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HomeMy WebLinkAboutContract 38731 (3)2 -- STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this t`r day of 2009, by and between Industrial Developments International (Texas), L.P. acting by and through ID International (Texas), Inc., its sole general partner hereinafter referred to as "Landowner", the Speedway Distribution Center Owner' Association, hereinafter referred to as "Association" 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 129.661 acre tract located in the Jeremiah Ivy Survey, Abstract No. 649, the James Smith Survey, Abstract No. 1149, and the Richard Matany Survey, Abstract No. 878, Denton County, Texas according to the deeds recorded in 200744535, and 2007- 13 8177, Deed Records, Denton 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 Speedway Distribution Center hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of storm water within the confines of the Property; and WHEREAS, the City and the Landowner and Association, 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 _ b_y_ Landowner, its successors and assigns, including Association, the 1pa��d M Y SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09//2007 of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Storm Water Facy is located. 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 and Association, 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 and Association, 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 Facilities, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 01 /09//2007 replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner and Association, 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 assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner and the Association, 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 and Association's. 5. The Landowner and the Association, 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 or the Association. 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION 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, 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 and Association 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 and Association 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 01 /09//2007 9. Notwithstanding anything to the contrary contained or implied in the Agreement, it is expressly agreed and understood that the liabilities, indemnities, covenants and obligations of Landowner and its successors -and - assigns and the right of the City to impress the lien described in Section 5 of the Agreement upon other lots owned by the Landowner, shall expire and be of no further force or effect upon the Transfer by Landowner to the Association of legal title to the Facility Property, save and except for any liabilities and obligations of the applicable party which may have accrued and are due and payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. Nothing hereunder shall prohibit the City from enforcing the liabilities, indemnities, covenants and obligations of the Association after the Transfer, and the City shall maintain the right to impress the lien described in Section 5 of the Agreement upon other property owned by the Association to secure the obligations of the Association under the Agreement. I� e Executed this �c day of 2 (Signatures on the following page.) STORM WATER FACILITY MAINTENANCE AGREEMENT cj Rev. 01 /09//2007 Landowner Industrial Developments International, (Texas), L.P., a Georgia Limited Partnership By: ID International (Texas), Inc. a Georgia Corporation, its sole general partner By, Nay Title: President Attest: 0 Name: Greg J. Ryan Title: Assistant Seeretary Association Speedway Distribution Center Owners' Association Printed: Doug Johnson Title: President City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Attorney ATTEST �;1ry �ecrecary • Y;i t r a Cct w ���6�IAi. RECORD G`�v` CREiAR1f PT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01l09//2007 STATE OF TEXAS § COUNTY OF TARRANT 9 This instrument was acknowledged before me on juhg, /'7, Aoo i by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. `F�e'' HETTIE LANE *: *= MY COMMISSION EXPIRES F+�= July 26, 2011 STATE OF GEORGIA § COUNTY OF FULTON § Notary Public, State of Texas Before me, the undersigned authority on this day, personally appeared Timothy Gunter and Greg J. Rom, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that the same is the act of ID International (Texas), Inc., as sole general partner of Industrial Developments International (Texas), L.P., and that they executed the same as its President and Assistant Secretary and as the act of such corporation and limited partnership and for the purposes and consideration expressed in the foregoing instrument. Mona Hand Notary Public, Gwinnett County, Georgia My Commission Expires Feb. 8, 2013 STATE OF TEXAS § COUNTY OF DALLAS § Notary Public, State of Georgia This instrument was acknowledged before me on �%�1 0 � Mp� �y by, Doug Johnson, authorized representative, acting on behalf of the Speedway Distribution Center Owners' Association, ROBBIE ORONA Notary Public, Stete of Texas My Commission Expires September 09, 2012 Notary Public, State of Texas STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09//2007 7 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT $ Rev. 01/09//2007 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 9 Rev. 01 /09//2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS 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 10 Rev. 01 /09//2007 Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 11 Rev. 01 /09//2007 official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT �VORTI I COUNCIL ACTION: Approved on 6/16/2009 DATE. 6/16/2009 REFERENCE **L-14788 LOG NAME: 20ROWEIDISPEEDWAY NO.. CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Storm Water Facility Maintenance Agreement with Industrial Developments International (Texas), L.P., for Property Located in the Jeremiah Ivy Survey, Abstract No. 649, and the James Smith Survey, Abstract No. 1149, and the Richard Matany Survey, Abstract No. 878, Located in Denton County, Texas, at No Cost to the City RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Storm Water Facility Maintenance Agreement with Industrial Developments International (Texas), L.P., for property located in the Jeremiah Ivy Survey, Abstract No. 649, and the James Smith Survey, Abstract No. 1149, and the Richard Matany Survey, Abstract No. 878, located in Denton County, Texas, at no cost to the City. Industrial Developments International (Texas), L.F'., is the owner of 130 acres of land containing seven separate parcels on which multiple private drainage easements along with two variable width private detention ponds will be placed. This agreement will provide for the management of the storm water within the confines of the Industrial Developments International property. The terms of the maintenance agreement assure for the proper maintenance of these facilities by Industrial Developments International at no cost to the City. Parcel No. Survey/ Abstract Acreage Type of Facility 1 Jeremiah Ivy Survey, 0.848 Private Drainage Easement Abstract No. 649 2 Richard Matany Survey, 0.029 15 Foot Private Drainage Easement Abstract No. 878 3 Richard Matany Survey, 2.364 Variable Width Detention Pond Abstract No. 878 4 Richard Matany Survey, 0.087 15 Foot Private Drainage Easement Abstract No. 878 5 James Smith Survey, 1.750 Variable Width Detention Pond Abstract No. 1149 6 James Smith Survey, 0.258 Private Drainage Easement Abstract No. 1149 7 James Smith Survey, 0.444 Private Drainage Easement Abstract No. 1149 The facility is located in COUNCIL DISTRICT 2, Mapsco 642. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will liavo no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20ROWEIDISPEEDWAY.pdf FROM Fund/AccounuCenters Fernando Costa (8416) William A. Verkest P.E (7801) Theresa Khammash (6349)