HomeMy WebLinkAboutContract 61224Date Received: 4/4/2024 Permit No.: SWFMA-23-0051
Time Received: 2:45 p.m. City Secretary No.: 61224
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of April
2024, by and between Manheim Remarketing, Inc., a Delaware corporation, 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 a tract
of land situated in the G.W. Couch Survey, Abstract No. 278, Tarrant County, Texas
according to the deed recorded in Document No. D223026602, 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 Manheim Auto Auction, Fort Worth
dated August , 20223, 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 Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
WHEREAS, the City requires that on -site Stormwater 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
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 Stormwater 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 Stormwater Facility includes all
pipes, channels or other conveyances built to convey Stormwater to the facility,
as well as all structures, improvements, and vegetation provided to control the
quantity and quality of the Stormwater. Adequate maintenance is herein defined
as good working condition so that these facilities are performing their design
functions. The Stormwater 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 with at least 24-hours prior notice, except in the case of an
emergency, in which case, the City shall use commercially reasonable efforts to
promptly contact the Landowner following the City's entrance onto the Facility
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
Property. 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, and such failure
continues for a period of thirty (30) days after the Landowner receives written
notice from the City of such failure (or such longer period to cure such failure
so long as the Landowner commences a cure within thirty (30) days and
diligently continues to pursue such cure and requests additional time by City,
and City, within the City's sole discretion, grants an extension of time to
Landowner), 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 in
accordance with the terms of 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 of invoice
with backup information 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 may 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
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
ABOVE 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 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 boundaries of the Property in which the Facility is located as outlined
on Exhibit "A" but this paragraph shall not preclude construction of other
improvements within the boundaries of the Property in which the Facility is
located, which do not impede drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
boundaries of the Property in which is Facility is located, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owner's association.
9. Notwithstanding anything to the contrary contained in this Agreement, for
purposes of this Agreement, "Landowner" means, in the singular and plural as
the case may be, any persons or entities owning from time -to -time fee simple
title to all or a portion of the Property, and their successors and assigns.
Notwithstanding the foregoing, nothing contained in this Agreement is intended
to create any rights to the public.
[Signatures begin on the following page]
STORMWATER FACILITY MAINTENANCE AGREEMENT cJ
Rev. 03/01/2022 BN
E-�Uci_i ed :ii 4th l� �,t April
Daira �r�tk#
Dana Burghdoff (Apr , 024 12:40'CDT)
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: Apr 4, 2024
Approved as to Form and Legality:
Matthexv Murray
Senior Assistant City Attorney
City Attorney `s Office
Date; Apr 2, 2024
ATTEST:
Jannette S. Goodall
City Secretary
Datc; Apr 4, 2024
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LANDOWNER
Manheim Remarketing, Inc.
a Delaware corporation
Aime 1 e
Anne LOFyre (Mdr2 , 7411:j2 EDT;
By: Anne Lofye
Title: Vice President
Date: 3/27/2024
Contract Compliance Manager:
By signing, 1 acknowledge that 1 am the
person responsible far the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
-S,J,n
Rebecca Owen (Apr 3, 2024 08:07 CDT)
Rebecca Owen
Planning Manager
Daly: Apr 3, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 0310112022 BN
STATE OF TEXAS §
COUNTY OF TARRANT
This instrumcnt was acknowledged before me on April 4th 2024 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
o�Q4lYP�BROOKE BONNELL r
z Notary Public ,
* * STATE OF TEXAS
Notary I.D. 134009525
OF
My Comm. Exp. Oct. 11, 2026
. . . . . . . . . . . . .
LANDOWNER
STATE OF IGEORGIA
COUNTY OF FULTON
Brooke Bonnell (Apr4, 202413:44 CDT)
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Georgia , on this day personally appeared Anne Lofye, Vice President, known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed, as the act and deed of Mnnheim Remarketing, Inc., a Delaware
corporation, and in the capacity therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 27th
of March
, 2024
5 arallf, W&Aor
Sh.ru+ dirnei 1M.ii 27, 7p24 11.17 EDl I
Notary Public, State of Gearg[a
day
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev. OWOV2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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VICINITY MAP
MAPSCO NO. 55S
COUNCIL DISTRICT 5
NOT TO SCALE
NORTHEAST CENTER INDUSTRIAL
DUNAWAY
550 Bailey Avenue a Suite 400 e Fort Worth, Texas 76107
Tel: 817.335.1121
(TX REG. F-1114)
4)]
EXHIBIT "A "
PRIVATE DRAINAGE EASEMENT
A PART OF A J J4 ACRES TRACT OF LAND SITUATED IN THE G.W.
COUCH SURVEY, ABSTRACT NO. 278
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
So! �$
G0^0}GAG �10 N69'49'27"E
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NORTHEAST INDUSTRIAI
CENTER ADDITION
CABINET A SLIDE 5375
P.R.T.C.T.
0 too'
SCALE FEET
1 "= 100'
30,773 SQUARE FEET
MANHEIM REMARKETING, INC. w
C.C.D. NO. D223026602
D.R.T.C.T.
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39.68'�POINT
N00'17'39"E_------ BEGINNING
31.98' S43'10'09"W
N89'56'00"Wj 23.19'
67.61' S43°10'09"W
f 81.74'
TRINITY BOULEVARD
/ (VARIABLE WIDTH RIGHT—OF—WAY)
A metes and bounds description of
even date accompanies this drawing
DATE: NOVEMBER 20, 2023
A" ro D U N AWA
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
OF F
LSTE�PHEN R. GLOSUP
SSO-URD
11 /20/2023 PAGE 1 OF 2
DUNAWAY JOB NO. B008730.001
EXHIBIT "A "
PRIVATE DRAINAGE EASEMENT
A PART OF A J J4 ACRES TRACT OF LAND SITUATED IN THE G.W
COUCH SURVEY, ABSTRACT NO. 278
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
PROPERTY DESCRIPTION
BEING a tract of land situated in the G.W. Couch Survey, Abstract No. 278, City of Fort Worth, Tarrant County, Texas, being a
portion of a tract of land described by deed to Manheim Remarketing, Inc., recorded in County Clerk's Document Number
223026602, Deed Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at a point for the north end of a corner clip, on the west right-of-way of Highway 157, a variable width
right-of-way, said corner being in the east line of said Manheim Remarketing, Inc. tract;
THENCE South 43°10'09" West, with said corner clip, the southeast line of said Manheim Remarketing, Inc. tract, a distance of
23.19 feet to a point, from which the south end of said corner clip, the southeast corner of said Manheim Marketing, Inc. tract
and in the north right-of-way of Trinity Boulevard, a variable width right-of-way, bears South 43°10'09" West, a distance of
81.74 feet;
THENCE departing said corner clip, crossing into said Manheim Remarketing, Inc. tract the following courses and distances;
North 89°56'00" West, a distance of 67.61 feet to a point;
North 00°17'39" East, a distance of 31.98 feet to a point;
North 02°32'28" East, a distance of 39.68 feet to a point;
North 01°28'59" East, a distance of 55.52 feet to a point;
North 29°07'08" East, a distance of 37.58 feet to a point;
North 01°24'10" West, a distance of 44.03 feet to a point;
North °05'21'43" East, a distance of 89.19 feet to a point;
North 00°56'56" West, a distance of 151.82 feet to a point;
North 69°49'27" East, a distance of 67.23 feet to a point in the west right-of-way of said Highway 157, the east line of said
Manheim Remarketing, Inc. tract, from which the northeast corner of said Manheim Remarketing, Inc. tract bears North
00°44'09" West, a distance of 33.42 feet;
THENCE with the west right-of-way of said Highway 157, the east line of said Manheim Remarketing, Inc. tract the following
courses and distances;
South 00°44'09" East, a distance of 146.83 feet to a point;
South 04°58'29" West, a distance of 118.70 feet to a point;
South 00°44'09" East, a distance of 185.86 feet to the POINT OF BEGINNING and containing a calculated area of 30,773
square feet or 0.706 acre of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon
GIPS measurements, according to the GIPS Reference Network..
A drawing of even date accompanies this metes and bounds description. PAGE 2 OF 2
Stephen R Glosup
Registered Professional Land Surveyor
Texas Registration No. 5570
srg@dunaway.com
Date: November 20, 2023
AN' DUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
,0 S I..
((ST�EPHEN
R. GLOSUP
05570��S S 0 •• y0
S U R`I�`" o
EXHIBIT "A"
PRIVATE DRAINAGE EASEMENT
A PART OF G.W. COUCH SURVEY,
ABSTRACT NUMBER 278
City of Fort Worth, Tarrant County, Texas.
DUNAWAY JOB NO. B008730.001
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
VICINft MAP
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Final Plat
of
NORTHEAST
INDUSTRIAL CENTER
ADDITION
LOT 1R, BLOCK 1
Situated in the O.W. C... h Survey, Abetraet N.. 278, being a Re-Tt
of all of Lot 1, Block 1, North.eat Indaetrlal Center Addition, —
eddltion to the Clty of Fort Iforth, according to the plat recorded in
Cabinet A, El— 5375, Plst Record., Tarrant County, Texas.
l Lot 90.535 —P.
Thie plat nee prepared in March, 2023
550 3.11.yA—ve • S.ife 400 • Fort Worth, Tema 76107
Tet 817.331.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
THIS PLAT FILED IN COUNTY CLERK'S DOCUMENT N0. DDATE: __
c.c.P. rvo. = a°rvm aenas ooc°uwr n°wow = s/s• w
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VIQNITY MAP
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jPAGE 567
'
TPAIT
oarci—_--
Final Plat
Of
.uor NORTHEAST
a.�
INDUSTRIAL CENTER
.—T ADDITION
" aaTcr oar
c x° LOT 1R, BLOCK 1
^°°T ) Situated in the G.W. Couch Survey. Abstract No. 27R. being a Re-�at
vn Ta / of all of LOL 1, Block 1, Nertheaet Induatnal Center AdditTen, a
addit�en to the City of Fort Worth, according to Lhe plat recorded Tn
_ / 1 Cabinet A, Slide 5375, Plat Records, Tarrant County, Texea.
E \I xnxnurvE 1—s 1 t Lot 90.635 Acres
This plat waa prepared Tn Narch, 2023
550 Baley Avenue• Sulfe 400• Fort Worth, 7-76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO 1009810D
—ET z of . THIS PLAT FILED IN COUNTY CLERK'S DOCUMENT NO. D_______ DATE:
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DUNAWAY
550 BallayAWnue • SuBe 400 • Fori Warih, Texan 76107
s let 817.335.1121
? TEXAS REGISTERED SURVEYING FIRM NO. 10098100
Rnal Plat
of
NORTHEAST
INDUSTRIAL CENTER
ADDITION
LOT IR, BLOCK I
Situated in the G.W. Couch Survey, Abetraet No. 278, being a Re -Plat
of all of Lot 1, Black 1, North—t Induwtriel Center Addition, an
addition
Ceoet A, Shdea 53'75, Plet Record, T granttCounded in
ty, Tesee
bint
t Lot a0.e35 Acrce
This plat na0 prepared in March, 2023
THIS PLAT FII IN COUNTY CLERICS DOCUMENT NO. D_______ DATE:
VIQNITYxMAP
DUNAWAY
c.c.o. rvo. = m�rvm c>Fna s oocuuwr nuu.w = s/.• w
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Final Plat
of
NORTHEAST
INDUSTRIAL CENTER
/ ADDITION
LOT 1R, BLOCK 1
Situated in the G.W. Couch
Srvy. Ab.t—t No. 278. rbeAdoditafenRe, -f
a
of lofLt 1, Bok 1, NeCn
dtn to hCity of Fort Worth, according W the plat recorded In
Cabinet A, Slide 5375, Plat Reoord., Tarrant County, Texa..
1 cot 90.636 Acre.
This plat — prepared - March, 2023
550 Baley Avenue • Sulfe 400 • Forf Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 1009810D THIS PLAT FILED IN COUNTY CLERK'S DOCUMENT NO. D___---- DATE: _ __
,ONCRETE CONCRETE
;URB CURB
S00'45'29"E ISO 75'�
�j
HIGHWAY 157
(VARIABLE WIDTH RIGHT—OF—WAY)
CONCRETE PAVING
0
91 LF 3'X2'
RCB OUTFALL
PIPE
00.257.
TOP OF SPILLWAY_
= 520.30
60LF RIP
RAP LINED
SPILL WA Y
cm-Ar"oo"F 1Rci RF,'
�5151'
aR' 40UTFALL STRUCTURE o
FL IN = 513.89' N
FL OUT = 513.79' S I�
\ T `
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3'X2' RCB
FL IN = 51 J 79' S s
TOP OF POND = 521. 30 -7
FL OUT
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DUNAWA SWFMA
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MANHEIM AUTO AUCTION
A 550 Bailey Avenue • suite 400 • Fort Worth, Texas 76107 3959 STATE H WY 157
m Tel:817.335.1121 FORT WORTH, TX
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3'X2' RCB —
513.45' SE
1
TIE—IN TO -
EXISTING
STORM DRAIN
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0 25 50 100
I H ! 3 Feet
1:720.0014
EXHIBIT B - POND GRADING AND DRAINAGE
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550 Bailey Avenue " Suite 400 " Fort Worth, Texas 76107
Tel: 817.335.1 121
(TXREG. F-1114)
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0 75 150 300
[—� ! I Feet
1:1200
EXHIBIT B - EROSION CONTROL
MANHEIM AUTO AUCTION
3959 STATE HWY 157
FORT WORTH, TX
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DUNAWA
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a 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
o (TX REG. F-1114)
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1 30" RCP COULI
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ELEVATION=5,
0' RCP S0UTH=51
1-130" RCP COULI
L,R/E
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LID MT
4FFIC LIGHT POLE
EXISTING LOSS
PARAMETERS
CURVE NUMBER: 61
IMPERVIOUS PERCENT: 41.80%
EXISTING FLOWS
DA-1
(6.46 cc.)
RECURRENCE PEAK
FLOW (CFS)
1-YR
13.0
5-YR
23.5
100-YR
49.2
NOTE: DRAINAGE AREA
EXTENTS
REMAIN UNCHANGED IN EXISTING AND
PROPOSED CONDITIONS..
PROPOSED LOSS
PARAMETERS
CURVE NUMBER: 61
IMPERVIOUS PERCENT: 85.57%
PROPOSED FLOWS DA-1
(6.46 cc.)
RECURRENCE PEAK FLOW (CFS)
1-YR 25.4
5-YR 36.5
100-YR 61.3
NOTE: THESE VALUES REFLECT
TOTAL SITE FLOW PRIOR TO
ACCOUNTING FOR MITIGATION
THROUGH DETENTION.
0 75 150
1:1800
EXHIBIT B - DRAINAGE AREA 1
MANHEIM AUTO AUCTION
3959 STATE HWY 157
FORT WORTH, TX
300
Feet
519.10
516.00
513.89
CONNECTION-1
TO 3'X2' RCB ISOMETRIC VIEW
(NOT TO SCALE)
Aw*z DUNAWAY
550 Bailey Avenue e Suite 400 a Fort Worth, Texas 76107
Tel: 817.335.1121
(TX REG. F-1114)
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TOP VIEW
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4� 2. 5%, SLOPE
SIDE VIEW
MANHEIM AUTO AUCTION
3959 STATE HWY 157
FORT WORTH, TX
SAN 0 LENOM
NO, REWIRED SPACING
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CONSTRUCTION JOINT)
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N B BARS AT
12" CENTERS
B BARS AT
12" JOINTS<�
C BARS AT 6"
CENTERS (VERT.)
r LENGTH = H + 7"
—
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A BARS AT
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( (;OMRI:TE FlL.)
12" CENTERS
_ 3r.
CONSTRUCTION JOINT
0
[8"1PIPE
O.D. + 122)8"'—A BARS AT
12" CENTERS
BOTH DIRECTIONS
ELEVATION
3 I.
I I N
R 2 IN.
FRONT VIEW
0 25 5 10
1 ! ; Feet
SCALE: 1 "=5'
EXHIBIT B - POND OUTFALL DETAIL