HomeMy WebLinkAboutContract 37179 CITY SECRETARY
CONTRACT NO.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 5'`' day of.Twn�. 2008, by and
between All Storage GB, L.P., acting by and through RMN Property Company,
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 9.274 acre tract located in the John F. Heath Survey, Abstract 641, Tarrant
County, Texas according to the deed recorded in Instrument No. D204184950, 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 Granbury Station 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 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
Landowner, its successors and assigns,the location and dimensions of which is shown and
more particularly described by metes and boun s in the attached Exhibit "A" ("Facility
°r 0
Property"); and; V
STORM WATER FACILITY MAINTENANCE AGREEMENT ORIGINAL
Rev.01/09/2007
J'�-08 PO4 = 14 1 ii
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 Storm Water 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 Storm Water 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.
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
STORM WATER FACILITY MAINTENANCE AGREEMENT
2
Rev.01/09/2007
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, 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,
STORM WATER FACILITY MAINTENANCE AGREEMENT 7�� .P' �L ?, 3
Rev.01/09/2007 I :
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF
THE DETENTION POND IN ACCORDANCE HEREWITH, OR AS A
RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY
DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE
FAILURE OF THE BANK OF THE POND,AND (3) AND FAILURE OF
THE POND AND ITS BANK TO OPERATE IN A MANNER
CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO
PERFORM ANY OF ITS 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, and 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.
�r ,•
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STORM WATER FACILITY MAINTENANCE AGREEMENT
4
Rev.01/09/2007 `J/ F
Executed this day ofC .24111 .
Landowner: All Storage GB, L.P.
a Texas Limited Partnership
By: All Storage GB, GP, LLC
a Texas Limited Liability Company
its General Partner
By: RMN Property Company-Registered Agent
By:
Coy Quin
President
City
City of Fort Worth
f eevv a Cos4o�
Assistant City Manager
Approved as to Form and Legality
�AAAA V, N
Assistant,_ rty Attorney
ATTEST
Contract Authorization
City Secretary
Date
winw��
STORM WATER FACILITY MAINTENANCE AGREEMENT , FL
Rev.01/09/2007 '- 5
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STAIE OF TEXAS § I
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COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of
200�by Fernando Costa,Assistant City Manager of the City ofFort W th,on behalf
of the City of Fort Worth
. HETTIE LANE
*: *= MY COMMISSION EXPIRES
r.....;° JUIY26,2011 Notar Pu lic, State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
i
Before me,the undersigned authouty on thi day of ,2008,
appeared Coy Quine,known tome to be the person whose name s bscribed to the
foregoing instrument and acknowledged to me that the same is the act of RMN Property I
Company,and that he executed the same as its President and as the act of such Agent and
for the purposes and consideration expressed in the foregoing instrument.
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,��,+►G'' CYNTHtA R==2
otary ub 1c, State of Texas
Notary Publi
= My Comm
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STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev 01/09/2007
EXHIBIT "A"
Retention Pond
BEING a tract of land situated in the John F. Heath Survey, Abstract No. 641, being a portion of Lot
2R1, Block 3, Granbury Station Addition, an Addition in the City of Fort Worth, Texas according
to the Plat thereof recorded in Cabinet A, Slide 9399, Plat Records, Tarrant County, Texas and being
a portion of that certain tract of land conveyed to All Storage GB, LP by Deed recorded in
Instrument No_ D204184950, Official Public Records, Tarrant County, Texas and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron rod found for corner in the North ROW line of Dirks Road (a 120'
ROW), said iron rod being at the most Southerly Southeast corner of said Lot 2R1 and the most
Southerly Southwest corner of Lot 2R2-3, Block 3, Granbury Station Addition, recorded in Cabinet
A, Slide 11499, Plat Records, Tarrant County, Texas;
THENCE:North 74 degrees 29 minutes 00 seconds West, along the North ROW line of Dirks Road
and the South line of said Lot 2R1, a distance of 58.00 feet to a point for corner;
THENCE: North 15 degrees 30 minutes 00 seconds East, departing the North ROW line of Dirks
Road and the South line of said Lot 2RI, a distance of 25.00 feet to a 1/2 inch iron rod set for corner
at the TRUE PLACE OF BEGINNING;
J 9�
THENCE: North 15 degrees 30 minutes 00 seconds East, a distance of 610.02 feet to a 1/2 inch iron
rod set for corner,
THENCE: South 74 degrees 30 minutes 00 seconds East, a distance of 58.00 feet to a 1/2 inch iron
rod found for corner at the Northwest corner of said Lot 2R2-3;
THENCE: South 15 degrees 30 minutes 00 seconds West, along the common line of said Lot 2R1
and said Lot 2R2-3, a distance of 610.02 feet to a point for corner;
THENCE: North 74 degrees 29 minutes 00 seconds West, departing said common line, a distance
of 58.00 feet to the TRUE PLACE OF BEGINNING and containing 35,381 square feet of land.
February 14, 2008 "''� ..�f••,�Y,�
+1 J.L. LANE
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REGISTERED PROFESSIONAL L � No. 2509
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EXHIBIT "A"
DETENTION POND
Lane's Southwest Surveying, Inc.
2717 Motley Drive, Suite B L O T 2 R I B L O CK. 3
Mesquite, Texas 75150 GRANBURY STATION ADDITION
Ph: (972) 681-4442 CABINET A • SLIDE 9399
Fax: (972) 681-4829
S 74 "JO '00 ` E / /6. 00 '
1/2" 1/2' 1/2" S 74030'00" E 676.02 '
Z
a LOT 2R2- 3
cy GRANBURY STATION
� 0) CABINET A, SLIDE 11499
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cV 00 Z O W N 74030'00' W 435.00'
z_— qr
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J(D U *_1 GRANBURY STATION
CABINET A, SLIDE 11499
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25' WATERLINE EASEMENT
VOL 6860 PG 242 DRTCT
SIR SIR
1/2"
25. 0 N T °29 '00 " 0' / /6. 00 '
276. 34 ' - -- --- �"29.98' TO THE WEST ROW LINE OF GRANBURY RD
: ^I��1 FIR N74°29 '00 " W 673. 4.3 '
iw��lD 1/2'
DIRKS ..
PUBLIC
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J.L. LAN
Scale: I "-100 ... ................ti,..
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BASIS OF BEARINGS:
Date : _02-14-2008 WEST LINE OF GRANBURY ROAD
R G' 15 ERED PROFESSIO A PER DEED VOL 10575 PG 2177
W03924EX. . .RAG �/ � ::°'L `` , DRTCT
EXHIBIT "A"
Detention Pond
BEING a tract of land situated in the John F. Heath Survey, Abstract No. 641, being a portion of Lot
2R2-3,Block 3, Granbury Station Addition, an Addition in the City of Fort Worth, Texas according
to the Plat thereof recorded in Cabinet A, Slide 11499, Plat Records, Tarrant County, Texas and
being a portion of that certain tract of land conveyed to All Storage GB, LP by Deed recorded in
Instrument No. D204184950, Official Public Records, Tarrant County, Texas and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron rod found for corner in the North ROW line of Dirks Road (a 120'
ROW), said iron rod being at the most Southerly Southwest corner of said Lot 2R2-3 and the most
Southerly Southeast corner of Lot 2R1, Block 3, Granbury Station, recorded in Cabinet A, Slide
9399, Plat Records, Tarrant County, Texas;
THENCE: North 15 degrees 30 minutes 00 seconds East, departing the North ROW line of Dirks
Road, along the common line of said Lot 2R2-3 and said Lot 2R1, a distance of 25.00 feet to a point
for corner at the TRUE PLACE OF BEGINNING,
THENCE: North 15 degrees 30 minutes 00 seconds East, along the common line of said Lot 2R2-3
and said Lot 2R1, a distance of 610.02 feet to a 1/2 inch iron rod found for comer at the Northwest
corner of said Lot 2R2-3;
THENCE: South 74 degrees 30 minutes 00 seconds East, along the North line of said Lot 2R2-3, a
distance of 58.00 feet to a 1/2 inch iron rod set for corner;
THENCE: South 15 degrees 30 minutes 00 seconds West, departing the North line of said Lot 2R2-
3, at 384.95 feet passing a point at the Northwest corner of said Lot 2R2-2 of said Block 3, Granbury
Station, continuing along the common line of said Lot 2R2-3 and said Lot 2R2-2, a total distance of
610.02 feet to a 1/2 inch iron rod found for corner;
THENCE: North 74 degrees 29 minutes 00 seconds West, along the North ROW line of Dirks Road
and the South line of said Lot 2R2-3, a distance of 5 8.00 feet to the TRUE PLACE OF BEGINNING
and containing 35,381 square feet of land.
OF
February 14, 2008 �¢ �ST-.9.,.�
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J.L. LANE
J. L. L "•r,� ��
REGIS ERED PROFESSIONAL L o. 2509
C:\OFFICE\WPWIN\WPDOCS\MLSC\WO3924DP(I M)
EXHIBIT "A"
DETENTION POND
Lane's Southwest Surveying, Inc.
2717 Motley Drive, Suite B
Mesquite, Texas 75150 LOT 2 R I BLOCK 3
Ph: (972) 681-4442 GRANBURY STATION ADDITION
Fax: (972) 681-4829 CABINET A , SLIDE 9399
S 74 °30 '00 - E / /6. 00 '
SIR
1/2 1/2- 1/2- ----- S 74030'00" E 678.02 '
N
O
ul
M
Z �
- --- -._ LOT 2R2- 3
�- � w GRANBURY STATION
0 0) o CABINET A, SLIDE 11499
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-' (D U a GRANBURY STATION
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25' WATERLINE EASEMENT
VOL 6860 PG 242 DRTCT
IR SIR
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25. 0 N 7 029 '00 " Y / /6. 00
276. 34 ' _ FIR 729.98' TO THE W_ST ROW LINE OF GRANBURY RD
= o^fro 1/2' N 74 029 '00 N 673. 43
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DIRKS '
120 PUBLIC � 4 � 7��� ,�_�
Scale: 1 "-100, BASIS OF BEARINGS :
k � WEST LINE OF GRANBURY ROAD
Date: 02-14-2008 �,� �� "�GI TEPROFESSIONA PER DEED VOL 10575 PG 2177
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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 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT I
Rev.01/09/2007
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
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
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.01/09/2007 9
Rap
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/20/2008
DATE: Tuesday, May 20, 2008
LOG NAME: 30ALL STORAGE REFERENCE NO.: **L-14538
SUBJECT:
Authorize the Execution of One Storm Water Facility Maintenance Agreement with All Storage GB,
L.P., for Property Located Near the Intersection of Dirks Road and Granbury Road in Southwest
Fort Worth (DOE 5196)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement from All Storage GB, L.P., for property located in southwest Fort Worth.
DISCUSSION:
The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of a
detention pond facility by the owner, All Storage GB, L.P. The maintenance of this facility shall occur at no
expense to the City of Fort Worth.
The detention pond will serve the Granbury Station Addition. This facility is necessary to limit storm water
run-off generated in the subdivision to pre-developed conditions, and to reduce the possibility of flooding to
residents downstream of the watershed. The facility is located north of Dirks Rd and west of Granbury Rd in
southwest Fort Worth.
The Facilities are located in COUNCIL DISTRICT 6, Mapsco 102D.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Jill D. Griffin (6253)
http://www.fortworthgov.org/council_paelcet/Reports/mc_print.asp 5/21/2008