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HomeMy WebLinkAboutContract 43961 (2)CITY SECRETARY RU' CONTRACT' N0. f Fort Worth (Haslet), TX Store No. 5764-0C STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of --bit) e � , 201 z„ by and between WAL-MART STORES TEXAS, LLC, a Delaware limited liability 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 2.383 acre tract located in the B.R. Lacy Survey, Abstract 990, and the M.E.P.&P. Railroad Company Survey, Abstract No. 1131, Tarrant County, Texas according to the deed recorded as document no. D207365138, 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 Vista Crossroad 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 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 bounds in the attached Exhibit A ("Facility Property"); and STORM WATER FACILITY MAINTENANCE AGREEMENT / FORT WORTH (HASLET) 16358.397 / REV. 01/09/2007 / D-#2011659v3_DAL_ - FORT WORTH (HASLET) #5764-1)- S AGREEMENT(D\VBRL9 06 12) 1 2-07-1 2 A09 : 1 8 IN ST W� LAGE 1 C0'1 SECRETARY FT, WORTH, TX 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 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 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 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„ after thirty (30) days written notice to Landowner, may enter upon the STORM WATER FACILITY MAINTENANCE AGREEMENT / FORT WORTH (HASLET) STORE #5764-01 16358.397 / REV 01/09/2007 / D-#2011659V3_DAL_- FORT WORTH (HASLET) #5764-01 - STORM WATER FACILITY MAINTENANCE AGREEMENT(D\VBRL9 06 12) PAGE 2 Facility Property and take whatever stens 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 required herein. 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 the Property. 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 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 FACILITY 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 BANK OF THE POND, OR (3) STORM WATER FACILITY MAINTENANCE AGREEMENT / FORT WORTH (HASLET) STORE #5764-01 16358.397 / REV. 01/09/2007 / D-#2011659v3_DAL_- FORT WORTH (HASLET) #5764-01 - STORM WATER FACILITY MAINTENANCE AGREEMENT(DWBRL9 06 12) PAGE 3 FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA; OR FAILURE 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. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnitees, and obligations of Wal-Mart Stores Texas, LLC (Wal-Mart"), as Landowner hereunder, shall expire and be of no further force and effect upon the transfer by Wal-Mart of legal title to the Property, save and except for any liabilities, indemnitees and obligations of Wal-Mart, as Landowner hereunder, and are due, payable, and/or performable as of the date of the transfer and which expressly service the transfer. [Remainder of Page Intentionally Left Blank; Signature Page Follows.] STORM WATER FACILITY MAINTENANCE AGREEMENT / FORT WORTH (HASLET) STORE #5764-01 16358.397 / REV. 01/09/2007 / D-#2011659v3_DAL_ - FORT WORTH (HASLET) #5764-01 - STORM WATER FACILITY MAINTENANCE AGREEMENT(DWBRL9 06 12) PAGE 4 CITY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Appr• v-ed asi t • Form and Legality 2 C/?: ecre Assistant City Attorney vt4t c - Ztirn 1l-L1 (t_ EXECUTED this � day of Di r LANDOWNER: WAL-MART STORES TEXAS, LLC a Delaware limited liability company Name: Brianiloaper , et..ati A Al) Title: Vice -President t, r tc$ i r C r• Pia) 1- ASA tart' Secretary yC U FOFFICIAL RECORD ©WV SECRETARY VA WORTH, 5) tOf F041„,lki, n 400"0 on Mite1/200(;)00w ory 441Sscrse STORM WATER FACILITY MAINTENANCE AGREEMENT / FORT WORTH (HASLET) STORE #5764-01 16358.397 / REV 01/09/2007 / D-#2011659V3_DAL_- FORT WORTH (HASLET) #5764-01 - STORM WATER FACILITY MAINTENANCE AGREEMENT(DWBRL9 06 12) PAGE 5 a STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged by Fernando Costa, Assistant City Manager the City of Fort Worth. (SEAL) 001111,4 • chi: A�- : q.• �.��.: *. .�, *_ t.. . ,J. On. t. .; • .+v1 ,,)/ F foci t �.... - 7-4 STATE OF ARKANSAS COUNTY OF BENTON before me on 1JL°Q°/%%OL r , 2012, of the CITY OF FORT WORTH, on behalf of • vincese r Notary Public, StateofTexas EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 • Before me, the undersigned authority on this day of 10( inhtr 2012, personally appeared MA ( hat! 14 fl-t.lcun_- , 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 't/tj& l I L(ccrt- ram_ � 1t4s , ,L.L L� , and that he executed the same as its Wire( how 0-(__ nes all and as `the act of such 0 ; PI .% r fl 4- and for the purposes and consideration expressed in th - e regoing i strulnent t eS i9 fl OFFICIAL SEAL SHERI FIEL (SE*JJJASHINGTONRY PUBLIC — t fK<AN SAS MY COMMISSION EXP. MiY 27, 2020 , col`ImISsI na z 2: 7 7 21 6 --- -"... =-a:.c c..�r•�-•2• e� .,ra6xs.rea Notary Public, State of Arkansa STORM WATER FACILITY MAINTENANCE AGREEMENT / FORT WORTH (HASLET) STORE #5764-01 16358.397 / REV. 01/09/2007 / D-#2011659v3_DAL_ - FORT WORTH (HASLET) #5764-01 - STORM WATER FACILITY MAINTENANCE AGREEMENT(D\VBRL9 06 12) PAGE 6 EXHIBIT A LEGAL DESCRIPTION (INSERT LEGAL DESCRIPTION) EXHIBIT A , Exhibit A STORM WATER DETENTION FACILITY BEING a 1.811 acre tract of land situated in the B.R. Lacy Survey, Abstract Number 990 and the M E P. & P. Railroad Company Survey, Abstract Number 1131, Tarrant County, Texas, being a portion of the tract of land described in the deed to Wal—Mart Stores Texas, LLC recorded in Document Number D207365138, Deed Records of Tarrant County, Texas, said 1.811 acre tract of fond being more particularly described as follows: COMMENCING at the common easterly corner of Lot 2, Block 1, Vista Crossroads Addition, on addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 12436, Plat Records of Tarrant County, Texas and said Wal—Mart Stores Texas, LLC tract; THENCE with the easterly line of said Wal—Mart Stores Texas, LLC tract South 00° 12' 39" West a distance of 22.30 feet to a point for corner; THENCE departing the easterly line of said Wal—Mart Stores Texas, LLC tract North 89' 47' 21" West a distance of 2.00 feet to the POINT OF BEGINNING; THENCE South 00' 12' 39" West a distance of 542.48 feet to the point of curvature of a curve to the right h aving a radius of 20.00 feet; THENCE Southwesterly along said curve through a central angle of 74' 51' 43" on arc distance of 26.13 feet with a chord bearing of South 37' 38' 30" West and a chord distance of 24.31 feet to the point of tangency of said curve; THENCE South 75' 04' 22" West a distance of 18.62 feet to the point of curvature of a curve to the right having a radius of 20.00 feet; THENCE Northwesterly along said curve through a central angle of 90' 00' 29" an arc distance of 31.42 feet with a chord bearing of North 59' 55' 23" West and a chord distance of 28.29 feet to the point of tangency of said curve; THENCE North 14' 55' 09" West a distance of 437.92 feet to a point for corner; THENCE North 23' 43' 19" West a distance of 122.79 feet to the point of curvature of a curve to the right h aving a radius of 25.00 feet; THENCE Northeasterly along said curve through a central angle of 113' 08' 58" on arc distance of 49.37 feet with a chord bearing of North 32' 51' 10" East and a chord distance of 41.73 feet to the point of tangency of said curve; THENCE North 89' 25' 39" East a distance of 178.63 feet to the point of curvature of a curve to the right h aving a radius of 20.00 feet; THENCE Southeasterly along said curve through a central angle of 90' 47' 00" an arc distance of 31.69 feet with a chord bearing of South 45' 10' 51" East and a chord distance of 28.48 feet to the POINT OF BEGINNING,• CONTAINING a computed area of 1.811 acres (78,881 square feet) of land. SOUNAWA 550 Bailey Avenue • Suite 400 • Fart Worth, Texas 76107 Tel: 817.335.1121 • Fa:c 817.335.7437 A drawing of even date accompanies this metes and bounds description SHEET 1 OF 2 STORM WATER DETENTION FACILITY B.R. LACY SURVEY, ABSTRACT NUMBER 990 & THE M.E.P. & P R R. COMPANY SURVEY, ABSTRACT NUMBER 1131 CITY OF FORT WORTH TARRANT COUNTY, TEXAS DATE: SEPTEMBER 14, 2012 JOB NUMBER: 2005238 0 SCALE 1"= 100' Si FEET OCLC j g90 100' CL ty0• Ile V.t" A=113'08'58" 0la •91 R=25.00' L=49.37' CH—N32'51'1 0"E 41.73' Exhibit A AVONDALE HASLET ROAD (VARIABLE WIDTH RIGHT—OF—WAY) APPROXIMATE LOCATION OF SURVEY LINE tri • 4g C� �0 • cP 4• 1' WAL— MART STORES TEXAS, LLC DOCUMENT NUMBER D207365138 Curve Central Number Angle C1 74'51 43" C2 90'47'00" Curve Radius 20.00' 20.00' Table Arc Length 26.13' 31.69' CITY OF FORT WORTH DOCUMENT NUMBER D211236716 LOT 2, BLOCK 1 VISTA CROSSROADS ADDITION CABINET A, SLIDE 12436 POINT OF COMMENCING "1"'N89'5��3"I�I I ,��,„ „„, S00'12'39"W ' 9+IE 178.63��22.30' C2 POINT OF BEGINNING 1.811 ACRES 78,881 SQUARE FEET Chord Bearing and Distance S37'38'30"W 24.31' S45'10'51 "E 28.48' rn cn O A=90'00'29" R=20.00' L=31 42' CH=N59'55'23"W 28.29' The Basis of the bearings shown hereon is the Wal—Mart Stores Texas, LLC deed recorded in Document Number D207365138, Deed Records of Tarrant County, Texas. ASDUNAWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Roc 817.335.7437 A metes and bounds description of even date accompanies this drawing. C1 N89'47'21 "W 2 00' J ce (n W om O = n O Z d- U 1n O• p N �wr` O CC U �O Z 0 S .•-- 2' S75'04'22"W 18.62' SHEET 2 OF 2 STORM WATER DETENTION FACILITY B.R. LACY SURVEY, ABSTRACT NUMBER 990 & THE M.E.P. & P R.R. COMPANY SURVEY, ABSTRACT NUMBER 1131 CITY OF FORT WORTH TARRANT COUNTY, TEXAS DATE: SEPTEMBER 14, 2012 JOB NUMBER• 2005238 EXIIIBIT B FACILITY SPECIFICATIONS (SEE ATTACHED) EXHIBIT B G:\Product:w\fietc•\2005\2005299\E•g="="g \E.nUU\20f2-0926.Pcd#-8a9 - 2012-09-26, 053 A6f: pc.5_ • / / 18561 / t\A I L 2010 / 4ART IUPERCEN,yh R 10. 5'?64-00 FT/ RLDG. PAD\ • • / DATE: 09-26-12 SCALE: 1" = 80 (81" X 11") 855 / I I I 1 . *Pe II /a / { Exhibit B // // /I // /1 it N /co / // / 1_ / 1 I / / I / I // //// ; / / / DUNAWAy 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel* 817 335.1121 • Fax: 817.335.7437 (1x REG. F-1114) I I I II 1 1 II Sheet 2 of 2 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. EXHIBIT C EXHIBIT D STORM WATER STRUCTURAL MAINTENANCE CHECKLIST FREQUENT INSPECTION 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 -Rap Condition of filtration system Beim or Rmbankment DATE REPAIRS REPAIRS REQUIRED MADE EXHIBIT D NOTES Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation EXHIBIT D M&C Review Page 1 of 1 CITY COUNCIL AGENLA Official site of the City of Fort Worth, Texas FORT ORiI1 COUNCIL ACTION: Approved on 12/4/2012 DATE: 12/4/2012 REFERENCE NO.: C TYPE: SUUJECT: **C-25984 LOG CONSENT PUBLIC NO HEARING: 20ROWE6306- WALMARTSWFMA Authorize Execution of a Stormwater Facility Maintenance Agreement with Wal-Mart Stores Texas, LLC, on Property Located in the 2300 Block of Avondale Haslet Road, M.I^.P. & P.R.R Company Survey (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of a stormwater facility Maintenance Agreement with WaI-Mart Stores Texas, LLC, for property located in the 2300 block of Avondale Haslet Road, M.F.P. & P.R.R. Company Survey, at no expense to the City. DISCUSSION: Wai-Mart Stores Texas, LLC, is the owner of a 2.383 acre tract of land upon which it will construct a detention pond. The facility is being constructed to limit stormwater runoff from their property to predevelopment levels. The detention pond will be located south of Avondale Haslet Road, in the M.E. P. & P.R.R. Company Survey, Abstract No. 1131. The terms of the Maintenance Agreement ensure proper maintenance of the facility by Wal-Mart Stores Texas, LLC, at no cost to the City. The facility is located in COUNCIL DISTRICT 7, Mapsco 4V. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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 bv: Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Theresa Khammash (6349) ATTACHMENTS 6306-20ROWE6306WALMARTSWFMA. pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=17703 &couneildate=12/4/2012 12/5/2012 MAYOR AND COUNCIL COMMUNICATIOw MAP i RUBY LEA FTINSLEY r- pFnFN STORM WATER DETENTION AREA 78,881 SQ. FT. OR 1.811 ACRES WAL-MART STORES TEXAS, LLC D207365138, D.R.T.C.T. 20ROWE6306WALMARTSWFMA Copyright 2011 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. CbNirlif0 VON DALE HASLET TRACT III HUNTER CROSSROADS, LP D207294400, D.R.T.C.T. DETAIL OF PROJECT LOCATION SINGING --QUAIL e tu 0 EA ROCK ,-Et Nt GRAND ` 0 CENTIIA TRADE. �11VD WESTPORT TRANSP`RT w z 4 HARMON 4-11)1,611 WORLD WIDE h. id a ict r KELLER NICKS ®� 1 z HERITAGE1 TRACE L U 3,000 t it 6,000 O -L� U z Jah- w ® o U 0 12,000 FT AU "I DOE# 6306, CITY PROJECT NO. 01414 AVONDALE HASLET ROAD