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Contract 47704
CITY SECRETAW CONTRACT NO. 2 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between CENTREPORT STORAGE, L.P., acting by and through Farragut Investment Management, LLC, its general partner, 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 1.15 acre tract located in the John Burnett Survey, Abstract No 178, Tarrant County, Texas according to the deed recorded in Volume 388-158, Page 58, 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 CENTREPORT STORAGE 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 Stormwater 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 Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on-site Stormwater 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 -- APR 2 0 2016 C�� � �Lf� f3L' CG�,I? 11 OFA - STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 ��t; JL���I dem�f 1.•i11�.L \\ ��} /�R�l; rH } L-'`.mow. Y 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 Stormwater 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 Stormwater Facility includes all storage tanks, pipes, channels, landscape features, or other conveyances built to convey Stormwater to, through, and from the Facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater 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, including storage tanks, pipes, landscape features, outlet structures, pond areas, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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 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, STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 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 STORAGE TANKS AND FILTER STRIP; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO FAILURE OF THE STORAGE TANKS AND FILTER STRIP 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. 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] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.12/29/2014 Executed this b' day of t: 20Lk. Centreport Storage, L.P. City of Fort Worth By: Farragut Investment Management, LLC, its general partner N me. nth y Fkgapane Jesus J. Chapa Assistant City Manager Title: Manager Approved as to Form and Legality Assistant City Attorney, 0(Z-Mu". F uad ATTEST C ty Seer ®� `.A �$ gC) 0000 STORMWATER FACILITY MAINTENANCE AGREEMENT FJ Rev.12/29/2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ADO 1 L9, �f�l � by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth!-on behalf of the City of Fort Worth. LINDA M. HIRRIINGER '�- 6'► 1 Notary Public,state of Texas otary Public, State of Texas Comm.Expires 02-02-2018 Notary ID 12414474-6 STATE OF OHIO § COUNTY OF LORAIN § Before me, the undersigned authority on this 29t1i day of February 2016, personally appeared Anthony Fragapane, 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 Anthony Fragapane, and that he executed the same as its Manager and as the act of such Manager and for the purposes and consideration expressed in the foregoing instrument. ry Public, State o hio KAREN I-COX NOTARY PUBLIC^STATE OF OHIO Recorded in Lorain Co t My commission expires STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 EXHIBIT "A" LEGAL DESCRIPTION MAINTENANCE AGREEMENT AREA BEING 0.056 acre of land located in the JOHN BURNETT SURVEY, Abstract No. 178, Fort Worth, Tarrant County, Texas, and being a portion of Lot 3, Block 201A, Centreport, Area 2, Section 1, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3449, of the Official Public Records of Tarrant County, Texas. Said 0.056 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying in the West boundary line of said Lot 3 and the East boundary line of Lot 4, Block 201A, of said Centreport, Area 2, Section 1, and said POINT lying S 000 30' 37" W 119.00 feet, from an "X" in concrete found, at the most Westerly Northwest corner of said Lot 3, lying in the South right-of-way line of Reggis Court (a 60 foot wide public right-of-way); THENCE severing said Lot 3, as follows: 1 S 890 29'23" E 30.54 feet, to a point; 2. S 000 30' 37"W 17.87 feet, to a point; 3. S 890 29' 23" E 12.50 feet, to a point; 4. N 00' 30' 37" E 12.12 feet, to a point; 5. S 890 29' 23" E 12.50 feet, to a point; 6. S 000 30' 37"W 35.79 feet, to a point; 7. N 890 29'23"W 12.66 feet, to a point; 8. S 000 30' 37"W 9.46 feet, to a point lying in the North line of a 10 foot wide underground electric and telephone easement, recorded in Volume 7335, Page 151, of the Official Public Records of Tarrant County, Texas; 9. N 89° 29' 23"W 42.89 feet, along aline 5.00 feet North of and parallel to the South boundary line of said Lot 3, to a point lying in the West boundary line of said Lot 3; THENCE N 000 30' 37" E 51.00 feet, along the West boundary line of said Lot 3 and the East boundary line of aforesaid Lot 4, to the POINT OF BEGINNING containing 0.056 acre (2,418 SQUARE FEET) of land. 00<?$8944si44464arooar_aeaga4leacbay@g�_, CHRIS L. Bl_WINS Iy. � 4sa.�aao4aua4.4lb4i®casae®paa>ua�aeaear::' 57912 "1 �c G:\20151EASEMENT&\HC3A Centreport-Maintenance Agreement Area.doe EXHIBIT "A99 �\ REGGIS COURT \ (60' WIDE PUBLIC RIGHT-OF-WAY) \ / Course Bearing Distance L1 S 89°29'23" E 30.54' L2 S 00°30'37" W 17.87' \ _'X'_IIu_ i L3 S 89'29'23" E 12.50' CONCRETE L4 N 00°30'37" E 12.12' FOUND I F- L5 S 89°29'23" E 12.50' I I L6 S 00°30'37" W 35.79' L7 N 89°29'23" W 12.66' L8 S 00°30'37" W 9.46' 15' UTILITY EASEMENT I I L9 N 89°29'23" W 42.89' CAB. A. SLIDE 3449 I LID S 00°30'37" W 5.00' O.P.R.T.C.T. I. Y LOT 4, BLOCK 201A I 0 CENTREPORT, AREA 2, SECTION 1LOT I LOT 3, BLOCK 201A CAB. A, SLIDE 3449 CENTREPORT, AREA 2, SECTION 1 O.P.R.T.C.T. I I CAB. A, SLIDE 3449 ( 0 I � I O.P.R.T.C.T. I t` M to ; j0N AgSTR I � I I U I MAINTENANCE AGREEMENT AREA 0.056 ACRE POINT OF I (2,418 SO. FT.) I BEGINNING I ; I Ll 0, I a I L5 I W I L3 ..CHRIS L. BLEVINS °°°°°°°°°°.......... I I a 5792 Pose 10' DRAINAGE EASEMENT I I L7 CAB. A, SLIDE 3449 I I aa0 DECEMBER 3, 2015 — O.P.R.T.C.T.— — — — — — I Z - - - - - - Lto L9 - - - - - - - - - - - - — — — — — — — — — — — — — — —t�!2"—IRON Re[}-- — — — — — — — — — — — — — — — — — LOT 3, BLOCK 201 B FOUND MARKED AREA 2, SECTION 2 "GRAHAM" 10' UNDERGROUND ELECTRIC & TELEPHONE EASEMENT CENTREPORT VOL. 7535, PG. 151 VOL. 388-170, PG. 88 O.P.R.T.C.T. O.P.R.T.C.T. BRITTAIN & CRAWFORD MAINTENANCE z AGREEMENT AREA LAND SURVEYING & a TOPOGRAPHIC MAPPING (8,7) 926-0211 — METRO (817) 429-5112 LOCATED IN LOTS 3, BLOCK 201A FAX No. (817) 926-9347 CENTREPORT, AREA 2, SECTION 1 P.O. BOX 11374 - 3908 SOUTH FREEWAY FORT WORTH, TEXAS 76110 CITY OF FORT WORTH, EMAIL: odmin@hrlttoin—crowford.com TARRANT COUNTY, TEXAS SCALE 1"--30' Y I � rnl 0L z N z z cn I N o�I = > �c 1 001o� 7,j5-.- w Ca w Y6 0 C? Z•� tV � •�-' w ��N i( Q- o ~fitV tones_ Iw'p30o41 I I I I wUa M� I I 0 \ c ( I i I 0 /' ---- 1 I I QW. 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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 tanks's storage volume is reduced by more than 10%. Silt shall be removed and the tanks/basin returned to original conditions 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. 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, and silt, litter and debris removal dates. • 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. STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.12/29/2014 EXHIBIT "C" Owner inspection & maintenance of tank A quarterly visual inspection of tank either by the owner or their nominated contractor or site personnel. The optimum time for inspection is prior to first rains and every 3 months thereafter. At all times due diligence should be taken with regards to personal safety. Tank perimeter must be clear of vegetation. Treat area with suitable and safe vegetation deterrent. Leakage - Report any signs of leakage to tank manufacturer immediately, for efficient repair. Cleaning of roof- Walking on the tank roof is not recommended. Use a long handled/extendable broom to sweep leaves and debris from the tank roof. Pest/Vermin activity - Check for evidence of pest/vermin activity in the area. Any sign of activity or damage needs to be attended to immediately. Liner damage caused by termites or vermin is not covered by warranty. If necessary, treat perimeter of tank with suitable and safe pest/vermin deterrent, following the advice of a qualified professional. Sacrificial anode is fitted to your tank for additional corrosion protection. They have a life expectancy of 10 years however this may be reduced in a more corrosive environment (e.g. coastal/industrial areas). Anodes must be replaced within the 10 year interval to meet warranty conditions. If there are signs of minor corrosion on the tank, immediately treat the affected area and paint over with zinc rich paint. If there is evidence of major corrosion, contact Acer Water Tanks Inc. Cleaning tank panels with a garden hose and a soft bristled brush. Hose the tank panels down and use the brush to remove any dust, grime and salt spray. Poly/PVC fittings - Poly/PVC fittings and downpipes exposed to sunlight must be painted with UV resistant paint to extend their lifespan. Internal Tank Cleaning -Acer Water Tanks, Inc. does not recommend accessing the interior of the tank on your own. If your tank needs cleaning, engage a qualified tank cleaner or contact your local distributor. If the liner is accidentally damaged during cleaning, contact your local distributor to arrange repairs. Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Remove Trash and debris MINOR INSPECTION Condition of Tank Amount of silt in Tank Amount of ponded water MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap Location of erosion STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.12/29/2014