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Home My WebLink AboutContract 51932 o �NO I°13a DOE # � 234S � xl .� F&BC�IVED STORMWATER FACILITY 182019 MAINTENANCE AGREEMENT ClCl'ySF RFr�O rq THIS AGREEMENT, made and entered into this day of Fp b N4q (q , ZAOL, by and between Jefferson Oakhurst Scenic, LLC, acting by and through Matt Brendel, 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 0.1241-acre tract located in the John Little Survey, Abstract No. 958, Tarrant County, Texas according to the deed recorded in Volume 490, Page 547, 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 Oakhurst Scenic Multi-Family 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 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 FT. WORTH,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 reasonably 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 reasonably 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 day of_ 2019. Jefferson Oakhurst Scenic, LLC City of Fort Worth A Delaware li liability c Name: Matt Brendel Assistant City Manager Title: Divisi esident/Managing Partner &A 0-V+V � ��a�=- Approved as to Form and Legality ssistant City Attorney ATTEST �F��T� City Secreta _ ra OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH TX Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on bel if of the City of Fort Worth. • 4�,7N Fya( 4 MARIA S.SANCHEZ � t My NotaryID#2256490 +�•..• + Expires December 19,2021 Nota Public, State of Texas STATE OF TEXAS § COUNTY OF DALLAS § Before me, the unersi e autho i on this day of , 2019, personally appeared �, known to me to be the person w name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Jefferson Oakhurst Scenic, LLC, and that he executed the same as its and as the act of such limited liability company and for the purposes and consideration expressed in the foregoing instrument. ECA'.."'410 'm KARISSA NOELLE HARDING Notary ID#11sion E pir otary Public, State of Texas My Commission Expires" February 7.2022 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 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 performance,and reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 LEGAL DESCRIPTION DETENTION POND EASEMENT BEING a 5,407 square foot (0.1241 acre) tract of land situated in the John Little Survey, Abstract No. 958, City of Fort Worth, Tarrant County, Texas; said tract being part of Block 2, Cliff Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 490, Page 547 of the Deed Records of Tarranty County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to Jefferson Oakhurst Scenic, LLC recorded in Instrument No. D218235093 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows; COMMENCING at a 5/8" iron rod with red "KHA" cap found at the northeast corner of said, Block 2; said point also being in the west right-of-way line of Jaunita Street(a variable width right-of-way); THENCE South 00°03'38" East, along the said west line of Juanita Street, a distance of 40.30 feet; from said point a 1/2" iron rod found at the intersection of the said west line of Juanita Street and the north right-of-way line of Gillis Street(a 30' right-of-way) bears South 00°03'38" East, a distance of 177.22 feet; THENCE South 89°56'22"West, departing the said west line of Juanita Street, a distance of 96.28 feet to the POINT OF BEGINNING; THENCE Due South, a distance of 122.00 feet to a point for corner; THENCE Due West, a distance of 11.76 feet to a point for corner; THENCE Due South, a distance of 5.33 feet to a point for corner; THENCE Due West, a distance of 7.33 feet to a point for corner; THENCE Due North, a distance of 5.33 feet to a point for corner; THENCE Due West, a distance of 24.91 feet to a point for corner; THENCE Due North, a distance of 122.00 feet to a point for corner; THENCE Due East, a distance of 44.00 feet to a the POINT OF BEGINNING and containing 5,407 square feet or 0.1241 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with an applied combined scale factor at 1.00012. A survey plat of even survey date herewith accompanies this metes &bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. EXHIBIT "A" DETENTION POND EASEMENT �E OF JOHN LITTLE SURVEY, P•'''•GIST ABSTRACT NO. 958 �,;� eti o''•.cP MICHAEL C. BILLINGSLEY "�:' CITY OF FORT WORTH, I.CH ••••••••••'•""'•"" REGISTERED PROFESSIONAL MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 ....................... 801 CHERRY STREET, �. ,0 6558 ,•' Kimley))) Horn UNIT 11 SUITE 1300 'Po �P''FORT WORTH, TEXAS 76102 801 Cherry Street,Unit 11,#130Tel.No.(817)335-6511 S U•R v Fort Worth,Texas 76102 FIRM#10194040 v .kimley-hom.com PH. 817-335-6511 Scale Drawn by I Checked by Date Project No. Sheet No. michael.billingsley@kimley-horn.com N/A CDP MCB 0,/23/20,9 064446443 1OF2 BILLINGSLEY,MICHAEL 1/23/2019 2:09 PM K:\FTW SURVEY\064446443-OAKHUST SCENIC 2\DWG\064446443-OAKHURST SCENIC-DET POND ESMT.DWG ROW ABANDONED BY FORMALLY NORTH CITY ORDINANCE NO.23363-08-2018 MARSHALL AVENUE 5/8"CIRS (C.M.) 0 20 40 R P.O.C. GRAPHIC SCALE IN FEET P.O.B. r 50040.30' 40.30' L8 S89°56'22"W 96.28' LU O --------- Cr _ BLOCK 2 LINE TABLE CLIFF ADDITION a NO. BEARING LENGTH (VOL 490, PG 547) Z N co L1 Soo'00'00"E 122.00' JEFFERSON OAKHURST I m L2 N90'00'00"W 11.76' SCENIC, LLC (INST. NO. D218235093) N L3 S00°00'00"E 5.33' � J J n L4 N90°00'00"W 7.33' w L5 N00°00'00"E 5.33' ech° M L6 N90'00'00"W 24.91' DETENTION PONDI L7 No0'00'00"E 122.00' I EASEMENT L8 N90'00'00"E 44.00' I 0.1241 ACRES 5,407 SQ. FT. L6 L2 L5 L4 L3 I LEGEND P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING CIRS=IRON ROD WITH RED"KHA"CAP C.M.=CONTROLLING MONUMENT NOTES GILLIS STREET 1/2"IRF (30'PUBLIC RIGHT-OF-WAY) (C.M.) Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with an applied combined scale factor at 1.00012. A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. EXHIBIT "A" DETENTION POND EASEMENT OF Thy JOHN LITTLE SURVEY, �'sTo•• s ABSTRACT NO. 958 MICHAEL C. BILLINGSLEY '�:' CITY OF FORT WORTH, REGISTERED PROFESSIONAL "" "".CLEO.'"""""" MICHAEL OLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 •-• • ............•--••••• 801 CHERRY STREET, ''•. ,0 6558 �•' Kimley))) Horn UNIT 11 SUITE 1300 l9 '��FESSO o� FORT WORTH, TEXAS 76102 41 " ' �y 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 S U-R v Fart Worth,Texas 76102 FIRM#10194040 w .kimley-hom.com PH. 817-335-6511 Scale Drawn by Checked by Date ro'ect No. aSheet No. michael.billingsley@kimley-horn.com 1..=40' CDP MCB 0,/23/20,9 064446443 zoF2 BILLINGSLEY,MICHAEL 1/23/2019 2:09 PM K:\FTW SURVEY\064446443-OAKHUST SCENIC 2\DWG\064446443-OAKHURST SCENIC-DET POND ESMT.DWG Exhibit "B" Underground Detention System Design and Specifications STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 aaaR�. svxai'ruaoMiaoiaoAID FIAlaaolrvaos1sanHWO NV-Id ONO,d UJ�H��< (�I�'� df102191N3WdOl3A3Q Idf NOI1N313O ONf10aJa30Nf1 isbinHNVO V ta 12 Jill M 1111 04. ". -I Id a1�5 cEG I 0 I IFM s I R I W� I or�n ��. Baa;, I �—-- ---------- LL d f I I I ...:_ I, `I I pi:68�.9�°a47g�;le�Le �=��•••6!�€ �4 ----- ----- --- ---- V I as I =g t0q m 4t E g I I A 11 c_ t I �Q' 49 0£1°8_-.z.• 3§I� �Fsxw � ar ■ 1,� G a��1 n� .: lit, y G'1;8g C 5 t}j pGO H'�. i A: z i F � i.... � CH 4W. g •:ss •ss�l Exhibit "C" Operation Maintenance Plan STORMWATER FACILITY MAINTENANCE AGREEMENT (� Rev.11/17/2016 EXHIBIT C OAKHURST SCENIC MULTI-FAMILY UNDERGROUND DETENTION SYSTEM OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance ofthis facility is inspection MAINTENANCE OVERVIEW OF THE UNDERGROUND DETENTION SYSTEM. Maintaining a clean and obstruction-free retention/detention system helps to ensure the system performs the intended function of the primary design. Build up of debris may obstruct flow through the pipe equalizers (openings to allow flow between boxes)or block the entranceway of the outlet structure. This may result in ineffective operation of complete failure of the system. Additionally, surrounding areas may potentially run the risk of damage due to flooding or other similar issues. The owner shall assign an operator for the maintenance of this facility. Operator may be a regular maintenance crew member or a specialized contractor and should be given a copy of this maintenance plan and checklists. POST INSTALLATION SYSTEM INSPECTION A post-installation inspection should be performed to allow the owner and operator familiarize with the structure components and inspection points. This inspection should be performed by any maintenance person or contractor responsible for the maintenance of this facility prior to accepting maintenance responsibility of this facility. The underground detention is composed of the following general elements: 1 Inlet Structures 2 Manhole Access(two manhole access. One upstream of the system and one at the outlet structure) 3 Storage Chambers(6-5'x5' Reinforced concrete boxes) 4 Equalizers(2'x2' openings between pipes located upstream and downstream of the system) 5 Outlet Structure (Manhole located downstream of the system) GENERAL MAINTENANCE PROCEDURES Inspection of the system should be as regular as storm events occur. Maintenance can be broken up by frequent minor inspections to bi-yearly major inspections. It is recommended a major inspection is performed a few days after a large storm event. Cleaning should be at the discretion of the operator responsible to maintain proper performance of the system. Silt removal accumulated in the storage chambers shall occur when accumulated silt reaches 6 inches of depth measured at the downstream end of the system near the outlet structure. Corrective measures are required any time the basin does not fully drain within 72 hours. No standing water should be visible upon inspection. Written maintenance and repair records shall be maintained by the owner and shall be provided to the City of Fort Worth Storm Water Inspector upon request. 1 of 1 Exhibit "D" Stormwater Maintenance CHECKLIST STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016 EXHIBIT D OAKHURST SCENIC MULTI-FAMILY UNDERGROUND DETENTION SYSTEM MAINTENANCE CHECKLIST MINOR FREQUENT INSPECTION CHECKLIST TASK DATE RECOMMENDED ACTION NOTES Inspect Parking lot inlets Removed any debris that could impede proper flow into inlets. Inspect Manhole lids are properly Evidence of moved manhole lids placed may indicate improper functioning of the system. See major Inspection. MAJOR INSPECTION CHECKLIST TASK DATE RECOMMENDED ACTION NOTES Begin with a minor inspection. Inspect for water marks to check If ponding occurred near the inlets that may water ponding did not occur near be an indication the system is not draining the inlets. properly and backwater caused the ponding at the inlets.Thorough cleaning of the system is recommended. Inspect Manhole lids are properly if manhole lids popped out, it may be an placed. indication the system is not draining properly and backwater pushed the manhole lids out of place. Thorough cleaning of the system is recommended. Open Manholes and inspect Remove any debris that could clog the outlet Storage Chambers. structure or equalizers. Inspect Outlet Structure Remove any debris that could clog the outlet Openings. structure openings Inspect Storage Chambers for silt Flush the system to remove all silt deposits deposits once silt accumulation reaches 6 inches in depth. Inspect parking lot pavement Check for cracks or settling in the parking stability. lot.This could be an indication of sub-surface water leakage or unstable soils. Check for structural damage check pipe joints, equalizer joints and general structure stability. 1of1