HomeMy WebLinkAboutContract 53994 Jun 10,2020 CSC No.53994
3:48 PM
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of June 9
— by and between_VLMC, lnc. , acting by and through Don E. Allen, 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 0.726 acre tract located in the B. Thomas Survey, Abstract 1497, Tarrant
County, Texas according to the deed recorded in Instrument Number D218233338, 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 Pioneer Point, 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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT /� �p B /+1pq g�
Rev.1111712016 OFFICIAL RECbRD.
CITY SECRETARY
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 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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed this 9th day of. June 2y 20
VLMC, Inc. City of Fort Worth
A Teas C -po- ion
l7ana BU% `1 v
Dana Burghdoff un 9,2020 10:35 CDT)
Narrl :Don E. Allen � �
Assistant many Manager
Title: Secretary
Approved as to Form and Legality
C�csfw R. c.d�erL-Resinv�J�
Christa R.Lopez-Reynold (Jun 9,2020 :31 CDT)
Assistant City Attorney
ATTEST t• �''
City Secretary '
/Lb +
OFFOAL RECORD
CITY SECRETARY
F°P WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
borwA%k*0awAssistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
LAU RI E Digitally signed by LAURIE
PEQUENO LEWIS
PEQUENO LEWIS Date:2020.06.0911:24:42-05'00'
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this Zo day of
M ,2M personally appeared Don E. Allen, known to me to
be the persol whose name is subscribed to the foregoing instrument and acknowledged to
me that the same is the act of VLMC, Inc., and that he executed the same as its Secretary
and as the act of such and for the purposes and consideration expressed in the foregoing
instrument.
Notary Public, State of Texas
. ..... TINA MICHELLE LEWIS
�PPY'PLd'i
�. Notary Public,state of Texas
f7t Comm, Expires 06-16-2021
...��` Notary ID 125179689
k �TICIIAI k C,ORD
ire %mi, iar "p. T
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/17/2016
Contract Compliante Manager
By signing I ackno,vledge tliat f am the person responsihle
for the moiutoring and administration of this contract, hicluding
cnsurin`,all peiformonce and rePortim"requirements.
Jaaie S. Adorales
Development Set-vices i`Tanager
EXHIBIT"A"
SWFMA LEGAL DESCRIPITON
BEING a tract of land situated in the B. Thomas Survey,Abstract Number 1497,City of Fort Worth,
Tarrant County,Texas,being a portion of that tract of land described by deed to VLMC, Inc.,
recorded in Instrument Number D218233338,County Records,Tarrant County,Texas,and being
more particularly described by metes and bounds as follows:
COMMENCING at a PK Nail found in Park Drive(a paved and traveled roadway of undetermined
width),at an"ell"corner in the north line of said VLMC tract,from which a 5/8 inch iron rod,with
plastic cap stamped"Peloton", found at the northeast corner of said VLMC tract bears
N 89039'39"E,2564.37 feet,said iron rod also being in the west right-of-way line of Centerboard
Lane(a variable width right-of-way);
THENCE S 00000'31"W,28.03 feet,with said north line,to the beginning of a non-tangent curve to
the left, from which a 5/8 inch iron rod found bears S 01°48'l YE,0.82 feet;
THENCE with said non-tangent curve to the left and said north line,an arc distance of 15.14 feet,
through a central angle of 01 034'56",having a radius of 548.14 feet,the long chord which bears
S 87020'43"W, 15.14 feet,
THENCE S 00020'21"E,32.97 feet,departing said north line,to the POINT OF BEGINNING;
THENCE over and across said VLMC tract the following courses and distances:
S 00020'21"E,216.16 feet;
S 89039'39"W,96.48 feet, from which a 5/8 inch iron rod,with plastic cap stamped
"Peloton", bears S 02022'23"E,31.06 feet, said iron rod being found at the northwest comer
of Lot 102,Block 8,The Parks at Boat Club, an addition to the City of Fort Worth,Tarrant
County,Texas,recorded in Instrument Number D219040788, said County Records;
N 29052'05"W, 208.88 feet, to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right,an arc distance of 193.74 feet,through a central
angle of 20037'40",having a radius of 538.14 feet,the long chord which bears
N 79022'19"E, 192.70 feet;
THENCE N 89041'09"E,9.83 feet to the Point of Beginning and containing 31,609 square feet or
0.726 acres of land more or less.
"integral Paris of this Document"
1. Description rSE OF r
2. Exhibit 5 001 i;rF 7
cP
rppp A e.
t.�..49gp eGcS
Z.S S•1°VIp.
Peloton Job No.LHL18001
Ft.North May 14,2020
G:\JOB\LHL18001 Boat_Club\Master Dev\_Survey\Exhibits\Legals\LHL18001_EX4.docx Page 1 of 1
ao Basis of Bearing is the Texas
roCoordinate System North Central
„ Zone 4202, NAD 83
3 IRF = Iron Rod Found N
m PKN - PK Nail
Curve Table 0 60 120
NO. DELTA RADIUS LENGTH BEARING DISTANCE GRAPHIC SCALE IN FEET
C1 01° 34'56" 548.14' 15.14' S87° 20'43' W 15.14'
C2 20° 37'40" 538.14' 193.74' N790 227147 E 192.70' "Integrol Ports of this Document"
1. Description
Line Table Point of 2. Exhibit
NO.1 BEARING I DISTANCE
L1 N89° 41'09"E 9.83' Commencing
PKN N8_9° 39'39"E j1
r. IRF
• e' cml�ea S00° 20'21"E -e —�2564.37' II
OTT - �'
rl� of un 32.97' IRF brs. S00° 00'31"W
'6 — S01°48'13"E 28.03'
YY d (a 0.82'
L1 I o
c�
N : Point of
' I Beginn
ing
i
2 g g , it ^o •3
tJ�0 ( w N
� a
0.726 Acres I> '
VLMC, Inc. °
p•4aOG�G°p� SURVEY �° Inst.* D218233338 I
QJ
C.R.T.C.T. j
W � I
VLMC, Inc. 1�0
Inst.* D218233338 0� 00
C.R.T.C.T. V)
0
®•101-1
p�
S02° 22'23' E S890 39'39"W
31.06' 96.48'
IRF
o �G, A�O O ,
r I 102 I�
o TOD . A. ...... ES I The Parks of Boat Club
Inst.• D219040788
�q.... 940' .c�. I CRT.C.T.
a
1,�.Zoy Exhibit "A"
:t=t: SWFMA Exhibit
PELOTON
?,`•e=� Situated in the B. Thomas Survey, Abstract Number 1497,
I I LAN D SOLUTIONS City of Fort Worth, Tarrant County, Texas
9800 HILLWOUD PARKWAY,SUITE 250 JOB# LHL18001 DRAWN BY: TBR CHECKED BY: TAB DATE:03-09-2020 PAGE# 1 of 1
FORT WORTH.TEXAS 76177 PH#817-562-3350
\J08\LHL1 001_ oat-Club\Moi ter Dev _Survey\Exhfb;ts\LHL180oL X4.dgn Deloult 5/14/2020 12:31:40 PM
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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.
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
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
ward
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.11/17/2016
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT O
Rev.11/17/2016
Resolution of Sole Director for VLMC, Inc.
The undersigned, being Sole Director of VLMC,Inc., a Texas corporation(the
"Corporation"), does hereby take the following actions and adopt the following resolutions:
Election of Officers
RESOLVED, that the following persons are elected to the offices set forth beside each
person's name to serve for the ensuing corporate year or until their successors have been duly
elected and qualified:
Name(s) Office(s)
Don E. Allen Secretary
Ratification of Past Acts
RESOLVED,that the acts and transactions that have been validly taken or made by the
officers of the Corporation since before the date of this consent, are hereby ratified in all
respects.
Further Instructions to Officers
RESOLVED,that the officers of the Corporation are hereby authorized and directed to
execute and deliver all documents,to waive all conditions, and to do all things necessary or
helpful to carry out the purposes of the foregoing resolutions. All acts of the officers of the
Corporation that are consistent with the intent of the above resolutions are hereby ratified and
adopted in all respects as the acts of the Corporation.
In witness whereof, the undersigned have executed this resolution effective as of the
`p day of A Aax,i- ,20 11ii_.
Sole Director:
Tim H. Fleet