HomeMy WebLinkAboutContract 44435 QTY SECRUARY
CONTRACT 140,
STO A II ER FACIILI Y
MAINTENANCE AGREEMENT
t L
THIS AGREEMENT, made and entered into this day of MtqL,(
"X71'), by and between OG BAR PARTNERS, LTD, hereinafter, referred to as
"Landowner", and the City of Fort Worth, hereinafter referred to as ` C tyll
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 ck 1., Wayside Center, Fort
Worth, Tarrant County, Texas according to the flat recorded In Volume 388-126, page 15,
Plat Records, Tarrant County, Texas, hereinafter called the "Property"'.
WHEREAS, the Landowner is proceeding to huild on, and develop the Property
according to the e Site planlSul di vision plan known as Lets I R1 & I R2, Block 1, Wayside
Center,
l ereinafter called the "Plan", which is expressly ade 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 port Forth, Texas require
that on-site Storm Water Mana ement "ac ilities he 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
OFFICIAL RECORD
CITYSECRETARY
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STORM WATER FACILITY MAINTENANCE AGREEMENT
Iry
Rev,09/10120'1 rw N r
R E C E I VFE
'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-,
I 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 I & -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 perfori-ning their design functions. The Storm Water
Structural Control Maintenance Checklists, attached to this Agreement as
Exhibit I'D"", are to be used to establish what good working condition is
acceptable to the City.
2. The Landowner, its successors and assi gris, shall inspect the Facility and
submit an inspection report to the City arnivally. 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 pen-nission 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
/Isrl,
Rev.0911012012
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 nece 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 Landow ner'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 perfon-nance 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,1 HOLD HARMLESS, AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES1
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111/1�11V/11411
Y)Rftha�
STORM WATER FACILITY MAINTENANCE AGREEMENT
3
Reiv 09/10/20 12 Vin,,
01
LOSSES, DAMAGES,, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM TIC E
FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVEFACILITITY 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 f quency 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]
e,
STORM WATER FACILITY MAINTENANCE AGREEMENT
4
Rev.09/10/2012,
Exec this day of March
xecu 2013.
Landowner OG BCR PARTNERS, 'D,
t-071 C'ty of Fort Worth
410
Mary vi&- Joe we Fernando Costa
President of Owen Holdings Assistant City Manager
General Partner of O'G BCR Partners, Ltd.
Approved as to Form and Legality
Assistant City Attorney
ATTEST
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contract Author i z at i 0A
Date
[OFFICIAL RE RD
STORM WATER FACILITY MAINTEN AN M
CE AG CITY SECRETA§Y
y
Rev.O9/10!120:12 FT, WORTH9 TX
STATE F TEXAS
COU NVI"Y OF TAR-'RANT §
This instrument was acknowledged before me on � by
Fernando Costa,, Assistant, City � anacrer ��f thrU Fort Worth, n behalf f the City
���" rt Worth.
� IM IER LYNN E IN
�
State Notary wit o I ze, St f Texas
Of mm. Expires MI5-3x-201
1
STA rfE OF TEXAS
COUNTY OF TARRAN T
u
Before me, the undersigned authority on this day of , 201 3�
personally appeared .doe wen, President of Owen Ulo din s, General .Partner of 0G BC „
Partners, Ltd., known to me to he the person whose name is subscribed to the foregoin,
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 Partnerships and
for the pUrp ses and consideration expressed ire the foregoing *Instru ent.
+star y Public, State of Texas
t5wwwrre
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'101y OMISSION
EXPIRES
1�i:l STORM WATER FACILITY MAINTENANCE,AGREEMENT 6
Rev.09/10/2012,
IN
BEING A 0.562 ACRE TRACT OF LAND BEING A POR11ON OF THE REMAINDER OF LOT 1, BLOCK 1
WAYSIDE CENTER, AN ADDITION: TO THE CITE' OF FORT FORTH, TARRANT COUNTY, TEXAS
ACCORDING TO THE FLAT RECORDED IN VOLUME 388-126, PAGE 5, FLAT RECORDS, T RRA T
COUNTY,"', TEXAS, SAID 0,56'2 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS F L WS
BEGINNING AT A 1/2" IRON PIN FOUND, SAID 1/2" IRON PIN FUND BEING THE SOUTHEASTERLY
RLY
CORNER OF SAID REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER, SA,I,D 1/27 IRON PIN ALSO
BEING THE SOUTHWESTERLY CORNER NIER OIL LOT 1, BLOCK 1 PINION PARK, AN ADDITION TO THE CITE"
F FORT WORTH, TARR ►1 T 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
N THE NORTHERLY RIGHT—OF--WAY LINE OF TEN MILE BRIDGE ROAD;
THENCE NORTH 88 DEGREES 47 MINUTES, 58 SECONDS WEST ALONG T THE NORTHERLY
RIGHT—OF—WAY LINE OF SAID TEN MILE BRIDGE ROAD A DISTANCE OF 137-73 FEET TO A PK NAIL
SET;
THENCE NORTH, 00 DEGREES 19 MIINUTES 07 SECONDS EAST A DISTANCE CE OF 175.27 5.27 FEET' TO A RK
NAIL SET,-
THENCE SOUTH 89 DEGREES 26 MINUTES 11 SECONDS EAST A DISTANCE CE OF' 140.43 FEET TO A RK
NAIL SET BEING ON THE COMMON LINE OF SAID REMAINDER OF LOT 1, BLOCK 1 WAYSIDE CENTER
AND SAID BLOCK 11 PINION PARK'
THENCE SOUTH 01 DEGREES 12 MINUTES DD SECONDS WEST ALONG THE COMMON LINE OF SAID
REMAINDER OF LOT 1,1 BLOCK 1 WAYSIDE CENTER AND BLOCK 1 PINION PARK A DISTANCE OF
176.81 FEET TO THE P01INT OF BEGINNING AND CONTAINING 0.562 ACRES (24,482 SQUARE FEET)
F LAND, MORE OR LESS.
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EXHIBIT A-3
STORM WATER MAINTENANCE FACILITY En-sinefeiiiiS, Inc.
REMAINDER OF LOT 1 BLOCK 1 Site Development Engineering
WAYSIDE CENTER PO Box 1357' AIedo,TX 76008-1357
(817)441-6400 Fax(817)441-6085
TEXAS REGISTERED ENGINEERING FIRM I=-7643
TEXAS REGISTERED SURVEYING FIRM 10,095800
=1 0
BLOCK 1
PINION PARK
CAB. A. SLIDE 9987 �m
P. .T. .T.
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1 " IRON rrr"�"r.�.r. oval
PIN FND 1/2" IRON PI NCI
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REMAINDER OF �
LOT 1, CLOCK
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WAYSIDE C R
L. 388-126, FAG 15
F.R.T. .T.
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PK � PK
NAIL S89`26 ' E NAIL
SET 140.43' SET
BLOCK 1
PINION PARK
CAB. A4, SUDE 9987
w (2 .,482 SF ".
DRAINAGE EASUIENT
'CAB.A.SLOE 11,987
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SPAM EASSOWEN T NK.
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SET
1/2" IRONV
FINN F IC7 S *4 7"58 W' 1/2- IRON
TEN I LA BRIDGE ROAD
137-73' IN FNoND
POINT' OF �*' r• r r� ,�
BEGINNING
ow q
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EDWARD A. CHIL RESS
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EXH�IBIT A-2 0 0
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STORM WATER MAINTENANCE FACILITY U-40' tngineteftrino*1
REMAINDER OF LOT 1, BLOCK 1 5ff , Inc.
WAYSIDE CENTER, Site Delve�lopm�ein�t, Engineering
PO,Box 1 357 Ale do,TX 76008-1357
817)441-6400 Fax(81 7)441-6085
TEXAS REGISTERED,ENGINEERING FIRM F-7643
TEXAS REGISTERED SURVEYING(FIRM 100195800
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Exhibit "C"
CITY OF FORT WORTH STORMI WATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and
maintenance of this Facility is insplecti�oni.
'General Maintenance Procedures
The structural and f'aunction�al integrity of the Facility, shall be maintained at all
times by removing and preventing drainage interference, obstructions, blo,ckages,,
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/IINSPECTION
Visual inspection:is of all components will be conducted every 61 months.
A log shall be kept of maintenance actions, and inspectioins,. The log
should document the condition of the detention, system is primary
components, mowing, and silt, litter and debris removal dates. Document
aeration of the basin bottoms and replanting to prevent the walling 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 8
Rev.,09/10/201112
Exhl*bit "D"
Storm Water Structural Mai*ntenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
_Mowin.q____
Remove Trash and
debris,
Inspect irrigation
-system qperation
Remove grass
C.11ripp,i n g s
-Violati.ons Noted
MINOR
-INSPECTION
............
-Conditio:n 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
Auard
Location of E,rolsioln
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
�-Structure
Structure type and
Cond ition
Condition of Rip-
-Rap
STORM WATER FACILITY MAINTENANCE AGREEMENT
Iv,09/10/2012
Condition of
m..M ultra i n system
mm.
Berm or
Embankment
Settlement
Location f email n
Evidence of
Animals
Evidence of Aquatic
life
Condition o
Aeration
Funain
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
Rev.0911 0/201
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M&C Review Page I of I
fficial s,ite of the(7;ty of Fort' orth,Texas
Foy RTWoRn
C10111ro COUNCIL AGENDA ��
COUNCIL ACTION,-, Appirolved on 5/712013
DATE: 5/7/2013 REFERENCE NO.: **C-26224 LOG NAME: 20ROWE5804-25-
SWFIVIA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
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 11 R2,, Block 1, Wayside Center
Ad'dlition at No Expense to the City (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Stormwa,ter 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 11R1 and 1IR2,, Block 1, Wayside Center
Ad�diti,on, at ino 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 ru�n�-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 C,ity 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 req:uirement and
right will run with the land.
The facilities are located in COUNCIL DISTRICT 2, Mapsco 46K
FISCAL INFORMATION./C.ERTIFI!CATION-:
The Financial Management Services Director certifies that th�is action will have no material effect on
City funds.
TO, Fund/Account/Centers FROM F'undd/Accounit,/Centers
...........
Submitted for City Mananghr's Off"Ice bly Fernando Costa (6122)
Originating DeDartment Head: Douglas Wiersig (7801)
Additional Information Contact.* Jill D. Griffin (6253)
ATTACHMENTS
5804 20R0WE5804-25-SWFMA.pdt
............__.....................
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