HomeMy WebLinkAboutContract 53996 CSC No.53996
Jun 10,2020
4:19 PM
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of Junes- ,
2020 by and between ECM Meadowbrook, LLC, acting by and through Logan
Hostin, 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 9.605 acre tract located in the William Welch Survey, Abstract No. 1668,
Tarrant County, Texas according to the Special Warranty deed recorded in Instrument No.
D219228309 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 Site Plan/Subdivision Plan known as Meadow Park 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
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev.11/17/2016 CITY SECRETARY
FT WORTH,TX
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
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.11/17/2016
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 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
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this 9th day of_June 20_20
Landown City of Fort Worth
1
JV
nara' 8gy4-
Dana Burghdoff(Idn 9,202 0:35 CDT)
Namlt.ggan Hostin ba.-no,1 dkoFF
Assistant t, Manager
Title: Treasurer
Approved as to Form and Legality
C�,�'tt�'�Lod2L-�2y�101�I
Christa R.Lopez-Reynold (Jun 9,20201 . 0 CDT)
Assistant City Attorney � .
ATTEST !� G1
City Secretary ` �,,•'`w� 1
• 4
E
#AL KELOR®4ECrc�EmhyWORTh TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.1117l20%
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
b&,& FF Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
LAU RI E Digitally signed by LAURIE
PEQUENO LEWIS
PEQUENO LEWIS Date:2020.06.0911:13:17-05'00'
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF T §
Doa-}'IS
Before me, the undersigned authority on this day of
-�r((,�,e� 20LO, personally appeared Logan Hostin, Treasurer,
known to md to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of ECM Meadowbrook, LLC, and that he
executed the same as itsrideration
nt1-Mit Ialntragei and as the act of suchb�t� "NIVU
for the purposes and con expressed in the foregoing instrument.
Notary Public, State of Texas
��1rRY pGe MISTI MCWHQRTER
s i,c Notary Public,State of Texas
y Comm. Expires 04-16-2021
°iI Notary ID 124516471
_ t
I ■ ar Iih _ti-r -
STORMWATER FACILITY MAINTENANCE AGREEMENT 6`
Rev.11 M V2016
contract compliance aYlana,et
By signing I acknowledge that.I am the person responsible
16r(lie wotutoriitg anil administration of this contact, inchudin,-
ensuring all pectormancc:and rppoilin,requirements.
r
Janie 5. Avlorales
Develuhmaul Services A/fanagcl-
®4��9UAILI RECORD
CITY SECREET'ARY
FT.WORTH,TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
EXHIBIT"A"
PERMANENT DRAINAGE FACILITY EASEMENT
Part of ECM Meadowbrook, LLC tract
William Welch Survey,Abstract No. 1668
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 7,530 square foot (0.173 acre) tract of land situated in the William Welch
Survey, Abstract No. 1668, City of Fort Worth, Tarrant County, Texas; said tract being part of the
tract of land described in Special Warranty Deed with Vendor's Lien recorded in Instrument No.
D219228309 of the Official Public Records of Tarrant County, Texas, said 7,530 square foot tract
being more particularly described as follows (bearing system for this survey is based on Texas
State Plane Coordinate System- NAD 83 (2011)Adjustment, North Central Zone 4202, based on
observations made on December 23, 2018 using the published combined scale factor of 1.00012):
COMMENCING, at a wood post found at the southeast corner of said ECM Meadowbrook, LLC
tract;from said point a 1/2-inch iron rod with yellow cap found bears North 00 degrees, 16 minutes,
26 seconds West, a distance of 642.36 feet;
THENCE, North 47 degrees, 33 minutes, 25 seconds West, a distance of 227.94 feet to
the POINT OF BEGINNING;
THENCE, South 89 degrees, 35 minutes, 58 seconds West, a distance of 92.53 feet to a point for
corner;
THENCE, North 00 degrees, 16 minutes, 26 seconds West, a distance of 72.57 feet to a point for
corner;
THENCE, North 89 degrees, 43 minutes, 34 seconds East, a distance of 105.00 feet to a point
for corner;
THENCE, South 00 degrees, 16 minutes, 26 seconds East, a distance of 59.87 feet to a point for
corner;
THENCE, South 44 degrees, 39 minutes, 46 seconds West, a distance of 17.66 feet to the POINT
OF BEGINNING;
CONTAINING: 7,530 square feet or 0.173 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the easement tract described.
1 OF p
03/31/20
......... �..........
Paul Daniel Date PAUL DANIEL
Registered Professional Land Surveyor No. 6534 ......................`Q
Pacheco Koch Consulting Engineers, Inc. 4• oF o??;�o
4060 Bryant Irvin Road, Fort Worth TX 76109 y°• iiR��y
(817)412-7155
TX Reg. Surveying Firm LS-10008001
4105-19.213EX1.doc;
4105-19.213EX1.dwg PMD
PAGE 1 OF 1
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SEWERINST. NO. T)EASEMENT
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BEGINNING \ (VOL. 17453, PG. 124) / pE E RL\-'
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(VOL. 388-143, PG. 44) LOT 1, BLOCK 3
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PROPERTY LINE
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GRAPHIC SCALE IN FEET NOTES:
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The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of OF survey date herewith accompanies this plat
I survey accurately sets out the metes and '(�....,, tic of survey.
3 5
bounds of the easement tract described. TfNF+9
: o•1.N 2. Bearing system for this survey is based on
.................... the Texas Coordinate System of 1983 (2011
PAUL DANIEL
....................... adjustment), North Central Zone 4202, based
03/31/20 <;q 6534 prQ on observations made on August 26, 2019
------------------------ 4'•OFEss�o;:;�� with a combined scale factor of 1.00012.
Paul Daniel Date 4'O'••••.• •v�
a Registered Professional S U R
Land Surveyor No. 6534
PERMANENT DRAINAGE
0 4060 BRYANT IRVIN ROAD
Pacheco Koch FORT WORTH, TX 76109 817.412.7155 FACILITY EASEMENT
TX REG. ENGINEERING FIRM F-469 PART OF ECM MEADOWBROOK, LLC TRACT
POTX REG. SURVEYING FIRM LS-10008001 WILLIAM WELCH SURVEY, ABSTRACT NO. 1668,
w DRAW BY I CHECKED BY SCALE DATE JOB NUMBER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
o PMD RWB 1"=50' MARCH 2O20 4105-19.213 PAGE 1 OF 1
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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
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
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
filtration s stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 0
Rev.11/17/2016