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HomeMy WebLinkAboutContract 56339 Date Received: Sep 21,2021 City Secretary Time Received: 9:34 am Number: 56339 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 17th day ofSept. , 2021, by and between Lennar Homes of Texas Land and Construction LTD , acting by and through Laura Salgado , 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 8.604 acre tract located in the J.W. Hayes Survey, Abstract 781, A. Cast Ello Survey, Abstract 272, J.H. Duncan Survey, Abstract 398, Tarrant County, Texas according to the deed recorded in Document Number D221020277 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 Lennar at Risinger Court 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 CITY SECRETARY Rev.11/17/2016 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 necessaa 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 a lien 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.1 111 7/20 1 6 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. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 Executed this 17th day of September _2021 CITY: OWNER: b�Br�g6u7r� Dana Burghdoff( p 17,20 17:24 CDT) Dana Burghdoff, Asst. City Manager Laura Salgado, Authorized Agent City of Fort Worth Lennar Homes of Texas Land And Construction910, 124 LTD Date: Sep 17,2021 Date: Approved as to Form and Legality: Chl-xtta/F Lo Z,� g glal' Christa R.Lopez-Reynold (Sep 15,20211 :10 CDT) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Sep 15,2021 0�°�ORr�ad� ° '° %Oo Ot ATTEST: 0 ° A ° ° ° ' ° / °° °°° * d Contract Compliance Manager: a�4-4EXp`''oaAp B signing I acknowledge that I am the nuao4 Ronald P. Gonzales, Acting City y g g g person responsible Secretary, City of Fort Worth for the monitoring and administration of Date: Sep 20,2021 this contract, including ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: Sep 16,2021 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.1111712016 FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on September 17, 2021 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Jennifer L. Jennifer L. Ezernack Date:2021.09.20 10:01:39 le JENNIFER L. EZERNACK Ezernack _05'00' Notary Public STATE OF TEXAS Notary Public, State of Texas Notary I.D. 130561630 My Comm. Exp.Mar. 1,2024 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned aVkhority on this day of �1►--1�,� ? \ personally appeared known to me to be the person ' ose name is subscribed to the foregoing instrument and knowledged to me th- at + the e Ss the act of -F-oY `� �lat he executed the same as its aA as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary P bli tate of Texas ``ttY pll MADISON TAYLOR BEENE :Notary Public, State of Texas Comm. Expires 06-15-2025 Notary ID 131173665 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11117/2016 FT. WORTH, TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11I17/2016 CURVE f,ARC LENGTH RADIUS!DELTA ANGLE I CHORD BEARING!CHORD LENGTH CI 264.33' !353.BD 42°4825"v m N 57°44'38"W '258.23' F 1"=80' 2n p 112"IRF O Oo U")A (CM) i �n rri 2 LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. (p3 y m o�-yy CC#D221020277 41-1 VZp _ N10°51'09"E O.P.R.TGT. o� w Z 19,39' p0 _ yti \a� J. W. HAYNES SURVEY $83'48Q4"E APPROXIMATE SURVEY LINE ` ABSTRACT NUMBER 781 1/2"IRF j 286,7b' J. H. DUNCAN SURVEY "B&C" ABSTRACT NUMBER 398 (CM) 19,534 SQ.FT S 47007'52"E N 84°37'06" W 0.448 ACRES 34.11' 4 67.46' �✓ 1� �(2��Gi p�' S10 PL S� L C f�O �� Q��j pi,x. COHIX LLC o�jO�tiOQ QQ CALLED: TRACT 1 CC#D208444286 O.P.R.T.C.T. 112"IRF (CM) POINT OF - BEGINNING J AP TERENCE A MURRAY 6059 BASIS OF BEARINGS IS THE TEXAS STATE COORDINATE SYSTEM, TEER/ENCE A. MURRAY S U R v NORTH CENTRAL ZONE,NAD83 DATUM,2011 REALIZATION. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 6059 DATED: 07-07-2021 LEGEND: IRF IRON ROD FOUND IPF IRON PIPE FOUND CM CONTROLLING MONUMENT PIERCE- MURRAY EXHIBIT"A" LAN D SOLUTIONS CITY OF FORT WORTH STORMWATER FACILITY EngineeringSurveying MAINTENANCE AGREEMENT AREA 800 TALLYHO CIRCLE SITUATED IN THE J. W. HAYNES SURVEY,ABSTRACT NUMBER 781,AND TYLER,TEXAS 75703 (817)239-5646 THE J.H. DUNCAN SURVEY,ABSTRACT NUMBER 398, (903)539-2256 TARRANT COUNTY, TEXAS TBPELS FIRM REGISTRATION NO, 10194437 DRAWN BY: CDP CHECKED BY: TAM DATE: 07-07-2021 JOB NO. 2005-040 TBPELS NO. 10194437 FILE: 2005-040 EA1 EXHIBIT"A" CITY OF FORT WORTH STORMWATER FACILITY MAINTENANCE AGREEMENT AREA Being a tract of land situated in the J.W. Haynes Survey,Abstract Number 781,and the J. H. Duncan Survey,Abstract Number 398,all of Tarrant County,Texas and being a portion of that certain tract of land as described by deed to Lennar Homes of Texas Land and Construction, LTD.As recorded in County Clerk's File Number D221020277, Official Public Records,Tarrant County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the most southerly southeast corner of said Lennar Homes of Texas Land and Construction Tract, being the southwest corner of that certain called 15.341 acre tract of land as described by deed to The City of Fort Worth,Texas as recorded in County Clerk's File Number D218246111, Official Public Records,Tarrant County,Texas,and being in the north line of that certain tract(Tract 1)described in deed to COHIX, as recorded in Instrument Number D208444286,Official Public Records,Tarrant County,Texas and being the beginning of a non-tangent curve to the left; THENCE along southerly line of said Lennar Homes of Texas Land and Construction Tract common with the northerly line of said called Tract 1 and with said non-tangent curve to the left, an arc distance of 264.33 feet,through a central angle of 42°48'25", having a radius of 353.80 feet and a long chord of which bears N 57°44'38"W,258.23 to a point from which a 1/2 inch iron rod with cap stamped "Brittain and Crawford"found in the easterly line of Fox Run Addition as recorded Cabinet A,Slide 3873, Plat Records,Tarrant County,Texas and being the southwest corner of said Lennar Homes of Texas Land and Construction Tract bears N 84°37'06"W, 67.46 feet; THENCE departing said common line, N 10°51'09" E, a distance of 19.39 feet to a point; THENCE S 83°48'44" E, a distance of 286.76 feet to a point; THENCE S 47°07'52" E, a distance of 34.11 feet to a point in the easterly line of said Lennar Homes of Texas Land and Construction Tract common with the westerly line of said 15.341 acre Tract from which a 1/2" iron rod found at an angle point in said common line bears N 42°52'08" E, a distance of 342.63 fe et; THENCE S 42°52'08"W, a distance of 140.19 feet returning to the Point of Beginning and containing 19,534 square feet or 0.448 acres of land, more or less. 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J @2 Ea qyg $n ff 4:„gg BEY 8,y Lu r ; E i• ccw � ie :aaasn.�' .-,cs' .n L^ sbR� W gdhn• lza 470e6;+73ir i y�y� �q ��� O � `�8 '� 1 •+�K1�� xa '7�u z 'io' e;t iialc �a e�se3 zGal :cgs \ +;•' �.4'• e, U ia'yk `: i5-t• Pal, zo x o L1J a � J 8 4 r:e ba F ``' cc ' II \ Sk S3 Noi �Z �•�,` W, c� '�:n r�'�� co R bk J r!mr i w Sa'. _ w i gg G Yy i Y x��n W 0 4a LZ eq u L4 0 c c 2 LLJ -A < cr MR 0 W 33< DNA 7 0 6 vx msae 19w z g < Z cc X- oYN q Lu K v <7 egg - . -j.. -,ad In as cr Lu W 0 t 9.9.9. En cc LU N.NOI.LO:-:S SAE I �� ii4 Q cr 09 o¢ 41 �W t z ec 81a ¢W i fn a s e J C' �6 �S' 'on W� Ir yr e 0O TilgY� o¢ �Q y F o" Y. �Q �IZO E „A�S5�S W 4 f• to E`•'Sc Say, Mii S co LU �pup "e L G L ae'se�r3os'� �+ Kimsey"w- Xm i z �n UN.N ......n LOfr lu Lu of 7E 0. a. J L A1l 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. 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