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HomeMy WebLinkAboutContract 46515 CITY SECRETARV '16 5 I � CWTRACT W0. DOE# STORM WATER FACILITY MAINTENANCE AGREEMENT THIS STORM WATER FACILITY MAINTENANCE AGREEMENT (the "Agreement'), is made and entered into as of nkcjcc , I j , 2015, by and between KTR FW I LLC, a Delaware Limited Liability Company, hereinafter referred to as the "Landowner", and the CITY OF FORT WORTH, hereinafter referred to as the "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property legally described as Lot 2R, Block 2, Railhead Fort Worth Phase IV, being a revision of Lots 1 and 2, Block 2, Railhead Fort Worth Phase IV, an addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 11612, Plat Records, Tarrant County, Texas (the "Property"). The Property is commonly known as 4601 Gold Spike Drive, Fort Worth, Texas 76106; Appraisal District Account No: 41234693. WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Gold Spike Warehouse, hereinafter called the "Plan," which is expressly made a part hereof, as accepted or to be accepted by the City and the Landowner, and which requires the Landowner to manage storm water within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the m n health, safety, and welfare of the residents of the City require that on-site storm water management m facilities be constructed and maintained on a portion of the Property; and m 0 z7 WHEREAS, the City requires that on-site storm water management facilities (the "Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its o, successors and assigns, the location and dimensions of which Facility are shown and more STORM WATER FACILITY MAINTENANCE AGREEMENT LOFFICIALRECORD Rev.09/10/2012 CRETARY1005381.v6 RTH,TX particularly described by metes and bounds on Exhibit A attached hereto and made a part hereof (the"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, at its sole cost and expense, shall construct and maintain the Facility in good working order, in accordance with (i) the design plans and specifications for the Facility attached to this Agreement as Exhibit B, (ii) the current standards then in force and effect in the City, (iii) the Operations and Maintenance Plan attached to this Agreement as Exhibit C, and (iv) the Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit D (the "Maintenance Checklists"). The Maintenance Checklists shall be used in determining whether the Facility is in good working order. Landowner's obligations with respect to the Facility include the construction and continuing maintenance of all pipes, channels, or other conveyances on the Property that convey storm water to or from the Facility, as well as all structures, improvements, and vegetation on the Property that are provided to control the quantity and quality of the storm water on the Property. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually (the "Inspection Report"). The purpose of the Inspection Report is to assure safe and proper functioning of the Facility. The Inspection Report shall (i) include the review of the entire Facility, berms, outlet structure, pond areas, and access roads, (ii) note any portion of the Facility that requires maintenance or replacement to perform its design function ("Necessary Repairs"), and (iii) include proposed corrective actions to remedy the Necessary Repairs. 3. The Landowner, its successors and assigns, hereby grants permission to the City, its authorized agents and employees, to enter upon the Property, upon five (5) business days' prior written notice to Landowner, except in the event of emergency, to inspect the Facility Property. Landowner may accompany any representative of the City that enters upon the Property. In all events, the City shall use reasonable efforts to avoid interfering with the use and operations of the Property by Landowner or any tenants or occupants of the Property. The purpose of the inspection is to follow-up on reported STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 1005381.v6 deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings from such inspection and a directive to commence with any applicable necessary repairs. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, and such failure continues for thirty (30) days after written notice of such failure from the City, then the City and its authorized agents and employees may enter upon the Facility Property (provided that Landowner may accompany any representative of the City that enters upon the Property), and take whatever steps are reasonably necessary to correct deficiencies identified in the Inspection Report and to charge to Landowner, its successor and assigns, the reasonable actual costs incurred by the City to perform such repairs and replacements. 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 the Landowner's as provided herein. In the event the City performs work pursuant to the preceding section, the Landowner, its successors and assigns, shall reimburse the City within thirty (30) days of receipt of invoices and reasonable supporting documentation thereof. 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 property owned by the Landowner, its successors or assigns. 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. 5. Without waiving any of Landowner's rights and remedies to the extent permitted by law including, without limitation, any rights and remedies pursuant to the Texas Tort Claims Act, this Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER, ITS SUCCESSORS AND ASSIGNS, AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE IN THE MANNER REQUIRED HEREIN. LANDOWNER COVENANTS AND AGREES 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.09/10/2012 1005381.v6 ARISE (COLLECTIVELY, "LOSSES"), FROM THE FAILURE OF LANDOWNER OR ITS SUCCESSORS OR ASSIGNS TO MAINTAIN THE FACILITY AS REQUIRED HEREIN, INCLUDING, BUT NOT LIMITED TO FAILURE TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND AS REQUIRED HEREIN, OR ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO SUCH FAILURE THAT RESULTS IN (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 OR TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. NOTWITHSTANDING ANYTING HEREIN TO THE CONTRARY, LANDOWNER SHALL HAVE NO OBLIGATION TO INDEMNIFY CITY FOR ANY LOSSES TO THE EXTENT SUCH LOSSES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OR ITS AGENTS, REPRESENTATIVES, EMPLOYEES OR CONTRACTORS. 6. Landowner covenants and agrees that no habitable building shall be erected within the Facility Property, but this paragraph shall not preclude construction of other improvements within the Facility Property that do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the Property abutting such Facility Property which shall have a finished floor at an elevation less than two feet (2') above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 7. Pursuant to the Texas Public Information Act, the City shall promptly produce information in existence for inspection or duplication on application from the Landowner regarding this Agreement or any revisions thereto and records of inspection or default. "Promptly" means that a governmental body may take a reasonable amount of time to produce the information,but may not delay. 8. The Landowner may modify or relocate the Plan, Facility and Facility Property only with the prior written approval of the City. 9. All notices and communications required, necessary or desired to be given pursuant to this Agreement,including,but not limited to,a change of address for purposes of such notices and communication, shall be in writing and shall be deemed given and received upon personal delivery (which shall include delivery by commercial STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09/10/2012 1005381.v6 Executed this 7-Smil day of FtiftftZY 2015. Landowner City of Fort Worth KTR FW I LLC,a Delaware Limited Liability Company By: KTR Property Trust III, its Sole Managing Member Name: FC t'j s V-- R�•"' Fernando Costa Assistant City Manager Title: �� Approved as to Form and Legality Grant Jordan Assistant City Attorney ATTEST � F®Rr� ° ~3 City SecretaW 0% bX �o "OO00000°°o° �CXI NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT . WORTH, TX 7 Rev.09/10/2012 1005381.v6 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Me!"eX �0�.2�✓� by Fernando Costa,Assistant City Manager of the City of Fort Worth,on behalf of the City of Fort Worth. TRIKINYA L.JOHNSON Notary Public,State of Texas My Commission Expires Notary i4lic,ZSae of Texas April 17, 2018 COMMONWEALTH OF PENNSYLVANIA § COUNTY OF MONTGOMERY § Before me, the undersigned authority on this Zr day of n► 2015, personally appeared 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 'f-'L'0% Pw % ILL L a and that he executed the same as its$&Jw"Im 1PN4hWw'rand as the act of such and for the purposes and consideration expressed in the foregoing instrument. COMMONWEALTH OF PENNSYLOM NOTARIAL SEAL Notary Public, State of Pennsylvania ASHLEY WTTARI NMy mac CONSHOHOCKEN lORO,MONTGOMERY COUNTY My CamwAsel n Expires Nov 20,2018 STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.09/10/2012 1005381.v6 EXHIBIT"A" FACILITY PROPERTY [exhibit follows on next page] STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.09/10/2012 1005381.v6 }, Amrma AWO 1 9 fit a� I � i! � YYg� fiii�•/% // / Y E •>: y a� Ile e t°: fel- X1 I t7 xAG _ fig o= �A� '= a$0! {ps lit ': 1w A f 141 A xx Its t1A 'a lit V t x� t i�l� sip fi for e 1 �X t t OJ gT� 1MIw a A 600mm,WL LOT R. MOCK 2 RAlJCW FORT WORTHt...wwn 06DWOM ww wsr�:+.. LOW"m A M M a now Askmw gelft"Ir ft" awww a'a�=iws �.serw� Ql7I M raw■=Tk TA1 f COLLA" TWO& •.M/Y nR �:®e STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.09/10/2012 1005381.v6 EXHIBIT`B" PLANS AND SPECIFICATIONS OF THE FACILITY [exhibit follows on next page] STORM WATER FACILITY MAINTENANCE AGREEMENT 11 Rev.09/10/2012 1005381.v6 n.w.�o<m no w�.sw•s..am�..rwo.N�w r�wow.war w•a-.nowaonwr.e� i .A it kpq I I v 1 Will it R � g Ito 19= y D] s r c9i4> �•oi.lrra.Q7 nQlaPHiPs'II 7058[HLoi;liL;•-_,rw. ry z L__ Dm._ STORM WATER FACILITY MAINTENANCE AGREEMENT 12 Rev.09/10/2012 1005381.v6 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 MAINTENANCEANSPECTION • 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 13 Rev.09/10/2012 1005381.v6 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 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-Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration STORM WATER FACILITY MAINTENANCE AGREEMENT 14 Rev.09/10/2012 1005381.v6 Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT '15 Rev.09110/2012 1005381.v6