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Home My WebLink AboutContract 54213 Jul 29, 2020 CSC No. 54213 8:27 am DOE # STORUWAT-ER—FACINam' MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of July 26 2020 , by and between Home Depot U.S.A., INC., 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 6.47 acre tract located in the William Norris Survey, Abstract 1165, Hugh F. Largent Survey, Abstract 960, Tarrant County, Texas according to the deed recorded in Volume 388-209, Page 56, 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 Civil Plans for the Home Depot USA, INC. Fort Worth 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 require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS the Cityi h requires qres that on-site Storm-water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.11/17/2016 Landowner, its successors and assigns, the location and dimensions of which are shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and , THEFZ>✓FOR>;;in—consideration—of—the---foregoing,—the mutualcovenants 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 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 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 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. City to provide 24-hr advance notice of planned entry. The purpose of inspection is to STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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-C—ity,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 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,ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OF THE ABOVE 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 BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY CRITERIA. 7. Landowner covenants and agrees that no habitable building shall be erected within the Facility Property, but this paragraph shall not preclude construction of other improvements within the Facility Property, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the Portion of the Property abutting such 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 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 Executed this 28th day of July 20 20 Landowner City of Fort Worth ?/1,q a Q W dAD z Dana Burghdoff(J 28,2020 .01 CDT) Name: John Chescavage bAtjK} / Assistant-City Manager Title: Corporate Counsel Approved as to Form and Legality K'_.� Chriata R.Lopm-Reynolds(Jul 28,2QM 09' T) Assistant City Attorney ATTEST City Secretary STORMWATER FACILITY MAINTENANCE AGREEMENT cJ Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on JUiy28,2020 by �k4&mi5dW Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. 0 LAU RI E Digitally signed by LAURIE w Q o PEQUENO LEWIS z x PEQUENO LEWIS Date:2020.07.28 14:44:48-05'00' ��LLMo daoo a Notary Public, State of Texas W z Q E U Je�C♦Sb� STATE OF GEORGIA § sO�° COUNTY OF DEKALB § jj, Before me, the undersi Ted authority on this day of l�/ , 20, personally appeared John Chescavage, 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 Home Depot U.S.A. Inc., and that he executed the same as its Corporate Counsel and as the act of such Corporate Counsel and for the purposes and consideration expressed in the foregoing instrument. �Oota�ryPub&ic, ate of Georgia Barbara Turner NOTARY PUBLIC Fulton County,GEORGIA My Commission Expires 09/1012022 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 con txact Compliance Manager By signing I acknowledge that Jam the person responsible for the monitoring and admin.istra[ion of this contract,including ensuring all perfoimaricc and rc pottinQrequirements, Ls Jamie S, Morales DeveIuPnlent Services 'Manager EXHIBIT ''All METES AND BOUNDS DESCRIPTION Detention Maintenance Area #1 BEING a tract of land situated in the H. Largent Survey, Abstract No. 960, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of Lot 9, Block 3, Riverbend West Business Park, an addition recorded in Volume 388-209, Page 56 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which the southwest corner of Lot 9, Block 3, bears S 75°47'06" W, 70.21 feet; THENCE N 00`08'08" W, 95.65 feet; THENCE N 89°51 '52" E, 228.17 feet; THENCE S 00°08'08" E, 65.23 feet; THENCE S 82°16'14" W, 230.19 feet to the POINT OF BEGINNING with the subject tract containing 18,354 square feet or 0.421 acres of land. This document was prepared under 22 TAC §663.21 , does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared Of PAGE 1 OF 3 DARREN K. BROWN J�SPIARSDETENTION MAINTENANCE AREA w 'P°ESS 1 ENGINEEPING a SURVEYING 0 S R`�F RIVERBEND WEST BUSINESS PARK U Drawn checked: Dote Job No. CITY OF FORT WORTH ED DKB 1 4/24/20 1 20-061 TARRANT COUNTY, TEXAS DARREN K.BROWN, R.P.L.S.5252 -e ,Arz0 �_,\20 ,--_dc �.� �V ,A�.� -e ---- -, d.. ,, r: .30.2 ___ o , Io, t c.." a .z_ 12 EXHIBIT "A" METES AND BOUNDS DESCRIPTION Detention Maintenance Area #2 BEING a tract of land situated in the H. Largent Survey, Abstract No. 960, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of Lots 7 & 8, Block 3, Riverbend West Business Park, an addition recorded in Volume 388-209, Page 56 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which the northwest corner of Lot 7 bears N 08"15'22" W, 215.87 feet; THENCE N 89°51 '52" E, 134.00 feet; THENCE S 00°08'08" E, passing at 36.29 feet the south line of Lot 7 and the north line of Lot 8, continuing a total distance of 100.00 feet; THENCE S 89°51 '52" W, 134.00 feet; THENCE N 00°08'08" W, passing at 63.71 feet said lot line, continuing a total distance of 100.00 feet to the POINT OF BEGINNING with the subject tract containing 13,400 square feet or 0.308 acres of land. This document was prepared under 22 TAC §663.21 , does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared OF G\SreRF�� PAGE 2 OF 3 DARREN K. BROWN IVSPIARSDETENTION MAINTENANCE AREA ENGINEERING&SURVEYING - 9 RIVERBEND WEST BUSINESS PARK Drawn:1L Checked: I Date Job No. CITY OF FORT WORTH1�G __ ED I DKB 4/24/20 20-061 r TARRANT COUNTY, TEXAS DARREN K.BROWN, R.P.L.S.5252 0 R T ' z 0 (�N LOT 7 50 0 50 100 J N 1" = 100' P.O.B. Basis of bearing: West I P' boundary line of Block 3, Riverbend West Business L5 Park, recorded in Vol. 388-209, Pg. 56 PRTCT — — 73 J CCD 7� Detention i `73 Line Table Maintenance N m Line N Bearing Distance I L7 Area#2 m 0 Lt N 00'08'08" W 95.65' 0.308 Ac. 3 Q L2 N 89'51'52" E 228.17' (13,400 S.F.) -;0 LOT 8 0 � L3 S 00.08'08" E 65.23' IT1 L4 S 82'16'14" W 230.19' I Y L5 N 89'51'52"E 134,00' RIVERBEND WEST 16 S 00'08'08" E 100.00' I m BUSINESS FARK L7 S 89*5112° W 111,10' Vol. 388-209, Pg. 56 PRTCT 1 18 N 00'08'08" W 100.00' LOT 9 Detention Maintenance Area #I 0.421 Ac. (18,354 S.F.) L2 1 \ J P.O.B. J PAGE 3 OF 3 L4 41'p6" w - AVENUE - OF T S 15 p��SE �P �o s r eR Ff ' ENTER ---- - ---- - ------ - - Variable width ROW DARREN K. BROWN SPIARS A 5252 v!� DETENTION MAINTENANCE AREA �-�,�o.�ss,�� ENGINEERINGa 1,S1 aVEvmle S URA - - _ RIVERBEND WEST BUSINESS PARK CITY OF FORT WORTH Drawn: Checked: Date Job No. ED DKB 1 4/24/20 1 20-061 TARRANT COUNTY, TEXAS DARREN K.BROWN,R.P.L.S.5252 n—ag c.A2o20 does\20 cei RI—de V—t _ � ._ _. - 1.._7 E, _. _...a .-d oi.. d: Pa .-.,- �/30/2CK ui NHW Elm mma 0A TI, z 3:: S2 O O a0J o 00 1 cn Yo'L < cli zc� N-0 Exhibit "C" CITY OF FORT WORTH STORMWATER 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. STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/17/2016 8 Exhibit "D" Stormwater 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 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT O Rev.11/17/2016