HomeMy WebLinkAboutContract 63556Date Received: 6/30/2025
Time Received: 1 0:20 a.m.
Permit No.: SWFMA-24-0110
City Secretary No.: 63556
ST®RMWATER FACILITY
MAINTENANCE AGREEMENT
30th June
THIS AGREEMENT, made and entered into this dayof ,
2025, by and between Fisch Grandchildren's Trust, acting by and through Igor Korbatov,
its duly authorized Trustee, 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 J. M. Daniel Survey, Abstract No. 395, Tarrant County, Texas
according to the plat recorded in Document No. D217126128, Plat Records, City of Foil
Worth, Tarrant County, Texas, and in deed recorded in Document No. D220171537, 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 HERC Rentals 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 1
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 ensure the 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, fail 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.
b. 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 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
27th June
Executed this day of
2025.
CITY OF FORT WORTH
�i / 1('jCAo �vcP ��ryas.', �A
LANDOWNERJ
Fisch GrpIildren's sf
op�ly
�� Pc� (�e! Fti,� / 2. 4
`
Jesica McEachern
By: Igor Korbatov
Assistant City Manager
Its: Trustee of the Fisch Grandchildren's n
City of Fort Worth
Trust 7�
Date: 06/27/2025
Date:()C 12 —201)✓ G lz Zf
Approved as to Form and Legality:
Contract Compliance Manager:
Al.ke �f l "vi� iv(Vi-sj //
By signing, I acknowledge that I am the
M. Kevin Anders, II (Jun 26, 2025 13:25 CDT)
person responsible for the monitoring and
M. Kevin Anders, II
administration of this contract, including
Assistant City Attorney
ensuring all performance and reporting
City Attorney's Office
requirements.
06/26/2025
Date:
Rebecca Owen (Jun 26, 2025 13:32 CDT)
qo� Foaq�
ar�aa
ago �9dd
Rebecca Owen
Planning Manager
ATTEST: P -i d
06/26/2025
� °°�a nEap54a
Date:
Jannette S. Goodall
City Secretary
06/27/2025
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
5
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On ,�G(�� �- f 2 i 2025 before me, LARRY SHARE, Notary Public
(insert name and title of the officer)
personally appeared �q or IK o r b a� V
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
QPMy
LARRYSHARENotary Public • CaliforniaVentura CountyCommission H 2463310` Comm. Expires Sep 12, 2027 r
STATE OF TEXAS §
COUNTY OF TARRANT §
2025
This instrument was acknowledged before me on June 27th, by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
osPav a�An KATREEN BRANORD
= Notary Public
N®• STATE OF TEXAS Notary Public, State of Texas
i e Notary I.D. 12197197
'FaF' My Comm. Exp. Apr. 12, 2027
LANDOWNER
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appeared
(name), (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 (entity), a
(entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 20
Notary Public, State of
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/01/2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
Description of a
SWFMA Easement
BEING a tract of land situated in the J. M. Daniel Survey, Abstract Number 395, City of Fort
Worth, Tarrant County, Texas, being a portion of that remainder tract of land described by deed
to Fisch Grandchildren's Trust, recorded in Instrument Number D220171537, County Records,
Tarrant County, Texas, being a portion of the remainder of Lot 1, Block 1, Herc Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, recorded in Instrument Number
D217126128, said County Records, and being more particularly described by metes and bounds
as follows:
BEGINNING at a 1/2 inch iron rod with no cap, found at an ell corner in the south line of said
remainder tract, being the northwest corner of Lot 1, Block 1, Daniel Addition, an addition to the
City of Fort Worth, Tarrant County, Texas, recorded in Volume 388-145, Page 90, said County
Records;
THENCE departing said south line over and across said remainder tract the following bearings
and distances:
S 89032'28"W, 0.37 feet;
N 00023'38"W, 176.30 feet;
N 89036'07"E, 125.88 feet, to the east line of said remainder tract, being the west line of
that tract of land described by deed to the State of Texas recorded in Instrument Number
D222130501, said County Records, the beginning of a non -tangent curve to the right;
THENCE with said common line and curve to the right, an arc distance of 87.71 feet, through a
central angle of 04127'48", having a radius of 1125.92 feet, the long chord which bears
S 15008'31"E, 87.69 feet;
THENCE S 12054'35"E, 93.55 feet, with said common line to the southeast corner of said
remainder tract, being in the north line of said Lot 1, Block 1, Daniel Addition, from which a 1/2
inch iron rod with no cap bears N 89°32'28"E, 84.35 feet;
THENCE S 89032'28"W, 168.10 feet, departing said right-of-way line with the south line of
said remainder tract and said north line to the Point of Beginning and containing 26,145 square
feet or 0.444 acres of land more or less.
"Integral parts of this document"
1. Description
2. Exhibit
Peloton Job No. R0053338 Tracking No. na
FTW June 25, 2025
N:\0053338.00\06 CAD\DGN\SURVEY\ESMT\LEGAL\R0053338 EAI.DOCX Page 1 of 2
Basis of Bearing is the Texas Coordinate System
North Central Zone 4202, NAD 83
IRF = Iron Rod Found
A
z Fisch Grandchildren's Trust
(remainder)
Inst.* D220171537
C.R. T.C.T.
Lot 1, Block 1
(remainder)
Herc Addition
Inst.* D217126128
C.R. T.C.T.
0
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N89° 36'07''E
1.
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125.88'
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R =
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L =
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LC-
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87.69'
0.600 Acres
IRF
S89° 32'28'W
S890 32'28 V II Point of
0.37' ,
Beginning
........:
TODD A. B.RIDGES a
'•A 4940
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No Si;�i�:'
P E LOTO N
I' LAND SOLUT)ONS
SRO HILLWO0I7 PARKWAY. SLATE 25O JOB # R0053338
FORT WORTH, TEXAS 76177 PH 4 S17.56$-=0
N!%0053338.00746 CAO\DGN\Sufvay'�ESMT-,ROD51336_E vF dq,
0 50 100
GRAPHIC SCALE IN FEET
''Integral parts of this document"
1. Description
2. Exhibit
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Daniel Addition
Vol. 388-145, Pg. 90
C.R.T.C.T.
m
Exhibit of a
SWFMA Easement
Situated in the J. M. Daniel Survey, Abstract Number 395,
City of Fort Worth, Tarrant County Texas.
JORAWN BY: D, Freeman 1`CHEr-KED BY:T. Bridges I DATE: D8-20-24 PAGE #2 of 2
Den.jl 6/25/2027 z,, as PM
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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10
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5.74
5.73
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1.46
0.30
10
4.06
1.78
5.74
2.51
9.24
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0.18
0.68
10
4.06
0.50
5.74
0.70
9.24
1.13
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0.45
0.60
10
4.06
1.09
5.74
1.54
9.24
2.49
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0.30
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4.06
0.12
5.74
0.17
9.24
0.28
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0.12 I
0.09
0.56
0.60
10
4.06
0.29
5.74
0.41
0.02
0.90
0.17
0.30
DA6
0.32 1
0
0.56
1 0.58
10
4.06
0.76
5.74
1.07
0.15
0.90
0
0.30
DA 7
0.44 1
0.33
0.56
1 0.62
10
4.06
1.12
5.74
1.58
.10
0.90
0
0.30
DA 8
0.67 1
0.30
0.56
1 0.75
10
4.06
2.03
5.74
2.88
0.37
0.90
0
0.30
DA 9
0.35
0
0.56
I 0.90
10
4.06
1.28
5.74
1.81
0.35
0.90
0.08
0.30
DA 10
0.08 1
0
0.56
1 0.30
10
4.06
0.10
5.74
0.14
0
0.90
.46
0.30
OS 1
1.46 I
0
0.56
1 0.30
10
4.D6
1.78
5.74
2.51
0
0.90
0.05
0.30
032
0.18 1
0.03
0.56
1 0.68
10
4.06
0.50
5.74
0.70
0.1
0.90
0
0.30
OS 3
OAS 1
0.40
0.56
1 0.60
10
4.06
1.09
5.74
1.64
1
0.05
0.90
1
'INDUSTRIAL LAND USE PER CITY
OF FORT WORTH LAND
USE PLAN
11. O�. COMMENTS
(am) W0
9.24
2.58
TO DESIGN POINT
9.24
3.08
TO DESIGN POINT A
9.24
0.26
TO DESIGN POINT A
9.24
3.27
TO DESIGN POINT A
9.24
0.66
TO DESIGN POINT A
9.24
1.72
TO DESIGN POINT A
9.24
2.54
TO DESIGN POINT A
9.24
4.64
TO DESIGN POINT A
9.24
2.91
TO DESIGN POINT A
9.24
0.22
TO DESIGN POINT A
9.24
4.05
OFFSITE TO MARTIN ST
9.24
1.13
OFFSITE TO CAREY ST
9.24
2.49
OFFSITE TO CAREY ST
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ilse 9.24 6.14 594,83 24.416 29,129 29,129 1.10
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600 WEST TTN STREET, SUITE 1]04
FORTWORTH, TXT6t42 TA17.9631"? DETENTION POND DETAILS
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Westwood Professional Services, Inc. FORT WORTH -TEXAS
APRIL 2025
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PROPOSED "�' EMERGENCY WSEL tS`�
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GRASS SIDE SLOPE GRASS SIDE SLOPE
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1100 HERC RENTALS
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Westwood Professional Services, Inc. FORT WORTHJE%AS
APRIL 2025
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NO SAVED OR PROPOSED TREES ARE WITHIN THE SWFMA BOUNDARY LIMITS. 9
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0 15 30
Ca §
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 9
Rev. 03/01/2022 BN
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT DATE
INSPECTION
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
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
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
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 11
Rev, 03/01/2022 BN
FORT WORTH °
Stormwater
INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN N
Facility Name:
Basin/Pond Number: Inspected By:
Facility Agreement Number:
Date:
Type of Inspection: Annual , Quarterly _, Monthly _, Routine
_,
or Storm Event , (# days since event )
Basin Conditions:
1. Is there standing water or wet spots?
Yes_
No
_ Comments
2. Does sides or bottom show signs of erosion, settling, cracking, etc?
Yes_
No
_ Comments
3. Does dam or emergency spillway show signs of erosion, settling,
cracking, or other problems?
Yes_
No
_ Comments
4. Is there evidence of animal burrowing in dam?
Yes_
No
_ Comments
5. Is there evidence of changes in shape or volume of basin?
Yes_
No
_ Comments
6. Do vegetated areas need mowing?
Yes_
No
_ Comments
7. Are there trees or woody growth in dam?
Yes_
No
_ Comments
8. Are there areas that need to be re -vegetated?
Yes_
No
_ Comments
9. Is there any accumulation of silt, trash, debris or litter in the basin?
Yes_
No
_ Comments
10. Are there any other basin maintenance activities needed?
Yes_
No
_ Comments
Structural Components:
1. Are pipes, channels, trash racks, etc. free of obstructions?
Yes_
No
_ Comments
2. Are pipes, spillway or trash racks in need of repair?
Yes_
No
_ Comments
3. Is the low flow or trickle channel in need of repair?
Yes_
No
_ Comments
4. Is the outfall channel in need of repair?
Yes_
No
_ Comments
5. Are there any other structural maintenance activities needed?
Yes_
No
_ Comments
Plan for correcting deficiencies:
Signature:
Date:
Owner's Representative
Form CFW-6
CFW- SEPTEMBER 2015 Appendix A A-17