HomeMy WebLinkAboutContract 46229 CITY SECRETARY � l
COWRACT MO.
DOE # 7321-01
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into by and between CooperZadeh, LLC
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 an
approximately 13.16 acre tract located in the J.C.McComas Survey, Abstract 1039,
Tarrant County, Texas according to the deed recorded in Cabinet B, Page 475, 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 Harlem Gardens, 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 Storm Water Management Facilities be constructed and maintained on a
M
s=�
IF-11 portion of the Property; and
M
M WHEREAS, the City requires that on-site Storm Water 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
STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1
Rev.09/10/2012 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 Storm Water 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 Storm Water Facility
includes all pipes, channels or other conveyances built to convey storm water
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the storm water. Adequate maintenance
is herein defined as good working condition so that these facilities are
performing their design functions. The Storm Water 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.09/10/2012
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
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.09/10/2012
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 owners association.
[SIGNATURE PAGE FOLLOWS]
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev.09/10/2012
Executed this I day of �C--• 204
Land ner 1 City of Fort Worth
Name: Fernando Costa
Assistant City Manager
Title:
Approved as to Form and Legality
Ciic� y
Assistant City Attorney
ATTEST
�S,4. 7OCity Secretary
b
0010 �
I
fOFFICIAL RECORD
STORM WATER FACILITY MAINTENANCE AGREEMENT ECRETARY 5
Rev.09/10/2012 RTH; TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me Ld /� by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
EVONIA DANIELS
♦PPY PLB(-i
;rr'' Notary Public,State of Texas
Commission Expires
10, 2017 otary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this %� day of
.S'i'p ftrn b e-►-- 20 f�, personally appeared
17—a L° known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
G1 h c Q ►' , and that he executed the same as its
occ c., A and as the act of such i4 L-y yG,g f y and for the purposes and
considerate expressed in the foregoing instrument.
Notary Public, State of Texas
NIKKI LLIC'LLE MCLEROY
NC rLPY PUBLIC
STA' vF TEXAS
My.COMM EXR 12111/JV4,
�/«l,1
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.09/10/2012
DENTENTION POND
SITUATED IN THE
J.McCOMAS SURVEY,ABSTRACT 1039
FORT WORTH, TARRANT COUNTY,TEXAS
DESCRIPTION OF DETENTION POND
BEING a 0.514 acre parcel of land situated in the J. McComas, Survey,Abstract No. 1039, City of Fort Worth,
Tarrant County, Texas,said tract being a portion of Lot 1, Block 2, Harlem Gardens,an addition to the City of
Fort,Worth,Tarrant County, Texas according to the plat thereof recorded in Cabinet B, Slide 475 of the Plat
Records of Tarrant County,Texas and being a portion of the same tract conveyed in Special Warranty Deed
dated March 14,2014 by McCaslin Schlieker Investments, Inc.to FTW-28 ST.70, LLC recorded in Instrument No.
D214051036 of the Official Public Records of Tarrant County,Texas, said tract being more particularly described
by metes and bounds as follows (all bearings based on the Texas State Plane Coordinate System, North Central
Zone),said parcel being more particularly described as follows:
COMMENCING at 5/8-inch steel rod with"TERRACORP"cap set at the Southwest corner of said Lot 1 and being
in the North right-of-way line of 28th Street(an 80 foot wide right-of-way);
THENCE North 89°34'10" East with said North right-of-way line,for a distance of 155.00 feet;
THENCE North 00°40'28"West departing said North right-of-way for a distance of 10.83 feet to the POINT OF
BEGINNING,-
THENCE North 00°40'28"West for a distance of 73.21 feet
THENCE North 36°04'00"West for a distance of 11.55 feet
THENCE North 44°25'30" East for a distance of 9.44 feet
THENCE North 89°31'28" East for a distance of 6.99 feet
THENCE South 36°04'00" East for a distance of 12.30 feet
THENCE North 89°31'28" East for a distance of 156.73 feet to the beginning of a curve to the left with a radius of
69.50 feet,a central angle of 23°01'27"the chord of which bears North 78°00'45" East for a distance of 27.74 feet;
THENCE Easterly along the arc of said curve for a distance of 27.93 feet;
THENCE North 00°38'32"West for a distance of 11.02 feet to a point on a curve concave the Northwest having a
radius of 59.50 feet, a central angle of 17°54'48",the long chord of which bears North 53°25'06"East for a
distance of 18.53 feet;
THENCE Northeasterly with said curve for an are length of 18.60 feet;
THENCE South 00°38'32" East for a distance of 13.23 feet to a point on a curve concave the Northwest having a
radius of 69.50 feet,a central angle of 12°19'57",the long chord of which bears North 46°00'56"East for a
distance of 14.93 feet;
THENCE Northeasterly with said curve for an arc length of 14.96 feet;
THENCE South 63°08'37" East for a distance of 36.65 feet
THENCE South 01'39'55" East for a distance of 41.61 feet
THENCE South 39°40'39" East for a distance of 37.36 feet
THENCE South 00°28'32" East for a distance of 16.44 feet
THENCE South 89°31'28"West for a distance of 280.59 feet to the POINT OF BEGINNING and containing
22,366 square feet or 0.514 acres of land, more or less.
EXHIBIT A
N.E. 28TH STREET I Neil D.Culver,a Registered Professional Land Surveyor
hereby certify that this exhibit represents the results of an
CITY OF FORT WORTH accurate survey made on the ground under my personal
J. MCCOMAS SURVEY, A-1039 supervision.
TARRANT COUNTY, TEXAS PEE.•°T f?F�
TERRACORP ASSOC. LLC RF 9�
3960 BROADWAY BLVD . . ............
.� NEIL D. CULVER
STE 236 ,.Ao 5211..�.v.....
Neil D. Culver,
GARLAND. TX 75043 Registered Professional Land Surveyor 9ti� SUR`IF�o
DATE:10/3 '2014 SCALE: N/A Registration No. 5211
TX 14081141 DETEN POND EX
DENTENTION POND
SITUATED IN THE
J.McCOMAS SURVEY, ABSTRACT 1039
FORT WORTH, TARRANT COUNTY, TEXAS
LOT 1. BLOCK 2
HARLEM GARDENS 5 0018'32"E
CAB.8.SL 475 13.23'
P.R.TGT. Gry S B3•
N 8931'28'E
6.99' N 00'38'32'W Fje
N 4425'30"E S 36'04'00"E 11.02' BSA
9.44' 1230'
N 89'31'28'E 156.73' 1
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N 38'04'00'W
11.55' v'
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DETENTION POND AREA a
Oi 0.514 ACRES sus.
F 22,366 SF
�9.
W X31
N N
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m N
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N
10.83' S W31'28'W 280.59
a 0.8. 89
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N 89'34'10'E 11155.00'
5/8'CSR W/
'TERRACCRP'
SET.
N. E. 28th. Street
N (Ex. 80' R.O.W.)
C1 C2 03
A 23'01'27' d 17'54'48' A=12'19'57"
R-69.50' R=59.50' R=69.50'
T=14.16' T=9.38' T-7.51'
L=27.93' L=18.60' L-14.96'
CB--N 78'00'45'E CB-N 53'25'06"E CB-N 46'00'56'E
CD-27.74' CD-18.53' CD-14,93'
II
LEGEND NOTES
(CM)..........CONTROLLING MONUMENT
SRF...........STEEL ROD FOUND 1. Bearings shown hereon are based on NAD83(CORS96,
EPOCH 2002)tied to the Texas Coordinate System of 1983,
North Central Zone(4202)using the Geoshack"GeoNet"
RTK GPS Network.
EXHIBIT B
N.E. 28TH STREET
CITY OF FORT WORTH
J. McCOMAS SURVEY, A-1039
TARRANT COUNTY, TEXAS
TERRACORP ASSOC. LLCG 1 S TfRF 9�
3960 BROADWAY BLVD .......•......cuwE....-NEIL
STE 236 A....52ii.......:.
GARLAND. TX 75043 9,�°FES 5 Neil D. Culver,
S U R`t F Registered Professional Land Surveyor
DATE:10/3/2014 SCALE: 1"=50' Registration No.5211
TX14081141 DETEN POND EX
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Exhibit "C"
CITY OF FORT WORTH STORM WATER 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev.09/10/2012
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED 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 Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
STORM WATER FACILITY MAINTENANCE AGREEMENT 1 O
Rev.09/10/2012
Rap
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT 11
Rev.09/10/2012
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