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HomeMy WebLinkAboutContract 47223 e p DOE # STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of s 2015, by and between OLEANDER INVESTMENTS, LLC, acting by and through LANG PARTNERS, LLC, MANAGER, 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 0.009 ACRE (400 sq. ft. — East Tract Flume) tract located in the WILLIAM WELCH SURVEY, ABSTRACT 1644, Tarrant County, Texas according to the deed recorded in Instrument Nos. D214023218 and D214204585, 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-RI BLOCK 1 SEIDELLS SUBDIVISION OF BLOCK 12 FIELDS WELCH 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 Stormwater 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 Stormwater Management Facilities be constructed and maintained on a portion of the Property; and STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 12/29/2014 WHEREAS, the City requires that on-site Stormwater 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 Stormwater 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 Stormwater Facility includes all pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 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 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.12/29/2014 [SIGNATURE PAGE FOLLOWS] Executed this"day a 1/` Landowner City of Fort Worth OLEANDER INVESTMENTS, LLC BY: LANG PAR R .� L MANAGER Name: DIRIK OU T w Assistant City Manager Title: MANAGER Approved as to Form and Legality Assistant City"Attorney y" Mr Fr� �4Oro 1� ATTEST n r f � C7 rty S�Crq ry, ckera 6f' c STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 12/29/2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on L)L5 by T, C-Vmj' ,/ -V City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LINDA M.HIAHLINGM MY COMMIS SION EX IItit S Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this o4U day of 20/5- , personally appeared Dirik Oudt, Manager, 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 Lang Partners, LLC, Manager of Oleander Investments, LLC, and that he executed the same as its Manager and as the act of such Oleander Investments, LLC and for the purposes and consideration expressed in the foregoing instrument. 4v ftex LUP�rA A, RAWREZ blic, State o o4ryvu�fi Ap)rd 02, 2016 RA, STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12/29/2014 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.12/29/2014 4' UTILITY & DRAINAGE EASEMENT AND FACILITIES MAINTENANCE AGREEMENT AREA BLOCK 1 7 SEIDELS SUBDIVISION OF BLOCK 12, FIELD'S WELCH ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING 400 SQUARE FOOT (0.009 ACRE) TRACT OF LAND SITUATED IN BLOCK 1 OF SEIDELS SUBDIVISION OF BLOCK 12, FIELD'S WELCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-47, PAGES 149-150 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 12 OF SAID BLOCK 1, AND BEING A PORTION OF THE PROPERTY DESCRIBED IN DEED TO OLEANDER INVESTMENTS, LLC RECORDED UNDER INSTRUMENT NO. D214055956 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD SET FOR CORNER AT THE INTERSECTION OF SOUTH RIGHT—OF—WAY LINE OF WEST ROSEDALE STREET (VARIABLE WIDTH RIGHT—OF—WAY) AND THE WEST RIGHT—OF—WAY LINE OF FAIRMOUNT AVENUE (FORMERLY KING STREET) (CALLED 50' RIGHT—OF—WAY), SAID POINT BEING THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 00' 00' 10" WEST DEPARTING THE SOUTH LINE OF SAID WEST ROSEDALE STREET ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE FOR A DISTANCE OF 50.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 15 OF SAID BLOCK 1; THENCE NORTH 89' 56' 46" WEST ALONG THE SOUTH LINE OF SAID LOT 15 FOR A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF LOT 13—R OF SAID BLOCK 1; THENCE SOUTH 00' 00' 10" WEST CONTINUING ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE FOR A DISTANCE OF 100.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13—R; THENCE SOUTH 89' 56' 46" WEST ALONG WEST LINE OF SAID FAIRMOUNT AVENUE, AND THE NORTH LINE OF SAID LOT 12 FOR A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF LOT 12 OF SAID BLOCK 1; THENCE SOUTH 00' 00' 10" WEST ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE, AND THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE SOUTH 00' 00' 10" WEST CONTINUING ALONG THE WEST LINE OF SAID FAIRMOUNT AVENUE, AND THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF 4.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID LOT 12, SAME BEING THE NORTHEAST CORNER OF LOT 11 R, BLOCK 1 OF LOTS 9R AND 11 R, BLOCK 1 E.F. SEIDELL'S SUBDIVISION, AN ADDITION TO THE CITY OF FORT WORTH, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER INSTRUMENT NO. D21 1 1 56946 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE NORTH 89' 56' 46" EAST DEPARTING THE WEST LINE OF SAID FAIRMOUNT AVENUE ALONG THE COMMON LINE OF SAID LOT 12 AND 1 1 R FOR A DISTANCE OF 100.00 FEET TO A POINT FOR THE SOUTHWEST CORNER OF SAID LOT 12, SAID POINT BEING IN THE EAST LINE OF THE 12' ALLEY; THENCE NORTH 00' 00' 10" EAST ALONG THE WEST LINE OF SAID LOT 12, AND THE EAST LINE OF SAID 12' ALLEY FOR A DISTANCE OF 4.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 89' 56' 46" EAST DEPARTING THE EAST LINE OF SAID 12' ALLEY FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 400 SQUARE FEET (0.009 ACRE) OF LAND, MORE OR LESS. F ---- --- ---------- DAVID PETREE REGISTERED PROFESSIONAL "DA . VD ......... LAND SURVEYOR NO. 1890 — 8 •.• - 1 � 1.110 SHEET 1 OF 2 BLUE SKY SURVEYING 4' UTILITY & DRAINAGE EASEMENT AND &MAPPING,CORPORATION FACILITIES MAINTENANCE AGREEMENT AREA * * 11015 MIDWAY ROAD DALLAS,TEXAS 75229 LOT 12, BLOCK 1 PHONE:(214)358-4500 E.F. SEIDELS SUBDIVISION FAX:(214)358-4600 �GFy/NG BOO DRPETREE @BLUESKYSURVEYING.COM FORT WORTH, TARRANT COUNTY, TEXAS TBPLS REGISTRATION No.10105700 DATE: JULY 10,2015 SCALE: 1"=60' F:\ROSEDALEOLEANDER2015ESMT3 WEST ROSEDALE STREET (VARIABLE WIDTH RIGHT-OF-WAY) POINT OF COMMENCING 100.0' 59.8' A 12" 100.0' 518"S./.R. 50.4' 100' LOT 1-R BLOCK 1 LOT 15, BLOCK 1 y SEIDELLS SUBDIVISION OF BLOCK 12 E.F. SEIDELS SUBDMSION - FIELD'S WELCH ADDITION OF BLOCK 12 0, LOT 2 FIELDS WELCH ADDITION ° o LOT 15 V. 388-47, P. 749-750, P.R.T.C.T. m VOL 106, PG. 26, P.R.T.C.T. °n oo a OLEANDER INVESTMENTS, LLC OLEANDER INVESTMENTS, LLC O� INST. NO. D214023218, INST. NO. D214204585, g O.P.R.T.C.T. O.P.R.T.C.T. y 1000' 100.23' ' 90.0' 100.0 00.0' N 895646'W 10.00' i Q LOT 14 LOT 13-R, BLOCK 1 p Q SEIDELLS SUBDMSION $ J OF BLOCK 12 LOT 4-R, BLOCK 1 -� FIELD'S WELCH ADDITION SEIDELLS SUBDIVISION OF BLOCK 12 Q ° V.388-47, P.149-150, P.R.T.C.T. 3 OLEANDER INVESTMENTS, LLC , 100.0' FIELD'S WELCH ADDITION INST. NO. 0214023218, o 2 V. 388-47, P. 149-150, P.R.T.C.T. O.P.R.T.C.T. 2 OLEANDER INVESTMENTS, LLC p w INST. NO. D214023218, g L07 t3 O.P.R.T.C.T. ° O i y I 1n LOT 12, BLOCK 1 1 0 _ S 8936'46'E E.F. SEIDELS SUBDMSION r OF BLOCK 12 90.0' 10.00' Q FIELDS WELCH ADDITION ioo.o' Q 100.0' VOL 106, PG. 26, P.R.T.C.T. 400 S.F. (0.009 AC.) 3 U p LL OLEANDER INVESTMENTS, LLC 4' UTILITY & DRAINAGES *6. LOT 12,BLOCK 1 ci O INST. NO. D214055956 EASEMENT & o J.N.BROOKERS SUBDMSION I O.P.R.T.C.T. a OF BLOCK 11 ° F- a FACILITIES MAINTENANCE o $,,o FIELDS WELCH ADDITION I _ AGREEMENT AREA °� 8tl VOL.204,PG.38 DRTCT W N 00•pa;0 E 6" LL 89'5646 E-100.00 POINT OF BEGINNING N` 4.00 o 100.o' 100.0' O LOT 6, BLOCK 1 16.0' 96.0' m g E.F. SEIDELS SUBDIVISION 1 N 89'56'46" W S 0000 �a W J OF BLOCK 12 1 100.00' 4,00 J FIELDS WELCH ADDITION of LOT 11 R, BLOCK 1 o I LOT n Q VOL. 106, PG. 26, P.R.T.C.T. hl LOTS 9R AND 11R, BLOCK 1 ,°� LOT 3R OLEANDER INVESTMENTS, LLC j E.F. SEIDELL'S SUBDIVISION BLOCK 4 INST. NO, D214055956, 1 INST. NO. D211156946, E.F.SEIDELS SUBDMSION O.P.R.T.C.T. I O.P.R.T.C.T. CABINET A.SLIDE 4719 1 MARDACKBEN GROUP LP i 100.69' 100.0' LOT 7, BLOCK 1 i 96.0' 95• E.F. SEIDELS SUBDIVISION �, 1 OF BLOCK 12 FIELDS WELCH ADDITION < I LOT 10 VOL. 106, PG. 26, P.R.T.C.T. ;o Ism OLEANDER INVESTMENTS, LLC Iwm LOT INST. NO. D214015976, iw� LOT 11 R. BLOCK 1 BLOCK O.P.R.T.C.T. t�"C BLOCK 4 1000, 01�o LOTS 9R AND 1 SUBDIVISION BLOCK 1 'o° SEIDELLS FIELD WELCH ADDITION 12 gl� E.F. SEIDELL'S SUBDMSION a INST. NO.D207434397 ISo INST. NO. D211156946, 100.0' z P.R.T.C.T. � LOT 8, BLOCK 1 I> O.P.R.T.C.T. I E.F. SEIDELS SUBDIVISION OF BLOCK 12 MARDACKBEN GROUP LP j FIELDS WELCH ADDITION �'✓ 54.1' LOT s VOL 106, PG. 26, P.R.T.C.T. 5a.1 MARDACKBEN GROUP LP INST. NO. D209169696, 1 5'UTILRY FASEMEPTT UIILJIY EASEMENT O.P.R.T.C.T. 1 A i R INST. NO.D207434397 _INST_NO.D211156946----- v 100.0' 90.0 �- N 8956.46'W- 76.0' k1 '�y. 85' _____EST OLEANDER STREET OLEANDI STREET _____-__ _._______________._ _____._______---____ _ -? ORDINANCE NO.9221 (CALLED 26' RIGHT-OF-WAY) RETUNED AS EASEMENT FOR EXISTING UTILITIES OF MAP TO ACCOMPANY A, r METES AND BOUNDS DESCRIPTION Oil ;t _'_--DATE: ° =_ 0 30' 60' 120' _, ID PET' DAVID PECREE "" - REGISTERED PROFESSIONAL °'• 1 LAND SURVEYOR NO, 1890 GRAPHIC SCALE: I "=60 +19-( SHEET 2 OF 2 BLUE SKY SURVEYING 4' UTILITY & DRAINAGE EASEMENT AND &MAPPING,CORPORATION FACILITIES MAINTENANCE AGREEMENT AREA 11015 MIDWAY ROAD * DALLAS,TEXAS 75229 LOT 12, BLOCK 1 %%' 'r�% � PHONE:(214)356-4500 E.F. SEIDELS SUBDIVISION FAX:(214)358-4600 `EYING&MP DRPETREE @BLUESKYSURVEYING.COM FORT WORTH, TARRANT COUNTY, TEXAS TBPLS REGISTRATION No.10105700 DATE: JULY 10,2015 SCALE: V=60' F:\ROSEDALEOLEANDER2015ESMT3 3 2' PLANTING VARIES 1.5' FACE OF BOLDING -------------------------------------------------- 6 F 6" 32.17 VARIABLE HT wu y SWALE @ 0.67. T,_MATCH Q PP ( EXIST GROUND L OHL x UGT w 633.0 w w w N DETAIL B w w — - - - - - - - - - ' I CJ o —o p� N.T.S. NO CURB AT THIS SIDE.W. I Q1oo=1 .14cfs d = 0.30' ( - S =0.40% W W I V =2.6fps W m Q,.,.=2.4cfs �, W �D } I W W a, 1 BUILDING II w v I CONCRETE DRAINAGE I FLUME IN EASEMEN# SEE DETAIL B (THISII SHEET) LOT 1 1 R ° AT 0.4Z SLOPE I I X x L4/x w - 1 m m 33.00 33.00 _4 w w w 14 N w V o N l / 0 0 ID lf�l nr 31.30 30.80 x x m w 00 — w 31.75G — - - - - - - - - - — — Tco GT T UGT UGT UGT 31.52 0 c� 0 631.57 LP � G m 633.06 TC` L,632,39 T 631.93.TC 630,30" 632.53 G. 631,76 6 631.24 6 2 N x FAIRMOU T AVENU J - - - EX ASPH PVMT W CONC C&G o d' O cD O c� - STORMWATER FACILITY z MAINTENANCE AGREEMENT of LOT 3R, BLOCK 4 EXHIBIT B ((o E.F. SEIDELS SUBDIVISION THE CITY OF FORT WORTH, TEXAS ° CAB A, SL 4719 0 10' 20' 40' r / CATES-CLARK 1 972.oomn-912 n,n...T�.�nua PRTCT Offia:9]3- H E]F-3519]2b16n c� DESIGN DRAWN DATE SCALE NOTES FILE N0. 1 "=20' CCA CCA 08/25/15 064-004 1 Q' Exhibit "C" CITY OF FORT WORTH STORMWATER 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. Silt shall be completely removed from the concrete flume structure. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. 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. 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.12/29/2014 Exhibit "D" Stormwater 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 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.12/29/2014 Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.12/29/2014