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Home My WebLink AboutContract 42345 CITY SECRETARY CONTRACT NO. L1 X�� STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of�� p ap�\ , by and between Texas Health Resources, acting by and through Jon M. Sullivan Jr., 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 0.35 acre tract located in Lot 4, Block 26, Jennings South Addition, Tarrant County, Texas according to the deed recorded in Volume 5353, Page 31, 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 Texas Rehabilitation Hospital of Fort Worth, 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 IFF`E'AL RECORD! STORM WATER FACILITY MAINTENANCE AGREEMENfi Rev 01/09/2007 01> -1 F' D : 8 I 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 to 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 channels or other conveyances built to convey storm water to the facility, as well as all structures and improvements 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, concrete paving and channels, 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 CONCRETE PAVING AND DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO FAILURE OF THE CONCRETE PAVING AND DRAINAGE CHANNEL 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 Rev 01/09/2007 Executed this 3e day of Sftoqw4c,u 20AA. Landowner City City of Fort Worth Name: Fernando Costa Title Jon M. Sullivan Jr. Assistant City Manager Vice President, ea s rations Approved to Form and Legality Assistant City Attorney �aoo'4c1 � ATTEST 7 �00 0000 V� 0. o o x City Se tart' 0 o dd 00 00000000 0 .Cy ajZ�11X ;r l=rac� Au or> iatIon � 0 - \1 nate IFTARY STORM WATER FACILITY MAINTENANCE AGREEMENT Rev 01/09/2007 �,. STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on o19 26 by Fernando Costa, Assistant City Manager of the City of Fort W rth, on behalf of the City of Fort Worth. EVONIAJnr SPU/• ommis IONIELS EXPI MY COMMISSION EXPIRES July 10,2013 otary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 2,3 r� day of uqus. - Za 11 2981 , personally appeared Soon M. Sul��Va-�.-�nyl(,t, Pr�sid�A', Rta.l Ls{a��OQ�ti^S known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of 7_e8j� ffeA ova-e� , and that he executed the same as its V1P, eta(LS+vl,OW iwwd as the act of such Tencel kt&I4kAS&1'%d for the purposes-and consideration expressed in the foregoing instrument. Notary Public(State of Texas �a�l1�NYoe►�IrN rt�eMMiM Sk sell I Q}►Fr-I�/�',,:,�b y.��RD STORM WATER FACILITY MAINTENANCE AGREEMENT Rev 01/09/2007 6 EXHIBIT "A" EASEMENT 0.35 ACRES STORM WATER DETENTION FACILITY SITUATED IN THE Jennings South Addition Being 0.35 acres of land, and being a portion of Lot 4, Block 26 Jennings South Addition, as described in Deed recorded in Volume 5353, Page 31, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron found at the Northeast corner of said Lot 4, Block 26, and also being on the West Right of Way line of Ballinger Street; THENCE South 00 degrees 01 minutes 27 seconds East, along said Right of Way line, a distance of 141.54 feet to a point for a corner; THENCE South 89 degrees 58 minutes 33 seconds West, a distance of 216.72 feet to a THD Monument Found, said Monument also being on the Westerly line of said Lot 4; THENCE North 56 degrees 49 minutes 38 seconds East, along the Northwesterly line of said Lot 4, for a distance of 258.84 feet to THE POINT OF BEGINNING and containing 0.35 acres of land. 2� .,4'.dr'•d wr�, J N E S gol � SCALE: 1"=60' `tib' I�R`G R(R G POB I FORS V�0 RP\�RoPo 1/2-IRON END. I GRP�O� tiya � <,- 0.35 Acres EASEMENT n I•�9 STORM WATER DETENTION FACILITY 0 Nk O STA TExAs MON S 89'58'33" W 216.72' VOL 601, PG. 2235 FND. M N D.R.T.C.T. 4 JENNINGS SOUTH ADDITION BLOCK 26 VOL. 5353, PG. 31 3 0 d BROADWAY ST ROW VACATED $ BY CITY ORDINANCE NO.18921-11-2009 I ---------- rn 0 0 Wo N 1 Q V � Q N > 0) 3 O� z z 2 O� w BLOCK 29 O� O a z HYDE JENNINGS SUBDIVISION OF OGS �JOOO�� z JENNINGS SOUTH ADDITION I 0&'\G`' P 6ti Q o VOL. 106, PG. 62 14 '�QG Q o P.R.T.C.T, J�5 X06•,�G a 3 JOS% Q' 0 m ��S OF T 13 4 P�•r,,\STE . �BIT »A" .GORDON S. SWIFT EASEMENT .........473............ . .. 0.35 ACRES STORM WATER DETENTION FACILITY JENNINGS SOUTH ADDITION GORDO S. SWIFT CONSULTING ENGINEER, INC. 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. Silt shall be removed and the drainage channel returned to original lines and grades shown on the approved engineering plans. NO STANDING WATER IS ALLOWED in drainage channel. 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. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed as applicable 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 8 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Remove Trash and debris Inspect concrete paving Violations Noted MINOR INSPECTION Condition of concrete paving Amount of ponded water MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Amount of ponding water STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev 01/09/2007 n-F�-Fo - ��'sa-Fo:osee.bl.sNvsd .aoc-,yw.rwm-uKon>�Vamlvr�l F. C F .r wlw Jill a ,m 6d E ej 2 . .. � . � � E w `i 1 I�:l o O.. a j� � ■_- � � W Ei . ��.' w - J i�8 Jj��B p '.a•1V�j ,VI � �ig _ E'Eei f[jI WWF fit �Ae 146 rn Ile- 4 Y Id G u � .-, .a - ___ c •`�`� p —ids aas��srrve s F /t>71. ).LAI000 5 1 bl cl0pllp 9 .IS011 3.L41600 •W SOAD S � Ll IOS-11-R1p1 TM--0 • - � .. .. \ R� jayy !y P �� _ ■ i � {ll!{{;t wow ,. i d s � r �t ii11 111i� J �,! • � 9 If Ilia0 kp Atli is :® .11::.1 . �wl - q� �t M&C - Council Agenda Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/20/2011 DATE: Tuesday, September 20, 2011 REFERENCE NO.: **C-25172 LOG NAME: 20ROWE6631SWFMA SUBJECT: Authorize Execution of a Storm Water Facility Maintenance Agreement with Texas Health Resources on Property Located at 425 Alabama Avenue, Jennings South Addition, at No Cost to the City (Council District 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with Texas Health Resources for property located at 425 Alabama Avenue in the Jennings South Addition, Block 29, Lot 1 R, at no cost to the City. DISCUSSION: Texas Health Resources is the owner of a 3.485 acre tract of land upon which it will construct a detention pond. The facility is being constructed to limit storm water run-off from their property to pre-developed levels. The detention pond will be located at 425 Alabama Avenue, Jennings South Addition. The terms of the Maintenance Agreement ensure proper maintenance of the facility by Texas Health Resources at no cost to the City. The facility is located in COUNCIL DISTRICT 9, Mapsco 76H. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for Cltv Mana er s Office b Fernando Costa (6122) Ori inatin�De�artment Head:_ Douglas Wiersig (7801) Additional Information Contact: Cloyde Jordan (2388) ATTACHMENTS 1. 6631_-20R-OWE6631SWFMA.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15714&print=true&DocType=Print 9/21/2011