HomeMy WebLinkAboutContract 47175 U
7
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
by and between Keller Independent School District, acting by and through
Dr. Rand, 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 14.869 acre tract located in the Milly Gilbert Survey, Abstract 565 ,
Tarrant County, Texas according to the deed recorded in Instrument No. D211305267,
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 Keller Elementary No. 23
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 Stormwater 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
�� ����Jm. ���,1 ` � „
Rev.12/29/2014 X
IvfRlvll P'd� r�moN
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.
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.12/29/2014
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, after reasonable
notice to the Landowner, 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. TO THE EXTENT ALLOWED BY LAW,
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
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.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.12/29/2014
Executed this ZSrO day of -5F-WaN BeP- 2015-
Keller Independent School District City of Fort Worth
n
Rand Reid Jesus J. C
Name: y hapa
Assistant City Manager
Title: Superintendent
Approved as to Form and Legality
Assistant City ttorne
ATTEST "
A.
City Secreta
NO M&C REQUIRED
�Yr"ECGGYkY59I
STORMWATER FACILITY MAINTENANCE AGREEMENT rJ
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �.��'�
1 by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
T_
LINDA M.HiCdliLlNt C a 1
*' "= MY COMMISSION EXPIRES PIRE Notary otary Public, State of Texas
STATE OF TEXAS § 4 1� 's GAYE LYNNE MONTEMAY0R
`_ *? MY COMMISSION EXPIRES
COUNTY OF TARRANT § 9r �;F��r July 24,2017
Before me, the undersigned authority on this day of
20_15, personally appeared Dr. Randy Reid,
Sup& 'ntendent, 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 Keller Independent School
District, and that he executed the same as its Superintendent and as the act of such and for
the purposes and consideration expressed in the foregoing instrument.
0 V�
Notary Pu ic, State of Texas
V/`r�/�"�d"K",, �rnl'���� IawlJ,.kh„�r�l�I F:� �
CITY ��// r/ rr J J} i
WOR,`,M Ts
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
EXHIBIT "A"
"Storm Water Detention Facility"
0.674 acres of land situated in the Milly Gilbert Survey, Abstract No. 565, City of Fort
Worth, Tarrant County, Texas and being a portion of that certain tract of land described in
deed to Keller Independent School District (KISD), as filed in County Clerk's No. (C.C.)
#D211305267, Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "Peloton", found at the southeast
corner of said KISD tract and a northeast corner of a remainder tract of land described in
deed to Pulte Homes of Texas, L.P., as filed in C.C. #D210282641, D.R.T.C.T., the north
line of a 75' Easement described in deed to Texas Electric Service Company as filed in
Volume 7321, Page 1751, D.R.T.C.T. and being in the west Right of Way line of
Horseman Road as shown on the plat Parr Trust, an addition to the City of Fort Worth,
Tarrant County, Texas in C.C. #D211138566, Plat Records, Tarrant County, Texas
(P.R.T.C.T.) from which a 5/8 inch iron rod with cap stamped "Peloton" found at the
southerly northeast corner of said KISD tract bears N 01'47'12"W, 631.01 feet;
THENCE N 01047'12"W, along the east line of said KISD tract and said west R-O-W line
a distance of 70.09 feet;
THENCE S 88 012'48" W, over and across said KISD tract a distance of 39.99 feet to the
POINT OF BEGINNING of the hereinafter described tract of land;
THENCE continuing over and across said KISD tract the following courses and distances:
S 88°20'48"W, a distance of 186.00 feet;
•01'47'16" W, a distance of 158.16 feet;
• 88°29'53"E, a distance of 186.00 feet;
THENCE S 01047'16" E, a distance of 157.66 feet to the POINT OF BEGINNING and
containing 29,371 square feet or 0.674 of an acre of land.
OF
..
veye ^fin the ground June 29, 2015
Theron W. Sims, R.P L.S. ur �
Texas Registration No. 586__, Th1ERCaN W. �IMs_
..eOP09.mp W.4SI -
Date: August 27, 2015 5
Rev: September 16, 2015—Area 1���SURV
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems
Continuously Operating Reference Stations (COBS) via Real Time Kinematic (RTK) methods. An
average Combination Factor of 1.00014924267 was used to scale grid coordinates and distances to
surface.
2. Integral parts of this survey:
a. Legal Description &Sketch
Sheet lof 2
HUC 15118
NOTES:
1) Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North
Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously 518" IRF WITH
Operating Reference Stations (CORS)via Real Time Kinematic(RTK)methods.An average Combination CAP STAMPED
Factor of 1.00014924267 was used to scale grid coordinates and distances to surface. 'PEL0 TON
"
2) Integral parts of this survey: •.................................I.
(CONTROL MON.)
a.Legal Description
b.Sketch a
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KELLER INDEPENDENT SCHOOL DISTRICT•••.......•, , >
INST. JD211305267
D.R.T.C.T.
10' PUBLIC UTILITY ESM'T." •.
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ft ®® 186.00' S88'12'48'W
39.99'
•,OF•.•r� NI
THERON W. SIMS R.
TEXAS REGISTRATION N0. 7.., ...._
Q;•� 5 T ER'. 1- 20' PUBLIC UTILITY ESM'T 1�
P.L.S. �:ti Fo°•.v I
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...:.....................:... D.R.T.C.T. J
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THERON W. SIMS •••
August 27, 2015 °•%......................•
*-..,o 5887 �P
DATE: Surveyed on the ground �,9•.oFES s o•''O� 518" IRF WITH
June 29, 2015. NO•SURN�y CAP STAMPED
Rev: Sept. 16, 2015 — Area PELOTON"
EXHIBIT "All (CONTROL MON.)
PULTE HOMES OF TEXAS, L.P. I
ST® WATER INST. #D2 1 028264 1
1 WATER D.R.T.C.T. 75' T.E.S.Co. ESM'T. I
DETENTION FACILITY (REMAINDER TRACT) VOL. 7D.R.T .C.T. 1751
Situated in the Milly Gilbert Survey,Abstract No.565,City of — — — —
Fort Worth,Tarrant County,Texas.
teague nailperkins _.
gig1100 Macon Street
400" Fort Worth,Texas 76102
817.336.5773 ph 817.332.7756 fx
JOB No. HUC 15118 p
tnpinc.com/Registration No. 100116-00 SHEET 2 OF 2
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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.12/29/2014
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.12/29/2014
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
Rev.12/29/2014