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HomeMy WebLinkAboutContract 56656 Date Received: 11/15/2021 Permit No.: SWFMA-21-0041 Time Received: 2:36 pm City Secretary No.: 56656 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 5th day of Nov. 2021 , by and between Catholic Diocese of Fort Worth, acting by and through Monsignor E. James Hart, 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 0.86-acre tract located in the E. Sutherland Survey, Abstract 1438, Tarrant County, Texas according to the deed recorded in Volume 388-97, Page 4, 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 St. Andrew Catholic School Cafeteria Expansion and Child Development Center 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 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/17/2016 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 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 function, shall be noted in the inspection report along with the corrective actions to be taken. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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. 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.1 1/1 71201 B 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 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 PERFORM 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 [SIGNATURE PAGE FOLLOWS] Executed this 5th day of November 2021 CITY: LANDOWNER: DJ Harrell(Nov 5,202113:51 CDT) i DJ Harrell Monsi nor E. James Hart, Development Services Director Attorney-in-fact for Michael F. City of Fort Worth Olson, S.T.D. Bishop of the Catholic Diocese of Fort Worth Date: Nov 5,2021 Date: Approved as to Form and Legality: ch sta R Lonez-Reynolds Christa R.Lopez-Reynolds(Nov 5,202111:30 CDT) Christa Reynolds, Sr. Asst. City Attorney Contract Compliance Manager: City Attorney's Office By signing I acknowledge that I am the Date: Nov 5,2021 q�a�n��� person responsible pooh°FORT as for the monitoring and administration of o 00 d� this contract, including ATTEST: �o °g�'{dd ensuring all performance and reporting • 0 v° o_ requirements. C�T�o 0000000. °O°Ta l>Z rExpS.oA Evelyn Ro son behalf of(NovS,202111:58 CDT) Ronald P. Gonzales,Acting City Janie S. Morales, Planning Manager Secretary, City of Fort Worth Development Services Date: Nov 11,2021 Date: Nov 5,2021 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/1712016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on November 5,2021 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. ,�pRYPG JENNIFER L. EZERNACK Jennifer L. Digitally signed by Jennifer L. Notary Public Ezernack +®• STATE OF TEXAS Ezernack Date:2021.11.09 15:31:46-06'00' ey Notary I.D. 130561630 9�oF My Comm. Exp. Mar. 1,2024 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 3. P- day of No c:"e,>— P 20—1, personally appeared e v s Fa l; F ot Son TD. FPn � �l:c; 7aaR�e of �r �,1�A , known to m6 to b1b the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of F j"gs Hcc R=r _, and that he executed the same as its Owne/�'�'Kwol'eSen�`ait as the act of such C%esenf-a: v!n and for the purposes and consideration expressed in the foregoing instrument. THERESA SCHABOW 1PAY AL6 i a2;' =Notary Public. State of Texas Notary Public, State of Texas Comm. Expires 04-24-2022 Notary ID 129796121 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 EXHI BI T "A " STORM WATER DETENTION FACILITY POINT OF W. BUTLER STREET COMMENCING (50' WIDTH RIGHT—OF—WAY) FOUND 5/8" IRON ROD ASPHALT PAVING (CONTROL MONUMENT) NAD83 GRID N=6,938,648.54 E=2,319,098.62 BLOCK 2-R SAINT AUGUSTINE ADDITION VOLUME 388-97,PAGE 4 P.R.T.C.T. m ROMAN CATHOLIC DIOCESE OF FORT WORTH VOLUME S396,PAGE 608 N D.R.T.C.T. N �!� L11 L1L13 /�Oh �Ryc�0. L g 1 g L 14 ti S�$STD' L8 P L7 o s �6 POINT OF 3740 SQ.FT. i BEGINNING L5 .086 ACRE NAD83 GRID L4 6 N=6,938,506.64 E=2,318,962.40 O vYY/ o / D u 2 BLOCK 3 WINDSOR PLACE ADDITION VOLUME 388—C, PAGE 53 P.R.T.C.T. D 40' SCALE FEET t J ��(O 4D' NOTE: The basis of bearings for this survey is the Texas State Coordinate System, North Central Zone 4202, / based upon GPS measurements. Distances and areas FOUND 5/8- IRON ROD hereon are surface values. A combined scale factor (CONTROL MONUMENT) of 0.999880014 was used for this project. Z Y DUNAWAY A metes and bounds description of even date accompanies this drawing. 550BaileyAvenue•Suite400•Fort Worth,Texas76107 Tel:817.335.1121 PAGE 1 OF 3 DATE: SEPTEMBER 20, 2021 (TXREG.F-1114) DUNAWAY JOB NO. B003935.004 a EXHIBIT "A " STORM WATER DETENTION FACILITY LINE TABLE LINE NUMBER LINE BEARING LINE LENGTH L1 N49'05'32"W 10.03 L2 S40'S4'28"W 68.77 L3 N49'0S'32"W S5.02 L4 N40'S4'28"E S.13 4 LS N49'0S'32"W 9.SO N L6 N40'S4'28"E 24.55 L W LL L7 S49'OS'32"E 6.17 L8 N40'S4'28"E 7.12 v m L9 S49'0S'32"E 6.17 L10 N40'S4'28"E 14.23 L11 S49'0S'32"E 6.17 M L12 N40'S4'28"E 7.12 M s L13 S49'05'32"E 9.50 o L14 N40'54'28"E 10.63 2 a L15 S49-OS'32"E 36.52 a J LL Q N Q N N N Ul U1 n cn a 0 z Y DUNAWAY A metes and bounds description of a even date accompanies this drawing. 550BaileyAvenue•Suite400•Fort worth,Texas76107 Tel:817.335.1121 PAGE 2 OF 3 DATE: SEPTEMBER 20, 2021 (TXREG.F-1114) DUNAWAY JOB NO. B003935.004 a EXHIBIT "A " STORM WATER DETENTION FACILITY METES AND BOUNDS DESCRIPTION BEING a tract of land situated in the E. Sutherland Survey, Abstract No. 1438, City of Fort Worth, Tarrant County, Texas, being a part of the tract of land described as Tract 2 in the deed to Roman Catholic Diocese of Fort Worth recorded in Volume 5396, Page 608, Deed Records, Tarrant County, Texas and being part of Block 2—R, Saint Augustine Addition according to the plat recorded in Volume 388-97, Page 4, Plat Records, Tarrant County, Texas, said tract of land being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found in the south right—of—way line of West Butler Street (50' width right—of—way) for the northwest corner of said Block 2—R; THENCE with the easterly line of said Block 2—R South 40'54'28" West, a distance of 196.44; THENCE departing said easterly line and traversing through and across said Block 2—R the following courses and distances; North 49'05'32" West, a distance of 10.03 feet to the PONT OF BEGINNING; South 40'54'28" West, a distance of 68.77 feet; North 49'05'32" West, a distance of 55.02 feet; North 40'54'28" East, a distance of 5.13 feet; North 49'05'32" West, a distance of 9.50 feet; North 40'54'28" East, a distance of 24.55 feet; South 49'05'32" East, a distance of 6.17 feet; North 40'54'28" East, a distance of 7.12 feet; South 49'05'32" East, a distance of 6.17 feet; North 40'54'28" East, a distance of 14.23 feet; South 49'05'32" East, a distance of 6.17 feet; North 40'54'28" East, a distance of 7.12 feet; South 49'05'32" East, a distance of 9.50 feet; North 40'54'28" East, a distance of 10.63 feet; South 49'05'32" East, a distance of 36.52 feet to the POINT OF BEGINNING and containing a calculated area of 3,740 square feet or 0.086 acres of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. B003935.004 PAGE 3 OF 3 A drawing of even date accompanies EXHIBIT"A" this metes and bounds description. 0 F T S T••�F� STORM WATER DETENTION FACILITY e SEPTEMBER 20,2021 c':!� Fp• A PART OF BLOCK 2-11 GREGORY S. IFFLAND SAINT AUGUSTINE ADDITION ii� D U N AWA�/ •A 4351 ilii Pv1�• RECORDED IN VOLUME 388-97, 9•••�:Fess\o;•• o PAGE 4, PLAT RECORDS, TARRANT 550 Bailey Avenue•suite 400•Fort worth,Texas 76107 �'• • y COUNTY,TEXAS Tel:817.335.1121 FIRM REGISTRATION 10098100 Situated in the E. Sutherland Survey, Abstract No. 09-20-2021 1438, City of Fort Worth, Tarrant County, Texas. m m m a 5 t o = a nzxry i91 '. O _ ffit im 11 RIP,R F z F Sf y�!i �51�,. ;.���a ,•!1`[is FY'! i s 2 T U, MATCH LINE 'IdO AiIS2f3AINn RE LU 3NIl H:)JLVVU Eli I Z \V/ V 19- 17 67a luo- cj. 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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. The stormwater quality device shall be cleaned and cleared of all sediment shortly after project completion. Generally, a sump-vacuum truck is the most convenient method of removing the captured sediment and floatables from large underground structures. Floatables and oil should be removed in a separate procedure prior to the removal of accumulated sediment from the bottom of the underground storage chambers. The structural and functional integrity of the Facility shall be maintained at all times by following the manufacturer recommendations for maintaining the system. Flushing of the system by hose or other method that may move sediment to the downstream storm sewer system is unacceptable. Periodic silt removal shall occur when standing water conditions occur or the underground storage volume is reduced by more than 10%. This maintenance should be performed as needed based on inspection but is recommended annually. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. 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. 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. 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, silt, litter and debris removal dates. Document any replacement or maintenance of structures. • 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 1 Rev.3/20/2019 Exhibit "D" Stormwater Underground Detention Maintenance Checklist FREQUENT INSPECTION DATE REPAIRS REPAIRS NOTES REQUIRED MADE Remove trash and debris Inspect grates and structures Blocked, Clogged outlet Clean outlet, dispose structure of blockage offsite MINOR INSPECTION Accumulated Silt Remove by hand if Standing Water minor, use vacuum truck if necessary Oil is acumulated inside vault/piping MAJOR INSPECTION Structural damage to pipe, vault, access hatch, ladder Evidence of Tree root Cut and remove roots. intrusion Restore structural integrity of system Damaged Outlet Structure Repair or replace or Inlets any damaged structures in kind. Damaged Pavement, Replace pavement. noticable sinking Contact Engineer to access causes