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HomeMy WebLinkAboutContract 56739 Date Received: 11/29/2021 Permit No.: SWFMA-21-0068 Time Received: 2:25 pm City Secretary No.: 56739 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 16th day of Nov. , 2021 , by and between Wayfare Cibolo Hills, LLC, acting by and through H. Jackson Wallace, 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 53.537 acre tract located in the B. Thomas Survey, Abstract No. 1497, Tarrant County, Texas according to the deed recorded in Instrument No D221240085, 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 Wayfare Multifamily 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 CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX Rev.11/17/2016 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 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.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 16th day of November 20 21 CITY: LANDOWNER: c=-/A DJ Ha 16,2021 16:04 CST) WAYFARE CIBOLO HILLS, LLC, DJ Harrell, A Delaware limited liability company Development Services Director City of Fort Worth By: Wayfare Development Group-Cibolo Hills, LLC, Date: Nov 16, 2021 A Delaware limited liability company By: IMS Development III, LLC, An Alabama limited liability company Its: Manager By: Approved as to Form and Legality: H.Jackso Wallace President& Chief Operating Officer Gl�rstz� R, LrmeL—R�-r-�`c�� Christa R.Lopez-Reynold (Nov 12,2021 11:23 CST) Christa R. Lopez-Reynolds, Sr. Assistant City Attorney City Attorney's Office Date: Nov 12,2021 pdd�4n�u�� Contract Compliance Manager: FORT a ��F°°°°°°°°°�yaa By signing I acknowledge that I am the ��.o° 0��dd person responsible ATTEST: p v o o=� for the monitoring and administration of 0, ,�o° '3�" this contract, including �� °°°°°°°°°° a ensuring all performance and reporting tiEXASo requirements. Ronald P. Gonzales,Acting City � 2c Secretary, City of Fort Worth Date: Nov 25, 2021 Janie S. Morales, Planning Manager Development Services Date: Nov 12,2021 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev. 1 111 7/2 0 1 6 FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 11/16/2021 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. JOSH MARTIN _ Notary Public + * STATE OF TEXAS ' Notary Public State of Texas Notary My Comm.l6820_ Exp.Feb ,2024 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of bor't.N{f , 2Q2A personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowle4ged to me that the same is the act of C'' Ct (' and that he executed the same as its E� and as the act of such d for the purposes and consideration expressed in the foregoing instrument. en Notary Public, State ogTexis Y PV �pA..... E nnsion Expires22467 :] OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.1111712016 Exhibit A DESCRIPTION OF A PROPOSED "SWFMA" AREA BEING that certain tract of land situated in the B. Thomas Survey,Abstract Number 1497, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of that tract of land, described as "Tract 1" by deed recorded in Instrument Number D218219521, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod, found at the southeast corner of said remainder tract, the southwest corner of Lot 2, Block 1, Eagle Mountain-Saginaw Maintenance & Transportation Facility Addition, an addition to Tarrant County, Texas, by plat recorded in Instrument Number D209031826, said County Records, and in the north line of that tract of land, described as "'Tract 6"by deed recorded in Volume 2542, Page 1, said County Records; THENCE S 89°39'36"W, 1086.06 feet, with the south line of said remainder tract and said north line,to a 518 inch iron rod, with plastic cap stamped"PELOTON" found; THENCE S 89039'22"W, 344.42 feet, continuing with said common line; THENCE N 00021'35"W, 88.74 feet, departing said common line,to the POINT OF BEGINNING; THENCE over and across said remainder tract, the following courses and distances: N 00021'35"W, 26.59 feet; N 29038'25"E, 11.41 feet; N 00021'35"W, 12.70 feet; S 89038'25"W, 30.16 feet, to the beginning of a curve to the right, With said curve to the right, an arc distance of 47.12 feet, through a central angle of 90°00'00", having a radius of 30.00 feet,the long chord which bears N 45021'35"W, 42.43 feet; N 00019'48"W, 37.52 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 47.12 feet, through a central angle of 90°00'00", having a radius of 30.00 feet, the long chord which bears N 44°40'12"E, 42.43 feet; N 89040'12"E, 106.00 feet; N 44°40'12"E, 28.26 feet, to the beginning of a curve to the right; Peloton Job No.TMS20001 Ft.Worth July 06,2021 G:\JOB\TMS20001_Chapel_Hill_N[F\MasterDev\ Sur\Exhibits\Legals\TMS20001_EXl.doex Page I of Exhibit A With said curve to the right, an arc distance of 30.84 feet, through a central angle of 67°57'06", having a radius of 26.00 feet,the long chord which bears N 78°38'45"E, 29.06 feet, to the beginning of a reverse curve to the left; With said reverse curve to the left, an arc distance of 36.6.5 feet, through a central angle of 22°57'06", having a radius of 91.50 feet, the long chord which bears S 78°51'15"E, 36.41 feet; N 89040'12"E, 76.24 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 40.84 feet, through a central angle of 90°00'00", having a radius of 26.00 feet,the long chord which bears S 459948"E, 36.77 feet; S 00019'48"E, 72.21 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 40.84 feet, through a central angle of 90°00'00", having a radius of 26.00 feet,the long chord which bears S 44°40'12"W, 36.77 feet; S 89039'04"W, 63.19 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 18.46 feet, through a central angle of 66°05'41", having a radius of 16.00 feet,the long chord which bears N 5718'05"W, 17.45 feet, to the beginning of a reverse curve to the left; With said reverse curve to the left, an arc distance of 31.81 feet, through a central angle of 113°54'08", having a radius of 16.00 feet, the long chord which bears N 81°12'31"W, 26.82 feet, to the beginning of a reverse curve to the right; With said reverse curve to the right, an arc distance of 13.35 feet, through a central angle of 47°48'00", having a radius of 16.00 feet, the long chord which bears S 65°44'25"W, 12.96 feet; S 89038'25"W, 95.10 feet; S 00021'35"E, 49.17 feet; THENCE S 89°38'25"W, 30.71 feet to the Point of Beginning and containing 36,302 square feet or 0.833 acres of land more or less. "Integral Parts of this Document" 1. Description(2 Pages) 2. 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Z aoo rc rl� + as n m nl SI !j ¢ O \ z wUU=> r g � o a o o I I e�nw��o p 1� � L.L Is - m — _— - �-�b01NOHSOHS I I I Nv 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 8 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 Condition of filtration system STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016