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HomeMy WebLinkAboutContract 55079 Date Received: 12/23/20 City Secretary Time Received: 1:51 PM Number: 55079 DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this 22nd day of December J 20 20 ., by and between Katie's Express Carwash, LLC acting by and through its duly authorized member, 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 77,536.80 square foot tract located in Lot 1 Block 1, Jospeh Martin Sun ey Abstract NO. 1017 , Fort Worth, Tarrant County, Texas according to the plat recorded in D203059908 Plat 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 Katie's Express Carwash. 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 Drainage Facilities be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that on-site Drainage Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/19/2020 JLE FT. WORTH, TX 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 Drainage 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 Drainage 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 Drainage Channel 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2 Rev.I Ill 9/2020 JLE 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. E. 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 HERESY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev.1 1 11 9/20 20 JLE EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL, AND (3) AND FAILURE OF THE CHANNEL 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 channel outlined on Exhibit "A' but this paragraph shall not preclude construction of other improvements within the drainage channel, 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4 Rev.1 Ill912020 JLE Executed this day of 20 CITY: LANDOWNER: AMLp CST) Dana BurghdofT, Asst. City Manager Robert Petrie, Member City of Fort Worth Katie's Express Carwash, LLC Date: 12/22/2020 Date: Approved as to Form and Legality: (,,2 Christa R.Lopez-Reynolds(Dec 21,2 01 ST) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: �,6,ab4ann� Al oo 0o. ATTEST: aF oo °o�'.�d �vo o o=d 0o*�4 (Dec �a o 000 a Contract Compliance Manager: �a�nnEXAS�°p Mary Kayser, City Secretary By signing I acknowledge that I am the City Secretary's Office person responsible for the monitoring and administration of Date: 12/22/2020 this contract, including ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: 12/21/2020 OFFICIAL RECORD CITY SECRETARY CRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev.1 1/19/2020 JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on December 22, 2020 by Dana Burghdof ,, Assistant City Manager of the City of Fork Worth, on behalf of the City Of Fort Worth. Digitally signed by LAURIE LAURIE PEQU ENO LEWIS PEQUENO LEWIS Date:2020.12.2214:02:41 149 LAURIE PEQUENO LEWIS -06'00' Notary Public STATE OF TEXAS Notary Public, State of Texas Notary I.D. 132278952 My Comm.Exp.Dec.10,2023 STATE OF TEXAS § COUNTY OF TARRANT § Before me, th undersigned authority on this day personally appeared r known to me to be the person whose name is subscribed to the foregoing instrument and ack owlre�dged o 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. ELIZABETH ALVAREZ Not blic, State of Texas Notary Pub#ic, State at Texas Comm, Expires 02-24-2021 N©tart' ID 1 2681 571 2 OFFICIAL RECORD CITY SECRETARY DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev,1111912020 JLE FT. WORTH, TX EXHIBIT "A" INSERT LEGAL DESCRIPTION DRAINAGE CHANNEL MAINTENANCE AGREEMENT 7 Rcv.11119/2020 JLE EXHIBIT "A" PERMANENT DRAINAGE FACILITY EASEMENT POND A PROPERTY DESCRIPTION BEING a tract of land situated Lot 1, Block 1, Joseph Martin Survey, Abstract No. 1017, an addition to the City of Fort Worth, Tarrant County, Texas as described by deed to Katie's Express Carwash., recorded in County Clerk's Document No. D211037002, Deed Records, Tarrant County, Texas, said tract of land bring more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found for corner in the north line of E. Rendon Crowley Road (Farm to Market Highway No. 1187), being the southwest corner of said 1.82 acre tract and the southeast corner of Lot 1R1, Block 1, South Freeway Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded as D212283012, Deed Records, Tarrant County, Texas; THENCE North 13°29'02" East a distance of 62.26 feet to the POINT OF BEGINNING; THENCE North 00°55'53" West a distance of 50.95 feet to a point for corner; THENCE North 87°25'21" East a distance of 126.37 feet to a point for corner; THENCE North 89°43'22" East a distance of 15.75 feet to a point for corner; THENCE South 00°06'19" West a distance of 22.63 feet to a point for corner and being in a curve to the right; THENCE in a southwesterly direction with said curve to the right having a central angle of 89°48'53", a radius of 2.50', an arc length 3.92 feet and a chord bearing of South 45°00'47" West and a chord distance of 3.53 feet to a point for corner and being in a curve to the left; y THENCE in a southwesterly direction with said curve to the left having a central angle of 52°13'10", a radius of 55.00', an arc length 50.13 feet and a chord bearing of South 64°17'08" West and a chord distance of 48.41 a feet to a point for corner and being in a curve to the right; U QJ THENCE in a southwesterly direction with said curve to the right having a central angle of 50°53'13", a radius of 49.50', an arc length 43.96 feet and a chord bearing of South 63°37'06" West and a chord distance of 42.53 a feet to a point for corner; THENCE South 89°03'42" West a distance of 28.37 feet to a point for corner and being in a curve to the right; V M s THENCE in a northwesterly direction with said curve to the right having a central angle of 34°06'54", a radius of 50.91', an arc length 30.31 feet and a chord bearing of North 72°53'31" West and a chord distance of 29.86 feet to the POINT OF BEGINNING; 23 Containing a computed area of 0.160 acres (6,984 square feet) of land. a 2 a c.7 x w LL d M M Q O O QJ U T a a EXHIBIT 'A' 'lq. DUNAWAY POND A LEGAL DESCRIPTION a 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 Tel:817.335.1121 Lot 1 Block 1 - Ka t i e s Ca rwa s h y } i'x ram.F"'ai PA GE 1 OF 5 0 a a i LU w �� w � I Q z JO w J om U 07 Ln r,�QQ U OQ � � I 0 U \� S 0 Qr I W un v z W U') ,� co o fz 0 LR L ~ ~ N w Z I — U z ° I w Um �" Z O o I m m � ,96.09 M,,£'S,SS.ON .9Z• ZO a--+ O N � Z N MLL or^ O ;yam v J � N-F I m C I m eo h Ln 6MP'VWlMS\VWlMS\sjeuiwgnS,qp 9\aDuapuodsajjoD\T00\b££9\00£900\OOObuoi;onpojd\: :H1Vd3lId Wd££:£:ltl 0?0? ST JagwaoaO'Aepsanl:NO zapuewaH ys01:X9 CALLOld EXHIBIT "A" PERMANENT DRAINAGE FACILITY EASEMENT POND C PROPERTY DESCRIPTION BEING a tract of land situated in Lot 1, Block 1, Joseph Martin Survey, Abstract No. 1017, an addition to the City of Fort Worth, Tarrant County, Texas as described by deed to Katie's Express Carwash., recorded in County Clerk's Document No. D211037002, Deed Records, Tarrant County, Texas, said tract of land bring more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found for corner in the north line of E. Rendon Crowley Road (Farm to Market Highway No. 1187), being the southwest corner of said 1.82 acre tract and the southeast corner of Lot 1R1, Block 1, South Freeway Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded as D212283012, Deed Records, Tarrant County, Texas; THENCE North 74°32'04" East a distance of 440.95 feet to the POINT OF BEGINNING; THENCE North 89°55'04" East a distance of 311.96 feet to a point for corner; THENCE South 00°21'43" East a distance of 81.21 feet to a point for corner and being in a curve to the right; THENCE in a southwesterly direction with said curve to the right having a central angle of 03°14'44", a radius of 1440.37', an arc length 81.59 feet and a chord bearing of South 80°02'10" West and a chord distance of 81.58 feet to a point for corner; 3 THENCE North 08°20'28" West a distance of 10.00 feet to a point for corner and being in a curve to the left; THENCE in a northeasterly direction with said curve to the left having a central angle of 47°00'57", a radius of 10.50', an arc length 8.62 feet and a chord bearing of North 16°41'02" East and a chord distance of 8.38 feet to a point for corner and being in a curve to the right; tj THENCE in a northeasterly direction with said curve to the right having a central angle of 102°04'00", a radius N of 4.53', an arc length 8.07 feet and a chord bearing of North 38°54'31" East and a chord distance of 7.04 a feet to a point for corner; U QJ THENCE South 89°53'41" East a distance of 12.92 feet to a point for corner; a a THENCE North 00°06'19" East a distance of 46.00 feet to a point for corner; THENCE North 89°53'41" West a distance of 15.50 feet to a point for corner and being in a curve to the right; V M s THENCE in a northwesterly direction with said curve to the right having a central angle of 90°00'00", a radius of 2.50', an arc length 3.93 feet and a chord bearing of North 44°53'41" West and a chord distance of 3.54 feet a to a point for corner; THENCE North 00°06'19" East a distance of 8.00 feet to a point for corner; a THENCE North 89°53'41" West a distance of 25.00 feet to a point for corner; THENCE South 00°06'19" West a distance of 8.00 feet to a point for corner and being in a curve to the right; w THENCE in a southwesterly direction with said curve to the right having a central angle of 90°00'00", a radius M of 2.50', an arc length 3.93 feet and a chord bearing of South 45°06'19" West and a chord distance of 3.54 M feet to a point for corner; THENCE North 89°53'41" West a distance of 79.00 feet to a point for corner; N THENCE North 00°06'19" East a distance of 10.55 feet to a point for corner; THENCE South 89°59'48" West a distance of 126.02 feet to a point for corner; THENCE North 00°00'40" West a distance of 14.73 feet to the POINT OF BEGINNING; z Containing a computed area of 0.243 acres (10,571 square feet) of land. EXHIBIT 'A' DUNAWAYPOND C LEGAL DESCRIPTION 0 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 m Tel:817.335.1121 Lot 1 Block 1 - Katies Carwash 5 a (TX REG.F-1114) 1 PAGE 3OF5 a a 0 ,lZ'l8 S w w LL Z w � J � o a r» U Ln � °a U~ 2 ^Fci z �o CO N s7 J a meo � 3 crf `1 u h 0 C7 z �o � $ rn N o J �^U U J w o IaWc 6J X N F0 I M � mg� O ^�Q M e N 2m I f6 �e L fz Q � Ln � pMCK = O x W u }' Zn o � � I uj a W N uj � Z O H � Z Z .P�!:f W I �� LJJ Fo ei map C Q c 11 6MP'VWlMS\VWlMS\sjeuiwgnS,qp\aDuapuodsaijoD\T00\b££9\00£900\000buo!IDnpoJd\:9:H1Vd3lId Wd££:£:ltl 0?9?SST jagwaoad'Aepsanl:NO zapuewaH ys01:X9 CALLOld cuu c ro 4- v, m, o W oo � � � Ln m o Ln Ln M 00 I_: M m L 0 U do Q.1 It o o tD m � o ^� o n n m N m L It LD LD n CO c-I m N (n V7 Z V) z Z Z N U to Ln H _ n' o� � i Lnn o P 0 o w l!1 � N 00 (Y) Lmn m � U 61 N O a n N O O 00 Lo Ln m ^� m m1 < L U o o m o L � Lqo6oLo Lr) Lnoo aw �, Q) N Ln Ln c-I CD LL- tj m C�iO N rn can m Ui Lu N 0 m m Jcyi o� � oM Lo oo co tri m = U G X a LU c _O rl N m Ln lD n 00 all i U U U U U U U U U LU m z -J4-J 0 J J--+ UA Ln N 00 O N w V) 00 m 00 O zt Iva Q� J c x Q to Q L Lu w �j LL W �j LL LU Nz Q,1 N Gl G1 pl Q1 O _ � N �--I ci � ci �t -t= J co It I m O m lD Lmn lD ILo LD O i0 cV J QJ p O N � O O p LU Q'1 pl pl 0`i Gl o 00 °O 00 c0 p0 O o0 O W O O O a U J Z Vn N Z N Z Z Z Z N Z Z _HIV O C � I N m a Ln LD � ao G� `--I r,4 r1 � � ID J J J J J J J J J J J J ttt Lo 6mp'VWdMS\VWdMS\sje}}iwgnS/qiD\aouapuodsalaoD\100\b£E9\0o£900\o00buoiaonpoad\:O:H1Vd3lId Wd 6£:£:1V OZOZ'ST aagwaoaO'lepsanl:NO zapueuaaH qso£:A9 431101d I WZ Z Q 11 W�OQ O~N I I N� 251 LLU U�O jQU� ion® Qa3o CN U w I 11 J tL r; 022Q _ RQ O �-- 2^ 1� p I , I I c V-" a o t ap 1�1 I I ?a\� Ln I U W W I 11I � Q L � i fz J J�O I - Ln O oZ3 I ��o I I, CI = C) I x e�W o I11 � w ~OQ V' JJ O m Quo Q�� I i I II v r-I 4-J ..;K Q 0 O� O~O� 1 J I I J z;z ozo 8 cl, 1 ,� 2M II ifl�® 0 12 Ln 1 1 c Q�2 2 H a 111 6MP'VWdMS\VWdMS\sled;iwgnS,(IiD\aDuopuodsajjo:)\T00\b££9\00£900\OOObuoiaDnpad\:9:H1Vd3IIA Wd b£:ZT:1V OZOZ'60 J9gw@Da4'AepsaupaM:NO zapuewaH ys01:X9 CALLOld d w N cn < LL < � U- QU- 0 , w Q � II � QJFo cn o I I I 1 r m q m I q r �I CY w 6 1 J I I 114 � Ln Z �3 '� m N N cV N u 11 I I I r J ` U 00 m I j I I � 1� J v o m U. 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Ln SS31U0.D-VSlWA', LMb W i ia�ax 3nwarean � 1 z� a 0 a 1=1 I III—III—I V= o w u m w - III z o W =1 Z m Ti Q� LU co ui w -III=11 - J J 0° Q 0 w1 I ul�li _,1� uQ o t LL a� m 3 11 7 w-6 "11 Eli Ea LL od oxwx z c�ry .�Fo W XCX rz �� NEW 6a4� J a om° M2 m 0 a a la h 6mp'VWlMS\VWdMS\sje;;iwgnS lqi0\aDuapuodsajjoD\T00\b££9\00£900\Oo9t uoi;Dnpojd\wa;sAs al3\4;jom8\\:H1tld]lId WV 8T:TT:1V 0?9?'bT jagw@DaO'AepuoW:NO ueuegDng upsu)l:X9 CALLOld Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL 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 MAINTENANCEANSPECTION • 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Reo.1 1 11 912 02 0 JLE Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Channel 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-Rap Condition of filtration system DRAINAGE GRANNEL MAINTENANCE AGREEMENT Rev-I111gi=0 JLE Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT R�v_1111912020 JLE 10