HomeMy WebLinkAboutContract 51914 ,1R ®.Y�J 10 "1
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of �
, by and between ?�/C-�( L4-C, acting gy and tilrough
a4�" Iq11-ef'1 , 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 11.4 acre tract located in the David Odum Survey, Abstract 1184, Tarrant
County, Texas according to the deed recorded in Instrument No. D218142977, 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 Fossil Creek Industrial
Development 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,c�C�rr`g=�ICIAL RECORD
a�l
11C�v 1��0 OQ�� STORMWATER FACILITY MAINTENANCE AGREEMENT a � SECRETARY
Rev.11/17/2016 FT WORTH,TX
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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.
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 4
Rev.11/17/2016
Executed this 1,4+h day of 'Ff,/bMa,r 2019
Landowner City of Fort Worth
', Fvss� LLG
Jesus J. Chapa
l r5 L Assistant City Manager
J �
Approved as to Form and Legality
CC— LAssistant City orney
ATTEST
CVy ece 'n
Name: .Obi ygtz--- ; • XP'ss
Title: z)i t-ecyov-!-
OFFIICIIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CI� pSECRETY
FWORTH, aXRev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on j It' � by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
YB`r:. M,gRIAS,SANCHEZ
My Notary ID#2256490
Expires December 19,2021 ota Public, State of Texas
nrF•o�tE+',
STATE OF TEXAS §
COUNTY OF TARRANT §
�
1.3eWire me, the undersigned authority on this ��� day of
201j, personally appeared
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
/`Disc tr�r and as the act of such Pk and for the purposes and
c nsideration expressed in the foregoing instrument. ' ,«-C
DIANE CAROL BARTON]
=r°? +gNotary Public,state of TeNotary Public, State of exas
i��, Comm. Expires p7-23-2
Notary ID 12499690
OFFICIAL RECORD
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 perfo mance and reporting requirements.
Ashraf Ibrahim
Management Analyst II
OFFFICIAL RECORD
CITY SECRETAR
DRAINAGE FACILITY EASEMENT
Part of FR Fossil Creek, LLC tract
David Odum Survey, Abstract No. 1184
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 24,494 square foot (0.562 acre) tract of land situated in the David Odum Survey,
Abstract No. 1184, City of Fort Worth, Tarrant County, Texas; said tract being a part of that tract of land
described in Special Warranty Deed to FR Fossil Creek, LLC recorded in Instrument No. D218142977 of
the Official Public Records of Tarrant County, Texas; said 24,494 square foot (0.562 acre) tract of land
being more particularly described as follows (bearing system for this survey is based on the Texas
Coordinate System of 1983 (2011 adjustment), Texas North Central Zone 4202 based on observations
made on August 9, 2018 with a combined scale factor of 1.00012):
COMMENCING, at a 5/8-inch iron rod found at the intersection of the east line of said FR Fossil Creek,
LLC and the north line of Northeast Loop 820 Fwy; from said point a 1/2-inch iron rod found bears North
03 degrees, 06 minutes, 15 seconds East, a distance of 352.22 feet;
THENCE, North 87 degrees, 15 minutes, 11 seconds West, along the said north line of Northeast
Loop 820 Fwy, a distance of 99.44 feet to the POINT OF BEGINNING;
THENCE, North 87 degrees, 15 minutes, 11 seconds West, continuing along the said north line of
Northeast Loop 820 Fwy, a distance of 213.50 feet
THENCE, North 81 degrees, 34 minutes, 37 seconds West, departing the said north line of Northeast
Loop 820 Fwy, a distance of 59.77 feet
THENCE, North 87 degrees, 12 minutes, 15 seconds West,a distance of 224.49 feet to a point for corner;
THENCE, North 00 degrees, 31 minutes, 04 seconds West, a distance of 31.44 feet to a point for corner;
THENCE, North 89 degrees, 28 minutes, 56 seconds East, a distance of 506.99 feet to a point for corner;
THENCE, South 08 degrees, 41 minutes, 25 seconds West, a distance of 66.73 feet the POINT OF
BEGINNING
CONTAINING: 24,494 square feet or 0.562 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately s );ut the metes and bounds of the easement tract described.
..OF..TF
an' Date �P���sr�RFoy
�?: ;n
Registered Professional Land Surveyor No. 6534 ..:................:...
Pacheco Koch Consulting Engineers, Inc. PAUL DANIEL
.....
6100 Western Place, #1001, Fort Worth TX 76107 ;�9 6534 "q.
9''•'c6SS1 r
(817)412-7155
TX Reg. Surveying Firm LS-10008001 ° s U Vt
216x18.191 EX1.doc
216D-18.191EX1.dwg DRI
PAGE 1 OF 3
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FR FOSSIL CREEK, LLC I N n
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GRAPHIC SCALE IN FEET (INST. N0. 0218142977) I w0 U I a '-DD
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DRAINAGE FACILITY I Z O z 1 1 o
EASEMENT I I l a
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24,494 SQUARE FEET I L rn o W -JW Z
(0.562 ACRES) J U ; it a
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i N 89'28'56" E 506.99' -J v
3 I o
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IW I (VOL. 388-188, PG. 41)
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z 213.50'
� — —
P2I- 0.B-'_
- - - - - - -
5/8-INCH IRON
ROD FOUND (C.M.)
BARNETT GATHERING, (1/2-INCH IRON ROD FOUND
(INST. SEME207454175}NT BEARS N 3106'13' E. 352.22' (C.M.))
NO.a
LEGEND NOR THEA S T
PROPERTY UNE
— EASEMENT UNE
PROPOSED UNE L OOP 820 F WY
Q 0 POINT FOR CORNER
y (UNLESS OTHERWISE NOTED)
(C.M.) - CONTROLLING MONUMENT
IRS - 1/2-INCH IRON ROD W/
"PACHECO KOCH" CAP SET
j - POINT OF BEGINNING
P.0.C.- POINT OF COMMENCING
d NOTE
The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and . ..OF. -P survey date herewith accompanies this plat
3 bounds of the easement tract described. �� �. 1 gT ERF fy� of survey.
..r................;... 2. Bearing system for this survey is based on
PAUL DANIEL the Texas Coordinate System of 1983 (2011
•' �6534 adjustment), Texas North Central Zone 4202
*Dae
o ,��� based on observations made on August 9,
Do 'fpFFss��� 2018 with a combined scale factor of
� Regist ed rofessionai S U RN 1.00012.
Land Surveyor No. 6534
N6100 WESTERN PLACE. SUITE 1001 DRAINAGE
Pacheco Koch FORT WORTH. TX 76107 817.412.7155 FACILITY EASEMENT
TX REG. ENgNEEPoNG FIRM F-489 PART OF FR FOSSIL CREEK, LLC,
TX REG. SURVEYING FIRM LS-10008001 DAVID ODUM SURVEY, ABSTRACT N0. 1184,
d LWAo r a GAMZ' w By ecwef DA?E CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
S DRI PMD 1"=60' NOV. 2018 2160-18.191 PAGE 2 OF 3
0 30 60 120 EXHORT 10BI
FR FOSSIL CREEK, LLC
GRAPHIC SCALE IN FEET (INST. NO. D218142977)
DRAINAGE FACILITY
EASEMENT
24,494 SQUARE FEET
(0.562 ACRES)
N 89'28'56" E 506.99' ^
N
N 00'31'04" W
31.44'
a
_ — N 87'12'15" W
� 224.49 • _ _ rn
N 81'34'37" W213.50' W
\ 59.77' N 87'15'11" W I =
BARNETT GATHERING,
L.P. EASEMENT
w (INST. NO. 0207454175)
0
NOR THEA S T
N
O
" LOOP 820 FWY
Y
3
m
NOTES:
LEGEND 1. A metes and bounds description of even
PROPERTY LINE survey date herewith accompanies this plat
ff EASEMENT LINE
PROPOSED LINE Of survey.
9 0 POINT FOR CORNER
(UNLESS OTHERWISE NOTED) 2. Bearing system for this survey is based on
(C.M.) - CONTROLLING MONUMENT the Texas Coordinate System Of 1983 (2011
IRS - 1/2-INCH IRON ROD W/ adjustment), Texas North Central Zone 4202
'PACHECO KOCH' CAP SET based on observations made on August 9,
P.O.B.- POINT OF BEGINNING 2018 with a combined scale factor of
1.00012.
POINT OF COMMEN
P.O.C. CIN
DRAINAGE
6100 WESTERN PLACE, SUITE 1001
Pacheco Koch FORT WORTH, TX 76107 517.412.7155 FACILITY EASEMENT
TX REG. ENGINEERING FIRM F-489 PART OF FR FOSSIL CREEK, LLC,
TX REG. SURVEYING FlRM LS-10008001 DAVID ODUM SURVEY, ABSTRACT NO. 1184,
Ed am"or I GA&wev ar a�cwc,t n.r� Boa "" CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
c DRI PMD 1"�60' NOV. 2018J 2160-18.191 PAGE 3 OF 3
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LOCATED IN THE CRY OF FORT WORTH, TEXAS
J DRAWN BY CHECKED BY SCALE DATE JOB NUMBER DAVID ODUM SURVEY, ABSTRACT NO. 1184,
TBH TBH 1"=40' 11/07/2018 2160-18.191 TARRANT COUNTY, TEXAS
DWG FILE: 2160-18.191 GRAD.DWG
XREF FILE: 2160-18.191-BASE.DWG
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DRAWN BY CHECKED BY SCALE DATE JOB NUMBER DAVID ODUM SURVEY, ABSTRACT NO. 1184,
TBH TBH 1"=40' 12/12/2018 2160-18.191 TARRANT COUNTY, TEXAS
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TBH TBH 1'=40' 1107/2018 2160-18.191 TARRANT COUNTY, TEXAS
DWG FILE: 2160-18.191 GRAD.DWG
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2160-18.191 TARRANT COUNTY, TEXAS
DWG FILE: 2160-18.191 GRAD-DWG
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LOCATED IN THE CITY OF FORT WORTH, TEXAS
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TBH TBH 1"=40' 11/07/2018 2160-18.191 TARRANT COUNTY, TEXAS
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XREF FILE: 2160-18.191-BASE.DWG
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TX REG. ENGINEERING FIRM F-469 LOT 1, BLOCK 1
TX REG. SURVEYING FIRM LS-10008000 FOSSIL CREEK INDUSTRIAL
J DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER LOCATED IN THE CITY OF FORT WORTH, TEXAS
J DAVID ODUM SURVEY, ABSTRACT N0. 1184,
= TBH TBH 1"=40' 11/07/2018 2160-18.191 TARRANT COUNTY, TEXAS
DWG FILE: 2160-18.191 GRAD.DWG
XREF FILE: 2160-18.191_BASE.DWG
DD C VL HU00H
PROP. BUILDING
FFE=635.90
0 20 40 8
GRAPHIC SCALE IN FEET
PROP. RET. WALL PROP. DRAINAGE ESMT
PROP. DETENTION POND
PROP. DETENTION OUTFALL,
POND 100 YR — — 1-24" TYPE B HEADWALL
WSE=629.50 W/ RESTRICTOR PLATE
FL 624.00
PROP. 24" STORM ' _ —
Oss FMI!?
Ev
WV®
HIE IE LOOIJ X 2 0 m ASPHALT
PAVEMENT
rn
PROPOSED OUTFALL
100 YR WSE= .629..50 _ . '7 . . . . . _ STRUCTURE (REFER
h=2.33' TO STORM PLAN)
100 YR HGL= 62717 1/4" THICK 3.0' x 2.0'
STEEL RESTRICTOR PLATE.
3.0' BOLT TO PROPOSED
HEADWALL AT ALL 4
o o CORNERS CENTERED ON
N N PROPOSED 24" OUTFALL.
7 PROP. 24" OUTFALL
°' (LINE "ST-G")
AREA =
" L 24" 624.00 \ 2.18 SF
3
m
1
PORED OUTFALL STRUCTURE
(NOT TO SCALE)
0
N
7557 RAMBLER ROAD SUITE 1400
FOSSIL CREEK INDUSTRIAL PUBLIC IMPROVEMENTS
DALLAS, 7X 75231 972.235.3031 DETENTION POND
A Pacheco Koch
TX REG. ENGINEERING FIRM F-469 LOT 1, BLOCK 1
TX REG. SURVEYING FIRM LS-10008000 FOSSIL CREEK INDUSTRIAL
LOCATED IN THE CITY OF FORT WORTH, TEXAS
J DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER DAVID ODIUM SURVEY, ABSTRACT NO. 1184,
= TBH TBH 1"=40 121112I72018 2160-18.191 TARRANT COUNTY, TEXAS
DWG FILE: 2160-18.191 GRAD.DWG
XREF FILE: 2160-18.191—BASE.DWG
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 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
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-
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 1 O
Rev.11/17/2016