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HomeMy WebLinkAboutContract 46266 STORMWATER FACILITY (.-,0.K17RA T 10. MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of?P� . '� , 2014, by and between JDC Fort Worth, L.L.C., 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 44.195 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972, Alexander McDonald Survey, Abstract No. 786 and the E.B. Peter Survey, Abstract No. 1626, City of Fort Worth, Denton County, Texas and being part of a called 46.374 acre tract of land described in Warranty Deed to Federal Express Corporation recorded in Volume 4349, Page 1384, Deed Records of Denton County, Texas, and part of a tract of land described as Tract 1 in Warranty Deed to Federal Express Corporation recorded in Volume 4352, Page 99, Deed Records of Denton County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Construction Plans known as Plans for the construction of Paving, Grading, Drainage, Water and Sanitary Sewer Improvements to Serve FedEx Alliance 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 OFFICIAL RECORD VVY SECRETARY F u. MMTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 RECEI 1. 0 DEt, 18 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 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 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. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, 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, as 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 Denton County, Texas an affidavit identifying the property to be STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.09/10/2012 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 FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY 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 POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the pond area outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the pond area, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such pond area 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 Denton County, Texas, shall constitute a covenant running with the land, and shall be binding STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09110/2012 ,r m= Executed this r�, day of June, 2014, Landowner City of Fort Worth JDC FORT W RTH,L. , a Misso i 1' ited 1' ty company Name: Kevin R. Jones Fernando Costa Assistant City Manager Title: Manager Approved as to Form and Legality Assistant Cit_ttorney e��a,,,4- ATTEST o Sec�X4 61 0 �o 0 06� O O O 00 O� �woo !00 0000000P� STORM WATER FACILITY MAINTENANCE AGREEMENT rI � Rev 09110/2012 <<�0 )��rc�i�flnjn( 2114257.1 STATE OF TEXAS § COUNTY OF TARRANT § 26 /�1 This instrument was acknowledged before me on by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. o;tg: °?,,, EVONIA DANIELS ' �__ Notary Public,state of Texas My Commission Expires otary Public, State of Texas July 10, 2017 STATE OF MISSOURI § COUNTY OF JACKSON § Before me, the undersigned authority on this 29th day of May 2014, personally appeared Kevin R. Jones . Manager of JDC Fort Worth, L.L.C., a Missouri limited liability company, 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 said limited liability company, and that heMm executed the same as its Manager and as the act of such limited liability company and for the purposes and consideration expressed in the foregoing instrument. KATHLEEN NEEDHAM Notary Public - Notary Seal STATE OF MISSOURI NotAry Public, State of Missouri Jackson County My Commission Expires Apr. 12, 2016 Commission # 12413871 STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.09/10/2012 2114257.1 LEGAL DESCRIPTION 4.293 ACRES BEING a tract of land situated in the Alexander McDonald Survey, Abstract No. 786 and the E.B. Peter Survey, Abstract No. 1626, City of Fort Worth, Denton County, Texas and being part of a tract of land described as Tract 1 in Warranty Deed to Federal Express Corporation recorded in Volume 4352, Page 99, Deed Records of Denton County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod with "Carter Burgess" cap found for corner in the northwest right-of-way line of Heritage Parkway(a 120-foot wide right-of-way)at the southeast corner of said Tract 1; THENCE departing said northwest right-of-way line of Heritage Parkway, with the east line of said Tract 1, North 60°34'41"West, a distance of 787.13 feet to a point for corner; THENCE departing said east line of said Tract 1, South 79°34'32" West, a distance of 126.06 feet to the POINT OF BEGINNING; THENCE the following courses and distances: South 79°34'32"West, a distance of 220.00 feet to a point for corner; North 10 025'28"West, a distance of 850.00 feet to a point for corner; North 79°34'32" East, a distance of 220.00 feet to a point for corner; South 10°25'28" East, a distance of 850.00 feet to the POINT OF BEGINNING and containing 4.293 acres or 187,000 square feet of land. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT A NORTH POND ALEXANDER McDONALD SURVEY baF T ABSTRACT NO. 786 & �,� .• GiST q� E.B. PETER SURVEY, ABSTRACT NO. 1626 CITY OF FORT WORTH DANA BROWN .';• • DENTON COUNTY, TEXAS REGISTERED PROFESSIONAL D N BR WN� LAND SURVEYOR NO. 5336 ��� Kimley-Horn 12750 MERIT DRIVE, SUITE 1000 0 33 P: and Associates, Inc. DALLAS, TEXAS 75251 q' �F 5��� 'o� U 12750 Merit Drive,Suite 1000 Tel.No.(972)770-1300 v�y �{� Dallas,Texas 75251 Fax No.(972)239-3820 PH. 972-770-1300 .S•U R J \ Sr le Drawn by Checked by Date Project No. Sheet No. dana.brown @kimley-horn.com N/A SLJ DAB MARCH 2014 1 064464600 1OF2 PLOTTED BY JONES,STEPHANIE 615/2014 12:32 PM DWG NAME K:\DAL_SURVEY\064464600-FEDEX ALL IAN CE\DWG\064464600-FEDEX ALLIANCE NORTH POND ESMT.DWG LAST SAVED TAXowNY H N PARCEL N0' TH CITY OF FORT G*13 / ,40L.2931, PG. _ C 5/8"IRF W ��� E SET N79°34'32"E ® 25 g"' )054373 220.00' INST•140 D.R.00T. S 5/8"IRFC 0.5' 0 100 200 1 "CARTER BURGESS" 1 C:- GRAPHIC SCALE IN FEET G O As � w0 o� N NORTH POND LEGEND P.O.B.=POINT OF BEGINNING N 4.293 ACRES P.O.C.=POINT OF COMMENCING 1 IRFC =IRON ROD WITH CAP N 187,000 SQ. FT. D.R.D.C.T.N DEED RECORDS, Z N DENTON COUNTY,TEXAS o N ct REMAINDER N M ALLIANCE AIRPORT LTD. col OD VOL.2451,PG.412 o D.R.D.C.T. ' °o_ NAME CHANGED TO 0 ADL DEVELOPMENT,L.P. VOL.4352,PG.91 D.R.D.C.T. CA IRFC " ALEXANDER McDONALD SURVEY "CARTER BURGESS" ABSTRACT NO.786 E.B.PETER SURVEY ' \\� ABSTRACT NO.1626 S79°34'32"W � Ns " / REMAINDER 220.00' S79°34'32"W \�47 / CALLED 126.06' /% , *BURGE / 46FEDERAL ACRES O 5'PAVING SETBACK 8�7�. "EXPRESS VOL.3095,PG.242 CORPORATION D.R.D.C.T.VOL.4349,PG.1384 REMAINDER D.R.D.C.T. "TRACT 1"FEDERAL EXPRESS ��CORPORATION P,O,C 0•VOL.4352,PG.99 D.R.D.C.T. � NOTES �C EXHIBIT A All bearings shown are based on NORTH POND grid north of the Texas Coordinate System of 1983, North Central Zone ALEXANDER MCDONALD SURVEY (4202), North American Datum of 1983. OF ABSTRACT NO. 786 & GI TE E.B. PETER SURVEY, ABSTRACT NO. 1626 CITY OF FORT WORTH DANA BROWN DENTON COUNTY, TEXAS REGISTERED PROFESSIONAL A AB WN LAND SURVEYOR NO. 5336 •• ••• ,••• ••••• •• •• ••• ��� Kimley-Horn 12750 MERIT DRIVE, SUITE 1000 53 6 Pte,:: and Associates, Inc. DALLAS, TEXAS 75251 �q F •g g\c�'p� 12750 Merit Drive,Suite 1000 Tel.No.(972)770-1300 PH. 972-770-1300 •R• "�y \ Dallas,Texas 75251 Fax No.(972)239-3820 S U v 1.,A Scale Drawn by Checked by Date Project No. Sheet No. dana.brown @kimley-horn.com 1'=200 SLJ DAB MARCH 2014 064464600 20F2 PLOTTED BY JONES,STEPHANIE 6/5/2014 12:32 PM DWG NAME K:\DAL_SURVEY\064464600-FEDEX ALL IAN CE\DWG\064464600-FEDEX ALLIANCE NORTH POND ESMT.DWG LAST SAVED ammm A —1 ypzp pp (Ay m °o DrD-�zo ()r A C. vm°<nzxo; Mxmj �cai� x°mmzoml Vr ` �.i �f: �m �0 Z". 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W 9 (SHEET 1 OF 3) JDC FORT WORTH,LLC a CITY OF FORT VVORTI{TEXAS .Exss aecsrzr�o�x3 �...�axer� - Pn ----- ' . 0j Fm z�ZZ" n N N O N O U O H Q010 iO -- QTR � z tW hi v . — � m I.` c A� <Z -- --._ 60'RCP - > ffI mm _ 11 -- = Z�myiX� TO AXZmy - ° ,.. mm o A'TZmz FO ODOOi i x Z 6�0 Oy N Z�>�z D mpD-�Dp Z�M I=p.. o111-CV . 1�, f DD9 yZCy IZ-OC+ I�R��{ 3m+° r im�p � p mzi :AAA yy� T go c ioz z m m rY:zZn8:1 _ "m N-_, mix 1II I(II 1 3. ;-M"N 1 i o m m I A . i - rr Z z - � m�� m mA�mm - - — io joozo 1 mncok - - - � T N - - r _ ��♦ `—`__ —_- A_--_ - - D `yOD A o A rom ° �L)n 7AZ - I oz O p d om y A-1. ' 51-DIT • m 8 DO //�. • _ _ 1 ml m Z• �•� kI r cC 2 71 0 ^ ++ MAX MAX 0 dMW -f ZO 1� s o i E I 1 T 800 L. '.- v O 1 I - Tv o — --- -- ------- m N I--__- 4 Q y adco� o O -_--_ -_-_- ---__-, -----_--_— �> ppa b[yy �Ib rry,��,'�ITTI 8 oGiNI.aF of FEDEX GROUND(ALLIANCE KImley-Horn M. DETENTION POND PLAN PREPARED, ���and Associates,Ina x= DO (SHEET 2 OF 3) JDC FORT WORTH,LLC a CITY OF FORT WORTK TEXAS .wsuc shr�nur+�eEra,cm1r® .2.22.22.2 mm 0 09 0 O 0 Ri 0 63 0 n 2 n o s m a Z I;m 0 .Z 0 z I L m 11 0 ,m oz P z 192-2-22 a; 2 2 2 R 44 39 0 L 0 I.Lo wx w > X0 70 D 0 > Pg Z m z�oaum w9 at , en fi j2j 4NF A .1y maim 3 M .1 Z. >R L'- Z. 0, 6> Z; 'T a: 0 0o g 0 vm ->'0 Z. Gg�2.. 2 Z� .4— (,7J z Z '0 m z -A A 1.21 0 z 0 110 21 z z Z 0 -i -n **.'0;" m % > :-no wo m :Z : K -1 2 f A.>41 4 .1 Z I 0 v Z.>> T, °o= FEDEX GROUND ALLIANCE C=rl I(irnley-Horn X. LOT 1,13LOCK X DETENTION POND PLAN PREPARED FOR' and Associate%Inc. co a (SHEET 3 OF 3) JDC FORT WORTH,LLC CITY OF FORT NORTH,TEXAS 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 25%. 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 3 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 and shall remain in place after final acceptance of the facility. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted every 3 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.09/10/2012 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED 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 ponded water Location of Erosion Condition of trash guard MAJOR INSPECTIONS Condition of Pond Outfall Structure Condition of Spillway Condition of Pilot Channel Condition of inflow pipes & headwalls Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.09/10/2012