HomeMy WebLinkAboutContract 46880 CO 1 89101,
7 2615 CITY SECRETA W
TUU 2 �tTRACT NO,
CIT'{OF FORT w�RTH
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STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of so ,
Xo1S' , by and between CentrePort Business Park, LLC, acting by and through
CentrePort TRS Venture, 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 1.737 acre tract located in the Vincent J. Hutton Survey, Abstract 681,
Tarrant County, Texas according to the deed recorded in Volume 2008, Page 243;
and Volume 2037, Page 567, 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 Water, Sewer, Paving, Drainage
and Street Lighting to Serve FAA Boulevard and CentrePort Drive 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
OFFICIAL RECORD
STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1
Rev.09/10/2012 FT OWN, TX
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 "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
Rev.09/10/2012
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 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 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.09/10/2012
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 qday of 2015.
Landowner City of Fort Worth
'Carry Blair �•J�/ Fernando Costtaaral►----'
Vice President Assistant City Manager
Approved as to Form and Legality
Assistant City torney � T �
�0 �RATTEST
�O
•• °70
3'�
t ° City ecr a
X
AS
NO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
STORM WATER FACILITY MAINTENANCE AGREEMENT 5
Rev.09/10/2012
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 3; �)�� by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth.
m
LINDA M.HIRRLINGER 1
MY COMMISSION
EXPIRES Notary Public, State of Texas
February 2 2018
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared Larry Blair, Vice
President, 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 Manager, and that he executed the same as its Land
Owner and as the act of such Manager and for the purposes and consideration expressed in the
foregoing instrument.
i f
Notary ublic tat of Texas
KAROLINA AZIEWICZ
NOTARY KKK STATE OF TEXAS
1��' COMMON E%MREB:
''�pFt�+ 7-18-20'15
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.09/10/2012
EXHIBIT "A"
Exhibit and Legal Description of Pond
Final Plat
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012
_____
PAGE 1 OF 3
DRILL SITE Al
INST. N0. 0207309359
C.C.R.T.C.T.
CITY OF FORT WORTH I-
VOL. 200B. PG. 243 &
VOL. 2037, PG. 567
D.R.T.C.T.
N57'33'20"E S77'26'40"E
136.00' 14' 14
532'26'40"E
N12'33'20'E 100.39'
14. 13' CITY OF FORT WORTH
VOL. 2006. PG. 243 &
9 VOL. 2037, PG. 567
D.R.T.C.T_
¢� D 75,677 S.F. A= 1 B'14'36"
_' pgOP N�9.�e" 4��,Cs I.7ar Ac. R=1231.00'
ga
N32'26'40"W L=391.96'
¢ �,�e��GP. ° A� 61 100.39' S23'19'22"E
F
Lc=390.30'
A= 18'07'36" N58'43'21"W S31 '19'09"W
R=1075.00' 14.22' 0 14.07'
POINT OF T=171.4B' F-
COMMENCING L=340. 10' DRILL
SITE 2
FNp S/e"IR 3ACRES
N232252W 136.00
INST. NO. D207309359
Lc=33B.6B' a a= C.C.R.T.C.T.
a�
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a
CITY OF FORT WORTH q¢ a
VOL. 2008, PG. 243 & 01 a
VOL. 2037, PG. 567
D.R.T.C.T, 13
O
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CITY OFFORT WORTH
VVOL.OL 22 37,PP6.2567,13 6
D.R.T.C.T.
i
CD
BASIS OF BEARING IS CITY OF FORT WORTH GPS v
MONUMENTATION BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM (SURFACE). Oho 10, UpQ^
SD��P s+D�.P p M? 'pp'< mQl+'Oti
C� Q'
LOT 1, BLOCK 107
CABINETA, SLIDE 11474 Nm co
P.R.T.C.T. �2
EXHIBIT A
BEING A
n 75,677 SQ.FT/1.737 ACRE
SCALE: i"=300' SITUATED IN THE
VINCENT J. HUTTON SURVEY,
ABSTRACT NO. 681,
Graham Associates,lnc. TARRANT COUNTY, TEXAS
. CONSULTING ENGINEERS & PLANNERS
, SU•ITE 500
A eooSIXFLAG7SDRIVEU.
7BPE FOW. F-1li1/TBPLS rRU. 70153E
—00 JANUARY 2015
Page 2 of 3
EXHIBIT A
METES AND BOUNDS DESCRIPTION
1.737 ACRES
VINCENT J. HUTTON SURVEY, ABSTRACT NO. 681
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 1.737 acre tract of land situated in the Vincent J. Hutton Survey, Abstract No. 681,
Tarrant County, Texas, being a portion of a tract of land conveyed by deed to City of Fort Worth as
recorded in Volume 2008, Page 243 and Volume 2037, Page 567, Deed Records, Tarrant County,
Texas. Said 1.737 acre tract of land being more particularly described by metes and bounds as
follows:
COMMENCING at a found 5/8 inch iron rod for the southwest corner of Centreport TRS Venture,
Inc., as recorded in Instrument No. D214199734, County Clerk Records, Tarrant County, Texas,
and being in the existing east right-of-way line of State Highway 360 (having a variable width
R.O.W.);
THENCE North 67°01'04" East, leaving said existing east right-of-way line, a distance of 1148.61
feet to a point for the POINT OF BEGINNING, said point being in the proposed east right-of-way
line of the southbound lane of Centreport Drive (having a variable width R.O.W.), and being the
most southerly point of a corner-clip at the intersection of said proposed Centreport Drive and
FAA Boulevard (having a variable width R.O.W.);
THENCE North 12033'20" East, leaving said proposed east right-of-way line, and along said
corner-clip, a distance of 14.13 feet to a point for corner, said point being in the south right-of-way
line of said FAA Boulevard;
THENCE North 57033'20" East, along said proposed south right-of-way line, a distance of 136.00
feet to a point for corner, said point being the most westerly point of a corner-clip at the
intersection of said proposed FAA Boulevard and said proposed Centreport Drive;
THENCE South 77°26'40" East, leaving said proposed south right-of-way line, and along said
corner-clip, a distance of 14.14 feet to a point for corner, said point being in the proposed west
right-of-way line of the northbound lane of said Centreport Drive;
THENCE South 32°26'40" East, along said proposed west right-of-way line, a distance of 100.39
feet to a point for corner, for the beginning of a tangent curve to the right having a radius of
1231.00 feet, a central angle of 18014'36", and a long chord which bears South 23019,22" East,
390.30 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 391.96 feet to a point for corner, said point being the most northerly
point of a corner-clip;
Page 3 of')
THENCE South 31°19'09" West, leaving said proposed west right-of-way line, and along
said coiner-clip, a distance of 14.07 feet to a point for corner;
THENCE South 76°36'23" West, a distance of 136.00 feet to a point for coiner, said
point being the most southerly point of a coiner-clip;
THENCE North 58043'21" West, along said coiner-clip, a distance of 14.22 feet to a
point for corner, for the beginning of a non-tangent curve to the left having a radius of
1075.00 feet and a central angle of 18°07'36" and a long chord which bears North
23°22'52" West, 338.68 feet, said point being in the proposed east right-of-way line of
the southbound lane of said Centreport Drive;
THENCE along said proposed east right-of-way line, and along said non-tangent curve to
the left an are distance of 340.10 feet to a point for coiner;
THENCE North 32°26'40" West, continuing along said proposed east right-of-way line, a
distance of 100.39 feet to the POINT OF BEGINNING and CONTAINING 75,677
square feet, 1.737 acres of land, more or less.
OF l
M.L PETERSON
.........................
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Exhibit "B"
Excerpt from the Construction Plans for FAA Boulevard and Centreport Drive
Pertaining to the Drainage Facilities
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012
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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 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 from the ponds and
from the connecting drainage structures 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. Re-vegetation will be
performed when existing sod/grass deteriorates to the point that 30% or more of
the area is left unprotected.
Embankments forming the sides of the detention pond shall be repaired as
necessary to maintain proper operation of the basin.
Damaged or deteriorated structures, including the vertical pond walls and
drainage structures between the ponds will be repaired and/or replaced as
necessary to maintain proper operation of the basin.
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012
PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months and
after significant storm events (10-year rain event or greater).
• 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
\/ininfinnc Nnfori
MINOR INSPECTION DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
Condition of Pond
Amount of silt in pond
Amount of silt in flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of vegetation
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STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012
MAJOR REPAIRS REPAIRS
INSPECTIONS DATE REQUIRED MADE NOTES
Structure Condition
Culvert 1
(including headwalls
Structure Condition
Culvert 2
(including headwalls
Structure Condition
Culvert 3
(includingheadwalls
Structure Condition
Pond 2 West Wall
Structure Condition
Pond 2 East Wall
Structure Condition
Pond 3 Headwall
Southwest corner
Structure Condition
Pond 3 Headwall
Northwest Corner
Structure Condition
Pond 3 Headwall
East side
Condition of Rip-Rap
All Ponds
Berm or Embankment
Settlement
All Ponds
Location of erosion
All Ponds
Evidence of Animals
All Ponds
Evidence of Aquatic
life All Ponds
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012