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HomeMy WebLinkAboutContract 39015 ORACT STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of J�j by and between LNR CPI PRESIDIO APARTMENTS, LLC, a Texas limited liability company, 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 17.34 acre tract located in the William McCowan Survey, Abstract 999, Tarrant County, Texas according to the deed recorded as Instrument Number D207381129, 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 Presidio — Apartments 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 RECORD Ry STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.0 110912007 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: I The Landowner. or any Successor (as such term is defined in Section 8 of this Agreement), shall adequately construct and maintain the Facility at no expense to the City 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 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 the Facility is performing its design functions. The Storm Water Structural Control Maintenance Checklist, attached to this Agreement as Exhibit "D", is to be used to establish what good working condition is acceptable to the City. 2. The Landowner, or any Successor, shall inspect the Facility and submit a completed Storm Water Structural Control Maintenance Checklist to the City after such inspection. 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 Storm Water Structural Control Maintenance Checklist alone, with the corrective actions to be taken. The Landowner, and any Successor, 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, or any Successor, copies of STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev,OV0912007 the inspection findings and a directive to commence with the repairs if tn necessary, 4. In the event the Landowner, or any Successor, 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 Storm Water Structural Control Maintenance Checklist and charge the costs of such repairs to the Landowner, or any Successor. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's, or any Successor's. 5. The Landowner, or any Successor, 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, or any Successor, shall reimburse the City upon demand, within 30 days of receipt thereof for all actual costs incurred by the City hereunder upon the City's submission of an invoice to the Landowner. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City may impress a lien for the costs of such work upon other lots owned by 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, OR ANY SUCCESSOR, AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER, OR ANY SUCCESSOR, COVENANT AND AGREE AND DO HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL STORM WATER FACILIPf AVANT ENANCE AGREEMENT Rev,010992007 3 COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF THE OWNER OR ANY SUCCESSOR OF THE FACILITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE HEREWITH OR THE FAILURE OF THE CITY TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER 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. 7. Landowner, or any Successor, covenant and agree that no habitable building shall be erected within the drainage easement outlined on Exhibit "B" but this section shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner, or any Successor, covenant and agree that no habitable building shall be erected on the property within five feet of 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 Facility Property, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association (individually, a "Successor"). Landowner may assign this Agreement to any Successor, provided that: i the City has been given prior notice of such assignment-- ii) such Successor agrees to and does in fact assume in a written instrument delivered to the City, all of the obligations and liabilities of Landowner hereunder. and iii) the City provides its concurrence or such assignment, which concurrence shall not be unreasonably withheld. Upon such assignment, Successor shall succeed to all rights and obligations of STORM WATER EACH Ury MAINTENANCE AGPEPOIENT Rev 0110912007 Landowner hereunder for all purposes of this Agreement, and Landowner shall be relieved of any and all obligations or liability hereunder except for those provided in Section 6 that arise or occur prior to the assignment or transfer of this Agreement to a Successor. Executed this day of 20Lf . Landowner: LNR CPT PRESIDIO APARTMENTS, LLC, a Texas limited liability company By: LNR CPT A&D Holdings, LLC, a Delaware limited liability company Its: Member By: LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership Its: Member By: LNR CPT Fund, GP, LLC, a Delaware limited liability company Its: General Partner By:_ Print Name: Kenneth A. Kristofek Print Title: Vice President City: City of Fort Worth Fernando Costa Assistant City Manager D! r Approved as to Form and Legality STORM WATER FACILITY MAINTENANCE AGREEMENT Rev,0 1 iog,'2007 5 Assistant City Attorney eju Cent; C`C AuthorizatiOx ATTEST o is t D,ate City Secretary STATE OF TEXAS § COUNTY OF DALLAS § q This instrument was acknowledged before me this SE:� day of T-' '' -Iuaru 200X, by Kenneth A. Kristofek, as Vice President of LNR CPI Fund GP, LLC, a Delft-�vare limited liability company, as the general partner of LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership, as a member of LNR CPI A&D Holdings, LLC, a Delaware limited liability company, as member of LNR CPI PRESIDIO APARTMENTS, LLC, a Texas limited liability company, on behalf of said limited liability company. (S E A L) Notary Public in� nd for the State of Texas TERESA jANE LEWIS INotary ublic, �tate of Texas Name (print): 73-c--4- P ', W, w My Commission Expires: 1v ECC.R STORM WATER FACILITY MAINTENANCE AGPEEMENT Rev,01/009/2007 6 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of Ud '+ _ 2Q . e i otary Public in and for the State of Texas Kiy "° }*, r EVONIA DANIEL$ MY COMMISSION EXPIRES 9 `' July 10,2 #3 EXHIBIT "A" DESCRIPTION OF FACILITY PROPERTY [DESCRIPTION OF JUST THE POND AREA] STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev,04109/2007 EXHIBIT A DETENTION AND MAINTENANCE EASEMENT WILLIAM McCOWAN SURVEY,ABSTRACT NO. 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract of land situated in the William McCowan Survey,Abstract No.999 in the City of Fort Worth,Tarrant County,Texas, and being part of a 44.219 acre tract of land described in Deed to LNR CPI Presidio Apartments,LLC as recorded in County Clerk's Document No. D207381129,of the Deed Records Tarrant County,Texas(hereinafter referred to as DRTCT),with the herein described tract of land being further described as held on the ground by metes and bounds as follows: BEGINNING at the southeast comer of said 44.219 acre tract,same being the southwest comer of a called 84.774 acre tract of land (AREA#3),described in a Deed to LNR CPI Presidio Land,LLC as recorded in County Clerk's Document No. D207381128 DRTCT, same also being on the north line of a called 95.7455 acre tract of land described in a Deed to LNR CPI Presidio Retail, LLC as recorded in County Clerk's Document No. D207454225 DRTCT; THENCE West,along the south line of said 44.219 acre tract and the north line of said 95.7455 acre tract,a distance of 412.78 feet to a point; THENCE North, leaving the south line of said 44.219 acre tract and the north line of said 95.7455 acre tract,a distance of 0.35 feet to the point of curvature of a non-tangent curve to the right; THENCE westerly,with the curve to the right,a distance of 103.91 feet,through a central angle of 85'16'51",having a radius of 69.81 feet,and a chord bearing and distance of North 42'34'05"West, 94.58 feet to the end of the curve-, THENCE North,a distance of 34.39 feet to the point of curvature of a curve to the right; THENCE easterly,with the curve to the right,a distance of 166.18 feet,through a central angle of 138'59'50", having a radius of 68.50 feet,and a chord bearing and distance of North 69'29'55"East, 128.32 feet to the point of reverse curvature of a curve to the left; THENCE easterly,with the curve to the left,a distance of 54.76 feet,through a central angle of 104*35'34", having a radius of 30.00 feet,and a chord bearing and distance of North 86'42'03"East,47.47 feet to the point of reverse curvature of a curve to the right; E THENCE easterly,with the curve to the right,a distance of 91.15 feet,through a central angle of 43'31'14",having a radius of 120.00 feet,and a chord bearing and distance of North 56'09'53"East,88.97 feet to the point of reverse curvature of a curve to the left-, THENCE northeasterly,with the curve to the left,a distance of 140.58 feet,through a central angle of 67'07'22", having a radius of 120.00 feet,and a chord bearing and distance of North 44*21'49"East, 132.68 feet to the point of reverse curvature of a curve to the right; THENCE northerly,with the curve to the right,a distance of 8.40 feet,through a central angle of 04'48'56",having a radius of 100.00 feet,and a chord bearing and distance of North 13*12'37"East,8.40 feet to the point of reverse curvature of a curve to the left; THENCE northerly,with the curve to the left,a distance of 49.28 feet,through a central angle of 28'14'04", having a radius of 100.00 feet,and a chord bearing and distance of North 01'30'03"East,48.78 feet to the point of reverse curvature of a curve to the right; THENCE easterly,with the curve to the right,a distance of 199.00 feet,through a central angle of 161'43'36", having a radius of 70.50 feet,and a chord bearing and distance of North 68'14'49"East, 139,21 feet to the end of the curve; THENCE North,a distance of 121.89 feet to a point on the curving east line of a 30'Wide Drainage OF Easement, said curve being a non-tangent curve to the left; T­` 4PIS THENCE northerly,with the curve to the left,a distance of 24,22 feet through a central angle of ....-T 09'54'43", having a radius of 140,00 feet,and a chord bearing ng and distance of No 24*2608"East, S AM 24,19 feet to a point on the east line of a fore said 44,219 acre tract and the west line of aforementioned 84.744 acre tract-, ci THENCE South,along the east line of said 44.219 acre tract and west line of said 84,744 acre tract, a distance of 548,91 feet to the POINT OF BEGINNING and containing 2,7090 acres or 121,520 square feet of land; SURNEYOR f ENGOEER PIPP"'Mourim Kimley-Horn 11111111b.-I, and Assmiates, Inc. DW�W,T 7525 (97212394-=OFA�X Page I of 2 Contact=W .RPLS EXHIBIT "B" FACILITY DESIGN SPECIFICATIONS [ATTACHED HERETO] SHOULD ALSO LVCLUDE DEPICTION OF DRAINAGE EASEMENT AREAS DESCRIBED LV SECTION 7 OF THE AGREEMENT STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev,01/0912007 EXHIBIT B DETENTION AND MAINTENANCE EASEMENT WILLIAM McCOWAN SURVEY,ABSTRACT NO. 999 RESID/O CITY OF FORT WORTH, TARRANT COUNTY,TEXAS VISTA DRIVE LINE TABLE LINE BEARING LENGTH 60 L200 NORTH 0.35 30' DRAINAGE L201 NORTH 34.39 EASEMENT L202 NORTH 121.89 CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD C200 161*43*36" 70.50 199.00 N68*14'49"E 139.21 C201 28*14*04" 100.00 49.28 N01*30'03"E 48.78 -10' C1991--4 C202 4-48-56- 100-00 8.40 Nl 3*1 2'37"E 8.40 C203 67*07'222" 120.00 140.58 N44*21'49"E 132.68 C204 43'31'14" 120.00. 91.15 N56'09'53"E 88.97 C205 104*35*34" 30.00 54.76 N86'42'03"E 47.47 C206 138*59*50" 68.50 166.18 N69'29*55"E 128.32 C207 85'16'51 69.81 103.91 N42'34*05"W 94.58 LU C212 9*54*43" 140.00 24.221 N24'25*08"E 24.191 ¢N j 0- a CALLED 44.219 ACRES o1 00 o—K)o LNR CPI PRESIDIO APARTMENTS, LLC .a r` (n CJ W CC #D207381129 LO D.R.T.C.T. DETENTION AN a LU CL MAINTENANCE FL EASEMENT 0 2.7897 ACRES OR (121,520 SO. FT.) w z (D 6i 0 -Nk 04 WEST 1590.75' 1-200 N49*05'05"W 110.10, z WEST 412.78' 2c; A-CESS �AqFMENT CC #D2073331137 A'F Basis of Bearing is the Deed Lines R X , D J�C T as recorded in the deed to LNR CPI N84*00'54"w PRESIDIO RETAIL,LLC Recorded POINT OF 274.38' BEGINNING in D207381128 Deed Records Tarrant County,Texas. CALLED 95.7455 ACRES LNR CPI PRESIDIO RETAIL, LLC U, �tOF CC #D207454225 �x 0, tA ST I, A' D.R.D.C.T. *' W fRw TIRCN ROD WTH l*w r�-SE, w E k 1( �"lll >- IPF R."NMPEMM WC WN WCM WMIf CAP FOL-0 W L VOL VOLE Dori D-kT DEED RECC*�=OF-AWAW,=N-Y,TEEXAS SURIVEYM 1 FNGNEER J� ,11 P!"I.,- ,, C, Kmjey-Horn 0 190, 2CO L, ksmiates, Inc. GR"HIC SCALF-100' 12700 Pam C*,&.D4m Su'm 18W, 2)77 t�-,3w-na DmR",T r.12)M-382v:AX Page 2 of 2 r Th—m W,M–k-RPILS EXHIBIT ficto 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 Z:� 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 10 Rev,OV0912007 EXHIBIT IfIXt STORM WATER STRUCTURAL CONTROL MAINTENANCE CHECKLIST FREQUENT 1 REPAIRS REPAIRS NOTES INSPECTION DATE--I REQUIRED MADE 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 to Water Quality Structure I Type of Storin Water 1 Quality Structure Structure type and Condition Condition of Rip-Rap FCondition of filtiaition astem STORM WATER FACILITY MAINTENANCE AGREEMENT Rev,01,109/2007 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM VVATER FACIL"MAINTENANCE AGREEMENT 12 Rev,01109/2007 Dallas 1\5219973\4 48889--1 1012312008 Ivi qx r,v I c w ATTACHMENTS 2 0 R 01OVE P R E R T tucl-l" hupWapps,cf-w-net-or comuncill_ accket/mc re,,�iew,asp"71D,,�---1'41.."O&councilide�te,�--8/18,��ZIO,,,"'�)9 -Ao r � I � � ��� ��W��f1��� ��w�m�i&a0M'�9� � � � �f� v;(�✓,'',tor, �I�I��i�Pof� � � �,r� i ' w W r I �� r� ro•,�a`p�,�r�, r i v'' `��,�Xri� �iN"ll ��r�,�r„������i/�.. 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