HomeMy WebLinkAboutContract 59336Date Received: 5/8/2023
Time Received: 8:28 a.m.
Permit No.: SWFMA-22-0101
City Secretary No.: 59336
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of May
2023 , by and between Tarrant County Hospital District d/b/a JPS Health
Network, 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 tract
of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth,
Tarrant County, Texas and being a portion of Lots 1 & 2, Block R, Rosedale Addition,
according to the deeds recorded in Document No. D211306101, and Document No.
D202002463, 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 Transitional Parking and Contractor
Staging Area — Lot B, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
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 Stonnwater. 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, inlet and outlet structure, pond areas, access
roads, water quality device, 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 and such failure
continues for 30 days after written notice from the City to Landowner of such
failure, 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. In the event of any emergency, there
will be no such notice requirement and the City will have the right to enter
upon the Facility Property immediately to take whatever steps necessary
to correct deficiencies. 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.
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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
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 the 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.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
Executed this 8th
day of May
CITY OF FORT WORTH
L9ana HbILVk7 0j�C
Dana Burghdoff (Ma 1, 202312:01 CDT)
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: May 1, 2023
Approved as to Form and Legality:
'C we-K, -
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: May 1, 2023
� pF FORt�ad
ATTEST: ;�o °'9°0
�o
ago °sp
Jannette S. Goodall
City Secretary
Date: May 8, 2023
2023
LANDOWNER
Tarrant County Hospital District d/b/a
JPS Health Network
eA A
r.'Karen Duncan,
President & Chief Executive Officer,
CEO
Date:
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.
"&f\
Rebecca Diane Owen (May 1, 2023 11:35 CDT)
Rebecca Owen
Planning Manager
Date: May 1, 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 May 1st, 2023 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth:
O,�p.RYPLB/ BROOKE BONNELL
_ n Notary Public
* * STATE OF TEXAS
Ny�GGGGoFVVVV�+P Notary I.D. 134009525
My Comm. Exp. Oct. 11, 2026
LANDOWNER
STATE OF _� J VAS
COUNTY OFF,/'i-a4t,+
Digitally signed by Brooke
Brooke Bonnell Bonnell
Date: 2023.05.01 12:39:59-05'00'
Notary Public, State of Texas
_ BEFORE ME, the undersigned authority, a Notary Public ivnd for the State of
.s ! X'g6 , on this day personally appeared ` YN'4eA—
(name), ✓� �' Q �' C u) (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 I Et4-/
&�Zz5 �&—Jk ly�-�`fi.bYK (entity), a
Gc, -to' (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �.�t day
of , 20
Fi.
Suzanne Barnes Notary Public, StateNotary Public* STATE OF TEXASNotary ID #12417257-2 My Comm. Exp. 08/06/2026
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
PRIVATE DRAINAGE EASEMENT
BEING 0.276 acre of land situated in the FRANKLIN RICHARDS SURVEY, Abstract No. 1297,
City of Fort Worth, Tarrant County, Texas, and being a portion of Lots 1 and 2, Block R,
Rosedale Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat
recorded in Volume 32, Page 382, of the Plat Records of Tarrant County, Texas. Said 0.276
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a point lying N 31' 25' 54" W 59.68 feet, from a'/21' iron rod marked "Brittain &
Crawford" found at the Southeast corner of said Lot 2, Block R, Rosedale Addition, and the
Northeast corner of Lot 4-R, Block R, Rosedale Addition, to the City of Fort Worth, Tarrant
County, Texas, according to the plat recorded in Volume 388-202, Page 95, of the Plat Records
of Tarrant County, Texas;
THENCE severing said Lots 1 & 2, Block R, as follows
1. S 750 13' 43" W 35.20 feet, to a point;
2.
S 86' 43' 14" W
24.79 feet, to a point;
3.
N 830 30' 57" W
52.40 feet, to a point:
4.
N 610 19' 59" W
7.98 feet, to a point;
5.
N 24' 54' 17" W
43.60 feet, to a point;
6.
N 00' 31' 06" W
14.29 feet, to a point;
7.
N 89" 28' 54" E
17.07 feet, to a point at the beginning of a curve to the left;
8.
NORTHEASTERLY
6.30 feet, along said curve to the left, having a radius of
4.00 feet, a central angle of 90' 10' 46", and a chord bearing N 44' 23' 31° E 5.67
feet, to a point at
the end of said curve;
9.
N 000 41' 52" W
21.50 feet, to a point;
10.
N 890 18' 08" E
135.00 feet, to a point;
11.
S 00' 28' 47" E
51.09 feet, to a point;
12.
S 330 58' 16" W
35.51 feet, to the POINT OF BEGINNING containing 0.276 acre
(12,038 square feet) of land.
G:' ; ,'21EASEit,IENTS`F..•. ;I:,I,• AddiGnn, Lest 2, Rik R - Drai,-.,gc Esc,, xnt -0.276 A.A• .d,J,-
EXHIBIT "A"
F
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con
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E. MA.GNOLIA AVENUE
Course
Bearing
Distance
L1
S
75'13'43"
W
35.20'
L2
S
86'43'14"
W
24.79'
L3
N
83'30'57"
W
52.40'
L4
N
61'19'59"
W
7.98'
L5
N
24'54'17"
W
43.60'
L6
N
00'31'06"
W
14.29'
L7
N
89'28'54"
E
17.07'
L8
N
00'41'52"
W
21.50'
L9
N
89'18'08"
E
135.00'
L10
S
00'28'47"
E
51.09'
L11
S
33'58'16"
W
35.51'
(L7
PRIVATE
AINAGE EASEMENT0.276 ACRE
(12,038 SO. FT.) LOT 2, BLK. R
ROSEDALE ADDITION
34' OF VOL. 32, PG. 382
LK. R P.R.T.C.T.ADDITION 2 TARRANT COUNTY 306101 HOSPITAL DISTRICT 1C.T. CC'# D202002463 1v I
L3
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LOT 3—R, BLOCK R
i ROSEDALE ADDITION
VOL. 383-202, PG- 95
iP.R.T.C.T.
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1/2-IRON ROD MARKED
"BRITTAIN & CRAWFORD—
FOUND
LOT 4—R, BLOCK R
ROSEDALE ADDITION
VOL. 388-202, PG. 95
P.R.T.C.T.
Curve
Radius
Length
Delta
Chord
Chord Bear.
C1
4.00'
6.30'
90110'46"
5.67'
N 44'23'31" E
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BRITTAIN & CRAWFORD EXHIBIT MAP
LAND SURVEYING & OF o
TOPOGRAPHIC MAPPING y
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TEL (817) 926-021 I '7 6 ACRES O F LAND
FAX (817) 926-9347 LOCATED IN
P.O. BOX 11374 • 3908 SOUTH FREEWAY BLOCK R
FORT WORTH. TEXAS 76110
E"L' adrr+lnObriltan-crawford com
WEBSITE: www.britla-n-crowford-com ROSEDALE ADDITION
FIRM CERTIFICATION% 1019000 CITY OF FORT WORTH, TARRANT
2013 E1r%Ila;n & Crawford. LLC COUNTY, TEXAS SCALE 1"=40'
All Rgnls Reserved
(HGj PRr,-IcrT5\JPS-R..OSEDALE ADON\JPS- BLOC K-R- EASE MENT.dwq
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
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DETENTION CALCULATIONS
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CROSS SECTIONS F-F, G-G & H-Hr•-isa��
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev. 11 /17/2016
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
filtrations stem
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11 /17/2016
Berm or
Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of
Aeration Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT ) 0
Rev. 11 /17/2016