HomeMy WebLinkAboutContract 52380 [ItUEIVED
JON-4 2019
CITY OF FORT WORTH
CITY SECRETARY CITY SECRETARY
CONTRACT NO. 5�0 90
DOE
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of �un e, 5 ,
Q 11 , by and between _Jude Capital, LLC_, acting by and through _Troy Ratterree_,
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 _0.975_ acre tract located in the —
orded in Volume _544_, Page _879_,
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 _Lonesome Quail Estates_
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
Landowner, its successors and assigns,the location and dimensions of which is shown and
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev. 11/17/2016
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 2
Rev.11/17/2016
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.1 1/1 712 01 6
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 5t" Jay ofJUA 2019.
Landowner City of Fort Worth
Jude Capital LLC
Name: Troy Ratterree Jesus J. Chapa
Assistant City Manager
Title: Member
Approved as to Form and Legality
s
Assistant City ttorn y
ATTEST
C' Secret i
�jQ{[SyrJ
• T
OFFICIAL RECORD
CITY SECRETARY
YY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. ORJH,TA
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 9VII by
Jesus J. Chapa, Assistant City Manager of the City of Fort Wo , on behalf of the City of
Fort Worth.
MAih�•SA.0.Ct.1
?,
2256490
�Iy Notary 19,2021 No Public, tate of Teyas
-:. Ex ices December
P
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 23rd_ day of April, 2019, personally
appeared �—
known to me to be the pers6n whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of Jude LLC , and that he executed the same
as its Member and as the act of such Jude Capital LLC and for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, State of Texas
BERENICE VILLACANA CRUZ
Notary Public,State of Terms
a� My Comm.Exp.12-18-2022
ID No.131&3129-5
' 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
EXHIBIT "A"
LEGAL LAND DESCRIPTION
PRIVATE DETENTION EASEMENT
BEING a portion of that certain tract of land in the J. B. Boydston Survey, Abstract No. 230, Tarrant County,
Texas, described in a Special Warranty Deed to JUDE CAPITAL, L.L.C. (hereinafter referred to as JUDE
CAPITAL tract), as recorded in Instrument Number D216249615, Official Public Records, Tarrant County,
Texas (O.P.R.T.C.T.), and being more particularly described, by metes and bounds, as follows:
BEGINNING at a five-eighths inch iron rod found for the Northeasterly corner of said JUDE CAPITAL tract,
same being the South line of that certain tract of land described as Lot 30-R, Triple-H Estates (hereinafter
referred to as Lot 30-R), an addition to Tarrant County,Texas, according to the plat recorded in Volume
388-146, Page 233, Plat Records, Tarrant County, Texas, same also being the Northwesterly corner of that
certain tract of land described in a General Warranty Deed with Vendor's Lien to Thomas E. Kimbrell and
spouse, Sharon A. Kimbrell, as recorded in Instrument Number D204173818, O.P.R.T.C.T.;
THENCE South 89 degrees 51 minutes 42 seconds West with the common line between said JUDE CAPITAL
tract and said Lot 30-R, a distance of 61.37 feet to a five-eighths inch iron rod with plastic cap stamped
"RPLS 4838" set for the PLACE OF BEGINNING;
THENCE crossing said JUDE CAPITAL tract for the following 5 courses:
1. South 00 degrees 08 minutes 20 seconds East, a distance of 272.93 feet to a five-eighths inch
iron rod with plastic cap stamped "RPLS 4838" set for corner;
2. South 44 degrees 51 minutes 42 seconds West, a distance of 82.12 feet to a five-eighths inch
iron rod with plastic cap stamped "RPLS 4838" set for corner, same being the beginning of a
non-tangent curve to the left, whose long chord bears South 61 degrees 49 minutes 22 seconds
West, a distance of 63.82 feet;
3. Southwesterly with said curve to the left having a radius of 68.00 feet, through a central angle
of 55 degrees 58 minutes 24 seconds, for an arc distance of 66.43 feet to a five-eighths inch iron
rod with plastic cap stamped "RPLS 4838" set for corner;
4. South 89 degrees 51 minutes 42 seconds West, a distance of 24.33 feet to a five-eighths inch
iron rod with plastic cap stamped "RPLS 4838" set for corner;
5. North 00 degrees 12 minutes 48 seconds West, a distance of 361.00 feet to a five-eighths inch
iron rod with plastic cap stamped "RPLS 4838" set for corner in the North line of said JUDE CAPITAL
tract, same being the South line of said Lot 30-R;
THENCE North 89 degrees 51 minutes 42 seconds East with the common line between said JUDE
CAPITAL tract and said Lot 30-R, a distance of 139.20 feet to the PLACE OF BEGINNING.
Project No.999_17.74 IDate:12/5/2018 1 Page 1 of 2 1 Drawn by:SA I Checked by:MD r` B ANN IS TER
PRIVATE DETENTION EASEMENT EXHIBIT
PORTION OF JUDE CAPITAL, L.L.C. OUT OF THE 1 E N G I N E E R I N G
J. B. BOYDSTON SURVEY, ABSTRACT NO. 230 240 North Mitchell Road I Mansfield,TX 76063 1817.842.2094 1 817.842.2095 fax
TARRANT COUNTY, TEXAS J TBPIs REGISTRATION NO.10193823
LOT 30-R
EXHIBIT "�" VOLUME PLE-H ES PAGE 223 10' PIPELINE RNET G WAY AND EASEMENT
T0: BARNETT GATHERING,L724
INSTRUMENT NUMBER D2074
JOAQUIN RENDON SURVEY, P.R.T.C.T. O.P.R.T.C.T. — —
ABSTRACT NUMBER 1263 N890 51'42"E 139.20' Mn � _
J.B. BOYDSTON SURVEY, IRS S890 51'42"W�
ABSTRACT NUMBER 230 61.37
_PLACE OF
- - - - - - - - - - - - - - - O -- - ^ - - BEGINNING T PLACE OF
O 20' PIPELINE IRS 'COMMENCING
RIGHT-OF-WAY I O AND EASEMENT O FOUND OD
IRON ROD
O TO: BARNETT O
GATHERING, L.P. O
' INSTRUMENT NUMBER
O D207434504 ' THOMAS E. KIMBRELL
SCALE: 1" = 50' I O.P.R.T.C.T. I AND SPOUSE,
o' 25' 50' I I SHARON A. KIMBRELL
1 INSTRUMENT NUMBER
Q1 D204173818
N
N O.P.R.T.C.T.
Lu
FUTURE LOT 7, BLOCK 1 I to
LONESOME QUAIL ESTATES PRIVATE DETENTION
CD
of EASEMENT tCD
o
CD
JUDE CAPITOL, L.L.C. coI (SHADED) 'tn JUDE CAPITOL, L.L.C.
INSTRUMENT NUMBER I 1.046 ACRES OR I INSTRUMENT NUMBER
D216249615 bo
vI 45,551 SQUARE FEET D216249615
O.P.R.T.C.T. NJ FUTURE LOT 8X, BLOCK 1 I O.P.R.T.C.T.
GENERAL NOTES: z I LONESOME QUAIL ESTATES i FUTURE LOT 9, BLOCK 1
1. All bearings shown herein are Texas Coordinate I LONESOME QUAIL ESTATES
System, NAD83 (COBS), Texas North Central Zone I PORTION OF
(4202). All distances shown herein are surface I JUDE CAPITOL, L.L.C.
distances. INSTRUMENT NUMBER
2. All iron rods set(IRS)are 5/8-inch with a plastic I D216249615 O
cap stamped "RPLS 4838". All found monuments I O.P.R.T.C.T.
shown hereon are deemed to be controlling IRS
monuments.
3. Screened information shown hereon is proposed
and is for orientation purposes only.
® IRS ..............................
°
/
0=5558'24" uiCH4Fi, nav DAVIS
R=68.00' ...............
IRS L=66.43' ::�0 4838 FP
S890 51'42"W 24.33'�7 IRS C6=S61°49'22"W
CL=63.82
LEGEND FUTURE COVEY CREEK DRIVE
0 DIMENSION POINT,NOTHING FOUND OR SET
UNLESS NOTED OTHERWISE L
D.R.T.C.T. DEED RECORDS,TARRANT COUNTY,TEXAS
P.R.T.C.T. PLAT RECORDS,TARRANT COUNTY,TEXAS
Pry No.99}77-74 I Date:12/5J2018 Page 2 of 2 Drawn by:SA Checked bY:MD2 Ir" BANN IS TER
PRIVATE DETENTION EASEMENT EXHIBIT
PORTION OF JUDE CAPITAL, L.L.C. OUT OF THE 1 ENGINEERING
J. B. BOYDSTON SURVEY, ABSTRACT NO. 230 240 North Mitchell Road I Mansfield,TX 76063 817.842.2094 1 817.842.2095 fax
TARRANT COUNTY, TEXAS _ TWLS REGISTRATION NO.10193823
DETENTION POND — PLAN 61.37'
2�
A ALY IS POINT A/JUNCTION A
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LONESOME QUAIL
SfORMWATER FACILITY AINTENANCE AGREEMENT Ir B A N N I S T E R
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E N G I N E E R I N G
EXHIBIT "B" - I J 2��,n� 05 �;T><7 3 817842.2094 1 817 842.2095 fax
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SfORMWATER FACILITY AINTENANCE AGREEMENT �1 B A N N I S T E R
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EXHIBIT V L 240 N.MITCHELL ROAD I Mansfield,7X 76063 1 817.842.2094 1 817.842.2095 fax
�: REGISTRATION X F-10599(TEXAS)
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POND VOLUME CALCULATIONS
VOLUME TOTAL
ELEVATION AREA(sfl AREA(ac) (cu.ft.) VOLUME
720.5 0 0 0 0
721 774 0.0178 194 194
721.5 3,842 0.0882 1,154 1,348
722 7,293 0.1674 2,784 4,131
722.5 11,255 0.2584 4,637 8,768
723 14,779 0.3393 6,509 15,277
724 18,110 0.4157 16,445 31,721
725 20,542 0.4716 19,326 51,047
726 22,900 0.5257 21,721 72,768
OUTLET RATING CURVE
ELEVATION DISCHARGE
720.5 0.00
721 2.76
721.5 7.80
722 14.33
722.5 22.06
723 30.83
723.5 43.75
724 60.17
724.5 79.12
725 100.20
725.5 123.18
726 147.89
PROPOSED DETENTION SUMMARY
Storm Discharge Max. Discharge Peak Utlilized
Event In Elevation Out Elevation Storage
c c ac. .
100-YEAR 111.4 725.5 106.8 725.1 1.2
5-YEAR 46.5 725.5 42.1 1723.4 0.5
1-YEAR 24.0 725.5 17.9 1 722.2 0.1
STORMWATER LON ESOMIEIYQUAE IL ENCE AGREEMENT r B A N N IS T E R
�� �� 1ENGINEERI NG
EXHIBIT B 5 L� REGISTRATION pROAD I a��;TX 76063 1817.842.2094 1817.842.2095 fax
Weir Report
Hydretlow Express Extension for Autode"AutoCADO CiA 3D®by MWdesk.Inc. Monday,Feb 25 2019
Pond A Outlet
Compound Weir Highlighted
Crest = Broad Depth(ft) = 4.66
Bottom Length(ft) = 6.50 Q(cfs) = 107.00
Total Depth(ft) = 5.50 Area(sgft) = 21.54
Length,x(ft) = 3.00 Velocity(ft/s) = 4.97
Depth,a(ft) = 2.50 Top Width(ft) = 6.50
Calculations
Weir Coeff.Cw = 2.60
Compute by: Known Q
Known Q(cfs) = 107.00
Depth(ft) Pond A Outlet Depth(ft)
6.00 6.00 726.5
5.00 5.00 725.5
4.00 a.00 724.5
3.00 _.-- 3.00 723.5
1.00 _ 1.00 721.5
0.00 0.00 720.5
-1.00 -1.00
0 1 2 3 4 5 6 7 8 9
Weir W.S. Length(ft)
LONESOME QUAIL
STORMWATER FACILITY MAINTENANCE AGREEMENT IVEBANN IS T E R
1ENGINEERI NG
EXHIBIT ��B�� — 6 L 240 NLST1RAl10N ROAD05919NC�)Tx 76063 1 817.842.20941 817.842.2095 fax
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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.
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.05/14//2014
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system op2ration
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.05/14112014
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 10
Rev.05/141/2014
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