HomeMy WebLinkAboutContract 52734 CITY SECRETARY ;
CONTRACT NO.
DOE #
198P_/,F
620, STORMWATER FACILITY
�rJ3-s���Ty�o9T9 MAINTENANCE AGREEMENT
FTq�,y H
THIS AGREEMENT, made and entered into this 3 day of ls=, tmbe►l ,
2019, by and between AIL Investment, L.P., a Texas limited partnership, 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 on
Exhibit A-1, hereinafter called the "Property".
WHEREAS, the Landowner has built on and developed the Property according to
the Site Plan/Subdivision Plan known as "Monterra Retail (SWM-2019-0223)" hereinafter
called the "Plan", which is expressly made a part hereof, as approved or to be approved by
the City and which plan provides for management of stormwater within 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
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-2" ("Facility
Property"); and
OFFICIAL RECORD
CITY SECRETARY'
Monterra Detention Pond FT. WORTH, TX
Rev.07/16/19
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 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 Facility includes all pipes, channels or other conveyances built to convey
storm water to and through the Facility, as well as all structures, improvements,
and vegetation provided to control the quantity of the storm water. Adequate
maintenance is herein defined as good working condition so that the Facility is
performing its design function. 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 Components of the Facility, if any, 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 for the
purpose of inspecting 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 acceptable to the City, the City shall
Monterra Detention Pond 2
Rev.07116/19
provide written notice to Landowner, its successors and assigns, describing
with reasonable specificity the needed repairs or maintenance. Landowner, its
successors and assigns shall have a period of 30 days to complete such repairs
or maintenance (or if such repairs or maintenance cannot reasonably be
completed within 30 days, Landowner, its successors and assigns shall
commence such repairs or maintenance and shall have such time thereafter as
reasonably necessary, using reasonable diligence, to complete such repairs or
maintenance). If Landowner, its successors and assigns fail to complete such
repairs or maintenance within the time set forth in the immediately preceding
sentence, the City, its authorized agents and employees, may enter upon the
Facility Property and take whatever steps reasonably necessary to correct
deficiencies identified in the inspection report and to charge the reasonable
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.
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 on the Facility 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 reasonable 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 may impress a lien for the costs of such
work upon the Facility Property. Such lien shall be perfected by filing in the
office of the County Clerk of Denton County, Texas an affidavit identifying the
Facility Property, stating the amount owing, 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
Monterra Detention Pond 3
Rev.07/16/19
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES
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 FACILITY; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) SLOPE FAILURE OF THE BANKS OF THE
FACILITY, OR (3) FAILURE OF THE FACILITY 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 to comply with the provisions of that certain
City of Fort Worth Permanent Drainage Easement as recorded in document
number D219048894 of the County Records of Denton County, Texas, for so
long as the Landowner owns the property subject to such easement.
8. This Agreement shall be recorded among the land records of Denton County,
Texas, and shall constitute a covenant running with the Property, and shall be
binding on the Landowner, its successors and assigns, including any property
owner's association. Notwithstanding anything to the contrary contained in this
Agreement, neither Landowner nor any future owner of all or any portion of
the Property shall be liable under any indemnification or other obligations
under this Agreement with respect to claims, losses, damages, events or
occurrences other than those arising during or relating to the respective period
of such Landowner's or future owner's ownership of the Property.
Monterra Detention Pond 4
Rev.07/16/19
Executed this=day of }QIYIbe' 20 M.
AIL Investment, L.P.,
a Texas limited partnership
By: AIL GP, LLC,
a Texas limited liability company,
its general partn r
i
By:
L. sse a
V v Executive ice iPresident
City of Fort Worth
q&441
Dic V c�
Assistant City nage
Approved as to Form and Legality
�I `I A
ssisiant City Atto ey
ST C%
Itity Secretary
F
ORD
ARY
TX
Monterra Detention Pond J
Rev.07/16/19
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on
-^ It Assistant City Manager of the City of Fort Worth, n behalf of the City of
Fort Worth.
MARIA SANGHEZ
My Notary ID#2256490
'•,;,F aF,E*��` Expires December 19,2021
No ry Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me o , 2019, by L.
Russell Laughlin, Executive Vice President of AIL GP,ALL �, a Texas limited liability
company, on behalf of said limited liability company, in its capacity as general partner of
AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership.
otary Publi , State of Texas
Y Stacy A Plunk
My Commission Expres
°t w o3108=22
ID No.12561143,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Monterra Detention Pond
Rev.07/16/19
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all perform an e and reporting requirements.
Ashraf Ibrahim
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
EXHIBIT "A-1"
INSERT LEGAL DESCRIPTION
Monterra Detention Pond ]
Rev.07/16/19
Description of
3.047 Acres of Land
BEING a tract of land situated in the William McCowen Survey, Abstract Number 999, Tarrant
County, Texas and being a portion of those tracts of land described by deed to AIL Investment,
LP. (tract 1), recorded in Instrument Number D211298925, and D218253851,both of County
Records, Tarrant County, Texas, also known as Lot 2, Block 2, Monterra By Hillwood, an
addition to the City of Fort Worth, according the plat recorded in Instrument Number
D218009880, County Records, Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Carter& Burgess" found, at the
northwest corner of said AIL Investment tract, recorded in Instrument Number D218253851,
also being in the south right-of-way line of North Tarrant Parkway(a variable width right-of-
way), being the northeast corner of Lot 1, Block 2, Monterra By Hillwood, an addition to the
City of Fort Worth, recorded in Instrument Number D207084741, said County Records, and
being the beginning of a curve to the left;
THENCE with said curve to the left, an are distance of 194.22 feet,through a central angle of
10'32'52", having a radius of 1055.00 feet, the long chord which bears S 85°17'24"E, 193.95
feet, to a 5/8 inch iron rod with plastic cap stamped "Jacobs" found;
THENCE N 89021'08"E, 225.29 feet, continuing with said south right-of-way line;
THENCE S 00036'08"E, 313.27 feet, departing said south right-of-way line, to the north line of
Lot 3, Block 2, Monterra by Hillwood, an addition to the City of Fort Worth, recorded in
Instrument Number D218009880, County Records, Tarrant County, Texas;
THENCE S 8903 8'17W, 421.46 feet, with said north line, to a 5/8 inch iron rod with plastic
cap stamped "Peloton" found, at the southwest corner of the aforementioned AIL Investment
tract, recorded in Instrument Number D218253851, said County Records;
THENCE N 00032'27"W, 314.63 feet, with the west line of said AIL Investment tract;
THENCE N 09053'01"E, 14.89 feet to the Point of Beginning and containing 132,733 square
feet or 3.047 acres of land more or less.
"Integral parts of this document"
1.Description
2. Exhibit
Peloton Job No.HWA19014 Tracking No.ACF#7556
Mont.qt July 18,2019
G:VOB\HWA19014_MONTERRA RET QT\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWA19014_EXI.DOCX Page 1 of 2
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EXHIBIT "A-2"
INSERT LEGAL DESCRIPTION
Monterra Detention Pond
Rev.07/16/19
Description of a
0.418 Acres of Land
BEING a tract of land situated in the William McCowen Survey, Abstract Number 999, Tarrant
County, Texas and being a portion of that tract of land described by deed to AIL Investment,
LP., recorded in Instrument Number D218253851, County Records, Tarrant County, Texas, also
known as Lot 2, Block 2, Monterra By Hillwood, an addition to the City of Fort Worth, Tarrant
County, Texas, according the plat recorded in Instrument Number D218009880, County
Records, Tarrant County, Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped"Peloton" found at the southwest
corner of said Lot 2,being in the east line of Lot 1, Block 2, Monterra By Hillwood, an addition
to the City of Fort Worth, recorded in Instrument Number D207084741, said County Records;
THENCE N 00032'27"W, 239.33 feet, with the common west line of said Lot 1,being the east
line of said Lot 2, from which a 5/8 inch iron rod with plastic cap stamped "Carter& Burgess"
found, bears N 00°32'27"W, 75.31 feet;
THENCE N 89027'33"E, 76.00 feet, departing said common line
THENCE S 00032'27"E, 239.56 feet, to the south line of the aforementioned Lot 2;
THENCE S 89038'17"W, 76.00 feet to the Point of Beginning and containing 18,198 square
feet or 0.418 acres of land more or less.
"Integral parts of this document"
1.Description
2.Exhibit
Peloton Job No.HWA19014 Tracking No.ACF#7557
QT July 18,2019
G:VOB\HWA19014_MONTERRA RET Q7IMASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWA19014_EX2.DOCX Pagel of2
m BASIS OF BEARING IS THE
TEXAS COORDINATE SYSTEM
NORTH CENTRAL ZONE 4202,
21 NAD 83
3 VXT
IRF • IRON ROD FOUND
IRS IRON ROD SET North Tarrant Par6ay
o Inst.* D202193537 0 50 100
C.R.T.C.T.
to variable width right-of-woy)
200'to 209' GRAPHIC SCALE IN FEET
e �-T _ ''INTEGRAL PARTS OF THIS DOCUMENT"
1.DESCRIPTION
2.EXHIBIT
5/8 IRF
I
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MI
i3. •
N89° 27'33"E
76.00' MGG�w�N
Ln
� 0iAIL INVESTMENT, LIP
C' `�' INST.• D218253851
C.R.T.C.T.
Lot 1, Block 2
Monterro by Hillwood Lot 2, Block 2
Inst* D20 7084 74 1 Monterro By Hillwood
C.R.T.C.T. Inst.* D218009880
C.R.T.C.T.
0.418 Acres
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PELOTON" TODD A. BRIDGES
S890 38 17' W 629 •.•i�.•«•.»«»•»...yw
° to North Riverside Dr. 4940 rl
76.00' 9oF
a � � l,�yo SI1Ftv�y��
Point of�l Lot 3, Block 2 "
Beginning Monterro By Hillwood q
Inst.A D218009880 f �1
C.R.T.C.T. Exhibit A-2
0.418 Acres of Land
BEING A PORTION OF LOT 2, BLOCK 2, MONTERRA BY HILLWOOD, AN
ADDITION TO THE CITY OF FORT WORTH, ACCORDING TO THE PLAT RECORDED
P E LOTO N IN INSTRUMENT NUMBER D218009880, COUNTY RECORDS, TARRANT COUNTY, TEXAS
SITUATED IN THE WILLIAM MCCOWEN SURVEY, ABSTRACT NUMBER 999,
I�III LAND SOLUTIONS CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACF#7557
9 PARKWAY,SUITE 250
FORT WORTH,
TEXAS 76177 PH.#817-562-3350 JOB# HWA19014 DRAWN BY: W.Blades CHECKED BY:T.Brid9 es DATE:7.12.2019 PAGE#2 of 2
W TEXAS
G:\J0B\HWA19014_Monterro Ret-OT\Moster Dev\_Survey\Exhibits\HWA19014_EX2.dgn Defoult 7/18/2019 7:15:26 PM
EXHIBIT "B"
Monterra Detention Pond 9
Rev.07/16/19
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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 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.
Monterra Detention Pond 10
Rev.07/16/19
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
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
Monterra Detention Pond 11
Rev.07/16/19
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
Monterra Detention Pond 12
Rev.07/16/19