HomeMy WebLinkAboutContract 41725 (2)DON1RACT NO. "H. 11
STORM WATLR FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this of �agnayQ 20
acting by and through Southwest Baptist Theological Seminary, hereinafter referred to as
"Landowner", and the City of Fort Worth, hereinafter referred to as "City".
WII1NESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 4.34 acre tract located in the Seminary Hill Addition, Lot 1, Block 17R,
Abstract No 1, Tarrant County, Texas according to the deed recorded in Volume 310,
Page 45, 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 Southwest Baptist Theological
Seminary 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 storm water
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 Storm Water Management Facilities be constructed and maintained on a
portion of the Property; and
WHEREAS, the City requires that on -site Storm Water 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
OFFICIAL RECUKD
CITY SECRETARY
Et WORTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
1
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 Storm Water 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 Storm Water Facility
includes all pipes, channels or other conveyances built to convey storm water
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the storm water. Adequate maintenance
is herein defined as good working condition so that these facilities are
performing their design functions. The Storm Water 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
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
2
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition acceptable to the City, 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 III 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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
3
FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF
THE DETENTION POND IN ACCORDANCE HEREWITH, OR AS A
RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY
DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE
FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF
THE POND AND ITS BANK TO OPERATE IN A MANNER
CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO
PERFORM ANY OF ITS 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, and 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
4
•
1
1
1
Executed this
Landowner
r
�"�` day of 20l ‘.
Name: Kevin Ensle
Title : Vice President for Business Administration
Southwestern Baptist Theological Seminary
City
City of Fort Worth
/4.000.46.441.44464C/.....
Fernando Costa
Assistant City Manager
Approved as to Find Legality
te
Assistant C ty Attorney
�.�-o-�o�tl,�q� ATTEST
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Contract Authorization
Sato
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
•
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
•
5
STATE OF TEXAS §
COUNTY OF TARRANT
This instrument was acknowledged before me on ti �� ,n 2-C by
Fernando Costa, Assistant City Manager of the City of Fort orth, on behalf of the City
of Fort We rfl,
� • EVONIA DANIELS
son V
it r V COMMISSION -01•MY
," 41;/7�, I �� (hay 10, 2013
•llllll
STATE OF TEXAS
COUNTY OF TARRANT
(s
tary Public, State of Texas
Before me, the undersigned authority on this day of
7
2010, personally appeared
akilth FAISLW1
I
to me to be the person whose name is subscribed to the
acknowledged to
StAA)441W-4S+Cril 501475*7h2b{04/tttl &ML>lttftJand that he executed the same as its
via pirtsictoveand as the act of such Vice PctsteLtat and for the purposes and
consideration expressed in the foregoing instrument.
me that the same
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
known
foregoing instrument and
is the act of
�Ai (/6ic[, fYaalJmd
Notary Pic, State of Texas
ASHLEY NOELL BRADFORD
Notary Public, State of Texas
My Commission Expires
November 19, 2013
6
Page 2 of 2
LEGAL DESCRIPTION
125' x 125' PRIVATE DETENTION POND EASEMENT
BEING a 0.36 acre tract of land, situated in the M.J. Arocha Survey, Abstract No. 1,
Tarrant County, Texas, and being a portion of Lots 13, 14 and 15, Block 17 Seminary
Hill Addition Seminary Campus, an addition to the City of Fort Worth, Tarrant County
Texas as recorded in Volume 310, Page 45, Plat Records, Tarrant County, Texas. Said
0.36 acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a found 3/8 inch iron rod for corner, said point being the southeast
comer of said Lot 13, also being the intersection of the west right-of-way line of Stanley
Avenue (having a 60' R.O.W.) and the north right-of-way line of W. Fuller Street (having
a 60' R.O.W.)
THENCE South 89°09'07" West, leaving said west right-of-way line and along the north
right-of-way line, for a distance of 125.00 feet to a point for corner;
THENCE North 00°50'53" West, leaving said north right-of-way line, a distance of
125.00 feet to a point for comer;
THENCE North 89°09'07"' East, a distance of 125.00 feet to a point for comer, located
in said west right-of-way line of Stanley Avenue;
THENCE South 00°50'53" East, along the said west right-of-way line, a distance of
125.00 feet to the POINT OF BEGINNING and CONTAINING 15,625 square feet, 0.36
acres of land, more or less.
PAGE 1 OF 2
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GORDON AVENUE
(so' E.o.m..)
SEMINAR t HILL ADDITION
SEMfl4ARY CAMPUS
VOL. 31.0,PG.45
.R.T.C.T
•
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125'
Graham Associates,Inc.
CONSULTING ENGINEERS & PLANNERS
800 SIX FLAGS DRIVE, SUITE 500
ARLINGTON, TEXAS 76011 (817) 840-8535
1BPE FIRM: F-1191/18PLS MR/A:101538-00
Co
STANLEY AVENUE
(60' R.O.W.)
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EXHIBIT A
BEING A
X 125' PRIVATE DETENTION POND EASEMENT
15,625 SQ. FT./0.36 ACRES
SITUATED IN THE M.J. AROCHA SURVEY
ABSTRACT NO.1, CITY OF FORT WORTH
TARRANT COUNTY, TEXAS.
BASIS OF BEARING IS FROM CITY OF FORT
WORTH GPS COORDINATES. (NAO 83 SURFACE)
SCALE: 1=100
JUNE 23, 2010
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THEDO MOOHMc MEN LOCATED FROM REFERENCE
INFORM/TON ANDALOVILT PLWM. IT SIIN.L 1ETNE
RESPONSIDDJTY OP THE CON MOTOR TO VtR rY
HORIZONTAL AND VERTICAL LOCAnoN OF ALL OMITTING
UIILmrs MOH TO co,IST*UC110N. THE CONTRACTOR
VIWJ.TAIK NEESSMITPRECAUT10NtTG PROTECT ALL
!V ♦ fASONO UTTJI1Et AND WILL DE RDSPONDmLC FOR ANY
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EXHIBIT B - GRADING PLAN
•
SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
lv
DMWN Mt ICH
DATE DICED
Graham As$oclateS,Inc,
CONSULTING ENGINEERS LPLWNERS
111111.1101.21.1[011O111.111.00451
aPiSCMn 1I*Mfl wise
I PROJECT NO. 701.101
SHEET
1
Exhibit "C"
CITY OF FORT WORTH STORM WATER FACILITY
PERATION AND flAINTENANCH 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
8
Exhibit «D"
Storm Water Structural Maintenance CI-9ECKLIS T
FREQUENT
INSPECTION
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
DATE
REPAIRS
REQUIRED
'•:R.:.;. '-L• ....2 ''i:i.. 7'
'•<.. Z-^•a .< . �..a�.-.- 1-e14.,1,_. *r .-.il+.. :.•.. ..• .1::r:'. yt\' : :......(' .. t.•• j:.:l
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..
•:• '/
a' t!��'•j5 ISi• is- • '•} 2 •:e7. .y: .-
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
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
.4. •.. +i"''t C.- 41: Fr • I •�... .•.Y.. ;de"
•
t► • iA1. * . (_. . . ,r•. .
irj
:?:-,..•.43e a... •t ..
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
• .•
•. •.1 v�'i.?i.'.�.: is;1e`i
+ �� i.
4►:. JirhrS)Y SG�/t'.4r Y \
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
i
REPAIRS
MADE
i•
•• ). ./Y• ^ t'\"
NOTES
• a). .• .,r •.:sir tC. -t
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♦ • ♦ .. Y. a . t _ 7
i
•
9
i
i
i
Rap
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
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LOT 1, BLOCK'8R•
SEMINARY HILL 'ADDITION
LOT 1-R1. BLOCK 7.
.I�•-20' UTILITY CAB; 0.
;. SLIDE. 1900
`•S00 70' 31'E
313. 00'
--15' WATER LINE
ESMT
THIS PLAT FILED IN DOCUMENT NO
TRASHrEit LYE=
S-EM/NARY HILL ADa IT ION
LOTS A. BLOCKS 9. 10
VOL. 388-53, PG, 5
P.R.T,C.T.
RIGHT-Or-4AY A&WOONE0
BY OROINA+CE Nu..
•
GATE 2010
LOT 1. BLOCK i6 IS OWNED BY DORIS JEAN PHILLIPS,
4701 TOWNSEND DRIVE, FORT WORTH, TEXAS, ALL
OTHER LOTS AND BLOCKS SURROUNDING THIS PLAT
ARE OWNED BY THE SOUTHWEST BAPTIST SEMINARY
DEVELOPMENT FOUNDATION, INC.
uT
00 0 0' W
•
SEMINARY HILL A00ITI0N
SEMINARY CAMPUS
VOL. 310, PG,45
P.R. T.C.T
LOT
1,833,166 n.l Bq/ 37.40 A.C.
TLEEYORI{ ANTE -OF -NAY ABANDONED
NOS '09.07'E
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DEVELOPER/OWNER '
SOUT,HTISSTERI7 ROPIEST
VIROLOGICAL SEMINARY
ATTN.: ERVIN ENSLEY
P.O. BOIL 22480
FO 81?-fl33-19T 2211A3 81 20810 •
0.:
I$WHTC SCALE
0 100 ' 200 300
FINAL PLAT •
LOT• 1, BLOCac aRJ1No'Lor7, nCocKl7n
SEMINARY HILLADDISION '.
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Gityof ij icon' Y1!oflh, Texas
Mayor and Council C(ovanitu
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COUNCIL ACTION: Approved on 1/25/2011
DATE: Tuesday, January 25, 2011
LOG NAME: 2OROWE6479SWFMA
SUBJECT:
REFERENCE NO.: **C-24696
Authorize a Storm Water Facility Maintenance Agreement with Southwest Baptist Theological Seminary for
Property Located on the Corner of West Fuller Street and Stanley Avenue at No Expense to the City of Fort
Worth (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance
Agreement with Southwest Baptist Theological Seminary for property located on West Fuller Street and
Stanley Avenue at no expense to the City.
DISCUSSION:
Southwest Baptist Theological Seminary is the owner of a 4.34 acre tract of land upon which it will
construct a storm water facility. The facility is necessary to limit storm water run-off generated on the
property to pre -developed conditions and to reduce the possibility of flooding downstream of the
watershed.
The terms of the Maintenance Agreement will ensure proper maintenance of the facility by Southwest
Baptist Theological Seminary at no cost to the City. The facility is located on West Fuller Street and
Stanley Avenue.
The facility is located in COUNCIL DISTRICT 9, Mapsco 90 L
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manacier's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
1. 20ROWE6479SWFMA.pdf (Public)
Fernando Costa (6122)
William Verkest (7801)
Lester England (8366)
http://apps.cfwnet.org/ecouncil/printme.asp?id-1 3 904&print=true&DoeType—Print 4/21 /2011