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HomeMy WebLinkAboutContract 46918 i 6 DECEIVED CITY 8ECRJrTA AUG -5 WE # 7397 CONTRACT NO. CITY OF FORT WORTH .': CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of A"Ubf 10 . J by and between PINE MEADOWS DEVELOPMENT COMPANY, LLC, hereinafter referred to as "Developer and the City of Fort Worth, hereinafter referred to as WITNESSETH WHEREAS, the Developer is the owner of certain real property described as PINE MEADOWS, PHASE .1, an approximately18.43O acre tract located in the Charles C. Whytte Survey, Abstract 1611 Tarrant County, Texas according to the deed recorded in County Clerk's Document No. D214O7128 Deed Records, 'Tarrant County, Texas, hereinafter called the "Property'. WHEREAS, the Developer is proceeding to build on and develop the Property according to the Site Plan Subdivision Plan known as PINE MEADOWS, PHASE 1 hereinafter called the '`Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Developer provides for management of Stormwater within the confines of the Property; and WHEREAS. the City and the Developer 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 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev,05/14/12014 FT. WORTH, TX Developer, its successors and assigns„ the location and dimensions of which is shown on the attached Exhibit "A" and hereinafter referred to as (`Facility Property"): 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 Developer. its successors and assigns, shall adequately construct and maintain the on-site Facility Property at no expense to the City of Fort Worth in accordance with the design specifications for, attached as Exhibit "13", 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 Facility Property includes all pipes, channels or other conveyances built to convey stormwater upon, through or 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 Developer 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 Facilities, 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. Failure of the Developer to submit an annual inspection report to the City shall not be a default hereunder unless such failure continues for fifteen (15) days following Developer's receipt of City's written request for such inspection report. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.05/14;/2014 3. The failure of any party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights or obligations, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance or any other term, covenant, condition or right. 4. The Developer, 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 after 10 day notice is provided by the City to the Developer. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Developer, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Developer, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, and such failure continues for fifteen (15) days folloNving Developer receipt of written notice from the City of such failure (plus such additional time as may be reasonably necessary under the circumstances), 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 Developer, 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 Developer's. G. The Developer, 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, STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.051141/2014 materials, and the like as a result of the Developer failure to maintain the Facilitv the Developer. 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 provided the work is deemed necessary by the engineering finn of the Developer. In the event that Developer 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 one final platted lot owned by the Developer within the Property. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the lot to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 7. This Agreement imposes no liability of any kind whatsoever on the Citv. THE DEVELOPER AAGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. DEVELOPER COVENANTS AND AGREES 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 DEVELOPER OR ANY FUTURE OWNERS OF THE 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. NOTWITHSTANDING ANYTHING STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev 05/14H2014 HEREIN TO THE CONTRARY, THE PARTIES AGREE THAT NOTHING IN THIS SECTION 6 SHALL REQUIRE THE DEVELOPER TO INDEMNIFY, HOLD HARMLESS OR DEFEND THE CITY, ITS AGENTS, SERVANTS OR EMPLOYEES FOR ANY COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION TO THE EXTENT ANY OF SAID LIABILITIES ARISE FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, ITS AGENTS, SERVANTS OR EMPLOYEES. 8. Developer covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude constriction of other improvements within the drainage easement, which do not impede drainage. Developer 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. 9. 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 Developer, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 10. The City shall promptly produce infor►nation in existence for inspection or duplication on application from the Developer. "Promptly" means that a governmental body may take a reasonable amount of time to produce the information, but may not delay. STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.05114!12014 Executed this !Ofk day of 111rif 2015. Developer: PINE MEADOWS DEVELOPMENT OMPANY, LLC, :Name: Terry San ff Title: Manager STATE OF TEXAS COUNTY OF § The foregoing instrument was acknowledged )efore me this day of ,2015, by Pt the /nA/ue r— _ of PINE MEADOWS DEVELOPMENT COMPANY, LLC, Notary Publ' tate of Texas "Y JAN WHITE Notary Public,State of Texas My Commission Expires Sep!ember2,2017 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.05/14//2014 City of Fort Worth: Assistant City Manager Approved as to Form and Legality , Assistant CityAttorney �ST Q1 oR�. . ��' /N ity Secretary �$ O V 070 ° ° r -4 As� STATE OF TEXAS § COUNTY OF `I•ARRANT § J SSV s J . `- "'_Y'c-- i/ This instrument was acknowledged before me on 15 by F , Assistant City Manager of the City of Fort Worth, MI behalf of the City of Fort Worth. -4, \j,o ( cam (' Notar , Public, State of Texas LINDA M.HiR�RL LAGER MY COMMISSION EXPIRES February 2,2010 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.05!14!12014 vu ' fit oil, is it >i#11 10 'M Ic mod End ��� -s.r - a 9ARKI SMOOV�11 HMd O, ®i Oi � If�lit� �ei © c i I ®i ©i ©i ©i c a ellH. 88 et i E ®! a ®i —_- Y of ®i `•' ®! ©i ®i • o; ®i • A y 3 ®i ©i ®i �•••"•- mm SMOQVE W &M81, ' 1 • . • • • all • • ` • • �` f ,I tjai � i � t • i� ATTACHMENT "A" EXHIBIT A EAST o 56.97 2C 2419 E iS1.33r PINE MEADOWS LAND HOLDINGS CO.LLC D214071838 D.R.T.C.T. O - p z Z r v, EAST 104_86' _ p v O• LOT 2,BLOCK 1.C.C.W HYTE ADDITION x 00 O �N L ___ CABINET A,SLIDE 1677,P.R.T.C.T. Z WEST 104.86' =s PINE MEADOWS LAND HOLDING CO.LLC D214071833 D.ILT.C.T. Q" �O CD o r y O W N 2.1155 ACRES `r "FACILITY PROPERTY" _ i— O O z PINE MEADOWS DEVELOPMENT COMPANY LLC EAST 104.86' D214231798,D.R.T.C.T. O �/ aB WEST 206.97' — H o to C, rn z �' tD PINE MEADOWS DEVELOPMENT INTERNATIONAL CHURCH OF THE D2140714837 D:PANY T^" VOL 13445,PG.119.D.R.T.C.T.FOURSQUARE GOSPEL LOT I,BLOCK 1,C.C.WHYTE ADDITION VOL.388-210,PG.64,P.R.T.C.T. 2 H O In 0 100 200 300 Graphic Scale in Feet "jn1 mA round THOMPSON ROAD -MILLER 1,Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 in the State of Texas,certify that this plat Surveying, Inc. represents an accurate survey made on the ground under my supervision on Residential•Commercial•Municipal July 14, 2015 of the 2.1155 acre 430 Mid Cities Blvd. easement described herein and that Hurst,Texas 76054 � 817,577.1052 Fax 817.577.0972 the boundary lines,corners and www.MiDerSurveying-Inc.com dimensions shown herein are as indicated. Page 1 of 2 Job No. 14084 • Plot File 14084 Det All EXHIBITA DESCRIPTION OF A 2.1155 ACRE "FACILITY PROPERTY" Being a tract of land out of C.C.Whyte Survey,Abstract No. 1611 and situated in the City of Fort Worth,Tarrant County, Texas,and surveyed by Miller Surveying,Inc.of Hurst,Texas in December 2014,said tract being a portion of the same tracts of land described in the deeds to Pine Meadows Land Holding Company, LLC recorded as Document No. D214071833,D214071838 and Document No.D214231798 in the Deed Records of Tarrant County,Texas,and also including a portion of the same tract of land described in the deeds to Pine Meadows Development Company,LLC recorded as Document No.D214071837 being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch"MILLER 5665"capped steel rod set for the southwest corner of said Pine Meadows tract (D214231798); Thence NORTH a distance of 15.00 feet; Thence WEST a distance of 104.86 feet; Thence NORTH a distance of 30.00 feet; Thence EAST a distance of 104.86 feet to the easterly boundary line of said Pine Meadows tract(D214071837); Thence NORTH a distance of 250.00 feet; Thence WEST a distance of 104.86 feet; Thence NORTH a distance of 28.06 feet; Thence EAST a distance of 104.86 feet to the easterly boundary line of said Pine Meadows tract(D214071838); Thence NORTH a distance of 100.00 feet; Thence EAST a distance of 56.97 feet; Thence South 82 degrees 24 minutes 19 seconds East a distance of 151.33 feet to the easterly boundary line of said Pine Meadows tract(D214071833); Thence SOUTH a distance of 403.06 feet to the southeast corner of said Pine Meadows tract(D214231798); Thence WEST a distance of 206.97 feet to the point of beginning and containing 2.1155 acres of land, more or less. I,Jason B. Rawlings, Registered MILLER Professional Land Surveyor No. 5665 in the State of Texas,certify that this plat SuivevinoAnc. represents an accurate survey made on the ground under my supervision on Residential - Commercial - Municipal July 14, 2015 of the 2.1155 acre easement described herein,and that Hurst, Mid Cities Blvd. the bounds lines,corners and Hurst, Texas 76054 boundary 817.577.1052 Fax 817.577.0972 dimensions shown herein are as indicated. www.MillerSurveying-Inc.com Page 2 of 2 Job No. 14084 • Plot File 14084 Det All ATTACHMENT "B" Re Rge! c g yy i .. k 1k 9I iwillr a d p1 � z d �CCCC s R r JJJJ I x R� SSP., f �r� �� $�� +• ��: a8 k IV �� � t a D ------------ --1------fit--- 3/UDIU SMOON3W Mid y ?lJOIQ ti k r.. ILI a g P811 IEby DRi jr* Rlip 'I R EBR S I it ill,! Ili IR 11 1 fit 3 ells 1., a ! r r � Jbi � 0)z J'j ( ¢ ; Qg 1 big, s $ � ba -fill, $E • w _ ro 2 � • F a � a � V IN r012�j • f 0 o t � �a- a�; cE'a :zistiit IIfesa- - ww - 'd � 84 !IR 1 iEFN# R"79 E1i3k 3 nw aw a a$ Yana asss aPac.aF� :a$ a� �w nw su iw 6 .y E - s F a YR t esI _ _ _ � _ _ S S S S•_TR t: ow F c, itFFa Qp uv wu si. I i wu U i • •n La O ar ^I wtI G W gx:?II SrR 2 1 _ ?9 aa. IIitSC3_ 1 iyu -I •• 1' � w,1 � $ 88�688I8 88 8• 88 � �lI te_ i x x at a[71 ww .. t: SS"a nw Svc - a2 a at YY ff iaa��tt G�'ii i E• fq n1 -:-i- e i of- al t a J 1 a; II A 19 519 a d I-in 0 axI F Ia a all I LIZ V Condition of filtration s stem Berm or Embankment ! i Settlement l Location of erosion _ Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.05/14//2014 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.05114112014 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and f 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- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.05/14//2014