HomeMy WebLinkAboutContract 52724 CITY SECRETARY
CONTRACT NO.
DOE #
E ECEIVED
SEP-3 2019 STORMWATER FACILITY
MAINTENANCE AGREEMENT
CITY OF FORTIS O111TI
CH Y SECR7ARY
THIS AGREEMENT,made and entered into this day of 6 DI ,
by and between Penske Truck Leasing Co., LP, acting by and through Guy Holbert,
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 12.5 acre tract located in the JOHN BURSEY Survey,Abstract 123,Tarrant
County, Texas according to the deed recorded in Instrument#D218280221,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 PENSKE TRUCK LEASING
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
OFFICIAL RECOR
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETJRY
Rev.11/17/2016 FT WORTH, TX
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
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
pipes, channels or other conveyances built to convey Stormwater to 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, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 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,
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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 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.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed this `2ni'h day of + 20]t.
LandowneUolbe
City of Fort Worth
Name: Gu Jesus J. Chapa
Assistant City Manager
Title: Project Manager
Approved as to Form and Legality
ssistant City Atigriiey
ST
ity Secretary —i
* r
OFFOCOA RECORv,
c1ri SLCR,-,rA y
FT. WORTH#TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on (5 by Jesus
J. Chapa, Assistant City Manager of the City of Fort Worth, a behalf of the City of Fort
Worth.
a' MARIA S,SANCHEZ
My Notary ID#2256490 Nota6 Public, State of Texas
Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
B fore me, the undersigned authority on this day of
20 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
, and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing ins
e
•��""" '• DAWN SUZANNE MCCLENDON u lic, State of Texas
My Notary ID#8201019
Expm September 19,2020
0FF51C, L RECORD
MY SECRETARY
FT. WORTH,T
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Ashraf Ibrahim
Management Analyst II
F®FFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Exnihit "A"
Private Orairinge. Fnsnment
Pcrtjor of Lot Block 8, CART::R I\t01JSTRIAL PARK ADDITION
Ft. Wer,h, Texas
BEING a 34,320 Square Foot cr C.790 acre tract of land situoteo
in the John Burley Survey, Abstract Number 123, some being a
pott�un of Lut 3, Block 8 JI the CARILR I^IGDSIRIAL HARK
ADDITION, oar; aaditian to the City' of Et. J✓crth, Tarrart County,
Texas as recorded in D215163619, Deed Records, Tarrart County,
Texas, Borne also being a portion of that tract of land conveyed
to CARTER EODNDATION PRODUCTION COMPANY, as evidenced by
Deed recorded n Vo!ume 3539, rope 24, Deed Records, Tarrant
County, Tcxos, and further being occribed as follows;
COMMENCING of a copped iron red found 'n the south line of
John Burgess Drive (60' R.O.W.), some being the northeast corner
of said tract of land;
/HENCE South 00 degrees 29 rr,nutes 5/ seconds Last, for a
distance of 870.66 'eel,-
THENCE North 14 degrees 16 rnit;utes 17 seconds 'Nest, for a
distance of 11.45 feet to the POINT OF BEG/ INING;
THENCE North 89 dcgreas 59 minutes 54 seconds Wr_st, for a
distance of 176.00 feet,-
THENCE North 00 degrees 00 minutes 06 seconds East, for a
distance of 195.00 feei;
THENCE South 89 degrees 59 minutes 54 seconds East, for a
distance of 176.00 fart;
THENCE South 00 degrees GO minutes 06 seconds West, for a
distance of 195.04 feet, to the POINT OF BEGINNING and
containing 34,320 square `eet or acres of land, more or
IeSS.
Basis of Bearings: BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON
STATE PLANE COCROINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202 (TXNC
4202), NORTH AMERICAN DATUM 1983 (NAD83). DISTANCES SHOWN HAVE BEEN
MODIFIED TO SURFACE BY APPLYING A SCALE FACTOR OF 1.00012 TO THE
STATE PLANE COORDINATES.
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.........................
LUSIN D. DAVSUd
y�nFEss���\o
S U'� l
DATE: Vioy 14, 2019
Project No. �t1 30S9Lc
Sheet 1 of 2
Exhibit "A"
Private Drainage Easement
Portion of Lot 3, Block 8, CARTER INDUSTRIAL PARK ADDITION
N Ft. Worth, Texas
SCALE: 1" = 60' JOHN BURGESS DRIVE
(60' WIDE PUBLIC RIGHT—OF—WAY)
CIRF
Property Line P.O.C.
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A PORTION OF A TRACT OF LAND CONVEYED TO S 89'S9'S4" E
CARTER FOUNDATION PRODUCTION COMPANY
VOLUME 3539, PAGE 24 IR 176.00' IRS
D.R.T.C.T.
LOT 3, BLOCK 8
CARTER INDUSTRIAL PARK
D215163619
D.R.T.C.T.
12.551 ACRES
(546,705 SO. FT.)
LLI
PRIVATE DRAINAGE EASEMENT
(p- D215163619
!O O O STORAGE VOLUME Q O
' o�A" O REQUIRED=168.545 CUBIC FEET �O
er
O 0) 34,320 Sq. Ft. O
\�LF�ogT2se4 (0.790 Acres)
\ FogrFtil O O
\ �OCO�FO LOT 2, BLOCK 8
\ O O 'C' Z (� CARTER INDUSTRIAL PARK
\O Zql 0+ CAB. A, SL. 10976
D206087041
\ O O)/ lyi D.R.T.C.T.
N 89°59'54" W P.o.e.
IRS 176.00' CIRF IRS
:IRF Property Line Li CIRF
- — — — — — — — — — — —
- - - - - - = - - - - - CIRF
APPROXIMATE LOCATION OF
OF T� ZONE AE (FLOODWAY)
\ST •. f
......................... _ _ _ _ _ _ _ _DUSTIN D. DAVISON _ — — — — —
�0 6451 �P L 1 N 14*1 6' 17" W 1 1 1 .45'
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SUR`�F NOTES:
IRS = 112" iron rod set
DATE: May 14, 2019 P.O.B. = Point of Beginning
Project No. 351803986 Sheet 2 of 2 P.O.C. = Point of Commencing
Exhibit B.1
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Exhibit "C"
CITY OF FORT WORTH STORMWATER 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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
Exhibit "D"
Stormwater 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
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
ve etation
Location of Erosion
Percent of
vegetation
Condition of trash
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of N/A N/A N/A N/A
Stormwater Quality
Structure
Type of Stormwater N/A N/A N/A N/A
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/17/2016
Condition of N/A N/A N/A N/A
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of N/A N/A N/A N/A
Aquatic life
Condition of N/A N/A N/A N/A
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.1111712016