Loading...
HomeMy WebLinkAboutContract 46518 CITY SECRETARY CONTRACT NO.. �+to STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of October 24, 2014, by and between HCA Health Services of Texas, Inc., acting by and through HCA Health Services of Texas, Inc., 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 33.0 acre tract located in the W. McCowan Survey, Abstract 999, Tarrant County, Texas according to plat recorded as Instrument D214123625, Clerk's office, Tarrant 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 Alliance Medical Center Professional Office Building, Lot IR-1, HCA Health Services Addition 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 rrs WHEREAS, the City requires that on-site Storm Water Management Facilities ('`Facility") as shown on the Plan be constructed and adequately maintairned by the nN Landowner, its successors and assigns, the location and dimensions of which is shown and m more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and or, ILWORTH, AL RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT ECRETARY Rev.09/10/2012 TX 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. 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 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, 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, STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.09/10/2012 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 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, 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. [SIGNATURE PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09/10/2012 GRANTOR: HCA Health Services of Texas, Inc. City of Fort Worth A Texas Corporation By: Nicho as L. Paul ' Fernando Costa Vice President Assistant City Manager Approved to Form as Legality 16 Assistant City Attorney ATTEST1. -� g -j City Secrej," v S s3 OLOo®00 X.A� NO M&C REQUIRED OFFICIAL RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 5 Rev.09/10/2012 FT.WORTH,TX ACKNOWLEDGEMENT STATE OF TENNESSEE § COUNTY OF DAVIDSON § BEFORE ME, the undersigned authority, on this day personally appeared Nicholas L. Paul, Vice President of HCA Health Services of Texas, Inc. known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Nicholas L. Paul, Vice President of HCA Health Services of Texas, Inc. for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this-V9�day of tCe-r , 20Aq. _� �1. C>D Notary Public in and for the State of Tennessee W. rIy commission Expires •.•••••. 0 March 6, 2018 WAR 'L • OF • • TENNESSEE • NOTARY • G•• PUBIIC as h' STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.09/10/2012 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 I14e day of 20— LS-Notary Zhlic i and for the State of Texas ,,,tip• �a. TRIKINYA L. JOHNSON Notary Public,State of Texas �= My Commission Expires '�';' April 17, 2018 STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.09/10/2012 LEGAL DESCRIPTION 2.211 ACRE BEING a tract of land situated in the William McCowen Survey,Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being part of a tract of land described in deed to HCA HEALTH SERVICES OF TEXAS, INC, recorded in Volume 16373, Page 418, Deed Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod set with plastic cap stamped "KHA" in the north right-of-way line of North Tarrant Parkway(220' ROW at this point)for the southwest corner of Lot 1 R , HCA Health Services Addition, an addition to the City of Fort Worth,Texas according to the plat recorded in Instrument No. D211094322, Official Public Records of Tarrant County, Texas THENCE with the west line of said Lot 1 R,the following courses and distances to wit: North 13°10'12" East, a distance of 92.02 feet to a 1/2" iron rod found with a plastic cap stamped"Weir and Assoc, Inc"; North 00000'00" East, a distance of 58.29 feet to a point for comer; THENCE leaving said east line, North 90°00'00"West, a distance of 29.20 feet to the POINT OF BEGINNING; THENCE the following courses and distances to wit: South 29040'22"West, a distance of 60.29 feet to a point for comer; South 68053'48"West, a distance of 57.04 feet to a point for comer; North 67014'30"West, a distance of 101.02 feet to a point for comer; South 8937'38"West, a distance of 307.01 feet to a point for comer: North 63°02'41"West, a distance of 70.66 feet to a point for comer; North 28022'52"West, a distance of 68.68 feet to a point for comer; North 1023'12"West, a distance of 175.89 feet to a point for comer; North 90000'00" East, a distance of 112.55 feet to a point for comer; South 46032'55" East, a distance of 20.67 feet to a point for comer; South 0000'00" East, a distance of 114.28 feet to a point for comer; North 90000'00"East, a distance of 452.73 feet to a point for comer; South 1033'38" East, a distance of 103.99 feet to the POINT OF BEGINNING and containing 2.211 acres of land. Bearing system based on the monuments found in the west line of Lot 1 R, HCA Health Services Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No. D211094322, Official Public Records of Tarrant County, Texas DANA BROWN Registered Professional Land Surveyor No. 5336 KIMLEY-HORN AND ASSOCIATES, INC. 12750 Merit Drive Suite 1000 Dallas, Texas 75251 i-F. Tic, (972)770-1300 pSr (sTE'q� EXHIBIT A * ' � DETENTION AREA ..........�.,...... NA BR©vVN W. McCOWAN SURVEY, ABSTRACT NO. 999 ..............3r;>,.....�... � CITY OF FORT WORTH o TARRANT COUNTY, TEXAS ° S u•Rv�y EM" Kimley-Horn and Associates, Inc. 12750 Merit Drive,Suite 1000 Tel.No.(972)770-1300 Dallas,Texas 75251 Fax No.(972)239-3820 Scale I Drawn by I Checked by I Date Project No. I Sheet No. DAB SRD Feb 2014 063674004 1 OF 2 PLOTTED BY BROWN.DANA 11/25/2014 5:14 PM DWG NAME K:\DA'L SURVEY\063674004-A,LIANCE HCA\DWG\063674004-ALLIANCE HCA DETENTION AREA.DWG LAST SAVED 3/7/2014 11:50 AM i LINE TABLE ' OF NO. BEARING LENGTH IST I L7 S29'4022"W 60.29' °D1• � L2 S68.53'48"W 57.04' DANA BROWN L3 N67.14'3o"W 101.02' �.......... ...... 5336 P �+: L4 S89°37'38"W 307.01' LS N63'02'41"W 70.66' sod NAk FOU 0 L6 N28'22'52W 68.68' Cm ONCOR ELECTRIC EASEMENT -1 I L7 N01'23'12"W 175.89' MT.NO.D211228961�� I L8 N90°00'00"E 112.55' OP.R.T.C.T. I � t1oF L9 S46'3755"E 20.67' I "XDor- "oor I L10 S00'00'00"E 114.28- L11 N90'00'00"E 452.73' 10'FIBER OPTIC FACILITIES L12 S01-33.38-E 103.99' I EASEMENT RESERVATION VOL 16373,PG.418 I D.R.T.C.T. REMAINDER t0'UNDERGROUND HCA HEALTH SERVICES TELEPHONE OF TEXAS,INC. I I EASEMENTVOL 16373,PG.418 INET:NO.0204299750 OP.R.T.C.T. D.R.T.C.T. 118�19 DETENTION 1 1 LOT 1 R POND C 2.211 ACRES I SERVICES ADDITION INST.NO.D21109432, eDI �1 �eeae���s��oe�e�e�e�aaee� I P.R.T.C.T. •rxt�or .ter I L11 P O.B. 1 1 N90°00'00"W } Q I�� 29.20' 0 � ( `� NO°00'00"E W %W = I 4S ^ 58.29' uiU' p I �e_ eseareeeare..... v' N13°10'12"E 4 _— I 92.02' LL E.. ` OT- v tac W -rxo0FNMR OPTIC FACLRES ASSOC.Ica EASEMENT m VOL 1eT73.Pr:4teLL ATION cM __ nbFwF O Q D.R.T.C.T. xtac 29 WATER&SEWER Z� Q EASEMENT Sac \\\ M >, INST.NO.0 D.R.T.C.T..RT.C.T. \ N NORTH TARRANT PARKWAY P.O.C. VARIABLE WIDTH R.O.W. M0 VOL.15987,PG.314 EXHIBIT A D.R.T.C.T. W con E DETENTION POND W. McCOWAN SURVEY, ABSTRACT NO. 999 S CITY OF FORT WORTH 0 75' 150' TARRANT COUNTY TEXAS C Kimley-Horn GRAPHIC SCALE IN FEET and Associates, Inc. 12750 Melt Orlye,Sofia 1000 Tel.No.(972)7701300 Doles,Teta 75251 Fax No.(972)239.3820 - Drawn W Checked by Date Proleel No• Sheet No, 1•=200' DAB SRD Feb 2014 063874004 2 OF 2 PLOTTED BY BROWN,DANA 31312015 12:21 PM DWG NAME K:1DAL_SURVEY7063674004-ALLIANCE HCAVWG\063674004-ALLIANCE HCA DETENTION AREA.DWG LAST SAVED 11/25/2014 5:15 PM 0 � t X� � N N 0 0 Cl) Zoo Z z r a- 00 Coo ui ui- w Qw c tQ ^ Q w Q I H p w0V 'Qo °CO Q N CN N Qlrn(v po O � U) CN `I w O Cn OO CCpZ >U Q 0)UO OO0OOLw= = - CO (0 CD CO CD (0 CO Cf) 0 X QJ Q CCDj ¢ C� N C Z ufi C) U i is f o 1 ^O C) Woo= W b ` J Z Z Z O F n } U-1 rn CA + rn Y o ; ++ •�i/��4 W o U 00 3 N o : '��� U d W Z 3 Z w N x ItI� y� a 3 R O /\ N O CL ,W i i : YY�� /may �;J a V/ d W a w w : a� O Lo O Lo O Fo O Cn �•� O O O 00 00 P-- N (o J Y: �" ��,,,•Gp � O O o 0 o cD o rrnn W Z ocooLoo ( Ups (o (o (o (D (O (o lu_J _ Gi W a O Z C/ 9U) m N + ..f y _ � ; n z{Z j W N UJ I I I .a.. USS n Ww O J 0 LC r,w4 o + r , a q 3 D cD O v o U a cma3o 0 203 a w �p mo� N X Wim' o —� O m� w = IKL O 0w LI 3 a>W x Z. 3 Z�Fa i m oJ R z o m= + fuS a $ w Z CL Cl) a Z o � o mg � Z J Y p ria N + Z .0 C14 a w v O a LL \,,,J w } O� 3 0 m LU to C) � ZZNJ m J}o K4 fC9 n o N> °w' m Z w a }� _ 1. O ti Uw 3� w LJJ 08 � a (XX� o 08 J 3 a J d w w w O Cn O Cn O L 0 M W LL - f o (00 w taro O w w � j Z, Mo w w w O ~ W� g w 0 Q _...,..__........ Z «. ___�.� a 0 44 a � CN �Ur 47 41 `V N J2 LM C6 r-n CDONOr O l O4-0z~o CN vi vi in d W O V Q Cli D O 0 — Cl CO cv) h d LA h M 2 Q U a N N �j c7 N N c9 N N g O�rn LL t�y p� O O O O O (V C7 to = N V)or,� Oa m w C +4 /+< D�j�lx V) ~m o rn cc Z a y O oD rn o NC., w r,: G a LL Z01 ° ccoo m W c00o co cn (d Z, 63 O ou o 0 $ N W = �z t 8 i I 3 a '-i O IL c8 F r V00 N t(j o a rn Y z �r o ��49. ' N L w LU LU O V W w O N c(p _..��r`�� a S � • M z n mJ N co ago a� i`�.i'• '���h�l z W pg. v or:'iy op O }cod �, �-n� v r ' = r /� O a Q I Y: �;�(. :0 J 1= a t g 6'• yy Z z .-� o I�1h,* W Z 0 W c N Lu z c wD7or) 0 O J Z O w t� Z LL a Q U) 00 L- CU 10 dJ LLI W LL } $ w' SOU LL LL O CDz J b a � N 0 J Z J � O O N tv� oZ o Z Z ow z � *a _ Q d aZ, co O v 0Xo J = � r z ogq x Z W 2 O LU ru W 0 "' n 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. The pond shall be re-vegetated if at any time more than 30% of an area is unprotected. The banks of the pond shall be repaired and stabilized if at any time the inspector notes erosion of or a deficiency of the structural integrity of the pond banks. Structural components of pond including outfall structure, emergency spillway, and headwalls shall be inspected for damage/deterioration. Repairs shall be made as necessary to bring facility back to original operational capacity. STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.09/10/2012 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 1 O Rev.09/10/2012 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE Mowing Remove Trash and debris Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Location of Erosion MAJOR INSPECTIONS Condition of Outfall Structure Condition of Rip- Ra Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life STORM WATER FACILITY MAINTENANCE AGREEMENT 1 1 Rev.09/10/2012