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HomeMy WebLinkAboutContract 39082 CITY SECRETARY CONTRACT ►VO. 9O$ STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this �%day of , Owl, by and between Duke Construction Limited Partnership, and Indiana limited Partnership, duly authorized to do business in Texas, 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 24.35 acre tract located in the Samuel Woody Survey, Abstract 1638, Tarrant County, Texas according to the deed recorded in Instrument No D208461764, 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 Fort Worth VA 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 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. S. 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 Rev.01/09/2007 3 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 2001 Landowner: Duke Construction Limited Partnership, City an Indiana limited partnership City of Fort Worth By: Duke Business Centers Corporation, an Indiana corporation, its �( g eral artner Fernando Costa dzyg��� Assistant City Manager By: Approved as to Form and Legality 3 Printed: . Assistant rty Attorney V i Title: ST ASI-C-16y Secretary �Ra r STORM WATER FACILITY MAINTENANCE AGREEMENT ,_ Rev.01/09/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on j�La/'$,aZot by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Au %tary Pub EVONIA DANIELS i• ,`; MY COMMISSION EXPIRES STATE OF INDIANA § ;;tip` July 10,2013 COUNTY OF {Aprr,', ion § Before me, the undersigned authority on this 1 day of February, 2009, personally appeared V ;C- Prts:GLO-� of Duke Business Centers Corporation, an Indiana corporation, the general partner of Duke Construction Limited Partnership, an Indiana limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that that he executed the same for the purposes and consideration expressed in the foregoing instrument. ()AfiLENE ROWLAND ►-" " C'2�— Johnson CountyNotary Public, State of Indiana . Commission Expires l�ovember 17,2012 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01/09/2007 "EXHIBIT A" DRAINAGE DETENTION FACILITY Part of 24.350 Acres Duke Realty Limited Partnership Samuel Woody Survey, Abstract No. 1638 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 1.021 acre tract of land situated in the Samuel Woody Survey, Abstract No. 1638, in the City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in General Warranty Deed to Duke Realty Limited Partnership recorded in Instrument No. D208289290, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows (Bearing system for this survey is based on a bearing of North 62 degrees, 18 minutes, 25 seconds West for the northeasterly line of S.E. Loop 820 (Interstate Highway 20), based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observations made April 29th, 2008 with an applied combined scale factor of 1.0001053): COMMENCING, at a 5/8-inch iron rod with "Sempco Inc." cap found in the northeasterly right-of- way line of S.E. Loop 820 (Interstate Highway 20) (a variable width right-of-way); said point being the southeast corner of said Duke tract and the southwest corner of Lot 113, Block 1, Shaw Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Page 598, of the Plat Records of Tarrant County, Texas; THENCE, in a northeasterly direction, along the east line of said Duke tract, the following four (4) calls: North 13 degrees, 08 minutes, 43 seconds East, a distance of 36.52 feet to a point at the beginning of a tangent curve to the right; Along said curve to the right, having a central angle of 06 degrees, 16 minutes, 14 seconds, a radius of 2,740.15 feet, a chord bearing and distance of North 16 degrees, 09 minutes, 53 seconds East, 299.74 feet, an arc distance of 299.89 feet, to a 1/2-inch iron rod with "PACHECO KOCH" cap found at the end of said curve; North 19 degrees, 19 minutes, 09 seconds East, a distance of 149.99 feet to a point at the beginning of a tangent curve to the left; Along said curve to the left, having a central angle of 24 degrees, 44 minutes, 28 seconds, a radius of 1,403.77 feet, a chord bearing and distance of North 06 degrees, 59 minutes, 10 seconds East, 601.47 feet, an arc distance of 606.17 feet to a 1/2-inch iron rod with "Brittain & Crawford" cap found for the northeast corner of said Duke tract; said point also being the northwest corner of that tract of land described in General Warranty Deed to Fossil Creek Realty recorded in Volume 13874, Page 472, of said Deed Records; THENCE, South 89 degrees, 49 minutes, 59 seconds West, along the north line of said Duke tract and the south line of that tract of land described in Special Warranty Deed to Tarrant County recorded in Instrument No. D205327969 of said Deed Records, a distance of 90.04 feet to a point for corner at the POINT OF BEGINNING; THENCE, South 00 degrees, 10 minutes, 01 second East, departing the said north line of the Duke tract and the said south line of the Tarrant County tract, a distance of 223.45 feet to a point for corner; SHEET 1 of 3 DRAINAGE DETENTION FACILITY (Continued) THENCE, North 62 degrees, 21 minutes, 25 seconds West, a distance of 361.00 feet to a point for corner; THENCE, North 00 degrees, 10 minutes, 01 seconds West, a distance of 55.03 feet to a point for corner in the north line of said Duke tract and the south line of said Tarrant County tract; THENCE, along the said north line of the Duke tract and the said south line of the Tarrant County tract, North 89 degrees, 49 minutes, 59 seconds East, a distance of 319.30 feet to the POINT OF BEGINNING; CONTAINING, 44,456 square feet or 1.021 acres of land, more or less. (A plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. ,,\ -0 F TF PSG\ RF. P t �� �c Zoo6 ERIC A. KREINER r;c A. Kreiner Date ��5320� P PacReistered Professional g Engineers,s),oInc.o. 5320 9�oF heco Koch Consulting g 8350 N. Central Expwy, #1000, Dallas, TX 75206 siiR� (972) 235-3031 285A4-08-143EX3.doc isa SHEET 2 of 3 TARRANT CO. EXHIBIT "All (INSTRUMENT NO. D205327969) 30' WATER LINE EASEMENT AND RIGHT-OF-WAY TARRANT CO. TO THE CITY OF FORT WORTH (INSTRUMENT NO. D205346768) (VOL. 12915, PG. 124) 1/2-INCH 30' WATER LINE EASEMENT IRON ROD TO THE CITY OF FORT WORTH 0 100 200 400 45' PRIVATE WATERLINE AND FOUND VOL. 10301, PG. 757) SEWER SERVICE EASEMENT AREA (RESERVED IN EXHIBIT 'B' OF S 89'49'59' W 45' PRIVATE SEWER SERVICE INSTRUMENT NO. D205327969) 90.04' UTILITY EASEMENT TO GRAPHIC SCALE IN FEET -0 P.O.B. D&KW FAMILY, L.P. Ui 1 (INSTRUMENT NO. 206040421) _ —783.54' _— �'I 54,fi5:- ELIJAH ROGERS SURVEY ABSTRACT NO. 1292. — N 89'49 59 E 319.30 W SAMUEL MOODY SURVEY, ABSTRACT NO. 1638 1/2-INCH IRON ROD W/'BRITTAIN do CRAWFORD- N 00*10'01" W s?,j)• O CAP FOUND (C.M.) 55.03' O N -�RON ROD FOUND LEGEND OO' N cV FOSSIL CREEK REALTY PROPERTY LINE (VOL. 13874, PG. 472) EASEMENT LINE DRAINAGE DETEN�TM 393�6 — EXISTING ESMT. LINE 1.021 ACRES - CENTERLINE (0 —�0 POINT FOR CORNER (44.456 SF) 6-24'44'28' .r (UNLESS OTHERWISE NOTED) R=1,403. 7' 1 (C.M.) CONTROLLING MONUMENT T=307.88' MOORMAN MEADOR CB=N 06'59'10" E (VOL. 13874, PG. 481) P.O.C. POINT OF COMMENCING CD-601.47' DUKE REALTY LIMITED PARTNERSHIP P.O.B. POINT OF BEGINNING (INSTRUMENT NO. 0208289290) (FILED: 07/24/2008) NOTES: 1/2-INCH IRON ROD .w 1. A legal description of even survey date herewith 0 6=06'16'14' W/"PACHECO KOCH' oo, accompanies this plat of survey. X R=2,740.15' CAP FOUND r rn Uj ro L=299. ' 2. Bearing system for this survey is based on a bearing of W CB=N 16T09 5310 E 2 North 62 degrees, 18 minutes, 25 seconds West for the CD=299.74' northeasterly line of S.E. Loop 820 (Interstate Highway 20), „O1 based on the Texas State Plane Coordinate System — NAD 00 83, North Central Zone 4202, based on observations made i n 62��� April 29th, 2008 with an applied combined scale factor of 3 N 13'08'43' E � 379'g0 1.0001053. a 36.52' LOT 1B N s? BLOCK 1 The undersigned, Registered Professional Land B5 Surveyor, hereby ys this ea t of (CA B.PG9 ) survey accurately out the metsand o4sis on bounds of the easement tract described. co co OFSTE TF •F, P.O.�:./ 2��8s y� `�G% Rio+9N o ' 10, W BSEMPCO IRON NC.ROD � /d/ZGr�B ..:................... q E` /" / ERIC A. KREINER --8? CAP FOUND (C.M.) Eric A. Kreiner Date . ..5320 ° . *0 Gjyb�O Registered Professional :q0 'flayT�,4y Land Surveyor No. 5320 9�O�FSStp.,�0 ,wgr)�0��\ SUit V� I DRAINAGE DETENTION N 0 0 FACILITY Pacheco Koch Consultin En ineers PART OF ACRES 9 9 DUKE REALTY LIMITED PARTNERSHIP a 8350 N. CENTRAL EXPWY. SUITE 1000 DALLAS, TX. 75206 972.235.3031 SAMUEL WOODY SURVEY, ABSTRACT NO. 163E w Z DRAWN BY I CHECKED 8Y SCALE DATE JOB NUBER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS w JSA EAK 1"=200 SEPT. 2008 2854A-08.143 SHEET 3 OF 3 DWG FILE: 2854A-08-143EX3.DWG (INSTRUMENT NO.2&271984) ( - ___(INSTRUMENT NO.D205327969) oTT _ _ —_—_ ,.,. � —_ --------- PROPOSED � � ,r r ua�va Y SEWER ruaoarz.¢ "..� .-,•- EA_SOLDIL._ _ --- — — ——-- --- —�.����1�-i.�i i-L�-�-- -- � ��� t - I 1 0 30 60 120 780 51-� \ 673 i I GRAPHIC SCALE IN FEET 3 I r \ \\ LOT 1,BLOCK 1 ( FOSSIL CREEK REALTY r t •.... PUKE CONSTRUCTION)UNITED VOL 72 A B� PARTNER 11ifr1RVNENT N0.9209289290) \� I Z / / �-� \\ VV\�4 \ 11 .�;jt�, 1 ( DycjNWOSTRIAL \ . - TILITY CAS By UTIS PLAT)EMENT( NOTE, ''•.� , • ,,,, ,i �� 11.`. ,..:i;��.. e` t 1; / �-,��- ^_,� LF24'44'28" - TRaCT u1,BLOCK 1 ' s t R-1,403.77' \\ DEE TIENHE ON TION LY PUBLIC GRADING SHOWN. `\ I L=608.17• ALL OTHER GRADING SHOVM IS PRIVATE. DAKW FAMILY,L-P. _ it :-"` t / II T=307.88• (VDL 1223J,PG 1665) � 1 24.350 ACRES tt(I,MO�707 SF) /`,..i il.,,�;•., •;; . N t / • OO atAQ:WVSiR =P LIMITED ' �� / I 'x CB=S 1.47'10'W \PARTI+ER4av "" ` C0=601.47• NO.D208289290) 07/24/09) ♦ . „•; '„ t„ / I b "� 20NED:I1IHT INDUSTRIAL '� a"P� i / OR %// MOORI/API NEAO WNt I �\ (VOL.13574,PO.481) Nam( FF=678.50 t e,�-t'` ;,.��.. i `�i' 1 / ' T=307.88' ( / \\} I = i i 1 y CB=S 06'5910'W C0=601.47' If / F (,�.MCC 'tt.l rq 0 - _ a _ _ H A •, S _ y R=3,849 72 s, L=694.03 \ \ 11/i o ,i _ 1't }i,., 4 149.99' T=347.96' CB=N BT30'40'W (GEED: L=693.93') CD � r : . 9 T=347.96' CB=N 6730'4W w �•._-.CD=693.09' _� PRELIMINARY (, S 62'20'47"E - \� _ ,699` '/ - �� NOT FOR CONSTRUCTION V 65.49' �.p\ THIS DOCUMENT IS ISSUED FOR THE '�� PURPOSE OF SCHEMATIC RENEW ONLYAND IS 0 OT INTENDED FOR PERMITTING, -BIDDING,NOR CONSTRUCTION PURPOSES. PLANS PREPARED UNDER THE DIRECT a' SUPERVISION OF C.JACK EVANS.P.E. O /i' TEXAS REGISTRATION NO.93840 U. /, ?� DATE:02/12/2009 In Of ..•Y r, \.':'. \\\ ."'1 6Y6'14'� /z U00R.AN MEADOR (VOL t 31.PG.509) Q _ R=2,740.15' /r(' - �� : LO M- S1� � $ bar T 19989'��/ i// BL( y -./ SHAW BENCH MARK LIST 4(00.40 $rp \ - CB-S 809�'W / `" l (CAB. 2 0� / :- Q CITY BM FOUND BRASS MONUMENT f8885(ON THE SOUTH CAMPUS DRIVE a �\ ` i •I W OVERPASS OVER LOOP 820(1-20)ON THE N.W.CORNER OF THE L—E G E N [� �? $ \® / W OVERPASS ON THE TOP OF THE WEST CONCRETE GUARDRAIL 6.4' 0 w. \ \ /� - / WEST OF THE WEST CURB 2.4'ABOVE THE WALK,ON TOP Of PPS POWER POLE IRS 7/2-INCH IRON ROD N /'IY MEADOR DODGE LI- THE CONCRETE GUARDRAIL) PROPERTY LINE S• m='" l / a / ONE STORY MASONRY NO. DATE REV/S/ON r, L9 LIGHT STANDARD -- 3o ELEV=702.83 Wv WATER IAETER PROPOSED FENCE ]AYPo �T1 9 w1Tv. Z X— EXISTING FENCE QY Lpi try WATER VALVE /�y, 9 _ 80 \\ SJ3'OB'43°W / / W E— UNDERGROUND ELECTRIC LINE "'Pqp �/� mm p \\ 36.52• / r a+� / Pacheco Koch Consulting Engineers BM/1 ❑"CUT SET ON THE NORTHWEST CORNER OF A CURB INLET Icv. IRRIGATION CONTROL VALVE i UNDERGROUND TELEPHONE LINE RD,4,4h ` L, `¢' "--662 0: 35 73`) m 60't WEST OF THE CENTERLINE OF THE DRIVE TO MEADOR ) -7 / € 8350 N.CENTRAL EXPWY. SUITE to0o DALEAS.TX,76206 972.235.3037 m CHRYSLER/JEEP CAR DEALERSHIP.(FIRST INLET WEST OF THE rN0 FIRE HYDRANT —c— UNDERGROUND CABLE LINE �C .°,hy \\ _ a�`" P t 11 y DRIVE ON THE NORTH SIDE OF THE WEST BOUND SERVICE ROAD C% CLEANOUT - -- EXISTING WATERLINE , \ I3 I m OF S.E.LOOP 820(I.H.20) 1mp� MANHOLE b PROPOSED DRAINAGE FLOW DIRECTION y�'qy ° p[V' \ ` GRADING PLAN EXHIBIT '"B" o ELEV=683.12 Tsc❑ TRAFFIC SIGNAL CONTROL 3 ut k o TSP• TRAFFIC SIGNAL POLE �O9 ♦�-_ /°.Q.\. I �` ' ;%. DEPARTMENT OF VETERANS AFFAIRS BMt 2 ❑"CUT SET ON THE NORTHWEST CORNER OF A CURB INLET TELEO TELEPHONE BOX FORT WORTH CLINIC m ON THE NORTH SIDE OF THE WEST BOUND SERVICE ROAD OF S.E. FLOOD LIGHT q q o LOOP 820(I.H.20).692't EAST OF THE CENTERLINE OF FP,. FLAG POLE 2301 SE LOOP 82O INTERSECTION OF THE WEST BOUND SERVICE ROAD OF S.E.LOOP m1 m 1120(I.H.20)AND RESOURCE DRIVE. Ct= TRAFFIC SIGN C/TYOFFOR -,WOf7711 TARR,4NTCOUNTY °T ELEV=679.59 o; J�3 DESIGN DRAWYV DATE SCALE NOTES F/LE NO, a\o o CJE JHB 2009 T"=60• EX-B 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 Rev.01/09/2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted 7777 77777 7777-7 77 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 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 O Rev.01/09/2007 ' \�� N 2779YY E WATEt FJrSEt$tIT . T,12-iRCIt Wpt Rsxr -R7pR ROD N ie'IgiY E D SO ,Op 200 300 . N TWO.E �S�'ar E $It V47•E w 558Y S 13'OB�3' cAP FouNO T/2-INp+iRWi Rm s 2rdtlr w. T� tao0 Atvt PANDA iz2s tbpr ,/2 WpR RRa4 RDD wfwas ND.6W5e +{i r asa (DY TNIS PUT) ^ -WATER EASTARtr w/wAa,Eca xoa+^ '�52 N 45W E Fo>iD `� teT NtiS PLAY) GRAPHIC SCALE IN FEET R- 2b'oo w .[�� CAP sEr ar '�4 fr \ �, tas+• �� tbta't,w N 53',52 E 1/9-NM WON ROD CAP SET W co Kw b/�8�-W�(��WON ROD wo+4P FORINU W/'SFTwDk INR' 1? TAIL_. 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Iiox, CDNTAcr. KIRtt TT,P.E. Loomt S I TARRii erry F F TE wo ` TOM s BAgtECC KOTR L EKP TlNG ENGJNEERS INC. P,�Ch@CQ bah COfI3Ult111�Eri iL eers 83SG N.CEk1TRAG(Et{PS4Y^$UITE it10Q L4 �oE�e�en�tDZCd3i$Z-5 9 z 2S3 1(PN2} sawoeNTeAR EwY. suTe,000 DAUAs rx rsApe ;hsTsua, a D72-23$-8S44(AAll ».1;4NMrr ctlFaFm;tr Mae .rgFM+l!�r M150 FCR RECORD IN CABINET_, SLIDE__, RR.To.T., DATE CONTALTa ERIC A KRppiAt _. - JNL11 EAK 1�.1DD' JAM.2DD9 28S�i-D8.t43 PN iitE 2as4A-rxi43 ONti 1REi 2es1AA�UD-14JFARLVIAIIr r DUKE CONSTRUCTION LBUTED PARTNERSHIP Duke Construction Limited Partnership performs general contracting and tenant finish work for Duke Realty Limited Partnership(not associated with a new lease or lease renewal) and for third-parties. Signature authority is by Duke Business Centers Corporation, its general partner. The following persons have authority to act on behalf of Duke Business Centers Corporation: Dennis D.Oklak Chief Executive Officer Steven R.Kennedy President Robert M.Chapman Chief Operating Officer Christie B.Kelly Chief Financial Officer Howard L.Feinsand Executive Vice President and Secretary James B.Connor Executive Vice President William J.DeBoer Executive Vice President H.Andrew Kelton Executive Vice President J. Samuel O'Briant Executive Vice President Kevin T.Rogus Executive Vice President Jeffrey D.Turner Executive Vice President Denise K.Dank Senior Vice President Ann C.Dee Senior Vice President,Deputy General Counsel Mark Denien Senior Vice President,Chief Accounting Officer Peter,D.Harrington Senior Vice President Keith J.Konkoli Senior Vice President Paul W.Meyer Senior Vice President James R.Windmiller Senior Vice President Mark J.Milnamow Senior Vice President Michael D.Pitts Senior Vice President Nicholas C.Anthony Senior Vice President,Fund Management W.Kerry Armstrong Senior Vice President,Atlanta Office _ Petter Berntzen Senior Vice President,Construction--Chicago - Region J.Christopher Brown Senior Vice President,Atlanta Industrial Jon C.Burger Senior Vice President,Cincinnati Group James T.Clark Senior Vice President,Columbus Operations James E.Clemo Senior Vice President,Real Estate Operations Manager David P.Hudson Senior Vice President,Houston Operations Douglas A. Irmscher Senior Vice President,Florida Operations Thomas R.Martin Senior Vice President,St.Louis Operations Patrick E.Mascia Senior Vice President,Minneapolis Operations Edward P.Mitchell Senior Vice President,South Florida Operations Jeff D.Palmquist Senior Vice President,Nashville Group Charlie E.Podell Senior Vice President,Indiana Operations Steven W.Schnur Senior Vice President,Chicago Office r Peter S.Scholz Senior Vice President,D.C. Operations Jeffrey B.Sheehan Senior Vice President,Raleigh Operations Jeff D.Thornton Senior Vice President,Dallas Operations EIizabeth C.Belden Vice President,Legal and Assistant Secretary Thomas A.Dickey Vice President and General Manager,Anson David P.Durm Vice President,Legal and Assistant Secretary Douglas E.Greer Vice President,Legal and Assistant Secretary Angela Hsu Vice President,Legal and Assistant Secretary Neal A. Lewis Vice President Tammi D.Parker Vice President,Legal and Assistant Secretary Tracy D.Swearingen Vice President Gordon W.Adkison Vice President,Construction Gregory N.Czarnik Vice President,Construction Drew Fredrick Vice President,Construction Gary M.Gleason Vice President,Construction Mark Hennessey Vice President,Construction Todd A.Johnson Vice President,Construction David A.Kross Vice President,Construction Paul F. Laird Vice President,Construction Mark Rapier Vice President, Construction Daniel P.MacNeil Vice President,Construction JeffcryAjWw. Vice President- C John Van Wet Vice President,Construction And such other officers or similarly situated positions as may be determined by the Chief Executive Officer. SIGNATURE BLOCK DUKE CONSTRUCTION LIMITED PARTNERSHIP, an Indiana limited partnership _ BY: Duke Business Centers Corporation,an Indiana corporation,i genneral partne By. / Prin Title: l"'e=s.D_u: 11-4k�UIXY - VIEW ENTITY Page 1 of 1 9-mz �, UCC I Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase Log out BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY Filing Number: 13836106 Entity Type: Foreign For-Profit Corporation Original Date of Filing: May 14, 2001 Entity Status: In existence Formation Date: N/A Tax ID: 13521239221 FEIN: Name: DUKE BUSINESS CENTERS CORPORATION Address: 600 EAST 96TH STREET SUITE 100 INDIANAPOLIS, IN 46240 USA Fictitious Name: N/A Jurisdiction: IN, USA Foreign Formation N/A Date: REGISTERED ASSOCIATED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name Title Address March 14, 2008 JOHN R GASKIN TREASURER 600 E 96TH ST STE 100 INDIANAPOLIS, IN 46240 USA March 14, 2008 HOWARD L FEINSAND SECRETARY 600 E 96TH ST STE 100 INDIANAPOLIS, IN 46240 USA March 14, 2008 ROBERT M CHAPMAN VICE PRESIDENT 600 E 96TH ST STE 100 INDIANAPOLIS, IN 46240 USA h 14, 2008 STPA1 3 R SHY ]PRESWENT 6 B 96TH ST STE 100 MTANAPOLIS,IN 46240 USA Order Return to Search Instructions: 4 To place an order for additional information about a filing press the 'Order' button. https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfiling_number=13836106&:Ndocume... 4/29/2009 lr�tl KY - VIEW EN 1TFY Page 1 of 1 #eta 11�T OfStatc. UCC Business Organizations 1 Trademarks Notary Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 12135411 Entity Type: Foreign Limited Partnership Original Date of Filing: June 11, 1999 Entity Status: Inexistence Formation Date: N/A Tax ID: 13518984235 FEIN: Name: DUKE CONSTRUCTION LIMITED PARTNERSHIP Address: 350 N St. Paul Dallas, TX 75201 USA Fictitious Name: N/A Jurisdiction: IN, USA Foreign Formation N/A Date: REGISTERED ASSOCIATED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name Title Address September 19, 2006 Duke Business Centers General Partner 600 East 96th Street, Suite 100 Corporation Indianapolis, IN 46240 USA Order Return to Search Instructions: • To place an order for additional information about a filing press the'Order' button. https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfiling_number=12135411&:Ndocume... 4/29/2009