HomeMy WebLinkAboutContract 49930 MY SECRETARY
CONTRACT NO.
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
k,kl,
THIS AGREEMENT, made and entered into this ray of NQ1o6c-
p ( , by and between Bimbo Bakeries, 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 40.28 acre tract located in the William K. Hudson Survey, Abstract No.
732 and the John D. Hudson Survey, Abstract No. 741, Tarrant County, Texas according
to the deed recorded in Volume 388/137, Page 79, 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 Renovation to Existing Bakery
Facility 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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITE?'SECRETARY 1
Rev.11/17/2016
FT 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 2
Rev.11/17/2016
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
stets 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 3
Rev.11/17/2016
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.11/17/2016
Executed this day of d- 20 17
Landowner City of Fort Worth
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me: P(,.,,,. T k.9 jV— Jesus J. Chapa
Assistant City Manager
Title:
Approved as to Farm and Legality
Assistant City Attorney
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4541 CAty Secretary
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.11/17/2016
State of Pennsylvania )
County of Montgomery )
Before me,the undersigned authority on this 13th day of October, 2017, personally appeared Stephen J.
Mollick, 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 Bimbo Bakeries USA,and the he executed the same as
its Sr. Vice President Finance and as the act of such act and for the purposes and consideration
expressed in the foregoing instrument.
Notary Public,State of Pennsylvania
Commoa VE.ALTH OF PENNSYLVANIA
14TARIAL SEAL.
LINDA M.SCHEUERER,Notary Public
Horsham Township,Montgomery County
My Commission Expires June 24,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on` Z f7 by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
MARIA S.SMCHEZ
My Notary ID#2256490
ires Deoember 19 2021 Not/ry Public, State of Texas
�P
STATE 01 TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
20_, personally appeared
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
, and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, State of Texas
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/17/2016
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
MFL-�
Janie S. Morales
Development Manager
10TOPOGMPHICLEGEND
LOYALTY INNOVATION LEGACY EXHIBIT "�'1 APPROXIMATE SURVEY LINE
1400 EVERMM PARkWAY,Sr.197-FT.WORTH,TEXAS T614o - PROPOSED TRACT
TELEPHONE:(517)744.7512•FAX JIM 744-7546 TARRANT COUNTY,TEXAS R SUBJECT PROPERTY
TEXAS nW REOIBTIIATIM NO.1004M ROAD WAY
WWW.TOPOGPAPMC.COM DETENTION EASEMENT _ CIL ROAD
TOTAL AREA:91,522 SQUARE FEET OR 2.10 ACRES X— FENCE LINE
LINE TABLE — OHE- OVER HEAD POWER LINE
LINE BEARING DISTANCE —SS---"- SANITARY SEWER
1 r S 84'28'37'W 466.82' —UGE--— UNDERGROUND ELECTRIC LINE
2 N 20'27'38'W 47.42' iD STORM DRAIN
3 N W26'33'W 140 00' IRON ROD SET
4 N 89'28'37'E 448.24'
5 S 00°28'40'E 143..24'
6 S 19'24'52'W 44.47'
-_ I' e•p_ 9y
77
SCALE: 1' = 100'
Ii
--�5- - -- 41; WW W W 0` w iw
W W W W W W --W -, —
1 1
1
1 1
1 1
1 1
1 DETENTION EASEMENT
1
1
1 1 L5IAITS of too YEAR
1 TOTAL AREA: I FLOODWAY EASEMENT
91,522 SQUARE FEET
OR 2.10 ACRES POB.
6 X 91.61
\/ Ws24C!
I 1R'IRON ROD SET FROM
WHICH A 1•IRON ROD FOUND
BEARS N o1'Y7'OB'E-5.08'
I y
I
LOT 3-R-1,BLOCK 5 I /�
CARTER INDUSTRIAL PARK ADDITION
VOLUME 388-134,PAGE 79,
P.R.T.C.T
I
I
I
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OF aT
F
RIK A
rE& .. � . .e.
ORIGINAL DOCUTAE14T SIZE 05—X 11• • °OF£$5 .O
AJ L EEAR'LN'GSD(STANCES,ACREAGES AND COORDI4ATE VALUES CONT AJNED
DETENTION HEREN,ARE GRD BASED UPON THE TEXAS STATE PLANE COORDINATE O•••'"••••
SYSTEM NORTH CENTRAL.ZONE US.SURVEY FEET NORTH AMERICAN DATURA s u R�
EASEMENT CERTIFICATION IS MADE ONL Y TO THE LOCATION OF THIS EASEWENT.{N
RELATION TO THE EVIDENCE FOUND DURING A FIELD SURVEY,MADE ON THE
GROUND.UNDER MY SUPERVISION.ONLY UTILETIE&EA iEMENTS THAT WERE
WSMLE ON THE DATE OF THIS SURVEY,WITHINAAU kOINING THIS EASEMENT,
HAVE.BEEN LOCATED AS SHOWN HEREON OF WHICH I HAVE KNOWLEDGE IRS _
DATE: 10/24/17 CERTIFtCATN3N IS LIMITED TO THOSE PERSONS OR ENTITIES SHOW%ON THE
FACE OF THIS PLAT AND IS NON TRANSFERABLE,AND MADE FOR THIS S.ERIK DUMAS,R.P.L.S.NO.5371
TRANSACTION ONLY.
FILE:�9eoB a�I�a sE IOE�
ADJOIN ER INFORMATION SHOWN FOR INFORMATIONAL PURPO5ESON-Y SURVEYED ON THE GROUND:OCTOBER,2017
6 O L M 0 0=BEGINNING OF LINEIPOLNT OF BEGINNING
E OL P.O.E.=IED OF LINUPOINT OF EXIT' FiM 1101! Of even date thW plat.DRAWN BY: TAw OR T C T=DEED RECORDS TARRANT CO NTY.TEXAS
L,I O?.R.T.C,T.=OFRUX,.PUBLIC RECORDS TARRANT COUNTY.TIEXA..
SHEET 1 OF 2 P R T C.T.•PLA7 RECORDS TARRAW COUNTY T€RAS
_.. _ 8:11 AVE110MM0 UWW.MhM SARIN EXPANlK11M0144,FROM CT6MO OOIO M11WI E6.)IIR6 6ANM EXPANS N WTEMRON_A6Q01DEMItM"11 M77 T.MAT PM W.Wft 1
EXHIBIT"A"
TARRANT COUNTY, TEXAS
DETENTION EASEMENT
October 24, 2017
Sheet 2 of 2
A 2.10 acre tract, being a part of Lot 3-R-1, Block 5, Carter Industrial Park Addition, as shown on the
plat recorded in Volume 388-134, Page 79, Plat Records, Tarrant County, Texas, (P.R.T.C.T.), said
2.10 acre tract being more particularly described by metes and bounds description as follows:
BEGINNING (P.O.B. X=2332291.61, Y=6916242.40)at a point North 50°09'45"West, a distance
393.68 feet from a 1/2" Iron Rod for the Southeast corner of said Lot 3-R-1
THENCE South 89028'37"West, a distance of 466.82 feet; North 20027'38" West, a distance of
47.92 feet;
North 00026'33"West, a distance of 140.00 feet; North 89028'37" East, a distance of 498.24 feet;
South 00028'40" East, a distance of 143.24 feet; South 19024'52"West, a distance of 44.47 feet to
the
PLACE OF BEGINNING and containing 91,522 square feet or 2.10 acres.
All bearings, distances, acreages and coordinate values contained herein are grid, based upon the
Texas State Plane Coordinate System, North Central Zone, of the North American Datum 1983, in
U.S. Survey Feet.
Plat of even date accompanies this field note description.
OF T
P °15Tf °�4-
S�E° K DU
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�Oe°S U IR
Topographic Land Surveyors
1400 Everman Parkway
Suite 197 S.ERIK DUMAS,R.P.L.S.No.5371
Fort worth, TX 76140 SURVEYED ON THE GROUND:OCTOBER,2017
S%%)R4EV&*A0 W1MRIE8QARS RAMS EJO'ANS*WNAL_PR0DWTW0-*MS0 tM�RIES_MRS BAEtDS EXVARSID"_DE7E"TI0_EASEMENM11.DVVG 11MM7 a.G V PM en>s6�
71 a 'j N
- 717 - ---- 717 -'� 716
- -715-
1 -714-
713 -
712 K�� 0 50' 100'
711 C
-711 __ J
---- (714
FLARED END 712 100'
- OUTLET I SCALE: 1" =
"SECTION -713 - CONTROL-
714-
ONTROL-714- STRUCTURE
-_._ 1' 715• ---- -�`
7g-
•
1' + �
za
EXHIBIT B - DETENTION POND PLAN
s BIMBO BAKERY USA
e
RENOVATION TO EXISTING BAKERY FACILITY
7301 SOUTH FREEWAY FORT WORTH,TEXAS 76134
EXISTING FLOW PROPOSED FLOW
s
a
EXISTING DRAINAGE AREA=12.52 AC TOTAL PROPOSED DRAINAGE AREA=13.16 AC
C=4.1 5(0.9)+8.37(0.3)=0.50 C=7.39(0.9)+5.77(0.3)=0.64
12.52 13.16
= T, =22.84 MIN T, =17.59 MIN
Q, =12.52(0.5)(2.61)=16.29 CFS Q, =13.16(0.64)(3.04)=25.49 CFS
Q5 =12.52(0.5)(3.95)=24.67 CFS 05 =13.16(0.64)(4.51)=37.82 CFS
/ Q,00=12.52(0.5)(6.62)=41.34 CFS Q100=13.16(0.64)(7.46)=62.54 CFS
3 `Til
a OUTLET CONTROL STRUCTURE STAGE STORAGE TABLE
a EMERGENCY OVERFLOW @ ELEV=713.50 WATER LEVEL STORAGE
2'-6"WEIR @ ELEV=711.52 1 YEAR STORM=711.93 18,850 CF
12"x 25 1/2"ORIFICE @ ELEV=708.85 5 YEAR STORM=712.40 30,368 CF
INV ELEV=708.85 100 YEAR STORM=713.36 55,649 CF
a�
fO�100 YR WL 713.36 2'-0" EL 713.50(EMERGENCY OVERFLOW)
5 YR WL 712.40 2'-6-
1 YR WL 711.93
'-0"1YRWL711.93
EL 711.52
(5 YR&100 YR CONTROL)
e
2
EXISTING
s 36 DIA.CULVERT
INV=708.75 12"H x 25-112"W ORIFICE
s (1 YR CONTROL)
EL 708.85
cO
0
8" 5-0" 8"
e
B EXHIBIT B - OUTLET CONTROL STRUCTURE -
FRONT ELEVATION
NOT TO SCALE
F E
a^
a�
725I I 725
ARBA ROPO' ED
_ INL T RADE _ I _ 100 YEAR LEVEL=7'3136 ! OUTL T
720 —� 5 YEAR LEVEE=712. 0 CONTROL
720
1 YEAR LEVE =711. 3 STRU TURE
715 - -- - --- - 715
--- -- -
710 7 0
iINFLo PIPE
ELEV= 12.15 EXISTING ELEV 708.85
— GRADE
705 - - - - - --
705
ELEV= EL V=
442.74' 708.75 70 .50
700 700
PROFILE
HORIZ:1"=100'
VERT:1"=10'
F 740 i I 740
L
730 —i I 730
72015:T 1 .1 f _ - 720
t
710 - w I ~ 710
a ? EXISTING) i
700 a GRADE - �, - 700
g
69083. 7' 101.77- 690
g 680 L 680
SECTION A-A
HORIZ:1"=30'
VERT: 1"=30'
s EXHIBIT B — DETENTION POND PROFILE & SECTION
E BIMBO BAKERY USA
RENOVATION TO EXISTING BAKERY FACILITY
7301 SOUTH FREEWAY FORT WORTH,TEXAS 76134
a�
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
Rev.11/17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
MowingI
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-
Ra
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/17/2016
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 0
Rev.11/17/2016