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HomeMy WebLinkAboutContract 45332 MY SEMARY CONTRACT N6. �. STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this Z day of j(A n L4 A 201q, by and between WF-FD Master Lease 1, LLC, acting by and through Family Dollar Stores of'Texas, LLC, its Construction Agent, 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 1.8506 acre tract located in the Trentman City Addition to the City of Fort r,la 44-js�2t�3 tq9,KS,1 Worth, Tarrant County, Texas according to the deed recorded in Volume _ —, Page I 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 Family Dollar Miller-Martin 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 ORO Ry OFFICIAL RECORD E CITY SECRETARY 'C STORM WATER FACILITY MAINTENANCE AGREEMENT TH TX Family Dollar Miller-Martin Addition FT.WORTH TX Rev.09/10/2012 ED FEB 0 3 TX 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", 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 "U', 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Family Dollar Miller-Martin Addition Rev.0911012012 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 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 and its successors and aMijns. 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 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. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER, ITS SUCCESSORS AND ASSIGNS, AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER, ITS SUCCESSORS AND ASSIGNS, COVENANT AND AGREE AND DO 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Family Dollar Miiier-Martin Addition Rev,09/1012012 ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF SUCH LANDOWNER 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,, its successors and assigns, covenant and agree 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, its successors and assigns, covenant and agree 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 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.. [SIGNATURE PAGES FOLLOW] STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Family Dollar Miller-Martin Addition Rev.09/1012012 Executed this day of �fi Family Dollar Stores of Texas, LLC, as Construction Agent for 'IMF-FD Master Lease I, LLC pursuant to that certain Construction agency ,agreement dated June 19, 2013 CITY OF FORT WORTH By: Family dollar Holdings, Inc., its roan ember By: e: Jose Luis Fernando Costa Ti . ice President—Real Estate assistant City Manager Development Approved as to Form and Legality f Of Assistant City attorney 0 a ATTEST City Secre l &C LM Date- -1-L -U td OFFICIAL RECORD CITY,SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT T 5 Family Dollar Millar-Markin Addition Rev.0911 0l2 012 STATE OF TEXAS § COUNTY OF TARRANT This instrument was acknowledged before me on by Fernando Costa, Assistant City Manager of the City of Fort orth, on b6half of the City of Fort Worth.. �,»W ri I Y E rE rew "............. ,pOw anu d & '... l Q l .. ;H Notary Public, State of Texas STATE OF NORTH CAROLINA § COUNTY OF MECKLENBURG § Before me, the undersigned authority on this day of 2013, personally appeared Jose M. Luis, 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 Family Dollar Holdings, Inc., in its capacity as managing member of Family Dollar Stores of Texas, LLC, in its capacity as Construction Agent for WF-FD Master Lease 1, L1�C, and that he executed the same as its Mice President — Real Estate Development and as the act of such corporation and for the purposes and consideration expressed in,the foregoing instrument.KAI-HLEEN S. E(NARY PUBLIC Notary Public, State of North Carolina urg C ounty,North Carolina ission Expires 12/16/2016 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Family Dollar Miller-Martin Addition Rev.05/10/2012 EXHIBIT "A" DRAINAGE EASEMENT PARCEL PORTION OF LOT 9R, BLOCK 2 FRENTMAN 0TY ADDITION CITY OF' FORT WORTH, TARRANT CO(JNTY, TEXAS BEING 13,534 SQUARE FEET OF LAND SITUATED IN LOT 9R, BLOCK 2, OF TRENTMAN CITY ADDITION, AN ADDITION TO THE CITY OF FORTH WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF 'RECORDED IN VOLUME --------- PAGE -------- PLAT RECORDS, TARRANT COUNTY, TEXAS; AND BEING MORE PARTICUIARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT' A 1/2 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID LOT 9R AND AT THE INTERSECTION OF WEST LINE OF MILLER AVENUE (80' RIGHT-OF-WAY) WITH THE NORTH LINE OF A 50 FOOT RIGHT-OF-WAY DEDICATION; THENCE NORTH 90000'00" WEST, DEPARTING SAID WEST LINE OF MILLER AVENUE AND ALONG THE SAID NORTH DINE OF 50 FOOT RIGHT-OF-WAf DEDICATION, A DISTANCE OF 111-51 FEET TO A POINT FOR CORNER; THENCE NORTH 00020'00" WEST, A DISTANCE OF I00.61 FEET TO A POINT FOR CORNER; THENCE NORTH 70*33'07" EAST, A DISTANCE OF 63.13 FEET TO A POINT FOR CORNER; THENCE NORTH 00000'00" WEST, A DISTANCE OF 11.38 FEET TO A POINT FOR CORNER; THENCE NORTH 89040*00" EAST, A DISTANCE OF 51.80 FEET TO A POINT IN THE SAID WEST LINE OF MILLER AVENUE FOR CORNER; THENCE SOUTH 00*20'00" EAST, ALONG SAID WEST LINE OF MILLER AVENUE A DISTANCE OF 133.32 FEET TO THE POINT OF BEGINNING AND CONTAINING 13,534 SQUARE FEET OR 0.3107 ACRES OF' LAND, MORE OR LESS. aEARINiGS SHOWN HEREON ARE BASED ON TRENTMAN CITY ADDITION, RECORDED IN VOLUME 388-8�, PACE 199, OF PLAT RECORDS,, TARRANT COUNTY, TEXAS. A DRAWING OF EVEN DATA HEREWTH ACCOMPANIES THIS DESCRIPTION, OF, 19% • DAVID F. McCULLAH DAV'ID R McCULLAH REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4023 4023 o -S S� �k S 5 PAM 1 OF 2 KNOX ST EXHIBIT "A" I I N TRENTMAN ST MARTIN ST I 5' UTILITY , SITE ESM T 3r C-4 SCALE: W I 1' = 30' MOBER Y ST Dap N89-40'01E 51 -89' j Z� LOCATION MAP � � I I 0 I.LI 4 ro Z I N1 I > Z TRENTMAN CITY _> ADDITION � la a BLOCK 2, LOT 9R z I I� r a 1.8506 ACRES 0 I : �= VOL. -------- PG ---- � DRAINAGE I I''' CL' °� P.R.T.C.T. Q EASEMENT I I� J 13,534 SF I'A �o (0.3107 AC) `d — CO IN i 0 I I I POINT OF i BEGINNING i FIR 1/2" N900 0'0"W 1 1 1 .51 ' I 4{]' VOL. 388-B, PG 1199 " N900 0' 0"W 138-25' FIR I P.R.T.C.T. O 3.�M c 112"'i 8' ESM T. FOR Of r7 1 UPLITIES " 4 O Ln ! C? i I — - — — — — O 136.4, > FIR 1/2" i FIR N I JUAN M. SIFUENTES I, DAVID —F. McCU—TE"XA, REGISTERED PROFESSIONAL LAND SURVEYOR NO. A OF THE STA ATE OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND REPRESENTS THE RESULTS OF A SURVEY MADE ON THE GROUND BY MYSELF OR BY PERSONNEL A LEGAL DESCRIPTION OF EVEN DATA HEREWITH UNDER MY DIRECT SUPERVISION AND CONTROL. THIS PLAT WAS MADE IN ACCOMPANIES THIS DRAWING, ACCORDANCE WITH THE CURRENT PROCEDURES AND PRACTICES ESTABLISHED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING, AS AUTHORIZED BY THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, AS AMENDED. BEARING ASIS O BEARINGS SHOWN SHOWN HEREON ARE BASED ON TRENTMAN CITY WITNESS MY HAND AND SEAL G/ �± ADDITION, RECORDED IN VOLUME 388-B, PAGE 199,. OF THIS THE DAY OF "yed 1 2013. PLAT RECORDS, TARRANT COUNTY, TEXAS. .•'��r«r*��'• �'wtlpm ^rnw. wws'e .M",. i� C� �a �I�� �O F f iC•1, "��'Owuu fn Il ���111 .W• DAVID F. McCULLAH r«««r«««rruru«rrr«rrrs•rr�aN PAGE 2 OF 2 REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4023 DAVID F.McCULLAH DRAINAGE EASEMENT PARCEL PREPARED BY: :%.0 Dared McCullah PORTION OF LOT 9R, BLOCK 2 Compass Points Professional Services 4'••••• I TRENTMAN CITY ADDITION 3908 Wyeth Dr.Plana,TX 75023 CITY OF FORT WORTH. TARRANT COUNTY, TEXAS CONTACT: MORI A►KHAVAN 972-816-2626 •: EXHIBIT "B" DESIGN PLAN & SPECIFICATION Xw, N-,1-1 vu. nisei%%' cs - �. � �3a FWl MVn 9fl�d r�acdca/w -vvm new.,u va�rn a me..nEi I E9gMY 17tlq yv ea:a.r¢xav tats .. ui CL ..41 C1L yic,".h .. S � J ununlmrr�sv .. T'M'AJT/ARV Q �� _ ,IIyfN,ad►� 1 W Y C ui CS 9 0� I Of p � 44 1 a o ,� Fi -/V, 71%x/3 STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.09/10/2012 � r w. C � f! fol iu 4 .I a i w MYLL6k AVENUE as axacxPgwr ,. -n Y l 4'` K t— eJ x m m ., 0 IT1 -,�VE�� r,. ri m F ! L�� J F7sg13 1 u 7 M&LEN AVENUE May.uM 1 Y. 6 4'3 P 3�1,`2sa3,�+9m¢hr ..r2;a tl C�IrTp'tl w eo,r J c 9wcwwxIlFlx.,m Nx U c pw CK (N/CL aL✓k FAMILY DOLLAR STORE G px su®w�rrxa,N IwrKa N w w IT 4 TRIANGLE 4108 MARTM STREET x° L a FNGl NEFR .lNG,l,LC n u rz r, Siru wn¢a of r ewmnw rxrbxrariMe FORT WORT H,TEXAS c7»» ,xn.x+Lxah:perw;.M"a,rw.e^.r bw+a � ./V 711?113 STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.09/10/2012 1'�3�ik.5 fl1d1L9�'W vas' awranx dr u.0 as+.....�e xans i�ao rra"rrn r"rtwl v c wuucr'sr x �- . o� rw t x ua mat w radfais u a w.ax1'mz a, _ W sw use,rvu+.v v,axaam ,urm .. , `�. �.` "o .�wil �. m._ —� m t i s3S' m4 x I�1 LS'tid'0'10C1.IW 4 3.1.'L4k�1t�A+1 k N 7'Y11 W d's CYH)tl.YWk!"�f5 �C1F �� MVJJ,.i kLSyC iLYP�^'reN M�9b t I17 N411!hJ a1�{f e m ' � Asa 5� I �:w uj LU L>< pv luj rn 2 z In r'4 I _ law t R1umw� aRxnxrmaan x r rdm�az a aob ig � 1� naaaazxmx �� It km 4ccelo �,eJ Igo,, 41el STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.17911012012 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 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/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, littler 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 Rev.09110/2012 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 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 vegetation 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- STORM WATER FACILITY MAINTENANCE AGREEMENT 12 Rev.09/10/2012 Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 13 Rev.0911012012 bM 4� LO E 0 E cm— '= m C cc= m f4 LU0. 0 M r 4 E s5 CO) z E c w 0 0 C CL AC LLJ 0 -. r 04 0 w x CD 0 0 0 w E LL t I E M X 0 z w Z F- z 9 1 I l W 0 z mm I I I I cry >- ic LL x P C: w CL W CL Z < CL z uj co (D 0) cm E -0 C) W C) 0 c C W U) 0 a) 0 75 E E c 5 mo Q>) 0 C.) 0 a) 0 cu C/I (D 0 0 "a c 0 U) m C '§ 0 0 (D E CU co a) X .0 E Z3 2 0 > a) :t- C: cm ca 0 E C;) 0) cz 0 (D (D r- E 4) 0 .2 "2 CD 'o 'a OL 0) 75 0. 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