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HomeMy WebLinkAboutContract 54150 Jul 15,2020 CSC No.54150 10:31 AM DOE# i i STORMWATER FACILITY I MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of July 9 I 292o , by and between Eagle Mountain-Saginaw Independent School District, a Texas independent school district, acting by and through Eagle Mountain-Saginaw Independent 1 School District, a Texas independent school district, 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 I approximately 26.774 acre tract located in the D.C. Pace Survey, Abstract 1245, Tarrant i County, Texas according to the deed recorded in Document No. D219132005 and Document No. D220097612, Deed Records, Tarrant County, Texas, hereinafter called the I "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property ! according to the Site Plan/Subdivision Plan known as Tract A-1, Phase 2, Unit I Lake Country Estates, 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 i 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 i that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and I I STORMWATER FACILITY MAINTENANCE AGREEMENT K_ fG=� O£� ECOR® Rev.11l17/2016 EC P,F714RY i i 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 i i 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: i 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 j submit an inspection report to the City annually. The purpose of the inspection 1 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. I I 1 i STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 i i 3. The Landowner, its successors and assigns, hereby grant permission to the j City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose j of inspection is to follow-up on reported deficiencies and/or to respond to i 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. i It is expressly understood and agreed that the City is under no obligation I 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 fiends 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 i 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.1111712016 i i 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, I 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 i 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 i within the drainage easement outlined on Exhibit "A" but this paragraph shall 1 not preclude construction of other improvements within the drainage easement, i which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such i 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. S. This Agreement shall be recorded among the land records of Tarrant County, 1 Texas, shall constitute a covenant running with the land, and shall be binding , on the Landowner, its administrators, executors, assigns, heirs and any other I successors in interests, including any property owners association. [SIGNATURE PAGE FOLLOWS] i i STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.1111712016 Executed this 9th day of July 20,20 7, Eagle Mountain-Saginaw City of Fort Worth Ind'pel itS I liffisti-irt- - Dana 90r�hdohc Dana Burghdoff(:ful 9,2020 14:18 CDT) Nw 4 Da,06d Assistant City Manager Approved as to Form and Legality Christa R,Lopez-Reynold (Jul 9,2020 11:54 CDT) Assistant City Attorney ATTEST City Secretary .......... Z, r STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11117/2016 i STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on July 13,2020 by pgnAl3ue44wFF,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LAURIE Digitally signed by LAURIE PEQUENO LEWIS I PEQUENO LEWIS Date:2020.07.1308:56:27-05'00' t �egYPo LAURIE PEQUENO LEWIS Notary Public,State of Texas 20 °� Notary Public ®* STATE OF TEXAS Notary I.D.9�°F Py 8952 My Comm.Exp,Dec710,2023 STATE OF TEXAS § COUNTY OF TARRANT § I i Before me, the undersigned authority on this$day of / 2020, personally appeared Steven Newcom, as Board President of Eagle Mountain- Saginaw Independent School District, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same ' for the purposes and consideration expressed in the foregoing instrument, I NotOyy Public,State of T as i i JILL S. PAYNE Notary Public,State of Ten.- f Comm.Expires 11-23-2020 II Fiat°lu�r No_taly ID 124986943 i•, Ii i i 1 i I STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.1111712016 (� �( 'qEcr 4 Con txnct Compliame 11/1ananer By signing I acknowledge t7iat I=1 the person responsible for the monitoring and administration of this contract,including, en.-calnu all performance a-ad.repotting requirements, t�lrXlmvL Janie S. Morales Develupmeat&rvices N.Nnager DFRM, EnECORD CITV �)ECF EMA FRsf mr wE D ('�l,vn,' l EXHIBIT "A" LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 EXHIBIT "A" "STORM WATER DETENTION FACILITY" Being 34,672 square feet of land situated in the D.C. Pace Survey, Abstract No. 1245, i- f Fort Worth,Tarrant-County, . eing&Portion-of—two-tracts-Gf-lan"escribe� in deeds to Eagle Mountain-Saginaw Independent School District, a Texas independent school district, according to the deed filed in Instruments #D219132005 and #D220097612, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and also being a portion of Tract A,Phase 2,Unit 1,Lake Country Estates, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Volume 388-75, Page 33, Plat Records of Tarrant County,Texas(P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at a northwest corner of said Tract A,also being a re-entrant corner of said Eagle Mountain-Saginaw ISD tract(#D219132005),and being the northwest corner of said Eagle Mountain-Saginaw ISD tract (#D220097612), from which a 1 inch iron rod found at a northeast corner of said Tract A, also being a re- entrant corner of said Eagle Mountain-Saginaw ISD tract(#D219132005), and being the most northerly northeast corner of said Eagle Mountain-Saginaw ISD tract (#D220097612), bears N 60°24'07"E, a distance of 145.73 feet; THENCE S 37028'23" W, over and across said Eagle Mountain-Saginaw ISD tract (#D219132005),a distance of 11.51 feet to a 1/2 inch iron rod set with cap stamped"TNP INC ESMT"(hereinafter all 1/2 inch iron rods set are marked the same) for the POINT OF BEGINNING of the hereinafter described tract of land THENCE passing over and across said Eagle Mountain-Saginaw ISD tract (#D219132005), and over and across said Eagle Mountain-Saginaw ISD tract (4D220097612), the following courses and distances; S 79°53'42" E, passing over and across a west line of said Tract A, a distance of 34.32 feet to a 1/2 inch iron rod set at the beginning of a tangent curve to the right whose radius is 67.60 feet,and whose long chord bears S 57°23'42"E,a distance of 51.74 feet; Along said curve and continuing over and across said Tract A in a southeasterly direction through a central angle of 45°00'00",an arc length of 53.09 feet to a 5/8 inch iron rod set at the end of said curve; S 34°53'42" E, continuing over and across said Tract A, a distance of 109.73 feet to a 1/2 inch iron rod set; S 55'06'18" W,passing over and across a west line of said Tract A, a distance of 184.56 feet to a 1/2 inch iron rod set; Sheet 1 of 3 EMS 19291 N 34°53'42" W, a distance of 63.50 feet to a 1/2 inch iron rod set; S 55°06'18" W, a distance of 38.30 feet to a 1/2 inch iron rod set; N 34°50'06" W, a distance of 17.81 feet to a 1/2 inch iron rod set; N 55°06'18" E, a distance of 38.28 feet to a 1/2 inch iron rod set; N 34°53'42" W,a distance of 52.69 feet to a 1/2 inch iron rod set at the beginning of a tan gent-curve_to-the-right-wuhose-radfu&i"7 60feet,and-whose-long-chord bears N 10'06'18"E, a distance of 95.60 feet; Along said curve in a northeasterly direction through a central angle of 90°00'00", an arc length of 106.19 feet to a 5/8 inch iron rod set at the end of said curve; N 55'06'18" E, a distance of 25.09 feet to a 1/2 inch iron rod set to the beginning of a tangent curve to the right whose radius is 67.60 feet, and whose long chord bears N 77'36'18"E, a distance of 51.74 feet; Along said curve in a northeasterly direction through a central angle of 45°00'00", an arc length of 53.09 feet to the POINT OF BEGINNING and containing 34,672 square feet or 0.796 of an acre of land. OF e 1, 2020 THERON W.SIMS Theron W. Sims, R.P.L. . s4•�•�"•" Texas Registration No. 5 90 5887 �� Surveyed on the ground May 29, 2020 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination factor of 1.000148415 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description b. Sketch Sheet 2 of 3 EMS 19291 NOTES. TRACT A, PH 2, UNIT 1 1)Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of LAKE COUNTRY ESTATES 1983 (North Central Zone; NAD83(2011)2010.00)as derived locally from Western Data VOL. 388-75, PG. 33 Systems Continuously Operating Reference Stations (COBS) via Real Time I(Inematic P.R.T.C.T. (RTK)methods.An average Combination Factor of 1.000148415 was used to scale grid \ coordinates and distances to surface. LAKE COUNTRY CHURCH 2)All easement comers shown hereon marked with 1/2 Inch Iron rods INST. D2 1 424 7092 \ set with cap stamped 'rNP INC ESMT'(Unless otherwise noted). D.R.T.C.T. SCALE 1"=100' (Remainder of TRACT //1) 3)Integral parts of this survey: 9.Legal Description .O,C b Sketch LAKE COUNTRY CHURCH It 518" IRF / ` ` INST D.R.TID2.C.T.9311 (CONTROL MON.) / 1" IRF era (CONTROL MON.) 7• - 1 1.51' .O.B LINE FOR DIRECTIONAL \ EAGLE MOUNTAIN—SAGINAW �..:... CONTROL INDEPENDENT SCHOOL DISTRICT, a c3.......L \ C ,Ari: ....:::::i::... Texas independent school district J!f�•°�.;i:':isin::iit i'• a';:'•.'•;.'':?' INST. 1219132005 D.R.T.C.T. V �V:= r :...................................? ... :. ;;;;>;;;::;;;+;:»:.;::::.STORM WATER._::::..:................. i ETENTION FAC/L/TY:> t;;'">? .`..: `>.':� \ ................... y, \ ..... ;::-5:; tf;:<i=:;:i->::&:iii:ii::a:i::%:;'•:i:`:ia+;:;:ia`a� `:':`?�Fii:?;:>' Line Length # Direction g 1 . L1 S79'53'42"E 34.32' �`�A'< `` +� EAGLE MOUNTAIN—SAGINAXa L2 S34'53'42"E 109.73' INDEPENDENT SCHOOL DISTREAGLE MOUNTAIN—SAGINAW / Texas independent school d L3 S55'06'18'V 184.56' INDEPENDENT SCHOOL DISTRICT, a INST. 10220097512 L4 N34'53'42"W 63.50' Texas independent school district {; Y D.R.T.C.T. INST. f2 1 9 1 32005 L5 S55'06'18"W 38.30' D.R.T.C.T. s g 2 5 TRACT A, PH 2, UNIT 1� L6 N34"50'06"W 17.81' LAKE COUNTRY ESTATES p A 140. VOL. 3 P.R.T.C.T.88-75, PG. 33 L7 N55'06'18"E 38.28' D. C, � ��' LS N34'53'42"W 52.69' 1 L9 Curve # Length Radius Delta Chord Bearing Chord N55'06'18"E 25.09' C1 53.09' 67.60' 45'00'00" S57'23'42"E 51.74' LOT 1, BLK. 1 TERRACE GREEN C2 106.19' 67.60' 90'00'00" N 10*06'18"E 95.60' VOL. 388-164, PG. 13 C3 53.09' 67.60' 45'00'00" N77'36'18"E 51.74' P.R.T.C.T. EXHIBIT "B" STORM WATER _ DETENTION FACILITY THERON W. SIMS, R.P.L. Situated in the D.C. Pace Survey, Abstract No. 1245, TEXAS REGISTRATION NO. 5887 City of Fort Worth,Tarrant County,Texas,and being a Date: June 1, 2020 portion of Tract A, Phase 2, Unit 1, Lake Country Estates,an addition to the City of Fort Worth, Tarrant Surveyed on the ground County, Texas, as filed in Volume 388-75, Page 33, May 29, 2020 Plat Records of Tarrant County,Texas. teague nail & perkins 5237 N.Riverside Drive,Suite 100 t n Fort Worth,Texas 76137 817.336.5773 ph 817.332.7756 fx JOB No. EMS 19291 p w.tnpinc.com/TBPELS Registration No.100116-W SHEET 3 OF 3 P:\SURVEY\EMS19291\cad\survey\Easements\Storm Water Detention Facility — EMS 19291.dwg IV Oilw � 1 s3 #avis- = s I P ' nj ing t B I >y F`- pe V f A S pgpg / tit y g nr�� HIE oil Lb p rst ` oil b I 4Yk a � gg P _ IM ---B a zN G 'n 'a3 SSA �3 b o a z f F5� a its &=� Jai ii �3 5466§6'a-- - GGGL6LLGL� # #E ° z �f HI, t �aaj g r y aeK E e zi p1_' e�3 it llx¢; dx d£s¢ €aA y 13dT s e=a�i'r }y °4 F -g 4 7}3;,its dtdt° €g1€( 1`:+pe}aga•> - SS t I �i ;L isdadIt I 4gzg .f :` d I �� M,� Hill- =`s ° ':t fig; d�'•e ix I f Ii; a8 3€ fl fit i'se3g3 tote `ai 3- g°� } €Fill { - 4 I1 giAfi 3 F s F°d i e[ �z° is.fi �� 3-. ds € r� d F .g f i• x �fi€ y)?S r �A$� i gd3 d$ l3 I r° _ LP f i r gyp �L t i ?gdgl �[ia 'a �4 °:i a[ d � it jll 1:13 s 3q iss' ;d£ 3gflc '-as z� r�` Idf 23 '�� a� A>€ E t} pi Ya aI$ s s33 1 aj s • 43 �~ 3 - 5 g I_ Mtn i ;zl >;aas g- -� s F €€ ° i- 31ul a 4 4 a � g flq=-r d F - s' 3 • z : z � eifl€� o.xe gfi. fll � €'} `-- EXHIBIT "B" DESIGN SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 VVI MVN19VS-N1V1NnMMV3 A*ON 10OHDS AWIN3V(313 M3N d � � _ Ali� � j � � f +` � ' all f�� 'Y A�1� '/ � '` � t 1 Hit I I ii 111-1, 1! ---------- $"Nun V 1 A Yj 11 Ash - —-------------- - svx31`N1aoMltl03 a #n 3i. 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I m N ozo4t I I t! 0 % F a Z i LU S [ti3 OS1 f9�i5€' E 8 jj�MVNI9WNIVINfUI310V3 4 LO100HDSAVVINSN313 M3N o I � p 99 o c� o can B44 338-3rwiv14 � \ i r g \ \ f 1 a ` \`\\ ����✓"�.�""tea,- r�"`�� �\ e \\ \ she \ \ r1 \ \ 0 \ \ \ \ \ \ I \ \ Sv)aL'H1a0M121O3 toe i<�g _' ! c -;'f p ros1MKOVS-NrolNnOri31Jtl3 ,� 4ff� I�p' 1 Lt'ON 100NOSAUVINY013 M3N @.i INN .�c olid s r y � a a a o E E ,!ytf ■ 1 1 f i t 3 1 J 1r � rf 11 r rJ r A a i lJ t � /-- r $ r / � / . . . . ate.. . .+re . c — — c:a — —— — c-s3 — awe 7.011 1940 339-3+t I" g . r 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 9 Rev.11/17/2016 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE 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 10 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 11 Rev.11/17/2016