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Home My WebLink AboutContract 55548o4/i2/zozi DOE # 1:23 PM STORMWATER FACILITY MAINTENANCE AGREEMENT CSC No. 55548 THIS AGI�,EMENT, made and entered into this 8th day of April 2021, by and between Keller Crossing Residential Comrr�unity, Inc., a Texas nonprofit corporation (the "Association"), the City of Fort Worth, hereinafter referred to as "City", and Brazos Electric Power Cooperative, Inc., a Texas non-pra�it electric cooperative corporation {`Brazos Electric"), WITNESSETH WHEREAS, Brazos Electric �s the owner of an approximately 2.08-acre tract in the City described in that certain Special Warranty Deed recorded at Volume 13962, Page 185, of the Real Property Records of Tarrant Counfy, Texas (the "Brazos Electric Properry"); and WHEREAS, D.R Horton-Texas, Lid., a Texas Iimited partnership ("D.R. Horton"), is the developer of the Keller Crossing subdivision adjacent to the Brazas Electric Property {"Keller Crossing"); and WHEREAS, D.R. Horton is required to construct drainage improvements in connection with developmeni of Keller Crossing, including a headwall, concrete ri�rap and related improvements to be constructcd and maintained on a portion of the Brazos Electric Property {the "Faciliry"}; and WHEREAS, Brazos Electric has granted a storm drain easement to the City for approximately 4,423 square feet (0.102 acres of land more or less} of the Brazos Electric Property described and depicted in Exhibit A(the "Brazos Electric Easernent") for construction and maintenance of the Facility; and WHEREAS, D.R. Horton created the Association to, among other things, own and maintain private apen space for Keller Crossing, including without Iimitation Lot 41X, BIock 1, contiguous to the Brazos Electric Easement; and Vi�IEREAS, the City requires that the Facility be adequately �'� aFFICIAL RECORD STORMWATER �ACILITY MAINTENANCE AGREEMENT Rev.11I3712016 CITY SECRETARY FT. WORTH, TX WHEREAS, ihe Association will be responsible for maintainang the Facility; and WHEKEAS, Brazos Electric is a party to this Agreement solely because the Facility will be con�tructed and maintained on the Brazos Eleciric Easement, located on the Brazos Electric Property owned by Brazos Electric; and WHEREAS, Brazos Electric has no obligations to construct or maintain the Facility and no liability wiih respeci to ihe Faciliry; and NOW, 'I'HEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the fallowing terms and condition,s, the parties hereto agree as follows: 1. The Association, its successors and assigns, shall adequately rnaintain the Facility at no expense to the City or Brazos Electric in accordance with �he design specifications for the Facility, attached as Exhibit `B", and the current standards then in force and effect in the City and with the Operations and Maintenance Plan attached io this A�reement as Exhibit "C". The F'acility includes all pipes, channels or other conveyances built to convey stormwater to the facility, as well as all siructures, improvements, and vegetation provided to control the quantity and quality af the stormwater. Adequate maintenance is herein defined as good warking condition so ihat these facilities are performing their design functions. The Starmwater 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 Association, iis successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose af the inspection is to assure safe and proper functioning of the Facility. The inspeciion shall cover the entire �aciliiy, berms, outlet structure, pond areas, access roads, etc. Componenfs of the Facility, which need maintenance or replacement to perform their design f'unction, shall be noted in the inspection report along with the corrective actions to be taken. STORMWATER FACILITY MAINTENA�CE AGREEMENT 2 Rev. 11 I17120 � 6 3. Brazos Electric, ihe Association, and their successors and assigns, hereby grant permission to the Cify, its authorized agents and employees, to enter upon the Brazos Electric Easement and to inspect the Facility whenever the City deems necessary. The purpose of inspection is to follow-�p on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Association, its succes�ors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Association, its successors and assigns, fails to maintain the I'acility in gaod working condition as specified herein, the City, its authorized agents and employees, may enter upon the Brazos Electric Easement and take whaiever sieps necessarX to correct deficiencies identif ed in the in�pection report and to charge the costs of s�cl� repairs to the Association, its successors and assigns. It is expressly understoad and agreed that neither the City nor Brazos Eiectric is under any obligation �o routinely maintain or repair said Facility, and in no event shall this Agreement be construed ta impose any such obligation on the City or Brazos Electric, such obli�ation is the Association's. 5. The Association, it� successors anc� assigns, will perform the work neeessary to kee� 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 Association, iis successors and assigns, shall reimburse the City upon demand, within thirty {30} days of receipt thereof for a1I act�a� costs incurred by the City hereunder. In the event tl�at Association or iis successors or assigns fail to pay the City for the costs incurred under this sectian, the City shall impress a lien for ihe costs of such work upon other lots owned by the Association, but not the underlying 2.08-acre tract oumed by Brazos Electric. Such lien shall be perfected by filing in ihe ofiice of the County C�erk of Tarrant County, Texas an aff davit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Re�. 1 111 7/2 0 1 6 6. This Agreement imposes no liability of any kind whatsoever on the City or Brazos Electric. THF ASSOCIATION AGREES TO HOLD THE CITY AND BRAZOS ELECTRIC HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND BRAZOS ELECTRIC, AND THEiR AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CALTSES OF ACTION WHATSOEVER ARISINC, OR WHICH MIGHT ARISE, FROM THE FAILURE OF THE ASSOCIATION 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 1N A 1VIANNER CONSISTENT WITH CITY OF F4RT WORTH CRITERIA; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. The Association covenants and agrees that no habitable building shall be erec�ed within the drainage easement outlined an Exhibit "A", but thi� paragraph shall not preclude construction of other improvements by Brazos Electric within the drainage easement, which do not impede drainage. 8. This Agreement shaIl be recorded among the Iand records of Tarrant Couniy, Texas, shall constitute � covenant running with Lot 41X, Block 1, Keller Crossing Addition, and sha11 be binding an the Association, its administraiors, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. By signing this Agreeinent, Brazos Electric {i) ackno�uledges that the Facility will be constructed and �naintained on the Brazos Elecfric Easement; ar�d (ii) grants to STORNIWATER FACILITY MAINTENA�ICE AGREEMENT 4 Rev. 1 111 712 01 6 10. the Association the right of access across the Brazos Electric Easement as needed to perform the Association's obligations pursuant to tl�is Agreement. The City will look solely to the Association for maintenance of the Facility in accordance with the Agreement. The City acknowledges that Brazos Electric has no obligatiflns vahatsoever with respec� to the Facility except as set aut in Section 9. Executec� this 8th day of April City af Fort Worth �C'r.lZr'',� �G��f?��G� Y Assistant City Manager / Approved as to Form and Legality: Assistant City Attorney cG��is�-� /� `apez-,�eynalcls Name: Title: STATE OF TEXAS COUNTY OF TARR.ANT § § 2021. ATTEST �-,�`'` /� �'�- City Secretary ,d4�� aa� FORr �aa p � Fa00000000�L d� � ~�o oO��dd Pvo °=d �� o o*� d� oa oo � �� EXASaa,� Before me, the undersigned authority on this 8th day of April , 2021, personally appeared Dana Burghdoff , Assistant City Manager of the City of Port Worth, known to me to be the person whose naine is subscribed to the foregoing instrument and acknawledged to me that the sa�ne is ihe act o� the City of Fort Worth, and that helshe executed the same for the purposes and consideration expressed in the foregoing instrument. o,�p,RY/'ve, JENNIFER L. EZERNACK _ n � Notary Public + �[7 + STATE OF TEXAS `"� �, Q Notary I.D. 130561630 9��Fj�+ My Comm. Exp. Mar. 1, 2024 STOftMWATER FACILITYMAf�ITENANCEAGREENtENT Rev. 11/17/2016 Digitally signed by Jennifer L Jennifer L Ezernack Ezernack Date: 2021.04.09 08:55:13 -OS'00' Notary Public, State of Texas pFFICIAL RECQRD CITY SECRETARY FT. WORTH, TX Contract Compliance Manage r By signing I acknowle dge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and re porting re quire me nts. Janie--ScarWtMMa/49 Janie Scarlett Morales (Mar 11, 2021 10:12 CST) Janie S. Mor ales Development Services Manager Keller Crossing Residential Community, Inc., a Texas nonprofit corporation By:�-- Name: :bj�Y\ ti\. Clo-vk.. Title: Lr e,,�, �--+- STATE OF TEXAS COUNTY OF TARRANT § § Before me, the undersigned authority on this 12-day of� =� , 2021, personally appeared l\l CUW: k-, :{>V:l \{ lU.J(\J-of Keller Crossing Residential C�ity, Inc., 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 such nonprofit corporation, and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. /J, Jflruirl� STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/17/2016 Notary Public, State of Texas 6 Brazos Electric Power Cooperative, Inc., a Texas non-�r 1t electr· c cooperative ,\ By:��-------'-----=-____i_.__ � fl ( Title: Exec · ve Vice President and General Manager STATE OF TEXAS § COUNTY OF McLENNAN § JI) '(;K..; me, the undersigned authority on this �'� ,ol__ day of _______§;:i.ct.,,,C'..4-,,Z:...M,1��,______ _____ , 2021, personally appeared Clifton Karnei, _Executive and General Manager of Brazos Electric Power Cooperative, Inc., a Texas non-profit electric cooperative, 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 Brazos Electric Power Cooperative, Inc., and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. AN N��rat� t�otary Public STATE OF TEXAS 4·8 22 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/17/2016 7 EXHIBIT "A" STORAIiWATER FAClLITY MAINTENANCE AGREEMENT Rev. 1 111 712 0 1 6 Exhibit A Descriptian of a Storm Drain Easement BEING a tract af la�ad situated in the W. Huf€ S�rvey, Abst�'act N�rr�ber 649, Tazrant County, Texas and being a portion of #hat certain tract of land described by deed #o Brazos Eiec#�ic Pawer Cooperati�e, Ine., recorded ir► Volume 13962, Page i8S, Cour�ty Records, Tarrant County, Texas and being more particularly described i�y metes and baunds as follflws: BEGII�TNING at an iran rod with aluminum cap found at the sauthwest corner of said Brazos Electric trac# and a rioriheasterly reentrant corner of that certain tract of land described by deed to D.R. Horton-Texas, Ltd., reeorded in Ins#nament N�zmher D219227742, said County Records; THENCE N 00°� 4'36"W, 5895 feet, witi� the west line of said Brazos tract and the east line af �aid D.R. Horton-Texas �ract, from which a 5/8 inch iron roc� with plastic cap stamped "SWC" found at tl�e nQrthwss# coi�ner of said �3razos trac# bears IV t1U`' 14'36", 14 l.l 6 feet; THENCE N 89°45'D4"E, 75.00 fee#, depar�ing said common line aver and across said Brazos tract; THENCE S 00°14'46"E, 59.Oi feet, to the south line of said Brazos tract, being a north line af said D.R. Harton-Texas trac�; T1�ENCE S 83°47'SS"W, 75.00 fe��, with said common line, to the Paint of Beginn3ng and cantaining 4,423 square feet or 0.102 aores of land more or less. "Integral parts of this document" i. Description 2. Exhibit Pelvtan Joh No. DRH 19003 Tracking N€�. NA �p Ftiy Octobcr27.2020 G:UOBI�RH190t13_KELLEK_H[CK5lMASTER p8V0 SURVEYIEASEMENT8ILEGALSI�RH190Q3 EA2.DOCX Page 1 nf2 1 � � � D n rn � � �z a -� � �, r}, O :C7 � �� Z7 � � S � ,� c �� < � m z� -i � �� o -' c� z� -i � � �� ,-,� c x� n� �m � rn .� � N O O n VJ 0 � � � �"'S .. < � . � O *-}y L`J � � �Q � � � t '� Exhibit B � O � �. �� `'� � 0 3 � �_ rta i7 # �- i[} Q �j � N r (7 � � —IN(p .� X �o -� � Iv �. n � ZO� � • Aov, � � nzo .(� / O ry�l v' �' Z fV --f � a � zm�q I 7Q O � -C �1 � 5 ��Z � N�'� � C� G Z ��n �, � l a g� . �. f m� I G � W -� , � � , °� � � �G � � � � � ( � 1 Jj' -� � 1 � n � ' o °° , � 0 0 , (11 � � k r rt CD O I" � �s -E tn o 1 4 '� �Q�� c ! � -� � m � , ,� n�� I� r -� O �y n' m �J � iA O � � � � 1 � ro I N00° 14'36"W - ------ �41.16' ----- `-� � � N�O� i`#�J�j�YY eJV.��E � � O 00 � o o �� U� .p ry Cit � O� �. O� O� � O� � � � � fr=! ' S00° 14'46"E I 59.0�' �� PELOTON �� ANo so�.u7�atis 8E130 tiiLLWOaDPAfi1MAY.5l11TE 750 ,�oe # o�r��saa3 8Y: SS o � � � o � c� �, � o Q ^ � � ��T1 � cr! C� !-i co � --� � a �, C�N<�-� � �� Q — �Q 3 -[7 N n � . � � � � � 8Y. 9 � G �S • � � � � S C� — � � z z �o � �� m c � � C � � � C-? C � a � -� c �� c� � ��o w� �oon n -o m :� Q o � � � 0 �: c� � �n d Z +n --I �J i A � -�, �_ N�� m�A xm s � � r� W� � � � -� �° o � � -3 -n Z= rn � _ Q z O cz '-r� z rn Q � --� o DRFE: 09I17I2420 jPAGE # 20F2 i Exhibit "B" DESIGN SPECI�iCATIONS STORMWATER FACiLITY MAINTENANCE AGREEMENT Rev. 1 111 712 0 1 6 i.wranir�sHeer w� � v — b ��_ i� iFl l£P cROssIUG. vNASE 1 � �S�$s 3 ��yE��s=m � zt�� :��;o�g= � �� $ ��_�� `£�F gsEo "� ,q� a,�° c�n ��v � �� , E� '�� d��'� g� � F` � ��4 t` �� # � '� �$ �� 3`. � v b , fl D Z n �m �m � O 2 � � O � � �y`� _ — — _ .wal�arq rj S .1 ---� ,_ uv��w aaso ``� �w ,• a'� . \ \ \ �\ \� \ `- \ \ N,\ . \ \ � S� � � rn n �o "Z � fn PNRSE � � + I � � �'= ru�� ' ' ' -�^� — - w � �o Q ; � � � } � e Y � c� �� m Ho ; D �� _ G[IQ�111YLFf iE1�CE 1,6 y @ � g��:� gt5�� c s a a �i.hi� g��.'� N y w 3r Q��r � o Tu,� tXt^� o"'r� � ��" � . N� � I � �� m9�$ � ' � � ' j � . � � ��q� : . . �#$6Sm � ; 4 � � - Q Q � a R�og z� ��g� o�g $ � Z i�� a 9 ��g� Q��F&� � g¢ $ � O � FE�o 9g��>� � b � � �� Y � c � g � � 9 � � � � �� = a � Y:,�7 1HlRO SII�FVRAL Exhibit "C" CITY OF FORT WORTH STORMWATER FACIL[TY OPERATlON AND MAINTENANCE PLAN The only responsibility the City of Fo� Worth has in the operation and maintenance of this Faci�Ety is inspection. General Mainfenance Procedures The structural and furtctional integrity of the Faci�ity shafl be mainfained at all times by removing and preventing drainage interference, obstructions, blockages, or other ad�erse effects into, through, ar out of the system. Periodic silt remo�al shall accur when standing water concE[tions occur or the pond's storage volume is reduced by mare than 10%. Sift shalE be removed and the pondlbasin returned to original lines and grades shown on the approved engiheering plans. In addition, correcti�e measures are required any time a basin does nat drain campletely withi� 72 hours of cessation of inflaw. NO STANDING WATER iS ALLOWED in �asins desigr�ed for dry detention purposes. Accumulated litter, sedimer�t, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal sl�all be in accordance with federal, state and [ocal regulatians. Detenfian facilities shalf be mowed monthly between the months of April ar�d October ar anytime �egetation exceeds 12-inches in height. To �revent debris from entering and clogging the downstream starm sewer system a wire mesh screen or similar screening device shall be installed aver the outlet untif final acceptance. 4. PREVENTIVE MAfNTENANCEIINSPECTION • Visual inspectior�s of afl componenfs will be canducted every 6 months. • A log shall be kepf of maintenance actions, and inspections. The log shoul� document the condition of the detention system's primary camponents, mowing, and sfli, litter and debris removal dates. Doc�ament aeration af the basin bottoms and replanting to pre�ent the sealing of the basin bottom. • Written maintenance and repair records sha[I be mainfained by the party or parties signing the attached Agreemenf and shall be pro�ided to the City upon request. STORMWATER FACILlTY MAINTENANCE AGREEMENT � O Rev. 1 1 11 7120 1 6 Exhibit "D" Stormwater Structural Mainfenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mawin Remo�e Trash and debris Inspect irrigation s stem o e�-afion Remove grass cli in s Vioi�tions Nated MINOR INSPECTION Condition of Pond Amounf of silf in ond Amount o# siit in flume Amount of ponded water Amount af wetland ve etation Location of Erosion Percent of �e etatian Condifion of trash uard Location of Erosion MAJOR 1NSPECTIONS Candition of Stormwater Quality Structure Type of Stormwater Quaiit Structure Strucfure type and Condit�on Condition af Rip- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT � 1 Re�. 111'[ 71201 fi Condition of filtration s stem Berm or Embankment Settlement Lacation of erasian E�idence af Animals Evidence of Aquatic �ife Condition of Aeration Foundatian STORMWATER FACILITY MAINTE�lANCE AGREEMENT 1 2 Rev. 111'[ 712016