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HomeMy WebLinkAboutContract 52734 CITY SECRETARY ; CONTRACT NO. DOE # 198P_/,F 620, STORMWATER FACILITY �rJ3-s���Ty�o9T9 MAINTENANCE AGREEMENT FTq�,y H THIS AGREEMENT, made and entered into this 3 day of ls=, tmbe►l , 2019, by and between AIL Investment, L.P., a Texas limited partnership, 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 on Exhibit A-1, hereinafter called the "Property". WHEREAS, the Landowner has built on and developed the Property according to the Site Plan/Subdivision Plan known as "Monterra Retail (SWM-2019-0223)" hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and which plan provides for management of stormwater within 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-2" ("Facility Property"); and OFFICIAL RECORD CITY SECRETARY' Monterra Detention Pond FT. WORTH, TX Rev.07/16/19 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 and through the Facility, as well as all structures, improvements, and vegetation provided to control the quantity of the storm water. Adequate maintenance is herein defined as good working condition so that the Facility is performing its design function. 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 Components of the Facility, if any, 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 for the purpose of inspecting 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 acceptable to the City, the City shall Monterra Detention Pond 2 Rev.07116/19 provide written notice to Landowner, its successors and assigns, describing with reasonable specificity the needed repairs or maintenance. Landowner, its successors and assigns shall have a period of 30 days to complete such repairs or maintenance (or if such repairs or maintenance cannot reasonably be completed within 30 days, Landowner, its successors and assigns shall commence such repairs or maintenance and shall have such time thereafter as reasonably necessary, using reasonable diligence, to complete such repairs or maintenance). If Landowner, its successors and assigns fail to complete such repairs or maintenance within the time set forth in the immediately preceding sentence, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps reasonably necessary to correct deficiencies identified in the inspection report and to charge the reasonable 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. 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 on the Facility 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 reasonable 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 may impress a lien for the costs of such work upon the Facility Property. Such lien shall be perfected by filing in the office of the County Clerk of Denton County, Texas an affidavit identifying the Facility Property, stating the amount owing, 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 Monterra Detention Pond 3 Rev.07/16/19 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 OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE FACILITY; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) SLOPE FAILURE OF THE BANKS OF THE FACILITY, OR (3) FAILURE OF THE FACILITY 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 to comply with the provisions of that certain City of Fort Worth Permanent Drainage Easement as recorded in document number D219048894 of the County Records of Denton County, Texas, for so long as the Landowner owns the property subject to such easement. 8. This Agreement shall be recorded among the land records of Denton County, Texas, and shall constitute a covenant running with the Property, and shall be binding on the Landowner, its successors and assigns, including any property owner's association. Notwithstanding anything to the contrary contained in this Agreement, neither Landowner nor any future owner of all or any portion of the Property shall be liable under any indemnification or other obligations under this Agreement with respect to claims, losses, damages, events or occurrences other than those arising during or relating to the respective period of such Landowner's or future owner's ownership of the Property. Monterra Detention Pond 4 Rev.07/16/19 Executed this=day of }QIYIbe' 20 M. AIL Investment, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, its general partn r i By: L. sse a V v Executive ice iPresident City of Fort Worth q&441 Dic V c� Assistant City nage Approved as to Form and Legality �I `I A ssisiant City Atto ey ST C% Itity Secretary F ORD ARY TX Monterra Detention Pond J Rev.07/16/19 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on -^ It Assistant City Manager of the City of Fort Worth, n behalf of the City of Fort Worth. MARIA SANGHEZ My Notary ID#2256490 '•,;,F aF,E*��` Expires December 19,2021 No ry Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o , 2019, by L. Russell Laughlin, Executive Vice President of AIL GP,ALL �, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. otary Publi , State of Texas Y Stacy A Plunk My Commission Expres °t w o3108=22 ID No.12561143, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Monterra Detention Pond Rev.07/16/19 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform an e and reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT WORTH, TX EXHIBIT "A-1" INSERT LEGAL DESCRIPTION Monterra Detention Pond ] Rev.07/16/19 Description of 3.047 Acres of Land BEING a tract of land situated in the William McCowen Survey, Abstract Number 999, Tarrant County, Texas and being a portion of those tracts of land described by deed to AIL Investment, LP. (tract 1), recorded in Instrument Number D211298925, and D218253851,both of County Records, Tarrant County, Texas, also known as Lot 2, Block 2, Monterra By Hillwood, an addition to the City of Fort Worth, according the plat recorded in Instrument Number D218009880, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Carter& Burgess" found, at the northwest corner of said AIL Investment tract, recorded in Instrument Number D218253851, also being in the south right-of-way line of North Tarrant Parkway(a variable width right-of- way), being the northeast corner of Lot 1, Block 2, Monterra By Hillwood, an addition to the City of Fort Worth, recorded in Instrument Number D207084741, said County Records, and being the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 194.22 feet,through a central angle of 10'32'52", having a radius of 1055.00 feet, the long chord which bears S 85°17'24"E, 193.95 feet, to a 5/8 inch iron rod with plastic cap stamped "Jacobs" found; THENCE N 89021'08"E, 225.29 feet, continuing with said south right-of-way line; THENCE S 00036'08"E, 313.27 feet, departing said south right-of-way line, to the north line of Lot 3, Block 2, Monterra by Hillwood, an addition to the City of Fort Worth, recorded in Instrument Number D218009880, County Records, Tarrant County, Texas; THENCE S 8903 8'17W, 421.46 feet, with said north line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found, at the southwest corner of the aforementioned AIL Investment tract, recorded in Instrument Number D218253851, said County Records; THENCE N 00032'27"W, 314.63 feet, with the west line of said AIL Investment tract; THENCE N 09053'01"E, 14.89 feet to the Point of Beginning and containing 132,733 square feet or 3.047 acres of land more or less. "Integral parts of this document" 1.Description 2. Exhibit Peloton Job No.HWA19014 Tracking No.ACF#7556 Mont.qt July 18,2019 G:VOB\HWA19014_MONTERRA RET QT\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWA19014_EXI.DOCX Page 1 of 2 Wd Vl:90:L &OZIMIL llnoya0 u6p'lX3-b1061VMH\sllgi14x3\1(an'nS-\na0 lalsOM10-lab DJJaluoy4-KO61VMH\90f\:o E 10£#30Vd 6WZ•ZVL:31V0 Sa6pu8'1:,18 43NO3HO SOMITM�1.8 NMdaa 1106 WMH#8of osss z9s31ms'.k L)INVd OX31•H12J0096 OSZ 311f1S'AtlMHLItld OOOMIIIH 0096 999L#dOd smoilnios amvi CD- c) N01013d �~ `�� I191 + °159d CDz ° ..... wW 3 �� N w:2 oo� LL U c^c� \' O I\�I��J(15 °a . � ono �lINM °� _ — — — 3 �o — — — --—-—-—-—-—-- o J~ CU z ` n C.) (XoM-)o-�q6U boo) gti bugs!xa uo - pooa uopa0 P10 so UMOU)f 1(jJaWJo)) O Q o - °.° -- ----- — D C`+ --------------- aUi Aanjns •xojdd C� ' Cn co ° L '1'3'1'a'0 60660ZLLZO 7 I a w paa0 uo!lo�lpa0 gp0m pox i/o (�0om U oW as N _ ..-- _ Qf W O O v N v N U WNti oQ C • '�m�? W x L ~ 0 W .�o' w. V Q� r� ° o W rn v z / o 0� 0� Q CO 0) 0QOm ZQ v E`N� =w< x af ~W oc ,v � r� o'<� � .-: I �0 i Q c Q�- H ?-1 Vl(n Z LLJ Z�QO 4 ZCEu ' 0 ``'' �oOf >Z 3 I N 3� N NQH (/')� ° LZ'£l£ 1-90,9£o00S Y=o� � u -ZzQ n o O Ci �' U 0 0 LO Qim�� >C m�"0 LO N O C> �•+ NCi=N J N Ki °OD; W N af of cl ° 1 . Li �co 0 0 C- O — m c v, 000 O a'N QC)f N CYJ W�` =0 cn Q p 0 N J W O W ft� (] W p W > Z > O C� O�W W _ J O DO c0 _ N Q Z N 300 to 0=ZZO o Y — H O Q) = O~ N Q O 00 -aUl------ DDJ --------------- O �U Q O Z LLJ t l mmo0� ^ z~Lj� Q N Op0_ 0 m0�~ -0 O gJ U pry H U7 J c V) Z a O C Q Z W 00 Z LC) N N W N 3 NO :E00U M�N 60 N M LW ft� M'w✓( O C) 00 0) > u . N 00 tom° ��• b 11 t N CiN O v w m . _ 'w c. PoLLJ d. , \ N z z so''•�Oft•'�' o �V � L-,j 0 L �IW me ' M„LZ,Z£ 00N z oQ EE zQ 00 N aoD- oo Na � Wm Ch oo z D-D- 4�• I o oW Zz +-� N � LbLbgOLOZO .}Sul E o CY� o pooMlpH Iq o oaauopy na OD 0 Z �0018 'l 701 Q w O<Q W 0 m H Z Z EXHIBIT "A-2" INSERT LEGAL DESCRIPTION Monterra Detention Pond Rev.07/16/19 Description of a 0.418 Acres of Land BEING a tract of land situated in the William McCowen Survey, Abstract Number 999, Tarrant County, Texas and being a portion of that tract of land described by deed to AIL Investment, LP., recorded in Instrument Number D218253851, County Records, Tarrant County, Texas, also known as Lot 2, Block 2, Monterra By Hillwood, an addition to the City of Fort Worth, Tarrant County, Texas, according the plat recorded in Instrument Number D218009880, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped"Peloton" found at the southwest corner of said Lot 2,being in the east line of Lot 1, Block 2, Monterra By Hillwood, an addition to the City of Fort Worth, recorded in Instrument Number D207084741, said County Records; THENCE N 00032'27"W, 239.33 feet, with the common west line of said Lot 1,being the east line of said Lot 2, from which a 5/8 inch iron rod with plastic cap stamped "Carter& Burgess" found, bears N 00°32'27"W, 75.31 feet; THENCE N 89027'33"E, 76.00 feet, departing said common line THENCE S 00032'27"E, 239.56 feet, to the south line of the aforementioned Lot 2; THENCE S 89038'17"W, 76.00 feet to the Point of Beginning and containing 18,198 square feet or 0.418 acres of land more or less. "Integral parts of this document" 1.Description 2.Exhibit Peloton Job No.HWA19014 Tracking No.ACF#7557 QT July 18,2019 G:VOB\HWA19014_MONTERRA RET Q7IMASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWA19014_EX2.DOCX Pagel of2 m BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NORTH CENTRAL ZONE 4202, 21 NAD 83 3 VXT IRF • IRON ROD FOUND IRS IRON ROD SET North Tarrant Par6ay o Inst.* D202193537 0 50 100 C.R.T.C.T. to variable width right-of-woy) 200'to 209' GRAPHIC SCALE IN FEET e �-T _ ''INTEGRAL PARTS OF THIS DOCUMENT" 1.DESCRIPTION 2.EXHIBIT 5/8 IRF I �I MI i3. • N89° 27'33"E 76.00' MGG�w�N Ln � 0iAIL INVESTMENT, LIP C' `�' INST.• D218253851 C.R.T.C.T. Lot 1, Block 2 Monterro by Hillwood Lot 2, Block 2 Inst* D20 7084 74 1 Monterro By Hillwood C.R.T.C.T. Inst.* D218009880 C.R.T.C.T. 0.418 Acres 3: w r\ r- CV N N N O O O O C) Z N -°° �E OF �ti,�o� o 'P i /8" IRF ....;,,.....».. . ..«...•••»•• S •...� PELOTON" TODD A. BRIDGES S890 38 17' W 629 •.•i�.•«•.»«»•»...yw ° to North Riverside Dr. 4940 rl 76.00' 9oF a � � l,�yo SI1Ftv�y�� Point of�l Lot 3, Block 2 " Beginning Monterro By Hillwood q Inst.A D218009880 f �1 C.R.T.C.T. Exhibit A-2 0.418 Acres of Land BEING A PORTION OF LOT 2, BLOCK 2, MONTERRA BY HILLWOOD, AN ADDITION TO THE CITY OF FORT WORTH, ACCORDING TO THE PLAT RECORDED P E LOTO N IN INSTRUMENT NUMBER D218009880, COUNTY RECORDS, TARRANT COUNTY, TEXAS SITUATED IN THE WILLIAM MCCOWEN SURVEY, ABSTRACT NUMBER 999, I�III LAND SOLUTIONS CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACF#7557 9 PARKWAY,SUITE 250 FORT WORTH, TEXAS 76177 PH.#817-562-3350 JOB# HWA19014 DRAWN BY: W.Blades CHECKED BY:T.Brid9 es DATE:7.12.2019 PAGE#2 of 2 W TEXAS G:\J0B\HWA19014_Monterro Ret-OT\Moster Dev\_Survey\Exhibits\HWA19014_EX2.dgn Defoult 7/18/2019 7:15:26 PM EXHIBIT "B" Monterra Detention Pond 9 Rev.07/16/19 0 0 3 o w W 3, OW a z w Q 3 W LL O a0 O aq r6rg� W i p m W F = 2 W W w a $ g�(O�8as Z w 5 do6Nx3 (D t c7 $RIFF OFla oa 1 I 1 r Op` Sri vi#i vn�!wia 5 ss xss —xss xss x Q W 0 0000000o f 3 � fh m LLI x Q 1 I LIJ n d000d�do ��o$000000 i� � �. 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Tr' "Ic + 0 V co ------ co 2 kkk z . ......... -KA xl P ............ 0 0 -4- 4- -4-+ lj -4- -4- T- t7l 41 LLJ z 3j 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. Monterra Detention Pond 10 Rev.07/16/19 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 vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap Monterra Detention Pond 11 Rev.07/16/19 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation Monterra Detention Pond 12 Rev.07/16/19