HomeMy WebLinkAboutContract 40581CITY SECRETARY
CONTRACT NO,
STORM WATER FACILITY
MAINTENANCE AGREEMENT
13"I Jo
THIS AGREEMENT, made and entered into this day of J ,
2010, by and between REALTY CAPITAL RIVE SIDE, LTD., 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 Lot 2R-2-1, Lot 2R-2-2 and Lot 2R-2�
3, Block A of the Riverside Commercial Addition, an addition in the City of Fort Worth,
Tarrant County, Texas, according to the map or plat thereof recorded under Instrument
No. D210097021 of the Official Public Records of Tarrant County, Texas, hereinafter
called the "Property".
WHEREAS, the Landowner (or its successor and assigns) is proceeding to build
on and develop the Property according to the Site Plan/Subdivision Plan known as WAG
Development, Ltd. On Site Development Plans; Project No. 6334 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, on Lot 2R-2-2, Block A of the Riverside
Commercial Additional, an addition in the City of Fort Worth, Tarrant County, Texas,
STORM WATER FACILfTY MAINT�NANC� AGR�F:MF~NT
Rev. 09l0812007 :
0`7-19-10 P03�21 IN
07-16-10 P02�58 IN
according to the map or plat thereof recorded under Instrument No, D210097021 of the
Official Public Records of Tarrant County, Texas ("Facility Properrty" ), Said Facility
Property is also described by metes and bounds on Exhibit "Awl" and depicted on Exhibit
"A-2" attached hereto; 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 Facility at no expense to the City of Fort Worth in accordance
with the design specifications for the Facility, attached as Exhibit "A", 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 "B".
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 fanetions, The
Storm Water Structural Control Maintenance Checklists, attached to this
Agreement as Exhibit "C", 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
Gity, its aukhorized agents and employees, to enter upon the Property and to
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev, 01/0912007
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, 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 014 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, successors and assigns
obligation.
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 fall 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 AGRRES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE IaVENT THE FACILITY PAILS TO
S70RM WATER FACIIrTY MAINTENANCE AGREEMENT 3
Rev. 01I08/2o07
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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITY TO MAINTAIN THE BED AND BANKS OF THE
DETENTION POND IN ACCORDANCE WITH THIS AGREEMENT,
AND/OR ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR
CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT
ARISE AS A RESULT OF (I) FLOODING OF THE DETENTION
POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OR
THE DETENTION POND, AND (3} FAFT. URI; OF THE DETENTION
POND AND ITS BANK TO MEET THE CITY OF FORT WORTH
CRITERIA OR TO CAPABLY PERFORM PURSUANT TO ANY OF
THE LANDOWNER'S DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected on
the Facility Property but this paragraph shall not preclude construction of other
improvements upon the Facility Property, which do not impede drainage.
Landowner covenants and agrees that no habitable building shall be erected on
the Facility Property 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 ] 00 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.
9. Landowner also agrees that Landowner shall at all times comply with the
Development and Owner's Agreement between WAG Development, Ltd, and
Realty Capital Riverside, Ltd. as shown in Exhibit D.
STORM WATER FACILITY MAINTRNANCE AGREEMENT Lt
Rev. Oil0912007
[Signature Page to Follow]
STORM WATER FACILITY MAINTENANCE AC3REEMENTrj
Rev, Oi/09/2007
)s )ul
Executed this day of_mum Vn
Landowner;
REALTY CAPITAL RIVERSIDE LTD,,
A Texas limited partnership
By; Realty Capital Corporation
Its; er��al Partner
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ame;
Title:
Contract Authorizatiox
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date
OFI:iCIA� R�CCR®
CITY SECRETARY
FT. WORTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 0110812007
2010•
c;ty:
City of Fort Worth
IIII
Fernando Costa
Assistant City Manager
Approved as to Form
Assistant City Attorney
Recommended By:
i
i iam Ver est
TP&W Director
ATTEST
STATE OF TEXAS §
COUNTY OF TARK ANT §
This instrument was acknowledged before me onj/
Y �,�L LO! U by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of For( Worth,
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
STATE OF TEXAS §
COUNTY OF! k . §
Notary Public, State of Texas
This instrument was acknowledged before me on the + day of
73 , 2010 by
as p�ffc't� of Realty Capital Corporation, General Partner of Realty
Capital Riverside, Ltd., on behalf of said corp ation and limited partnership,
tary Public -State of Texas
S70RM WATER FACILITY MAINTENANCE AGRREMRNT
Rev. 01109/2007
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PROPOSED .
PLAT CASE No, 0i:
I6641 N, RIVERSIDE DRIVE-�
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Exhibit "0
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 INnches 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 MAINTENANCElINSPECTION
® 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 "C"
Storm Water Structural Maintenance CHEGKLIST
FREQUENT
DATE
REPAIRS
REPAIRS
NOTES
INSPECTION
REQUIRED
MADE
Mowin
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 Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip -
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
Rev. 01/08l2007
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
ftev. 01/08I2007
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FORT WORTH
COUNCIL ACTION: Approved on 7/13/2010
DATE: 7/13/2010 REFERENCE **C-24311 NAME: LOG 20ROWEREALTYCAPITALRIVERSIDE
0 NECODE: C TYPE: CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement with Realty
Capital Riverside, LTD., Located on Lot 2R-2-2, Block A of the Riverside Commercial
Addition, (6641 North Riverside Drive) at No Cost to the City (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility
Maintenance Agreement with Realty Capital Riverside, LTD., located on Lot 2R-2-2, Block A of the
Riverside Commerical Addition, (6641 North Riverside Drive), situated north of Western Center
Boulevard and east of North Riverside Drive in north Fort Worth at no cost to the City.
DISCUSSION:
Realty Capital Riverside, LTD., will construct a storm water detention pond that will serve the planned
subdivision known as WAG Development, LTD., located north of Western Center Boulevard and east
of north Riverside Drive. This facility is necessary to limit storm water run-off generated on the
property to pre -development levels. The maintenance will be performed at no cost to the City.
The facility is located in COUNCIL DISTRICT 4, Mapsco 35V.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
William A. Verkest P.E. (7801)
Theresa Khammash (6349)
ATTACHMENTS
5804_20ROWEREALTYCAPITALRIVERSIDE2.pdf