HomeMy WebLinkAboutContract 47222 DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
2015, by and between OLEANDER INVESTMENTS, LLC, acting by and through LANG
PARTNERS, LLC, MANAGER, 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 0.055 ACRE (2,385 sq. ft. — West Tract) tract located in the WILLIAM
WELCH SURVEY, ABSTRACT 1644, Tarrant County, Texas according to the deed
recorded in Instrument Nos. D213314264 and D214204585, 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 LOT 2R BLOCK 1 J.N.
BROOKERS SUBDIVISION OF BLOCK 11 FIELDS WELCH ADDITION,
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
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STORMWATER FACILITY MAINTENANCE AGREEMENT
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
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
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 off "' °2015.
Landowner City of Fort Worth
OLEANDER INVESTMENTS, LLC
BY: LANG PART,NE S,,,LLC
MA AGE
M..
Name: DIR � OUDT Fer"ando-Costa
Assistant City Manager
Title: MANAGER
Approved as to Form and Legality
Assistants ty Attorney ,
ATTEST
s /,� ..
City'S
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STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 0 00. � �. by
Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth,
NGER
MY CCMMIS)SIO i!`��;PIRES Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
204personally appeared Dirik Oudt, Manager, known
to me ti5 be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of Lang Partners, LLC, Manager of Oleander
Investments, LLC, and that he executed the same as its Manager and as the act of such
Oleander Investments, LLC and for the proposes and consideration expressed in the
foregoing instrument.
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STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
Wd
STORM WATER FACILITIES MAINTENANCE AGREEMENT AREA
BLOCK 1
J.N. BROOKERS SUBDIVISION OF BLOCK 11 FIELDS WELCH ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING 2,385 SQUARE FOOT (0.055 ACRE) TRACT OF LAND SITUATED IN BLOCK 1 OF J.N.
BROOKERS SUBDIVISION OF BLOCK 11 FIELD-WELCH ADDITION, AN ADDITION TO THE CITY OF FORT
WORTH TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 204,
PAGE 38 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOTS 2
AND 15, AND A PORTION OF THE ADJOINING 8' ALLEY DESCRIBED IN DEEDS TO OLEANDER
INVESTMENTS, LLC AS RECORDED UNDER COUNTY CLERK'S FILE NO.(S) D214204585 AND
D213314264 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8" IRON ROD SET FOR CORNER AT THE INTERSECTION OF SOUTH
RIGHT-OF-WAY LINE OF WEST ROSEDALE STREET (VARIABLE WIDTH RIGHT-OF-WAY) AND THE EAST
RIGHT-OF-WAY LINE OF HURLEY AVENUE (CALLED 50' RIGHT-OF-WAY), SAID POINT BEING THE
NORTHWEST CORNER OF SAID LOT 2;
THENCE NORTH 89* 36' 56" EAST DEPARTING THE EAST LINE OF SAID HURLEY AVENUE ALONG THE
SOUTH LINE OF SAID WEST ROSEDALE STREET FOR A DISTANCE OF 75.95 FEET TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIPTION;
THENCE NORTH 89' 36' 56" EAST CONTINUING ALONG THE SOUTH LINE OF SAID WEST ROSEDALE
STREET FOR A DISTANCE OF 57.75 FEET TO A POINT FOR CORNER;
THENCE SOUTH DEPARTING THE SOUTH LINE OF SAID WEST ROSEDALE STREET ACROSS SAID LOT
15 FOR A DISTANCE OF 41.48 FEET TO A POINT FOR CORNER;
THENCE WEST ACROSS SAID LOTS 2, 15 AND 8' ALLEY FOR A DISTANCE OF 57.75 FEET TO A
POINT FOR CORNER IN SAID LOT 2;
THENCE NORTH ACROSS SAID LOT 2 FOR A DISTANCE OF 41.10 FEET TO THE POINT OF
BEGINNING AND CONTAINING 2,385 SQUARE FOOT (0.055 ACRE) OF LAND, MORE OR LESS.
OF
---&&J11141----------- .......
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DAVID PETREE
REGISTERED PROFESSIONAL
....................
LAND SURVEYOR NO. 1890 D ID E
, .6 ..... ...
80
1,890
su
SHEET 1 OF 2
BLUE SKY SURVEYING STORM WATER FACILITIES
&MAPPING,CORPORATION MAINTENANCE AGREEMENT AREA
11015 MIDWAY ROAD
DALLAS,TEXAS 75229 LOTS 2 & 15, BLOCK 1
PHONE:(214)358-4500
FAX:(214)358-4600 J.N. BROOKERS SUBDIVISION
9p R V'NG&MPS DRPETREE@BLUESKYSURVE'dNG.COM FORT WORTH, TARRANT COUNTY, TEXAS
TBPLS REGISTRATION No.10105700 DATE: JULY 10,2015
I - I SCALE: 1"=60' F:\ROSEDALEOLEANDER2015ESMT1
WEST ROSEDALE STREET
(VARIABLE WIDTH RIGHT-OF-WAY)
POINT OF BEGINNING S.F. -0" AC.)
POINT OF COMMENCING 1111 STORM WATER FACILITIES
N 89 '5f" E MAINTENANCE AGREEMENT AREA
18
N 89*J656"E
7.75
75.95'
77. IGO.0' 59�B'
48.1' 518 5.I R. 100.0,
LOT I-R, BLOCK 1•
LOT 15 NORTH . . . . SOUTH
SEIDELLS SUBDIVISION OF BLOCK 12
BLOCK 2 41.10, 41.48' FIELD'S WELCH ADDRION
J.N.BROOKER'S SUBDIVISION
V.388-47, P. 149-150
VOL 204,PG-38 MRTCT LOT 2 LOT 15, BLOCK 1
OLEANDER INVESTMENTS, LLC OLEANDER INVESTMENTS, LLC
INST. NO. D213314264, INST. NO. D214204585,
O.P.R.T.C.T.
T �57.70% O.P R.T.C.T.
100.0, 100.0. 100.0•
LOT 14 LOT 3 LOT 14
BLOCK 2
J.N.BROOKER'S SUBDIVISION o OLEANDER INVESTMENTS, LLC b b OLEANDER INVESTMENTS, LLC
VOL 204,PG.38 MRTCT INST. No. D213314264, INST. NO. D213314264,
O.P.R.T.C.T. O.P.R.T.C.T.
100.0•
LOT 13 UJ
BLOCK 2
J.N.BROOKER'S SUBDIVISION LOT 13
LOT 4
VOL.204, PG.38 MRTCT OLEANDER INVESTMENTS, LLC OLEANDER INVESTMENTS, LLC
INST. NO. D213314264, INST. NO. D213314264,
z O.P.R.T.C.T. O.P.R.T.C.T.
UJ
u- UJ
> 0 Q LOT 4-R, BLOCK 1
1 100 S"GELLS
.0' 100.0, SUBDIVISION OF BLOCK 12
F- D I I FIELD'S WELCH ADDITION
LOT 12 LOT 5 LOT 12 Z -0 V.388-47,P. 149-150
BLOCK 2 BLOCK I v BLOCK I
J.N.BROOKER'S SUBDIVISION
204, PG. 38 MRTCT b J.N. BROOKERS SUBDIVISION b Uj;I1-
VOL J.N. BROOKERS SUBDIVISION
>- i-. 7 OF BLOCK 11 OF BLOCK 11
Lu u) 00 FIELDS WELCH ADDITION a0 FIELDS WELCH ADDITION
VOL 204, PG. 38, P.R.T.C.T. VOL 204, PG. 38, P.R.T.C.T.
-c' 100.0'
< 100.0' 100.0'
D
C7 W
BLLOOTCK' E.F. LOT 6,BLOCK 1
J.N.BROOKER'S SUBDIVISION LOT 6 LOT 11 SEIDELS SUBDIVISION
VOL 204,PG.38 MRTCT OF BLOCK 12
FIELDS WELCH ADDITION
OLEANDER INVESTMENTS, LLC
OLEANDER INVESTMENTS, LLC VOL. 106,PG.26
INST. No. D213314264,
INST. NO. D213314264, O.P.R.T.C.T.
O.P.R.T.C.T.R.T.C.T.
100.0,
100.0 100.0
LOT 7,BLOCK I
LOT 7 FIEL DE.F. SEIDELS SUBDIMSION
b LOT 10 0 SF BLOCK 12
WELCH ADDITION
OLEANDER INVESTMENTS, LLC OLEANDER INVESTMENTS, LLC VOL 106, PG. 26
INST. NO. D213314264, INST. NO. D213314264,
O.P.R.T.C.T. O.P.R.T.C.T.
LOT 9RA
BLOCK 2 - 100-0
J.N.BROOKER'S SUBONISION 1,, 100.0, 100.0'
VOL.388-182,PG. 61 IARTCT��. i
LOT 8 LOT 9 E.F.LOT 6,BLOCK I
SEIBE,SUBDINISION
OF BLOCK 12
OLEANDER INVESTMENTS, LLC b OLEANDER INVESTMENTS, LLC FIELDS W
'4 INST, No.VDE213314264, VOL ELCH ADD-ON
INST. N D213314264, 106,PG-26
O.P.R.T.C.T. O.P.R.T.C.T.
52.0'
Imo, 100.0, 01
DER STREET b
------------------------------
(26' T-OF-WAY)
OF
.............
MAP TO ACCOMPANY
METES AND BOUNDS DESCRIPTION .... ..... ..... 0
0 30' 60' 120' ...�E.T.R.E.E A 60 V
DAVID PETREE
OEM-- REGISTERED PROFESSIONAL
I LAND SURVEYOR NO. 1890
GRAPHIC SCALE. 1"=60' u 04
SHEET 2 OF 2
1 IE BLUE SKY SURVEYING STORM WATER FACILITIES
&MAPPING,CORPORATION MAINTENANCE AGREEMENT AREA
11015 MIDWAY ROAD
DALLAS,TEXAS 75229 LOTS 2 & 15, BLOCK 1
PHONE:(214)358-4500 J.N. BROOKERS SUBDIVISION
Z". FAX:(214)358-4600
ING&013 DRPETREE@BLUESWSURVHNG.COM FORT WORTH, TARRANT COUNTY, TEXAS
TBPLS REGISTRATION No.10105700 DATE: JULY 10,2015
SCALE: 1"=60' FAROSEDALEOLEANDER2015ESMT1
B NOTES:
1. ALL INTERIOR CONCRETE SURFACES(WALL,FLOOR&CEILING)
OF VAULTS SHALL RECEIVE INTERIOR CORROSION PROTECTION
(EXPDXY LINER)PER CITY OF FORT WORTH SPEC.SECTION
33.39.60.
2. ALL CONSTRUCTION JOINTS IN CAST-IN-PLACE CONCRETE
q� VAULTS SHALL INCLUDE WATER STOPS.
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VAULT=ELEV. 623.00 INSTALL:
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STORMWATER FACILITY
DETENTION VAULT- MAINTENANCE AGREEMENT
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MAINTENANCE AGREEMENT
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EXHIBIT B
THE CITY OF FORT WORTH, TEXAS
2-�-M2 F=972-�Jltir
_ _t----------- 116111CATIES-CLARK TDPE F-375t
T
t t DESIGN DRAWN DATE SCALE NOTES FILE I No.
CCU CCA 08/11/15 N.T.S 064-004 6 OF 6
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WEST TRACT- LANG OLEANDER MF
MODIFIED RATIONAL METHOD - DETENTION ANALYSIS
AREA = 1.67 ACRES, C= 0.7
Steps-iSWM Hydrology 1-Year 10-Year 100-Year
tc (min) 10 10 10
i(in/hr) 4.06 6.85 9.24
Qa(Equation 1.26) (cfs) 4.75 8.01 10.80
(limit to 8.01 max)
a (from Table 1.18) 95.835 203.93 322.07
b (from Table 1.18) 13.425 21.09 24.388
V r,(Equation 1.27)(ft) 896 1555 6055
Peso(in) 1.77 3.45 5.43
Td(Equation 1.27)(min) 14.8 18.7 29.3
Ptd(in) 1.00 2.13 4.51
Vmax(Equation 1.28b) (ft) 1585 2513 7287
USE FOR OUTFALL
ORIFICE OPENING
Outfall Outlet Size from h= 1.85 feet-Area of h=2.93 feet-Area of h=8.60 feet-Area of
Detention Vault Using Opening of 18"Outfall Opening of 18"Outfall Opening of 18"Outfall
Orifice Formula Pipe=0.62 sf or 6.88" Pipe=0.83 sf or 8.6" Pipe=0.52 sf or 5.44"
Q=cA(2gh)112 depth at bottom of depth at bottom of depth at bottom of
c=0.7 and h based on pipe using restrictor pipe using restrictor pipe using restrictor
volume max plate plate plate
The west tract consists of 1.67 acres and is shown in the TxDOT plans to have a runoff coefficient=0.7
and an intensity of 6.85 in/hr with a time of concentration = 14 minutes for the larger tract. This
calculation allows a runoff of 8.01 cfs from our site.The flow from our detention facility will be limited
to a maximum of 8.01 cfs for each storm intensity design. The connection point for the new detention
facility will be the 18 inch Lateral No. F-6 to the existing grate inlet No. F-10 at the southeast corner of
W. Rosedale and Hurley Street. The existing 18 inch lateral at a 13.8% slope and the downstream 24"
lateral at 1.56%slope each have adequate capacity to carry this flow.
Revised 05-04-2015
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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. Silt shall
be completely removed from the detention vault structure. 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.
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
Rev. 12/29/2014
Exhibit "D"
Stormwater 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
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