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HomeMy WebLinkAboutContract 57757 Date Received: 07/01/2022 Permit No.: SWFNIA-22-0049 Time Received: 3:59 pm City Secretary No.: 57757 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 30th day of June 2022, by and between Eagle View Church, Inc., a Texas non-profit corporation acting by and through Bart Howell, its duly authorized representative hereinafter referred to as "Landowner", 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 a tract of land situated in the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas, being a portion of the tract of land described in the deed to Eagle's View Church, Inc., recorded in County Clerk's Instrument No. D210303929, 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 Eagle's View 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 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 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 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.03/01/2022 BN 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.03/01/2022 BN 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 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.03/01/2022 BN 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 owner's association. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.03/01/2022 BN Executed this 30th day of June 2022 CITY: LANDOWNER: Eagle' View Church, Inc. ,�Il G�r�GG Dana Burghdoff(Jun 30,20 19 CDT Dana Burghdoff, Bart Howell Assistant City Manager Title: City of Fort Worth Date: o I,;2� Date: Jun 30, 2022 Approved as to Form and Legality: Matthew Murray Assistant City Attorney II City Attorney's Office Date: Jun 29, 2022 ATTEST: Contract Compliance Manager: J ette S.Goodall(Jul 1,202211:3 T) By signing I acknowledge that I am the Jannette Goodall, City Secretary person responsible City of Fort Worth XafOR),Q� for the monitoring and administration of o OF°°°°°°°°°�Lod� this contract, including Date: Jul 1, 2022 0 1.o °°�9��d ensuring all performance and reporting vo g=d requirements. 0 ° ° o o �� �an�4 Janie S. Morales, Planning Manager Development Services Date: Jun 29, 2022 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT Re".0310112022 BN CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on June 30, 2022 by Dana Burghdoff,Assistant City Manager of the City of Fort Worth,on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson Nguyen 1�9 BICH SON THI NGUYEN Nguyen Date:2022.07.01 03:54:29 Notary Public -05'00' STATE OF TEXAS NotMy Comary m.I.D. 133389224 3 i89322025 Notary Public, State of Texas STATE OF 2)((4 S § COUNTY OF ::E� rCo,k § BEFORE ME, the undersigned authority, a Notary Public in and for the State of l gxGt S , on this day personally appeared (name), �� P14�yx?_ (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of (_k ti 14C (entity), a nk ho) V uN, ocop,t (c)f 0a Lc b; (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of I� ,20 Notary Public, State of MMMBmY nCadi Lw Johnson 5ft ID N0.128 SOW OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.03/01/2022 BN FT. WORTH, TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.03/01/2022 BN EXHIBIT A VARIABLE WIDTH PERMANENT DRAINAGE FACILITY EASEMENT LOCATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being 12,266 square feet of land located in the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas, being a portion of the tract of land described in the deed to Eagle's View Church, Inc., recorded in County Clerk's Instrument No. D210303929, Deed Records, Tarrant County, Texas. Said 12,266 square feet of land being more particularly described as follows: BEGINNING at a point lying in said Eagle's View tract from which an "X" found in the north line of a 24 foot wide Public Access Easement, recorded in County Clerk's Instrument No. D216128573, Deed Records, Tarrant County, Texas bears S21°26'48"E 12.85 feet; THENCE N00°13'50"E, a distance of 66.51 feet to a point; THENCE N89°52'55"E, a distance of 163.33 feet to a point; THENCE easterly, 7.86 feet along a non tangent curve to the right, having a radius of 16.52 feet, a central angle of 27'16'03" and a chord bearing S76°28'12"E, 7.79 feet to a point lying in the west line of Lot 1, Block 1, Eagle's View Church Addition, an addition to the City of Fort Worth, Tarrant County, Texas; THENCE S00'06'00"E, along said west line, a distance of 74.83 feet to a point from which an "X" found in said north line bears S00°06'00"E 2.16 feet; THENCE westerly, 3.40 feet along a non tangent curve to the right, having a radius of 23.01 feet, a central angle of 08°27'34" and a chord bearing S89°07'03"W, 3.39 feet to a point; THENCE N86°38'27"W, a distance of 168.19 feet to the point of beginning, containing 0.282 acres (12,266 square feet) of land. The bearings recited hereon are oriented to NAD83 Texas North Central Zone. SEE 8-1/2"X1 V PLAT ATTACHED F Te K S. ES DICK S. JONES ..%............ • ......;•• REGISTERED PROFESSIONAL '-a 55 LAND SURVEYOR No. 5524 `'gyp..3UR� yO4� . 2 J �a- cr a Z O) oi o N N rn :w:•''•�O J a o No o W a Nn N O Q H f+ Z ~ v J! min'•OG -a-- w W O C z z •Y c c�O �n' �' 0gv 0, NNE °a J OQ d Q'J a. Q Q w C n i C L ; W N } L_ W nN W .O ` ~ a y �X C-) � x /W� a o� � � W ZOm W W °°� °° v Q O o d� 0 W a 0 O ~ w II Z c �° V, 00 II _ Q N � ^ Wa. mU C X 74.83' } 3 w � o 0) z L- M QZ MMIM �M z N �� MO La a U N Irj Q w ci ;V II J . zWe_' Q'01 (� afw QK mw Fa�� =aH pN Wo II O c)oIAZN o U O V w � yM d °' JWW� p� ~ co WF1 m W�WO WNW V"I w >- N QN I (n MCA yajp > � A Z J U� II ow: -W NU Lo Q — ^ ma U O z" U LO U N m I J 0. 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I I q P'l 1-p! ea .. .. .... . .-."w"M MH Hwh flin Hip M 012 1M. . ..... .. —H- M him unm MR I M V U.1 'a b .8 1'HO M.-UMMMM .. ..�-Hqa=4 SOO'06 WE 82338 ------------ --------------------- -- 4---------------------- -------- ------------- --- 17�1 -----------7— ;7j I----------- ---- L........... _j----- L....L-- ia ----- -----I ----- --------- \1----------------------- -------- ---- - -- ------- ---- m '75 tz Z3 I I _MJ a,-- kT2 4 24711 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 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. 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. © ;E k \o� > » 7 / > » � » ƒ Z k 'k \ Q cu � 0 m m m m m m m m m m m m m m m 0)@ y y t y y y y y y y y y y y y 7 p Z t E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E W » 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F > Q U U U U Q U U U U U U U U U k � Lu LL o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 � °cn Dw $ L / � \ fy_ 6 : / 0 0 \ e e e 7 � / 0 c k . 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