Loading...
HomeMy WebLinkAboutContract 63135Date Received: 4/21/2025 Time Received: 8.02 a.m. Permit No.: SWFMA-24-0114 City Secretary No.: 63135 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 21st day of Ap rl 2025, by and between Milestone Church - Haslet, 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 a tract of land situated in the James Rightly Survey, Abstract No. 1268, Tarrant County, Texas according to the deed recorded in Document No. D225014363 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 Milestone Church - Haslet 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 STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev. 03/01/2022 BN FT. WORTH, TX 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 finds 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 FACILITY 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 21St day of Ap rl t CITY OF FORT WORTH C�)� Jesica McEachern Assistant City Manager City of Fort Worth Date: Apr 1812025 Approved as to Form and Legality: Matthew Murray Senior Assistant City Attorney City of Fort Worth Date: Apr 8, 2025 p o�onan FORT�a�d ATTEST: /(n��\/���'-+°o o ° � ��s apnb nezA54p Jannette S. Goodall City Secretary Date: Apr 21, 2025 2025 LANDOWNER Milesto�e C i HaAet a Texas no► o ►t orn ► t►on By: Vfrey L. Pelletier Titl • Exr cutive Pastor Date: 2 • l 3 � Z� Cont►•act 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. kalv(lce Men-1Ck Kand ice Merrick (Apr S, 202516:12 CDT) Kandice Merrick Planning Manager Date: Apr 8, 2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT rJ Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument Nvas acknowledged before me on April 18th, 2025 by Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. «a Pia KATHLEEN BRADFORD Notary Public ® * STATE OF TEXAS 9�oF�+P Notary I.D. 12197197 My Comm. Fxp. Apr. 12, 2027 . . . . . . . . . . . . . . LANDOWNER STATE OF TEXAS COUNTY OF-rNP-YZAt,I -F Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of X.AS , on this day personally appeared Jeffrey L. Pelletier, Executive Pastor, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sane for the purposes and consideration therein expressed, as the act and deed of Milestone Church, a Texas nonprofit corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day Of FE(32uj<,," >20_2.S Notary Public, State o'fn' T S TRISTIN ALEXIS MAY N=Notary Public, State of Texas Comm. Expires 03-13.2028 Notary ID 132404557 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 EIN EXHIBIT "A" LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN LEGAL DESCRIPTION 1.493 ACRES Being all that certain lot, tract or parcel of land situated in the James Rightly Survey, Abstract Number 1268, City of Fort Worth, Tarrant County, Texas, and being part of that certain called 21.314 acre tract of land described in deed in favor of Milestone Church recorded in Document Number D224066037 of the Official Public Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a magnetic nail found in Willow Springs Road, a public roadway (no record found) at the northwest corner of said 21.314 acre tract, being the most westerly southwest corner of Lot 1R, Block 1 of Willow Springs Storage Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D223047030 of the Official Public Records of Tarrant County, Texas, and being the southwest corner of that certain "R.O.W. Dedication" as evidenced by said Willow Springs Addition plat; THENCE N 89°23'57" E, with the north line of said 21.314 acre tract and the south line of said Lot 1R, passing at 35.0 feet the southeast corner of said "R.O.W. Dedication", continuing a total distance of 90.95 feet; THENCE S 00°36'03" E, 5.00 feet to the POINT OF BEGINNING; THENCE N 89°23'57" E, 96.00 feet, 5 feet from at right angles to and parallel with the north line of said 21.314 acre tract and the south line of said Lot 111 to the beginning of a curve to the right; THENCE with the arc of said curve to the right having a radius of 32.00 feet, a central angle of 87°36'04" and an arc length of 48.93 feet whose chord bears S 46°48'02" E, 44.30 feet to a point of tangency; THENCE S 03°00'00" E, 81.00 feet; THENCE S 55°00'00" E, 40.00 feet; THENCE S 80°00'00" E, 105.00 feet; THENCE S 83°00'00" E, 90.00 feet; THENCE South, 11.79 feet; THENCE S 83°00'00" W, 195.04 feet; THENCE S 40°00'00" W, 36.00 feet; THENCE S 22°00'00" W, 32.00 feet; THENCE S 02°00'00" W, 45.00 feet to the beginning of a curve to the right; THENCE with the arc of said curve to the right having a radius of 32.00 feet, a central angle of 87°23'57" and an arc length of 48.81 feet whose chord bears S 45°41'58" W, 44.22 feet to a point of tangency; THENCE S 89°23'57" W, 93.00 feet to the beginning of a curve to the right; THENCE with the arc of said curve to the right having a radius of 32.00 feet, a central angle of 90'04'50" and an arc length of 50.31 feet whose chord bears N 45°33'38" W, 45.29 feet to a point of tangency that is 59 feet at right angles to the west line of said 21.314 acre tract; THENCE N 00°31'13" W, 176.50 feet, 59 feet from at right angles to and parallel with the west line of said 21.314 acre tract; THENCE S 89°28'47" W, 11.00 feet; THENCE N 00°31'13" W, 71.00 feet, 48 feet from at right angles to and parallel with the west line of said 21.314 acre tract; THENCE S 89°28'47" W, 32.00 feet; THENCE N 00°31'13" W, 32.00 feet, 16 feet from at right angles to and parallel with the west line of said 21.314 acre tract; THENCE N 89°28'47" E, 45.14 feet to the beginning of a non -tangent curve to the right; THENCE with the arc of said curve to the right having a radius of 32.00 feet, a central angle of 68°51'27" and an arc length of 38.46 feet whose chord bears N 54°58'13" E, 36.18 feet to the POINT OF BEGINNING and containing approximately 1.493 acres of land. Fieldwork completed on April 12, 2024. Bearings based on Texas Coordinate System, North Central Zone (4202), NAD 83. 1 I R=32.00' LOT 1R, BLOCK 1 A=68'52'25" WILLOW SPRINGS ADDITION L-38.47'—�- D223047030 LC=N 54'57'44" E, 36.1 T' R= S 00'36'03" E A=87'3636'04" 5.00' L2 L=48.93' PO,C L1 rLC=S 46'48'02" E, 44.30' MAG NAIL I / F(JND L4� � 5' N 00'31'13" W 4 32.00' --r 16' 'O S 03'00'00" E L3 Y �81.00' 41 S 89'28'47" W S 55'00'00" E 11.00' /-40.00' N 00'31'13" W I I S 8000,00" 71.00' N.-I 10`0r E S 83'00'00" E STORM WATER �� 90.00' SOUTH I cdI FACILITY MAINTENANCE 111.79' AGREEMENT w 119 I3 1.493 AC. S 83'00'00" MI I S 40'00'00" W SRP HASLETT LLC of 36.00' D221197669 I Z S 22'00'00" W I 59' r 32.00' °'00" W 45 00 ZI = I l S 89'23 57" W 93.00, R=32.00' aRE V� z R=32.00' A�7'23'57" L=48.81' 3 $ I I(A--90*04'50" LC=S 45'41'58" W, 44.22' O L=50.31' II LC=N 45'33'38" W, 45.29' 20' PERMAWNT EASEMENT FOR WATER MAIN V. 16581, P. 183 I L E G E N D P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT NOTES: 1. Bearings based on Texas Coordinate System, North Central Zone (4202), NAD '83. 2. Surveyor has made no investigation or Independent search for easements of record, encumbrances, restrictive covenants, ownership title evidence, or any other facts that an accurate abstract of title may disclose. CALLED 21.314 ACRES MILESTONE CHURCH LLC D224066037 LINE LINE TABLE BEARING DISTANCE L1 N 89'23'57" E 90.95' 1-2 N 89'23'57" E 96.00' L3 S 89'28'47" W 32.00' 1-4 N 89'28'47" E 45.13' 3. Fleld work performed April 12, 2024. 2:12arlvel Pfoleclsl Got IGOF24002102-Geomatks%Swvev18ounda,,AGOF24002 SWFMA EXHIBIT, dw.. I100F2024d33ASAM. A Intl, I I IL_I II ILL " The John R. McAdams Company, Inc. 4400 Lewisville, Texas 7SO56e 800 STORM WATER FACILITY MAINTENANCE AGREEMENT EXHIBIT phone 972, 436.9712 1.493 ACRES Fax 972. 436. 9715 TBPELS FIRM N JAMES RIGHTLEY SURVEY, ABSTRACT NO. 1268 M C A DA M S PE:19162 RPLS: 10194440 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS www.mcadamsco.com f] PROJECT NO. GOF24002 CHECKED BY MP DRAWN BY AT SCALE 1"=100' DATE 11. 19, 2024 EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN Rib 1 MCADAMs �� � �•Y <i.[ s.0 r.ounwoDYl ro.nox«iIDOs.D.CI..Y W.gNLIwFND wu�hMM..rv. x�no �V.ti.n.r.,.. � O .j In nv x w.cDrxrw«ron vsDw.uonevirav GENERALNOIFS: 00 rl Z l ��.. o Sze s► , , li m �mI uog3 W G r. ti 2 .s ..�.... o J ZO j' � 1 —.� H, I g�• boo yf ' KElI IF.— x,.......• u. � .�► � , _ nAN wwENuraN �..� � ' I ' ""' ' � fit' .�.'"""'"""" xEXISn NG DRAINAGE f AREA MAP EXHIBIT B A2A .: t 'Y 00 \ \ p¢ � ..�. ... GENERAL NODS: SOfltt}MJ4.SOM'fWa �y�AH Ji. ��.u it k O tJ � � g �• � ,EGro ,��, L ••'•• rux wwenunaE i � t I E "` �••• sxeEr / I pROPOSEDDRAINAGE AREA MAP ' EXHIBIT B 4 McADAMS 00 r4 a U 0 ui 60 0 UJ 0 U DFMNnON POND PLAN EXHIBIT B DETENTIONIRETENTION POND FOR EMERGENCY SPILLWAY CROSS SECTION A-4 (N.T.S,) DETENTION�J&�ENTION POND CROSS SECTION B-B (N.T.S.) ln� ------------ --- --- -- DETENTION/RETENTION POND CROSS SECTION CC IN.T.S.) — - - - - - - - - - - - A - - - - - - - - - - - OUTLET STRUCTURE DETAILS JN.T S-) EMERGENCY SPILLWAY CALCULATIONS AND CROSS SECTION (N.T.S.) POND CALCULATIONS gm McADAMS 7=7 rl 00 r4 (A 0Li - 3: z U 0 3 uj Goy z 5 t; it LAJ 0 DETENTION POND PLAN EXHIBIT B BENMNIMKE: am+crxt. GENEMLNOTFS: `t.J r �w.+a w+ IlU1u11.I:o:nu[:EMncnolt Wo ana �% ••••" � nmE4E�:.o`Eiom�i.n`ria�u Eia�NONn�ia'�i"`o •�•��. o„© n�uu¢"wna."viauii`Aw..:�iaa:; u:nc�;3o.`a`nw .w Tj MCADAMs y..munu EUENr��� W Hz n ix u Vma,n Sz0 uoo3 z5�s Ot LL z W J EUYI YdOENN1pN EROSION CONTROL PLAN EXHIBIT B a o . A F. 111H t . . . . . . . . . . . 4-F m X MILESTONE CHURCH US287 CONSTRULMON DOCUMENTS 4k i , 12200 US-287 FORT WORTH, cmoF > Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN FOR RETENTION / DETENTION 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 sediment and trash removal shall occur when the water level in the retention pond exceeds the additional storage volume above the standard water surface elevation by more than 10%. Sediment trash and debris shall be removed and the facility shall be returned to the original features, grades and water surface elevation shown on the approved exhibits attached to this Stormwater Facility Maintenance Agreement (SWFMA). In addition, corrective measures are required any time the additional storage volume above the standard water surface elevation of the retention portion of the facility does not drain within 72 hours of cessation of inflow. 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 facilities primary components, mowing, 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. FORT WORTH " EXHIBIT D" STORMWATER RETENTION/DETENTION FACILITY MAINTENANCE CHECKLIST FREQUENT INSPECTION 00 Fort Worth apkqv Stormwater Management Inspection Item: Date: Repairs Required: Repairs Made: Notes: Remove: Trash and Debris Remove: Grass Clippings, Leaves, Etc. MINOR INSPECTION: Inspection Item: Date: Repairs Required: Repairs Made: Notes: Condition of Outfall Structure Amount of Silt in Outfall Structure Amount of Ponded Water the Water Pool Elevation in Facility MAJOR INSPECTION: Inspection Item: Date: Repairs Required: Repairs Made: Notes: Type / Condition of Outfall Structure Size and Condition of Outfall Pipe Evidence of Roots Infiltrating the Facility Evidence of subsidence around facility