HomeMy WebLinkAboutContract 53610 CITY SECRETARY
CONTRACT N0. 5310 l 0
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of March , 2020,
by and between FW 1-35 Logistics Center LLC, acting by and through Susan Gruppi,
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 1.2332 acres tract located in the William McCowen Survey, Abstract 999,
Tarrant County, Texas according to the deed recorded in Instrument Number D219120119
Official Public 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 R&S Miller Family Addition
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 RECORD
STORMWATER FACIUW MAINTENANCE AGREEMENT CITY SECRETAPY
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
STORMWATER FAC WTY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 hike, 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 alien 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
STORMWATER FACIUTY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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 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 E1 day of - C- 4020.
FW I-35 Logistics Center LLC, - City of Fort Worth
a Delaware limited liability company
By:M2G I-35 . tics ter GP LLC
a Texas ' ed rty company
1D9WkV1
Name: Susan Gruppi - WiT
Title: Managing Member Assistant City Manager
Contract Manager:
Name:
Title:
Approved as to Form and Legality
L J L -�"
Assistgnt City Att&ney
CAY Secretary
a
®FLIARkE
r'CSTORMWATERFACWTYMAINTENANCEAGREEMENT ,SEU
, .
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on t by
Assistant City Manager of the City of Fort 44L—
J)A,.rA5,,VjjVQ7 , on behalf of the City of
Fort WoKh.
��PY P4e< MARIA S.SANCHEZ /I
My Notary ID#2256490
Expires December 19,2021 No ry Public, State of Texas
OF
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 2 day of
Y 20-40, personally appeared
� S _
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
_1�i&) 1-37 &fi12S 1LC,— ,and that he executed the same as its
t vi ►yW and as the act of such �( , and for the purposes and
consi e on expressed in the foregoing instrument.
Notary Public, State of Texas
NICOLE C. COURSEY
� Notary Public,State of Texas
-'ec Comm.Expires 06-14-2023
14i„°,;,1 Notary ID 128642361
OFFICIAL RECORD
CITY SECRETARY(
FT. WORTH,TX
STORMWATER FAC I UTY MAINTENANCE AGREEMENT
Rev.1 111 7/2 01 6
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuTgall perfo ance and reporting requirements.
Laurie Lewis
Development Services Manager
OFF MAL RECORD
CITY SECRETARY
Exhibit "A"
LEGAL DESCRIPTION
DRAINAGE FACILITY EASEMENT
BEING a 28,786 square feet 0.6608 acre tract of land (TRACT 1)and a 24,934 square feet 0.5724 acre tract of land
(TRACT 2) situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas,
and being part of a tract of land described in Special Warranty Deed to FW 1-35 Logistics Center, LLC recorded in
Instrument No. D219120119 of the Official Public Records of Tarrant County, Texas, said tract being more
particularly described as follows:
TRACT 1
COMMENCING at a 5/8-inch iron rod with "KHA" cap found in the south right-of-way line of Golden Triangle
Boulevard (a variable width right-of-way); said point being the most northerly northeast corner of said FW 1-35
Logistics Center, LLC tract; from said point a 1/2-inch iron rod found in the said south line of Golden Triangle
Boulevard bears South 89e21'51"West,a distance of 150.00 feet;
THENCE South 0'38'09" East, departing the said south line of Golden Triangle Boulevard and along the
northeast line of said FW 1-35 Logistics Center,LLC tract,a distance of 354.57 feet;
THENCE North 89'22'55" East, continuing along the northeast line of said FW 1-35 Logistics Center, LLC
tract,a distance of 35.50 feet to a point;
THENCE South 0'37'05" East, departing the northeast line of said FW 1-35 Logistics Center, LLC tract, a
distance of 5.43 feet to the POINT OF BEGINNING;
THENCE North 89'21'51" East, a distance of 351.49 feet to a point for comer,
THENCE South 0'38'09"East, a distance of 81.90 feet to a point for corner:
THENCE South 89'21'51"West, a distance of 351.49 feet to a point for comer:
THENCE North 0'38'09"West, a distance of 81.90 feet to the POINT OF BEGINNING and containing 28,786 square
feet or 0.6608 acres of land,more or less.
TRACT 2
COMMENCING at a 5/8-inch iron rod with "DUNAWAY" cap found for the northwest corner of Lot 1, Block 1,
Properties 413KE Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No.
D213284460 of said Official Public Records;
THENCE South 76'14'43" East,along the north line of said Lot 1,a distance of 357.96 feet to a point;
THENCE North 13'45'17" East,departing the said north line of Lot 1,a distance of 15.00 feet to the POINT
OF BEGINNING; DRAINAGE FACILITY EASEMENT
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kimlev))) Horn
301 Cherry Street,Unit 11,#1300 TeL No.(817)335-6511
Fort Worth,Texas 76102 FIRM If 10194040 w Aimley-hom.com
tale J Drawn by I Checked by Date Pro acl No. Sheet No.
WA CDP MCB 2AMM 064484003 101F4
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THENCE North 48e34'40" East, a distance of 278.40 feet to a point for comer;
THENCE South 0"46'17" East, a distance of 236.09 feet to a point for comer;from said point a 5/8-inch iron rod with
"AW 4186"cap found for the northeast comer of said Lot 1 bears South 02e20'45" East,a distance of 15.61 feet;
THENCE North 76014'43"West,a distance of 218.20 feet to the POINT OF BEGINNING and containing 24,934
square feet or 0.5724 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202),
with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this
metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately
sets out the metes and bounds of the easement tracts.
DRAINAGE FACILITY EASEMENT
• WILLIAM McCOWEN SURVEY,
,�� OF TES, ABSTRACT NO. 999
IC41CHAEL C. BILLINGSLEY CITY OF FORT WORTH, TARRANT
REGISTERED PROFESSIONAL *'
LAND SURVEYOR NO. 6558 ......................."'• COUNTY, TEXAS
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ••••:•......••••••......••••:•
UNIT 11 SUITE 1300 '• ,0 6558 �.:' Ki!p1lq! >>> Horn
FORT WORTH,TEXAS 76102 �'`��FESS\��Po�PH.817-335-6511 y0 U '"•Ey FrtWorth Tees 76102 Street, nit ' FIRM910194040 Tel.
www.kirney-horn817) �1
SURD
michael.billingsley@kimley-hom.com Scale I Drawn by I Checkedbv Date Prolect No. Sheet No.
N/A CDP MCS 2/BR020 064464003 2 OF 4
PADILLA,CAELAN 2/6/2020 4:20 PM K:1FTW_SURVEYW64464003-STREAM M2G BRAND FXIDWG\064464003-STREAM M2G BRAND FX_DRAINAGE FACILITY ESMT.DWG
GOLDEN TRIANGLE BOULEVARD
(A VARIABLE WIDTH RIGHT-OF-WAY)
_ NORTH
S89"21'51"W 150.00'
1/2"IRF
P.O.C. 50 ,00
RFC
N:7025324.92 5/8" .M.)
E:2330522.63 :7025 26.58
N:7025326.58 GRAPHIC SCALE IN FEET
E:2330672.61
I�
FW 1-35 LOGISTICS CENTER LLC R&S MILLER FAMILY
(INST. NO. D219120119) LIMITED PARTNERSHIP
n (INST. NO. D219088026)
TRACT 1
DRAINAGE
FACILITY EASEMENT
0.6608 ACRES
N89*235.50'255"E 28,786 SQ. FT.
L1
P.O.B. J
J
LEGEND L4
P.O.C.a POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
IRFC=IRON ROD WITH CAP FOUND
IRF=IRON ROD FOUND
C.M.=CONTROLLING MONUMENT
NOTES:
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202),with
an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes
and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the easement tracts.
DRAINAGE FACILITY EASEMENT
WILLIAM McCOWEN SURVEY,
,�Q� T •'
•r ABSTRACT NO. 999
MICHAEL C. BILLINGSLEY �: •
Z ` Zo :d' CITY OF FORT WORTH, TARRANT
REGISTERED PROFESSIONAL
LAND SURVEYOR N0.6558 .••..........•.....•.... COUNTY, TEXAS
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, • .......................
UNIT 11 SUITE 1300 '• ,0 6558 Kimlev))) Horn
FORT WORTH,TEXAS 76102 f �FESSO oe
•'.. V R• y E01 Charty saaat.Un911,N 1300 ToL N0.@17)33"511
PH.817-335-6511 E Fort worth,Texas 76102 FIRM s 10194040 www.Idmlay-homxom
michael.billingsley@kimley-hom.com scale Drawn by Chsdced by Date I Proled No• I Shestft
CDP MCS 2/62020 054454003 7 OF 4
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NORTH
Y
QOp yI 0 50 100
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0�/ c3 O z�� FW 1-35 LOGISTICS CENTER LLC
LL I. U" GRAPHIC SCALE IN FEET
Z o n r (INST. NO. D219120119)
a m
O 0
a U A
W o co co TRACT 2
_ Z m % i DRAINAGE
Z FACILITY EASEMENT
-lit P.O•C' 0.5724 ACRES
o y 51e•IRF 24,934 SQ, FT.
2 'DUNAWAY'(C.M.)
c)O N:7024744.28 �A
E:2329967.00 co
m .J
P.O.B.
LOT 1, BLOCK 1 --�
PROPERTIES 46KE ADDITION
(INST. NO. D213284460) 5/8'IRF L10
'AW 4186'(C.M.)
N:7024606.26
E:2330530.84
LEGEND
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
IRFC-IRON ROD WITH CAP FOUND
IRF=IRON ROD FOUND
C.M.=CONTROLLING MONUMENT
LINE TABLE
NO. BEARING LENGTH
L1 SOO'37'05"E 5.43'
L2 N89'21'51"E 351 AV
L3 S00°38'09"E 81.90'
L4 sag°21'S1'w 351.4s' DRAINAGE FACILITY EASEMENT
WILLIAM McCOWEN SURVEY,
L5 N00•38'09'w 81.9o' ABSTRACT NO. 999
L6 N13'45'17'E 15.00' CITY OF FORT WORTH, TARRANT
L7 N48.34'40'E 278.40' COUNTY, TEXAS
L8 SOO'46'17'E 236.09'
L9 N76'1443'W 218.20' Kimle, >> Horn
Po Fort 15.61' 801 Cherry Street,Und 11.s 1300 TaL No.(817)335-6511
Po Fort Worth,Texas 76102 FIRM N 10194040 wwwAimley-hom.com
S-10 Drawn by I Checked by I Date I Protect No. Sheet No.
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Exhibit "B"
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Exhibit "C"
Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION, MAINTENANCE, AND INSPECTION 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 volume is reduced by more than 10%. In addition, corrective measures are
required any time pond does not drain completely within 72 hours of
cessation of inflow. No standing water is allowed in pond.
Accumulated litter, sediment, and debris shall be removed every 6 months or as
necessary to maintain proper operation of the pond. Disposal shall be in
accordance with federal, state and local regulations.
To prevent debris from entering and clogging the downstream storm sewer
system a pipe inlet sediment trap 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.
• A log shall be kept of maintenance actions, and inspections. The log should
document the condition of the pond's primary components, 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.
Inspection forms shall be sent to the following:
Storm Water Division,
Transportation & Public Works Department,
City of Fort Worth
1000 Throckmorton Street,
Fort Worth, TX 76103
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
Exhibit "D"
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EXHIBIT "E"
[MAINTENANCE CONTRACT]
The Landowner, or its successor in interest to title of the Property, will
be responsible for the maintenance of said Facility in perpetuity.