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HomeMy WebLinkAboutContract 53780 CSC No. 53780 RECEIVED APR -8 2020 CV 0V DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 28th day of March, 2019, by and between LAKEWORTH HOSPITALITY, LLC, acting by and through PAUL UPPAL, 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 1.20 acre tract located in the Jose Marie Basquez Survey, Abstract 85, Tarrant County, Texas according to the deed recorded in Instrument D216213712, 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 Lot 1C, Block 9, Shady Oaks Manor Section II according to the plat recorded in Cabinet A, Slide 12544, Tarrant County, Texas, 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 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2018 WHEREAS, the City requires that on-site Stor�nwater 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 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.1111712016 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 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. STQRMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 Executed this day of 2019. LAKEWORTH HOSPITALITY LLC CITY OF FORT WORTH surwhb# Dana Burghdoff JMfr6,2024f PI Upppt 1, 11 Fa Owner �gg—,elr Xis'ivsi;l,'Rdwanager Approved as to Form and Legality Ch,�-/,Ma AV Ch"Sla R.Lo Fz-k(-yPo d,( Assistant Ap ............. ATT City see OFFILIAL RECORD CITY SECRETARY FT. WORTH,TX STORMVVATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Aprl l 8th 2020 by � aEt Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LAURIE PEQUENO Digitally signed byLAURIE PEQUENO LEWIS M N LEWIS Date:2020.04.08 12:58:42-05'00' W N t", J uXOiO Notary Public, State of Texas =aLL W d:u W_W WZQ C E � NZU s J STATE OF TEXAS § a °•s COUNTY OFTARRA NT §OUN Before me,the undersigned authority on i � ' a�d , 2020, personally appeared Paul Uppal, 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 Lakeworth Hospitality,LLC, and that he executed the same as its Owner/Manager and for the purposes and consideration expressed in the foregoing instrument. paw 00-6—A PeZ BRITTANY EMMONS * `*Notary Public,State of Texas � Comm.Expires 06-24-2023 NotaryrD 132063023 Notary Publ' , State of Texas -_ y � OFFICIAL RECORD CITY SECRETARY FT. WORTH,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. ON Janie S. Morales Development Services Manager A ECORDETARYH, TX EXHIBIT A BEING a 0.3897 acre tract of land situated in the JOSE MARIE BASQUIS SURVEY, ABSTRACT NO. 85, in the City of Ft. Worth, Tarrant County, Texas, and being a port of Lot 1C, Block 9, SHADY OAKS MANOR SEC77ON ll, on Addition to the City of Fort Worth, Tarrant County, Texas, according to the plot thereof recorded in Cabinet A, Slide 12544, Plot Records, Tarrant County, Texas, (P.R.T.C.T.), and being that certain tract described in Special Warranty Deed to Lakeworth Hospitality, LLC, recorded in County Clerk's Instrument No. D216213712, Official Public Records, Tarrant County, Texas,• and being more particularly described by metes and bounds as follows. COMMENCING at a J14 inch iron rod found on the southeast line of said Lot 1C and also being in the northwest right—of—way line of Shady Oaks Manor Drive (a 60 foot wide right—of—way, per Cabinet S, Slide 12544, P.R.T.C.T.) and being the beginning of a curve to the right having a radius of 455.00 feet, a central angle of 14 degrees 59 minutes 42 seconds and a chord which bears North 34 degrees 05 minutes 41 seconds East, a distance of 118.74 feet,• THENCE along said curve to the right, in a northeasterly direction, and along the said southeast line of Lot 1C and the said northwest line of Shady Oaks Manor Drive, on arc distance of 119.08 feet to the POINT OF BEGINNING; 7HENCE North 48 degrees 24 minutes 28 seconds West, deporting the said southeast line of Lot 1C, and the said northwest line of Shady Oaks Manor Drive, a distance of 36,81 feet to a point for comer.- 7HENCE North 25 degrees 48 minutes 08 seconds West a distance of 86.27 feet to a point for corner located on the southerly line of a 10 foot wide utility easement shown on the plot of the aforementioned SHADY OAKS MANOR SEC77ON ll,- 7HENCE North 64 degrees 40 minutes 46 seconds East, along said southeasterly line, a distance of 160.04 feet to a point for corner; 7HENCE South 25 degrees 48 minutes 08 seconds East, a distance of 54.47 feet to a point for comer- 7HENCE South 85 degrees 22 minutes 19 seconds East, a distance 'of 91.24 feet to a point for corner on the said southeast line of Lot 1C and the said northwest line of ady Oaks Manor Drive, and also being the beginning of anon—tangent curve to the left having a radius of 455.00 feet, o central angle of 29 degrees 41 minutes 02 seconds, and a chord which bears South 5 degrees 26 minutes 03 seconds West, a distance of 235.73 feet,• THENCE in a southwesterly direction, along said curve to the left, and along the said southeast line of Lot 1C and the said northwest line of Shady Oaks Manor Drive, on arc distance of 235.73 feet to the POINT OF BEGINNING and contalning 16,975 square feet or 0.3897 acres of land. STORMWATER FACILITY MAINTENANCE AGREEMENT BEING A 0.3897 ACRE PORTION OF LOT 1C, BLOCK 9, SHADY OAKS MANOR SECTION It, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. DR ENGINEERS A PREPARED BY: ND CONSULTANTS, INC. TBPLS Firm No.100356-00 ENGINEERS • LAND PLANNERS • SURVEYORS 2500 Texas Drive Suite 100 Irving,Texas 75062 Tel 972-252-5357 Fax 972-252-8958 DATE: MARCH 23, 2020 DRAWN BY: BJC JDJR PROJECT NO. 904-4-08 SHEET 1 OF 3 SCALE: N/A CHECKED BY: KMH © COPYRIGHT 2019 EXHIBIT A STORMWATER FACILITY MAINTENANCE AGREEMENT BEING A 0.3897 ACRE PORTION OF LOT 1C, BLOCK 9, SHADY OAKS MANOR SECTION It, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. STATE OF TEXAS - INST. NO. 0201081135 D.R.T.C.T. - , 4 /YIM 15' WATER L EASEMENT ---UO . 8524, PG. 1096 ��1� ES�E�2�GS --/ �_•.. D.R.T.C.T. 11.I o � B GP - G..,G- /" 5/B'c F 13.0 S 44, G�� / ' Kcs 4d�9-o LLAN�131.06 ,� VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT.,-," AND SWFMA AREA 0.3897 ACRES OR 16,975 SF ' 'LAKEWORTH HOSPITAL 7` LLC INST. NO. D21621P/12 O.P.RI�C. / Acp ��- 6 Poin t of , Beginning SCALE; 1" = 40' 0' 40' 80' 120' i Point of Commencing GRAPHIC SCALE LEGEND CIRF 518 INCH IRON ROD FOUND W1TH PREPARED BY: CAP STAMPED "JDJR" AMON ALUMINUM MONUMENT FOUND Dj R ENGINEERS AND CONSULTANTS, INC. D.R.T.C.T. DEED RECORDS TBPLS Firm No.100356-00 TARRANT COUNTY, rExas P.R.T.C.T. PLAT RECORDS ENGINEERS • LAND PLANNERS • SURVEYORS TARRANT COUNTY, TEXAS 2500 Texas Drive Suite 100 Irving,Texas 75062 O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS Tel 972-252-5357 Fax 972-252-8958 TARRANT COUNTY, TEXAS INST. NO. COUNTY CLERKS FILE NUMBER DATE: MARCH 23, 2020 DRAWN BY: BJC JDJR PROJECT NO. 904-4-08 SHEET 2 OF 3 SCALE: 1" = 40' CHECKED BY: KMH © COPYRIGHT 2019 EXHIBIT A LINE TABLE LINE # BEARING DISTANCE L 1 N48 24 28"W 36.81' L2 N25 48'08"W 86.27' L3 N64 40 46'E 160.04' L4 S25 48 08 E 54.47' L5 N8522'19"E 91.24' CURVE TABLE CURVE # ARC LENGTH RADIUS DELTA CH. BEAR. CH. DIST. Cl 235.73 455.00 29 41'02" S56 26'03"W 235.73' STORM WA TER FACILITY MAINTENANCE AGREEMENT BEING A 0.3897 ACRE PORTION OF LOT 1C, BLOCK 9, SHADY OAKS MANOR SECTION It, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS The survey shown hereon is a true representation of the property as determined by a survey made on the ground under my personal supervision. This survey conforms to the Texas Board of Professional Land Surveyors' Minimum Standards of Practice, as adopted by the Board effective September 1, 1992. �i�,i PREPARED BY: rry Hoether, RPLS 562 .a�, 'rts+s T�q :; ' Dj R ENGINEERS AND CONSULTANTS, INC. IC 2- D ° ' TBPLS Fam No.100358-00 �KERRY M H()E17r' i s �f ENGINEERS LAND PLANNERS • SURVEYORS 2500 Texas Drive Suite 100 Irving,Texas 75062 4562 — � 1 1,� Tel 972-252-5357 Fax 972-252-8958 ``•••' B.......$+,'.�� DATE: MARCH 23, 2020 CRAWN BY: BJC JDJR PROJECT NO. { �SURV��� 904-4-08 SHEET 3 OF 3 '1 SCALE: N/A CHECKED BY: KMH ©COPYRIGHT 2019 DETENTION CALCULATIONS SUMMARY (SCS METHOD 24 HOUR TYPE II STORMS) PEAK PEAK STORAGE MAX. PONDING MAX. INFLOW OUTFLOW VOLUME ELEV. OUFLOW CFS CFS CUBIC FT FT (MSL)/FT ALLOW 1-YEAR STORM (2.64 IN.) 11.79 4.88 1 6,040 1 712.71/2.04 4.97 5-YEAR STORM (4.56 IN) 23.27 12.38 1 12,775 1 713.74/3.07 13.71 100-YEAR STORM (9.12 IN.) 50.05 31.80 26,270 715.24/4.57 36.92 THESE SCS CALCULATIONS ARE BASED ON THE FOLLOWING CRITERIA: Design Storm Duration: 24 hours Design storm type: II Cn = 78 for pre—development conditions Cn = 95 for post—development conditions Tc = 15 minutes (pre—development conditions) Tc = 10 minutes (post—development conditions) Total Rainfall In 24 hours in Tarrant County. 2.64 inches (1 year storm) 4.56 inches (5 year storm) 9.12 inches (100 year storm) EXHIBIT B DETENTION POND CALCULATION SUMMARY STORMWATER FACILITY MAINTENANCE AGREEMENT LOT 1C, BLOCK 9 SHADY OAKS MANOR SECTION II SHEET 1 OF 3 � D ,SERVICE ROAD -� ` N E T E � PRIVATE DRAINAGE EASEMENT - BY SEPARATE INSTRUMENT AND SWFMA AREA TO THE CITY OF FORT WORTH (SHOWN SHADED) / DETENTION POND OUTFALL STRUCTURE J D N ON ON (REFER TO SHT 3 00 YR. WS = 715.2 �` FOR DETAILS) � S A i i I 1 -s--- CURB INLET TOP OF DETENTION POND BERM MINIMUM ELEVATION 716.25 SHADY OAKS MANOR DRIVE ' ---_ 60'RIGHT OF WAY : pp- EXHIBIT B DETENTION POND PLAN VIEW 2� STORMWATER FACILITY MAINTENANCE AGREEMENT 0' 40' 80' LOT 1C, BLOCK 9 SHADY OAKS MANOR SECTION II GRAPHIC SCALE SHEET 2 OF 3 4' TOP OF GRATE ELEV. 715.25 FF (EMERGENCY OVERFLOW) I I N I PROPOSED 36"x 12" I UPPER ORIFICE 4'x 4' CONCRETE I I FL ELEV. 713.75 INLET BOX10 t PROPOSED 36% 6" 36" MIDDLE ORIFICE FL ELEV. 712.75 I ao I 14 X 8" LOWER ` FL ELEV. FICE FELEV. 710.67 I I � 18" RCP I I OUTLET L_---- ---- FL BOX 704.22 L------- --------- J EXHIBIT B DETENTION POND OUTFALL STRUCTURE DETAIL STORMWATER FACILITY MAINTENANCE AGREEMENT LOT 1C, BLOCK 9 SHADY OAKS MANOR SECTION it SHEET 3 OF 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. The stormwater facility for this site includes the following: • Earthen stormwater detention pond (dry pond) • Concrete outlet structure with openings that restrict the inflow of Stormwater • Outlet pipe from outlet structure to City of Fort Worth storm drain system 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. Routine Maintenance Procedures Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 8-inches in height. Accumulated litter, and debris shall be removed monthly 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. To prevent erosion in the pond bottom and/or the sides, a vegetative cover(healthy grass) shall be maintained. Vegetation tom be inspected monthly to insure health of grass cover. Non-Routine Maintenance Procedures 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. When the vegetative cover (healthy grass) is less than 75% of the pond bottom and/or side slopes, revegetation is required. Revegetation can be accomplished with seeding and fertilization, hydro-mulching, and/or sodding. Any noticeable or significant erosion of the pond bottom or side slopes shall be repaired and the pond bottom and/or side slopes returned to original design grade. All disturbed areas shall be revegetated immediately. The concrete outlet structure shall by inspected to insure the structure is structurally sound and free from all debris, etc. Should the structure become damaged in any way, settled or shifted so the structure does not perform as designed, then the structure shall be repaired or replaced. Inspection Reports • Visual inspections of the pond must occur a minimum of every six months. • Inspection reports shall be completed for each inspection. The inspection reports shall include all items listed in Exhibit D — Stormwater Facility Maintenance Checklist. These inspection reports shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. • 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. 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 Outlet Structure Berm or Embankment Settlement Location of erosion Evidence of Animals