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HomeMy WebLinkAboutContract 46654 SEC AW ITY DOE # 7409 CCONTRACT N a STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , J\kC"4b1S7 by and between M&C Development, Ltd., acting by and through John ZZJ Cockerham, 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 an approximately 0.744 acre tract located in the Joseph Boman Survey, Abstract 79 and the Alexander F. Albright Survey, Abstract 1849, Tarrant County, Texas according to the deed recorded in Volume 14192, Page 644, Deed Records, Tarrant County, Texas, hereinafter called the "Property". to N WHEREAS, the Landowner is proceeding to build on and develop the Property 00 ' according to the Site Plan/Subdivision Plan known as Marine Creek Ranch Section 9A a hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be 0 U.j approved by the City and the Landowner provides for management of Stormwater within the confines of the Property; and w 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 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX Rev. 12/29/2014 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 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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 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 o_bli2ation 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 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 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 12/29/2014 [SIGNATURE PAGE FOLLOWS] Executed this day of 20> Landowner City of Fort Worth M&C Development, Ltd. A Texas limited partnership By: Harrison Realty Investments, LLC, A Texas liability company Its: General Partner hn Cockerham Fernando Costa President Assistant City Manager Approved as to Form and Legality Assistant Ci orney r'7iG„1 NO M&C REQUIRED ATTEST C' 0ppO°°Op0 a8 �� %- AS � OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT �,WORTHTX 5 Rev.12/29/2014 ! STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on / by Fernando Costa, Assistant City Manager of the City of Fort Wortn behalf of the City of Fort Worth. �aY oa• TRIKINYA L. JOHNSON _ Notary Public,State of Texas My Commission Expires Notary`P lic Pl�e of Texas April 17, 2018 hgnrN`� STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this �P day of 20 i , personally appeared //e-,;. >.s . /c - 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 and that he executed the same as its y7,✓�and as the act of such,l„�.Tom✓ and for the purposes and consideration expressed in the foregoing inst ent.Notary Public,Public, State f Texas '0 J Oaty aU 1P 49�' �N i•N COf - 4 r....ONb\\`\\`\ STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 EXHIBIT "A" DRAINAGE EASEMENT METES & BOUNDS DESCRIPTION BEING A 0.744 ACRE TRACT OF LAND LOCATED IN THE JOSEPH BOMAN SURVEY, ABSTRACT NO. 79, AND THE ALEXANDER F. ALBRIGHT SURVEY, ABSTRACT NO. 1849,IN THE CITY OF FORT WORTH,TARRANT COUNTY, TEXAS, BEING A PORTION OF A OF A CALLED 19.603 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO M & C DEVELOPMENT, LTD., A TEXAS LIMITED PARTNERSHIP, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D214158673, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), SAID 0.744 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES &BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH CAPPED IRON ROD FOUND STAMPED "JBI"FOR THE NORTHEAST CORNER OF LOT 39, BLOCK L,MARINE CREEK RANCH,AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 12801, PLAT RECORDS, TARRANT COUNTY, TEXAS (PRTCT), SAME BEING THE WESTERNMOST NORTHWEST CORNER OF A CALLED 23.107 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO M& C DEVELOPMENT, LTD.,A TEXAS LIMITED PARTNERSHIP,FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D213265067, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), AND BEING ON THE SOUTH LINE OF AN ATMOS ENERGY PIPELINE EASEMENT (FORMERLY ENSERCH CORPORATION), FILED FOR RECORD IN VOLUME 7094, PAGE 908, DRTCT, SAID COMMENCING POINT HAVING A NAD 83 —TEXAS COORDINATE SYSTEM POSITION (GRID) OF N: 6993047.3 E: 2304518.4 (SEE NOTE AT BOTTOM OF DESCRIPTION FOR REFERENCED NETWORK); THENCE SOUTH 79 DEGREES 08 MINUTES 06 SECONDS EAST, ALONG SAID SOUTH LINE,A DISTANCE OF 54.03 FEET,TO A POINT FOR CORNER; THENCE NORTHERLY, ALONG WEST LINE OF SAID CALLED 19.603 ACRE TRACT OF LAND,THE FOLLOWING CALLS: NORTH 10 DEGREES 49 MINUTES 40 SECONDS EAST, A DISTANCE OF 449.30 FEET, TO A POINT FOR CORNER; NORTH 00 DEGREES 23 MINUTES 38.SECONDS WEST, A DISTANCE OF 457.27 FEET,TO A POINT FOR CORNER,BEING THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 50.00 FEET, TO A POINT FOR CORNER, FROM WHICH A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE NORTHWEST CORNER OF SAID CALLED 19.603 ACRE TRACT OF LAND BEARS NORTH 00 DEGREES 23 MINUTES 55 SECONDS WEST, A DISTANCE OF 115.00 FEET; Page 1 of 3 THENCE NORTH 89 DEGREES 36 MINUTES 05. SECONDS EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 648.17 FEET,TO A POINT FOR CORNER,BEING ON THE EAST LINE OF SAID CALLED 19.603 ACRE TRACT OF LAND; THENCE DUE SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 50.00 FEET, TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 36 MINUTES 05 SECONDS WEST, A DISTANCE OF 647.83 FEET,TO THE POINT OF BEGINNING AND CONTAINING 0.744 ACRES(32,400 SQUARE FEET)OF LAND,MORE OR LESS. BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. COORDINATE VALUES ARE PROVIDED FOR LOCATION PURPOSES ONLY (GENERAL) AND SHOULD NOT BE SOLELY RELIED UPON WHEN CONDUCTING A BOUNDARY RETRACEMENT SURVEY. SEE ATTACHED EXIIIBIT"B"DATED FEBRUARY 4,2015(PAGE 3 OF 3) OF .T P:�tSrEk~o M RLE 1L D TE:02704/15 REGISTERED PRO :..........».........::.. LAND SURVEYOR 5438 •MERLE W. MILLER STATE OF TEXAS to 5438 r C *~°'yes s�a;'sQ4 9N�e3UR`I- Page 2 of 3 EXHIBIT "A" DRAINAGE EASEMENT THE FOLLOWING IS A SURVEY PLAT OF A DRAINAGE EASEMENT SITUATED IN THE JOSEPH BOWMNAN SURVEY, ABSTRACT NO. 79, AND THE ALEXANDER F. ALBRIGHT SURVEY, ABSTRACT NO. 1849, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT(AUNTY, TEXAS LOT 1.BLOCK t I EAGLE MOUNTAIN-SAGINAW ELEMENTARY 11.63' St?N001.Na 13 ADOIIION CAB. A. Cr 11779PRTM & C DEVELOPMENT, LTD N 00'23 55' W CCj 021.7265087 115.00' SW Oof2NER SG7i00I. TRACT O°RTCT LINE BEARING DISTANCE ALBX"DER F. ALBRIGRT SURVEY Ll S 79'08'06" E 54.03' I ABSTRACT NO. 1849 PERMANENT 15'D.E CCJ D213280174 L2 N 10'49'40" E 449.30' N 89.36'05" E 648.17' L3 N 00'2338" W 457.27' L5 L4 N 00'23'42" W 50.00' S 89'36'05" W 647.83' L5 S 00'00'00" E 50.00' pl CAUW 19.60.7 ACIaM I CIRS M & C DEVELOPMENT, LTD 73 IPRWr I DRAINAGE EASEMENT M INE 0.744 ACRES 710M 9A 32,400 SQUARE FEET (ALL S O H EON J � FALL"LEAF ACRESCAUED 9"473 HAYCO REALTY LTD I x LEGEND & ABBREVL4I M VOL f412Z P0. 644 ORTCT - raj POB POINT OF BEGINNING JOSEPH BOMAN SURVEY •r CIRF CAPPED IRON RCD FOUND ABSTRACT NO. 79 CIRS CAPPED IRON ROD SET ` DRTCT DEED RECORDS TARRANT ' COUNTY, TEXAS I WELL. 517E MC-B O9RTCT OFFICIAL PUBLIC RECORD$ BARNETT GATHERING, LP I VOL 17089, PC,• 57 TARRANT COUNTY; TEXAS 30'MULTIPLE PIPELINE ( DR7CT PRTCT PLAT RECORDS TARRANT RIGHT-OF-WAY AND EASEMENT CCF D208201387 I v ( COUNTY, TEXAS DRTLT ESMT. EASEMENT .� 20'ACCESST. NO. 2& 3 ,e VOL 170 PC 57 BpX+j, n9.�"�— �DRICT `` pt"8 ATMOS ENERGY PIPELINE EASEMENT 1 I `_�• `�r �.„ (FORMERLY ENSERCH CORPORATION) VOL 7094, PG, 908 p�/� I DRTCT 112YCIRF BLOCK L MARINE CREEK RANCH G0.A.SIDE 12801 PRICT Mac Lm Will D TCT 3265087 v M I, MERLE W. MILLER, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY ••OF..•T STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON THE GROUND STE F ME OR UNDER_Atx.OIREGLSI/P�RY1S► RFO'+Y �� =� m1 m a N I •MERLE W. MILLER ..................Y.. 5438 ' ! coslae+mcinnis+associates MERLE FEBRUARY# ?TtS OPES ■Mxio taxa amwbwaaaemo REPROFESSIONAL O . { 4e m*katlon mmbs. f-2759 i7Q7Q7Q�»i LAND SURVEYOR NO. 5438 S u Rv thpls ra¢sbnNon/kom mobs. 10088000 STATE OF TEXAS 200 oast a b r a m arlinpton, taxes 76010 1. 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" team raaeo �uuao�—euro _ y\ o � ,� > e7 \'.• ► eT >-..-� ► sib y � ���� '—--dIlAT NA ROAD— rm uftl' . il�nrsx , - - 7tkb\ I � r i " 12 a _ .. to n500 raz'foy +r il >?a _ so— a s a 4 I _I 1 - � 3 : P _ zeg a a _ ,• ._.. "Ac s I aae as U - e �y _ a —#a---,i------ - ---_=_ .._ 17 EAKF'--b CRYSTAL. fie AK 5 i1F �A� 110101! g11 fill, R I7{ , 111JR11 ,` N p g $: „E ;t 4 E A3Ri9 I E MIR it &ail �11"Rq a Rei P pl " a 7 MARINE CREEK RANCH oto 0 SECTION 9A GRADING PLAN — SHEET B # FORT WORTH, TEXAS � 9 E��� REM NEEMME 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. Silt shall be removed and the channel/swale returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a facility does not drain completely within 72 hours of cessation of inflow. Aowmuiated litter, sediment, .and debris shall be removed every 6 months or as necessary to maintain proper operation of the facility. Disposal shall be in accordance with federal, state and local regulations. Drainage 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 MAINTENANCEnNSPECTION e Visual inspections of all components will be conducted every 6 months. e A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's prirrary components, mowing, and silt, litter and debris removal dates. eWritten 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. ST RMWATER FACILITY MAINTENANCE AGREEMENT Rev.12129/2014 Exhibit"D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing- Remove owin -Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in orad Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash and Location of Erosion MAJOR INSPECTIONS Condition.of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condi* Condition of Rip- Ra HT1] IVNA? OMILiTYAI WTDKWMAGREEMMT 9 Rev°421 WM14 Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rw 12!2912014