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HomeMy WebLinkAboutContract 57142 Date Received: 02/18/2022 Permit No.: SWFMA-22-0012 Time Received: 4:09 pm City Secretary No.: 57142 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day 18th of February 20 22 , by and between D.R. Horton - Texas, Ltd., hereinafter referred to as "Landowner", the Keller Crossing Residential Community, Inc., hereinafter referred to as "Association" and the City of Fort Worth, hereinafter referred to as"City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 44.131-acre tract located in the William Huff Survey, Abstract 649, Tarrant County, Texas according to the special warranty deed recorded as County Clerk's File No. D219227742 of the 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 Keller Crossing Phase 1 hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner and Association, 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 FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.11/19/2020 JLE 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, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit"A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. 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 and Association, 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 and Association, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE inspection shall cover the entire Facilities, 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 and Association, 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 and the Association, 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 and the Association, 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 or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association 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 and Association 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 100year 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of D.R. Horton - Texas, Ltd. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by D.R. Horton -Texas, Ltd. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of D.R. Horton - Texas, Ltd. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. [REMAINDER OF THIS PAGE TO REMAIN BLANK] STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/19/2020 JLE Executed this 18th day of February 20 22 CITY: Wame: WNER: DJ Harrell(Feb18,202213:50 CST) DJ Harrell, ark Development Services Director Title: VP of Land Acquisition and City of Fort Worth Development Date: Feb 18,2022 Date: 2Zr1/-t"ZZ Approved as to Form and Legality: ASS TION Thomas Royce Hansen, Name: Ben Clark Assistant City Attorney Title: Director City Attorney's Office Date: Feb 17,2022 Date: a4 FonT ATTEST: A Oio°°°°°°°°°�oa� P� ��•1 Contract Compliance Manager: By signing I acknowledge that I am the �° 0 S Tgnnette S. Goo�%ll �C�g =d Jannette S.Goodall(Feb 18,2022 15:49 CST) 0 o o°* person responsible Jannette Goodall, �� °° °°°°°°°° c;' for the monitoring and administration of City Secretary ��tt TEXX'. this contract, including ensuring all performance and reporting City of Fort Worth g P P g requirements. Date. Feb 18,2022 Janie S. Morales, Planning Manager Development Services Date: Feb 17,2022 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/19/2020 JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Feb. 18, 2022 by DJ Harrell,Director of Development Services of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed by o,�p.RYP�e/ BICH SON THI NGUYEN Bichson Nguyen _ Notary Public Nguyen Date:2022.02.18 + • STATE OF TEXAS 14:40:02-06'00' Notary I.D. 133389224 T9TFOF My Comm.Exp.Oct. 13,2025 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this _A j_ day of ' VWV" _, 2022,personally appeared Ben Clark,known to me to be the person whose narAc is subscribed to the foregoing instrument and acknowledged to me that the same is the act of D.R. Horton—Tx,Ltd.,_ and that he executed the same as its VP of Land Acquisitions and Development and as the act of such and for the purposes and consideration expressed in the foregoing instrument. EKE] Expires Notary Public State of Texas 23 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Z UZ Z by,Ben Clark, authorized representative, acting on behalf of the Keller rossinj Residential Community, Inc. Homeowners Association. t Y.. Katie Sabin o My Commission Expires Notary Public, State of Texas r 11/27/2022 ID No 130023623 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/17/2016 Exhibit A Paee I of 5 Description of a S W FN'IA Area BEING a tract of land situated in the William Huff Survey, Abstract Number 649, City of Fort Worth, Tarrant County,Texas,being a portion of that tract of land described by deed to D.R. Horton-Texas, LTD. Recorded in Instrument Number D2I 9227742,County Records,Tarrant County, Texas and being snore particularly described by metes and bounds as follows: COMMENCING at a PF Nail found at the southwest corner of said D.R. Horton-Texas tract, being in the approximate center line of Feller Hicks Road(a variable width right-of-way,County Road 4033); THENCE N 89044'18"E, 734.98 feet, with the south line of said D.R. Horton-Texas tract and with said approximate centerline, from which a PK nail found at the southeast comer of said D.R. Horton-Texas tract bears N 891144'18", 1110.91 feet; THENCE N 00"15'42"W,210.00 feet,departing said common line over and across said D.R.Horton- Texas tract to the POINT OF BEGINNING; THENCE N 01°59'16"E, 5.01 feet; THENCE N 12033'40"E, 114.51 feet; THENCE N 08°48'30"W,46.13 feet; THENCE N 130 I4'22"E, 82.75 feet; THENCE N 65004'43"E,52.16 feet, to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left,an arc distance of 10.24 feet,through a central angle of 11'44'18", having a radius of 50.00 feet,the long chord which bears S 30°47'26"E, 10.23 feet; THENCE N 89°44'18"E,47.56 feet; THENCE S 40040'36"E,20.77 feet; THENCE S 19°20'26"E, 9.41 feet; THENCE N 89044'18"E, 131.15 feet: THENCE S 00015'42"E,231.00 feet; THENCE S 89044'18"W,285.92 feet to the Point of Beginning and containing 64,392 square feet or 1.478 acres of land more or less. "I ntegm]parts of'this document., 1.Description I Exhibit POoton Job No.DRH19003 Tracking No.an Frw November 24,z020 G:LtOWDRH190[13_KELLER_tUCKSIMASTER DEV-SURVEY1EASEMENTSNLEGALSNDRH19003_EA9.DOCX Page 1 of k Exhibit A Basis of Bearing is the Texas Coordinate Sy sten page2of5 � !North Central Zone 4202, NAB 83 LA M 0 Sao 200 GRAPHIC SCALE IN FEET -4 rot�� o ''Inte arts of this doournent" .4 pb� ❑ 11 44' 18" 9 j, Description R = 50.00' 2. Exhibit L 10.24' LC- S300 47' 26"E 10.23` N890 44'18"E n� SR�in95 47,56' W4°d1n 785 N650 04'43"E S190 20'26"E Willa9 Cab , TA,SIi�cT 52.16' 9 41' C.R• N890 4411811E za 131.15' N130 14'22"E S40° 40'36"E 0 4 82.75' 20.77' ej I N080 48'30"W O I 46.13' I 1,478 Acres - cV 1 N120 33'40"E L 114.51' — N 010 59'16"E o 5.01' Ln c� I Point of S890 44'18"W 285.92' I I Beginning Q I �14 I C14D.R. Horton-Text`s, LTD. 1 Z; f Inst."" ❑219227742 a I C.R.T.C.T. I LO 15•Woler Easenwl I W-1 ° ost• ❑210029266 1 __ Point of o cR.r.c.T. I Commencing ------ ------------------------------------------ I Ili n PK Nall— — N$9°44'18_E u7 N89° 44'18"E 734.98' — PfC Nall 00 Feller Hicks Road Ale.F (a variable width rlom-ar`-way) cj'� QIS Tie ICounry Road 4033) TODD A.BRlDG c a tip 4940 ?� Exhibit of a =_ SWFMA Area PE LOTO N Situated in the William Huff Survey, Abstract Number 649, lLAND SOLUTIONS City of Fort Worth, Tarrant County, Texas- 9W WORTH, TE6a PA 1.77-P SUITE 25U j()B#DRH19003 DRAWN BY: D.Freeman CHECKED BY:T.Bridges DATE: 11-20-20 PAGE# 1 of 1 FORT 800 HILL, DOD AN( Y.S 817.582.3350 g G 1JDe� RM19pp3_Keller_H�cks�M�sler bey\-Sur _ A9.6gn Delnult 11/24/2020 929:26 NA Exhibit A Page 3 of 5 DESCRIPTION OF A SWFMA AREA BEING a tract of land situated in the William Huff Survey, Abstract Number 649, City of Fort Worth, Tarrant County,Texas and being a portion of that certain tract of land described by deed to D.R. Horton-Texas, Ltd., recorded in Instrument Number D219227742, County Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Peloton" found at the northwest corner of said D.R. Horton-Texas tract in the south line of Block 1,Newton Addition, an addition to Tarrant County, Texas,according to the plat recorded in Cabinet A, Slide 1571, said County Records; THENCE N 89044'19"E, 1289.11 feet, along the common line of said D.R. Horton tract and said Newton Addition, to the most northerly northeast corner of said D.R. Horton tract and the northwest corner of a tract of land described by deed to Brazos Electric Power Cooperative, Inc., recorded in Volume 13962, Page 185, said County Records, from which a 5/8 inch iron rod with plastic cap stamped `SWC' found bears S 33°34'37"W, 0.40 feet; THENCE S 00014'36"E, 122.99 feet, with the common line of said D.R. Horton and Brazos Electric tracts; THENCE S 89045'24"W, 50.02 feet,departing said common line; THENCE N 76°05'35"W, 190.31 feet; THENCE N 89004'51"W, 380.01 feet; THENCE S 00055'09"W, 110.00 feet; THENCE N 89004'51"W, 146.80 feet; THENCE N 00055'09"E, 110.00 feet; THENCE N 89004'51"W, 198.64 feet; THENCE N 85050'41"W, I48.61 feet; THENCE S 89044'19"W, 119.94 feet; THENCE S 44050'21"W, 86.56 feet, to a 518 inch iron rod with plastic cap stamped"Peloton" found at a reentrant corner in the west line of said D.R. Horton tract and the southeast corner of Lot 14, Block 23, Villages of Woodland Springs, an addition to the City of Fort Worth, Tarrant County,Texas, according to the plat recorded in Cabinet A, Slide 6171, said County Records; Peloton Job No.DRH t 9003 Tmking No.NIA N•FTW Aprit 06,2021 G:VOBIDR]il9003_KELLER_HICKSIMASTER DEVI_SURVEY\EASEMENTS\LEGALSIDRH19003_EAl1.DOCX Page t oF3 Exhibit A Page 4 of 5 THENCE N 00009'54"W, 111.10 feet, along the common tine of said D.R. Horton tract and said Lot 14, to the Paint of Beginning and containing 109,863 square feet or 2.522 acres of land more or less. "Integral parts of this document" 1. Description 2.Exhibit Peloton Job No.DRE 19003 Tracking No.NIA N-FTW April 06,2021 G:\JQB1DRH19003_KELLER_HICKS\MASTER f3EV1_SURVEYIEASEMENTSILEGALSIDRH]9003_EA11.DGCX Page 2 of 3 g � I •— n� to c� i ,�` —- ? I , Hickory Circle a u � N N LO Texas Power & Light Esmt. ro a m �. Vol.5166.Pg-67 w a i C.R.T,C.T�— m —.�. � ,.—.� .�-- a o T N Tp / O (� to co o rn m• rti• o 0 z CL n sue. x O o CD ro c, CL Z + z ,rna 9 �•� � o Q, 4t �S a _ V` Z C 6 G _ oN E D C7 N f rl + 1 m o�v cn X v hum o En m� � c M � I o r' y 00 I rD `" Y � Q aCu Gell R N S� �4 l ¢ to G Q 1 00 "w c °' t° i*4 „ E p Co n 77 A m• r— mrmmmmmm ; A ❑ ��0 �p b3}� cD m ,1MLrt t. wNi ) ' Cn: Vn cnzzzcncnzm off' t'? n awQ00 mQCop0 p -rwLna LDawcQpa 0 0 o o. n Lf•1 p iS-i � p —. ..... 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O IT it 703 If I w I- w - — — —N °o 1 r wT w w III) �I I glop I I ro fll m ml� I Y W s �I I off: r-r r H „ o ; e is /aY aa. _ w r lL — 1 I oI J Hg9�se fJ at M,�� o � I I o IIII o _Po II I N'Pl P / y b to �No —Tcxv�ro,o1.1 m - \ I I 71 lo Ar 42 I � v f j li liI A h ,8E D m m DyA O owA°�mfD Z aE Q o o -- — - - s'o - y D O xr m x X m m m < a m mig KELLER CROSSIN(,,PHASE 1,— -- - - -- -------- '—S 1� TC z Vj A of � T TI 11,1 TI-1 T-11.1 TI 711 —T-7171 TI 7— T"�11 T' T-11.1 7-1 711 1 1-1 A m �ii > -p ml -7-P 51 0 > 6� �LL 4�—I H., 11.1 7— —IJ t 711.1 —7 PHASE2 co 7-,D,m, 70 P> > 7 < cn 7 P zz < 4, T- z z -A -H z M2 c < z z 71, > > z < z I <> IT > .m�7 NELLER CROSSING,PHASE 2,-- --- _J, �� , �J,o m�� o J,P � I �� ol� I I�II 1 � �I �II �I,e I � �� ��� � I � 111 I,III W o� I � m� ol �� PHASE 2 PHAS I �< v N }wN I ifl I - J sr �71a� li � T'T -7 T-1 I TI-1 p -lal 7.1 T'ME.1 -1 7, T17111 T1717.1 T-ll.� - -17h II - 71.51 I m 0- - -M '716 2 7111 711. 7- m2. 1711.1 TAII.� TIT111 7171-1 T-1 HI 0 7 } }' I �-d O --23 rr 0". p co D,M, o 7u �2 P> > Mm M-' > z 4, T o o c 1 �7711 M M ' M m 75 < <M > s zp a _' M�> > >> M= NELLER CROSSING,PHASE I- Exhibit B i / L _ , 1 i 1 r— s I I is r zo v � U — T-- a6 1 a 7T -FTMFL'1 07 1 rt N, ,I tr 1 p 1 I� 1< 1 — AROAD �AASZD� 1� o y 0 �3 may m3 rmi3o�FCm - - EO T�yy°41� N zOz Aim Oo�ND�g ti Lo Dm n / I I m o - o O IT m �a. D N 1 /T I l II t r A4VMMMO = O '" m � fTI A 1 z T A C7 X A T m ITl , 29 O O D --I Z - p v - Z _ • _ c Ap os O O 1 Rz" D # Z m Z D ?I vyo m ° m m ° KELLER CROSSING,PHASE 1,-- --- Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN FOR WET POND BLOCK 3, LOT 1X 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 the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond 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. 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. Maintenance of Public and Private Storm Lines Private storm drain lines as identified on the construction plans shall be the landowner and association, its successors and assigns identified in the storm water facility maintenance agreement. In order to provide for maintenance of public storm drain lines adjacent to ponds or City requested dewatering of pond, the pond water surface elevation will be drawn down below the storm drain pipe flow line elevation at the pond outfall by the landowner and association, its successors and assigns. The landowner and association, its successors and assigns shall be provided notice 72 hours in advance of the intended maintenance and will be required within to draw down the pond to a level suitable to allow the City, its authorized agents and employees, the ability to access, clean, and flush public storm drain lines. In the event the landowner and association, its successors and assigns fail to draw down the pond water surface elevation to a suitable elevation at the time of the prescribed maintenance or in the event of an emergency, the City, its authorized agents and employees, may enter upon the STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.11/17/2016 facility property and take whatever steps necessary to draw the pond water surface elevation and maintain the public storm drain lines and to charge the costs of such activities to the landowner, its successors and assigns. The City is not responsible for raising the water surface elevation in the pond after maintenance. 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. • 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 2 Rev.11/17/2016 Exhibit "D" Stormwater 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 Pond Overflow Weir is unobstructed Location of Erosion Water Level relative to Overflow Evidence of animal activity MAJOR INSPECTIONS Condition of Rip- Rap Location of erosion Condition of Aeration Foundation Pipes discharging into pond are free of debris and silt Oil sheen on the pond surface STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN FOR NORTH CHANNEL BLOCK 1, LOT 27X, 36X, & 41X 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. Silt shall be removed and the channel returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a channel 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 channel. Disposal shall be in accordance with federal, state and local regulations. Channel 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 channel system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the channel 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.11/17/2016 Exhibit "D" Stormwater 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 Channel Amount of wetland vegetation Location of Erosion Percent of ve etation MAJOR INSPECTIONS Condition of Retaining Wall Structure type and Condition Condition of Rip- Rap Location of erosion Evidence of Animals STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016