HomeMy WebLinkAboutContract 48037 (3)STOW/WATER FACILITY
MAINTENANCE AGREEMENT
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THIS AGREEMENT, made and entered into this day of July, 2016, by and
between FW MASON, L.P., a Texas limited partnership, hereinafter referred to as
"Landowner", and the City of Fort Worth, hereinafter referred to as "Ci
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WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as Lot
3, Block 1 known as Mason Heights Addition, an addition to the City of Fort Worth,
Tarrant County, Texas recorded in County Clerk's Instrument No. D21220153 5, 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 Final Plat, Mason Heights Addition,
Lots 1-4, Block 1 and Lots 1-4, Block 2, 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 onasite Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
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
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev, 12/29/2014
4817,08081-0804.v 1
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
1
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:
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 "A", 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 `B" 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 "C", 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
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
4817-8081-0804.v 1
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 as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
stens 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.
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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
4817-8081-0804.v1
3
EMPLOYEES FROM AND ; GAMIST kLL COSTS, li,XPENSES,
LOSSES, DAMAGES, CAWS OR CAUSES OF ACTION
WHATSOEVER AR SING, OR WHICH MEGET ARISE, FROM THE
FA: f JUJU 07 LANDOWNER ER OR ANY FUTURE OWNERS OF + THE
ABOVE h ACIILLT3EY PROPERTY TO PAIAINT JN THE FAC I[LIITI Y9
INCLUM C 9 IBU L NOT f ,III` LL : Ii TOT -F BED AND BANKS OF
HE DETENTION POND; ANY DAMAGES CAUSF,D TO PERSON OR
PROPERTY DUE TO OD) it003ING 01 THE POND AND fliS
ANIIKS9 (2) SLOPE FAILURE OF THE B &MKS OF THE POND, OR (3)
FAILURE E OF '_Wei POND OR fl'S BAN CS TO OPERATE IN A
MANNER CONSISTENT T L CII s -Y OF FORT WORTH CP 'FERIA
TO PERFORM ANY OTH1K R DU'?IIIKS O1 . OJIIGArIONS
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.
[SIGNATURE PAGE FOLLOWS]
Executed this oday of July, 2016.
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
481 7408 1 -0804.v 1
4
Landowner
FW MASON HEIGHTS, L.P.
A Texas limited partnership
By:
Nance: Happy
Title: Manager of the General Partner
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
4817-8081-0804.v l
City of Fort Worth
1 costa. :s (04
y `(
Assistant City Manager
Approved as to Form and Legality
77t
Assistant City Attorney
&+hwr N eaSiewr
ATTEST
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OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
FJ
STATE OF TEXAS
COUNTY OF TARRANT
jc5's This instrument was acknowledged before me on this 2,W day of July, 2016 by
111 1L��i Ccha Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
raccarresseist
""''% LINDA M. HIRRLINGER
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).C.• • 0 e Notary Public, State of Texas
t '•. ne Comm. Expires 02-02-2018
% °; .tip -Notary ID 12414474-6
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STATE OF TEXAS
COUNTY OF TARRANT
S
3
Notary Public, State of Texas fir
Before me, the undersigned authority on this ZC)day of July, 2016 of personally
appeared Happy Baggett, Manager of the general partner of FW MASON HEIGHTS,
P., a Texas limited partnership, on behalf of a_ $ Texas limited.
STGRMUVATER FACILITY MAINTENANCE AGREEMENT
Rev, 12/29/2014
4817 8O8 1 c0804.v 1
Pubic, State of Texan /
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1 aNein IC.
Stott of
Texas
Exp' q l$1 I201 9
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OFFICIAL RECORD
CITY SECRETARY
�T. VYORTH, TX
6
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/1 4//201 4
LAND DESCRIPTION
DETENTION POND EASEMENT
BEING a tract of land situated in the J. Justice Survey, Abstract No. 859, Tarrant County, Texas,
and being a portion of a tract of land as described in instrument to FW Mason Heights, LP
as recorded in Document No, D207002963 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.), and being a portion of Lot 2, Block 1 of the Mason Heights Addition, an addition
to the City of Fort Worth as recorded in Document No. D212201535 of the Plat Records, Tarrant
County, Texas (P.R.T.C.T.) and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found with plastic cap stamped "WAI" at the common
south corner of Lot 1R1 and Lot 1R2, Block 1 of the Mason Heights Addition, an addition to the
City of Fort Worth as recorded in Document No. 215133856 (P.R.T.C.T.) said point being on
the north right-of-way line of Moresby Street (a 60 right-of-way) as recorded in Document No.
D212201535 (P.R.T.C.T.) and from which a 5/8 inch iron rod found with plastic cap stamped
`WAI" at the northeast corner of said Lot 1 R1 bears North 00 degrees 02 minutes 16 seconds
East a distance of 410.01 feet;
THENCE, along the north right-of-way line of said Moresby Street North 89 degrees 48 minutes
25 seconds East, a distance of 513.61 feet to a point for corner on the east right-of-way lino of
W.G. Daniels Drive (a 60' right-of-way) as recorded in Document No. D212201535
(P.R.T.C.T.);
THENCE, along the east right-of-way line of said W.G. Daniels Drive, South 00 degrees 32
minutes 20 seconds East, a distance of 52.22 feet to a point for corner;
THENCE, departing the east right-of-way line of said W.G. Daniels Drive, North 89 degrees 27
minutes 40 seconds East a distance of 7.36 feet to the POINT OF BEGINNING;
THENCE, North 89 degrees 38 minutes 21 seconds East a distance of 188.64 feet to a point for
corner;
THENCE, South 00 degrees 22 minutes 02 seconds East a distance of 389.69 feet to a point for
corner on the north right-of-way line of Grayson Street (a 60' right-of-way) as recorded in
Document No. D212201535 (P.R.T.C.T.);
THENCE, along the north right-of-way line of said Grayson Street, South 89 degrees 27 minutes
40 seconds West a distance of 177.62 feet to a point for corner at the beginning of a curve to the
right having a delta angle of 38 degrees 25 minutes 07 seconds, a radius of 18.00 feet and being
subtended by a chord which bears North 68 degrees 48 minutes 38 seconds West a distance of
11.84 feet;
THENCE, along the north right-of-way line of said Grayson Street and said curve to the right an
arc distance of 12.07 feet to a point at the end of said curve;
Page 1 of 3
J:\Survey\30578401 - Renaissance Square\wp\EASEMENTS\DETENTION POND 1,doc
THENCE, departing the north right-of-way line of said Grayson Street, North 00 degrees 22
minutes 02 seconds West a distance of 385.89 fee to the POINT OF BEGINNING and
containing 73,548 Square Feet or 1.6884 of an Acre of Land, more or less.
For Huitt-Zollars
Mite'ficll S. Pillar
Registered Professional Land Surveyor
Texas Registration No. 5491
Huitt-Zollars, Inc.
Firm Registration No. 10025600
1717 McKinney Avenue
Suite 1400
Dallas Texas 75202
Ph. (214) 871-3311
Date: May 12, 2016
ITCHE1.l. S !... I PILLAI
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Page 2 of 3
J:\Survey\30578401 - Renaissance Square\wp\EASEMENTS\DETENTION POND 1.doc
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5/8" IRF
WNVA1 CAP
5/8" IRF II 1
WNVAI CAP
10' UTILITY EASEMENT
0212201535
P,RT,C,T
ASON HEIGHTS ADDITION
----- -----
CNI
0 c. 0215133856
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c) P.R.T.C.T.
z -----
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z LOT 1R2-BtrICK 1
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...------->--
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N 89°48'25" E MORESBY STREET 513.61'
(60' RIGHT-OF-WAY) S 00°32'20" E
POINT OF 0212201535, P.R.T.C.T. 52.22'
COMMENCING
FW MASON HEIGHTS LP
CC #D207002963
D.R.T.C.T.
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I UNE I BEARING I DISTANCE
I Li IN 8927'40" E 7.36'
I CURVE I ARC LENGTH !RADIUS I DELTA ANGLE I CHORD. BEARING ICHORD LENGTH
C 1 I 1 2.07' 11 8.00 1382507" I N 6848'38" W .84'
Huitt-Zollars, Inc. Dal as
1717 McKinney Avenue, Suite 1400
Dallas, Texas 75202-1236
Phone (214) 871-3311 Fax (214) 871-0757
DETENTION POND EASEMENT
LOT 2, BLOCK 1
MASON HEIGHTS ADDITION
CITY OF FORT WORTH
TARRANT COUNTY TEXAS
10' UTILITY EASEMENT
D212201535
POINT OF
BEGINNING
N'88'21" E 188.64'
L 1
C'7
DETENTION POND
EASEMENT
(73,548 S.F. or 1.6884 Acres)
S8427'40" W 177.62'
30' SANITARY
SEWER EASEMENT
D212201535
P,R,T,C T,
SCALE, 1..1001
cn
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=c) MASON HEIGHTS ADDITION
D212201535
P.R.T.C.T.
CO
LOT 2, BLOCK 1
FW MASON HEIGHTS LP
CC #0207002963
D.R.T.C.T.
GRAYSON STREET
(60' RIGHT-OF-WAY)
D212201535, P.R.T.C.T,
BASIS OF BEARING: TEXAS STATE PLANE COORDINATE
SYSTEM, N.A.D. 83, NORTH CENTRAL ZONE (4202).
PAGE 3 OF 3
EXHIBIT "B"
DESIGN SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014
EASEMENT.DWG
EASEMENT\SOUTH POND
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OUTFALL STRUCTURE
24" FL= 653.00
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DETENTION POND 6
STORAGEwoyr = 2 22 AC -FT
QlooyrON) 77.47 CFS EXHIBIT B \
Q (OUT) = 27.23 CFS SHEET 1 OF 2
loot `
Wall = 657.0
TOP OF EMBANKMENT ELEV. = 658. 0 WITEZMARS
t tt-zolers, Inc. Fort Wan,
500 West 7th Street, Site 300
Fat Worth Texas 78102-4728
Phone (817) 335-3000 Fox (817) 335-1025
7/20/2016
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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. 05/14//2014
9
Exhibit "D"
Stormwater 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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip -
Rap
DATE
REPAIRS REPAIRS
REQUIRED MADE
NOTES
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 05/14//2014