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HomeMy WebLinkAboutContract 43449 (2)STORM WATER FACILITY MAINTENANCE AGREEMENT CITY 8@CREiAFtYN CONTRACT NO. 3L1cIg THIS AGREEMENT, made and entered into this day of ji_ALI 2012, by and between Castleberry Independent School District, acting by and through Gary S Jones, Superintendent of Schools, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 7.371 acre tract located in Lot 6-R, Brookside Acres, Tarrant County, Texas according to the Plat recorded in Instrument No D2111943 66, 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 AV Cato Elementary School 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 0 7 -- 2 7 -1 2 P 0 2: 1 1 IN OFFICIAL ECOR® CITY SECRETARY FT. WOR rily TX 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 2 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 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 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 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. Executed this day of 20 . STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 4 erim endent of Schools 444-6 c 15-11/ a.�o°�°°000FO!�r��6� ratirC°‘ % 73 OA Landowner Castleberry Independent School District By: Gary S Jones, City City of Fort Worth >0:44.0.-Z Ch... Fernando Costa Assistant City Manager p Approved as to Form and Legality Assistant City Attorney ATTEST ing 0 City ecretary � ' ¢�` o 0 �OooOo kilb.D.'Q'CL'0.s'rt Alno or::, ci 0 mr, „cy STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 OFFICIAL RECORD ©1TY SECRETARY WORM, TX STATE OF TEXAS COUNTY OF TARRANT 5 This instrument was acknowledged before me on Fernando Costa, Assistant City Manager of the City of Fort orth of Fort Worth. IS•..te, EVCNIA �``''Y'�DANIELS MY COMMISSION EXPIRES July 10, 2013 • .. *: .*: • .. N • • :• -. STATE OF TEXAS COUNTY OF TARRANT dna) otary Public, State of Texas jicLflt_/ 2c/Lby on behalf of the City Before me, the undersigned authorityo n this dayof 11 � 1JtXL1 , 2012, personally appeared Gary S Jones, Superintendent of Schools of Castleberry Independent School District, 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 Gary S Jones, Superintendent of Schools of Castleberry Independent School District, and that he executed the same as its Gary S Jones, Superintendent of Schools of Castleberry Independent School District and as the act of such Gary S Jones, Superintendent of Schools of Castleberry Independent School District and for the purposes and consideration expressed in the foregoing instrument. (-1 Notary Public, State of Texas ,b' ..�rPolito QLYMPIA A, OLIVA Notary Public, State of Texas My Commission Expires October 17, 2016 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 6 EXHIBIT A Being 0 459 acres of land located in Lot 6-R Brookside Acres an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerks Instrument No. D211194366, Deed Records, Tarrant County, Texas. Said 0.459 acres of land being more particularly described as follows: Commencing at an 1/2" iron rod found in the South line of said Lot 6-R at the West end of a Point of Tangent of a curve at the Southeast corner of said Lot 6-R; THENCE S89°58'48"W, a distance of 293.23 feet along Said South Line of Lot 6-R to a point; THENCE N00°01'12"W a distance of 26.02 feet to a point to the POINT OF BEGINNING of the hereinabove described tract; THENCE S78°34'16"W, a distance of 9.49 feet to a point; THENCE S57°25'04"W, a distance of 24.44 feet to a point; THENCE S82°15'02"W, a distance of 21.62 feet to a point; THENCE N32°59'52"W, a distance of 9.15 feet to a point; THENCE N68°29'06"W, a distance of 27.29 feet to a point; THENCE S88°35'28"W, a distance of 101.96 feet to a point; THENCE S41°06'46"W, a distance of 7.25 feet to a point; THENCE S86°46'44"W, a distance of 49.84 feet to a point; THENCE N66°57'08"W, a distance of 24.68 feet to a point; THENCE Northerly, 10.94 feet along a non tangent curve to the right, having a radius of 4.91 feet, a central angle of 127°41'56" and a chord bearing North 8.81 feet to a point THENCE N63°50'58"E, a distance of 4.41 feet to a point; THENCE northeasterly, 24.46 feet, along a curve to the left, having a radius of 20.00 feet, a central angle of 70°03'35" and a chord bearing N28°49'11' E 22.96 feet to a point; THENCE N06°12'37"W, a distance of 24.85 feet to a point; THENCE N66°49'26"E, a distance of 19.21 feet to a point; THENCE S59°53'09"E, a distance of 40.19 feet to a point; THENCE N44°42'41"E, a distance of 41.83 feet to a point; THENCE N35°54'11"E, a distance of 42.34 feet to a point; THENCE S73°24'36"E, a distance of 26.40 feet to a point; THENCE N87°12'52"E, a distance of 38.77 feet to a point; THENCE S68°07'26"E, a distance of 36.01 feet to a point; THENCE N61°22'20"E, a distance of 5.11 feet to a point; THENCE S79°09'19"E, a distance of 6.40 feet to a point; THENCE S58°18'22"E, a distance of 3.21 feet to a point; THENCE S15°27'45"E, a distance of 17.36 feet to a point; THENCE S02°50'41 "E, a distance of 15.56 feet to a point; THENCE S17°12'58"E, a distance of 14.52 feet to a point; THENCE S03°22'04"E, a distance of 24.38 feet to a point; THENCE East, a distance of 19.39 feet to a point; THENCE S01°12'41"E, a distance of 15.63 feet to the point of beginning, containing 0.459 acres of land The bearings recited hereon are oriented to NAD 83 North Central Texas Zone. SEE 8-1/2"X11" PLAT ATTACHED Herbert S. Beasley Registered Professional Land Surveyor No. 4050 I i SEE 8-1/2"X11" DESCRIPTION ATTACHED 3AI Ia 0113W1Vd I CURVE Cl I C2 DELTA 127'41'56' 70.03'35' BARBARA ROAD CURVE TABLE RADIUS LENGTH CHORD-DIR 4,91 10.94 NORTH 20,00 24.46 N28'49'11'E CHORD 8,81 22.96 0 100 200 300 '111111111111011111 SCALE 1"=100' C2 C1 '1 L10 �> %�,ril�,O,afiyc Herbert S. Beasley Registered Professional Land Surveyor No. 405 Prepared from a survey, Surveyed on the ground February 22, 2011 L18 L19 0.459 acres L8 POINSETTA DRIVE 3400 HULEN STREET, SUITE 100 FORT WORTH, TX 76107 REGISTRATION NO.7-9435 LOT 6-R r- N AS (817) 732-9641 www.mjIhomesen9.com 1.1b8cA S. EASL.EY P. O. BOX 887 FORT WORTH, 1EXAS `78124 LINE TABLE 1 LINE LENGTH BEARING L1 293.23 S89'58'48'W L2 26.02 N00'01'12'W L3 9.49 S78'34'16'W L4 24.44 S57'25'04'W L5 21.62 S82'15'02'W L6 9.15 N32'59'52'W L7 27.29 N68'29'06'W L8 101.96 S88'35'28'W L9 7.25 S41'06'46'W L10 49.84 S86'46'44'W L11 24.68 N66'57'08'W L12 4.41 N63'50'513'E L13 24.85 N06'12'37'W L14 19.21 N66'49'26'E L15 40.19 S59'53'09'E L16 41.83 N44'42'41'E L17 42.34 N35.54'11'E L18 26.40 S73'24'36'E L19 38.77 N87'12'52'E L20 36.01 S68'07'26'E I L21 5.11 N61'22'20'E L22 6,40 S79'09'19'E I L23 3.21 S58'18'22'E L24 17.36 S15'27'45'E L25 15.56 S02'50'41'E L26 14,52 S17'12'58'E L27 24.38 S03'22'04'E r L28 19.39 EAST L29 15.63 S01'12'41'E I cPOB L1 BASIS OF BEARING - NAD 83 TEXAS NORTH IENTRAL ZONE GRID S( ALE FACTOR 0.999E6295039 OUR%1EYCIRS LP. • TOPOGRAPHIC SURVEYING 817-429-0194 FAX O17-44S-61/S GV021 1138SI t 1/2"irf kL,H� POC EXHIBIT B enoaanretiFP-o.Anaa m 0 O 1 BIT "B" A.V. CATO ELEMENTARY SCHOOL CASTLEBERRY INDEPENDENT SCHOOL DISTRICT •fly r ta a , O 3 • IBTT "TV 3> <0 0 A.V. CATO ELEMENTARY SCHOOL CASTLEBERRY INDEPENDENT SCHOOL DISTRICT w, pazd if I 8 Exhibit "C" CRY OF FORT WORTH STORM WATHR FACILITY OP=:`i`TON AND MAINTENANCIL: 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 CH FREQUENT INSPECTION Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted 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 MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip - DATE CKLMS T REPAIRS REPAIRS REQUIRED MADE STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 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 u t`t „wnr.u.xo.n m lU rswn.wmro d .2 I wsm..,xn l..r. wwra.rnnv..a •AR.r¢•MPZ 4. 0. 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CATO ELEMENTARY SCHOOL CASTLEBERRY INDEPENDENT SCHOOL DISTRICT IMMSOM Dataaaki,fi © P • wnxrnuo IOU HP Wit STO RM C1.41 ISVU 0 SSA ARMOR. sli M&C Review Page 1 of 1 C(c2JNCIL Ac 175)8 COUNCIL ACTION: Approved on 7/24/2012 Official site of the City of Fort Worth, Texas FORT WO RT I I "anticmotrona DATE: **C-25754 LOG NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Storm Water Facility Maintenance Agreement with Castleberry Independent School District for Property Located at 4501 Barbara Road, Lot 6-R, Brookside Acres Addition (COUNCIL DISTRICT 7) 7/24/2012 R� FER�HC� NO.: 20ROWE5804CBISD- SWFMA RECOMMENDATION: It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with Castleberry Independent School District, for property located at 4501 Barbara Road, Lot 6-R, Brookside Acres Addition at no expense to the City. DISCUSSION: Castleberry Independent School District, is the owner of a 7.371 acre tract of land upon which 0.459 acres will be used to construct a detention pond. The facility is being constructed to limit storm water runoff from the property to predevelopment levels. The detention pond will be located at 4501 Barbara Road, Lot 6-R, Brookside Acres Addition, north of Poinsetta Drive and east of Palmetto Drive. The terms of the maintenance Agreement ensure proper maintenance of the facility by Castleberry Independent School District, at no cost to the City. The facility is located in COUNCIL DISTRICT 7, Mapsco 61U. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Fernando Costa (6122) Oriainatinq Department Head: Douglas Wiersig (7801) Additional Information Contact: Jill D Griffin (6253) ATTACHMENTS 5804-20 ROWE5804C B I S D-SWF MA. Qdf http://www.fortworthgov.org/council packet/Inc _review. asp?ID=17081&councildate=7/... 07/24/2012