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
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SCALE:
W
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MOBER Y ST Dap
N89-40'01E 51 -89' j
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LOCATION MAP � � I I 0 I.LI
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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 !
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— - — — — — O 136.4, >
FIR
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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
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STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev.09/10/2012
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STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev.09/10/2012
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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
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