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Home My WebLink AboutContract 42325 CITY SECRETARY PACT NO. �. STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of Wk. a-1 , px,;,1\ , by and between CVS Pharmacy, Inc., a Rhode Island 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 an approximately 2.604 acre tract located in E.P. Parris Survey, Abstract No 1222, Tarrant County, Texas according to the deeds recorded in Instrument No's D211156950 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 Final Plat, South Side Addition, Lots 3R & 4R, Block 7, 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 RECCRD l CITY 'A'%__kETARY f:T. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.01/09/2007 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 2 Rev.01/09/2007 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 3 Rev.01/09/2007 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 ��day of Pune, 2011. Landowner City CVS Pharmacy, Inc., City of Fort Worth a Rhode Island corporation �"f Kristine L. Donabedian TFernando os a 6X20) Assistant Secretary Assistant City Manager ` Appr9wta§to Form and Legality CVS Legal Approval: Maryann Civitello (2 Assistant City Attorney Vv' � - 2 5-113 q- ATTEST City Secretai ,��'Sl'11Z11nA .47 pV . a�o �vn o� 000000000 a OFFICIAL RECORD I CITY SECRETARY E FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev 01/09/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on S 'Pa?ao" by 1--'>Femando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. '`,e = LINDA M.HIRRI.INGER V r 1 l * * MY COMMISSION EXPIRES Notar Public, State of Texas FebRM 2,2014 STATE OF RHODE ISLAND ) )ss. COUNTY OF PROVIDENCE ) The foregoing instrument was acknowledged before me this day of 4"w� 2011, by Kristine L. Donabedian as Assistant Secretary of CVS PHARMACY, INC., a Rhode Island corporation, for and on behalf of the corporation, for the purposes therein stated. Notary Public Mary E. Hassan Notary Public #37471 My commission expires: State of Rhode Island My commission Expires 07/25/2013 OFFICIAL RECORD' CITY SECRETARY -T. WORTH, TX i STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev 01/09/2007 0.095 ACRE STORM WATER DETENTION FACILITY EXHIBIT BEING a tract of land situated in the E. P. PARRIS SURVEY, ABSTRACT No. 1222, in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 4R, Block 7, Southside Addition, an addition to the City of Fort Worth, according to the plat thereof recorded in Document No. D211156950, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found at the northwest Block corner of said Block 7, said point also being the intersection of the east right-of-way line of Travis Avenue (50' R.O.W.)and the south right-of-way line of W. Anthony Street(50' R.O.W.)and the northwest corner of said Lot 4R, Block 7; THENCE South 89 deg 50 min 18 sec East, along said South right-of-way line of W. Anthony Street, a distance of 35.00 feet to a point for corner; THENCE South 00 deg 09 min 41 sec West, departing the south right-of-way of said W. Anthony Street, a distance of 14.00 feet to the POINT OF BEGINNING; THENCE South 89 deg 50 min 18 sec East, a distance of 77.00 feet, to a point for corner; THENCE South 00 deg 09 min 41 sec West, a distance of 54.00 feet, to a point for corner; THENCE North 89 deg 50 min 18 sec West, a distance of 77.00 feet, to a point for corner from which a 3/8 inch iron rod found bears South 38 deg 18 min 07 sec West, a distance of 72.86 feet; THENCE North 00 deg 09 min 41 sec East, a distance of 54.00 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 4,158 square feet or 0.095 acres of land, more or less. Bearings shown hereon are based upon an on the ground survey performed in the field utilizing GPS observations(WGS84)of N00009'42" E along the East right-of-way line of Travis Avenue. A•••OF T.�',9 INWinkelmann AR •s & Associates, Inc. EXHIBIT A - STORM WATER CONSULTING CIVIL ENGINEERS ■ SURVEYORS LEC)NAR JAY W.E.K R DETENTION FACILITY EXHIBIT DALLAS, HILLCRST RL DRIVE, SUITE 325 (972)490-7090 DALU714 -1• S,TEAA7SS 75230 (972)49D-]099 FAX Q: 0.095 ACRES Teva:Engineers R,,M,.I—No 39 Teve:S��evo�:No 10086"" s s ko QP COPYRIGHT 2010~kelma-&A--te:Inc 4� ' .. Scale N/A ••u�� CVS PHARMACY, INC. Date 01,12 2017 ONE CVS DRIVE 2 Dwg. File DetPond-Exhibit ! E Project Na. 58728 WOONSOCKET, RI, 02895 G:\587\28\SURVEY\ALLEY & DETENTION POND EXHIBIT\DetPond—Exhibit.dwg BLOCK 6 SOUTHSIDE ADDITION VOL. 204-A, PAGE 109 N ZONED B 15 16 17 18 19 20 POINT OF 0' 20' 40' COMMENCING POINT OF W. ANTHONY STREET BEGINNING Scale 1"=40' (50' RIGHT-OF-WAY) 3/8" IRF L1 CM N o J L3 F LINE TABLE 0 O PRIVATELY LINE# BEARING DISTANCE W MAINTAINED N DETENTION POND I L1 S89050'18"E 35.00' 0 EASEMENT Z 5:� — 4,158 SQ. FT. L2 S0009'41"W 14.00' a c9 LL Of L3 S89050'18"E 77.00' Q Q � L5 L4 S0009'41"W 54.00' x u. MIIIIIIII w—a, U L5 N89050'1 8"W 77.00' b Q 35' SANITARY SEWER EASEMENT L6 N0009'41"E 54.00' �. m DOC.#D211156950 L7 S38018'07"W 72.86' LOT 4R, BLOCK 7 3/8 IRF DOC.# D211156950 1/2" IRF 20' DRAINAGE 15' UTILITY EASEMENT EASEMENT DOC.# D211156950 DOC.#D211156950 10' UTILITY LOT 3R EASEMENT I 70,932 SQ. FT. DOC.#D211156950 � w 1 .628 ACRES Zv BLOCK 7 CM=CONTROLLING SOUTH SIDE ADDITION MONUMENT o DOC.# D211156950 o 0 Z wWinkelmann "`• ��T••�' & Associates, Inc. '•Q °•% EXHIBIT A - STORM WATER CONSULTING CIVIL ENGINEERS SURVEYORS LEONARD J Y•LUEKER DETENTION FACILITY EXHIBIT SHEET 6750 NILLCREST PLAZA DRIVE.SUITE 325 (977)l90-7090 •N ••• DALLAS.TEXAS 75230 (977)490-7099 FAx :q• s •t+a••••••• 0.095 ACRES Texas Engineers Registraton No 69 �.• Tevas Surveyors No 100666-00 ' P: COPYRIGHT�70„ WInMNmenn6AaaocietesInc CVS PHARMACY, INC. OF Scale :1" = 40' V Date :08.10.2011 ONE CVS DRIVE 2 Dwg. Elle DetPond—Exhibit at WOONSOCKET, RI, 02895 Project No. : 58728 G:\587\28\SURVEY\ALLEY & DETENTION POND EXHIBIT\DetPond—Exhibit.dwg •�>, - i TRAVIS AVE. P ;° (lGIl01i-6-MV! u � P— i 1 � I i _ � J� � I leaza8z:£�ail�7 I - 9 li I {tfr«qoff lit( a flit lo e. .o PHIIL $T. Av �.F Z f0 N s 0 e _= " a � !i i � ay.E wn Rveiow orscwTw� ♦new. �iiti L1 � �� w/ /+ NO xT. �.r.o. f�aRa SSSilll S Ask x w/xc/ii AOOD*-i ..T.o. �i s cr•Co MTs io. yLy li �•• t�r�i p Z _� � dgs /xaM/20/11or cowKwTs io. "'pM/20/11A.., .Ea t� V i�s L' Rl+mi o m y li i O fang ri5 i C-Ac. LA o SS 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, 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 9 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 O Rev 01/09/2007 Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic I ife Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 1 Rev 0110912007 4 f y a Y --� TRAVIS AVENUEy` — a --- u t t It Im 01< -Mill �j JI a — .e.., 4 - -- mj. 1 i oil ' 1 I e ,aam 14 N41M,MI1I STREET � I 9 Ilia IaiI R - sll �� i ti1g ff. �} ggg gg 5g : a s - y.a�- yy ii k ¢ a u d - - y y 'lb :�t�88� B 8 d t B.§ i.t�9 81q�➢ B B�b FINAL PLAT arcs rorty NdrrH » '+� LOTS 3R 6 4R,BLOCK 7, TEXAS SOUTHSIDE ADDITION c s ----:�7 O011Mr.,eK,.s - !(IAM 11.,1— FORT WORTH,To.c cvs oirvt •.�. "_C2�,. L_ Mvoeeocxe,,m ase 1tgW�'lYllq •a a r 1$ 4Gh fill If ��•H eEu Hi se gra �g il�7l! B � tai g'$ � Ml g4Tg° M 4 �v9 _ i'g %$"t s �a �`aAa �� .i$ X11a,$ NI:916 I$ g$ m $n§ i°o ap��6 t flit MR if t, $ Millowfli! if lid 11110 19"1, y )j(p 1iis,� jig 111 S1, 111 !Jul ; $ H HIM Him tae n . Ysr� $ tia # p jilt cr8i` 3Y g MI fit its VIM � g 4$ �a Ga4x�'p 1 � I Ub �1 F.v.DaiwatUmFv,AMTWTw.,m • e e =son tM DYad CT'OF Fp T WpitN AMrWM,iK. _ - Paw.PLAT Tuww.atwrr.reins _sell N �,--- LOTS 3R 8 4R,BLOCK 7,SOUTHSIDE ADDITION cvs rHunuty.to �A=C.- one cvs onn[ ""-- FORT WORTH,TEXAS woauvxxer ni i3tt5 °^•� ic:aw I-xP IqF M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORTH COUNCIL ACTION: Approved on 9/20/2011 DATE: 9/20/2011 REFERENCE **C-25173 LOG NAME: 20ROWE6659SWFMA NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Storm Water Facility Maintenance Agreement with CVS Pharmacy, Inc., on Property Located North of Seminary Drive and Southwest of Anthony Street, in the South Side Addition, Lot 4R, Block 7 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with CVS Pharmacy, Inc., for property located north of Seminary Drive and southwest of Anthony Street, in the south side Addition, Lot 4R, Block 7, at no expense to the City. DISCUSSION: CVS Pharmacy, Inc., is the owner of a 2.604 acre tract of land upon which it will construct a detention pond. The facility is being constructed to limit storm water runoff from their property to predevelopment levels. The detention pond will be located north of Seminary Drive and southwest of Anthony Street, in the south side Addition, Lot 4R, Block 7, adjacent to the new CVS Pharmacy. The terms of the Maintenance Agreement ensure proper maintenance of the facility by CVS Pharmacy, Inc., at no cost to the City. The facility is located in COUNCIL DISTRICT 9, Mapsco 090M. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by- Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Jill D Griffin (6253) ATTACHMENTS 6659-20ROWE6659SWFMA.pdf http://www.fortworthgov.org/council_packet/mc_review.asp?ID=15785&councildate=9/20/2011 9/20/2011