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HomeMy WebLinkAboutContract 45829 (2)2J 0 b 3 1 r DOE # STORM WATER FACILITY MAINTENANCE AGREEMENT 0:r1;LVL:1- AMP coofp Cli THIS AGREEMENT, made and entered into this .-- day of 2S util 2014, byand between ALA Mr.. actingbyand through � g t trig t)/?!I27) , hereinafter referred to as "Landowner", and the of City Fort Worth, hereinafter referred to as "City". WHINES SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 12.627 acre tract located in the SARAH RHODES Survey, Abstract 1326, Tarrant County, Texas according to the deed recorded in Volume 6891, Page 938, 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 ALCON 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 PEFFP18L RECORD Pia( (,SECRETARY _ 1� [H'ii l RTI ,TX 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 2 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, 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 3 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 ABOVE FACILITITY 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 OF FORT WORTH CRITERIA 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. [SIGNATURE PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 4 Executed this Z 3 dayiLA o� e 2014. Landowner Name! h/e!'Ida rd Title: \<P6-7 10 LI E-seLyi 1-1 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Forney 69assfr• J'ai°04.9 ATTEST ©f lY SECic E / r.wtxui9�� J STATE OF TEXAS COUNTY OF TARR,AINT This instrument was acknowledged before me on .201 by Fernando Costa, Assistant City Manager of the City of Fort Wort , on behalf of the City of Fort Worth. M • •• 0. e. EVONIA DANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 STATE OF TEXAS COUNTY OF TARN T Before c otary Public, State of Texas me, the undersigned authority 2014, 4QfYa* on this .� personally day of appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledg d to me that the same is the act of Ocrac4iif-e9tjvns-cf , and that he executed the same as its a ut (i&ci RRCt and as the act of such Nara consideration expressed in the foregoing instrument' cc" Notary Dublic, State of Texas nd for the purposes and ta•lirt. . millal.i seal.al Jells 6011014 a mia•la - sh---.- • .1e aoe ELLEN S. SMITH Notary Public, State of Texas My Comrnission Expires ,April 18, 7018 - --1 7f0 r -- STORM WATER FACILITY MAINTENANCE AGREEMENT Rev 09/-10/20 'i 2 6 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 EXHIBIT L6A" DRAINAGE FACILITY PROPERTY Part of Lot E, Block 2, Alcon Addition Sarah Rhodes Survey, Abstract No. 1326 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 1.719 acre tract of land situated in the Sarah Rhodes Survey, Abstract No. 1326, Tarrant County, Texas; said tract being part of Lot E, Block 2, Alcon Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A Slide 1474 of the Plat Records of Tarrant County, Texas; also being part of that tract of land described in Deed to Alcon Laboratories, Inc. recorded in Volume 6891, Page 938 of the Deed Records of Tarrant County, Texas; said 1.719 acre tract being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observations made on June 19, 2014): BEGINNING, at a 5/8-inch iron rod with "BROOKES BAKER" cap found in the east right-of-way line of Interstate Highway No. 35W (a variable width right-of-way); said point also being the southwest corner of said Lot E, Block 2; THENCE, North 00 degrees, 30 minutes, 35 seconds West, along the said east line of Interstate Highway No. 35W and the west line of said Lot E, Block 2, a distance of 252 10 feet to a point at the beginning of a non -tangent curve to the right; THENCE, in a northerly direction along said curve and said east line of Interstate Highway No. 35W, having a central angle of 11 degrees, 43 minutes, 38 seconds, a radius of 1,889.85 feet, a chord bearing and distance of North 05 degrees, 19 minutes, 17 seconds East, 386.13 feet, an arc distance of 386.81 feet to a point at the end of said curve; said point being the northwest corner of said Lot E, Block 2; THENCE, North 89 degrees, 42 minutes, 26 seconds East, departing the said east line of Interstate Highway No. 35W and along the north line of said Lot E, Block 2, a distance of 120.00 feet to a point for corner; said point being the beginning of a non -tangent curve to the left; THENCE, departing the said north line of Lot E, Block 2 and in a southerly direction along said curve, having a central angle of 12 degrees, 29 minutes, 57 seconds, a radius of 1,772.41 feet, a chord bearing and distance of South 05 degrees, 42 minutes, 27 seconds West, 385.89 feet, an arc distance of 386.65 feet to a point at the end of said curve; THENCE, South 00 degrees, 30 minutes, 35 seconds East, a distance of 249.82 feet to a point for corner in the south line of said Lot E, Block 2; THENCE, South 88 degrees, 20 minutes, 51 seconds West, along the said south line of Lot E, Block 2, a distance of 117.46 feet to the POINT OF BEGINNING; CONTAINING. 74,890 square feet or 1.719 acres of land, more or Tess. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. Michael Larry1LewisiJr. Registered Professional L Pacheco Koch Consulting 6filfpt' fr Gate Surveyor No. 5773 ineers, LLC 6100 Western Place, Suite 1001, Fort Worth, TX 76107 (817) 412-7155 TX Reg. Surveying Firm LS-10193824 3485-13.390EX1 3485-13.390EX1 pmd PAGE 1 OF 2 J: \DWG-34\3455-13.390\DWG\SURVEY C3D 2012\3465-13.390EX1.DWG 06/19/2C` 4 - 5: 36PM -J N 89°42'26" E 120.00' 5/8-INCH IRON ROD FOUND (C.M.) A 11 °43' 38" R=1, 889.85' L=386.81' T= 19 4.08' C B = N 05°19'17" E CD= 386.13' LO i Cir) iftwei d (Dco cc Nei ILI IC J POINT OF BEGINNING ...N.- • ' N 5/8-INCH IRON ROD S 88°2o 5� WITH BROOKES BAKER" CAP FOUND (C.M.) 117.46' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. Lf'04L Michael Larry ewis, Jr. D to Registered Professional Land Surveyor No. 5773 0 848.79'\\N LOT AR, BLOCK 2 ALCON ADDITION (VOL. 388-163, PG. 69) LOT B, BLOCK 2 ALCON ADDITION (VOL. 388— 202, PG. 4) A- 12°29'57" R=1,772.41' L= 386.65' T=194.10' CB=S 05°42'27" W CD=385.89' LOT E, BLOCK 2 ALCON ADDITION (CAB. A, SL. 1474) ALCON LABORATORIES, INC. (VOL. 6891, PG. 938) co t cis / 768.40' W DRAINAGE FACILITY PROPERTY 1.719 ACRES (74,890 SF) NOTES: 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND PROPERTY LINE EASEMENT LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT 0 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System -- NAD 83, North Central Zone 4202, based on observations made on June 19, 2014. jiPacheco Koch6100 WESTERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412.7155 - TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-10193824 DRAWN BY CHECKED BY SCALE DATE JOB NUAVER PMD MLL 1"=100' JUNE 2014 3485-13.390 LOT 2R, BLOCK 1R CARTER INDUSTRIAL PARK (VOL. 388-134, PG. 79) DRAINAGE EASEMENT PART OF LOT E, BLOCK 2, ALCON ADDITION LOCATED IN THE CITY OF FORT WORTH, TEXAS SARAH RHODES SURVEY, ABSTRACT NO. 1326 TARRANT COUNTY, TEXAS PAGE 2 OF 2 DWG FILE: 3485-13.390EX1.DWG I1111 hi. Ili n11 111111!! hill ii iii�������a��i,i�� INSTERSTATE 35W SERVICE ROAD EMU CONCt ETE PAYEl}ENT EMERGENCY SPILLWAY 0 \ Pacheco Koch z( 07 WD W SECTION CTIO1 / A —A. _ I n 173 ID DALLAS ■ FORT WORTH • HOUSTON DRAWN BY CHECKED BY PAC JCM SCALE 1.01601 B—B 8350 N. CENTRAL DXPWY. SU11E 1000 DALLAS, TX 75208 972.235.3031 7X REG. ENG98:'E ING FIRM F-489 7X REG. SURVEYING FIRM LS-100080-00 DATE I JOB NUMBER 06/19/2014 3485-13.390 OH© D L 11;:ir 0 30 60 120 GRAPHIC SCALE IN FEET MAXIMUM SIDE SLOPE 4:1 (H: V) MAXIMUM HEIGHT sit 6.60' 10' EQUIPMENT 1 ACCESS AREA REFERENCE 84 FOR PHYSICAL STRUCTURES 62 6►1 1" or uoiv d ALCON DATA CENTER DETENTION POND PART OF LOT E, BLOCK 2 ALCON ADDITION LOCATED IN THE CITY OF FT WORTH, TEXAS SARAH RHODES SURVEY, ABSTRACT NO. 1326 TARRANT COUNTY TEXAS DWG FILE: 3485-13.390—GR.D'VG XREF FILE: 3485-13.390—BA.DWG Vnr•." 14411 r `I I nr 4 9 9AA no Haan 10' EQUIPMENT ACCESS AREA EXISTING I I' I_ GROUND C TENTOC R 4 MAX 1 HEIGHT VARIES 6.6' 1MAX 16.5' SECTION A -A 8350 N. CENTRAL EXPWY. SU I1E 1000 DALLAS. 1X 75206 972.235.3031 1X REG. D1G CERING F)RM F-469 DALLAS • FORT WORTH . HOUSTON 1X REG, SURVEIANG FIRM LS-100060.00 Pacheco Koch DRAWN BY CHECKED BY PAC JCM SCALE NTS DATE I JOB NUMBER 06/19/2014 3485-13.390 SS SLCTU 0 Lnl 10' EQUIPMENT ACCESS AREA l2 d:r4 ALCON DATA CENTER DETENTION POND PART OF LOT E, BLOCK 2 ALCON ADDITION LOCATED IN THE CITY OF FT WORTH, TEXAS SARAH RHODES SURVEY, ABSTRACT NO. 1326 TARRANT COUNTY, TEXAS DWG FILE: 3485-13.390-GR.D VG XREF FILE: 3485-13.390-BA.DWG t#nr wl r 9 A nr • 911 9An no a naaan Era o OT EXISTING GROUND ell 8350 N. CENTRAL EXPWY. SUITE 1000 DALLAS, TX 75208 972.235.3031 TX REG. ENGINEERING FIRM F-489 DALLAS . FORT WORTH . HOUSTON TX REG. SURVEYING FIRM LS-100080-00 10' EQUIPMENT ACCESS AREA 4 MAX ETENTOoa ooRilp L 18" STORM DRAIN OUTFALL 0.65X SECTION B-B DRAWN BY CHECKED BY PAC JCM SCALE I DATE JOB NUMBER NTS 06/19/2014 I 3485-13.390 MOM L SC CT° 10' EQUIPMENT ACCESS AREA 4 MA 1 14.8' ALCON DATA CENTER DETENTION POND PART OF LOT E BLOCK 2 ALCON ADDITION LOCATED IN THE CITY OF FT WORTH, TEXAS SARAH RHODES SURVEY, ABSTRACT NO. 1326 TARRANT COUNTY, TEXAS DWG FILE: 3485-13.390-GR.D VG XREF FILE: 3485-13.390-BA.DWG Pacheco Koch ONNECT TO EXISTING TXDOT CURB INLET FL 18"=685 91 (E) DEVELOPMENT ADEQUATE OUTFALL, LXUUD�DT rn GRATE IN TOP OF GRATE-69 30. R FLe688. STO o� oL -C _ Rg 0 30 60 120 GRAPHIC SCALE IN FEET STA 0+00.00 LINE "ES-1" BEGIN PROPOSED STORM DRAIN FL 4"=689 47 (NE) TYPE 'B" TXDOT CONCRETE HEADWALL FL 18'=689 38 (W) WITH FLOW REDUCTION PLATE PROP 18" STORM DRAIN 0 4.77X mmose STA 0+00.00 UNE "ST-3" REINFORCED CONCRETE SLOPING HEADWALL (4:1) FL 4'=690.15 (E) t r STA 0+00.00 UNE 'ES-2" BEGIN PROPOSED STORM DRAIN FL 4"=691 86 (SE) lel�( 8350 N. CENTRAL EXPWY. SUITE 1000 Pacheco Koch DALLAS. TX 75208 972.235.3031 TX REG. ENGINEERING FIRM F-489 DALLAS • FORT WORTH • HOUSTON '0( REG. SURVEYING FIRM LS-100080-00 DRAWN BY I CHECKED BY SCALE JCM I 1 "=60' DATE I JOB NUMBER 06/19/2014 3485-13.390 1+00 --la t aft rtit 4 ALCON DATA CENTER DETENTION POND PART OF LOT E BLOCK 2 ALCON ADDITION LOCATED IN THE CITY OF FT WORTH, TEXAS SARAH RHODES SURVEY ABSTRACT NO. 1326 TARRANT COUNTY TEXAS DWG FILE: 3485-13.390—ST.DWG YRFF Fii F• 1dRR,-11 ston—cut nwc CIXHIDoO`1� Wg W d°�1DSCADE CONCRETE PAVEMENT CONTROL POINT •r-9• 1/2• IRON ROD STAMPED •9kC PAWN( HORNING: 6921986.30301 EAS1$233138162730 ELEVATOR: 695.79 35W SERVICE ROAD W W W • W 4 i NATIVE SEED MIX 8350 N. CENTRAL EXPWY. SUI1E 1000 DALLAS. TX 75206 972.235.3031 TX REG. ENGNNIG FIRM F-469 DALLAS I. FORT WORTH . HOUSTON 'fl p, SLIRVEMNG FIMI LS-100080-00 Pacheco Koch DRAWN BY PAC 'CHECKED BY I JCM SCALE 1 %0601 DATE I JOB NU,IBER 06/19/2014 3485-13.390 Sr. ALCON DATA CENTER DETENTION POND PART OF LOT E, BLOCK 2 ALCON ADDITION LOCATED IN THE CITY OF FT. WORTH, TEXAS SARAH RHODES SURVEY, ABSTRACT NO. 1326 TARRANT COUNTY, TEXAS DWG FILE: 3485-13.390-GR.DWG XREF FILE: 3485-13.390-BA.DWG 14.1re tall r '. • Me • 9 •fA.1 P.11 .HAS" 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 Rev. 09/10/2012 8 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 - DATE REPAIRS REQUIRED REPAIRS MADE NOTES STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 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 Rev. 09/10/2012