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HomeMy WebLinkAboutContract 59189Date Received: 4/4/2023 Time Received: 11:06 a.m. Permit No.: SWFMA-23-0011 City Secretary No.: 59189 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 4th day of April 20 23 , by and between Cavile Public Facility Corporation, 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 a tract located in the Daniel Dulaney Survey, Abstract No. 411, City of Fort Worth, Tarrant County, Texas according to the deed recorded in Document No. D215178577, 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 Cavile Place — Phase II — Hughes House, 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 Landowner, its successors and assigns, the location and dimensions of which is shown and OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX 1 Rev. 03/01/2022 BN 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 of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 03/01/2022 BN 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 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 03/01/2022 BN 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 boundaries of the Property in which the Facility is located as outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the boundaries of the Property in which the Facility is located, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such boundaries of the Property in which is Facility is located, 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 4th day of April 2023 CITY OF FORT WORTH LANDOWNER Cavile Public Facility Corporation a Texas nonprofit corporation oana BurciHdoff ' u i Dana Burghd off (Ap ,2023 10:51 CDT) Dana Burghdoff Mary- argaret LAnons Assistant City Manager Secretary/Treasui City of Fort Worth Date: March 30, 2023 Date: Apr 4, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Apr 3, 2023 Date: Rebecca Dian eeOwen(Apr 4, 202307:56 CDT) gp600anu �ORT Rebecca Owen o°'pdOd Planning Manager ATTEST: 0 0, Apr4 2023 Date: ' o°*� ��b44644 �J Jannette S. Goodall City Secretary Date: Apr 4, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on April 4th, 2023 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Brooke o�pRYP(ie/ BROOKE BONNELL Brooke Bonnell Notary Public Date: 2023.04.04 10:56:58 a + * STATE OF TEXAS-05'00' Notary I.D. 134009525 Notary Public, State of Texas My Comm. Exp. Oct. 11, 2026 LANDOWNER STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared Mary -Margaret Lemons (name), _Secretary/Treasurer (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 Cavile Public Facility Corporation (entity), a Texas public facility corporation (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SE�QEQFICEthis 30th day of March 2023 � �P0.Y PVB EVA C KEY N i Notary ID #10943269 My Commission Expires 'Tf OF+P August 15, 2025 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN LEGAL DESCRIPTION BEING a 7,459 square foot (0.1712 acre) tract of land situated in the Daniel Dulaney Survey, Abstract No. 411, City of Fort Worth, Tarrant County, Texas, and being part of a called 1.879 acre tract of land (Tract 2) described in Special Warranty Deed to Cavile Public Facility Corporation, a Texas nonprofit corporation, recorded in Instrument No. D215178577, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found for the southeast corner of said Tract 2, and being at the intersection of the west right-of-way line of Etta Street, a 50-foot right-of-way, and the north right-of-way line of Avenue G, a 50-foot right-of-way; THENCE South 890 41'00" West, along the south line of said Tract 2, and along the said north right-of-way line, a distance of 193.05 feet to a point for corner, from which a 1/2-inch iron rod with cap stamped "MOAK SURVEYING" found for the southwest corner of said Tract 2, bears South 89°41'00" West, a distance of 81.48 feet; THENCE North 00°00'00" East, departing the said south line and the said north right-of-way line, a distance of 126.50 feet to a point for corner; THENCE North 90'00'00" East, a distance of 47.00 feet to a point for corner; THENCE South 00°00'00" East, a distance of 116.24 feet to a point for corner; THENCE North 89°41'00" East, a distance of 134.84 feet to a point for corner; THENCE North 45°00'00" East, a distance of 15.47 feet to a point for corner in the east line of said Tract 2, and being in the aforementioned west right-of-way line of Etta Street; THENCE South 00°43'59" East, along the said east line and along the said west right-of-way line, a distance of 20.88 feet to the POINT OF BEGINNING and containing 7,459 square feet or 0.1712 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the agreement tract. JOSHUA D. WARGO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 801 CHERRY STREET UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 josh.wargo@kimley-horn.com STORM WATER FACILITY MAINTENANCE AGREEMENT DANIEL DULANEY SURVEY ABSTRACT NO. 411 CITY OF FORT WORTH TARRANT COUNTY, TEXAS NORTH 1 0 25 50 TRACT 2 I CAVILE PUBLIC FACILITY GRAPHIC SCALE IN FEET CORPORATION (INST. NO. D2151785771 C) oo Q o � L1 0.1712 ACRES W U- 0 o N 7,459 SQ. FT. w m �aOfZ Lq �- W O (o W z v QU ~ W ,- O 0 o LLI o CD 0 0 ° o 111 "' I Q I z 0 0 0 U) 1MOAK SURVEYING" N89°41'00"E 134.84' J S89°41'00"W 81.48' — — — — S89°41'00"W 193.05' 5/8" IRF AVENUE G R P. O A 50-FOOT WIDE RIGHT-OF-WAY • v LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRF = IRON ROD FOUND NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the agreement tract. STORM WATER FACILITY MAINTENANCE AGREEMENT DANIEL DULANEY SURVEY y� / OF ABSTRACT NO. 411 1,� �+/ JOSHUA D. WARGO .TF �P ••�G1ST••�q .' CITY OF FORT WORTH *;, TARRANT COUNTY, TEXAS REGISTERED PROFESSIONAL ......................... LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 801 CHERRY STREET � •��•• ••••• .••••.•.•••• ���•....................... UNIT 11 SUITE 1300 6391 - „. =:°p0 �2;•� - '-•-. Kimle >>> Horn FORT WORTH, TEXAS 76102 9 F E S S\�..� 0 N� Ey 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-hom.com PH. 817-335-6511 S U R Scale Dram by Checked by Date Proiect No. Sheet No. josh.wargo@kimley-horn.com 1.,=50' DMD JDW 3/15/2023 061310302 20F2 LINE TABLE NO. BEARING LENGTH L1 N90°00'00"E 47.00' L2 N45°00'00"E 15.47' LL3 S00°43'59"E 20.88' WARGO. JOSH 3/15/2023 9:22 AM K:\FTW—SURVEY\061310302-CAVILE PHASE 2\DWG\061310302-CAVILE PHASE 2_SWFMA.DWG EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS svx31'urvno3iadaavi � G VLLaoM laod j0 ul� O (Z d0 Z) NVId ONKNUS c r UJOH�<<l�alt�11� 3snOH S3HE)nH a g�p�b ����: € Eb•53 g € $RE a el a o a°�$° §€a= »1 1s1H j4 s k $ is$y�� a o � gGg�ik3 Gas�$r�o w ek u $$�� i I' ';yda s` 8 Y $ ad�gggg; Yew • €b 3 y 6 $H 'r_§ Eg Ry • • i m lgik. 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OQ NKW LLO me z o Qo WW N� w0LL On Q�(9U Qr F rOz,00 aga'o zW �� NW f6W OF �o LL Wa y�No W C) LL U yr W S N S I�I Wpdp w a S Wd W W S aa LL S J Z N N r z r ? r Q al r Q d r < O Z z r w w oZ)= O = �w0 c M _0 LL k 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. 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev. 03/01/2022 BN Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip -Rap Condition of filtration system STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev. 03/01/2022 BN