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HomeMy WebLinkAboutContract 48223 CITY SEMETARY CONTRACT NO._�&�'�1' DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of ; .V , , by and between LRIC Champions Center, LP, acting by and through LRIC, LLC, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "Citv". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as Lots 8-16, Block 3, Champions Circle Addition, being a portion of a called 54.738 acre tract of land situated in the George W. Shamblin Survey, Abstract 1191, and the Rufus Daniel Survey, Abstract 362, Denton County, Texas according to document number 2016-2082 in the plat records of Denton 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 Champions Center Retail, 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 F6WF:FW1ALEIf]AIRY STORMWATER FACILITY MAINTENANCE AGREEMENT MRev.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 Cleric 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 i [SIGNATURE PAGE FOLLOWS] i I I i Executed this -/ day of�CctS�2016. I Landowner City of Fort Worth Name: Steve Lipscoi Assistant City Manager 1 Title: Founder Approved as to Form and Legality a I &Ju� iAssistant City Attorneys 11t ATTEST i Atyev 0 - n a , aA _ or I 1 HO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FF WORTIi1 TX Rev.12/29/2014 I i i I STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on (fit L� ?1-,v by S , Assistant City Manager of the City of Fort Worth, on behalf of the City { of Fort Worth. Yp�A,, LINDA M. HIRRLINGER Notary public,State of Texas " N.`: •'y Comm.Expires 02-02-2018 Notary Public, State of Texas q�,....•.�P,. Notary ID 12414474-6 1 STATE OF TEXAS § COUNTY OF DALLAS I Before me, the undersigned authority on this ZZ day of ., , 2016, personally appeared Steve Lipscomb, Founder, LRIC, LLC., luiown 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 r-011NDf-t , and that he executed the same as its a(-IPJD&L and as the act of such �OUjVpC-g and for the purposes and consideration expressed in the foregoing instrument. i 1AY-1 m Ihhffog�1U- Nfitary Public, State of Texas SAMANTHA NEIMER Notary ID# 129101602 My Comass10n Expires August 22,2020 OF STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 w - - U ^ y L, Q O oo z N a Q O N W 'YO N U m ti� to O f\ l� 1 Q LL N 00 O O lil tN W K O cr Ix orn t N H Z O N N F 3 M a}O " o D Z m o o w M ( p JW7 N (n o co ¢v, a N =qz > O Uw¢ 30 ��� > W o0 w N n J v LLIJ IY Z > z w i ' 00 J _ Z w O U m d W a d MM3M to dIno W w O mad darn,, woW z NMO O 7 ON pz p >'~ Q O 't -Op 0V ZW�m UZ - r0i `°00`0 W o0 o aural- �Qaz zU dU>> 6 z II N II II Q 0 `-'Z WWW UC94 OQ (n O ¢X�� p O ` 7VZW Q m C5 I II �ODp � F-- ¢Z ¢ ¢�`'zz Fo 7 O = OI+. j Um I-¢ U m i d -� % �xm ¢0w d Z U d. 7 z zza W I to U z J = o co W z oz,(j x a LLo 3 a o w I+ Ii I� W II S Z W° ,�aSwca> vo)z� < �aaz z3 oo LLFWoo 0 M o (n U i<-mzY¢In WowW W \�� Io� z� omlkS z z v z F-wZN�mw _ J i�wo �w000ml� oa � oo I z m mojz Ln - noom Lo)- LU oo�> V1 K d 0_ o ((nn 11 M W 2 L, p W(n rn ~O OZ - O � a La Md Nzou aNmZrQU� ZQZ W Z W OSIo ZU. �3 (�V`�'^� ci F J W Zp 0 ¢OFNQ W 2.IL m U li U K N J d ui 15 v mmvu`9V,Qao ¢aa j *' UcnW-NI D f 0 UJ Q I <t cJ W U w a r U Z Q^000 O 1 J Q m�LO 0Q I = a N �0^DMZ�0 QO NX z E-4 LLJ i 2 Jz z Z W , '� O U o � a W 3a Z Lij m 3 a J U p J O ~ V b _ _Z 3 _ / W _ tO z W o- ~ W } W � — `s Q;- W i/ z C5 p3 g C> vN > 3� m o_ W > = z N i I e ri d N CO o o O m U �' Z J O a 3 1 w cnv�i co N j Oti/ Q g � m W o W_ � o Ta 1 X N U (n M i, o (n N m^ O I.L. 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".'.3Eg hi €koi a d VWW+ ' RENO 63M 'iq;g��'`.°' Y Q` --a33 ° �1 V ¢ if g 2e •, xa �° '3y ° og =`y; m to!, j; s: 3 1 ; r 1 s `E = d� 7 .hm �3� k. o x s a `gC dye o 14 ' -$ tl 3SC - _ � - __ -� 5-3 .'Sffi _g yr.€ iE§ Qooe i 30`.� " £ :3 fi g 3 S E _ _ - 10 fid' 3a' <¢ Eg �d3 - C - - - �€ Som a@= "� 3 - g 5 3Rg E g 3 € 'SbRi `> Qer`,§ � x hr €moo r eg e, 51 o, not 14 to 9 his. n$ 8 1 o g fl a � KK 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. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the Facility. 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. Grass in swale should be mowed to maintain a height of 3 to 4 inches. Re- vegetation of swale is required when 30% or more of the area is unprotected. Side slopes of the swale should be inspected for erosion and formation of rills or gullies and repaired if necessary. During routine maintenance of the Facility, field staff should look for evidence of illegal discharges or illicit connection 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 Swale Remove Trash and debris Inspect irrigation system operation Remove grass clippings Evidence of illegal discharge Violations Noted MINOR INSPECTION Location of Erosion Percent of vegetation Condition of trash guard MAJOR INSPECTIONS Structure type and Condition STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.12/29/2014 Condition of Rip- Rap Berm or Embankment Settlement Location of erosion Evidence of Animals STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.12/29/2014 BURY EXHIBIT " A " VARIABLE WIDTH TEMPORARY DRAINAGE EASEMENT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 & GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191 CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING A 2.440 ACRE (106,285 SQUARE FOOT)TRACT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY, ABSTRACT NO.362,AND THE GEORGE W.SHAMBLIN SURVEY,ABSTRACT NO. 1191, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 187.34 ACRE TRACT OF LAND DESCRIBED AS TRACT 3 IN A SPECIAL WARRANTY DEED TO ROANOKE 35/114 PARTNERS, L.P., RECORDED IN INSTRUMENT NO. 2007-21421 AND AN AFFIDAVIT TO CORRECT SCRIVENER'S ERROR RECORDED IN INSTRUMENT NO. 2014-96174, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (O.P.R.D.C.T.); SAID 0.0746 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE NORTH END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 114 (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) WITH THE WEST RIGHT-OF-WAY LINE OF TANGER BOULEVARD (A 100-FOOT PUBLIC RIGHT-OF-WAY, INSTRUMENT NO. 2015-188, O.P.R.D.C.T.), AND BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS POINT WHICH BEARS NORTH 01°26'41"WEST, A DISTANCE OF 23,038.31 FEET; THENCE, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 114, THE FOLLOWING CALLS: I SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 01'29'44", FOR AN ARC LENGTH OF 601.35 FEET, A CHORD BEARING OF SOUTH 89°18'11"WEST AND CHORD DISTANCE OF 601.33 FEET TO A 3-1/4-INCH ALUMINUM CAP STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W. MON. NO." FOUND; NORTH 89°56'59"WEST, A DISTANCE OF 722.31 FEET TO A POINT FOR CORNER; THENCE, DEPARTING THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 114, OVER AND ACROSS SAID 187.34 ACRE TRACT OF LAND, THE FOLLOWING CALLS: SOUTH 00°03'01"WEST, A DISTANCE OF 327.17 FEET TO THE POINT OF BEGINNING; SOUTH 00°00'00" EAST, A DISTANCE OF 64.17 FEET TO A POINT FOR CORNER; NORTH 90°00'00" EAST, A DISTANCE OF 321.00 FEET TO A POINT FOR CORNER; SOUTH 00°00'00" EAST, A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER; NORTH 90°00'00"WEST, A DISTANCE OF 321.00 FEET TO A POINT FOR CORNER; SOUTH 0000'00" EAST, A DISTANCE OF 240.66 FEET TO A POINT FOR CORNER; (L1)SOUTH 45°00'00"WEST, A DISTANCE OF 108.97 FEET TO A POINT FOR CORNER; (L2) SOUTH 70°35'24"WEST, A DISTANCE OF 63.40 FEET TO A POINT FOR CORNER; (L3) SOUTH 00°01'21" EAST, A DISTANCE OF 27.18 FEET TO POINT FOR CORNER IN THE NORTHERLY RIGHT-OF-WAY LINE OF BUCEES BOULEVARD (66-FOOT PUBLIC RIGHT-OF-WAY, INSTRUMENT NO. 2016-1, O.P.R.D.C.T.),AND BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS SOUTH 06°22'31" EAST, A DISTANCE OF 116.00 FEET; S:\SUR\0111915 Roanoke 35\30002 LRIMEXHIBITS\011191502-PD ESMT.docx Page 1 of 3 BURY EXHIBIT "A " VARIABLE WIDTH TEMPORARY DRAINAGE EASEMENT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 & GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191 CITY OF FORT WORTH, DENTON COUNTY, TEXAS THENCE, (Cl) SOUTHWESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BUCEES BOULEVARD,WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 1401'48", FOR AN ARC LENGTH OF 28.41 FEET,A CHORD BEARING OF SOUTH 76°32'22"WEST AND CHORD DISTANCE OF 28.33 FEET TO A POINT FOR CORNER; THENCE, DEPARTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BUCEES BOULEVARD, OVER AND ACROSS SAID 187.34 ACRE TRACT OF LAND, THE FOLLOWING CALLS: SOUTH 89058'39"WEST,A DISTANCE OF 92.44 FEET TO A POINT FOR CORNER; NORTH 00°01'21"WEST,A DISTANCE OF 118.75 FEET TO A POINT FOR CORNER; NORTH 70°35'24" EAST, A DISTANCE OF 107.51 FEET TO A POINT FOR CORNER; E j NORTH 45°00'00" EAST,A DISTANCE OF 18.38 FEET TO A POINT FOR CORNER; NORTH 00°00'00"WEST,A DISTANCE OF 355.12 FEET TO A POINT FOR CORNER; NORTH 90°00'00" EAST, A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 2.440 ACRES OR 106,285 SQUARE FEET OF LAND. I NOTES: THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE STATE PLANE COORDINATE SYSTEM (TEXAS NORTH CENTRAL ZONE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.999849393. l A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. �E •OF., /N r .. r E •PHY MIC „£38, •� sup 3 �6 3� S:\SUR\0111915 Roanoke 35\30002 LRIC\EXHIBITS\01 1 191502-PD ESMT.docx Page 2 of 3