HomeMy WebLinkAboutContract 47684 8910111
+CcJ � CITY SECRETAW
4Pg1 CONTRACT NO. (.[�
C . R' , DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of February 11, 2016by and
between Exel Inc., a Massachusetts corporation d/b/a DHL Supply Chain (USA),
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 76.15 acre tract located in the David Odum Survey, Abstract 1184, Tarrant
County, Texas according to the deed recorded in Doc. No. D215122180 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 Carlsbad 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
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
rF CIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT (00079112-1) Y SECRETARY 1
Rev.12/29/2014 WORTH,TX
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 {00079112-11 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 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. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
STORMWATER FACILITY MAINTENANCE AGREEMENT {00079112-1) 3
Rev.12/29/2014
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 {00079112-11 4
Rev.12/29/2014
Executed this /� ' day of 2016.
Landowner City of Fort Worth
Name: Mark Smolik -KA-.=..ffitd0-4;es4a
Assistant City Manager
Title: Vice President, General Counsel
and Secretary
Approved as to Form and Legality
".7 �"c .
Assistant City Attorney, 4er14u 2/U.P> iWV--
ATTEST or�®
it Se r tar J1
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT (00079112-1) 5
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
j e5VS J-C �This instrument was acknowledged before me on �! y( � �; �� �O by
Fernande-Gest,+, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
,`�ti'a°'p'�e,,� LINDA M. HIRRLINGER
:o::' ��,=Notary Public,state of Texas
:_�;GV,.: Comm. Expires 02-02-2018 c'V
�''�,F�Ft�`��� Notary 1D 1241b474-6 Notary Public, State of Texas
"anuN
STATE OF OHIO §
COUNTY OF DELAWARE §
Before me, the undersigned authority on this �✓ day of
Aeie! , 2016, personally appeared Mark Smolik, known to me to
be the person whae name is subscribed to the foregoing instrument and acknowledged to
me that the same is the act of Exel Inc. and that he executed the same as its Vice President,
General Counsel and Secretary and as the act of such corporation and for the purposes and
consideration expressed in the foregoing instrument.
o�P Fyn,: Notary Public, State of Ohio
_ Terri L.CU ft
* * Notary Paw sw d omo
My Commission Eom 04.2b20mD
Oc
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT {00079112-11 6
Rev. 12/29/2014
EXHIBIT "A"
LEGAL DESCRIPTION
[Attached]
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
EXHIBIT "A"
DETENTION POND EASEMENT
Being a tract of land in the David Odum Survey, Abstract No. 1184, in the City of Fort Worth,
Tarrant County, Texas, and being a part of that tract of land described in Special Warranty Deed
to Exel Inc., as recorded in Document No. D215122180 in the Official Public Records of Tarrant
County, Texas (O.P.R.T.C.T.) and being more particularly described as follows:
COMMENCING from a 1/2-inch set iron rod with yellow cap stamped "HALFF ASSOC INC." for
the easterly corner of a 3.665 acre save and except tract described in said Special Warranty
Deed to Exel Inc.,
THENCE South 06 degrees 10 minutes 49 seconds East, a distance of 31.14 feet for the POINT
OF BEGINNING;
THENCE South 89 degrees 40 minutes 43 seconds East, a distance of 97.21 feet to the point of
curvature of a circular curve to the right, not being tangent to the preceding course, having a
radius of 1,285.40 feet, whose chord bears South 38 degrees 21 minutes 00 seconds West, a
distance of 659.53 feet;
THENCE Southwesterly, 20 feet parallel to the northwesterly right-of-way of Interstate 35W and
Loop 820, and along said circular curve to the right, through a central angle of 29 degrees 43
minutes 49 seconds, an arc length of 666.98 feet to the point of curvature of a circular curve to
the right, not being compound to the preceding curve, having a radius of 1,392.39 feet, whose
chord bears South 67 degrees 23 minutes 13 seconds West, a distance of 627.22 feet;
THENCE Southwesterly, continuing 20 feet parallel and along said circular curve to the right,
through a central angle of 26 degrees 01 minute 59 seconds , an arc length of 632.65 feet to a
point for corner;
THENCE North 00 degrees 33 minutes 29 seconds West, a distance of 926.44 feet to a point
for corner;
THENCE South 55 degrees 14 minutes 24 seconds East, a distance of 402.17 feet to a point for
corner;
THENCE South 52 degrees 23 minutes 22 seconds East, a distance of 440.09 feet to a point for
corner;
THENCE North 33 degrees 46 minutes 32 seconds East, a distance of 397.51 feet to the
POINT OF BEGINNING AND CONTAINING 424,838 square feet or 9.753 acres of land, more
or less.
A plat accompanies this legal description.
Page 1 of 2
0 100 200 300 400 CANTRELL SAMSOM RD 35W FOSSIL CREEK
129.76 ACRE y N
Y PARENT 81 z
SCALE:1"=200' R'�" 287 m
a` LOCATION r
I `
a ;,
820
DAVID ODUM SURVEY i
ABSTRACT NO. '1'184 1 1 T NORTHEAST
1/2'SIR\II VICINITY MAP/
I
fQs�" PARENT TRACT
1/2'SIR SPECIAL WARRANTY DEED --" ; \
� \ / EXEL INC. / POINT OF
PFCI DOC. NO. D215122180
COMMENCING sob• lo' 49•E
O.P.R.T.C.T.
31.14'
_� I,r`-'� S• ?/ �� -- S89' 40' 4YE
112*SIR / — -- 112' 97.21
POINT OF / —r SIR
�{Lr y C 5C/M8�FIR BEGINNING
y I" X2.90 Imo°',a /
s. � 1 /
5/8'FIR 1
N I.
31 PFC�I•� 0=29' 43' 49'
N I \ ! R=1285.40'
}' T=341.18'
MI DETENTION POND \ I L=666.98'
o l EASEMENT \ CL=659.53'
zz 1.. CB=S38' 21' 00'W
PFC 9.753 ACRES '
i 424,838 SQ. FT. TXDOTRMON
I � (CM)
I
A=26' 01' 59"
R=1392.39'
° FND BRASS ( �� 1/2*FIR W/ T=321.88'
TXDOT MON _?FC�.�— 'TXDOT ADL' L=632.65'
- _-- - � CAP CB=S67' 23' 13'W
!/2'FIR W/ / CL=627.22' I
TXDOT ADL' ' A LEGAL DESCRIPTION
8 _CAP.%' I ACCOMPANIES THIS EXHIBIT
LEGEND
9.753 ACRES FOUND BRASS MONUMENT
DETENTION POND EASEMENT FND BRASS IN CONCRETE STAMPED
TXDOT MON 'TEXAS DEPARTMENT OF
o TRANSPORTATION'
SITUATED IN THE FIR• FOUND IRON ROD
_ DAVID ODOM SURVEY 1/i SIR O YELLOW' CAPNSTAMPED RELIMINAR
ABSTRACT NO. 1184 'HALFF ASSOC.,INC: rused ocument shell not
(CM) CONTROL MONUMENT ecorded for any
IN THE _ _ e and shell not be
'
CITY OF FORT WORTH,TARRANT COUNTY TEXAS �____- PONDOEASEMENTNTION afinal urveydocu mentn
EXISTING R.O.W.LINE Release date:AUG.7,2015
+ Bads of Bearing Is the Texas Coordinate System NAD 83, North Central Zone (4202), _—_ Douglas A Calhoun
observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative EXISTING EASEMENT LINE RPLS No.5819
Network on 3/25/2015,Convergence Angie for Western Data Systems reference print 108 Is (D.R.T•C.T.) DEED RECORDS TARRANT
00 degrees 43 minutes 34.07511 seconds,according to Corpscon V6.0.1 as provided by the COUNTY TEXAS
U.S.Army Corps of Engineers.Distances shown are surface distances, scale factor Is OFFICIAL PUBLIC RECORDS
b 1,00012, (O.P.R.T.C.T.) TARRANT COUNTY TEXAS
■ ■
m ��`,..�■ DGN: EXH03-DEfPOND-30817.d n
AV : 30817 a .A.co Rwuti solatasd o+.aaln w Land
d a t trol w0
a HALFF sM idf+ro o'Nrviy MOe— he 8roUnd
k..1 ,x.dr Ty aMwvla$w and diradflon.
4000 FOSSIL CREEK BLVD.FORT WORTH,TEXAS 76137(817)817.1422 DATE: AUGUST 18,2015 PAGE NO.: 2 OF 2
T8PLS FIRM NO.10029805
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EXHIBIT "B"
DESIGN SPECIFICATIONS
[Attached]
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
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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 REPAIRS REPAIRS !-
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
s stem o eration
Remove grass
cli in s
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
ward
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.12/2912414
Condition of
filtrations stem
Berm or
Embankment
Settlement _
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.12/28/2014