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HomeMy WebLinkAboutContract 40581CITY SECRETARY CONTRACT NO, STORM WATER FACILITY MAINTENANCE AGREEMENT 13"I Jo THIS AGREEMENT, made and entered into this day of J , 2010, by and between REALTY CAPITAL RIVE SIDE, LTD., 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 Lot 2R-2-1, Lot 2R-2-2 and Lot 2R-2� 3, Block A of the Riverside Commercial Addition, an addition in the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded under Instrument No. D210097021 of the Official Public Records of Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner (or its successor and assigns) is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as WAG Development, Ltd. On Site Development Plans; Project No. 6334 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, on Lot 2R-2-2, Block A of the Riverside Commercial Additional, an addition in the City of Fort Worth, Tarrant County, Texas, STORM WATER FACILfTY MAINT�NANC� AGR�F:MF~NT Rev. 09l0812007 : 0`7-19-10 P03�21 IN 07-16-10 P02�58 IN according to the map or plat thereof recorded under Instrument No, D210097021 of the Official Public Records of Tarrant County, Texas ("Facility Properrty" ), Said Facility Property is also described by metes and bounds on Exhibit "Awl" and depicted on Exhibit "A-2" attached hereto; 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 Facility at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "A", 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 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 fanetions, 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 Gity, its aukhorized agents and employees, to enter upon the Property and to STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev, 01/0912007 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 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 014 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, successors and assigns obligation. 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 fall 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 AGRRES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE IaVENT THE FACILITY PAILS TO S70RM WATER FACIIrTY MAINTENANCE AGREEMENT 3 Rev. 01I08/2o07 OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES 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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE WITH THIS AGREEMENT, AND/OR ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE AS A RESULT OF (I) FLOODING OF THE DETENTION POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OR THE DETENTION POND, AND (3} FAFT. URI; OF THE DETENTION POND AND ITS BANK TO MEET THE CITY OF FORT WORTH CRITERIA OR TO CAPABLY PERFORM PURSUANT TO ANY OF THE LANDOWNER'S DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected on the Facility Property but this paragraph shall not preclude construction of other improvements upon the Facility Property, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the Facility Property 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 ] 00 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. Landowner also agrees that Landowner shall at all times comply with the Development and Owner's Agreement between WAG Development, Ltd, and Realty Capital Riverside, Ltd. as shown in Exhibit D. STORM WATER FACILITY MAINTRNANCE AGREEMENT Lt Rev. Oil0912007 [Signature Page to Follow] STORM WATER FACILITY MAINTENANCE AC3REEMENTrj Rev, Oi/09/2007 )s )ul Executed this day of_mum Vn Landowner; REALTY CAPITAL RIVERSIDE LTD,, A Texas limited partnership By; Realty Capital Corporation Its; er��al Partner z Lv . A�Ciic .7I ame; Title: Contract Authorizatiox 131 0 date OFI:iCIA� R�CCR® CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 0110812007 2010• c;ty: City of Fort Worth IIII Fernando Costa Assistant City Manager Approved as to Form Assistant City Attorney Recommended By: i i iam Ver est TP&W Director ATTEST STATE OF TEXAS § COUNTY OF TARK ANT § This instrument was acknowledged before me onj/ Y �,�L LO! U by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of For( Worth, EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 STATE OF TEXAS § COUNTY OF! k . § Notary Public, State of Texas This instrument was acknowledged before me on the + day of 73 , 2010 by as p�ffc't� of Realty Capital Corporation, General Partner of Realty Capital Riverside, Ltd., on behalf of said corp ation and limited partnership, tary Public -State of Texas S70RM WATER FACILITY MAINTENANCE AGRREMRNT Rev. 01109/2007 pp---{ T�7 30 9j lD 7 7 X y N < ? ti � Q d C7 O a o 3 N N nt E w o o' w 0 to Ka p• CL co 0 o M o C U) J 1 N to coCD -C °)rn rn�N�P 1 O) PQ O J N N tip v tQ tt� p N CD y Lo N CO W W co t9 c a)w�wNoN Q c OLD DENTON ROAD' , \I m Lu m G m z pu O m z N m z O •• - • PROPOSED . PLAT CASE No, 0i: I6641 N, RIVERSIDE DRIVE-� •- Exhibit "0 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 INnches 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 MAINTENANCElINSPECTION ® 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 9 Rev 01/09/2007 Exhibit "C" Storm Water Structural Maintenance CHEGKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE Mowin Remove Trash and debris Inspect irrigation _ system operation Remove grass clippings 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 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 10 Rev. 01/08l2007 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 ftev. 01/08I2007 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH COUNCIL ACTION: Approved on 7/13/2010 DATE: 7/13/2010 REFERENCE **C-24311 NAME: LOG 20ROWEREALTYCAPITALRIVERSIDE 0 NECODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement with Realty Capital Riverside, LTD., Located on Lot 2R-2-2, Block A of the Riverside Commercial Addition, (6641 North Riverside Drive) at No Cost to the City (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement with Realty Capital Riverside, LTD., located on Lot 2R-2-2, Block A of the Riverside Commerical Addition, (6641 North Riverside Drive), situated north of Western Center Boulevard and east of North Riverside Drive in north Fort Worth at no cost to the City. DISCUSSION: Realty Capital Riverside, LTD., will construct a storm water detention pond that will serve the planned subdivision known as WAG Development, LTD., located north of Western Center Boulevard and east of north Riverside Drive. This facility is necessary to limit storm water run-off generated on the property to pre -development levels. The maintenance will be performed at no cost to the City. The facility is located in COUNCIL DISTRICT 4, Mapsco 35V. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest P.E. (7801) Theresa Khammash (6349) ATTACHMENTS 5804_20ROWEREALTYCAPITALRIVERSIDE2.pdf