Loading...
HomeMy WebLinkAboutContract 54235 08/06/2020 CSC No.54235 2:25 PM DOE# STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of August 2020, by and between HIGHLAND MEADOWS CHRISTIAN CHURCH , acting by and through DAVE TONEY , 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 15.24 acre tract located in the C. Boyd Survey, Abstract 212. Tarrant County, Texas according to the deed recorded in Document Number 218068808 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 Compass Christian Church 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 on-site 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 STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev.11/17/2016 CITY SECRETARY FT. WORTH, TX 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 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 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 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 fitnetion,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 i STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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. 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. 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. 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 ] Rev.11/17/2016 ! i 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 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 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 PERFORNI ANY OTHER 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, 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] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 i Executed (his 1h day of , Aug 202C1 Landowner City of For! Worth .r�. ��8urA6u7afG f` dada CuryhJutf( 94,2JE 2.3ON Assistant City Manager Title: ✓� _ Approved as to Form and Legality Cluista R.Wper-Re/RoWz fAuv 4,20;K 14; ' T) Assistant City Attorney ; a 440Rn��>1 4 ATTEST o v°�o °o9�1d O V oo aaab nEXASo�p City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev-.11 f 17/2016 i STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on August 6,2020 by Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Jennifer L Digitally signed by Jennifer L o�QEtYppe(/ JENNIFER L. EZERNACK EzerDatenack 2020.08.0611:19:27-06'00' z Notary Public Ezernack * * STATE OF TEXAS — P Notary I.D. 130561630 Notary Public, State of Texas OF My Comm. Exp. Mar, 1,2024 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this `J ( day of Zp personally appeared "ti�•� •,�. 1T,t�����. Y 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 , and that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument, Notary P iblic, State of Texas .ss ullh�s>14tAaV fA[1auLLLWsiV�Us UREEN HILT M << ID#11771876 My Commission Expires FeWlIfY 02,2024 '�,i flRntnYY'/iY'AYTIT1�Tt'YTtrt Ytt'/YTtI OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMVVATER FACILITY MAINTENANCE AGREEMENT 6 Rev.1111712016 Con txact Compliance Manager By signing I acknow1ccl e that I ant the person responsible fot the monitoring and administration of this contract,ittchtding ensuring all perfozmajacc and.ropot•titt-requirements, t�Y1. '��.�.Janie S. i•�IoraI�;s - . Dzvetupnzent S�rYiecs t4l�.tn:taer OFFICIAL RECORD . CITY SECRETARY FT. WORTH, TX EXHIBIT "A" LEGAL DESCRIPTION BEING, all of that 1.823 acre (79,389 square foot) tract of land situated in the C. Boyd Survey, Abstract Number 212, City of Fort Worth, Tarrant County, Texas; being of Lot 2, Block 1, Raider Express Terminal, an addition to the City of Fort Worth as recorded in Document No. D219046538 of the Plat Records of Tarrant County, Texas; and being part of that tract of land described in Special Warranty Deed to Highland Meadows Christian Church as recorded in Document No. D218068808 of the Official Public Records of Tarrant County, Texas; said 1.823 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING, at a 1/2-inch iron rod at the southeast corner of said Lot 2; said point being in the north line of Lot 2, Block 1, Willow Springs Addition, an addition to the City of Fort Worth as recorded in Document No. D215176037 of the Plat Records of Tarrant County, Texas; said point being the southwest corner of that tract of land described in Special Warranty Deed to Haslet Springs, LP as recorded in Document No. D216050184 of said Official Public Records; from said point a 5/8-inch iron rod found at the most southerly southwest corner of said Lot 2 of Raider Express Terminal bears South 89°53'53"West, 419.05 feet; THENCE, North 00°06'07"West, with the east line of said Lot 2 of Raider Express Terminal and the west line of said Haslet Springs, LP tract, a distance of 792,86 feet to the POINT OF BEGINNING; THENCE, North 80' 29'35"West, departing the east line of said Lot 2 of Raider Express Terminal and the west line of said Haslet Springs, LP tract,a distance of 15.21 feet to a point for corner; THENCE, North 00°06'07"West,a distance of 86.21 feet to a point for corner; THENCE, North 80'29'35"West, a distance of 375.26 feet to a point for corner; THENCE, North 00' 06' 07" West, a distance of 202.85 feet to a point for corner in the north line of said Lot 2 of Raider Express Terminal; said point being in the south line of that tract of land described as Tract 3 in General Warranty Deed to Raider Express Asset Management, LLC as recorded in Document No. D219073823 of said Official Public Records; THENCE, South 800 29' 37" East, with the south line of said Tract 3, a distance of 390.48 feet to a point at the northeast corner of Lot 2 of Raider Express Terminal; said point being the northwest corner of said Haslet Springs, LP tract; THENCE, South 00' 06' 07"East,with the east line of said Lot 2 of Raider Express Terminal and the west line of said Haslet Springs, LP tract, a distance of 289.06 feet to the POINT OF BEGINNING and containing an area of 1,823 acres or 79,389 square feet of land, more or less. � st�RFO qs+ RENr SILVAS •° DETENTION EASEMENT •••••••••••••'•""•r" BEING A PART OF LOT 2, BLOCK 1 04/17/2020 `•.,P, 921�Po RAIDER EXPRESS TERMINAL ess.Q�yo AND BEING 1.823 ACRES OUT OF Rend Siivas Date SU R� Registered Professional THE C.BOYD SURVEY, ABSTRACT NUMBER 212, Land Surveyor No.5921 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS APRIL 17,2020 NOTES A plat of survey with even date shown hereon was prepared in conjunction with this legal description. � BGE, Inc. Bearing system for this survey is based on the Texas State Plane . 777 Main Street,Suite 1900,Fort Worth,TX 76102 Coordinate System - NAD 83, North Central Zone 4202, based on Tel: 817-887-6130 • www.bgeinc.com observations made on April 8, 2020 with an applied combined scale TBPI-S Registration No.10194416 factor of 1,00012. Copyright 2019 JOB No.5182-00 RS/JH PAGE 1 OF 2 EXHIBIT "A" 120' PRIVATE DRAINAGE EASEMENT RAIDER EXPRESS ASSET MANAGEMENT, LLC (DOC. NO. D21904653B) 15' WATER LINE EASEMENT L P.R.T.C.T. (DOC. NO. D218272328) TRACT 3 P.R.T.C.T. (DOC. NO. D219073823) O.P—.R.T.C.T. TER AZI 1O EASEMENT (DOC.80•2 " `39�4gp— P.R.T.C.T.W � I I p O ONO1v I CV I O n I. w z a I —f\ cD O moo II w O O I W O N HASLET SPRINGS, LP 0D Z W (DOC. NO. D216050184) z R O.P.R.T.0 T. �m o N 80•2 9,35„ W Poa oDETENTION EASEMENT v`v0 1.823 ACRES �' `� � (79,389 SQ. FT.) N 00-06'07" W � 86.21' LOT 2, BLOCK 1 RAIDER EXPRESS TERMINAL N 80,29,35„ W P.O.B. (DOC, NO. D219046538) , P.R.T.C.T. 15.21 0 co Zo iIGHLAND MEADOWS CHRISTIAN CHURCH o h (DOC. NO. D218068808) o O.P.R.T.C.T. z I N, ��/��•\ 5/8-INCH IRON y ROD FOUND P�O.C (4SO'� (C•M) S 89'53'53" W 419.05' �r 1/2-INCH IRON LOT 2, BLOCK 1 ROD FOUND WILLOW SPRINGS ADDITION (c.M.) Y (DOC, NO. D215176037) t P.R.T.C.T. LEGEND n D.R.T.C.T. DEED RECORDS,TARRANT'0% DETENTION EASEMENT I COUNTY,TEXAS O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, BEING A PART OF LOT 2, BLOCK 1 i TARRANT COUNTY,TEXAS NORTH 9 P.R.T.C.T. PLAT RECORDS,TARRANT RAIDER EXPRESS TERMINAL COUNTY TEXAS P.Q.B. POINT OF BEGINNING AND BEING 1.823 ACRES OUT OF P.O.C. POINT OF COMMENCING CIRF CAPPED IRON ROD FOUND THE C.BOYD SURVEY, ABSTRACT NUMBER 212, CIRS CAPPED IRON ROD SET SCALE:1"= 100' CITY OF FORT WORTH,TARRANT COUNTY,TEXAS APRIL 17,2020 NOTES A legal description with even date shown hereon was prepared in conjunction with this plat of survey. BG E, Inc. 777 Main Street,Suite 1900,Fort Worth,TX 76102 Bearing system for this survey Is based on the Texas State . Tel:817-887-6130 a vwvw.bgeinc.com Plane Coordinate System - NAD 83, North Central Zone 4202,based on observations made on April 8,2020 with an TBPLS Registration No. 10194416 applied combined scale factor of 1.00012. Copyright 2019 JOB No.5182-00 RS/JH PAGE 2 OF 2 2 VOL _ s ,�ex.rz•vt � ml eoe`� 81D of 12 DETENTION.3 APPROPOND iWIRW.L7 ACRES)80923 �w 700.'/R\4SEL=80927 I\ J A® F i 1 81p ; - ��I 15.24 Acres I ! (887,834 Square Psat) ;� DETAIL OF POND OUTFALL ItT.S SECTION A-A 810 'A 4iiw 805 --- 1 9 2+00 1+00 0+00 SECTION S-B � GRAPHIC SCALE 71 r -- "IOU 00= 0 40 80 ( IN FEET ) ,m y I inch = 80 ft. BGE,Inc. 500'uest7th St..SU'te 1800,Fort worth,TX 76102 Tei:817.887.6130•myw.bge.com TEFE Reglstradon No.F-1046 a O _ 805 COMPASS CHURCH-N.FORT WORTH CAMPUS EXHIBIT "B" '+°° 5+00 DETENTION POND PLAN �g SCALE: JO 5182-00 OATS: SHEET 1 to MODIFIED RATIONAL METHOD Existing Runoff Coefficient U,241t 'j Proposed Rulo If Coefficient zO 5412` Area 27.SO _ IAcres Area 1045 Time o f C.m.tration 23 _ ,--Min. Time of Concetration 1 Your Runoff 1 1176 CFS S Year Runoff --_---- 2a 97--- .CFS 5 Year Runoff 1 2236 CFS 5YeaP Runoff 44.55 ius -_� IOU Year Runoff ' 37.40 CFS lOUVear Runoff 7a.7G CFS ' I_- tbrrr` 4J6 CFS Tables.15:Far anIForIYrRetunPedad;e=O.B217,b=43.653,d=8 Q,snpj_! 2236___ _ CFS County Rainfall i ForSY1 Return Period:e=0,8142,b=71.154,(I %jwnr.! 37.40 ps 10ala For JOU Yr RenonPcliod:e=U,//98,b=110.20Z d=14 Tm= 28.20 ----!Min. IFor lYrRenunPeriod:a=95.04,E=17A3 Table 1.11)Rainfall 35.01 Min. Far5YrRerurnPer led:a=170.01,b=19.44 Factors 4R3�Mkn, For 100 Yr Return Period:a-322,07,b-24.39 Fr LOB fin. P,m.,=� 1.17 -_--,in. �_- 2.955 in. Pros=__ Lal _ In, Plm._= P<moo= 3.28 In. Pn_- 5.44 In. 1R4M 05 lcu.Ft YH,a= ----JWC443 ICU'Ft Vrtn��m,rs=f 30239.91 I!CU.Ft Vv, . 49425.59 'Cu,Ft V,amm,Mcv=! 54d`•_20 ---fCu.Ft Yu,aa=- 904insl. 'Runoff coefficient back-calculated to result In Proposed 10OYear Runof f ='sine developed Proof(r Raider Detention Pond 100 Year release rate POND OUTFALL LEVEL SPREADER WEIR CALCULATIONS =59.36 Cfs,14.4 cis=73.76 cfs Weir Structures Rociangular Weir Highlighted *Runoff coefficient back-calculated to Great =Broad Depth(R) =0.14 result in 1CO year pond release rate [A] Bottom Length(ff) =276.00 Q(eta) =37.61 calculated below. Crop Len(R) =4,167 Total Depth(R) =1.03 Area(aqN) =38.57 Crest El.(R) =90719 Velocity(ft/S) m 0.93 Weir El.It. =801. Calculatiorle Top Width 01) =275.00 Q,,ea�4=4,.minus area that bypasses pond(6.1) Weir Coeff.Cw =2.60 4,.t„-19,83 cfs-4.38 Lis W.ir Type =Brv.d Compute by. Known Q i5.�l5-'GS mum-st.ge =No Known Q(da) =37.61 28.72 cis-6.19 cis STAGE-STORAGE-DISCHARGE TABLE 47.ef1 2a5 cis•10.10.20 cts r r ! 37A0 �CF5 r 0.00 - 807.25 0100 0100' 0.25 1,064 807.50 1.04 1.04i 0.50 5,760 807.75, 3.38 - 3.38, 0.75 13,68S 808.00 6.48 6.48: 1-YEAR 6 1.00 23,687 808.25 10.19 10.19 QPEM=12.79 cis 1.25 34,549 808.50 14.42 14,42 WSEL=808.48 it 150 46,272 808.75 19.11 19,11 5-YEAR 135 58,856 809.00 24,23 24.23 QaETa=2o,4o cis 2.00 72,106 809.25 29.73 29.73 WSEL=808.89 It 2.25 85,826 809.S0 35.59 35.59, 100-YEAR 2.50 100,015 809.75 41.80 41.80 QPgAK=3T61 cis WSEL=809.58 R 2.75 114,673 810.00 48.33 48.33 3.00 129,619 810.25 55.17 55.17 3.25 144,867 810150 62.31 62,31, at 3.50 160,615 810.75 69.73 69.73'' 9 3.75 176,863 811.00 77.42 77.42' 4.00 193,610 811.25 85.38 85.38 11.25 201,678 811.50 93.59 93.594 s RIP-RAP(GREGORY METHOD)CALCULATIONS € VICONR=3.94 cis YSTCHE=175lblcuft RI PRAP BEDDING YwnTER=62.4 lb/cuff GRACATIONS GRADATIMS B D,-0.09It e e BGE,Inc. 12 THICKNESS 6 THIM ESS 600 West 71h St.,Suite 1800,ion Wodh,TX 76102 z OF RIPRAP OF RMING Tel:817-8074130.www.bge.com PEg TBPE Regislra8on No.7-1046 SyyEMT SSIV � PERCENT EH PASSING a COMPASS CHURCH-N.FORT WORTH CAMPUS 151NCH 100 3 INCH too 12INCH 70-I00 FV2INCH 55-100 6 INCH 46-76 3/4INCH 25- eo EXHIBIT'BPI 6 INCH 30- 65 we INCH 5-30 3 ]NOi to-30 th4 0-l0 DETENTION POND CALCS Lie 1-1/2 INCH 0- to z i SCALE: JOB is DATE: SHEET w 5182-00 2 u� m� Cl) SVX31'Hi8OM'I3 5 z C5 L9Z AAAH sndViVO HiUOM IUO=l HIHON Hill , P I &� I I i I . HmmHO NVUSNHO SSVdNO:D t j A, N, A� > R �DD Tj- 112 aI?X M Ti Min -——————————— AU 1. CL LU CL AW1 ja A 0 Mall ulffioss-.,9� MURIft- go—a.311 H 111IMMI N. ep 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 1 0%. 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 8 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 9 Rev,11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.1111712016