HomeMy WebLinkAboutContract 51972 CITY SECRETARY
CONTRACT NO. 19-1 a
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of 'F o`l$ ,
0a0 , by and between Camp Worth, LLC, acting by and through Craig Bibb,
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 6.413 acre tract located in the WM. HICKS Survey, Abstract 694, Tarrant
County, Texas according to the deed recorded in Document #D217267809, 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 Camp Worth 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
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately mainrained
OFFICIAL RECORD
CITY SECRETARY
STORMWA2ER6 FACILITY MAINTENANCE AGREEMENT
0 + TX
FT. WORTH
v,U
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. 1111712016
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 necessarX 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 owner association.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed this�ay of 201
Landowner City of Fort Worth
Name: Craig Bibb Jesus J. Chapa
Camp Worth, LLC Assistant City Manager
Title: o1'zq e V- Approved as to Form and Legality
V&I id a
AVA# 14
'Assistant City Attckney
ATTEST ®� qR71
City Se ry
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 behalf of the City of
Fort Worth.
MARIA S,SANCHEZ `
F My Notary ID#2256490 Not y Public, State of Texas
Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this '�/t�` day of
(tk--65 6 e r , 20+v, personally appeared
16, 4 b
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
6* �cr tri , L-LL , and that he executed the same as its
,'Y1 ad,�E e r and as the act of such for the purposes and
consideration expressed in the foregoing instrument.
� � U
P SAMANTHA N. ANDREWS {
��O1PPY UB��� Notary Public, Stat of Texas
Notary Public,State of Texas
Comm.Expires 03-00-2021
Notary ID 131030622
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY �EbRKR i
Rev. 11/17/2016 �`I°a WOOH,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-1"
11,709 SQUARE FEET OR 0.269 ACRES
PRIVATE DRAINAGE EASEMENT
FILE NO JN 17-196-E1
EXHIBIT "A-1"
BEING a 0.269 acres of land situated in the WM. HICKS SURVEY Abstract No. 694, situated in the City of Fort Worth,
Tarrant County, Texas, being a portion of a called 6.415 acre tract of land described in the Deed to Camp Worth, LLC,
recorded in Document Number D217267809, Official Public Records Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with plastic cap stamped "RAM SURVEYING"found in the south right-of-way
line of H. &T. C. Rail Road (a 100 foot wide right-of-way), said point being the common corner of said Camp Worth,
LLC, and Lot 1, Block 1, Seminary Campus Addition, an addition in the city of Fort Worth, according to the plat thereof
recorded in Volume 388-185, Page 54, Plat Records, Tarrant County, Texas;
THENCE S 48000'52" E, crossing said Camp Worth, LLC tract, a distance of 76.73 feet to a point for the POINT OF
BEGINNING;
THENCE S 71049'18"W, crossing said Camp Worth, LLC tract, a distance of 14.71 feet to a point;
THENCE S 16°49'18"W, crossing said Camp Worth, LLC tract, a distance of 28.84 feet to a point;
THENCE N 89°51'52" E, crossing said Camp Worth, LLC tract, a distance of 20.24 feet to a point;
THENCE S 61028'02" E, crossing said Camp Worth, LLC tract, a distance of 51.42 feet to a point;
THENCE S 00008'08" E, crossing said Camp Worth, LLC tract, a distance of 72.01 feet to a point;
THENCE S 89051'52"W, crossing said Camp Worth, LLC tract, a distance of 121.86 feet to a point;
THENCE N 00°25'12"W, crossing said Camp Worth, LLC tract, a distance of 96.68 feet to a point;
THENCE N 89°51'52" E, crossing said Camp Worth, LLC tract, a distance of 41.61 feet to a point;
THENCE N 16°49'18"W, crossing said Camp Worth, LLC tract, a distance of 33.86 feet to the POINT OF
BEGINNING and containing 11,709 square feet or 0.269 acres of land more or less.
WITNESS MY HAND THIS (TO THE CITY OF FORT WORTH):
I, Roy Rodriguez, licensed to practice Land Surveying in the State of Texas, hereby certify that the foregoing metes
and bounds legal description and sketch were based on an on the ground survey, that all visible and apparent
protrusions and encroachments into the easement area are accounted for, including but not limited to building
footprint, eaves and roof overhangs and all visible improvements whatsoever.
Witness my hand and seal this 21 st day of September 2018.
(1)NOTES:The basis of bearings for this survey is the Texas State Plane Coordinate System Grid,
North Central Zone(4202),North American Datum 1983(2002).(2)(CM)=Controlling monument.(3)
'� O F rF Unless otherwise noted,subject property is affected by any and all notes,details,easements and other
`P`� s r F R f 9 mattersthat are shown on or as part of the recorded plat and/or as part of the title commitment provided.
Roy Rodriguez
6., SLUES
�° 5596
AS U R V E Y I N IS
.Y . pC�P-Q ------- ---- -- FORM NUMBER 10149300
��iO fs 5 t �� Roy Rod 1 uez, R.P.L.S. 0 559 M's aye.,.,�,x n. 817-659-9II06
S�^� Ct[�VNwL TC1W'1f093
�( 8
JN 17-196-E1 I GF PAGE 1 OF 21 DATE: 9/21/18
EXHIBIT"A-2"
\ 11,709 SQUARE FEET OR 0.269 ACRES
\ PRIVATE DRAINAGE EASEMENT
(q �00,�i\�
P.O.C.
1/2'CIRF �
12.5'UTILITY ESMT RAM SURVEYING'
VOL 388-185,PG 54 4
D.R.T.C.T.
I s��
P.O.B.
YJ
I_ \
Id ) 00.N ��� S71°07'00'E
III s�0`r?\\ 14.71' \
I N 16°49'18"E S 16°49'11r-W\
33.86' 28.84'
1 10'UTILITY ESMT
0 UTILITY ESMT BY THIS PLAT
BY THIS PLAT f I N 89°51'52"E � sf'
LOT 1, BLOCK 1 I it I 41.61 / 1S
SEMINARY CAMPUS ADDITION i 67
VOL 388-185, PG 54 I N 89°51'52"E SiA 2•F \\ \
P.R.T.C.T. f 20.24'
IJ 11,709 SQ. FT. OR
10'UTILITY ESMT = cD 0.269 ACRES 20'DRAINAGE ESMT
VOL 388-185,PG 54t0 BY THIS PLAT
D.R.T.C.T. I I N rn PRIVATE DRAINAGE ESMT LU
o BY THIS PLAT
I z co o (CALLED 6.415 ACRES)
to o CAMP WORTH, LLC
DOC NO D217267809
I � O.P.R.T.C.T.
I S 89°5 W
121.86'
\ 7ESC0 ESMT.
L---__ / VOL 3944,PG 169
L ———— D.R.T.C.T.
OW
OPEE
10'TESCOESMT I -------- —
VOL 388-185,PG 54
D.R.T.C.T, —
I I
III \
I I N
III
..F r<+ I 1 0' 25' 50' 100'
�P STER y I I W E
* *. I I SCALE: 1"=50' I
Roy Rodriguez S
......,,,•,,,,,,,,,,,,,, (1)NOTES:The basis of bearings for this survey is the Texas State Plane Coordinate System Grid,
A �' North Central Zone(4202),North American Datum 19113(2002).(2)(CM)=Conbo"monument(3)
5596
' .,n
.A P Unless otherwise noted,subject property is affected by any and a1 notes,details,easements and other
or as part of the recorded plat and/or as pan of the Ntla r.,m,nila.,ent provided.
-9 Off, O �'Q ----- , R.P.—L.—S-- O—.--- -- matters that are sshown!_.
ti ES S\ . -� Roy Rod i uez . 559
S U R`�F, ? JL��
LEGAL DESCRIPTION "y
BEING 11,709 SQUARE FEET OR 0.269 ACRES OF LAND SITUATED IN THE HICKS SURVEY
ABSTRACT NO.694,SITUATED IN THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS, 4 S U R V E Y I N G
BEING A PORTION OF A CALLED 6.415 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO
CAMP WORTH,LLC,RECORDED IN DOCUMENT NUMBER D217267809,OFFICIAL PUBLIC FIRM NUMBER 101473013
acu ccn�a aac.acr. 91 7-659-9206
RECORDS TARRANT COUNTY,TEXAS,SAID 11,709 SQUARE FEET OF LAND BEING MORE carau°�e..cz v !— .moi..:......
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT"A-1'ATTACHED HERETO AND B LU E STAR S V M
MADE PART OF. 11V 17-196-E1 I GF PAGE 2 OF 21 DATE: 9/21/18
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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.
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
Rev. 11/1712016
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-
Rap
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 O
Rev.11/17/2016
T T
INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN stollonwatef
Facility Name: Facility Agreement Number:
Basin/Pond Number. Inspected By: Date:
Type of Inspection:Annual Quarterly Monthly Routine or Storm Event ( days since event
Basin Conditions:
1 is there standing water or wet spots? Yes No_ Comments
2. Does sides or bottom show signs of erosion,settling,cracking,etc? Yes_No_Comments
3. Does dam or emergency spillway show signs of erosion,settling,
cracking,or other problems? Yes No Comments
4. Is there evidence of animal burrowing in dam? Yes No_Comments
5. is there evidence of changes in shape or volume of basin? Yes No Comments
6. Do vegetated areas need mowing? Yes No_Comments
7. Are there trees or woody growth in dam? Yes No _Comments
8. Are there areas that need to be re-vegetated? Yes No_Comments
9. Is there any accumulation of silt,trash,debris or litter in the basin? Yes No_.._Comments
10.Are there any other basin maintenance activities needed? Yes No Comments
Structural Components:
1 Are pipes,channels,trash racks,etc,free of obstructions? Yes No _Comments
2. Are pipes,spillway or trash racks in need of repair? Yes No_Comments
3. Is the low flow or trickle channel in need of repair? Yes No Comments
4. Is the outfall channel in need of repair? Yes_No_Comments
5. Are there any other structural maintenance activities needed? Yes No Comments
Plan for correcting deficiencies: Signature:
Owner's Representative
Def:
i5W SEPTUM sats APP40ftA A.,t