HomeMy WebLinkAboutContract 39015 ORACT
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of J�j
by and between LNR CPI PRESIDIO APARTMENTS, LLC, a Texas limited
liability company, 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 17.34 acre tract located in the William McCowan Survey, Abstract 999,
Tarrant County, Texas according to the deed recorded as Instrument Number
D207381129, 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 The Presidio — Apartments
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
RECORD
Ry
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.0 110912007
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. or any Successor (as such term is defined in Section 8 of this
Agreement), shall adequately construct and maintain the Facility at no expense
to the City 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 the Facility is performing its design functions. The
Storm Water Structural Control Maintenance Checklist, attached to this
Agreement as Exhibit "D", is to be used to establish what good working
condition is acceptable to the City.
2. The Landowner, or any Successor, shall inspect the Facility and submit a
completed Storm Water Structural Control Maintenance Checklist to the City
after such inspection. 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 Storm Water Structural Control Maintenance
Checklist alone, with the corrective actions to be taken.
The Landowner, and any Successor, 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, or any Successor, copies of
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev,OV0912007
the inspection findings and a directive to commence with the repairs if
tn
necessary,
4. In the event the Landowner, or any Successor, fails to maintain the Facility in
good working condition acceptable to the City, the City, its authorized agents
and employees, may enter upon the Facility Property and take whatever steps
necessary to correct deficiencies identified in the Storm Water Structural
Control Maintenance Checklist and charge the costs of such repairs to the
Landowner, or any Successor. It is expressly understood and agreed that
the City is under no obligation to routinely maintain or repair the Facility,
and in no event shall this Agreement be construed to impose any such
obligation on the City, such obligation is Landowner's, or any Successor's.
5. The Landowner, or any Successor, 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, or any Successor, shall reimburse the City upon
demand, within 30 days of receipt thereof for all actual costs incurred by the
City hereunder upon the City's submission of an invoice to the Landowner. 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 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, OR ANY SUCCESSOR, AGREE TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER, OR ANY
SUCCESSOR, COVENANT AND AGREE AND DO HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL
STORM WATER FACILIPf AVANT ENANCE AGREEMENT
Rev,010992007 3
COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF
ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE,
FROM THE FAILURE OF THE OWNER OR ANY SUCCESSOR OF
THE FACILITY PROPERTY TO MAINTAIN THE BED AND BANKS
OF THE DETENTION POND IN ACCORDANCE HEREWITH OR
THE FAILURE OF THE CITY TO PERFORM ANY OF ITS DUTIES
OR OBLIGATIONS HEREUNDER OR AS A RESULT OF ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE
OF THE BANK OF THE POND, AND (3) AND FAILURE OF THE
POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT
WITH CITY OF FORT WORTH CRITERIA.
7. Landowner, or any Successor, covenant and agree that no habitable building
shall be erected within the drainage easement outlined on Exhibit "B" but this
section shall not preclude construction of other improvements within the
drainage easement, which do not impede drainage. Landowner, or any
Successor, covenant and agree that no habitable building shall be erected on
the property within five feet of 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, and shall constitute a covenant running with the Facility Property, and
shall be binding on the Landowner, its administrators, executors, assigns, heirs
and any other successors in interests, including any property owners
association (individually, a "Successor"). Landowner may assign this
Agreement to any Successor, provided that: i the City has been given prior
notice of such assignment-- ii) such Successor agrees to and does in fact assume
in a written instrument delivered to the City, all of the obligations and
liabilities of Landowner hereunder. and iii) the City provides its concurrence or
such assignment, which concurrence shall not be unreasonably withheld. Upon
such assignment, Successor shall succeed to all rights and obligations of
STORM WATER EACH Ury MAINTENANCE AGPEPOIENT
Rev 0110912007
Landowner hereunder for all purposes of this Agreement, and Landowner shall
be relieved of any and all obligations or liability hereunder except for those
provided in Section 6 that arise or occur prior to the assignment or transfer of
this Agreement to a Successor.
Executed this day of 20Lf .
Landowner:
LNR CPT PRESIDIO APARTMENTS, LLC,
a Texas limited liability company
By: LNR CPT A&D Holdings, LLC,
a Delaware limited liability company
Its: Member
By: LNR Commercial Property Investment Fund Limited Partnership,
a Delaware limited partnership
Its: Member
By: LNR CPT Fund, GP, LLC,
a Delaware limited liability company
Its: General Partner
By:_
Print Name: Kenneth A. Kristofek
Print Title: Vice President
City:
City of Fort Worth
Fernando Costa
Assistant City Manager
D! r
Approved as to Form and Legality
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev,0 1 iog,'2007 5
Assistant City Attorney
eju
Cent; C`C AuthorizatiOx
ATTEST
o is t
D,ate
City Secretary
STATE OF TEXAS §
COUNTY OF DALLAS §
q This instrument was acknowledged before me this SE:� day of T-' '' -Iuaru
200X, by Kenneth A. Kristofek, as Vice President of LNR CPI Fund GP, LLC, a Delft-�vare
limited liability company, as the general partner of LNR Commercial Property Investment
Fund Limited Partnership, a Delaware limited partnership, as a member of LNR CPI A&D
Holdings, LLC, a Delaware limited liability company, as member of LNR
CPI PRESIDIO APARTMENTS, LLC, a Texas limited liability company, on behalf of
said limited liability company.
(S E A L)
Notary Public in� nd for the State of Texas
TERESA jANE LEWIS
INotary ublic, �tate of Texas Name (print): 73-c--4-
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My Commission Expires:
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STORM WATER FACILITY MAINTENANCE AGPEEMENT
Rev,01/009/2007 6
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Fernando Costa, Assistant City
Manager of the City of Fort Worth, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of
Ud '+ _ 2Q .
e i
otary Public in and for the State of Texas
Kiy "°
}*, r EVONIA DANIEL$
MY COMMISSION EXPIRES
9 `' July 10,2 #3
EXHIBIT "A"
DESCRIPTION OF FACILITY PROPERTY
[DESCRIPTION OF JUST THE POND AREA]
STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev,04109/2007
EXHIBIT A
DETENTION AND MAINTENANCE EASEMENT
WILLIAM McCOWAN SURVEY,ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a tract of land situated in the William McCowan Survey,Abstract No.999 in the City of Fort Worth,Tarrant County,Texas,
and being part of a 44.219 acre tract of land described in Deed to LNR CPI Presidio Apartments,LLC as recorded in County Clerk's
Document No. D207381129,of the Deed Records Tarrant County,Texas(hereinafter referred to as DRTCT),with the herein
described tract of land being further described as held on the ground by metes and bounds as follows:
BEGINNING at the southeast comer of said 44.219 acre tract,same being the southwest comer of a called 84.774 acre tract of land
(AREA#3),described in a Deed to LNR CPI Presidio Land,LLC as recorded in County Clerk's Document No. D207381128 DRTCT,
same also being on the north line of a called 95.7455 acre tract of land described in a Deed to LNR CPI Presidio Retail, LLC as
recorded in County Clerk's Document No. D207454225 DRTCT;
THENCE West,along the south line of said 44.219 acre tract and the north line of said 95.7455 acre tract,a distance of 412.78 feet
to a point;
THENCE North, leaving the south line of said 44.219 acre tract and the north line of said 95.7455 acre tract,a distance of 0.35 feet to
the point of curvature of a non-tangent curve to the right;
THENCE westerly,with the curve to the right,a distance of 103.91 feet,through a central angle of 85'16'51",having a radius of 69.81
feet,and a chord bearing and distance of North 42'34'05"West, 94.58 feet to the end of the curve-,
THENCE North,a distance of 34.39 feet to the point of curvature of a curve to the right;
THENCE easterly,with the curve to the right,a distance of 166.18 feet,through a central angle of 138'59'50", having a radius of
68.50 feet,and a chord bearing and distance of North 69'29'55"East, 128.32 feet to the point of reverse curvature of a curve to the
left;
THENCE easterly,with the curve to the left,a distance of 54.76 feet,through a central angle of 104*35'34", having a radius of 30.00
feet,and a chord bearing and distance of North 86'42'03"East,47.47 feet to the point of reverse curvature of a curve to the right;
E
THENCE easterly,with the curve to the right,a distance of 91.15 feet,through a central angle of 43'31'14",having a radius of 120.00
feet,and a chord bearing and distance of North 56'09'53"East,88.97 feet to the point of reverse curvature of a curve to the left-,
THENCE northeasterly,with the curve to the left,a distance of 140.58 feet,through a central angle of 67'07'22", having a radius of
120.00 feet,and a chord bearing and distance of North 44*21'49"East, 132.68 feet to the point of reverse curvature of a curve to the
right;
THENCE northerly,with the curve to the right,a distance of 8.40 feet,through a central angle of 04'48'56",having a radius of 100.00
feet,and a chord bearing and distance of North 13*12'37"East,8.40 feet to the point of reverse curvature of a curve to the left;
THENCE northerly,with the curve to the left,a distance of 49.28 feet,through a central angle of 28'14'04", having a radius of 100.00
feet,and a chord bearing and distance of North 01'30'03"East,48.78 feet to the point of reverse curvature of a curve to the right;
THENCE easterly,with the curve to the right,a distance of 199.00 feet,through a central angle of
161'43'36", having a radius of 70.50 feet,and a chord bearing and distance of North 68'14'49"East,
139,21 feet to the end of the curve;
THENCE North,a distance of 121.89 feet to a point on the curving east line of a 30'Wide Drainage OF
Easement, said curve being a non-tangent curve to the left; T`
4PIS
THENCE northerly,with the curve to the left,a distance of 24,22 feet through a central angle of ....-T
09'54'43", having a radius of 140,00 feet,and a chord bearing ng and distance of No 24*2608"East, S AM
24,19 feet to a point on the east line of a fore said 44,219 acre tract and the west line of
aforementioned 84.744 acre tract-,
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THENCE South,along the east line of said 44.219 acre tract and west line of said 84,744 acre tract,
a distance of 548,91 feet to the POINT OF BEGINNING and containing 2,7090 acres
or 121,520 square feet of land; SURNEYOR f ENGOEER
PIPP"'Mourim Kimley-Horn
11111111b.-I, and Assmiates, Inc.
DW�W,T 7525 (97212394-=OFA�X
Page I of 2 Contact=W .RPLS
EXHIBIT "B"
FACILITY DESIGN SPECIFICATIONS
[ATTACHED HERETO]
SHOULD ALSO LVCLUDE DEPICTION OF DRAINAGE EASEMENT AREAS
DESCRIBED LV SECTION 7 OF THE AGREEMENT
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev,01/0912007
EXHIBIT B
DETENTION AND MAINTENANCE EASEMENT
WILLIAM McCOWAN SURVEY,ABSTRACT NO. 999 RESID/O
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS VISTA DRIVE
LINE TABLE
LINE BEARING LENGTH 60
L200 NORTH 0.35 30' DRAINAGE
L201 NORTH 34.39 EASEMENT
L202 NORTH 121.89
CURVE TABLE
CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD
C200 161*43*36" 70.50 199.00 N68*14'49"E 139.21
C201 28*14*04" 100.00 49.28 N01*30'03"E 48.78 -10'
C1991--4
C202 4-48-56- 100-00 8.40 Nl 3*1 2'37"E 8.40
C203 67*07'222" 120.00 140.58 N44*21'49"E 132.68
C204 43'31'14" 120.00. 91.15 N56'09'53"E 88.97
C205 104*35*34" 30.00 54.76 N86'42'03"E 47.47
C206 138*59*50" 68.50 166.18 N69'29*55"E 128.32
C207 85'16'51 69.81 103.91 N42'34*05"W 94.58 LU
C212 9*54*43" 140.00 24.221 N24'25*08"E 24.191 ¢N
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CALLED 44.219 ACRES o1 00 o—K)o
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CC #D207381129 LO
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as recorded in the deed to LNR CPI N84*00'54"w
PRESIDIO RETAIL,LLC Recorded POINT OF 274.38'
BEGINNING
in D207381128 Deed Records
Tarrant County,Texas. CALLED 95.7455 ACRES
LNR CPI PRESIDIO RETAIL, LLC U,
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EXHIBIT ficto
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
Z:�
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 10
Rev,OV0912007
EXHIBIT IfIXt
STORM WATER STRUCTURAL CONTROL MAINTENANCE CHECKLIST
FREQUENT 1 REPAIRS REPAIRS NOTES
INSPECTION DATE--I 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
pond
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of vegetation
Condition of trash
_guard _
Location of Erosion
MAJOR
INSPECTIONS
Condition of to
Water Quality
Structure
I Type of Storin Water 1
Quality Structure
Structure type and
Condition
Condition of Rip-Rap
FCondition of filtiaition
astem
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev,01,109/2007
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORM VVATER FACIL"MAINTENANCE AGREEMENT 12
Rev,01109/2007
Dallas 1\5219973\4
48889--1 1012312008
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