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HomeMy WebLinkAboutContract 37592r ' I � g[SEC- RETA RY ,r�°l/�1t11 CJ'VI`1 1'0 L!f41C T N0 / STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this IX -' day of , by and between ConAgra Foods Packaged Foods, LLC, successor by merger to ConAgra Foods Packaged Foods Company, VI 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 27.7 acre tract located in the S.A. & M.G.R.R. Survey, Abstract 1464, Tarrant County, Texas according to the plat recorded in Cabinet A Slide 11612, Plat 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 Railhead Fort Worth Phase IV 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 a portion of 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, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A"- ("Facility Property"); and � OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT .� Rev. 01 /09/2007 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 Storm Water 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 Storm Water 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 "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 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 01 /09/2007 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 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 01/09/2007 FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY 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. 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 Executed this day of 28 Landowner City ConAgra Foods Packaged Foods, LLC City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistanitity Attorn y ATTEST Contract Authorization gl �� , Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT , � 5 Rev. 01 /09/2007 STATE OF TEXAS § COUNTY OF TARRAIN T § This instrument was acknowledged before me on Fernando Costa, Assistant City Manager of the City of Fort of Fort Worth, MEl`!'tE LANE MY OOMMlS�:"4N EXPIRES Ally al& 011 STATE OF NEBRASKA COUNTY OF DOUGLAS �y 0 /haw, by Wo, on behalf of the City th Notary Public, State of Texas Before me, the undersigned authority on this S?j I day of 20D, personally appeared James G. Doyle , 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 ConAgra Foods Packaged Foods, LLC, and that he executed the same as its Vice President and as the act of such corporation and for the purposes and consideration expressed in the foregoing instrument. Mit1EfA OMiEiN General Notary Stalo of Nebiatka Comm!ulon EWR*s"26. 201 Notary Public, State of 'ems STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 01 /09/2007 THE 9 � 39 fILE � 00010.01-OETENTp4-BNDY.dp r �b �b 1 O 'b nib -� �` �� y �i m;1 ' N � N 0 €�I n sos e �' 8 inl y� v <-1 O �o� 4 ON� ��o ;m� Q�� N Z`� d�� �r3�r� N> 9 m� g�� � (at � D D s=y �b� b��i °� �s� m6� ��� yoH �nmy� O�> ti N D�� ��P m �m- NAp ro 1 AYM-.�O-1H91H , 061 �^ _' auvna�noa Wrx�vam �w`9n gOrA�l �OrA cn xw� yIIOv`i� 1 II p tl 37 Dlp� \ LpNmb HOAum �0.. �N NA��L mawwn �m� N� ryO •bn v _ O gwNn yO3 O.. mN O, _ ! - o x O ma on o� _� °'� _�Z1911 'l5 V'9tlO -_,�• n w ro � - - —_ o _ ,,. 9L 79 M. Zd, lf. 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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. STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev. 01/09/2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip - STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev. 01 /09/2007 Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT � 0 Rev. 01 /09/2007 r P i i _ "•a �'w ��5 �4 «�a _N r — cerJIL,z+p .n w• w \y OF m yaa' yig egg y !S f ©H s . � f \ \ 5 MECt �$7R \ IL �O CAP ps y� COP CEP I, CC TIC A „"y < 111 S . 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PsiA 4 Page 1 of 1 �, _ � � � � � � � � COUNCIL ACTION: Approved on 8/12/2008 DATE: Tuesday, August 12, 2008 LOG NAME: 30SWFMA CONAGRA REFERENCE NO.: **L-14618 SUBJECT: Authorize Execution of One Storm Water Facility Maintenance Agreement from ConAgra Foods Packaged Foods, LLC, for Property Located in North Fort Worth (DOE No. 5544) #�_ � .�� .yam. � �.�� _.�..� � ������ ti. � � _ �,�.�_--� .:. ,,� :�.,.w� �,�t� �. _ �.�_r.� z „��.v.._.. _....._. . �nti�__ .� RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement from ConAgra Foods Packaged Foods, LLC, for property located in north Fort Worth. DISCUSSION: The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of one detention pond facility by the owner, ConAgra Foods Packaged Foods, LLC. The maintenance of this facility shall occur at no expense to the City of Fort Worth. The detention pond will serve the Railhead Fort Worth Phase IV. This facility is necessary to limit storm water run-off generated in the subdivision to pre -developed conditions, and to reduce the possibility of flooding to residents downstream of the watershed. The facility is located north of Meacham Boulevard and east of Business 287 in north Fort Worth. The facilities are located in COUNCIL DISTRICT 2 Mapsco 48P. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (8476) A. Douglas Rademaker (6157) Jill D. Griffin (6253) http://www.fortworthgov.org/council�acicet/Reports/mc�rint.asp 8/14/2008