HomeMy WebLinkAboutContract 47223 e p
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of s
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".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 0.009 ACRE (400 sq. ft. — East Tract Flume) tract located in the
WILLIAM WELCH SURVEY, ABSTRACT 1644, Tarrant County, Texas according to
the deed recorded in Instrument Nos. D214023218 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 1-RI BLOCK 1 SEIDELLS
SUBDIVISION OF BLOCK 12 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
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 a 1/`
Landowner City of Fort Worth
OLEANDER INVESTMENTS, LLC
BY: LANG PAR R .� L
MANAGER
Name: DIRIK OU T w
Assistant City Manager
Title: MANAGER
Approved as to Form and Legality
Assistant City"Attorney y"
Mr Fr� �4Oro 1�
ATTEST n
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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 L)L5 by
T, C-Vmj' ,/ -V City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
LINDA M.HIAHLINGM
MY COMMIS SION EX IItit S Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this o4U day of
20/5- , personally appeared Dirik Oudt, Manager,
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 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 purposes and consideration expressed in the
foregoing instrument.
4v ftex
LUP�rA A, RAWREZ
blic, State o
o4ryvu�fi
Ap)rd 02, 2016
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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
4' UTILITY & DRAINAGE EASEMENT AND
FACILITIES MAINTENANCE AGREEMENT AREA
BLOCK 1 7
SEIDELS SUBDIVISION OF BLOCK 12, FIELD'S WELCH ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING 400 SQUARE FOOT (0.009 ACRE) TRACT OF LAND SITUATED IN BLOCK 1 OF SEIDELS SUBDIVISION OF BLOCK
12, FIELD'S WELCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 388-47, PAGES 149-150 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING A
PORTION OF LOT 12 OF SAID BLOCK 1, AND BEING A PORTION OF THE PROPERTY DESCRIBED IN DEED TO
OLEANDER INVESTMENTS, LLC RECORDED UNDER INSTRUMENT NO. D214055956 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 WEST RIGHT—OF—WAY LINE OF FAIRMOUNT AVENUE
(FORMERLY KING STREET) (CALLED 50' RIGHT—OF—WAY), SAID POINT BEING THE NORTHEAST CORNER OF SAID LOT 15;
THENCE SOUTH 00' 00' 10" WEST DEPARTING THE SOUTH LINE OF SAID WEST ROSEDALE STREET ALONG THE WEST
LINE OF SAID FAIRMOUNT AVENUE FOR A DISTANCE OF 50.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF
LOT 15 OF SAID BLOCK 1;
THENCE NORTH 89' 56' 46" WEST ALONG THE SOUTH LINE OF SAID LOT 15 FOR A DISTANCE OF 10.00 FEET TO THE
NORTHEAST CORNER OF LOT 13—R OF SAID BLOCK 1;
THENCE SOUTH 00' 00' 10" WEST CONTINUING ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE FOR A DISTANCE
OF 100.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13—R;
THENCE SOUTH 89' 56' 46" WEST ALONG WEST LINE OF SAID FAIRMOUNT AVENUE, AND THE NORTH LINE OF SAID LOT
12 FOR A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF LOT 12 OF SAID BLOCK 1;
THENCE SOUTH 00' 00' 10" WEST ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE, AND THE EAST LINE OF SAID
LOT 12 FOR A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIPTION;
THENCE SOUTH 00' 00' 10" WEST CONTINUING ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE, AND THE EAST
LINE OF SAID LOT 12 FOR A DISTANCE OF 4.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID LOT 12,
SAME BEING THE NORTHEAST CORNER OF LOT 11 R, BLOCK 1 OF LOTS 9R AND 11 R, BLOCK 1 E.F. SEIDELL'S
SUBDIVISION, AN ADDITION TO THE CITY OF FORT WORTH, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED
UNDER INSTRUMENT NO. D21 1 1 56946 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE NORTH 89' 56' 46" EAST DEPARTING THE WEST LINE OF SAID FAIRMOUNT AVENUE ALONG THE COMMON
LINE OF SAID LOT 12 AND 1 1 R FOR A DISTANCE OF 100.00 FEET TO A POINT FOR THE SOUTHWEST CORNER OF SAID
LOT 12, SAID POINT BEING IN THE EAST LINE OF THE 12' ALLEY;
THENCE NORTH 00' 00' 10" EAST ALONG THE WEST LINE OF SAID LOT 12, AND THE EAST LINE OF SAID 12' ALLEY
FOR A DISTANCE OF 4.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89' 56' 46" EAST DEPARTING THE EAST LINE OF SAID 12' ALLEY FOR A DISTANCE OF 100.00 FEET
TO THE POINT OF BEGINNING FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 400
SQUARE FEET (0.009 ACRE) OF LAND, MORE OR LESS.
F
---- --- ----------
DAVID PETREE
REGISTERED PROFESSIONAL "DA .
VD .........
LAND SURVEYOR NO. 1890 — 8 •.• -
1
� 1.110
SHEET 1 OF 2
BLUE SKY SURVEYING 4' UTILITY & DRAINAGE EASEMENT AND
&MAPPING,CORPORATION FACILITIES MAINTENANCE AGREEMENT AREA
* * 11015 MIDWAY ROAD
DALLAS,TEXAS 75229 LOT 12, BLOCK 1
PHONE:(214)358-4500 E.F. SEIDELS SUBDIVISION
FAX:(214)358-4600
�GFy/NG BOO DRPETREE @BLUESKYSURVEYING.COM FORT WORTH, TARRANT COUNTY, TEXAS
TBPLS REGISTRATION No.10105700 DATE: JULY 10,2015
SCALE: 1"=60' F:\ROSEDALEOLEANDER2015ESMT3
WEST ROSEDALE STREET
(VARIABLE WIDTH RIGHT-OF-WAY)
POINT OF COMMENCING
100.0' 59.8' A 12" 100.0' 518"S./.R. 50.4' 100'
LOT 1-R BLOCK 1 LOT 15, BLOCK 1 y
SEIDELLS SUBDIVISION OF BLOCK 12 E.F. SEIDELS SUBDMSION
- FIELD'S WELCH ADDITION OF BLOCK 12 0, LOT 2
FIELDS WELCH ADDITION ° o
LOT 15 V. 388-47, P. 749-750, P.R.T.C.T. m VOL 106, PG. 26, P.R.T.C.T. °n oo a
OLEANDER INVESTMENTS, LLC OLEANDER INVESTMENTS, LLC O�
INST. NO. D214023218, INST. NO. D214204585, g
O.P.R.T.C.T. O.P.R.T.C.T. y
1000' 100.23'
' 90.0'
100.0
00.0' N 895646'W
10.00'
i Q
LOT 14
LOT 13-R, BLOCK 1 p Q
SEIDELLS SUBDMSION $
J OF BLOCK 12
LOT 4-R, BLOCK 1 -� FIELD'S WELCH ADDITION
SEIDELLS SUBDIVISION OF BLOCK 12 Q ° V.388-47, P.149-150, P.R.T.C.T. 3
OLEANDER INVESTMENTS, LLC ,
100.0' FIELD'S WELCH ADDITION INST. NO. 0214023218, o 2
V. 388-47, P. 149-150, P.R.T.C.T. O.P.R.T.C.T. 2
OLEANDER INVESTMENTS, LLC p w
INST. NO. D214023218, g
L07 t3 O.P.R.T.C.T. °
O
i
y I 1n
LOT 12, BLOCK 1 1 0
_ S 8936'46'E
E.F. SEIDELS SUBDMSION
r OF BLOCK 12 90.0' 10.00'
Q FIELDS WELCH ADDITION ioo.o' Q
100.0' VOL 106, PG. 26, P.R.T.C.T. 400 S.F. (0.009 AC.) 3 U
p LL OLEANDER INVESTMENTS, LLC 4' UTILITY & DRAINAGES *6.
LOT 12,BLOCK 1 ci O INST. NO. D214055956 EASEMENT & o
J.N.BROOKERS SUBDMSION I O.P.R.T.C.T. a
OF BLOCK 11 ° F- a FACILITIES MAINTENANCE o $,,o
FIELDS WELCH ADDITION I _ AGREEMENT AREA °� 8tl
VOL.204,PG.38 DRTCT W N 00•pa;0 E 6" LL
89'5646 E-100.00 POINT OF BEGINNING
N` 4.00
o 100.o'
100.0' O LOT 6, BLOCK 1 16.0' 96.0' m
g E.F. SEIDELS SUBDIVISION 1 N 89'56'46" W S 0000 �a W
J OF BLOCK 12 1 100.00' 4,00
J FIELDS WELCH ADDITION of LOT 11 R, BLOCK 1 o I
LOT n Q VOL. 106, PG. 26, P.R.T.C.T. hl LOTS 9R AND 11R, BLOCK 1 ,°� LOT 3R
OLEANDER INVESTMENTS, LLC j E.F. SEIDELL'S SUBDIVISION BLOCK 4
INST. NO, D214055956, 1 INST. NO. D211156946, E.F.SEIDELS SUBDMSION
O.P.R.T.C.T.
I O.P.R.T.C.T. CABINET A.SLIDE 4719
1 MARDACKBEN GROUP LP i 100.69'
100.0' LOT 7, BLOCK 1 i 96.0' 95•
E.F. SEIDELS SUBDIVISION �, 1
OF BLOCK 12
FIELDS WELCH ADDITION < I
LOT 10 VOL. 106, PG. 26, P.R.T.C.T. ;o Ism
OLEANDER INVESTMENTS, LLC Iwm
LOT INST. NO. D214015976, iw� LOT 11 R. BLOCK 1 BLOCK
O.P.R.T.C.T. t�"C BLOCK 4
1000, 01�o LOTS 9R AND 1 SUBDIVISION BLOCK 1 'o° SEIDELLS FIELD WELCH ADDITION 12
gl� E.F. SEIDELL'S SUBDMSION a INST. NO.D207434397
ISo INST. NO. D211156946,
100.0' z P.R.T.C.T.
� LOT 8, BLOCK 1 I> O.P.R.T.C.T. I
E.F. SEIDELS SUBDIVISION
OF BLOCK 12 MARDACKBEN GROUP LP j
FIELDS WELCH ADDITION �'✓ 54.1'
LOT s VOL 106, PG. 26, P.R.T.C.T.
5a.1 MARDACKBEN GROUP LP
INST. NO. D209169696, 1 5'UTILRY FASEMEPTT UIILJIY EASEMENT
O.P.R.T.C.T. 1 A i R INST. NO.D207434397
_INST_NO.D211156946-----
v
100.0' 90.0 �- N 8956.46'W- 76.0' k1 '�y. 85'
_____EST OLEANDER STREET OLEANDI STREET
_____-__ _._______________._ _____._______---____ _ -? ORDINANCE NO.9221
(CALLED 26' RIGHT-OF-WAY) RETUNED AS EASEMENT
FOR EXISTING UTILITIES
OF
MAP TO ACCOMPANY A, r
METES AND BOUNDS DESCRIPTION Oil ;t _'_--DATE: ° =_
0 30' 60' 120' _, ID PET' DAVID PECREE
"" - REGISTERED PROFESSIONAL
°'• 1 LAND SURVEYOR NO, 1890
GRAPHIC SCALE: I "=60 +19-(
SHEET 2 OF 2
BLUE SKY SURVEYING 4' UTILITY & DRAINAGE EASEMENT AND
&MAPPING,CORPORATION FACILITIES MAINTENANCE AGREEMENT AREA
11015 MIDWAY ROAD
* DALLAS,TEXAS 75229 LOT 12, BLOCK 1
%%' 'r�% � PHONE:(214)356-4500 E.F. SEIDELS SUBDIVISION
FAX:(214)358-4600
`EYING&MP DRPETREE @BLUESKYSURVEYING.COM FORT WORTH, TARRANT COUNTY, TEXAS
TBPLS REGISTRATION No.10105700 DATE: JULY 10,2015
SCALE: V=60' F:\ROSEDALEOLEANDER2015ESMT3
3 2' PLANTING
VARIES 1.5' FACE OF
BOLDING
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- STORMWATER FACILITY
z MAINTENANCE AGREEMENT
of LOT 3R, BLOCK 4 EXHIBIT B
((o E.F. SEIDELS SUBDIVISION THE CITY OF FORT WORTH, TEXAS
° CAB A, SL 4719 0 10' 20' 40' r
/ CATES-CLARK 1 972.oomn-912
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DESIGN DRAWN DATE SCALE NOTES FILE N0.
1 "=20' CCA CCA 08/25/15 064-004 1
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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 concrete flume structure. In addition, corrective
measures are required any time a basin does not drain completely within 72 hours
of cessation of inflow.
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 8
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