HomeMy WebLinkAboutContract 48068 G�0 D6 CITY SECRETARY �/,,
CONTRACT NO. ��9
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STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
2016, by and between CentrePort Industrial Bldg 2, 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".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 24.407 acre tract located in the Vincent J. Hutton Survey, Abstract No.
681, City of Fort Worth, Tarrant County, Texas, according to the deeds recorded as
Instrument No. D216133047; and Instrument No. D216133048, 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 2
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
WHEREAS, the City requires that on-site Storm Water Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORM WATER FACILITY MAINTENANCE AGREEMENT(1.06 Acres) OFFICIAL RECORD 1
Rev.02/17/2
HB-15 9971014 CITY SECRETARY
FT. WORTH, TX
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 "U', 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
STORM WATER FACILITY MAINTENANCE AGREEMENT(1.06 Acres) 2
Rev.02/17/2014
HB-15798717
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
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
STORM WATER FACILITY MAINTENANCE AGREEMENT(1.06 Acres) 3
Rev.02/17/2014
Hp-15798717
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(1.06 Acres) 4
Rev.02/17/2014
HB-15798717
Executed this_&ay of 11 all 016.
Landowner: Cam:
CentrePort Industrial Bldg 2, LLC, City of Fort Worth
a Delaware limited liability company
Name: Robert T. Vicente Fern C1 t? c-
Title: Authorized Sigigatory Assistant City Manager
Approved as to Form and Legality:
Assistant City Attorney
ATTEST
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VCIAL RECORD
SECRETARY WORTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT(1.06 Acres) Signature Page
Rev.02/17/2014
HB-15798717
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on l by
Assistant City Manager of the City of Fort Worth, & behalf of the City
of Fort Worth.
LINDA M. HIRRLINGER
1P0.Y•P`9''i
0-*
�l�_' Notary Public.State of Texas
;^.': 'P; Comm.Expires 02-02-2018 /
Notary ID 12414474-6 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day of
_ 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 2, 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.
�.•';;v P&'-,, KAROLINA A11EWIC2
' Notary Public, State of e s
Natory Public.State of Texas
► .! �.+; Comm. Expires 07-18-2019
Notary ID 128679287
OFFICIAL RECORD
CITY SECRETARY
FT.(NORTH,TX
STORM WATER FACILITY MAINTENANCE AGREEMENT(1.06 Acres) Signature Page
Rev.02/17/2014
HB-15798717
CP.03
EXHIBIT A
BEING A 1.06 ACRES (46,167 SQ. FT.)VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT
CENTREPORT INDUSTRIAL BLDG 2, LLC,
DOCUMENT No. D216133048, COUNTY CLERK RECORDS, TARRANT COUNTY,TEXAS
SITUATED IN THE VINCENT HUTTON SURVEY,ABSTRACT NO. 681
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a 1.06 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 2, LLC, as recorded in
Document No. D216133048, County Clerk Records, Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING at a found 112 inch iron rod, being in the intersection of the east right-of-way line of
Highway 360 (Variable Width Right-Of-Way) and the north right-of-way line of Sovereign Road (Variable
Width Right-Of-Way);
THENCE North 06°03'20" East, a distance of 568.32 feet to the POINT OF BEGINNING, for the beginning
of a non-tangent curve to the right having a radius 2807.29 feet, a central angle of 01°25'53", and a long chord
which bears North 08°08'52"East, 70.13 feet;
THENCE along said non-tangent curve to the right,an are length of 70.13 feet to a point;
THENCE North 08°52'01" East,a distance of 366.57 feet to a point;
THENCE North 85°40'54" East, a distance of 17.05 feet to a point;
THENCE South 11°16'40"East, a distance of 192.77 feet to a point;
THENCE South 19°14'33" East, a distance of 167.21 feet to a point;
THENCE South 34°23'59" East, a distance of 86.72 feet to a point, for the beginning of a non-tangent curve to
the right having a radius 635.00 feet, a central angle of 05°26'52", and along chord which bears South
78°02'05" West, 60.35 feet;
THENCE along said non-tangent curve to the right, an arc length of 60.38 feet to a point, for the beginning of a
compound curve to the right having a radius 300.00 feet, a central angle of 08 117'22", and a long chord which
bears South 84°54'12" West, 43.37 feet;
i
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Sheet 2 of 3
i -------- ---
CP.03
THENCE along said compound curve to the right, an arc length of 43.40 feet to a point;
THENCE South 89°02'53" West, a distance of 48.30 feet to a point, for the beginning of a tangent curve to the
right having a radius 631.50 feet, a central angle of 05°07'52", and a long chord which bears North 88°23'11"
West, 56.54 feet;
THENCE along said tangent curve to the right, an arc length of 56.55 feet to a point, for the beginning of a
compound curve to the right having a radius 70.00 feet, a central angle of 15°15'25", and a long chord which
bears North 78°11'32" West, 18.58 feet;
THENCE along said compound curve to the right, an are length of 18.64 feet to the POINT OF BEGINNING
and CONTAINING 496,167 square feet, 1.06 acres of land,more or less.
M W�My1�
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Sheet 3 of 3
10' ELECTRIC ESMT
I ; VOL. 8135, PG. 1596
if f D.R.T.C.T.
S85' 40' 54"E "' �t
i , ..._5' FIBER OPTIC ESMT �I4-
F717.05 i DOC. NO. D207061094 SJ�\
lC.C.R.T.C.T. & 600
� � 1
CO p ; 15' WATER LINE ESMT
n i i VOL. 10045, PG. 0454
� � � l S11' 16' 400E
a 192.77'
o t
� W N8' 52' 011 '
_ 366.57' r VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT
CENTREPORT INDUSTRIAL BLDG 2, LLC
J e=1' 25' 53" DOCUMENT No. D216133048
J C.C.R.T.C.T.
R=2807.29'
S 19' 14' 33"E
T=35.07' 167.21'
L=70.13' -
N8'08'52"E
Lc=70.13'
A=5' 26' 52'
POINT OF BEGINNING f �
' S34' 23' 59"E R=635.00'
A=116 15' 25' 86.72' T=30.21
R=70.00' L=60.38
T=9.38 S78 02'05*W
L=18.64' ,s'
N78'1 1'32"W a=5 07 2'
_ - e=8' 17' 22"
Lc=18.58' ' f.I T=28.30' R=300.00 CENTREPORT INDUSTRIAL BLDG 1, LLC
T=21.74 O.S.S. No. 802433947
" I ('f L=56.55 L=43.40' FORMERLY:
N6 03 20 E N8923'111
' 1 I S89' 02' 53V S84'54'12"W CENTREPORT INDUSTRIAL PHASE II, LLC
568.32 ) i+ Lc=56.54' DOCUMENT No. D216119772
J; 48.30' Lc=43.37'
(
F PROPOSED VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT C.C.R.T.C.T.
POINT OF COMMENCING
FOUND 1/2" IRON ROD BASIS OF BEAM IS NORTH AM" OMTW
OF LEGEND SOVEREIGN ROAD NNAATE(SMIMIM,,Tp�i C�
C.C.R.T.0 T. COUNTY CLERIC RECORDS, TARM COUNTY, TEXAS (VARIABLE WIDTH RIGHT-OF-WAY) ZONE BASED ON GPS OBSERVATIONS.
D.RT.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS
O.S.S. = OFFICE OF THE SECRETARY OF STATE
EXHIBIT A
BEING A 1.06 ACRE (46,167 SQ.FT.) VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT
i CENTREPORT INDUSTRIAL BLDG 2, LLC
DOCUMENT No. D216133048, COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS
SITUATED IN VINCENT HUTTON SURVEY, ABSTRACT NO. 681, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Graham Assvciates,lnc. GRAPHIC SCALE 1"=100'
CONSULTING ENGINEERS&PLANNERS
600 SIX FLAGS DRIVE,SUITE 500 nnn
ARLINGTON,TEXAS 76011 (817)640.8535
TBPE FIRM:F-11911TBPLS FIRM:101538-00 0 100 200
DRAWN BY: GAI DATE: 7/1312016
PROJECT No.: 2660-1008 SHEET 1 OF 3
cP.03
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Exhibit "B"
DESIGN SPECIFICATIONS
[see attached]
STORM WATER FACILITY MAINTENANCE AGREEMENT(1.06 Acres) Exhibit B
Rev,02/17/20141
HB-15798717
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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(1.06 Acres) Exhibit C
Rev.02/17/20141
HB-15798717
• 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(1.06 Acres) Exhibit C
Rev.02/17/20142
HB-15798717
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 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(1.06 Acres) Exhibit D
Rev.02/17/20141
HB-15798717
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(1.06 Acres) Exhibit D
Rev.02/17/20142
HB-15798717