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
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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.
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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
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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
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L15 S49-OS'32"E 36.52
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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.
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION, MAINTENANCE & INSPECTION 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.
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