Se _ * . 'CAS OFFICIAL RECORD CITY SECRETARY , STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTY,TX Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on. 1Z• ?00 by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. ,aY MARIA S.SANCHEZ "'I. My Notary ID#2256490 Expires December 19,2021 gotry Public, State, of Texas STATE OF TEXAS § COUNTY OF McLENNAN § Before me, the undersigned authority on this A(!!- day of January, 2019, personally appeared Clifton Karnei, Executive Vice President & General Manager, 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 Brazos Electric Power Cooperative, Inc. and that he executed the same as its Executive Vice President & General Manager and as the act of such corporation and for the purposes and consideration expressed in the foregoing instrument. ar CANDACE DENTON — 0,0 •;�� Notary Public Notary Public, Stat of Texas N �* STATE OF TEXAS ro#1138504-8 OfComm.Ex .Oct.18 2022 OFFICIAL RECORZ CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH,T 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 performaiAce and r orting requirements. Ashraf Ibrahim Management Analyst 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX k e i EXHIBIT 'A" i STORM WATER POND EASEMENT i DESCRIPTION l BEING a tract of land situated in the Thomas Peck Survey, Abstract No. 1209, Tarrant County, Texas, being a ! part of that certain 5.020 acre tract of land as described in Exhibit "B" by Agreed Judgment, between Brazos Electric Power Cooperative, Inc, and Blue Maple Group, LLC, Cause No. 2013-005485-3, recorded in County Clerk ` Document No. D214044241, Deed Records Tarrant County, Texas, said tract of land being more particularly i described by metes and bounds as follows: COMMENCING at a 5/8" iron rod with a yellow cap stamped 'DUNAWAY ASSOC. LP"found for the southeast corner of said 5,020 acre tract, from which a found 3/8" Iron rod for the southeast corner of a 3.67 acre tract (Tract B) of land described in deed to Texas Electric Service Company (TESCO), as recorded in Volume 7219, Page 179, Deed Records, Tarrant County, Texas, bears South 89'10'03" West, a distance of 10.61 feet and South 01'29'57" East, a distance of 400.00 feet, said corner being near a wire fence on the west side of Old Denton Road; i I South 8910'03" West, with the south line of said 5.020 acre tract, passing the northeast corner of said TESCO Tract B at a distance of 10.61 feet, continuing a total distance of 388.78 feet to a point for the i POINT of BEGINNING of herein described tract of land; 1 THENCE South 89'10'03" West, continuing with the south line of said 5.020 acre tract and with north line of said TESCO Tract B, a distance of 21.83 feet to a 5/8" iron rod with a yellow cap stamped "DUNAWAY ASSOC. LP" found for a re—entrant corner of said 5.020 acre tract and the northwest corner of said TESCO Tract B; i s THENCE South 01'29'57" East, with an easterly line of said 5.020 acre tract and the west line of sold TESCO Tract. B,_ a distance of 150.00 feet to a 5/8" iron rod with a -yellow cap stamped "DUNAWAY-ASSOC. LP" found s for an re—entrant corner of said 5.020 acre tract and the northeast corner of a 5.77 acre tract (Tract A) of t fond described In deed to Texas Electric Service Company (TESCO), as recorded in Volume 7219, Page 179, D.R.T.C.T.; I i THENCE South 89'10'03" West, with a south line of said 5.020 acre tract and the north fine of said TESCO Tract i A, a distance of 180.01 feet to a 5/8" iron rod with a yellow cap stamped "DUNAWAY ASSOC. LP" found; t THENCE North 01'29'57" West; departing the north line of said TESCO Tract A tract and with the west line of said 5.020 acre tract, a distance of 215.73 feet to a point; THENCE North 88'30'03" East, departing the west fine of said 5.020 acre tract, a distance of 132.59 feet to a point; i THENCE North 00'49'57" West, a distance of 150.00 feet to a point; i THENCE North 88'30.'03" East, a distance of 70.03 feet to a point; j THENCE South 00'49'57" East, a distance of 218.08 feet to the POINT OF BEGINNING AND CONTAINING a calculated area of 51,033 square feet or 1.171 acres of land. Notes. The basis of bearings for this Exhibit is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property. �E OFT Gtsreq ...............�� STEPHEN R.GFLo O• S�UcPP f 'osovQQU N AWAY � iI I �{ �A S URNIy � 550 Bailey Avenue•Suite 400•Fort Worth.Texas 76107 d Tel:817,335.1121 r Fox:817.335.7437 /n� FIRM REGISTRATION 10098100 PAGE I OF 2 EXHIBIT 'A' STORM WATER POND EASEMENT I •� i f o l BLUE MAPLE GROUP, LLC P4COUNTY CLERICS DOCUMENT NO. D2`130`12615 i p 1 I D.R.T.C.T. ` H 1 j SET 5/8'IRON ROD W/CAP -— — Z STAMPED'DUNAWAY Assoc.WN89'10'03"E. 595.40'—_ __ —— — A _ 1 O 1 S 1 f} 1 1 1 Q C9 N88°30'03"E BRAZOS ELECTRIC POWER COOPERATIVE, INC. 04 0 1 COUNTY CLERK'S DOCUMENT .0 � 1 1 70.03 NO. D2140440241 � 1 - D.R.T.C.T. Cj Iq OD 9 �0 LU 1 NNWE: f 1 h188030'03"E `'"'_ Ell�. SET 5/8•IRON RDD W/CM I ! 32.5`y' I . .;;' p STAMPED'DUNAWAY ASSOC,lA" . L 7 -0 I POINT OF POINT OF 1 _ x 1 BEGINNING COMMENU. CING 1 1 Y S LO -STORMTA►ATER r - -- -- S89"10'03"W 410.61' — 10.61' 1 ONDTASEi41ENT 1 I !n o 1 " S89010103"W 21.83' N o 1171ACRCS ON COR ELECTRIC DELIVERY CO., LLC o 1 r 52b33S �7AREEETY y TRACT B vl o� I = VOLUME 7219, PAGE 179, D.R.T.C.T. IRON1 ! {_ - " 1 SET 5/8'IRON RDD W/CAP ROD FOUND i STAMPED'DUNAWAY ASSOC.LP• ' °10'03"W S01 029'57"E 150.00' S89 180.01, 1 SET 5/9'IRON ROD W/CAP 1 STAMPED"DUNAWAY ASSOC.LP' } SEF 5/8'IR011 ROD W/CAP I STALIPEO DUNAWAY 0 SOO ZOO ASS=LP' ONCOR ELECTRIC DELIVERY CO., LLC TRACT A ` SCALE: 1"= 100 ft. VOLUME 7219, PAGE 179, PAGE Z OF 2 D.R.T.C.T. 8000678.001 i A metes and bounds description of even OF date accompanies this drawing, ij��t�tisr>'yFp�tP STORM WATER MARCH 18,2014 .STEPHEN R•GLOSUP POND EASEMENT 1.171 ACRES ; e'.%5570 fs�✓t�SR4 G CITY OF FORT WORTH TARRANT COUNTY,TEXAS 550 Bailey Avenue•Suite 400•Forl817 Worth.Texas 76107 i Tel:817.335.1121•Fax:817.335.7437 FIRM REGSSTRATION 10098100 3/ i W !8 P l 1 ! 1 t 3 9>'� 2y P eelE 11 Y! a ! s �iI! `mid PfF [ t 91 g 013 T 9 `� iEe a3tl` ,, It 1 G CY' t) S E3� lk3y . % �,..' 'e:.a: e: '. aP..'e .. i.. a•ee. ' '� Y e§ '�y SI�j �6�!' �°F@`� is $, s3a �s 4 v� YpC iIla 1. e� 44 eq aY to ve! ' ( 5°-e. •Y3 q s. kf4_la` £ g� ��6 �- Qa6 gYi` 8e7 IN !'3Yetll: i IIS �iNLAi ! : 1 �:_ :- till — p INA 9z All aj tr pIH- a 22 sf 761 zi .1. AM R 1264 flaP, R. 1,11:1.1h k V0. • i 11 lit IT' 01 I gill OYIN gi. 31 Na i 9b A 38 1.14 All Exhibit "C" CITY OF FORT WORTH STORM WATER 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. STORM WATER FACILITY MAINTENANCE AGREEMENT g Rev.0 9/1 01201 2 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass ci[ppings Violations Noted _ =_=.-iii-...__aL:•:��=rttr•rFr-r-:—_—_i+-_.-:,:—_-._:3.�:r..—.:--:—.z—.._:t.i-r�iF�ti3:r._,i _.i.1�Y.:- _ ___ — .v..ZY- .vi!' MINOR INSPECTION Condition of Pond Amount of sift 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 . .� �w .rte ac vim,:a__ •.?—.za:,. -,"'_:.:_. MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.09/10/2012 Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals -Evidence of Aquatic life Condition of Aeration Foundation i STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 1 1