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HomeMy WebLinkAboutContract 55265 Date Received: 02/03/2021 City Secretary Time Received: 5:05 pm Number: 55265 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of February 2021 , by and between Drennan Commercial Group 5, LLC, acting by and through Jerry Drennan, 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 5.27 acre tract located in the William Anderson Survey, Abstract 22, Tarrant County, Texas according to the deed recorded in Volume 388-174, Page 14, 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 Arrow Leasing 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 CITY SECRETARY FT. WORTH, TX 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.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 alien 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 4 Rev.11/17/2016 [SIGNATURE PAGE FOLLOWS] Executed this 2nd day of February 20 21 CITY: jDrean ER: Dana Burghd off(Feb 2,202 2:45 CST)jW Dana Burghdoff, Asst. City Manager an City of Fort Worth mmercial Group 5, LLC Date: Date: Approved as to Form and Legality: chn-ls-a R. Looez-Reynolds Christa R.LoperReyno ds(Feb 1,202116:11 CST) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: ATTEST: 'e� 16,ica�100 aim ,� r Ronald P.Gonzales(Feb 2,202115:3 T, Contract Compliance Manager: Mary Kayser, City Secretary By signing I acknowledge that I am the City Secretary's Office444��� person responsible a JbF FORtl$, o for the monitoring and administration of Date: 02/02/2021 p�.of °o�pdd this contract, including o o a o id ensuring all performance and reporting o O� o � requirements. da 0000000 n�nEXASoap Janie S.Morales, Planning Manager Development Services Date: 02/01/2021 STORMWATER FACI UTY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev.1111712(M 6 CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Februarg 2,2021 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LAURIE Digitally signed by LAURIE PEQUENO LEWIS PEQUENO LEWIS ale: 021.02.0212:59:06 ,�pRY P(�e LAURIE PEQUENO LEWIS _®� Notary Public Notary Public, State of Texas + * STATE OF TEXAS y Notary I.D. 132278952 �aF� My Comm.Exp. Dec. 10,2023 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this �SIr day of J 0 . y r , 24_21, personally appeared 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 ,and that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of Texas OAAAA4AAAAAAA"AAwAdAa4AAAAAAAAA�� A&" Q31*11�11Z' CAND4CESORTORE ID#124277228 My Commission Expires July 22,2022 r.vv.rTvmvvw•ovv.v.vvvvvr STORMWATER FACILITY MAINTENANCE AGREEMENT Rev_11/17/2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 PRIVATE DETENTION/DRAINAGE EASEMENT William Anderson Survey, Abstract Number 22 City of Fort Worth, Tarrant County, Texas "EXHIBIT A" LEGAL DESCRIPTION BEING a 0.49 acre tract of land out of the William Anderson Survey, Abstract Number 22 situated in The City of Fort Worth, Tarrant County, Texas and being a portion of a called 2.022 acre tract of land conveyed to Bill Drennan and Jerry Drennan by deed or record in Document Number D201166800 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southeast corner of said called 2.022 acre tract; THENCE South 88059'00"West with the South line of said called 2.022 acre tract , a distance of 201.50 feet from which a 5/8" iron rod found at the Southwest corner of said called 2.022 acre tract bears South 88059'00"West, a distance of 13.00 feet; THENCE over and across said called 2.022 acre tract the following courses and distances; North 01°30'19"West, a distance of 104.68 feet; North 89°14'38" East, a distance of 212.01 feet to the East line of said called 2.022 acre tract from which a P.K. Nail found at the Northeast corner of said called 2.022 acre tract bears North 04017'12" East, a distance of 274.26 feet; THENCE South 04017'12"West with the East line of said 2.022 acre tract, a distance of 104.16 feet to the POINT OF BEGINNING and containing 0.49 acres of land more or less. I hereby certify that this survey, plan or report was prepared by me or under my direct PAGE 1 OF 2 supervision and that I am a Registered Professional Land Surveyor under the laws of EAGLE SURVEYING, LLC the State of Texas 210 S. ELM STREET (E OF•TF SUITE: 104 �P��G STEREO+9� DENTON, TX 76201 EAGLE (940) 222-3009 Ted A. Gossett °°TED A.GOSSETT°° SURVEYING R.P.L.S.#5991 <.•°A 5991 TX FIRM # 10194177 ess� O JOB NUMBER DRAWN BY DATE 01/13/2021 2003.063-04 CF 1/12/2020 Date PRIVATE DETENTION/DRAINAGE EASEMENT William Anderson Survey, Abstract Number 22 City of Fort Worth, Tarrant County, Texas "EXHIBIT A" PK NAIL I I FOUND I I CALLED 2.022 ACRES BILL DRENNAN AND N JERKY DRENNAN LOT 5, BLOCK C 1 I DOCUMENT NO. N BELL INDUSTRIAL DISTRICT 1 I D201166800 w VOL.388-197, PG.57 O.P.R.T.C.T. - P.R.T.C.T. 1 I 26'ACCESS EASEMENT i�r i�—VOL. 6939, PG. 1055 D.R.T.C.T. o I z I I N 89014'38" E 212.01' I I 00 zo � r I o 0 1 r PRIVATE DETENTION CALLED 8.181 ACRES 1 3 VALLEY VISTA REALTY - DRAINAGE EASEMENT - EQUITIES, LP I 21,545 SQUARE FEET LOT 6, BLOCK C DOCUMENT NO. 1 O 0.49 ACRES f BELL INDUSTRIAL DISTRICT D215054302 1 M ° VOL.388-197, PG.57 O.P.R.T.C.T. It 1 p O P.R.T.C.T. Z � 5/8"1RF S 88059'00" W 201.50' POB S 88°59'00"'W 5/8"CIRF 13.00' 1 1 1 CALLED 1.03 ACRES AMY LYNN MCGUYER FOX 1 1 DOCUMENT NO.D212217362 I I O.P.R.T.C.T. I I I I PAGE 2 OF 2 N EAGLE SURVEYING, LLC 210 S. ELM STREET SUITE: 104 ND EAGLE D (940) 2I22 300901 CIRF LAPPED IRON ROD FOUND POB POINT OF BEGINNING SURVEYING TX FIRM # 10194177 R.O.W. RIGHT-OF-WAY P.R.T.C.T. PLAT RECORDS, JOB NUMBER DRAWN BY DATE 1" = 60' TARRANT COUNTY,TEXAS O.P.R.T.C.T. 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WD NwoZz z� a Qsg Wga >7 m is w ¢ w m g�z ax m �Fa oz WF❑ F w J w��F x mm Tw s� zJa a o >c� zz o`"w wo. >pz ¢zw a� z x w w w" -w -s ap W � .. o�,a <> a z¢ J� w a�N wmma Z>' U Q W Q �'O Jw ZvZi QOQ a W ¢ U z¢ �ry w (aJ G=u>i� t_a_', Z ¢ ¢m w Q ¢p w W W O p wN zF W _p ❑v~i O�� �w iy�j m Z C7 x x W Z¢ ¢ ¢ ZO `nN ¢w F¢ ❑ ? o p O w O¢ w W¢ p¢¢ w ¢ ¢ W O o=Z t g w n 2 w w g z o W¢O F O¢ta_7 a y ¢o �o �a3 ¢� ❑�� Qgw a�i� N �� a�wj o� W �� ❑ W� ¢ow¢ owz-w oo z o w �zp ��= z m zw�Q LLz o m �w <� sQ<=� aw o O o¢ J N¢ o u� W W W O z ¢O Q o a O w Z W a �v ? o Q o z¢LLz O I¢ 7 o O a �i Z Q F 2 Q 2 LL Q w O Z a U a Z�n a 2 a Q Q r� Q Q O U❑O a a 0 0 0 H Z U ,n o � � Q o a 0 LD o o M F ` - z z a w � w w � o z - Q cn • � a.,3a sv �[INn N 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 pondibasin 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 MAINTENANCEANSPECTION • 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. 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