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HomeMy WebLinkAboutContract 33882 CITY SECRETARY CONTRACT NO. �. *so 19 -Ob STORM WATER FACILITY AEA* y660 - 5 ,7,E MAINTENANCE AGREEMENT THIS STORM WATER FACILITY MAINTENANCE AGREEMENT ("Agreement"), made and entered into this day of Z Po og , by and between WAL-MART STORES TEXAS, LP, a Texas limited partnership, 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 9.472 acre tract located in E.H. Burke Survey, Abstract No. 160, Tarrant County, Texas according to County Clerk Document No. D204296013, Deed Records, Deed Records, Tarrant County, Texas and being more particulary described by metes and bounds in Exhibit"A"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 Site Plan for Wal-Mart Neighborhood Market#3419-00, W. Vickery Blvd. and Southwest Boulevard, Fort Worth, Texas, 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 storm water 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 Storm Water Management Facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns; and WHEREAS, the Facility shall be located on the 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 maintain the Facility at no expense to the City of Fort Worth in accordance with the design specifications for the Facility 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 `B". The Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "C", 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 whenever the City deems necessary. In exercising said rights, the City shall not unreasonably interfere with the Landowner's business operations. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, 2 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 acceptable to the City, the City, its authorized agents and employees, may enter upon the Property and take whatever reasonable steps necessary to correct deficiencies identified in the inspection report and to charge the out-of-pocket 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 out- of-pocket 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 the subject property 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 (OTHER THAN LIABILITY ARISING AS A DIRECT RESULT OF THE CITY OR THE CITY'S AGENTS NEGLIGENT ACTS OR OMMISSIONS) IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND 3 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 TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER, EXCEPT WHERE SUCH LOSS IS DIRECTLY CAUSED BY THE NEGLIGENCE OR INTENTIONAL ACTS OR OMMISSIONS OF THE CITY, ITS AUTHORIZED AGENTS OR EMPLOYEES. 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, and 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. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of Wal-Mart Stores Texas, LP ("Wal-Mart"), as Landowner 4 hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by Wal-Mart of legal title to the Property, save and except for any liabilities, indemnities and obligations of Wal-Mart as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. Executed this day of /,*20016 Landowner City Wal-Mart Stores Texas, L.P. City of Fort Worth a Texas limited partnership By: WAL-MART STORES EAST, L.P. By: a Texas limited partnership Marc tt Its General Partner Assistant City Manager By: WSE Management, LLC a Texas limited partnership Approved as to orm and Legality Its General Partner By: BJe i 0( Cynthia B. Garcia T Robert Stoker Assistant City Attorney Assistant Vice President ATTEST Approved as ,to legal tees only ` WAL-MART�LE L DEPT Marty Hendrix Date: pyo Jo4 2")& _ City Secretary After recordinglease return to: S' P Al & C: ti A DATE �B" City Of Fort Worth AGENT DOE Real Property Services Engineering Department 900 Monroe Street Suite 302 Fort Worth Texas 76102-6302 Contract Authorizatiosa Date .� 5 STATE OF TEXAS § COUNTY OF TARR-ANT § This instrument was acknowledged before me on by Marc A. Ott, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. �T v� F 1', H c:r..rl E i.}�llP M'(C( +iiv?I5:;10N EXPIRES �;;, << __0 Notaryublic, State of Texas / STATE OF i&y.*s Ayun 5`15 § COUNTY OF--��NzV?610-�§ Before me, the undersigned authority on this day personally appeared Robert A Stoker ,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 Assistant Vice President , and that he executed the same as its Assistant vice President and as the act of such Assistant vice Preskahtfor the purposes and consideration expressed in the foregoing instrument. ` n Notary Pu lic, State ofas -�/1LGi h1 5 MARIUM SEIDEL "NOTARY PUBLIC" State of Arkansas, Benton County My Commission Expires 813/2015 6 METES & BOUNDS DESCRIPTION Being a Detention Basin Easement situated in the E. H. Burke Survey Abstract Number 160, Tarrant County, Texas, situated in Lot 2, Block 1, Wal—Mart Neighborhood Market Addition, an addition to the City of Fort Worth, according to the plat thereof recorded in Cabinet A, Slide No. 9945 Plat Records of Tarrant County, Texas, said Detention Basin Easement being more particularly described by metes and bounds as follows: BEGINNING at o point in the Northwesterly right—of—way line of W. Vickery Boulevard (A variable width right—of—way) for the southeasterly corner of said Lot 2, Block 1; THENCE with the Northwesterly right—of—woy line of W. Vickery Boulevard, South 50'24'46" West, a distance of 23.08 feet to o point for corner; THENCE departing the Northwesterly right—of—way of W. Vickery Boulevard, North 84'37'36" West, a distance of 38.78 feet to a point for corner; THENCE North 39'55'01" West, a distance of 54.89 feet to a point for corner; THENCE South 87'26'44" West, a distance of 74.75 feet to a point for corner; THENCE North 02'33'16" West, o distance of 15.38 feet to a point for corner; THENCE North 38'08'02" East, a distance of 55.14 feet to o point for corner; THENCE North 68'40'43" East, a distance of 81.78 feet to a point for corner; THENCE North 87'24'51" East, a distance of 51.44 feet to o point in the easterly line of said Lot 2, Block 1; THENCE with the Easterly line of said Lot 2, Block 1, South 02'35'09" East, a distance of 118.60 feet to the POINT OF BEGINNING; CONTAINING a computed area of 0.329 acres (14,328 square feet) of land. Q a �F�F� - S e s / ooaa.oam nem 9ss..s.00 or GREGORY S. IFTLAN© *\ r,.>a;.............ea{ se�eee A."G) r e NOTE: AN EXHIBIT OF EVEN DATE ACCOMPANIES NOTE: THE BASIS OF THE BEARINGS CITED HEREIN IS THE THIS METES AND BOUNDS DESCRIPTION, BEARINGS SHOWN ON THE WAL—MART NEIGHBORHOOD MARKET ADDITION RECORDED IN CABINET A, SLIDE 9945, PLAT RECORDS OF TARRANT COUNTY, TEXAS. DETENTION BASIN EASEMENT WAL—MART NEIGHBORHOOD MARKET ADDITION AN ADDITION TO THE CITY OF FORT WORTH, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE NO. 9945, PLAT RECORDS, TARRANT COUNTY, TEXAS. Dunaway w e Associates, L. yor LwWomp 1501 Merrimac CYde,suite 100,Fort worth„TX 78107 Sheet 2 of 2 TeL i81n W&1121.Fax(817133&7437 NOTE: THE BASIS OF THE BEARINGS SHOWN HEREON IS THE LOT 1R, BLOCK 49 BEARINGS SHOWN ON THE W L—MART NEIGHBORHOOD RIDGLEA HILLS ADDITION CABINET A, SLIDE 7144 MARKET ADDITION RECORDED IN CABINET A, SLIDE OF P.R.T.C.T. 9945, PLAT RECORDS OF TA RANT COUNTY, TEXAS. �PP'C,�"tcGlS7Fq•� � 1 Q•��� FQ s�� — — — — — — — —�— — — — — — — — — – G` GPFGO'Rw S. 9FFLAND s' BUILDING r�\� SETBACK LINE � B p p 9 0 p 9 A i...l L Y•p••D•••• ( V\ A 7 p1� LOT 2, BLOCK 1 WAL–MART NEIGHBORHOOD ADDITION �t? I CITY OF FORT WORTH CAB. A, SLIDE NO. 9945 Y VOLUME .3492, PAGE 511 P.R.T.C.T. v v D.R.T.C.T. I � I co U I i 35' I �� ACCESS CAB A, e �� N8774'51 y SLIDE N0. I f 'V" 51.44' . E 9945 I N* N68fit 0 1.7 14,3iaCRES SQUAB FRETI rq NO2 33'16"W 15.38' S8776'44"WDo 74.75 � C5 ACCESS ESUT S50'24 CAB. A, SLIDE NO. 9945 \•�aO.�� 23 ' �� A I jX44 \ N84' f 6"W \ 36.78' �'v� 1 10' UTILITY ESUT / 0* CAB. CAB. A, SUDS N0. 9945 / I / LOT 3, BLOCK 1 WAL–MARTNEIGHBORHOOD ADDITION CAB. A, SLIDE NO. 9945 \ P.R.T.C.T. \ S'��p�� DATE: 09-22-05 NOTE: A METES AND BOUNDS DESCRIPTION OF SCALE: 1" m 60' EVEN DATE ACCOMPANIES THIS EXHIBIT. DETENTION BASIN EASEMENT WAL-MART NEIGHBORHOOD MARKET ADDITION AN ADDITION TO THE CITY OF FORT WORTH, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE NO. 9945, PLAT RECORDS, TARRANT COUNTY, TEXAS. DunawayPlanners su Associates L.P. I Landscape Architects "ey°'s 1501 Merrlmao chile,silo.100,Fore Worth,Tx 76107 Sheet 1 of 2 Tel:(8171335-1121.Fax:(817133&r437 Exhibit "B" CITY OF FORT WORTH STORM WATER 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. 8 Exhibit "C Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE i NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted 4 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- 9 Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation 10 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/15/2005 DATE: Tuesday, November 15, 2005 LOG NAME: 30FMA 4660 REFERENCE NO.: **C-21148 SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement from Wal-Mart Stores Texas, L.P., for Property Located in West Fort Worth (DOE 4660) A RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement from Wal-Mart Stores Texas, L.P., for property located in west Fort Worth. DISCUSSION: The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the owner, Wal-Mart Stores Texas, L.P. The maintenance of the facility shall occur at no expense to the City of Fort Worth. The storm water facility is necessary to limit storm water run-off generated in the development to pre- developed conditions and to reduce the possibility of flooding to residents downstream of the watershed. The facility is located north of Vickery Boulevard and west of Southwest Boulevard in west Fort Worth. The facility is located in COUNCIL DISTRICT 3, Mapsco 74X. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office Marc Ott(8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) Logname: 60SOUTHWEST Page 1 of 1