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Home My WebLink AboutContract 44482 (2)•� • - - � - STORM WATER FACILITY MAINTENANCE AGREEMENT , 6..Zor3 THIS AGREEMENT, made and entered into this day of 3 Z , , by and between _HL Investments, LLC_, and North Tarrant Parkway Surgery Center, LLC_, 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 _9.306_ acre tract located in the _ Wm. McCowen_ Survey, Abstract _999 , Tarrant County, Texas according to the deeds recorded County Clerk's Filing Numbers D212222950 and D212222951 , County 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 _ Site Development Plan, Monterra Medical Cam�us_ 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 Rev. 09/10/2012 �'�' 1� �,, � , i � � � i ECEIVED MAY � U �v�� 1 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 2. � The Landowner, its successars 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. 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. 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 > 2 `'`:y�� . ''+. 4. 5. � assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 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 obli�ation is Landowner's. 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 ar 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. 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 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 � � , . �, 3 ,er;� � �. �`` 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 Lj. Rev. 09/10/2012 Executed this 'J � � day of �� Landowner 20 �_3 North Tarrant Parkway Surgery Center, LLC _ -/ t � � � � .v �s � � Title: t "� � � r� j o41nSc �:, ;��,� City of Fort Worth 1�;,'��, , �• � Assistant City Manager Approved as to Form and Legality Landowner HL Investments, LLC ��,`�� Assistant City Attorney , �, �r � � ' �. , ,. , <'� �3 ATTEST . � N � City Title: __-� � STATE OF TEXAS COUNTY OF TARRI�NT 0 § This instrument was acknowledged before me on / � d by Fernando Costa, of Fort Worth. �,,� ` Ddpo��`` % o „'� F o� o � � Notary Public, State of Texas iO1�Ar P('�Y.� . _�� ;' - :�a., a - � s>�ER�nl��•• EVONIA DANIELS M`! G(�,^AMISSION EXPIRES ,lufy 1U, 2013 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 0 9/1 0120 1 2 Assistant City Manager of the City of Fort Worth, on behalf of the City OFFICIAL RECORD CITY SECRETARY FT. WORTkE, '� STATE OF TEXAS � 1 t'ir.'v' 1 � COUNTY OF-z-�'�- 0 0 Before me, the undersigned authority on this �� 6�'�ctL�1 , 20 t �5, personally i>,; ��- �,n 1 t. l� � 5�:� �, � 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 �— , and that he executed the same as its -- and as the act of such and for the purposes and consideration expressed in the foregoing instrument. �.-j _ KYLIE J. DUDLEY Notary Public, State of Texas My Commisslon Explres January 11, 2017 STATE OF TEXAS • 1►Y • : : : : ►�IYI Before me, the � Np�ry Public, undersigned authority _, 20� on ! ° �� of Texas this � personally day of appeared day of appeared known to me to be `t�ie person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of -- - f , and that he executed the same as its --- and as the act of such and for the purposes and consideration expressed in the foregoing instrument_ �----� �.� Debra Pul Dudney My Commission Expires 10/20/2013 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 09/10/2012 EXHIBIT "A" INSERT LEGAL DESCRIPTION SEE ATTACHED STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 � � 7 ..•�� '1.t �: �,� rxr 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 ��' � _1 8 ,��. �1., e?' Exhibit "D" Storm Water 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 /\m�� ir++ nf cil+ in � � mni ir�� f oil+ ir� fl�� "� �iorvo��inn �n Location of Erosion Percent of vegetation �� I nno+i�n �f Grncinn MAJOR INSPECTIONS c�r��,- '^��"rr� 1/1/o+or (l� ��li��i C 4 riv-�razi�tti Structure type and Condition Condition of Rip- STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev. 09/10/2012 ��r � �� : �� ..1 � �; :._ Rap fil�r�+inn cvc+om Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Do�^+�T . ��IAR STORM WATER FACILITY MAINTENANCE AGREEMENT � O Rev. 09/10/2012 �.;:. �? ,_. y4y,; "� , - City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/26/2013 DATE: LOG NAME: SUB.TECT: Tuesday, March 26, 2013 REFERENCE NO.: **C-26165 20ROWE6950—MMD—SWFMA Authorize Execution of a Stormwater Facility Maintenance Agreement with HL Investments, LLC, and North Tarrant Parkway Surgery Center, LLC, for Property Located Near the Southeast Corner of Interstate 35 and North Tarrant Parkway, Containing 9.306 Acres of Land in the William McCowan Survey Abstract No. 999 at No Expense to the City (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance Agreement with HL Investments, LLC, and North Tarrant Parkway Surgery Center, LLC, for property located near the southeast corner of Interstate 35 and Narth Tarrant Parkway, containing 9.306 acres of land in the William McCowan Survey Absri�act No. 999, at no expense to the City. DISCUSSION: HL Investments, LLC, and North Tarrant Parkway Surgery Center, LLC, are the owners of a 9.306 acre tract of land upon which a portion will be used to construct drainage systems. The facilities are being constructed to capture and limit storm water run—off from North Tarrant Parkway and the subject property to pre—development levels. The drainage facilities will be located near the southeast corner of Interstate 35 and North Tarrant Parkway. The terms of the maintenance Agreement will ensure proper maintenance of the facilities by HL Investments, LLC, and North Tarrant Parkway Surgery Center, LLC, at no cost to the City. The landowner and successors are required to maintain the facility. However, if the landowner fails to properly maintain, the Agreement gives the City the right to take all steps necessary to ensure the facility is operating according to City standards and to correct any deficiencies. This requirement and right run with the land. The facilities are located in COUNCIL DISTRICT 2, Mapsco 35G. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Mana�er's Office bv: Originating Department Head: Additional Information Contact: FROM FundlAccount/Centers Fernando Costa (6122) Douglas Wiersig (7801) Lexington Wright (6645) ATTACHMENTS MAYOR AND COUNCIL COMMUNICATION MAP 20ROWE6950-MMD-SWFMA \�' y'G+ 8 \\y�9/- `._�-o , ,W � �/ `m � � � CRFosoT�. QUAILS NEST 8 � ��-�� w � HARMON — m: — � � v '� Dv Z,.�- m REALOAKS ' 'S'G � ,.:. ��L titi� F� ti� � � LIC:.l.n9.nYnUJlI • �� on � � 20' DRAINAGE EASEMENT � �� I LOT 6 � � ' o DE-2 20' DRAINAGE EASEMENT l0T 5 LOT3 BLOCK 1 L0T4 �� 11 LI��_ �. ... . Copyright 2011 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. . .� �—�GRQN[This product is for informational purposes and may not have 6een prepared for or he suitable J for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and `� � J RAPID:represents only the approximate relative bwtion of property boundaries. The City of Fort � Worth assumes no responsi6ility for the accuracy of said data. � LORETO ` H V��A�E V_.-��? E �� na z�� 2 � o��m, tv0 z u. u� v� � � s� � � �� PRESIDIO � �z � �� ; w � VISTA � W � � ' — Q �. Q� � �; _❑ � � � '. �� ,I" �n - , o? o� �� ; '.� TARRANT �--�" — '� ��8��'1- x � 0 z W��o � x -•_ _ _ '� z Q` Sp 3AW��' 28 � � •y 8� yti� `�s Ne �� z ¢ � w � � 0 x � � ' ... � x � f �, Z � �ii f/i 4NCHIM a W � Z � �y W O Q N � I � � 0 "—OE3 �� ,� 20' DRAINAGE EASEMENT : .'� �'�_� �,: � �. �ri',�+yu�'e� -- �•� � FNk F 0 250 500 1,000 I I I F� t p DETAIL OF PROJECT LOCATIOiV � �ti�y � 8� 8i � � �� qy � 2��'O O BASSWOOD ZN ;n—Z:-- W7�� ' � ° �` � e �. z � o �i.' �: � ; —,��zr--�-�__ ` -= �J�LLJ�.—�—� `1 00 THOMPSON ' �� Q � � '`} w J i �_—_'.-- _ W . "' ❑ � ._- '. . -- N � � Z `. � � . O ,'' ��\ � Q � ,, .\. ,r�i� � ,\'\ � f m� ,� � �'� -�_ � . W �i � � i Q — _�� - � _ i� _ i U � . II ,r1 = �1 g = ;{ : �Q 'i �a , ,�� e � � �� ,� � � � ; �I �i \ � ��iS �% , 0 1000 2000 4000 � � � �Ft Uc�- / DOE# 6950, CITY PROJECT# 02028 LOTS 3, 4 & 5 MONTERRA BY HILLWOOD