HomeMy WebLinkAboutContract 43961 CITY SECRETARY LP
CONTRACT NO.
Fort Worth (Haslet),Tx
Store No. 5764--00
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 24[L,
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".
`]VITNESSETH
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 994, 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 I FORT WORTH{HASLET} ST� 64-01
16358.3971 REV.01109120071 D-4201 1659u3_DAI._-FORT WORTH(HASLET)45764-(CL S O IL� CE
AGREEMENT{UWaRI-9 OG 12} AGE 1
CITY SECRETARY
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
16358.3971 REV.01/09/2007/D-#201 1659v3_DA I. -FORM,WORTH(E 1 aSI.FT)11764-01-STORM WATER FACILITY M AINTENANCE
AGREENIENT(DWBP,L9 06 12) PAGE 2
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.
S. 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 fi 1 ing in the off-ice 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 BAND OF THE POND, OR (3)
STORM WATER FACILITY MAINTENANCE AGREENtEN-r/FORT WORTH(IIASLET) STORE 45764-01
16358.3971 REV.01/09120071 D-#2011659v3_DAL_-1'URT WORTH(HN$1_ET)#576--01 -STORM WATER FAC 1LITY MA,1NTEN ANC E
AGREE\IENT(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 oil
the above property abutting such easement which shall have a finished floor at an
elevation less than two feet above the rnaximum 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, lndernnitees, 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 I FORT WORTH(HASLET) STORE 45764-01
16358,3971 RED'.01/09/2007/D-#Lol 1659V3 UAL_-FORT WORTH[HASLET}#5764-01-STORM WATFR FACILITY MAINTENANCE
AGREENIE]tiT{DWBRL9 06 1 Z} _ PAGE 4
A
EXECUTED this day of r , 20t7,.,,
LANDONVNER: CITY:
`]VAL-MART STORES TEXAS, LLC CITY OF FORT `]NORTH
a Delaware limited liability company
Name: Y. �� � ,. � �, : ��,
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Fernando Costa
Title: v ME, I I CNIUM 11 `�-�� �., Assistant City Manager
Apprgd as t Form and Legality
Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORM WATER FACILITY MAINTENANct-AGREEMENT l FORT WORTH(HASLET) STORE#5764-01
16358.3971 REv.01109/2007 l D-420116590)_DAL-FOR T WORTH(I1ASI- )45764-01-STORIM WATER FACIt_FFY MAINTENANCE
AGREENIENT(DWBRL9 06 1 2) f PAGE 5
STATE OF TEXAS §
COU7�TY OF TARRANT §
This instrument was acknowledged before me one 201213
by Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, on behalf of
the City of Fort Worth.
Notary Public, State of Texas
(SFAL)
E:VON#A DANIELS
•n;r' :ti`s JI= 0, 0 I`
STATE OF ARKANSAS
COUNTY OF BENTON
Before me, the undersigned authority on this day of
2012, personally appeared L' � c �-� �,� (� , known to ine to
be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that the same is the act of'*O�Ct 4,(JX A+ , and that
he executed the same as its ) and as the act of such ,
and for the purposes and consideration expressed in th - oing i trurnent -S l ej r 1
= - Notary Public., ate of Arkansa
STORM WATER FACILITY MAINTENANCE AGREEMENT I FORT WORTH(HASLET) STORE 45764-01
16358 X97/REV.a1/09/2007I n-42011659v3 DAL -FOR r WORTII[«.ISI-FT)#5764-01-STORM WATER FACILITY MAINTENANCE
AGREENIEN'I'([]L'BRL9 06 12) PAGE 6
EXHIBIT A
LEGAL DESCRIPTION
(INSERT LEGAL DESCRIPTION)
EXHIBIT A
Exhibit A
STORM WATER DE TEN TiON FA CIL 1 T Y
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 D2073651.38, Deed Records
of Tarrant County, Texas, said 1.811 acre tract of land being more particularly described as follows:
COMMENCING at the common easterly corner of Lot 2, Block 1, Vista Crossroads Addition, an 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---Mort 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 Wol—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 a vin g a radius of 20.00 feet;
THENCE Southwesterly along said curve through a central angle of 74` 51' 43" an arc distance of 26.13 feet
with a chord bearing of South 37' 38' 30" West and ❑ 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
h a vin g a radius of 20.00 feet;
THENCE Northwesterly along said curve through a central angle of 90' 00' 29" on 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 ❑ distance of 43792 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
having a radius of 25.00 feet;
THENCE Northeasterly along said curve through ❑ 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
having a radius of 20.00 feet;
THENCE Southeasterly along said curve through a central angle of 90' 47' 00" on arc distance of 31.69 feet
with a chord bearing of South 45' 10' 51"' East and a chord dis tan ce of 28.48 feet to the POINT of BEGINNING;
CONTAINING a computed area of 1.811 acres (78,881 square feet) of land.
SHEET 1 OF 2
A STORM WATER DETENTION FACILITY
SW Bciey wi enue•suite 4W•Fart Waft,Tejon M07 B.R. LACY SURVEY, ABSTRACT
Ter 8173X 1121•Fax 81 7.5.7437 NUMBER 990 & THE
M.E.P. & P.R.R. COMPANY SURVEY,
ABSTRACT NUMBER 1131
A drawing o f e ven date
accompanies this metes and CITY OF FORT WORTH
bounds description TARRANT COUNTY, TEXAS
DATE: SEPTEMBER 14, 2012 JOB NUMBER: 2005238
Y
Exhibit A
AVONDALE HASLET ROAD
(VARIABLE WIDTH RIGHT—OF--WAY)
CITY OF FORT WORTH
DOCUMENT NUMBER
021 1 23671 6
a goo' LOT 2, BLOCK 1 POINT OF
VISTA CROSSROADS ADDITION
SCALE FEET
�V� �� CABINET A. SLIDE 12436 COMMENCING
z�= goo' � gyp• � IV
06
g• VLN �• SOO`12'39"W
�.o, ❑=113"08'58 N89 25 39 E 17$.63 22.30'
�► R=25.00 L=49.37
CH=N3751'10"E 41.73' C2 N89047'21"W
POINT OF 2.00!
BEGINNING
APPROXIMATE LOCATION
OF SURVEY LINE .�
1 .811 ACRES
co , 11 78,881 SQUARE FEET
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4. J
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WAL—MART STORES TEXAS, LLC N (n -4-
DOCUMENT NUMBER a? O w n
D207365138 o
N
WCo
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Curve Table to 21
Curve Central Arc Chord Bearing
Number Angle Radlus Length and Distance
C1 74'51'43" 20.00' 26.13' S37'3B'30"W 24.31'
C2 94047'00" 20.00' 31.69' S45'10'51"E 28.48'
e=90'00'29" C1
R=20.00' L=31.42' N.
CH=N59'55'23"W 28.29'
The Basis of the bearings shown hereon is the Wal—Mart S75004'22"W
Stores Texas, LLC deed recorded in Document Number 1 8.62'
D207365138, Deed Records of Tarrant County, Texas. SHEET 2 OF 2
A STORM WATER DETENTION FACILITY
550 Bd1ey Avenue•&Me 400•Fort worth.Tax=76107 B.R. LACY SURVEY, ABSTRACT
Tat 817.335.1121•F=817.335.7437 NUMBER 990 & THE
M.E.P. & P.R.R. COMPANY SURVEY,
ABSTRACT NUMBER 1131
A metes on d bounds description
of even dote accompanies this CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
dra win 9
DATE: SEPTEMBER 14, 2012 JOB NUMBER: 2005238
EXHIBIT B
FACILITY SPECIFICATIONS
(SEE ATTACHED)
EXHIBIT B
G.\"rod,.cton\Frc',0F\2ti'5\20052391 Engmcermg\Info J>hibiIv,.2012-092fi_''G,cA-B eWg 2012-09--26,10 53 Ain bonyc
Exhibit B
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DATE: 09-26-12 DSO Bailey Avenue-Suite 400■Fort Worth,Texas 76107
Tel:817.335.1 121■Fax:817.335.7437
SCALE: 1" = 80' (81/Z" X 11"} (TX RFG.F-1114) 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 5 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 MAINTENANCEfINSPECTION
• 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.
0 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 DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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 ve etation
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
Berm or Embankment
EXHIBIT D
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
EXHIBIT D
M&C Review Page 1 of 1
Official site of the City of Foot Worth,I-exas
CITY COUNCIL AGENDA FORTIVORT11
lroo"�
COUNCIL ACTION: Approved on 121412012
DATE: 12/4/2012 REFERENCE ** 20ROWE8308-
No.: C_259$4 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: 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.E.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 Wal-Mart Stores Texas, LLC, for property located in the 2300 block of Avondale
Haslet Road, M.E.P. & P.R.R. Company Survey, at no expense to the City.
DISCUSSION:
Wal-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 INFORMATION10ERTIFICA'riON:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Accounticenters FROM Fund/AccounVCenters
Submitted for City Manager's office b Fernando Costa (0122)
Originatina Department Head: Douglas Wiersig (7801)
Additional Information contact: Theresa Khammash (0349)
ATTACHMENTS
6306-20ROWE6306WALMARTSWFMA. df
http://apps.cfwnet.org/council—Packet/mc—rev*iew.asp?ID—I 7703&councildate=12/4/2012 121512012
MAYOR AND COUNCIL COMMUNICATION MAP
20ROWE6306WALMARTSWFMA
C, Copyright 2011 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.
lq� This product is for informational purposes and may not have been prepared for or be suitable
15 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
28 Worth assumes no responsibility for the accuracy of said data.
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