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HomeMy WebLinkAboutContract 46502 CITY SECRETAk,;IC RACT NO. DOE # 5804-31 STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between Centergy West 7th, LP. 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 1.863 acre tract located in the William Bussell Survey, Abstract 151, Tarrant County, Texas according to the deed recorded in Instrument No. D213045834, Tract 28, 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 Evans-Pearson Westwood 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 m C__) m m 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 a o that on-site Storm Water Management Facilities be constructed and maintained on a Co C= 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 OFFICIAL RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 RER E C E I V E D MAR 0 9 1015 CITY SECTARY FT. WORTH, TX 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. 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 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, 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.09/10/2012 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 FACILITITY 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 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, 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 PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09/10/2012 Executed this 3 day of alclol� 20Y Landowner City of Fort Worth Centergy West 7th, LPCL a Texas limited partnership Fernando Costa Assistant City Manager By: Centergy West 7th, GP, LLC a Texas limited liability company Approved as to Form and Legality its general partner By: Assistan rty Attorney6"a", West Miller President ®� ATTEST Qom°° °°°°°�ID �8 OV 0 (�$ 8 ml ity Secreta 00000000 FXAS NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY IM 'WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on k4l k-o,/ 1J- by Fernando Costa, Assistant City Manager of the City of Fort `Forth, on behalf of the City of Fort Worth. i 1111111/ r;�;>�;•. TRIKINYA L. JOHNSON Notary Public,State Of Texas »r My Commission Expires Notary Public, tak of T,� s April 17, 2016 aNnnnlN STATE OF TEXAS § COUNTY OF TARRANT § Before ite, the undersigned authority on this day of 20A personally appeared Wc,4 � 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 Qenktc WQ&k-7*�-L.P Cu 7^C-ti4 u-G and that he executed the same as its and as the act tof such �Awek and for the purposes and consideration expressed in the foregoing instrument. yq�rpr p SAMANTHA NEIMER My Commission Expires August 22,2018 Njotary Public, State of Texas STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.09/10/2012 BURY EXHIBIT"A" STORM WATER FACILITY LOT 6R, BLOCK 12 EVANS-PEARSON WESTWOOD ADDITION BEING A 1.004 ACRE TRACT OF LAND LOCATED IN THE WILLIAM BUSSELL SURVEY, ABSTRACT NO. 151, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 6R, BLOCK 12, EVANS-PEARSON WESTWOOD ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO. D213020906, OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.), CORRECTED IN DOCUMENT NO. 2130402277, O.P.R.T.C.T., AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESIGNATED AS "TRACT 28" AS DESCRIBED TO CENTERGY WEST 7TH, LP IN THE SPECIAL WARRANTY DEED RECORDED IN DOCUMENT NO. D213045834, O.P.R.T.C.T., SAID 1.004 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2-INCH IRON ROD WITH CAP STAMPED "BRITTAIN CRAWFORD" FOUND FOR THE PROJECTED INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF DAKOTA STREET, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY), WITH THE EAST RIGHT-OF-WAY LINE OF HARROLD STREET, (F.K.A. SECOND STREET, A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE NORTH 00010'57" EAST ALONG THE PROJECTED EAST RIGHT-OF-WAY LINE OF SAID HARROLD STREET, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, BEING THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 6R, BLOCK 12, SAME BEING THE NORTH END OF A 10-FOOT BY 10-FOOT RIGHT-OF-WAY DEDICATION AS SHOWN ON SAID EVANS-PEARSON WESTWOOD ADDITION RECORDED IN DOCUMENT NO. D213020906, O.P.R.T.C.T.; THENCE NORTH 00010'57" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF SAID HARROLD STREET, A DISTANCE OF 370.77 FEET TO A POINT FOR CORNER; THENCE OVER AND ACROSS SAID LOT 6R, BLOCK 12, THE FOLLOWING: SOUTH 89°49'03" EAST, A DISTANCE OF 115.00 FEET TO A POINT FOR CORNER; SOUTH 00°10'57"WEST, A DISTANCE OF 381.00 FEET TO A POINT FOR CORNER IN THE NORTH RIGHT-OF-WAY LINE OF SAID DAKOTA STREET AND FROM WHICH A 1/2-INCH IRON ROD WITH CAP STAMPED "BRITTAIN CRAWFORD" FOUND FOR THE PROJECTED INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID DAKOTA STREET, WITH THE WEST RIGHT-OF-WAY LINE OF GREENLEAF STREET, (A VARIABLE WIDTH RIGHT-OF-WAY), BEARS SOUTH 89°42'10" EAST, A DISTANCE OF 135.00 FEET; NORTH 89°42'10"WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID DAKOTA STREET, A DISTANCE OF 105.00 FEET TO THE SOUTH END OF SAID 10-FOOT BY 10-FOOT RIGHT-OF-WAY DEDICATION AT THE NORTHEAST INTERSECTION OF SAID HARROLD STREET AND DAKOTA STREET; SASUR\0104157 Centergy\30005 7th Street\EXHIBITS\0104157-05-STM-WTR-DET-FAC.doc Pae 1 of 3 BURY EXHIBIT"A" STORM WATER FACILITY LOT 6R, BLOCK 12 EVANS-PEARSON WESTWOOD ADDITION THENCE NORTH 44945'36" WEST ALONG SAID RIGHT-OF-WAY DEDICATION, A DISTANCE OF 14.16 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 43,752 SQUARE FEET OR 1.004 ACRES OF LAND. NOTES: BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM (NORTH CENTRAL ZONE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS SMARTNET, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.999880014058. A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. OF IF Q• F .. •... D V► . D so •• A";�SS1��P�rf �A�rr` r•�5����f SASUM0104157 Centergy130005 7th StreetlEXHIBITS\0104157-05-STM-WTR-DET-FAC.doc Page 2 of 3 L3 ` LOT 3R, BLOCK 12 \ ; Q LOT 4R, BLOCK 12 f.. a a EVANS-PEARSON WESTWOOD CrA ADDITION 4, m DOC. NO. D213020906. O.P.R.T.C.T ` a a AS CORRECTED IN W FE DOC. NO. 0213040277, O.P.R.T.C.T tZ n F= 3�06 0 \ Q 1~ = 60' \ LOT 5R, BLOCK 12 S~ � 3 1 ~ w LOT 6R, BLOCK 12 • LEGEND W TU r EVANS-PEARSON & a WESTWOOD ADDITION IRF IRON ROO FOUND N o v DOC. NO. D213020906 OPRTCT OFFICIAL PUBLIC RECORDS - O.P.R.T.C.T TARRANT COUNTY, TEXAS a AS CORRECTED IN DRTCT DEED RECORDS TARRANT a+ DOC_ NO. D213040277, COUNTY, TEXAS c o A, O.P.R.T.C.T PRTCT PLAT RECORDS TARRANT CC 'd n°1� CENTERGY WEST 7TH. LP VOL VOLUMCOUNTYE TEXAS _ STORM WATER "TRACT 28" PG. PAGE DOC. NO. 0213045834 DOC NO. DOCUMENT NUMBER > 1.004 ACRES O.P.R.T.C.T. SO. FT. SQUARE FEET 43,752 SQUARE FEET MONUMENT p� T p BEGINNING POC POINT OF COMMENCING R.O.W. RIGHT-OF-WAY LINE TABLE LINE BEARING DISTANCE L1 NOO'10'57"E 10.00' L2 NOO'10'57"E 370.77' PM \ L3 S89'49'03"E 115.00' pk L4 SOO'10'57"W 381.00' � LS S 8442.10" E 135.00 L5 N89'42'10"W 105.00'S N!Y'42"10 E 1/Y CRF(CM) 1 DAKOTA STREET 'BwT1AIN OtAW VW 1n' N;�IF(�M) L6 N44 45 36"W 14.16' �IOTTAIN Imoom. (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) VOL 310, PG. 18, P.R.T.C.T. NOTES: A FIELD NOTE DESCRIPTION WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS SKETCH, ry BEARINGS SHOWN HEREON ARE REFERENCED TO THE �Q •_. Tr'1 TEXAS STATE PLANE COORDINATE SYSTEM (NORTH cbp��•• s1 CENTRAL ZONE, NAD 83) BASED ON LEICA •C GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK. .. .. ........... . . :. DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.994880014058AV D J 0 BURYEXHIBIT 'A' � •�. ::51:;?�� 5310 ftv"NI9 POK 9Wb 100 STORM WATER FACILITY DOW Tom 75230 TN(9721 N1-W11 Fm WM 991-0270 (r TW"Rg' dm#Aw8r10107 M WILLIAM BUSSELL SURVEY, ABSTRACT NO. 151, CoWrW02015 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. BURY-DFW, INC. DATE:02/10/15 1SCALE: 1" - 60' DRANMsy: RDR IPROJECT No R0104157-30005 SHEET: 3 OF 3 t\0104157 CENTERG 30005 71H STREE EXHIBITS 4157-05-STM-WTR-DET-FAC-EXH.DWG II e��. I I '� -- -•J"+�-- ----1i I .S R�`�e��� 92�p �xcc -�33t"-vH8WR93N — 11 sli. I R �I I a• i i I IIJ �J 3*1A I _ � I I I I r 4g m mrl Mau,a. 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O OF BURY .::.................•..., EXHIBIT"B" � e. McMALUAtaS, JR:...� LEFT BANK VALLEY STORAGE 52565 51101 A-9 11A R.w ade-ao 7N(972)9Y1 0011 Yaa(9/:19P1-07_7tl II I CIE N S`O''* �/ ` TSPE 4F-040 79PLS 0r-HrU;yu CENTERGY RETAIL, LLC Cn7r•gm 0 20 15 DATE: 2015.02-11 1 SCALE: 1-=W DRAWN BYGEO PROJECT NUMBER:) 104157-30004 /SHEET: 1 OF 1 rein i,i•acaM.nn i:,,:".0.4 .-a t..—AM) xQlm— '•a i.,jW—�vend Ia:w'M' 545 545 I I EXISTING GROUND ., I i 540 540 J 535 ( 535 PROP. VALLEY VALLEY STORAGE STORAGE CUT MATERIAL 530 ' 530 0 100 SECTION A-A 545 545 EXISTING GROUND 540 540 J 535 _ t 535 PROP. VALLEY STORAGE VALLEY STOR�G CUT MATERIAPI 1 530 .1�. 530 0 100 SECTION B-B SU 100 1L .4.. ......... .. ....� B.�McWILLI AMS,�JR. BURY EXHIBIT 1,8" i���������•52565......... LEFT BANK VALLEY STORAGE 0 55 w fig—1 M01 RpA,Sr.lu 100 I p�F p E N S�-Oo Odl..,1"..s 752.10 1 • .... . TAPENV 00 r��sr�010M2 CENTERGY RETAIL, LLC 1'\ONAL EN CopyrIJVC 2015 •�/` DATE: 02-11-15 SCALE: 7.=50' DRAWN BY: RGH PROJECT NUMBER: 104157-30004 SHEET: 2 OF 3 F'.01M 111+1r100.fi.+M1M..t1�1-hrl ri+.I1+tClOf1+E,R41,•101�.1Z>pdil Swrin+.Fw�ti1�VIMI5IM OE~1011 —d&WUy7N..nur Fall 193UPY .II / ,- a/" }/�✓ �7 /'/l/ // gi Ln o Ln oLO % • ••o,.ti OF <•(0 N: •� Z' <� o ,oi '3:N w:o, / ;to Q. 00 OA- 49 :• - _ 4 LL) NNV 1 1. Q ON LL) Q W W M Q >0 > U U Q 00 U MU Z g 0 en U " g J w ° J o U) = r D �° � z �- J w W 6 60 t7 O X > C9 F= W Z H m Z W O LA. V 4. a J � a `O o Ln N II + `+ CD A� LL d � CD CD Cf)M Ln Ln Ln la'� 27177 9 A7 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 1S 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 8 Rev.09/10/2012 INSPECTION CHECKLIST FOR VALLEY STORAGE FACILITY NAME: LEFT BANK FACILITY AGREEMENT NUMBER: BASIN NUMBER: 1 INSPECTED BY: DATE: TYPE OF INSPECTION:ANNUAL_,QUARTERLY_,MONTHLYX,ROUTINE_,OR STORM EVENT (#OF DAYS SINCE EVENT-. BASIN CONDITIONS: 1. IS THERE STANDING WATER OR WET SPOTS?YES_ NO_ COMMENTS 2. DOES SIDES OR BOTTOM SHOW SIGNS OF EROSION,SETTLING,CRACKING,ETC.?YES_ NO COA+N�iTS 3. IS THERE EVIDENCE OF CHANGES IN THE SHAPE OR VOLUME OF BASIN?YES_ NO_ COMMENTS 4. DO VEGETATED AREAS NEED MOWING?YES NO COMMENTS - 5. ARE THERE TREES OR WOODY GROWTH IN STORAGE AREA?YES NO_ COMMENTS 6. ARE THERE AREAS THAT NEED TO BE RE-VEGETATED?YES_NO_ COMMENTS 7. IS THERE ANY ACCUMULATION OF SILT,TRASH,DEBRIS,OR LITTER IN THE BASIN? YES,_ NO_ COMMENTS 8. ARE THERE ANY BASIN MAINTENANCE ACTIVITIES NEEDED?YES NO COMMENTS e STRUCTURAL COMPONENTS: 1„ IS OUTLET STRUCTURE FREE OF OBSTRUCTIONS?YES_ NO_ COMMENTS 2. IS OUTLET STRUCTURE IN NEED OF REPAIR?YES_ NO_ COMMENTS 3. ARE THERE ANY STRUCTURAL MAINTENANCE ACTIVITIES NEEDED?YES_ NO_ COMMENTS PLAN FOR CORRECTING DEFICIENCIES: SIGNATURE: OWNER'S REPRESENTATIVE DATE: BURY EXHIBIT"D" LEFT BANK VALLEY STORAGE 5310 Flarvast Hill Road.Suite 100 Dallas.Taxa 75230 Tel(972)991-0011 Fax(972)NI-OM TSPE 9F-10"TBPLS M F-10107502 CENTERGY RETAIL, LLC CopyngM O 2015 DATE: 02-11-15 1 SCALE: NW DRAWN BY: RGH PROJECT NUMBER: 104157-30004 Fnlalannowinn�a�,aeFanwawrwoaerwr2oi4ua�,as.rx>.EmwwlalsorMroid.a �aaryr,..,o,rsttur.9tmM