HomeMy WebLinkAboutContract 52767 CITY SECRETARY
CONTRACT NO.
DOE #
STORMWATER FACILITY
00- !2?��� MAINTENANCE AGREEMENT
�sFC9T`y�9!y
'THIS AGREEMENT, made and entered into this day of tfVj7Mk ,
aolq , by and between FW MASON HEIGHTS, L.P., a Texas limited partnership,
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 4.56 acre tract located in the J. Justice Survey, Abstract 859, Tarrant
County, Texas according to the deed recorded in County Clerk's Instrument No.
D216184248, 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 Replat, Lots 3R1 and 3R2, Block 1,
Mason Heights 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, maintained by the
OFFICIAL RECORD
CI�TY SECR ETA
R
STORMWATER FACILITY MAINTENANCE AGREEMENT q �J®RT�F A
Rev.11/17/2016 r
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.11/1712016
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 FACILITY 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.11117/2016
Executed this J)kday o�fOLOj6
Landowner City of Fort Worth
FW MASON HEIGHTS, L.P.
A Texas ite er ip
Name: Mark Trieb Jesus J. Chapa
Assistant City Manager
Title:Manager
Approved as to Form and Legality
n
Assistant City Attorney
ATTEST 4�F.O
%'" - .
City Se r
OFFICIAL RECORD
CI7Y SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT
• WORTH,
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 20 f qby
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth on behalf of the City of
Fort Worth.
MARiAS.SAIlCHEZ
�V
My Notary ID#22;6490III 1,A
Expires December 19,2o2I No ry Public, State of Texas
I
STATE OF TEXAS §
COUNTY OF �Q� §
Before me, the undersigned authority on this ZI5;+ day of
-AUA LoS 20 16t personally appeared
_ nr1aaaan
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
r , and that he executed the same as its
Tanaatjr and 4as the act of such 'I S nd for the purposes and
considera on expressed in the foregoing instrument.
NOR
LINDSEY R.SCMIMMER Notary Pu lic, State of Texas
• NOTARY ID#12050352
• , • . My Commission Expires
August 14,2021
FFTWORTH, TX
RECORD
ETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
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 perform e 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.1 1/17/2016
LAND DESCRIPTION
DETENTION POND EASEMENT
BEING a tract of land situated in the J. Justice Survey, Abstract No. 859, City of Fort Worth,
Tarrant County, Texas and being a portion of Lot 1 R2, Block 1, of Mason Heights Addition, Lots
1 R1 & 1 R2, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded
under Document No. D215133856 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and
being a portion of that tract of land described in instrument to FW Mason Heights, L.P., as
recorded under Document No. D207002963 of the Official Public Records of Tarrant County,
Texas (O.P.R.T.C.T.), and being more particularly described as follows;
BEGINNING at a 1/2-inch iron rod with plastic cap stamped "WAI"found at the southwest comer of
said Lot 1 R2, said point being on the north right-of-way line of Moresby Street (a 60' right-of-way)
as shown on the plat of Mason Heights Addition Lots 1-4, Block 1, and Lots 1-4, Block 2, an
addition to the City of Ft. Worth, Tarrant County, Texas, as recorded under Document No.
D212201535, P.R.T.C.T.;
THENCE, North 00 degrees 37 minutes 27 seconds West, along the westerly line of said Lot 1 R2,
a distance of 260.00 feet to a point for comer, from which a 1/2-inch iron rod found at an inner ell
corner on said westerly line bears North 00 degrees 37 minutes 27 seconds West, a distance of
150.01 feet;
THENCE, over and across said Lot 1 R2 the following courses and distances:
North 89 degrees 22 minutes 31 seconds East a distance of 78.84 feet to a point for corner;
South 00 degrees 00 minutes 00 seconds East a distance of 182.65 feet to a point for
corner;
North 90 degrees 00 minutes 00 seconds East a distance of 18.00 feet to a point for corner;
South 00 degrees 00 minutes 00 seconds East a distance of 77.88 feet to a point for corner
on the north right-of-way line of Moresby Street;
THENCE, South 89 degrees 48 minutes 25 seconds West, along the north right-of-way line of
Moresby Street, a distance of 94.00 feet to the POINT OF BEGINNING and CONTAINING 21,555
Square Feet or 0.4948 of an Acre of land, more or less.
For Huitt-Zollars, Inc.
I.
.A+TCHELL SAGUN PILAR
q 5491 Huitt-Zollars, Inc.
Witchef S. Pillar pij; "8sSt0.'y04 Firm Registration No. 10025600
Registered Professional Land Su SURE 1717 McKinney Avenue
Texas Registration No. 5491 Suite 1400
Dallas, Texas 75202
Ph. (214) 871-3311
Date: May 16, 2019
1 of 2
JASurvey\30578406-Renaissance Square Ph-3\Wp\Ren Heights 11 Detention Pond Easement Desc.docx
I I
1 I
I i 10'UTILITY EASEMENT
_ _ _; ►= D212201535
lRF I I P.R.T.C.T.
i � ►
I I ►
o► i i SURVEY
N I I I J• JvST�CE No• g59
T
� I
i
► N 89°22'31" E
► 78.84'
3 —�i3i�0 60I i j DETENTION POND EASEMENT
GRAPHIC SCALE IN FEET I _ 21,555 Square Feet
PLEASE REFER TO BAR SCALE. DRAWNG t or 0.4948 of an Acre
MAY HAVE BEEN REDUCED OR ENLARGED.
t
t C/) FW MASON HEIGHTS,LP ► MASON HEIGHTS
j YMCA OF METROPOLITAN FORT F7 ► O D207002963 ADDITION
WORTH 1 t 0 O.P,R.T.C.T. ► D216184248
i DOC#D217106858 O
( I P.R.T.C.T.
O.P.R.T.C.T. )
O
MASON HEIGHTS ADDITION LOT2R1,BLOCK 1
D215133856
G0 ► M P.R.T.C.T
MASON HEIGHTS ADDITION LOT 1R2,BLOCK 1
0215133856 t 00
P.R.T.C.T. t
' I
LOT 1R1,BLOCK 1 I N 90000'00" E
00 i I 18.00' 10,UTILITY EASEMENT
D212201535
O 1 I ( P.R.T.C.T. _
PRIVATE DRAINAGE EASEMENT { I ►D215133856 S OO'OO'OO" E
P.R.T.C.T. E I, t
7 `
7.88'
t t t
POINT OF
BEGINNING J L
LEGEND
O POINT FOR CORNER S 89048'25" W MORESBY STREET
s/e'IRON ROD SET wrti CAP 94 00� (VARIABLE-WIDTH PUBLIC RIGHT-OF-WAY)
D212201535,P.R.T.C.T
IRS O STAMPED"HUITT-ZOLLAW
UNLESS NOTED OTHERWISE
5/8"IRON ROD FOUND WITH CAP — — — T_
HZ • STAMPED'HUTr-ZOLLARS" LOT 4,BLOCK 2 LOT 1,BLOCK 1
UNLESS NOTED OTIIERYASE MASON HEIGHTS I I I MASONIC HOME AND SCHOOL ADDITION
IRF • 1/2"IRON ROD FOUND WTH CAP ADDITION I I ( I VOL.338-102,PG.30
STAMPED'WN'UNLESS NOTED OTHERWISE D212201535 I I ( I P.R.T.C.T
P.R.T.C.T.
HU
EXHIBIT MAP BASIS BEARING:
DETENTION POND EASEMENT Bearings
are based on the Texas State Plane
Huitt-Zollars,Inc. Dallas 21,555 SQ.FT.or 0.4948 OF AN ACRE Coordinate System,North Central Zone a202)
1717 McKinney Avenue,Suite 1400 J.JUSTICE SURVEY North American Datum 1983(2011).
Dallas,Texas 75202-1236 ABSTRACT NO.859
Phone(214)871-3311 Fax(214)871-0757 TARRANT COUNTY,TEXAS DATE: May 16,2019 Pg.2 of 2
emiissareoa Scrujire _ aiSaance Square b�l
EXHIBIT"B"
DESIGN SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
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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 9
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
uard
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 10
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
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