HomeMy WebLinkAboutContract 46266 STORMWATER FACILITY (.-,0.K17RA T 10.
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of?P� . '� , 2014, by
and between JDC Fort Worth, L.L.C., 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 44.195 acre tract of land situated in the Greenberry Overton Survey,
Abstract No. 972, Alexander McDonald Survey, Abstract No. 786 and the E.B. Peter
Survey, Abstract No. 1626, City of Fort Worth, Denton County, Texas and being part of a
called 46.374 acre tract of land described in Warranty Deed to Federal Express
Corporation recorded in Volume 4349, Page 1384, Deed Records of Denton County,
Texas, and part of a tract of land described as Tract 1 in Warranty Deed to Federal Express
Corporation recorded in Volume 4352, Page 99, Deed Records of Denton County, Texas,
hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Construction Plans known as Plans for the construction of Paving,
Grading, Drainage, Water and Sanitary Sewer Improvements to Serve FedEx Alliance
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
OFFICIAL RECORD
VVY SECRETARY
F u. MMTH, TX
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012 RECEI
1. 0 DEt, 18
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
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.09/10/2012
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.
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, as 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 Denton County, Texas an affidavit identifying the property to be
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.09/10/2012
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
FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITY PROPERTY 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 covenants and agrees that no habitable building shall be erected
within the pond area outlined on Exhibit "A" but this paragraph shall not
preclude construction of other improvements within the pond area, which do
not impede drainage. Landowner covenants and agrees that no habitable
building shall be erected on the above property abutting such pond area 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 Denton County,
Texas, shall constitute a covenant running with the land, and shall be binding
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev.09110/2012
,r m=
Executed this r�, day of June, 2014,
Landowner City of Fort Worth
JDC FORT W RTH,L. ,
a Misso i 1' ited 1' ty company
Name: Kevin R. Jones Fernando Costa
Assistant City Manager
Title: Manager
Approved as to Form and Legality
Assistant Cit_ttorney
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STORM WATER FACILITY MAINTENANCE AGREEMENT rI �
Rev 09110/2012 <<�0 )��rc�i�flnjn(
2114257.1
STATE OF TEXAS §
COUNTY OF TARRANT §
26 /�1
This instrument was acknowledged before me on by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
o;tg: °?,,, EVONIA DANIELS
' �__ Notary Public,state of Texas
My Commission Expires otary Public, State of Texas
July 10, 2017
STATE OF MISSOURI §
COUNTY OF JACKSON §
Before me, the undersigned authority on this 29th day of
May 2014, personally appeared
Kevin R. Jones . Manager of JDC Fort
Worth, L.L.C., a Missouri limited liability company, 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 said limited liability company, and that heMm executed the same as its
Manager and as the act of such limited liability company and for the purposes
and consideration expressed in the foregoing instrument.
KATHLEEN NEEDHAM
Notary Public - Notary Seal
STATE OF MISSOURI NotAry Public, State of Missouri
Jackson County
My Commission Expires Apr. 12, 2016
Commission # 12413871
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev.09/10/2012
2114257.1
LEGAL DESCRIPTION
4.293 ACRES
BEING a tract of land situated in the Alexander McDonald Survey, Abstract No. 786 and the E.B. Peter Survey,
Abstract No. 1626, City of Fort Worth, Denton County, Texas and being part of a tract of land described as Tract 1 in
Warranty Deed to Federal Express Corporation recorded in Volume 4352, Page 99, Deed Records of Denton County,
Texas and being more particularly described as follows:
COMMENCING at a 5/8" iron rod with "Carter Burgess" cap found for corner in the northwest right-of-way line of
Heritage Parkway(a 120-foot wide right-of-way)at the southeast corner of said Tract 1;
THENCE departing said northwest right-of-way line of Heritage Parkway, with the east line of said Tract 1, North
60°34'41"West, a distance of 787.13 feet to a point for corner;
THENCE departing said east line of said Tract 1, South 79°34'32" West, a distance of 126.06 feet to the POINT OF
BEGINNING;
THENCE the following courses and distances:
South 79°34'32"West, a distance of 220.00 feet to a point for corner;
North 10 025'28"West, a distance of 850.00 feet to a point for corner;
North 79°34'32" East, a distance of 220.00 feet to a point for corner;
South 10°25'28" East, a distance of 850.00 feet to the POINT OF BEGINNING and containing 4.293 acres or
187,000 square feet of land.
All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202),
North American Datum of 1983.
EXHIBIT A
NORTH POND
ALEXANDER McDONALD SURVEY
baF T ABSTRACT NO. 786 &
�,� .• GiST q� E.B. PETER SURVEY, ABSTRACT NO. 1626
CITY OF FORT WORTH
DANA BROWN .';• • DENTON COUNTY, TEXAS
REGISTERED PROFESSIONAL D N BR WN�
LAND SURVEYOR NO. 5336 ��� Kimley-Horn
12750 MERIT DRIVE, SUITE 1000 0 33
P: and Associates, Inc.
DALLAS, TEXAS 75251 q' �F 5��� 'o� U 12750 Merit Drive,Suite 1000 Tel.No.(972)770-1300
v�y �{� Dallas,Texas 75251 Fax No.(972)239-3820
PH. 972-770-1300
.S•U R J \ Sr le Drawn by Checked by Date Project No. Sheet No.
dana.brown @kimley-horn.com N/A SLJ DAB MARCH 2014 1 064464600 1OF2
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TAXowNY H N
PARCEL N0' TH
CITY OF FORT G*13 /
,40L.2931,
PG. _
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5/8"IRF W ��� E
SET N79°34'32"E
® 25 g"' )054373 220.00'
INST•140
D.R.00T. S
5/8"IRFC 0.5' 0 100 200
1 "CARTER
BURGESS"
1 C:- GRAPHIC SCALE IN FEET
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N NORTH POND LEGEND
P.O.B.=POINT OF BEGINNING
N 4.293 ACRES P.O.C.=POINT OF COMMENCING
1 IRFC =IRON ROD WITH CAP
N 187,000 SQ. FT. D.R.D.C.T.N DEED RECORDS,
Z N DENTON COUNTY,TEXAS
o
N ct REMAINDER
N M ALLIANCE AIRPORT LTD.
col OD VOL.2451,PG.412
o D.R.D.C.T.
' °o_ NAME CHANGED TO
0
ADL DEVELOPMENT,L.P.
VOL.4352,PG.91
D.R.D.C.T.
CA IRFC
" ALEXANDER McDONALD SURVEY
"CARTER
BURGESS" ABSTRACT NO.786
E.B.PETER SURVEY
' \\� ABSTRACT NO.1626
S79°34'32"W �
Ns " /
REMAINDER 220.00' S79°34'32"W \�47 /
CALLED 126.06' /% , *BURGE /
46FEDERAL ACRES O 5'PAVING SETBACK 8�7�. "EXPRESS VOL.3095,PG.242 CORPORATION D.R.D.C.T.VOL.4349,PG.1384 REMAINDER
D.R.D.C.T. "TRACT 1"FEDERAL EXPRESS ��CORPORATION P,O,C 0•VOL.4352,PG.99 D.R.D.C.T. �
NOTES �C
EXHIBIT A
All bearings shown are based on NORTH POND
grid north of the Texas Coordinate
System of 1983, North Central Zone ALEXANDER MCDONALD SURVEY
(4202), North American Datum of
1983. OF ABSTRACT NO. 786 &
GI TE E.B. PETER SURVEY, ABSTRACT NO. 1626
CITY OF FORT WORTH
DANA BROWN DENTON COUNTY, TEXAS
REGISTERED PROFESSIONAL A AB WN
LAND SURVEYOR NO. 5336 •• •••
,••• ••••• •• •• ••• ��� Kimley-Horn
12750 MERIT DRIVE, SUITE 1000 53 6 Pte,:: and Associates, Inc.
DALLAS, TEXAS 75251 �q F •g g\c�'p� 12750 Merit Drive,Suite 1000 Tel.No.(972)770-1300
PH. 972-770-1300 •R• "�y \ Dallas,Texas 75251 Fax No.(972)239-3820
S U v 1.,A Scale Drawn by Checked by Date Project No. Sheet No.
dana.brown @kimley-horn.com 1'=200 SLJ DAB MARCH 2014 064464600 20F2
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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 25%. 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 3 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 and shall remain in place after final acceptance of the facility.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 3 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
Rev.09/10/2012
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
pond
Amount of ponded
water
Location of Erosion
Condition of trash
guard
MAJOR
INSPECTIONS
Condition of Pond
Outfall Structure
Condition of
Spillway
Condition of Pilot
Channel
Condition of inflow
pipes & headwalls
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev.09/10/2012