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HomeMy WebLinkAboutContract 53985 Jun 8,2020 CSC No.53985 12:20 pm DOE# STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 3 day of June 2020 , by and between Vaquero Binkley Partners, LP, a Texas limited partnership, acting by and through Vaquero Ventures Management, LLC, its General Partner, 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 1.195 acre tract located in the Alex Thompson Survey, Abstract 1499, Tarrant County, Texas according to the deeds recorded under Instrument Numbers D219203841 D219124674 D219251561 D219253673 and D219253697 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 1R, Block 2 of Burch-Hill 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 OFFICIAL RECORD CITY SECRETARY STORMWATERFACILITY MAINTENANCE AGREEMENT FT. WORTH,ITX Rev.11/17/2016 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 FAC I U TY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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.11/17/2016 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 Rev.11/17/2016 4 [SIGNATURE PAGE FOLLOWS] Executed this 3rd dayof June 20 20 Landowner City of Fort Worth Vaquero Binkley Partners,LP, a Texas limited partnership By: Vaquero Ventures Management, LLC its General Partner _ Dana Burghdoff(Jun 3,202 :50 CDT) Name: WA LaiVreth Dana Burghdoff Assistant City Manager Title: Manager Approved as to Form and Legality Q?KLfg R.Lopez-Reynolds Christa R.Lopez-Reynolds(Jun 3,2020 09:48 CDT) Assistant City Attorney `` IF OR� ATTEST City Secretary OFFICIAL RECORL'1 CITY SECRETARY FT.WORtH,T STORMWATER FACIUTY MAINTENANCE AGREEMENT 5 Rev, 11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on June 3,2020 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LAURIE PEQUENO Digitally signed by LAURIE PEQUENO LEWIS LEWIS Date:2020.06.0317:50:21-05'00' Notary Public, State of Texas oPaYP�e LAURIE PEQUENO LEWIS STATE OF TEXAS § r Notary Public + � • STATE OF TEXAS ay l� �y Notary I.D.132278%2 COUNTY OF TARRANT § "F�� M Comm.Exp.Dec.10,2023 Before me, the undersigned authority on this 2 0IA- day of II?" , 2020, personally appeared W.A. Landreth,known to me to be the person hose name is subscribed to the foregoing instrument and acknowledged to the that the same is the act of Vaquero Binkley Partners, LP, and that he executed the same as the Manager of Vaquero Ventures Management, LLC, General Partner of Vaquero Binkley Partners, LP and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. SARAH V ;-30QN LOTT Notary u {ic, State as %' Notary Public,State of Texas ry Comm Expires 19.2023 Notary ID 130159380 E UY FT STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 Contract Comp1hince iMana,er By siluning I acknowled-e that I am the person responsible for the monitoring and administration of this contract,including onsuring ail perforinance and reporting,requirements. colt Vf Janie S. Morales Developmcnt Services ttManager OFFICIAL RECORD CITY SECRETARY FT WORTH, TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 7 JPH Land Surveying, Inc. Dallas-Fort Worth * Austin * Abilene l a N d EXHIBIT 11 TRACT DESCRIPTION (Page 1 of 3) v BEING a 1,197 square feet tract of land being a portion of Lots 1, e 20 and a portion of the Alley located between said Lots situated in S u< Block 2, BURCH-HILL ADDITION, an addition in the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Volume 204-A,Page 144,Plat Records, Tarrant County, Texas; the subject tract is more particularly described as follows (Bearings are based on Grid North per the Texas Coordinate System of 1983,North Central Zone.): COMMENCING at a 1/2 inch capped rebar stamped"JPH Land Surveying"set at the northeast lot corner of said Lot 20, same being the intersection of the south right-of-way line of Burton Ave.,being a 50-foot right-of-way,as shown on said BURCH-HILL ADDITION,with the west right-of-way line of Binkley Street, being a 50-foot right-of-way, as shown on said BURCH- HILL ADDITION; THENCE SOUTH 00'20' 16"EAST, with the east lot line of said Lot 20 and with the said right-of-way line of Binkley Street, a distance of 101.78 feet THENCE SOUTH 890 39' 44" WEST, departing the said lot line and the said right-of-way line, through the interior of said Lot 20,a distance of 23.03 feet to the POINT OF BEGINNING of the tract described herein; THENCE through the interior of said Lot 20, Lot 1, and the said Alley, the following courses and distances: 1. SOUTH 000 20' 16" EAST, a distance of 63.00 feet to a point from which a 1/2 inch capped rebar stamped "JPH Land Surveying"set at the northeast lot corner of said Lot 1 bears NORTH 67' 07' 52" EAST, a distance of 24.93 feet; 2. SOUTH 890 39'44" WEST, a distance of 19.00 feet; 3. NORTH 000 20' 16" WEST, a distance of 63.00 feet; Dallas-Fort Worth Austin Abilene 785 Lonesome Dove Trail 1516 E.Palm Valley Blvd.,A4 500 Chestnut Street,Suite 702 Hurst,Texas 76054 Round Rock,Texas 78664 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 W W W.JPHLANDSURVEYING.COM Page 2 of 3 4. NORTH 890 39' 44" EAST, a distance of 19.00 feet returning to the POINT OF BEGINNING and enclosing 1,197 square feet). Jose B.Najarro �E OF.TF Registered Professional Land Surveyor No. 6736 joseAiphls.com .... •••• ...... •• March 26, 2020 JAR III Job No. 2019.022.020 : A 67 l�' SURv� Dallas-Fort Worth Austin Abilene 785 Lonesome Dove Trail 1516 E.Palm Valley Blvd.,A4 500 Chestnut Street,Suite 702 Hurst,Texas 76054 Round Rock,Texas 78664 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 W W W.JPHLANDSURVEYfNG.COM EXHIBIT itifBURTON AVE PAGE 3 OF 3 (A.K.A. JAMES AVE) P.O.R. 50'R.O.W. Fr_ Line Data Table VOL.204-A,PG. 144,P.R.T.C.T. CRS Line# Distance Bearing Ll 63.00' S00°20'16"E L2 19.00' S89°39'44"W VAQUERO BINKLEY L3 63.00' N00°20'16"W LOT 18 PARTNERS,LP,A L4 j 19.00' j N89°39'44"E TEXAS LIMITEDPARTNERSHIP INST.#D219253697 MONUMENTS/BEARING BASIS O.P.R.T.C.T. w CRS p 1/2"rebar stamped"JPH Land Surveying"set o Monuments are found if not marked CRS. o Bearings are based on Grid North,Texas v Coordinate System of 1983,North Central Zone LOT 19,BLOCK 2 LOT 20,BLOCK 2 BURCH-HILL z BURCH-HILL LEGEND OF ABBREVIATIONS L ADDITION r ADDITION P.R.T.C.T. Plat Records of Tarrant County,Texas �D VOL.204-A,PG. 144 VOL.204-A,PG. 144 O.P.R.T.C.T. Official Public Records of Tarrant County,Texas P.R.T.C.T. P.R.T.C.T. D.R.T.C.T. Deed Records of Tarrant County,Texas P.O.B. POB/POC Point of Beginning/Point of Commencing r23.03- L47944'W E W U W H TES 1,197 S.F. I a V0 e° ,A °pO °o•9pOpOO M -- W � Pam. e � ��e°°°•°°°6 ®� 15'A L L E Y \ N a ES;�.d° L�r;Hc'll-H!!L MIN�1771)\' INS"I\ t AND $ f3,\�DUNE'D 61"S6T';\R\ INSTRUMENTcxs\ Jose B.Naj 8-�arro III �\ L2 Registered Professional J J �U Land Surveyor No.6736 LOT 2,BLOCK 2 LOT 1,BLOCK 2 jose@jphls.com LOT 3 - BURCH-HILL BURCH-HILL March 26,2020 ADDITION ADDITION VOL.204-A,PG. 144 VOL.204-A,PG. 144 1,a N d P.R.T.C.T. P.R.T.C.T. VAQUERO BINKLEY \ / PARTNERS,LP,A TEXAS LIMITED 0 4)— 30' PARTNERSHIP INST.#D219203841 Sao O.P.R.T.C.T. ell Sut� Scale: V=30' EXHIBIT SHOWING JPH Job No. 1 , 197 SQUARE FEET 2019.022.020 NWC E.Berry St.And Binkley St.,Fort Worth,Tarrant Co.,Tx-POND ESMT.dwg BEING A PORTION OF ©2020 JPH Land Surveying,Inc.-All Rights Reserved LOTS I & 20, BLOCK 2, 785 Lonesome Dove Trail,Hurst,Texas 76054 BURCH-HILL ADDITION Telephone(817)431-4971 www.jphlandsurveying.com TBPLS Firm#10019500#10194073 410193867jj CITY OF FORT WORTH DFW I Austin I Abilene TARRANT COUNTY,TEXAS SVX31 A1Nf10O1NVNLIVl H1NOM 1NOd d0 Al1O �;•o NVId 909#S,3NVO JNISIV uaoj-j(«�(a�ua� N = 31lS llda3A0 3A2f�OlS1N3W3A02dWIlHJI1133211S a y ONV'3`JVNMNO'ONIAVd'ANV11NVS '2QlVM 3AV NolHn9 ONV'1S uimi9 $ go e e e i a we F G n c cF £ i 2 3 -s � eY ° e r s e a�s12 s 's a 5 Y a y y R s a W - ° - - s a aOz Iu (lm \ ❑ a f b Y § s E v ri «Y F 4 s s e y ass53 Yea S o 5 a . 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KaRg re 4f DfiDio _ Yi[oE E •�-31?aY lz _ daT3Ito— z > m `jiq iGiyc LJ 3 d 3�,R W 6 — • _______________-_-__-___1 a g' I e I I I I .a z�z Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION, MAINTENANCE & INSPECTION 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. The stormwater quality device shall be cleaned and cleared of all sediment shortly after project completion. Generally, a sump-vacuum truck is the most convenient method of removing the captured sediment and floatables from large underground structures. Floatables and oil should be removed in a separate procedure prior to the removal of accumulated sediment from the bottom of the underground storage chambers. The structural and functional integrity of the Facility shall be maintained at all times by following the manufacturer recommendations for maintaining the system. Flushing of the system by hose or other method that may move sediment to the downstream storm sewer system is unacceptable. Periodic silt removal shall occur when standing water conditions occur or the underground storage volume is reduced by more than 10%. This maintenance should be performed as needed based on inspection but is recommended annually. 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. 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, silt, litter and debris removal dates. Document any replacement or maintenance of structures. • 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 1 Rev.3/20/2019 Exhibit "D" Stormwater Underground Detention Maintenance Checklist FREQUENT INSPECTION DATE REPAIRS REPAIRS NOTES REQUIRED MADE Remove trash and debris Inspect grates and structures Blocked, Clogged outlet Clean outlet, dispose structure of blockage offsite MINOR INSPECTION Accumulated Silt Remove by hand if Standing Water minor, use vacuum truck if necessary Oil is acumulated inside vault/piping MAJOR INSPECTION Structural damage to pipe, vault, access hatch, ladder Evidence of Tree root Cut and remove roots. Restore structural intrusion integrity of system Damaged Outlet Structure Repair or replace or Inlets any damaged structures in kind. Replace pavement. Damaged Pavement,noticable sinking Contact Engineer to access causes Vaquero Binkley Partners,LP 2900 Wingate Street, Suite 200 Fort Worth, Texas 76107 May 29, 2020 Re: This letter authorization (this "Authorization") regarding Vaquero Binkley Partners, LP (the "Partnership") To Whom It May Concern: The Partnership hereby authorizes, W.A. Landreth, I11, Manager at Vaquero Ventures Management, LLC, to do or cause to be done all such acts or things necessary or appropriate in connection with the development and management of real property, improvements, and investments located in Fort Worth, Texas, and owned or managed by the Partnership, including the execution and delivery of any and all documentation related to the development thereof. Sincerely, VAQUERO BINKLEY PARTNERS, LP, a Texas limited partnership By: Vaquero Ventures Management, LLC, its General Partner By: �!4 W.A Adreth, III. Manager/Member By: Brian C. Williams, Manager/Member