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HomeMy WebLinkAboutContract 43884 CITY SECRETARY CONTRACT NO,, STORM WATER FACILITY MAINTENANCE AGREEMENT made and entered 'Into this day of r THIS AGREEMENT, �e I by and between acting by and through 4, r-1,AA in m- hereinafter referred to as "Landowner", and the City of Fort Worth,, hereinafter referred to as 44city,*'. WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately acre tract located in the Survey., Abstract W , .----V Tarrant County, Texas, according to the deed recorded inVolume "3 Page - Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is, proceeding to bu,ild o , and develop the Property o I according to the Site PlaiVSubdivision Plan known as MAMA ]j WCJF a 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 R t]D CITY SECRETARY STO RM WATER FACILITY MAINTENANCE AGREEME Rev.09/10/2012 FTw WORTH,, TX 11 -14-12 A07657 IN 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, he 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 Storrn 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,09/10/2012 t the 4. In the event the Landowner, its successors and assigns, falls o maintain Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever step s neces, to correct deficiencies identified in the inspection report and to charge the costs, of such repairs to the Landowner, its succes,s,o�rs 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 Lan dooh er'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'recelpt 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 in 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 MAIN'TENANT CE AGREEMENT 3 Rev 09/10/2012 F FAILURE OF NI NE R NER O ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE ON OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER DU TIES 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 and is would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, "Texas, shall constitute a covenant running with the land, and shall, be binding on the I-and owner its administrators, executors, assigns,, heirs and any other successors in interests, including any property owners association. [SIGNATURE PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10120,12 Executed this ` D010&(1 .�.� o Landowner w City o 'ort Wort, r Name! K"wdk Fernando Costa Assistant City Manager Title:� Approved as, to Form and Legality "10 0 Assistant City Attorney 0 F 0 0 a 0 00 ATTEST 000 00- 0 0 City S e retar 00000 S OFFOFFICIAL RECORD RE RD Ry CO] CITY SEC%;RETARY FT. WORTH,TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev 09/10/2012 STATE OF SEAS COUNTY OF TARRANT § 74 ZCjz--,,This instrument was acknowledged before me ors y Fernando Costa, Assistant City Manager of the City of:fort Worth, ors behalf of the City of Fort Worth. fi N. EVONIA DAN,IELS {,wrr+.rwr otar,COMMISSION EXPIRES y Public, State of texas STATE OF' TEXAS, § COUNTY OF TAINT fore me, the undersign authority on this day of 2 personal y appeared known to me to be the person whose name is subscribed to the foregoing 'instrument and acknowle e that the same %s the act of ,,. a that he executed the same as its and a� the act of such e ,� �� pi for the ser considerationlexpress,ed in the foregoing instrument. /k.,V"zh A UT Notary Public, State of Texas lottar, Pubh ,state f Texas jonuary , 2013 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev,091/10/20,12 EXHIBIT "All Description for a "Facility Property"' being across a portion of that certain tract of land described in deed recorded in Volume 8375, Page 342, Deed Records, Tarrant Texas, and being more particularly described as follows: k 1 �u Plaza, an BEGIN NING at the Northwest corner of Lot 1, Bloc , H�ug l�ey Memorial Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in D1211 1231875, said point also being in the East line of Medpark Drive; THENCE, S 012'07"112," E, 'wi'th the West line of said Lot 1, Block 1 and' with the East line of said Medpark Drive, 51�.88 feet, THENCE S 58024`41"W7 25.69 feet, THENCE S 44052'54'111 W11 333.201 feet, THENCE S 50006'3911 W 7 104.1 ' feet to the North line of Old Highway No. 1187; THENCE N 890430811 W, with the North line of said Old Highway No. 1187, 136.14 feet',-, THENCE N 53'57"21'" E 219.09,feleit- THENCE 1 44©41'03'1 El 322.,97 feet,, THENCE N 82020'4911 El 67.50 feet to the POINT OFBEGUNNING. STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.09/10/2012 CS Z3. R14 TD q> .......... rw� J. �j 50) 4) 4) no q), Cal Vi C4 8Q to C3 '0 CN Q zt, co, Q.5 03 9) U), Lyl Q Q u 4j- z Z Z Z z L L4 Vi -0 r V) Nil uj VZV7d MYOWtV A31n9nHl I X0018 "1 107' N "DPARK' DRM 26' INORM & E(;RESS EASEMEN T DIOCUA4ENT NO. D205 I J7694 le, OCIII lo/ el/ olo Ile il, lei Ife "Iell AF- 3LY0 A8 AOSM3& I rOAl LO011-d Aq-w uuy&4mulEu3 mmm We):.-W �7I�O�d � N b'7d Xl Hl&OM 1&O.� L=�•a• yMWO PPUDUU NNuWUW9 bZb7d 7bIcVOW3W 3NNVHD 1001 m �D�'f �♦ o�iNn`n� �Q tp (p �Q � �g� ♦ o N II hQ II ♦ II q�4 er=g @�,I n � ♦ w Il u QRTH N=N l• �3 � b I 1r,3 $� n Q j Z m o° Z I CQ Q V �1 O iy o 0 4 U 1U' O (j ME WO ME ME �a o� huu - =7AMr�1 ME Yb+Yi Y ►� N NICE_ A u r aid � list CIQ r I 11 a � r ~ ' w i . I 91 J \ \ \ 0> \ I l � (NOD i i IWO AS AUGA-b r✓C;/a X70 MI A3 SM[u IAGMlpr1Y ZWH nee I L006-d Aq-4V uuy a4-0 X1 H1 dom 1(VOd 760aL�(L`�16 371dO8d Nb'7d �,/"���/ �/]f J/�/ �/�/ ►- L l W J93"PAM hNI4VbS'M 09L Y L V 7d 7 V 1 U 0/y�/1 I� _ W a 1 w W '�„'.�'. .` IIB 73NN b'HO �f CN OMUUWW uo*l A3700nH q � n ,-U Op U y GO Li Obi IN CV cn o� A II vjp f lr ill Im z � II II H J O o 0 h boo W �? gill NP / VA IN "o—so v tr a Ito qc - POW+ N Wit t all Cl.in 1 s k - � VAX jow OW WAN JOW y l L' 33S—3FA� gLi'11► s rr - i OFF I r a FFF@ gFFF FFFI L I JIM-M 31N�►yt1! WAN w {q' I n i , s MEN � ^I .d IN 4� Exhibl't "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 remov di 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 ba,s,in 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,1 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 lc ca,l: regulations. Detention faci�lities, 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 M"All TENANCE/INSPECT'ION • 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 11 s primary components, mowing, and silt, litter and debris removal dates. Document aerati on of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance apd rep. air records shall be malinta'Ined by the party or parties signing the affache,d Agreement and shall be pro,v*lded to the Clity upon request. i � STORM WATER FACILITY'MAIN:ITEN:AN'CE AGREEMENT Riev, 09/10/2012 Exhib'I't "D" Storm Wate�r Structural Mal"ini tern ance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES M2��Atin , Remove Trash and debris Inspect irrigation system operation Remove grass cli in s Violations Noted MINOR INSPECTION Condition of' Pond Amount of silt in A ponu Amount of silt in flume Amount of' pondedi wt r Amount of wetland veg,etatio, 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 09/101120112 a Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration: Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.09/10/2012 Nf&C Review Page I of I Official site of the it of Fort Worth,Texas F 7 SOT 11 CITY U14I' IL GE IA COUNCIL ACTION, Approved on 8/7/2012 20ROWE SWFA **L-15411 DATE: 8/7/2012 REFERENCE, NO LOG NAME. HUGULEY CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT': Authorize Execution of a Storm Wate:r Facility "aintetrance Agreement with Adventist i Health System Sunbelt Healthcare Corporation for Property Located on 21.17 Acres of Land on the 11901 Block of Medpark Drive,, North of Old Highway FIVI 1187, Lot 1, Block 1, Huguley Memorial Plaza, at No Cost to the City (COUNCIL DISTRICT 8) 11-i - -- -i" . I NO WON-000110 W NOW RECOMMENDATION: It is recommended that the City Council aulthodze the execution olf'a Storm Water Facility Maintenance Agreement with Adventist Health System Sunbelt Healthcare Corporations, property located on 2`1.17 acres of land on the 11901 Block of Medpark Drive, north of'Old Highway FM 1 187s Lot 1, Block 1, Hluguley Memorial Plaza, at no cost to the City. DISCUSSIO 0 NO, Adventist Health System Sunbelt Healthcare Corporation, is the owner of a 21.17 acre tract of land upon which it will construct a drainage channel. The facility, is being, constructed to limit storm water runoff to pre-de velopeld levels. The drainage channel, will be located along the 11901 block of Medpark Drive, north of Old, Highway FIVI 1187. The terms of the Maintenance Agreement ensure proper maintenance of the facility by Adventist Health System Sunbelt Healthcare Corporation at no cost to the City,. The facility is located in COUNCIL I ISTRICT 8, Mapsco,119K. FISCAL, INFORMATIONXERTIFICATION: The Financial Management Services Director certifies that this, action will have no material effect on City funds. T uund Acr, Q mv it o niters FROM Fund/Account/Centers Submlitted for City Mgnpg-%r!k 0 4;,q- Fernando: Costa (61'22) Qr1gLnat1jngL op Douglas W. Wiersig P.E. (7 1801) mrtmvpt Readt Ad.dft ftwfpf, atl o -.,r ontaqt: Laura B. Chavez (2311) ATTACHMENT$ 6,688-20ROWE HUGU'LEY MEMORIAL, PLAZA CITY PROJECT NO 01747.pdf http,//www.,fortworthgov.or�cOLinc,ll_packet/mc—review.a '?[D=16769,&councilda,t,el=8/... 08/08/2 2 *,MAYOR AND COUNCIL COMMUNICATION MAP O WE HUGUL E,Y MEMORIAL PLAZA CITY PROJECT NO, 01747 I ­ 6. - - . ........I_ - CLEBURN,�,_,�,,_ I I C4 1 �.� [ , �., .......... OU MCPHFac,^.. CLARK tls'n o�f applIcable,Niws, ER 14--l" 'Copynght 2011 City of Fort Worth. Unauthorized reproduction is a vt6a This product lis for informational purposes and'may not have been prepared for or be suitable TE b for legal,engineering,,or s u,rveyi in purposes.It does not represent ani on-t hie-ground s urvey and represents only the approximate,relative location of property boundaries, The arty of Fort Worth assumes no responsibility for the accuracy of,said data,, L OAK GROVE RAI�C�01 VE STU 1!1" ...............N Y, 01 U. 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X 0 % _00 .0 C1, _,HIDDEN CREEK Bu u son,,, 16-0 >1 D do P); M pf 17 ROAD 17 ............ d A B-Ha A* 3. 34 Ai oo” Cross Timbeir aldild"11111 Fiffm Uj J, cc It ......... 0 31,000 61000 1210,00 ®R -IN 0 200 4010 800 'Feet 1w WON snow VIA DOE#6688',CITY PROJECT#011:747 A L w,t DETAIL OF PROJECT LOCATION LOT 1,BLOCK 1, HUGULEY MEMORIAL PLAZA 0211231875, PR,T,C.T