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HomeMy WebLinkAboutContract 42178 STORM WATER FACILITY CITY SECRETARY MAINTENANCE AGREEMENT CONTRACT NQ �`n THIS AGREEMENT, made and entered into this day of 2 o2D// , by and between HCA HEALTH SERVICES OF TEXAS, INC., 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 60.520 acre tract located in the W. McCOWAN Survey, Abstract 999, Tarrant County, Texas according to the deed recorded in Volume 16373, Page 418, 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 Lot 1 — HCA Health Services 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 OFFICIAL RECORD CITY SECRETARY T WORT.i, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.01/09/2007 03- 6- 1 1 A94 IN 09-06-11 P02 :46 OUT 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 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 "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 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 Rev.01/09/2007 2 4. In the event the Landowner, its successors and assigns, 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 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 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 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, 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.01/09/2007 3 FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE HEREWITH, 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 TO PERFORM ANY OF ITS 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 frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.01/09/2007 Executed this 146 day of e9&e car 20/ Landowner City HCA HEALTH City of Fort Worth SERVICES OF TEXAS, INC. Name: W. Mark Kimbrough Fernando Costa Assistant City Manager Title :Vice President Approved as to Form and Legality Assistant City Attorney ATTEST i City Secretaryr�1 916.0 m4c, C - 25I0 -3 /off 11 M&C: "jo=3 DATE AGENT... -0'4^qDOE After recording please return to: Cloyde Jordan,Land Agent City of Fort Worth Transportation and Public Works Department Right of Way and Easements OFFICIAL RECORD 900 Monroe St Suite 404 CITY SECRETARY Fort Worth,Texas 76102 FT. WORTH TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.01/09/2007 5 STATE OF § ,rte✓iDl dp) COUNTY OF D?iELAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ��,,,►css�e �, on this day personally appeared W. Mark Kimbrough, 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 HCA Health Services of Texas, Inc. and that he/she executed the same as the act of said HCA Health Services of Texas, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. c • ST •�o; No ary Public, State of Texas- MY Commission Expires �B� R� F° = March 3 2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 414elSl- Xmoo// by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. otary Public, State of Texas ——._ REEI IELS!OFFICIAL RECORD EXPIRES13 CITY SECRETARY FT. WORTH TX STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01/09/2007 5/8' IRF SCALE 1 1' = 1000//* HCA HEALTH SERVICES OF TEXAS, INC. DOC. No. D205372747 D.R. T.C.T. / PROPOSED LOT 2 / FUTURE WATER 8 S.S. EASEMENT IBY SEPARATE INSTRUMENT 1 / 10' ELECTRIC 10'ELECTRIC EASEMENT • roC CM!'49,gS\ `4�gT`SFpQ (BY SPARNATE ---f —— INST No. D211015976 ——— OC/NC• R�''yF,jT�F s INSTRUMENT 1 P.R.T.C.T.— — y--- — — 5/$• --r ----------�`-SOUTH 175.00'---�\� / 251RWATER AND IITARY SE LOT 1 O \ ` /� S�EASEMENT� HCA HEALTH o 175' x 155' o • 'Z, (DoE No. 64901 SERVICES ADDITION Tri STORM WATER IA >' y%n��PsINST. DNR.T CI1005396 INST No. D211015976 'n DETENTION' 'n // sus s°c P.R.T.C.T. FACILITY'/ may// y (27. 125 F. // 10' ELECTRIC /C• & INST No. D211015976 Oily _d? I P.R.T.C.T. a G " �� NORTH 175.00' �.. I I /� 25' WATER AND I I SANITARY SEWER •pa S 52002'55' W EASEMENT r, INST No. D211015976 125.27' 1 P.R.T.C.T. -- ---r--T--�-_� I, PLACE OF HCA HEAL TH SERVICES OF I I N BEGINNING TEXAS, INC. I I ! ! I�2'IRs t•, VOL.D6 373,R.T.CPT.G. 418 I I pyr`n 1 I I)w) 8ASSOC INC, 60'x EASEMENT A� DNaNAGE I ( ! 25' WATER AND SANITARY (DOE No. 65011 I I 2 SEWER EASEMENT PROPOSED LOT 2 INST. No. D211006776 (DOE No. 6490) D.R.T.C.T. I I 1 INST. No. D211005391 I I 0.R.T.C.T. NOTES: (1) ALL BEARINGS BASED ON THE TEXAS * LEGEND * STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE 4202, NAD 83, AS DERIVED I RF IRON ROD FOUND BY FIELD OBSERVATIONS UTILIZING THE RTK IRS IRON ROD SET NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. C.M. CONTROLLING MONUMENT (2) THIS SURVEY WAS MADE ON THE GROUND ON DECEMBER 14, 2010, UNDER THE DIRECTION OF GREGO A.E. MADSEN, R.P.L.S. N0. 5798. (3) REFER TO THE ACCOMPANYING FIELD EXHIBIT 'A ' NOTES ATTACHED HERETO AND MADE A PART THEREOF. 175 'x 155STORM WATER DETENTION FACILITY (27, 125 S.F. ) L OCA TED IN THE W. MCCO WAN SURVEY ABSTRACT No. 999 FORT WORTH, TARRANT COUNTY, TEXAS WA1102124.01 SHEET I OF 2 SWFMA EXHIBITS-02124.01.dwg 03-03-2011 10,07 IZJV/j^ WEER & ASSOCIATES INC. EXHIBIT 'B' 175' x 155' STORM WATER DETENTION FACILITY (27,125 S.F.) LOCATED IN THE W. MCCOWAN SURVEY ABSTRACT No. 999 FORT WORTH, TARRANT COUNTY, TEXAS FIELD NOTE DESCRIPTION: BEING A TRACT OF LAND LOCATED IN THE W. MCCOWAN SURVEY, ABSTRACT No. 999,BEING A PORTION OF LOT 1,HCA HEALTH SERVICES ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,RECORDED IN INSTRUMENT NUMBER D211015976,PLAT RECORDS,TARRANT COUNTY,TEXAS(P.R.T.C.T.), BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO HCA HEALTH SERVICES OF TEXAS,INC.,RECORDED IN VOLUME 16373,PAGE 418,DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.),AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT,FROM WHICH A 1/2" IRON ROD SET WITH CAP STAMPED"WIER&ASSOC INC"BEARS S 52°02'55"W, 125.27 FEET, SAID IRON ROD BEING THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 1 AND BEING IN THE NORTH RIGHT-OF-WAY LINE OF NORTH TARRANT PARKWAY(VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH, 175.00 FEET TO A POINT; THENCE EAST, 155.00 FEET TO A POINT; THENCE SOUTH, 175.00 FEET TO A POINT; THENCE WEST, 155.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.623 ACRES(27,125 SQUARE FEET)OF LAND,MORE OR LESS. OF GREGG A. THIS SURVEY WAS MADE ON THE GROUND UNDER THE 9f%•••. $ t. DIRECT SUPERVISION OF GREGG A.E. MADSEN,R.P.L.S. 3 II NO. 5798 ON DECEMBER 14, 2010. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM,NORTH CENTRAL ZONE 4202,NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. SHEET 2 OF 2 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 MAI NTENANCE/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 7 Rev.01/09/2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings 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 i -STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.01/09/2007 Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.01/09/2007