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HomeMy WebLinkAboutContract 53367 0 li Cc �� CITY SECRETARY b 6?p?p CONTRACT NO. 533V7 DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT January d0&0 THIS AGREEMENT, made and entered into this 3r� day of-n' VVIL ;IL, Eby and between Retail Corners, LLC, acting by and through David Hardesty, 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 Lot 5, Block 1, Retail Corners Addition recorded to the plat record in County Clerk's File No. D219281401, of the Official Public Record of Tarrant County, Texas according to the deed recorded in County Clerk's File No. D217175212, of the Official Public Records of Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Subdivision Plan known as Retail Corners 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 STORMWAZ'sR FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 FT. WORTH,TX 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 ao Executed this , 'C( day of anua � 24k� Retail Corners, LLC City of Fort Worth a Texas limited liability company Q '-jV . -1- Name: David Hardesty Jesus J. Chapa Title: Manager Assistant City Manager Approved as to Form and Legality Assistan City Attorn ............. ATTE T C? 1 s ty Secr t OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 0-Va-V by Jesus J. Chapa, Assistant City Manager of the City of Fort WoYth, on ehalf of the City of Fort Worth. _ ;,<�°V•P�a<. MARIAS.SANCHEZ +; MY Notary ID 0 2256490 ' '•;9;.�.,.,,�+r expires December 19,2021 °F No ry Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of December, 2019, personally appeared David Hardesty, 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 Retail Corners, LLC, a Texas limited liability company, and that he executed the same as its manager and as the act of such Retail Corners, LLC, a Texas limited liability company and for the purposes and consideration expressed in the foregoing instrument. 'P �....or. JENNIFER LYNN PENA Not Public, St to of Texas �PµY PUd�i Notary Public, State of Texas Comm. Expires 07-23-2021 NotaryID 125367896 FFUAL REWORD 0-IfY SECRETARY FT. WORTH,TX 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 performance and reporting requirements. ' Emilio G. Sanchez Planning Manager L ECORD ETARY TH,TX EXHIBIT "A" FACILITY PROPERTY LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 EXHIBIT"A" LEGAL DESCRIPTION DETENTION AREA EASEMENT BEING 0.151 acre of land situated in the I. & G. N. R.R. CO. SURVEY, Abstract No. 834, Fort Worth, Tarrant County, Texas, and being a portion of Lot 5, Block 1, RETAIL CORNERS ADDITION, to the City of Fort Worth, according to the plat recorded in County Clerk's File No. D219281401, of the Official Public Records of Tarrant County, Texas, and said 0.151 acres being a portion of the tract of land conveyed to Retail Corners, LLC, by the deed recorded in County Clerk's File No. D217175212, of the Official Public Records of Tarrant County, Texas. Said 0.151 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 000 40' 100 W 24.59 feet from a '/" iron rod marked "Brittain & Crawford" set at the Southeast comer of said Lot 5, Block 1, and said point of beginning lying in the West right-of-way line of Old Decatur Road (a variable width public right-of-way); THENCE severing said Lot 5, Block 1, as follows: 1. N 55° 31' 07"W 34.88 feet, to a point; 2. SOUTH 39.23 feet, to a point; 3. N 89° 59' 27"W 144.17 feet, to a point; 4. NORTH 40.50 feet, to a point; 5. S 890 59' 27" E 129.25 feet, to a point; 6. N 000 12' 50" E 15.99 feet, to a point; 7. S 890 47' 10" E 16.31 feet, to a point; 8. S 550 31'07" E 32.87 feet, to a point lying in the East boundary line of said Lot 5, Block 1 and the West right-of-way line of the aforesaid Old Decatur Road; THENCE S 00° 40' 10" E 18.35 feet, along the East boundary line of said Lot 5, Block 1, and the West right-of-way line of said Old Decatur Road, to the POINT OF BEGINNING containing 0.151 acre (6,597 square feet) o1 land. r ` r �G•TEiq CM18 L.NXVM ............ .... Z ss�o, •e suave° G:UOMLEGAMHARDESTY-Proposed Lot 5-Detention Area Easement-0.151 Acre.doc 55' X 55' CELL tB »TOWER EASEMENT EXHIBIT �VOL. 13239, PC. 112 8' X 19' NON-EXCLUSIVE 10' T.E.S.C.O. EASEMENT O.P.R.T.C.T. UTILITY EASEMENT / VOL. 3906. PG. 472 r VOL. O.P.R.T.C.T. PG. Y12 D.R�T.C.T. D CD t-4 771f r►1 CD 83 I 1 0 �0 R• ' NO. I I i go � Q/ T 24' WIDE PUBLIC ACCESS EASEMENT ( ( O I. D219072610 I I O.P.R.T.C.T. v RETAIL CORNERS, LLC 10' x 10' P.0.5 LOT 5, BLOCK 1 'k D217175212 CC# D219281401 �. O.P.R.T.C.T. I $m O.P.R.T.C.T. L 040 DETENTION AREA EASEMENT _ U o 0.151 ACRE 10 X 10' P.O.S.E. a p m ' i (6.597 SO. FT.) 6Z I , '�? rn I 15' WATER LINE EASEMENT 9 N _ � u I VOL. 17294, PG. 236 TO BE P BT.C.T. D S 89059'27"E 129.25' � I P.O.H. STY OF FORT WORTH Cp �p PARCEL No. 4 — — — — N 89059'27"W 144.17 O.P.R.T.C.T. 1/2" IRON ROD MARKED I I "BRITTAIN do CRAWFORD", SET 0 LOT 2, BLOCK 1 :t ..• ., F Course Bearing Distance MILLER—NIXON ADDITION ;s L1 N 55031 '07" W 34.88 D199258021 L2 SOUTH 39.23 ' O.P.R.T.C.T. CHRIS L. BLEVINS•• Y •�0 5792 L3 NORTH 40.50' •�P;' L4 N 00012'50" E 15.99' �q'••:Ess!°• o� L5 S 89047' 10" E 16.31 ' •SUR\4 L6 S 55031 '07" E 32.87' L7 S 00°40' 10" E 18.35' DECEMBER 16. 2019 BRITTAIN &CRAWFORD DETENTION AREA IAND SURVEYING k EASEMENT o TOPOGRAPHIC MAPPING LOCATED IN I TEL (e17) 926-011 LOT 5. BLOCK 1 FM (817) 2M-9347 O "A B0o" W ' TEVS " " "'°' RETAIL CORNERS ADDITION FORT troRT� TE1tA$ 76110 BOX.' 0&w"0tWat0"-Cfoi.l0rd.can AN ADDITION TO THE CITY OF FORT WORTH. Frey c�aTslcATloty 101900o TARRANT COUNTY. 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Sv%3L Hl"1801 O-`�Im�It1TVW i� 1Mf Y R (Z JO Z)S�1VA(I 213 HO03Nllb'1321 A mn.u s"'°°'"'u'::"•,m�e m �� � M•oNs sr� and 03ava3aa =uj sioz/ez/+o Nioion2USNOO UnIV030 Olo GNV 113MSOS A31rA 3MS G(� ua0H�((Aa w.rA "ro S1N3W3AObdWI Z 3SVHd IOSS lSh90 LJ3'Otld rHH e4 5 4 9y ral R 9 ff��9I 0�gy� o u` z a k, r'. k$e Bk s.oil 1 cR 3 919 fill ±Q ji� � h¢ it a4 jI ! \ \ L bc � s gill 33 i—g e6y s!S 1MI go� f• �" ge$ 4�1��3 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. 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. 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 Remove Trash and debris Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of ponded water MAJOR INSPECTIONS Structure type and Condition Evidence of Animals STORMWATER FACILITY MAINTENANCE AGREEMENT O Rev.1 111 7/2 0 1 6 0=.11010NTECH� ENGINEERED SOLUTIONS Contech° CMP Detention & Infiltration Maintenance Guide _.—�=sT.�:cszl�y� -.� -�.- . _ �:._c—}-ram..—_��'rt�.•-3; J f IIL � I .r= CMP DETENTION SYSTEMS Contech®CMP Detention Maintenance Underground storm water detention and retention systems should be inspected at regular intervals and maintained when necessary to ensure optimum performance.The rate at which the system collects pollutants will depend more heavily on site activities than the size or configuration of the system. Inspection Inspection is the key to effective maintenance and is easily performed. CONTECH recommends ongoing quarterly inspections of the accumulated sediment. Sediment deposition and transport may vary from year to year and quarterly inspections will help insure that systems are cleaned out at the appropriate time. Inspections should be performed more often in the winter months in climates where sanding operations may lead to rapid accumulations,or in equipment washdown areas. It is very useful to keep a record of each inspection.A sample inspection log is included for your use. Systems should be cleaned when inspection reveals that accumulated sediment or trash is clogging the discharge orifice. CONTECH suggests that all systems be designed with an access/inspection manhole situated at or near the inlet and the outlet orifice. Should it be necessary to get inside the system to perform maintenance activities,all appropriate precautions regarding confined space entry and OSHA regulations should be followed. Cleaning Maintaining an underground detention or retention system is easiest when there is no flow entering the system. For this reason, it is a good idea to schedule the cleanout during dry weather. Accumulated sediment and trash can typically be evacuated through the manhole over the outlet orifice. If maintenance is not performed as recommended,sediment and trash may accumulate in front of the outlet orifice. Manhole covers should be securely seated following cleaning activities. z Inspection & Maintenance Log Sample Template " Diameter System Location: Anywhere, USA Depth of Accumulated Maintenance Maintenance Date Comments Sediment Trash Performed Personnel 12/01/10 2" None Removed Sediment B.Johnson Installed 03/01/11 1" Some Removed Sediment B.Johnson Swept parking lot and Trash 06/01/11 0" None None 09/01/11 0" Heavy Removed Trash S. Riley 12/01/11 1" None Removed Sediment S. Riley 04/01/12 0" None None S. Riley 04/15/01 2 Some Removed Sediment ACE Environmental and Trash Services 3 ^-\l%uVrwLEI, IL L CMP DETENTION SYSTEMS Support C.:NTECH' ENGINEERED SOLUTIONS Drawings and specifications are available at www.ContechES.com. 800.338.1122 Site-specific support is available from our engineers. www.ContechES.com ©2014 Contech Engineered Solutions LLC Contech Engineered Solutions LLC provides site solutions for the civil engineering industry.Contech's portfolio includes bridges,drainage, sanitary sewer,stormwater,earth stabilization and wastewater treament products.For information,visit www.ContechES.com or call 800.338.1122. NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS AN EXPRESSED WARRANTY OR AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.SEE THE CONTECH STANDARD CONDITION OF SALES(VIEWABLE AT WWW.CONTECHES.COM/COS)FOR MORE INFORMATION.