HomeMy WebLinkAboutContract 56102 Date Received: J u l 2% 2021 City Secretary
Time Received: 3:20 pm Number: 56102
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 27
Of July , 20 21 , by and between Brookfield Holdings (Willow), LLC, acting
by and through Troy Wahlberg, its duly authorized Vice President hereinafter referred to
as "Landowner", the Willow Springs Residential Homeowners 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 an
approximately 158.051 acre tract located in the M.E.P. & P.R.R. Survey, Abstract 1136,
Tarrant County, Texas according to the deed recorded in Document Number D218249163
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 Willow Springs, Phase 113
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
Rev.11/19/2020 JLE 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, 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
inspection shall cover the entire Facilities, berms, outlet structure, pond areas,
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
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 Brookfield Holdings (Willow), LLC. as Landowner hereunder
shall expire and be of no further force or effect upon the transfer ("Transfer")
by Willow Springs Residential Homeowners Association, Inc. to the
Association of legal title to the Facility Property, save and except for any
liabilities, indemnities and obligations of Brookfield Holdings (Willow), LLC.
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 CJ
Rev.11/19/2020 JLE
Executed this 27th day o f- July 2021
CITY: LANDOWNER:
Brookfield Holdings (Willow), LLC.
Daum BuC,4hj0-q
Dana Burghdoff 6127,202112:59 CDT) Troy Wahlherg(Jul 27,2021 14:33 PDT)
Dana Burghdoff, Asst. City Manager Troy Wahlberg
City of Fort Worth Vice President
Date: J U[ 27, 2021 Date: J LI t 27, 2021
APPROVED AS TO FORM AND HOMEOWNER'S
LEGALITY: ASSOCIATION:
Willow Springs Residential
o�x R L, ��Z— Homeowner's Association, Inc.
Christa R.Lopez-Reynold (Ju127,20211 8 CDT) Q.40.
Christa Reynolds, Sr. Asst. City Attorney Daniel sat ky(Jul 27,202116:52 CDT)
City Attorney's Office Daniel Satsky, Registered Agent
Date: Jul 27,2021 Date: J U 1 271 2021
ATTEST:
peazl'F 611)eZ9Z9f Contract Compliance Manager:
Ronald P.Gonzales(Ju128,202108:32 CDT) By signing I acknowledge that I am the person
Ronald Gonzales, Acting CitySecretary
City Secretary's Office responsible
�d�onn�� for the monitoring and administration of this
Date: Jul28,2021 �O(�*-�O-,000*
F�R� a� contract, including
0� Q d� ensuring all performance and reporting
/•° o�� requirements.
��j00
°
° ddd Et eC K,RA-rt� y-�be�ia 44L
�� °Ooo°°o°° A Evelyn obertsonbehalfof(Jul 27,202117:39 CDT)
4.4 nEXASaAp Janie Scarlett Morales, Planning Manager
Development Services
Date: Jul 27, 2021
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.11/19/2020 JLE
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on July 27, 2021 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
Jennifer L. Digitally signed by Jennifer L.
,�p.RYPGe JENNIFER L. EZERNACK Ezernack
i Notary Public Ezernack Date:2021.07.27 19:18:42-05'00'
•®* STATE OF TEXAS
,9�OFP Notary I.D. 130561630 Notary public, State of Texas
My Comm.Exp.Mar. 1,2024
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.11/19/2020 JLE
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 27th day of July , 20 21 ,
personally appeared Troy Wahlberg, Vice President 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 Brookfield Holdings (Willow), LLC., 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.
Jennifer L. Dig itally signed by Jennifer L.
Ezernack
1�9
JENNIFER L. EZERNACK Ezernack Date:2021.07.2716:57:33-05'00'
Notary Public
STATE OF TEXAS
Notary I.D. 130561630 Notar Public, State of Texas
My Comm.Exp.Mar. 1,2024 y
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 27th day of July , 20 21 ,
personally appeared Daniel Satsky, Registered Agent 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 Willow Springs Residential Homeowner's Association, Inc., 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.
14R
JENNIFER L. EZERNACK
Notary Public Jennifer L. DigitallysignedbyJenniferL.
STATE OF TEXAS Ezernack
Notary l.D. 130561630 Ezernack Date:2021.07.27 16:58:56-05'00'
My Comm.Exp.Mar. 1,2024
Notary Public, State of Texas
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.11/19/2020 JLE
FT. WORTH, TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/19/2020 JLE
Description of a
SWFMA Area
BEING a tract of land situated in the C. Boyd Survey, Abstract Number 212 and the M.E.P. & P.
R.R. Company Survey, Abstract Number 1144, City of Fort Worth,Tarrant County,Texas,being
a portion of Block 1, R.B. Bishop's Subdivision, an addition to Tarrant County, recorded in
Volume 63, Page 148, and being a portion of that tract of laud described by deed to Brookfield
Holdings(Willow), LLC., recorded in Instrument Number D218249163, County Records,
Tarrant County, Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with no cap found at an ell corner in a west line of said
Brookfield Holdings tract, being the northeast corner of that tract of land described by deed to
Melissa L. Stewart recorded in Volume 9155, Page 1172, said County Records;
THENCE S 10037'58"E, 538.77 feet, with said west line and the east line of said Melissa L.
Stewart tract to the POINT OF BEGINNING;
THENCE N 00°35'28"VLF, 481.98 feet, departing said common line:
THENCE N 89024'32"E, 45.00 feet;
THENCE S 00035'28"E, 611.22 feet;
THENCE S 89024'32"W, 15.33 feet, to the aforementioned common west line of said
Brookfield Holdings tract and the east line of said Melissa L. Stewart tract;
THENCE N 33038'50"W, 17.08 feet, with said common line to a 112 inch iron rod with no cap
found at an ell corner in said common line;
THENCE N 1003T58"W, 116.71 feet, with said common line to the Point of Beginning and
containing 25,978 square feet or 0.596 acres of land more or less.
Integral Park of this document"
1. Description
2, Exhibit
mw
Pelmon Job No.AWH180111 Tracking No.na
FTW August 03.2020
G'JOB,AWHISOOI_Willow_Springs'1Naster Dev'_SuneylEasemt,"SILt.rgals',AWHISUdI EA53.dswx Pngc I of t
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 10
Rev.11/19/2020 JLE
;P Basis of beuring is the
" Texos Coordinote System Point of
North CentrolZUne 4202,
NAO 83 Commencing �
IFRF iron Rod Found 3r k — —IRF {] 100 200
a I l N890 24'32"E
1 ` GRAPHIC SCALE IN FEET
a 1 m h "Intdgr 01 per t5 of this document"
Description
vT; 2. Exhibit
o
x �
rn
G
1 } _ M.E.F-& P-R-R-Ca-Survey
A 150.4
Appr0 Survey Line 3 C.Bayd Survey A-212
sI+`
1 a l Brookfield Hoidings
1 �R (Willow), LLC.
W Insk.* ❑218249163
Brookfield Holdings Al�llssc+ L.51r�varl z ry C•R•T.C.T.
tWinowY,LLC. •ilVol.9155.P 1172
} MInst., D218249153 CR•r�T.C.R.T:C.T.
1 a t4i,
l Q ��5
So �445
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]Beginning s °i CRC
� 1 1 z
0.� Q
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1
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l 17.48' �5890 24'32"W
%. 15.33'
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-
o t. (a variab}e width rsght 4[ wpyl
LOY Exhibit of a
___= SWFMA Area
11111 P E LOTO N
;='I Situated rn tf}e C. ]Boyd Survey, Abstract Numoer 212, and the tN,E.P, & P.R.R.Co.
LAND SOLUTIONS Survey, Abstract Nurnber 1144. City of Fort Worth. Torrent County, Texas
SW RIH,TEXAS
79177�Ar,Sl1iTE 250 Jog#AWH18001 DRAWN BY; a Freemen CHECKED BY:T Bridges DATE: 07-27.20 PAGE#S of 1 FORT LYOFiTIf,TEi�J�S 7II177 PN Y@�7-584-335ri
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Description of a
SWFMA Area
BEING a tract of land situated in the C. Boyd Survey, Abstract Number 212, City of Fort Worth,
Tarrant County,Texas,being a portion of Block 1,R.B. Bishop's Subdivision,an addition to
Tarrant County,recorded in Volume 63, Page 148, and being a portion of that tract of land
described by deed to Brookfield Holdings (Willow), LLC., recorded in Instrument Number
D218249163, County Records, Tarrant County,Texas and being more particularly described by
metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped"PELOTON"found at a
southwest corner of said Brookfield Holdings tract,being in the east line of that tract of land
described by deed to Melissa L. Stewart recorded in Volume 9155, Page 1172, said.County
Records and being the northwest corner of that remainder tract of land described by deed to
Tinsley Development Services, LLC.,recorded in Instrument Number D218246622, said County
Records;
THENCE N 33038'50"W, 81.66 feet, with a west Iine of said Brookfield Holdings tract and the
east Iine of said Melissa L. Stewart tract to the POINT OF BEGINNING;
THENCE N 33°38'50"W,28.11 feet, with said common line, from which a 1/2 inch iron rod
with no cap found at an ell corner in said common line bears N 33°38'50"W, 17.08 feet;
THENCE N 89024'32"E, 15.33 feet,departing said common line over and across said
Brookfield Holdings tract;
THENCE S 0095'28"E, 23.56 feet to the Point of Beginning and containing 181 square feet of
land more or less.
"Integral pans of this document"
1.Description
1 Exhibit
SiToiI D. A, e6tl.r S
Pctoton Job No.A W H 18001 Tracking No.na
FTW August 14,202o
G:\JOB%AWHi80(11WILLQW_SPRMGS+MASTER DEVI_SURVEYIEASEMENWLEGAL31AWH18001_F_A54.DGCX Page 1 of I
'D Basis of Bearing is the Texas Coordinate System
,n North Central Zone 4202, NAD 83
3 iRf Irony {hod Found ®��u�
a
a 30 60
1 �
l
GRAPHIC SCALE IN FEET
"Integral parts of this document''
1. Description
1 2. Exhibit
j N890 24'32''E
1RF 15.3 3'
N33° 3B'50''W �-
17.08' Brookfield Holdings
SOD° 35'28' E M I Iow3. LLC.
23.56' Inst.# l321 B249163
N330 38'50''W C. R. T.C. T.
2 8.11' Point of
' Beginning
181 Square Feet \ g g
Melissa L. SteWdrt
Vol.9155.Pg.1172 \ Point of
C.R.T.C.T. , Commencing
!RF --- -----.—.---•—...... —
5rpG� \°•�pis T 1 evelopm
see vices.L.L.C.er t
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�s' �,� Exhibit of a
SWFMA Area
Situated in the C. Boyd Survey, Abstroct Number 212,
E LOTO
City of Fort Worth, Torrant County, Texas
LAND SOLUTIONS
9W Tl i,TEXAS
76177 AY,SUITE 254 JOB#AWH18001 DRAWN BY' d-Reamon CHECKED BY:T-Bridges DATE: 04-20-20 PAGE#1 of rt
FORT WORTF{,TEXPS 76fT7 PH.N 617.562-335R
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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
Condition of filtration
system
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.11/19/2020 JLE
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 12
Rev.11/19/2020 JLE