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Home My WebLink AboutContract 44435_ � - - �f � � : :� STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this � day of �' �; , -, .. � ��, by and between OG BCR PARTNERS, LTD, 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 4.00 acre tract being the remainder of Lot 1, Block 1, Wayside Center, Fort Worth, Tarrant County, Texas according to the Plat recorded in Volume 388-126, Page 15, Plat 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 Lots 1R1 & 1R2, Block 1, Wayside Center, 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-3 & A-2" ("Facility Property"); and � STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 �� ' ;� ,�. _ t , ,: f i. ,`� �� "� � �, i RECE � 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 3 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 1& B-2", 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 2 Rev. 09/10/2012 �. �� t�� .� �� = 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 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. 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. 09/10l2012 ,, , '�;�� :. 3 t „`" :� , ' =_.�._.:=ii� � : LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARI5E, 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 SANKS 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 HEREUNDER. ANY OTHER DUTIES OR OBLIGATIONS 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 floar 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. 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 0 ` `` � I':1� � .�,_. Executed this �� day of March 2013. Landowner OG BCR PARTNERS, LTD Namc� Joe Owen President of Owen Holdings General Partner of OG BCR Partners, Ltd. City of Fort Woj-th �i�-� Fernando Costa Assistant City Manager Approved as to Form and Legality d� �- _ � \ - � - Assistant City Attorney ��2 �'j�� - Contra��. ��a�thc��i��4r� _ ��.��-..��---� �a�� STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 �� .�. � � t .i p � �` � i ATTEST � STATE OF TEXAS COUNTY OF TARRANT § � This instrument was acicnowledged before me on Fernando Costa, Assistant City Manager of the City of Fort of Fort Worth. � KIMBERI.Y LYNN �ODINS NotAry Public 5tate of Texas Camm. Expires 05-30-2015 STATE OF TEXAS COUNTY OF TAR_RANT § § �ir1G�f� •� `b. �'� bY Worth, on behalf of the City � N4� Before me, the undeisigned authority on this �_ day of #�eh, 2013, personally appeared Joe Owen, President of Owen Holdings, General Pat�tner of OG BCR Partneis, Ltd., 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 OG BCR Partners, Ltd., and that he executed the same as its General Partner and as the act of such Partnership and for the purposes and consideration expressed in the foregoing instrument. �/i i � otary Public, State of Texas EVONIA DANIELS MY CQJu�y 10, ?,013 �IR�S STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 09/10/2012 BEING A 0.562 ACRE TRACT OF LAND BEING A PORTION OF THE REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME 388-126, PAGE 15, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID 0.562 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLOWS: BEGINNING AT A 1/2" IRON PIN FOUND, SAID 1/2" IRON PIN FOUND BEING THE SOUTHEASTERLY CORNER OF SAID REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER, SAID 1/2" IRON PIN ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 1, B�OCK 1 PINION PARK, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACOORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 9987, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID 1/2" IRON PIN FOUND ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF TEN MILE BRIDGE ROAD; THENCE NORTH RIGHT-OF-WAY SET; THENCE NORTH NAIL SET; 88 DEGREES 47 MINUTES 58 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID TEN MILE BRIDGE ROAD A DISTANCE OF 137.73 FEET TO A PK NAIL 00 DEGREES 19 MINUTES 07 SECONDS EAST A DISTANCE OF 175.27 FEET TO A PK THENCE SOUTH 89 DEGREES 26 MINUTES 11 SECONDS EAST A DISTANCE OF 140.43 FEET TO A PK NAIL SET BEING ON THE COMMON LINE OF SAID REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER AND SAID BLOCK 1 PINION PARK; THENCE SOUTH 01 DEGREES 12 REMAINDER OF LOT 1, BLOCK 1 176.81 FEET TO THE POINT OF OF LAND, MORE OR LESS. MINUTES 00 SECONDS WEST ALONG THE COMMON LINE OF SAID WAYSIDE CENTER AND BLOCK 1 PINION PARK A DISTANCE OF BEGINNING AND CONTAINING 0.562 ACRES (24,482 SQUARE FEET) / ��''OF''rF� �� fRE`''f-5� '�' � N 'DWARD A. CHIE.DRES: ..................... V[''Qil ��.�P��d`!►'/d/, � EXHIBIT A-3 STORM WATER MAINTENANCE FACILITY REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER SD En�ineerin�, Inc. Site Development Engineering PO Box 1357 Aledo, TX 76008-1357 (817) 441-6400 Fax (817) 441-6085 TEXAS REGISTERED ENGINEERING FIRM F-7643 TEXAS REGISTERED SURVEYING FIRM 10095800 I I I I I� IF � �� I ( � _.:� ii s�oac i PINION PARK CAB. A, SLJOE 9987 P.R.T.C.T. t/2" IRON PIN FND ❑ Q 0 � o m N J { U LL ¢v 0 m REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER VOL. 388-126, PG 1: P.R.T.C.T. PK NAIL SET S89'26'11 "E NAII 140.43' sEr � � ' �� I �� BI.Oq( 7 PINION PARK CAB. A, SIIDE 9987 P.R.T.C.T. W c n O � � � 0 Z 20'X20' PUBLIC OPfN sP�ce �so�rrr PK � VOL. J88-126. PG. 15 P.R.T.GT. NAIL � SET 1 /2" IRON � � PIN FND TEN MILE BRIDGE ROAD S88'47'58"W 137.73' � oxuN�cE �uar � CAB. A, SLIDE 9887 � P.R.T.GT. r- L__ 1/2" IRON PIN FND POINT OF BEGINNING /� �II 1 "=100' �,`P�ti�i s.rf,p��,-�-.�� '� • `� a �,' DWARU A. CHILDRES; ..................... , •,,o�, 4$65 .,. , .� � EXHIBIT A-2 STORM WATER MAINTENANCE FACILITY REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER SD En�ineerin�, Inc. 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I. � _- o _ o, �o �. a mo .; 8 y oZ � z I O � I o_a�. �9, �� - �:��s� ,� , �— _' 6g� Eg e� �s ��y� #ggs$ $a dK .i �� F��'Ef� $�5a �ee �i $ ;� ��]��;� � �€ �� ''. F� e �E �"9��3 �� $� � �A ��_�� '�� 3S� �Rq��pf ��§� �q3 E F� g�pQS° � 9i �%b s� � § "x�g�� a �� P�� E t p�� QA � ��4 ` 9 ��A �2? 8� 'b '6 2 e��t � � E � 9�aa�S E 0 na s m 0 i �� i � x�� o of � �t�iaaab E - - �,EiR&�LR � f '�E� g � p a � 8 � g �� 9uN '�Fo � � i i$ ��y m I m 0 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 Aprii 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 FACIIITY MAINTENANCE AGREEMENT 8 Rev. 09/10/2012 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowin Remove Trash and debris Inspect irrigation s stem operation Remove grass cli pin s Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in ond Amount of silt in flume Amount of ponded water Amount of wetland ve etation Location of Erosion Percent of ve etation Condition of trash uard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- Ra STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev. 09/10/2012 Condition of filtration s stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT � O Rev. 09/10/2012 B S '' ;`F�es§� Fs� � �� ss �v��Q��;��g � � �k��r4�x �ga-a �a�� :��> ��Rs� � =8�^�$�e �� a;��y F�BsF�R =�PgF�A;�� 7��R� �� g��'� �Ag�#s5¢'� ��'x`�$� � �8x9...R^ »�v4.. �ea 7F�+g�.�.� � QL' Yp� �g��F�"F�� f�i�� 1d�:R3��e ��s.ggg.q ��F' ��sz �A$p, s� e:=�s�°�°�� - �q� ��'fR Pk gcR � � 9 �� '��$� � �� a�� eQqg�a's�;^ ��e��" a`s$p�g�� g�� "�z��ER ��$g E�� ea�� g��B4�"$ g��o :� '�;�°b�a'4 o q� �4 . ��gg�'� �"x�� e� v a�' ��R'� � ;s�cs� �e� R �� 4 � � ^RF� � g£�'� '6� R:' a R �eF �� >�' �$R '?n� � R�� Ry3 m� �� A3� QY P� �� °i e'LB�g�€e ��47,ys� s�S g��'4��R ��"a�>q�� g9[$�F�i ��'pY�Q�R�'E z e�� P��£€`4 �v� :<�,�-,S`> .. �'Rag,�'yg� �R��`��igs4 F'e'$� q§$„ ay �o� �B>p�= ��"_ ��' ��y�� %[� �" Fd, 8$ ��64� `�� F�6 e��SY 4 � $$8 i F��R 4�� g�$ � �� '��e� y z 's_��s's �� @�� eQ�i �ffi 6�q� ��'o �+A � �"s�� € �- $ ��e g �$� :_� �� "A� ��q� i�� $g�^s �„�s� ��$ ��F '� � O m�m� o m u�m� A� o� o�A _N o� 0 v ��,8 0 � ��g'- _t+Q m4�4 �� a m � 'e � -�g� � �. _ e� � �bm g� �? q r vE � � n �� ..,ov e� �€_ � ��e� �e � �qey�� $r� t�,�y "��'gg �p �9i ��e�� ? �.4 � �$��i �� n ��AFy o q� � � �� b ' � I 0 m i � �� ,� ��m ��; ��A � ; O � y � �� t7 � � <"� �1 zNM W '� r �� X S � � D O BOAT CLUB ROAO IU (FM f 220) iia' wo�r-or-w�v _ __ 468.03� ----------z�aar- ----- as' as' a�po z R; £I Z ID .:gz� �m o J �I ilm ~ �8 A � m� - a3 f o .�� m y�`�~a $ n SOOl9'OTW__ 189.)3' �� A O �9D� ol � m� i.;� s : �________ SUL�i2-00�W-___t _____ ,qg'- -- _ i � ,a �,d �w.. _____ i � i �g{ A�ZR i � �' U i I ,. �g-� i � a� �� A� �I >� mi�aomAN=� m i�„ �S �o�o��o, �a�z^�;moa �$��so'=�a 6 a�>m�pAaA� ��a ��` as�7^��z - �:�a�� om R 3=a �:, � o � r :�4e:p 7�':°v '.4 'g: e?'..A g. -_ �� ?s_` �� -., o .� � o = xz y -< <p �C z� � o's ; o z - -z $� 4� �o y� � � � � � � Y a 3 � � � � s xo R� �� Ewr ly I� 1� w I: � > ~ Rm � m�� 8�� €o� m>� �� o q�m aam ogN N>R N o F�c N« �z &"g �a� <8� m"» ^ �� o � �� o � ' om`s " Im=; �� '�ti ��c 5�x � �'� ��: �70 �» m�o n>U� �� Aao am a9g �� o so� go o� _� 9 o-R' a� , � �� _� �_ �' �� „g �� im _m �m �� ao �£ _ a� o� _� o� os =� cmQ L� - T�z �� :E _� -_ ao g� o� �m �m �� a N� �a >� - �_ <� so �g 0 0� F < n�g� � v,F�� .,✓'f u �,:T,�_ � � 5 x � o � e � �� B a I^�P� �s '7oaR A_ �b� o� ��;� �> �;do oa �_;� �a �a�� =i �oR� o �;�� mo _ q„ aN awspo ��o o� mF�; g �og� � s�rA � �z �� c � ��o„ � � mo ��m 7� �� g� � � � M&C Review CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 5/7/2013 DATE: 5/7/2013 REFERENCE NO.: **C-26224 CODE: C TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 1 Offcial site of the City of Fort Worth, Texas FORT WORTH -��- 20ROWE5804-25- SWFMA NO SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with OG BCR Partners, Ltd, for Property Located East of Boat Club Road and North of Ten Mile Bridge Road Containing 4.00 Acres of Land in Lot 1 R1 and 1 R2, Block 1, Wayside Center Addition 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 OG BCR Partners Ltd, for property located east of Boat Club Road and north of Ten Mile Bridge Road containing 4.00 acres of land in Lot 1 R1 and 1 R2, Block 1, Wayside Center Addition, at no expense to the City. DISCUSSION: OG BCR Partners, Ltd, is the owner of a 4.00 acre tract of land a portion of which will be used for an added drainage system. The facilities are being constructed to capture and limit storm water run-off from the Wayside Center and the subject property to pre-development levels. The drainage facilities are located east of Boat Club Road and north of Ten Mile Bridge Road. The maintenance Agreement will ensure proper maintenance of the facility by OG BCR Partners, Ltd, 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, the City will have 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 will run with the land. The facilities are located in COUNCIL DISTRICT 2, Mapsco 46K. 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 b}� Originating Department Head: Additional Information Contact: ATTACHMENTS 5804�20ROWE5804-25-SWFMA.pdf FROM Fund/Account/Centers Fernando Costa (6122) Douglas Wiersig (7801) Jill D. Griffin (6253) http://www. fortworthgov.org/council�acket/mc_review. asp?ID=18297&councildate=5/... OS/08/2013