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Home My WebLink AboutContract 43012N A CITY SECRETARY CONTRACT NO. 30 Ia STORM WATER FACILITY MAINTENANCE AGREEMENT 2-0 Alar4_,_ THIS AGREEMENT, made and entered into this day of , 2012-, by and between SHG Resources, L.P. a Delaware limited partnership, acting by and through its General Partner Leasehold Resource Group, LLC, 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 0.9065 acre tract located in the E.S. Harris Survey, Abstract 688, Tarrant County, Texas according to the deed recorded in Instrument No D210277357, 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 The Fort Worth Center of Rehabilitation Parking Lot Addition 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 STORM WATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX X 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 4 Rev. 01/09/2007 Executed this ,�) day of { a 2011. i Landowner: SHG partner Lease u JoWLvncl�iPre City City of Fort Worth �4-- Fernando Costa Assistant City Manager 'L.P., a Delaware limited partnership, by its general Group, LLC, a Delaware limited liability company Approved as to Form and Legality a,—: it, Assistant City Attorney ATTEST M+c- C - 2 5-61 �d 3 --4, .rZ 'A7t� "0000n 4? �0 O- 1 16,0 4� ftmO O� O O O O o o 'III. 7 10 cc) °°OO Ic ACI OFFICIAL RECORD CITY SECRETARY FT WORTHY TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 01/09/2007 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on M��2- 2,ZU /-L by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. EVONIA DANIELS 1 MY COMMISSION EX %" rii '' r Jutj 10, 2013 STATE OF TEXAS COUNTY OF ORANGE otary Public, State of Texas Before me, the undersigned authority on this a.5+ -k day of J ct vu,t ate, 20�, personally appeared Jose Lynch, President of Leasehold Resource Group, LLC, a Delaware limited liability company and general partner of SHG Resources, L.P. a Delaware limited liability partnership on behalf of the partnership and for the purposes and consideration expressed in the foregoing instrument. Please see attached for California Notary Language STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 L,-, t � Y—�� Notary Publid, tate oFtalifornia Certificate of Acknowledgment State of California } } SS. County of Orange } On January 25, 2012, before me, Michele J. Kaufman, Notary Public, personally appeared Jose Lynch, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 74 MICHELE J. KAUFMAN Commission # 1884217 z z .r Notary Public - California zz Z Orange County Michele J. Ka an, N tary Public M Comm. Expires Mar 27, 2014 Document: DOE #5804 — SHG Resources Storm Water Facility Maintenance Agreement City of Fort Worth Transportation and Public Works Department Right of Way and Easements EXHIBIT "A" STORMWATER DETENTION EASEMENT LOT 2 -R, BLOCK 2, MEDICAL CENTRE E. HARRIS SURVEY, ABSTRACT NO. 688 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 0.0225 acre tract of land, situated in the E. Harris Survey, Abstract Number 688, City of Fort Worth, Tarrant County, Texas, being part of Lot 2 -R, Block 2, Medical Centre Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 3599, of the Plat Records of Tarrant County, Texas, being part of a tract of land conveyed to SHG Resources, Inc., by deed recorded in Document No. D210277357, Official Public Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner in the northeasterly right -of -way line of the Fort Worth and Western Railroad, a 100 foot right -of- way, said rod being the Southwest corner of Lot 2 -R -1, Block 2, of the Medical Centre Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 1035, of the Plat Records of Tarrant County, Texas, said rod also being the northwest corner of Lot 2 -R, Block 2, of the Medical Centre Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 3599, of the Plat Records of Tarrant County, Texas, from which a 5/8 inch iron rod found bears North 55 023'20" West, a distance of 0.47 feet; THENCE, South 89 052'26" East, departing the northeasterly right -of -way line of said Fort Worth and Western Railroad, and along the north line of said Lot 2 -R and the south line of said Lot 2- R-1, a distance of 44.55 feet to the POINT OF BEGINNING; THENCE, South 89 052'22" East a distance of 30.00 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE, South 00 007'38" West a distance of 26.49 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE, South 66 °40'11" West a distance of 29.53 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE, North 23 019'49" West a distance of 7.30 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE, North 00 007'38" East a distance of 31.55 feet to the POINT OF BEGINNING, and containing 978 square feet or 0.0225 acres more or less. BASIS OF BEARINGS: The west Line of 12th Ave., (S22 027'32 "E), according to the plat recorded in Cab. A, Slide 3599, of the Plat Records of Tarrant County, Texas. '4A DALE R. WHITE Dale R. White R.P.L S. No. 4762 �9'� *� ; =s10 + ;0Q0 SHEET 1 OF 2 09/01/2011 'rp LS L% *** -k 25,475X � 5 lg R � \ LOT 2 -R -2, BLOCK 2 MEDICAL CENTRE CABINS T A, SLIDE 1035 PR TC T h \ � h �- - - -- - - - - - - 589'5111 7 455 11' R5 39 95 \\ CON NG _ - - _ _ - - - - - - - - - - - ` O CONTROLLING \ \ -- ___ -_ - -- 7 ro MONUMENT ONCOR ELECTRIC DELIVERY' r 1 yn \ I I COMPANY EASEMENT DOC NO. 209253861 \ 1 D \ L -J O.P.R.T.CT. \ S8952 26 E 44.55' rn ` `o_ w C � S00738 "W c \ mom\ L 4 - u. s 'n° LOT 2 -R -1, BLOCK 2 � MEDICAL CENTRE Z\ w�\ CABINET A, SLIDE 1035 \ P.R. T. C. T. \ SHG RESOURCES LP DOC. NO. 207120871 \ \ D. R. T. C. T. O 0 LEGEND POINT OF \ COM/IWNCING \\ POINT OF ` \ BEGINNING L 1 L2 \O YC /RS v NDTH ` EASEMENT 7045508 ;r. Z L� J N \ w \ o_ rn \ \ f \ S8952 26 E 44.55' rn ` `o_ O_ \ S00738 "W c \ mom\ L 4 N \ 29.53' n o+a \ N237949 "W � L6 Z\ w�\ 31.55' \ YC /RS \ \ N22'33'01 "W \ 31. 14' \ YCIRS \ �? v 2 �l O a tC*1 0 30 60 120 (FEET) 1 inch = 60 ft. S89 52 22 E 126.97' YC /RS S89 52 221E 199.90' STORMWA TER DE7EN770N ESMT. 978 SO. FT. 0.0225 ACRES A �} tf LOT 2 -R, BLOCK 2 MEDICAL CENTRE CABINET A, SLIDE 3599 P.R. T. C. T. SHG RESOURCES, LP QOCUMENT NUMBER D210277357 O. P. R T C. T. LINE TABLE LINE BEARING LENGTH L 1 S8952 26 E 44.55' L2 S895222 E 30.00' L3 S00738 "W 26.49' L 4 S66 40'11 "W 29.53' L5 N237949 "W 7.30' L6 N00738 E 31.55' NOTE ALL CORNERS ARE 112 -IRON ROD WITH BALE R. 'PJ� HITS �� N YELLOW PLASTIC CAP ...,..... -HI T,y..•�I � STAMPED "RLG INC" 4762 ♦e,: q ID s u f` ........ PROPERTY LINE 112" IRF/IRS ........ 112" IRON ROD FOUND /SET YCIRF ........ YELLOW CAPPED IRON ROD FOUND D.R. T C. T. .......I DEED RECORDS, TARRANT COUNTY, TEXAS O.P.R. T.C. T. ........ OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS Bosis of Bearings: THE WEST LINE OF 12th A VE., (S22 27 32 "E), ACCORDING TO THE PL T THEREOF RECORDED IN CABINET A, SLIDE 3599, OF THE PLA T RECORDS OF TARRANT COUNTY, TEXAS. Controlling Monuments: SHOWN RAYMOND L. GOODSON, JR., INC 5445 LA SIERRA, STE 300, LB 17 DALLAS, TX. 75231-4138 214 -739 -8100 rlg@rlginc.com F�/ TEXAS PE REG #F -493 TBPLS REG #100341 -00 I DALE R. WHITE R.P.L.S. No. 4762 09/01/2011 EXHIBIT "A » SHEET 2 OF 2 STORMWATER DETENTION EASEMENT LOT 2 -R, BLOCK 2, MEDICAL CENTRE E. HARRIS SURVEY, ABSTRACT NO. 688 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 011 - OMWW3H =rAS yy o NOLLIOOV 101 ONI>WVd SVX31 'H -LHOM 1HO-A ; N011bllllSVH3]H �0 a31N30 H180M 180--1 I ' � 7 [ i =1 gal �� j F'Ftt �y�kn l�l i i i� 1 i° Ej L : ii y ;if EY�eb O W x o €f J1!! a�: 00 4 o 6dE ��i[\ � {[ �� •�� ;ii is€ ji tii Val gill Nt T H iii as % i 11 lz M ii11 + 11 141i MH a �t ii ';l AJ!f m s J N c m o X �$I W r �I i l f hr 16 Ou Exhibit "C" 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. 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 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 10 CL qb um ........... ---------- Z Avouc ------------ - -- -------- ------- Ef.$T Ij ---- ------- I . . ........ ALorda0as I A ROA RAII- Z M &C Review Page 1 of 1 Official sire of the City of Fort Worth, Texas CITY COUNCIL AGENDA FOR F1 COUNCIL ACTION: Approved on 3/20/2012 DATE: 3/20/2012 REFERENCE ,C -25496 LOG NAME: 20ROWE5804SHGSWFMA NO.: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with SHG Resources, LP, for Property Located on Lot 2 -R, Block 2, Medical Centre Addition (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize execution of a Stormwater Facility Maintenance Agreement with SHG Resources, LP, for property located on Lot 2 -R, Block 2, Medical Centre Addition at no expense to the City. DISCUSSION: SHG Resources, LP, is the owner of a 0.9065 acre tract of land upon which it will construct a detention pond. The facility is being constructed to limit stormwater runoff from their property to predevelopment levels. The detention pond will be located on Twelfth Avenue Lot 2 -R, Block 2, adjacent to the Fort Worth Center of Rehabilitation Skilled Healthcare Facility. The terms of the Maintenance Agreement ensure proper maintenance of the facility by SHG Resources, LP, at no cost to the City. The facility is located in COUNCIL DISTRICT 9, Mapsco 79L. 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: FROM Fund /Account/Centers Fernando Costa (6122) Douglas Wiersig (7801) Additional Information Contact: Jill D Griffin (6253) ATTACHMENTS 5804- 20ROWE5804SHGSWFMA.pdf http: / /www.fortworthgov.org /council _packet /mc_review.asp ?ID =16521 &councildate =3/... 03/20/2012