Loading...
HomeMy WebLinkAboutContract 54251 Date Received: Aug 7,2020 City Secretary Time Received: 12:17 pm Number: 54251 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of Aug.2,2020 by and between Kim Gill, acting by and through 170 NORTHSTAR RANCH DEVELOPER, INC., hereinafter referred to as "Landowner", the 170 NORTHSTAR RANCH DEVELOPER, INC., hereinafter referred to as"Association"and the City of Fort Worth, hereinafter referred to as"City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as approximately 1.661 acre tract located in the M. Ashton Survey, Abstract 8, Tarrant County, Texas according to the deed recorded in Instrument Number D218275295, 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 NORTHSTAR — SECTION 1, PHASE 1 hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property;and WHEREAS,the City and the Landowner and Association, 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, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit"A" ("Facility Property"); and OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. 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 and Association, 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 and Association, 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 Facilities, 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 and Association, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 and the Association, 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 and the Association, 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 or the Association. 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 AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association 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 and Association 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. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of 170 NORTHSTAR RANCH DEVELOPER, INC. as Landowner hereunder shall expire and be of no further force or effect upon the STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 transfer ("Transfer") by 170 NORTHSTAR RANCH DEVELOPER, INC. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of 170 NORTHSTAR RANCH DEVELOPER, INC. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. Executed this2nd day of August 20 20 Landowner City of Fort Worth 170 NOR HS,T R RANCH DEVELOPER,INC. (S fF ��� Dana Sur�,h�%ff Dana Burghdoff(Aug 2,20200756 EDT) Name: Kim Gill Assistant City Manager Title: Vice President Approved as to Form and Legality CLcs^r�tzu R. Lahez-Re��crfC.7� Homeowners Association Christ,R.Lop—Rey LJul 30,2020 8:31 CDT) 170 NORTHSTAR! CH DEVELOPER,INC. Assistant City Attorney �p op FoRr��o �o Name: Kim Gill ATTEST p0, op0000,000 *� Title: President ` a�n�nexp5ap� City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 i i f STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on August 6,2020 by tiAnA Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort orth. Jennifer L Digitally signed by Jennifer L le JENNIFER L. EZERNACK Ezernack Notary Public Ezernack Date:2020.08.0615:46:48-05'00' STATE OF TEXAS Notary I.D. 130561630 Notary Public, State of Texas My Comm. Exp. Mar. 1, 2024 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 21th day of July, 2020 personally appeared, Kim Gill, 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 170 NORTHSTAR RANCH DEVELOPERS, INC., and that he executed the same as its Vice President and as the act of such and for the purposes and consideration expressed in the foregoing instrument. TIMOTHY JOHN WELCH a� _®^ Notary ID#10Commission Exp90 ires Notary Publi , St e of Texas My Commission Expires y June 21,2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 21"' day of July 2020 by, Kim Gill, President, authorized representative, acting on behalf of the 170 NORTHSTAR RANCH DEVELOPER, INC., Homeowners s ciation. TIMOTHY JOHN WELCH x° n Notary ID tl10511190 _ My Commission Expires Notary Publi4 tat f Texas 'TtoFt June 21, 2024 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and report requirements. L�tu�IG L2G1/is Laurie Lewis(Aug 7,2020 10:15 CDT) Laurie Lewis Interim Development Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Exhibit"A" Drainage Facility Easement BEING a 1.661 Acre tract of land in the M. Ashton Survey,Abstract Number 8, situated in Tarrant County, Texas,and being a portion of that certain tract of land described as Tract C in a deed to 170 Northstar Ranch Developer,Inc.,recorded in Instrument Number D218275295, Deed Records,Tarrant County,Texas. Bearings for this survey are based on the Texas State Plane Coordinate System,Texas North Central zone (4202),North American Datum 1983,as derived by static observation and using NOAA/NGS OPUS calculations. Said 1.661 Acre tract being described by metes and bounds as follows: COMMENCING at a 1/2"iron rod with plastic cap stamped"RPLS 4818" found at the southwest corner of said Tract C,and in the north line of that certain tract of land described as Lot 23,Block 21,of The Highlands at Willow Springs,as recorded in Cabinet A, Slide 6100, Plat Records,Tarrant County,Texas THENCE over and across said Tract C the following courses and distances: North 70°41'23"East,a distance of 1014.39 Feet to the POINT OF BEGINNING; North 00°12'19"West,a distance of 33.00 Feet; North 89°47'42"East, a distance of 10.00 Feet; North 0092'18"West,a distance of 110.00 Feet; North 89°47'42"East, a distance of 505.79 Feet; South 00°12'18"East, a distance of 125.00 Feet; South 89°47'42"West, a distance of 15.79 Feet; South 00°12'19"East, a distance of 18.00 Feet; South 89°47'42"West, a distance of 500.00 Feet to the POINT OF BEGINNING and containing a computed area of 1.661 Acres,more or less. Compiled from field ties and record data on July 20,2020,by Whitfield-Hall Surveyors. A survey exhibit of even survey date accompanies these descriptions. OF Q!�w L/. GJ ° tP Johnny D.L. illiams °JOHNNY D.L.°M LIAMS Registered Professional Land Surveyor ...........18°•°v,°°°° Texas Registration No.4818 TBPLS Firm Reg.No. 10138500 ��Q°SUR'q N EXHIBIT "B" LEGEND VARIABLE WIDTH O CAPPED I.R.SET E DENTENTION EASEMENT ZE CONTROLLING MO . ❑ FENCE CORNER IRON ROD FND. S )( "X"IN CONC I 0 60 SCALE 1"=60' BOUNDARY LINE TABLE 170 NORTHSTAR RANCH DEVELOPER,INC Id Bearin Distance TRACT C LI N 00012,191,W 33.00' INST.NO.D218275295 L2 N 89047'42"E 10.00, PROPOSED L3 S 89047'42"W 15.79' D.R.T.C.T. NORTHSTAR ° „ PROTEUS DRIVE TA SO'R.O.W. ------------------------------------------------------------ ---------------------------------------- a ; N 89°47'42"E 505,79' oN SUA��- r- w inPROPOSED M• $T '& "-' F NORTHSTAR 2 A, BLOCK 31: o LOT 19 o a p a o PRIVATE DETENTION N HOA/DEVELOPER OWNED N d _ VARIABLE WIDTH DRAINAGE o ;° EASEMENT m x F POINT OF ' z N COMMENCING' 1.661 ACRES 2 POINT OF ^ BEGINNING W N F ISDRAlVAGE © ` a j z A 4 ' " 500.00' zcaz - ------------ 1�vA'y9�� ' — — —— —— — — — - - - - -- - - � ...... • e.— l'� 2I', PROPOSED _ GAS PAD WORKING AREA NORTHSTAR 1n"CIRF 300'PROTECTED USE AND PUBLIC USE STRUCTURES SETB.E.M FROM BLOCK 5 - --f- WELLHEAD(S) t ------ 23 M.E.P.&A R.R.SURVEY ! I LOT 1X k (PRIVATE HOAIDEVELOPER 01NED W AND MAINTAINED Or SPACE) I O A-1136 22 I 1.724 A�ES I z HEWILLOWHIGHLANDS L DSSA 3364¢6.IIsgfl CAB.A,SLIDE 6100 P.R.T.C.T. :. U W O F en 6TE,? ri JOH Y D.L.WI LIAM a. NOTES: 4818 P.• 1.THE BEARINGS FOR THIS SURVEY ARE BASED ON THE TEXAS STATE .:P°F PLANE COORDINATE SYSTEM,TEXAS NORTH CENTRAL ZONE(4202), p E NORTH AMERICAN DATUM 1983,AS DERIVED FROM STATIC S U R 0 OBSERVATION USING NOAA/NGS OPUS CALCULATIONS PERFORMED ON OCTOBER 16,2017. 7-20-2020 2.A PROPERTY DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES WHITFIELD-HALL SURVEYORS a THIS SKETCH. REGISTERED PROFESSIONAL LAND SURVEYORS w 3.THE MONUD4ENTS FOUND OR SET FOR THIS SURVEY ARE 3559 ROAD,SUITE 107 v FORRTT WORT ,TEXAS 76116 SUFFICIENT TO RETRACE THE BOUNDARY OF THE DEPICTED (817)560-2916 EASEMENT ON THE PLAT OF SURVEY. x TBPLS FIRM REG.NO.10138500JOB NO.17-123- as ;i 2e a Ail-Nn A 5pd ------------------------ ff 44-------------- la -eq --------- ---------g N! - Ail -- ------------ --- gg935 0 --------------- r, S50 .2 X MUIMH Alm M H, 6i g ------------- opm ------ HIP t7 .j Fill J ,ql Hill if IW w HUQ 0 0 IL2 +� 9g a_ g�G��` O 3➢Y } d-9 .0 g9yg § 7�ON �3 3 rr i e Ji ti a si CH .. P( -- e - �(�- • --_i 5 a� •/I� 1 Y 1' 1 �4 - ,�9 I_ tact- Q 3�-�Ey g c'�9 € �T�". ,-yfii-�ras�3u�- �p 1 t t_ € na• ''<-.{_ ,s -o"`�-� K �g-�8�°y7r�'�3 K,r I � PB a •'� 1 � 6 iB 9 • � ' W nb: CO �� �: tHL s�I� •. t �� td.-�;" � �l• �(�: �' � x �•� t'9' °' E •, - — ;`�t7�i335�`:8v i .� i� � 1- -• �'1 _ _! s r+ -- fix-+'�4 _. _ J x 4 t. F a .• � s �', _ -'� 'l .r 3e�Y�333 Y o-"- /---• ! -Sri.• M: � �� �-• ,``���, 9 \ -O •� i�tt 33� $" PgU�=k'�'�'itl e • V .'II!II7t giq Hid ga�lx3`Pi 58 $gtJV Chi r i i a! •' 9x tom iE * i %•, �t Tp1� f ivy I ISO WN t S t SEES 3NIlH�{yW ... „a i j:sw.. CL R fffim o g g s ag a g �Magi�%,jp, Lnt 4 4C - i33N15�--z3 Y .•. �o sn3sns R.s.s..� uoeaa cam_ -Bf Zf9 tt la0 20I B hSf3 -_ =aL8Z8"J—J _ a y { ._._ �rL9".• IL HL9 CL ELBB O 91 ry 9ezL 9 sa as o9 ice � 6f5 C o ryryl�s 99 .__.. 96ZCa. n lVu� -.t_ 095?8� "9L8 b5 ate' OZ 0 1q t m r -ten m' Of'tLB-NH \ W Z .Cill' 2. N �r di17 sL.OLi>- r W W Q a ofei 01. x S95f9 S9 SL8 � 111 m rffi ,) I --- ---------- d I Z v it Z} ^ am>m 00_ WfL ' •b m > N CO r0i p I 04 13 z ID a r F+1 k` 1 1 a i �• �I 00 i w m cL) Dili lb'L4E_,,'• �� ~sue�l`� M M I �' I _ Z r 1 8z8 LEV I, a Z£m S£ 9C LC j m �i\1 Q •,rm 'lair j --.__..�,�-' _ - j � i 9� z j 1• m Im 1 LSHfB��•' � r I p O� p N�F _—� I ri �m'll ` C•. C I Yi6 zip F n kZej r:JzLy I cs 6La s'_fHl �1LLysH c�zr9_ rs as, b za •I �' - r� --z-- �r3-- ------- _ 'Sfe- yh9tH 1-, Le 9'H__ 91'LL9. ff"LCa �?S6A Z I _-_ -_ __--_-_ I <pVOX ' Asti ti r+s �,� aE q Z 99 � � "sas '►s � o t s o F ak , =33 a zs, d e aE c m A L -;v35i ia'"aia5 9j 3i ii Ei i�aB ? 5s3iovxv. M5 aaeaeeea3- •�`�a�'e eava�= iii®iii5i'a:i: 3i ` �Bi@i93fi F SfiSi3e3i s}$ It a $g R n, m U � U) Uss— tf MA IMN o1� _F� a i R Yo= =W s' ok s; � � a e ao< 1�� € Wa = j3oWg> o gig g ° ms c " mqo �� =x4 _ 2 a�x off =��x= o s I 8 " °W z oAy� HUM tom � Ewa x ��" o "=_m'°¢'8�. WSJYy } eo=LL ¢ xxa � � a moo ° e 3wxwW aw"> €a < `� ag o= - o nay a$ w wz< LL"° of = g sE ��aa a� g6 �2 8 '�x� w ° _� w ws a F a �'F� s swo s� �a Hu _ wow a 3 ��w 4k.$� �W o °.. sa z-ew f a < m °fit= H. 5a o y aW LL¢°"qN gild �.` oa °� w8 yes <�aess :' ¢ 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 8 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 pond Amount of silt in flume Amount of ponded wate r 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.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 10 Rev.11/17/2016