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HomeMy WebLinkAboutContract 55992 Date Received: 07/13/2021 City Secretary Time Received: 10:30 am Number: 55992 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day 6th of July 20 21 by and between Kim Gill, acting by and through 170 Northstar Ranch Developer, Inc., hereinafter referred to as "Landowner", the Northstar Ranch Property Owners Association, 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 Parcel 1, an approximately 2.049 acre tract located in the Matthew Ashton Survey, Abstract 1W, Wise County, Texas according to the deed recorded in Instrument Number 201909720, Deed Records, Wise 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 4 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 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH TX Rev.11/19/2020 JLE 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE 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 DEVLOPER, INC. as Landowner hereunder shall expire and be of no further force or effect upon the 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. [REMAINDER OF THIS PAGE TO REMAIN BLANK] STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/19/2020 JLE Executed this 6th day of July 2021 CITY: LANDOWNER: 170 Northstar Ranch Developer, Inc. S aL244 Dana Burg -7 CDT) aaC4 Dana Burghdoff, Asst. City Manager City of Fort Worth Date: Jul 6,2021 Date: Approved as to Form and Legality: _ ASSOCIATION: Northstar Ranch Property Owners Association,Inc. Cmifta,?Lo.�e��e��rol�'f �r Christa R.Lopez-Reynold (Jul 6,202116: CDT) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Jul 6,2021 Date: /! a p FoF�R0 ad oo ���d ATTEST: Ovo 02d Contract Compliance Manager: • �� ,�o *a By signing I acknowledge that I am the J o0 0o l °000000 ,O� nEXA5o4p person responsible for the monitoring and administration of Ronald P. Gonzales, City Secretary this contract, including City Secretary's Office ensuring all performance and reporting requirements. Date: Jul 8,2021 e Scarlett Morales(Jun 23,202109:38 CDT) Janie S. Morales, Planning Manager Development Services OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT Date: Jun 23,2021 CITY SECRETARY Rev.11/19/2020 JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on July 6,2021 by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. o,�p,RYP(ieG JENNIFER L. EZERNACK Jennifer L. Digitally signed by Jennifer L. Ezernack a Notary Public • + STATE OF TEXAS Date:2021.07.08 13:41:54 q� P Notary I.D. 130561630 Ezernack _05'00' My Comm.Exp.Mar. 1,2024 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this �ay of U�/�' 2021 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. Q��Fr rGe� TIMOTHY JOHN WELCH vowxve r Notary ID#10511190 ^* * My Commission Expires Notary PU 1C, Late Of Texas 't of June 21, 2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Q 2Y day of t/1t�61•'2021 by, 91144/14- , President, authorized representative, acting on behalf of the Northstar Ranch Property Owners Association, Inc. TIMOTHY JOHN WELCH Notary ID#10511190 My Commission Expires Notary Pu c, State Of Texas June 21, 2024 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/17/2016 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/19/2020 JLE aN1151r MR Exhibit"A" CITY OF FORT WORTH DRAINAGE FACILITYEASEMENT Parcel 10 BEING a 2.049 Acre tract in the Matthew Ashton Survey,Abstract Number 1 W,situated in Wise County,Texas,and being a portion of that certain tract of land described in a deed to 170 Northstar Ranch Developer Inc.,recorded in Instrument Number 201909720,Official Records, Wise County,Texas.The bearing for this survey is based on the Texas State Plane Coordinate System,Texas North Central Zone(4202),North American Datum 1983,as derived from static observation using NOAA/NGS OPUS calculations performed on October 16,2017.Said 2.049 Acres being described by metes and bounds as follows: COMMENCING at 1/2" iron rod found for the northwest comer of said 170 Northstar Ranch Developer Inc.tract,the southeast corner of that certain tract of land described in a deed to The Livengood Trust,Mary Ann Livengood Watkins,Carly Ann Carter,Kelli Rene Carter,recorded in Instrument Number 201328993,Official Records,Wise County,Texas; THENCE over and across said 170 Northstar Ranch Developer Inc. tract the following courses and distances: South 17133'50"West, a distance of 1139.49 Feet to the POINT OF BEGINNING; South 00016'55"West,a distance of 158.93 Feet; North 89�43'05" West,a distance of 166.97 Feet to the point of curvature of a tangent curve,concave to the south,having a radius of 1265.00 Feet a central angle of 12°30'43", and a chord of 275.69 Feet bearing South 84°01'35"West; Westerly along said curve,a distance of 276.24 Feet; North 12'13'46" West,a distance of 120.00 Feet to the point of curvature of a non- tangent curve,concave to the west,having a radius of 50.00 Feet a central angle of 169°42'37", and a chord of 99.60 Feet bearing North 07°05'05"West; Easterly along said curve,a distance of 148.10 Feet;North 01°56'23"West,a distance of 34.43 Feet;North 88003137" East,a distance of38.05 Feet; South 81°38'49" East,a distance of 447.53) Feet to the POINT OF BEGINNING and containing a computed area of 2.049 Acres,more or less. Compiled from field ties and record data on July 15,2020,by Whitfield-Hall Surveyors. A survey exhibit of even survey date accompanies this description. Jo nn U.1.. illiams -'-- " T y AP:''k G Registered fessional Land Surveyor a s Texas Registration No.4818 r D.LiMiuiws TBPLS Firm Reg.No. 10.138500 4`g:'g" :A !1 ~� SURVEY I pt�imr "A rA'aP IT Iva+ed t rr9 EZ►-LlLS LN31C3SV311 rrv»s1�s�syljrA£ZYLl1L1bZ S� O k1„SS,9149 S ;D � y z L=i_Z .a go_ [•+iW I zVt�+ �r.[ 6c"; uUn d'waU Q+QR o w•� L+ <z� ao woN ►•� n N 0>",kjN =poi A>tx�Ci '�"r7 A4 Z�JN �,, � � � a Go zZ< a E-w ; azaF c �o u�e z s� R:>f-;p r : ;: '•7 owe, �:� CO »' w�m u M b "kp i 0.i 00 V N u 7 Q �.M Z V ,cr st 00 CA coo c� L•b ad CQ CODF.a N tn f.,Wa ww P-4 a a u CD .�,co w w w w zce '•W'h 0. V � 'O^ "]V C, < <o. F W W ~G. OZF' C >rA m < G u .z a• h u z O O W►� u�w e 1 <nj F]>a>C� 0 - on . A�w© \20.00 i ;g� O w • X COB ano Zoo cz� CIS otl - - 0 X Us;j.D p ee r= (� $ ��.. th �Z< O a. +J an ALE 3 F< gbqppC 4jo 1wE 7 =LLCC ,vF .-iaai.W Boundary/Alignment Inverse Report Wed Jul 15 13:12AO 2020 Project:C:lpcslproj117-123 section 4 parcel 10 de.pcs Inverse of Lot 6 22 N:7045929.4931' E:2306257.0433' S 00°16'55"W 158.93' 23 N:7045770.5612' E:2306256.2611' N 89043'05"W 166.97' 27 N:7045771.3829' E:2306089.2972' (PC of curve) Curve Parameters Direction: Left/Counter-clockwise Radius Pt at N:7044506.40 E:2306083.06 Delta =12°30'43" Left/Counter-clockwise Radius =1265.00 Arc Length =276.24 Tangent Length=138.67 Chord Length =275.69 Chord Bearing =S 84°01'35"W PC Tang Bearing=N 89"43'04"W PT Tang Bearing=S 77*46'14"W PC->RP Bearing=S 00°16'56"W RP->PT Bearing=N 120 13'46" W 28 N:7045742.6914' E:2305815.1016' N 120 13'46"W 120.00' 29 N:7045859.9683' E:2305789.6822' (PC of curve) Page 1 of 2 Ir APT Curve Parameters Direction: Left/Counter-clockwise Radius Pt at N:7045908.83 E:2305779.09 Delta =169°42'37" Left/Counter-clockwise Radius =50.00 Arc Length =148.10 Tangent Length=555.32 Chord Length =99.60 Chord Bearing =N 07005'05" W PC Tang Bearing=N 77°46'14"E PT Tang Bearing=S 88°03'37"W PC->RP Bearing=N 12013'46"W RP->PT Bearing=N 01'56'23" W 30 N:7045958.8050' E:2305777.3984' N 01 056'23" W 34.43' 31 N:7045993.2185' E:2305776.2329' N 88003'37" E 38.05' 32 N:7045994.5066' E:2305814.2653' S 81°38'49"E 447.53' 22 N:7045929.4931' E:2306257.0433' Perimeter: 1390.25' Area: 2.049 ACRES 89244 sq ft Precision: Perfect Page 2 of 2 19---------- R—ReRg ------------------- - lujj - --------- 172; 2 1 Hol Pie 1- ----------- fiq C9 IS PON HIN z. 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V�� .nouoil:ii:::::::: � ;oournou000. %` I- ::::::eeeeeeeeeeeee • :•:::::.�::::•:::::•• - eeeee III AIlul�l��l_�ll�I�� .............. ::::::::::::::: : .............. ::::::i::::::::::::: noon nn.naa.n _ ....nl.............. hI��`s •``.L.A�� � ,L�,� �II'�� - 0000n......... ::::;o.0 . ....... ... .iui:::no::: ' ............. .. :iii:::::: .................... . ' o.Inuo..... .u..........uoo. • ®® nn..o.u..o..... uoo..........................- 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 g 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 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 1(] 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 11 Rev.11/17/2016 a. 01, rl- o a a� c� c voi a� o C m � L U Z .p cn m Z 70 as 3 O m oo U) � ® c c c c c c O C c c c c c c c V1 G Z E E E E E E E E E E E E E E E Q E E E E E E E E E E E E E E E � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w U U U U U U U U U U U U U U U LU o o LlJ � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z L w cn wl (n I cn I (n I w co 0 U- x 0 -0 u. o F— 0 �' (n E Q ca OQ a� �- U —>' 0 O m c E O o -0 o_ caQ. 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