HomeMy WebLinkAboutContract 48067 G CITY SECRETARY
ayG � ply CONTRACT 110.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of 5 ,
2016, by and between CentrePort Industrial Bldg 1, LLC (formerly Known as
CentrePort Industrial Phase II, LLC), acting by and through CentrePort Business Park,
LLC, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter
referred to as "City".
W ITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 17.039 acre tract located in the Vincent J. Hutton Survey, Abstract No.
681, City of Fort Worth, Tarrant County, Texas, according to the deed recorded as
Instrument No. D216119772, Deed Records, Tarrant County, Texas (after taking into
account the conveyance of that certain real property described in the deed recorded as
Instrument No. 216133048, 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 "Hillwood — CentrePort Building 1
Construction Plans" (hereinafter called the "Plan"), which is expressly made a part hereof,
as approved or to be approved by the City and the Landowner, which 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
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) CITY SECRETARY
Rev.02117/2014
HB-15783801 FT. WORTH, TX
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 are 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 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 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(0.774 Acres) 2
Rev.02/1'7/2014
HB-15783801
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, 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
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) 3
Rev.02/17/2014
HB-15781801
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,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF LANDOWNER OF THE ABOVE FACILITITY
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) 4
Rev.02/1712014
HB-15783801
Executed this lkay o 2016.
Landowner: City:
CentrePort Industrial Bldg 1, LLC City of Fort Worth
(formerly known as CentrePort Industrial Phase
II, LLC),
a Delaware limited liability company
Name: Robert T. Vicente
Title: Authorized Signatory Assistant City Manager
Approved as to Form and Legality:
Oev>t;�-
Assistant City A&mr a ®� ��.
Ar+11u-r F®
ATTEST
JF
ity Sec e �
�xAS
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Signature Page
Rev.02/1712014
HB-15783801
STATE OF TEXAS §
COUNTY OF TARRANT §
Jews
Z7. C..Vw This instrument was acknowledged before me on Am 3. awto by
Assistant City Manager of the City of Fort Wort , on behalf of the City
of Fort Worth.
LINDA M. HIRRLINGER
`.SPRY PV9'i
Notary Public,State of Texas
sa•.?' .�P Comm,Expires 02-02-2018 Notary Public, State of Texas
Notary ID 12414474-6
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this �` day of
-1 , 2016, personally appeared Robert T. Vicente, 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 CentrePort Industrial Bldg 1, LLC
(formerly known as CentrePort Industrial Phase 11, LLC), and that he executed the same as
its Authorized Signatory and as the act of such limited liability company and for the
purposes and consideration expressed in the foregoing instrument.
`'DIY PV's KAROIINA AIIEWICZ Notary Public, State of T s
Notary Public,State of Texas
Comm. Expires 07-18-2019
Notary ID 128679287
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Signature Page
Rev.02117/2014
HB-15789801
CP.02
EXHIBIT A
BEING A 0.774 ACRES (33,709 SQ. FT.) VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT
CENTREPORT INDUSTRIAL BLDG 1,LLC,O.S.S.No. 802433947
FORMERLY: CENTREPORT INDUSTRIAL PHASE I1,LLC
DOCUMENT No.D216119772, COUNTY CLERK RECORDS, TARRANT COUNTY,TEXAS
SITUATED IN THE VINCENT HUTTON SURVEY, ABSTRACT NO. 681
CITY OF FORT WORTH,TARRANT COUNTY, TEXAS
BEING a 0.774 acre tract of land situated in the Vincent Hutton Survey, Abstract No.681, Tarrant County,
Texas and being a portion of that certain parcel conveyed to Centreport Industrial Bldg 1, LLC, Office of the
Secretary of State, No. 802433947, Formerly: Centreport Industrial Phase II, LLC, as recorded in Document
No. D216119772, County Clerk Records, Tarrant County, Texas, and being more particularly described as
follows:
COMMENCING at a found 1/2 inch iron rod,being in the north right-of-way line of Sovereign Road(Variable
Width Right-Of-Way) and being in the south line of said Centreport Industrial Bldg 1, LLC, tract, being a
common line;
THENCE North 89°25'46" East, along said common line, a distance of 23.49 feet to the POINT OF
BEGINNING;
THENCE North 00°48'24" West, leaving said common line,a distance of 181.17 feet to a point;
THENCE North 05°07'37" East, a distance of 130.41 feet to a point,for the beginning of a tangent curve to the
right having a radius 2802.29 feet, a central angle of 02°37'40", and a long chord which bears North 03°20'59"
East, 128.51 feet;
THENCE along said tangent curve to the right, an are length of 128.53 feet to a point;
THENCE South 85°20'11"East,a distance of 24.23 feet to a point;
THENCE South 01°06'21" West,a distance of 39.81 feet to a point;
THENCE South 10°31'10"East,a distance of 191.53 feet to a point;
THENCE South 19 001'09"East,a distance of 141.29 feet to a point;
THENCE South 0 034'14"East,a distance of 46.29 feet to a point;
THENCE South 89 02546" West, along said common line, a distance of 135.06 feet to the POINT OF
BEGINNING and CONTAINING 33,709 square feet, 0.774 acres of land,more or less.
OF
rR�';'9
M.L PETERSON
.,s -L
Sheet 2 of 2 p(�•ZT'�(f/
1 j l l j
"I 10' ELECTRIC ESMT
111 V01.. PG. 1596
S85' 20' 11"E -�-� !;' D.R.7.C.T. C{
„� 15' WATER LINE ESMT
24.23' I VOL. 10045, PG. 0454
1 I D.R.T.C.T1��0-
A=2' 37' 40" , 1 .. . S1. 06, 21"W
�
R=2802.29' 1 ' ;) 39.81'
CD o 1+p T=64.27' ' ' f!Y '
1 I ,1-, x
'
to L=128.53'
N3'20'59"E f 1 1
LC=128.51 I CENTREPORT INDUSTRIAL BLDG 1, LLC
o FOUND TXD07 MONUMENT S10' 31' 10 0E O.S.S. No. 802433947
191.53' FORMERLY-
0 J I CENTREPORT INDUSTRIAL 'PHASE II, LLC
_ N5' 07' 37"E ` ' DOCUMENT No. D216119772
1 1 ..
C.C.R.T.C.T.
v 130.41 , 1 ( �,. �1
' I VARIABLE WIDTH PRIVATE
FOUND TXDOT MONUMEN77 I ( ` DRAINAGE EASEMENT
I j
S19* 01' 09"E
1 s 141.29'
,
No' 48' 241W I .
181.17 S25' 51' 43"E
i I ; 31.17' !
SO' 34' 14"T
FOUND 1/2" IRON ROD i 46.29' _
POINT OF COMMENCING S89' 25' 46"W -
FOUND 1/2- IRON ROD 135.06'
N89' 25' 46"E SOVEREIGN ROAD_
1 _POINT DE BEGINNING. .__
23.49' ; ;' (VARIABLE WIDTH RIGHT-OF-WAY)
,
-----------
LEGEND BASIS Of WAKING IS NORIN AMERICAN DATUM
C.C.R.T.C.T. = COUNTY CLERK RECORDS, TARRANT COUNTY. TEXAS OF 1983 (NAD-a3) (2010 STATE KANE
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS COORDINATE SrsU TEEMS NORM CENTRAL
O.S.S. = OFFICE OF THE SECRETARY OF STATE EXHIBIT A ZONE BASED ON GPS OBSERVATIONS.
BEING A 0,774 ACRE (33,709 SQ.FT.) VARIABLE WIDTH DRAINAGE EASEMENT
CENTREPORT INDUSTRIAL BLDG 1, LLC, O.S.S. No. 802433947
FORMERLY: CENTREPORT INDUSTRIAL PHASE II, LLC
DOCUMENT No. D216119772 COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS
SITUATED IN VINCENT HUTTON SURVEY, ABSTRACT NO. 681, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Graham Associates,lnc. GRAPHIC SCALE 1"=100'
CONSULTING ENGINEERS&PLANNERS (� _-
600 SIX FLAGS DRIVE,SUITE 500
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DRAWN BY: GAI DATE; 612712016
i
PROJECT No.: 2660-1008 SHEET 1 OF 2
CP,02
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Exhibit "B"
DESIGN SPECIFICATIONS
[see attached]
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit B
Rev.02/17/20141
HB-15783801
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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 from the ponds and
from the connecting drainage structures 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. Re-vegetation will be
performed when existing sod/grass deteriorates to the point that 30% or more of
the area is left unprotected.
Embankments forming the sides of the detention pond shall be repaired as
necessary to maintain proper operation of the basin.
Damaged or deteriorated structures, including the vertical pond walls and
drainage structures between the ponds will be repaired and/or replaced as
necessary to maintain proper operation of the basin.
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.
PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit C
Rev.02/17/20141
HB-15783801
• 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(0.774 Acres) Exhibit C
Rev.02/17/20142
HB-15783801
Exhibit "D"
STORM WATER STRUCTURAL MAINTENANCE CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system opqration
Remove grass
clippings
Violations Noted
MINOR INSPECTION DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
Condition of Pond
Amount of silt in pond
Amount of sift in flume
Amount of ponded
water
Amount of wetland
y2getabon
Location of Erosion
Percent of vegetation
Location of Erosion
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit D
Rev.02/17/20141
HB-15783801
MAJOR _ DATE REPAIRS REPAIRS NOTES
INSPECTIONS REQUIRED MADE
Structure Condition
Culvert 1
(including headwalls
Structure Condition
Culvert 2
-(including headwalls
Stricture Condition
Culvert 3
includin headwalls
Structure Condition
Pond 2 West Wall
Structure Condition
Pond 2 East Wall
Structure Condition
Pond 3 Headwall
Southwest earner
Structure Condition
Pond 3 Headwall
Northwest Comer
Structure Condition
Pond 3 Headwall
East side
Condition of Ri"ap
All Ponds
Berm or Embankment
Settlement
All Ponds _
Location of erosion
All Ponds
Evidence of Animals
All Ponds
Evidence of Aquatic
life All Ponds
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit D
Rev.02/17/20142
HB-15783801
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 from the ponds and
from the connecting drainage structures 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. Re-vegetation will be
performed when existing sod/grass deteriorates to the point that 30% or more of
the area is left unprotected.
Embankments forming the sides of the detention pond shall be repaired as
necessary to maintain proper operation of the basin.
Damaged or deteriorated structures, including the vertical pond walls and
drainage structures between the ponds will be repaired and/or replaced as
necessary to maintain proper operation of the basin.
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.
PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit C
Rev.02/17/20141
HB-15783801
• 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(0.774 Acres) Exhibit C
Rev.02117/20142
HB-15783801
Exhibit "D"
STORM WATER STRUCTURAL MAINTENANCE CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR INSPECTION DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
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
Location of Erosion
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit D
Rev.02/17/20141
HB-15783801
MAJOR REPAIRS REPAIRS
INSPECTIONS DATE REQUIRED MADE NOTES
Structure Condition
Culvert 1
(including headwalls
Structure Condition
Culvert 2
(including headwalls
Structure Condition
Culvert 3
(including headwalls)_
Structure Condition
Pond 2 West Wall
Structure Condition
Pond 2 East Wall
Structure Condition
Pond 3 Headwall
Southwest corner
Structure Condition
Pond 3 Headwall
Northwest Corner
Structure Condition
Pond 3 Headwall
East side
Condition of Rip-Rap
All Ponds
Berm or Embankment
Settlement
All Ponds
Location of erosion
All Ponds
Evidence of Animals
All Ponds
Evidence of Aquatic
life All Ponds
STORM WATER FACILITY MAINTENANCE AGREEMENT(0.774 Acres) Exhibit D
Rev.02117/20142
HB-15783801