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HomeMy WebLinkAboutContract 43218 (2)CITYSECRETARY jo, y CONTRACTNO.�l�D STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of SwF 20 1 . , by and between Southwest Christian School, Inc., acting by and through Steve Hawkins, Chairman of the Board, 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 1,222 acre tract located in the J. Heath Survey, Abstract No. 641, Tarrant County, Texas according to the deed recorded in County Clerk Instrument No. D211261836, 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 1, Block 1, Southwest Christian 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 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 05_-1 5--1 2 PO4 :51 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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 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 sj • tr 4• )K' ;1' 1 Executed this Landowz) Southwf ,Christian School, Inc. day of / NIa r teve Hawkins Title: Chairman of the Board STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 20;4. City City of Fort Worth 4.44 Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Attorney ATTEST y Secretai.'ritf •,...�53 Contract Author zatjoa Date • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ea 5 STATE OF TEXAS COUNTY OF TARRANT 1 This instrument was acknowledged before me on /S79p/ Z by Fernando Costa, Assistant City Manager of the City of Fort Wh, n behalf of the City of Fort Worth. . MANIA S. SANCHEZ MY COMMISSION EXPIRES December 14, 2013 STATE OF TEXAS COUNTY OF TARRANT ire Notary'Public, State of Texas He ore me, the undersigned authority on this day of , 2012, personally appeared Steve Hawkins, Chairman of the Board for ' outhwest Christian School, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same for the purposes and consideration expressed in the foregoing instrument. CANDACE DILLOW Notary Public STATE OF TEXAS My Comm. Exp. 05/29/2013 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 afi.e. i /141;fi Notary Puie, State o Texas EXHIBIT "A" STORM WATER DETENTION FACILITY BEING a portion of that certain tract of land conveyed to Southwest Christian School, Inc., according to the deed recorded in County Clerk Instrument Number D211261836, Deed Records of Tarrant County, Texas and being 1.222 acres of land situated in the J. Heath Survey, Abstract No. 641, said tract of land being more particularly described by metes and bounds as follows BEGINNING at a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner, being the southeast corner of said Southwest Christian tract said iron rod bearing South 09 degrees 13 minutes 56 seconds East, 1857.98 feet from the most westerly southwest corner of Lot 4, Block 30A Mira Vista Addition as recorded in Cabinet A, Slide 4460, Plat Records, Tarrant County, Texas; THENCE, North 82 degrees 09 minutes 26 seconds West, along the south line of said Southwest Christian School tract, 139.19 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner; THENCE, North 00 degrees 01 minutes 14 seconds East, 313.62 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner; THENCE, South 89 degrees 58 minutes 45 seconds East, 77.46 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner; THENCE, North 45 degrees 35 minutes 37 seconds East, 14.00 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for cornet, THENCE, North 01 degrees 10 minutes 00 seconds East, 128.53 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner; THENCE, North 44 degrees 58 minutes 45 seconds West, 18.76 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner; THENCE, North 45 degrees 01 minutes 15 seconds East, 46.68 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner; THENCE, South 44 degrees 58 minutes 45 seconds East, 39.77 feet to a 1/2" iron rod with a red cap stamped "RPLS 4818" set for corner, being in the existing east line of said Southwest Christian School tract; THENCE, South 00 degrees 01 minutes 14 seconds West, along the east line of said Southwest Christian School tract, 489.02 feet to the POINT OF BEGINNING. The tract of land herein described contains 1.222 acres of land. I, William L. Boomer, do hereby certify that I prepared this description and exhibit from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. I, William L. Boomer, do hereby certify that I prepared this description and exhibit from an actual and accurate survey of the land and that the corner monuments shown thereon were properl, placed un; er my supervision e illiam L. Boomer, R.P.L.S. CivilSolutions Inc P.O. Box 100247 Fort Worth, Texas 76132 (817) 423-0060 bill@civilsoltx.com No. 2559 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev 01/09/2007 BASIS OF BEARINGS BASED ON THE BEARINGS AS THEY APPEAR IN VOLUME 9572, PAGE 574, DEED RECORDS, TARRANT COUNTY, TEXAS. 80' oZo gig �y SOUTHWEST CHRIS41AN SCHOOL VOL 9752, P. 574, D.R.T.C.T. II Hill MI I II II RR SPril.E FND 100 0 100 200\ GRAPHIC SCALE' 1 IN =100 FT. SOUTHWEST CHRISTIAN SCHOOL INST. NO. D211261836 D,R.T C T. PROPOSED LOT 1 BLOCK 1, SOUTHWEST CHRISTIAN ADDITION 1/2" I,R, W/CAP STAMPED 544'58'45"E "RPLS 4818" rND. 39 77, N45'01't 5"E 46.68' 1/2" i R W/CAP STAMPED "RPLS 4818" END 1/2" i R. W/CAP STAMPED "RP' 5 4818" END N45'35'37" E 14.00' N44.58'4. 18.76' I/2" i.R W/CAP STAMPED "RPLS 4818" END O M1 ,' .0 r WI 'i/ Z '/, 5891'58 455" / ,'/// ''/'• - , 0.1 ,///'/ 1/2' LR. I „/ ! ' W/CAP STAMPED /;/ - / 'f-' i�"RP.• LS 4818" END', 1 .'//7/ , /// "' I , /',1.222 ACR�'�•.,//' - /• DETENTION //,;;,3 EASEMENT Q If / ; ; ; ;',' / / / '. ,/ , / / - ,-,7,.f. /' , rf 1/2" IR. !f r'1/i/2/1 �17'� W/CAP STAMPED I - / "RPLS 4818" END ,'',''fr ,�'! ;� y` ''rN8209'26"1Yi34.!9 UNITED STATES OF AMERICA TRACT 8-108 CAUSE NO. 2025 DATED NOVEMBER 17, 1950 EXHIBIT "A" STORM WATER DETENTION FACILITY 1/2'' I.R. W/CAP STAMPED "RPLS 4818" END S.W. RICHARDSON VOL. 1848, PG. 459, D.R.T.C.T. 1/2" 't W/CAP STAMPED `RPLS 4818` END. CivilSolutions Engineers Surveyors Planners P.O. Box 100247, Fort Worth, Texas, 76185 (817) 423-0060 (817) 346-0520 Fax Texas Registered Engineering Firm F-7997 Texas Licensed Surveying Firm 100062-00 2 Copyright O 2012 CivilSolutions Inc 00-000 Exhibit "C" CITY OF FORT WORTH STORM WATER 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev 01/09/2007 9 Exhibit "D" Storm Water Structural Maintenance CHECKLIST 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 REPAIRS REQUIRED REPAIRS MADE 1 I NOTES 11 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 12 Clly of Fort Worth, Texas Mayor and Council Communication .._i_'-- as - a ..a. C*UNCIL ACTION: Approved on 5/8/2012 DATE: Tuesday, May 08, 2012 LOG NAME: 20ROWE6710-SWCS-SWFMA SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with Southwest Christian School, Inc., for Property Located in the J. Heath Survey, Abstract 641, Tract 2E02 (COUNCIL DISTRICT 3) REFERENCE NO.: * `C-25603 RECOMMENDATION: It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance Agreement with Southwest Christian School, Inc., for property located in the J. Heath Survey, Abstract 641 Tract 2E02 at no expense to the City. DISCUSSION: Southwest Christian School, Inc., is the owner of a 15.06 acre tract of land upon which 1.222 acres will be used to construct a detention pond. The facility is being constructed to limit stormwater runoff from the property to predevelopment levels. The detention pond will be located in the J. Heath Survey, Abstract 641 Tract 2E02, south of Dirks Road and east of the Lakeside and Dirks Road intersection. The terms of the maintenance Agreement ensure proper maintenance of the facility by Southwest Christian School, Inc., at no cost to the City. The facility is located in COUNCIL DISTRICT 3, Mapsco 102A and 102E. 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 City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 6710-ROWE6710-SWCS-SWFMA.pdf (Public) Fernando Costa (6122) Douglas Wiersig (7801) Lexington Wright (6645) Logname: 20ROWE6710-SWCS-SWFMA Page 1 of 1 _: timid 'LVIv ,II—ItUvy�. ul.i�_r11R•11:, ,1 • 1pl ria¢ Ir • eb 0 • • e. ti a "', n'.A , . • ali''C�eDI cv Z / • ••C. 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A !1 / t 150 S.F. 12• DIA. (MIN.) WASHED,ROCK n� tt RIP -RAP -T3 LF. OF _ -- 12• P.V.C. ! PIPE AT / 1.86X Milne -3 F/L 12" 54.80 —� _..._._. __ 77s�.5 757 760 SHEET 5 / S 20 0 20 40 GRAPHIC SCALE: 1 IN = 20 FT. 755__ / 754 — r FA 12- 54.00 - "2P3 150 S.F. 12• DIA. \(MIN.) WASTED ROCK RIP -RAP F/L 12" PC 754.8( 756 _ .r_ AREA uit rA T O.50% 752 0+00 EXIST. C/L OVERFLOW PIPE Tf? OF BERM 75 12' DIA MIN ROCK RUBBLE RIP -RAP TOP OF E OVERFLO ERCENCY 758.00 FA 12• PVC 754.00 PROFILE EMERGENCY O ERFLOW 1400 E/GRID AT CA PIPE GRADING PLAN NOTES A m^ NO, LEGEND 670 - EXISTING CONTOUR - EXISTING SPOT ELEVATION 000- - - PROPOSED CONTOUR amemo - PROPOSED SPOT ELEVATION I,Wa EVAT WE - fATa EPPOP GT - WTDE ozz - OIE! 19 TI - TOP Or - IMX i ic` R4 03. 4. - TIP 6 WILL 94-91£D(Pit GENERAL NOTES: 1. ACCESSIBLE ROUTE ACCESSIBLE ROUTE SHALL HAVE A RUNNING SLOPE LESS THAN 5X (1.20) AND A CROSS SLOPE OF LESS TITAN 2% (1-50) 2. CURB RAMP 111E MAXIMUM SLOPE OF A CURB RAMP IS 8.33X (1:12) MAXIMUM SLOPE OF ADJOINING GUTTERS, ROAD SURFACES ON ACCESSIBLE ROUTE MUST NOT EXCEED 5X (1:20) MINIMUM W1017-1 IS 36" THE FULL WIDTH k DEPTH OF CURB RAMPS MUST HAVE A LIGHT REFLECTIVE VALUE AND TEXTURE THAT SIGNIFICANTLY CONTRASTS WITH ADJOINING PEDESTRIAN ROUTES 3. DOORS ENTRANCES INTO BUILDINGS SHALL HAVE A SLOPE NOT TO EXCEED 2X (1:50) FOR 5 FEET FROM DOOR. INDEX TO SHEETS DETENTION AREA OUTFALL PROFILE ADDED DETENTION POND AND CUTFALL ADDRESSED 1RYV COMMENTS (ESMT. GATE) REMff0 TO REFLECT PROPERTY UNE ADJUSTMENT ADDRESSED TRWO COMMENTS DESCRIPTION 3-26-12 2-3-12 12-15-11 9-12-11 8-23-11 DATE CRY APRV41 GRADING PLAN SHEET SIX CAMPUS IMPROVEMENTS LOT 1, ELK 1, SOUTHWEST CHRISTIAN ADDITION 7001 BENBROOK LAKE FORT WORTH, TEXAS, 76132 CivilSolutions Inc Engineers Surveyors Planners TEXAS REGISTERED ENGINEERING FIRM F 7997 P.O. Box 100247, Fort Worth, Texas, 76185 (817) 423-0060 (817) 346-0520 Fax OiREPSHP CC maVO,TS Rv daermt old up ena aid e.ga Tocceptztod hero to on netM1nnt al potence-6 eaJce. it Vie p<p rty of ColSeLIImx Pt PI it itt to to copied v aeq F ha a n ;rt. bay other 'Pact CI pnp'ts .Uait the.mtte, .jt4929:1 of Po Ffatir.. Sc. DESIGNED BY: `1 DATE: MS 1 SUB. ( 4-14-2011 Consulting Engineer DRAWN BY: JOB NO.: TB I REC. Chief Design Engineer 11-008 CHECKED BY: REV. SHEET NO.: WLB Engineer OF Copyright © 2011 CMtSolutions Inc