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HomeMy WebLinkAboutContract 56789 Date Received: 12/08/2021 Permit No.: SNN-TMA-21-0065 Time Received: 11:39 AM Citv Secretary No.: 56789 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT,made and entered into this 7th day of_December 2021,by and between Pioneer Point Owners Association,Inc. (the"Association"),the City of Fort Worth,hereinafter referred to as"City", and Boaz Holdings,LP("Boaz Holdings"), WITNESSETH WHEREAS, Boaz Holdings is the owner of an approximately 20.282 acre tract in the City of Fort Worth described in that certain Deed recorded in Instrument Number D212142260, corrected in Instrument Number D213135583, of the Real Property Records of Tarrant County, Texas (the"Boaz Holdings Property"); and WHEREAS, D.R. Horton-Texas,Ltd.,a Texas limited partnership("D.R.Horton"), is the developer of the Pioneer Point Phase 3 subdivision adjacent to the Boaz Holdings Property ("Pioneer Point Phase 3"); and WHEREAS, D.R. Horton is required to construct drainage improvements in connection with development of Pioneer Point Phase 3, including a drainage ditch and related improvements to be constructed and maintained on a portion of the Boaz Holdings Property.(the"Facility"); and WHEREAS, Boaz Holdings has granted a grading easement to the City for approximately 8,606 square feet (0.198 acres of land more or less) of the Boaz Holdings Property described and depicted in Exhibit A (the `Boaz Holdings Easement") for construction and maintenance of the Facility;and WHEREAS, D.R. Horton created the Association to, among other things, own and maintain private open space for Pioneer Point Phase 3, including without limitation Lot l 1 X, Block 10, contiguous to the Boaz Holdings Easement;and WHEREAS,the City requires that the Facility be adequately maintained; and WHEREAS, the Association will be responsible for maintaining the Facility; and OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11l1712016 FT. WORTH, TX August 18, 2021 WHEREAS, Boaz Holdings is a party to this Agreement solely because the Facility will be constructed and maintained on the Boaz Holdings Easement owned by Boaz Holdings; and WHEREAS, Boaz Holdings has no obligations to construct or maintain the Facility and no liability with respect to the Facility; 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 Association, its successors and assigns, shall adequately maintain the Facility at no expense to the City of Fort Worth or Boaz Holdings 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 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 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 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. 3. Boaz Holdings, the Association, and their successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2018 August 18, 2021 Boaz Holdings Easement and to inspect the Facility 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 Association, its successors 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 Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Boaz Holdings Easement 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 neither the City nor Boaz Holdings is under any 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 or Boaz Holdings, such obligation is the Association's. 5. 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 Association, 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 Association 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 Association, but not the underlying 20.282-acre tract owned by Boaz Holdings. 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 Iien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City or Boaz Holdings. THE ASSOCIATION AGREES TO HOLD THE CITY AND BOAZ HOLDINGS HARMLESS FROM ANY LIABILITY IN THE STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2018 August 18, 2021 EVENT THE FACILITY FAILS TO OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH AND BOAZ HOLDINGS, 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 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 IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. The 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 by Boaz Holdings within the grading easement,which do not impede drainage. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas,shall constitute acovenant running with Lot 11X,Block 10,Pioneer Point Phase 3 Addition, and shall be binding on the Association, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. By signing this Agreement, Boaz Holdings(i)acknowledges that the Facility will be constructed and maintained on the Boaz Holdings Easement; and(ii) grants to the Association the right of access across the Boaz Holdings Property as needed to perform the Association's obligations pursuant to this Agreement. 10. The City will look solely to the Association for maintenance of the Facility in accordance with the Agreement. The City acknowledges that Boaz Holdings has STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 August 18, 2021 no obligations whatsoever with respect to the Facility except as set out in Section 9. Executed this 7th day of December 2021. ASSOCIATION: My. l DJ Ha 02109:22C5T) �vi 3a n M, C14rk DJ Harrell, Development Services Director City of Fort Worth Date: Nov 29, 2021 D.t.: Dec 7,2021 Approved as to Form and Legality: chrisfcl R Looez-Reynolds-Reynolds ynolds Contract Compliance �faitager_ Christa R.Lopez-Reynolds(Dec 6,2021 15:09 CST) By sig Aig I ackuow ledge#fiat I ani the luista R_ Lopez-Reynolds, person responsible As sistant ssistant City-Attorney for the monitoring-Md adniiaistration of City Attorney s Office this contract,including Dec 6,2021 ensuring all performance.-md reporting requirements_ ATTES'I; J e Scarlett Morales(Dec 6,2021 16:28 CST) ante S_I1�iorales,Plaunuig hdanagm J odal, d,20, Developinent Senlces J.-wnene Goodall_ City Secretary 0R City of Fort 4Fortlx O0°�°°°°rho Dec 6 2021 o °°O�� Date: Date: Dec 8,2021 d~g° OAP. 0 v o o=� �t000000 ° °o i�,d 4.4�ExpsgA� OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 FT. WORTH, TX August 18, 2021 Pioneer Point Owners Association,Inc. By: Name: Bt�Ilgwl�n C(G✓� Title: ?VPZIdeyl� STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this ��}� day of �V M low 2021, personally appeared h A i%A IM - C140L ke it 61 leLl of Pioneer Point Owners Association,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 the Pioneer Point Owners Association, Inc., and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. V RUTH RESENDEZ Notary Public, State of Texas Notary Public, State of Texas j9T }��F Comm. Expires 11-01-2022 Notary ID 131781375 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11117/2016 August 18, 2021 Boaz Holdings. LP. rr Z Name: A Title: STATE OF TEXAS § COUNTY OF TARRANT § Pefore me, the undersigned authority on this day of 2021, personally appeared WS;j(T?7 of Boaz Holdings. LP., known to me to be tile person whose name is' subscribed to the foregoing instrument and acknowledged to me that the same is the act of Boaz Holdings. LP.,and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. KIMBERLY DAMN L0?ADMA.N,"'A fe Pub. 0 11%taO State of Texas Noutry Pub.fic FT;0 STATE OF TEXAS Not"(1)M 129=97-7 My Comm,E4p,M"27.2022 OFFICIAL RECORD CITY SECRETARY I FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev 110712016 7 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Dec 7, 2021 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson N U en Nguyen g Y Date:2021.12.0710:14:32 o�PaYPUaG BICH SON THI NGUYEN -06'00' 2 Notary Public * * STATE OF TEXAS Notary Public, State of Texas Notary I.D. 133389224 My Comm. Exp.Oct. 13,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 Exhibit A Page 1 of 3 EXHIBIT"A" DESCRIPTION OF A GRADING EASEMENT BEING a tract of land situated in the R. Whitley Survey, Abstract Number 1672, City of Fort Worth, Tarrant County, Texas and being a portion of the remainder of that tract of land described by deed to Boaz Holdings, LP recorded in Instrument Number D212142260,corrected in Instrument Number D213135583, both of 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 the northwest corner of said remainder, being the southwest corner of that tract of land described by deed to VLMC, Inc. recorded in Instrurent Number D218233338, said County Records and being in the east line of that tract of land described by deed to Texas Electric Service Company recorded in Volume 2658, Page 309, said County Records, from which a 1/2 inch iron rod with no cap bears S 00°14'37"E, 699.93 feet; THENCE S 89010'05"E, 30.00 feet,with the north line of said remainder and the south line of said VLMC tract to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found,the POINT OF BEGINNING; THENCE S 89009'53"E, 430.42 feet, continuing with said common line; THENCE S 00050'07"W, 20.00 feet, departing said common line over and across said remainder; THENCE N 89009'53"W,430.21 feet; THENCE N 00014'37"E, 20.00 feet to the Paint of Beginning and containing 8,606 square feet or 0.198 acres of land more or less. "Integral parts of this document" 1. Description 2.Exhibit �t a J4 %cF' TQ'i5 A, BRi&Z' ....,....... ......� ........ .,. r. S.O��S$�4tti� J ` aStJR�tE�r� Peloton Job No.LIAL18001 Tracking No.na FTW May 06,2019 G:170B\LHL18001_BOAT CLUBIMAS-I'ER DEV1_SURVEYIEASEMENTS\LEGAL51LHL18001_EA30.DOCx Page 1 of] y Sasis of Bearing is the Texas Coordinote System 1 1 North CentralZone 4202, NAD 83 EXlllblt A �n 3' 3 g IRF - Iron Rod Found Pa e 2 of 3 V®� IRS - Iron Rod Set M �1 6 l�v 0 n 0 100 200 GRAPHIC SCALE IN FEET Q j I I "Integral parts of this document" 1.Description I 2. Exhibit I I Approximate Loogtion � Gaslfrae Easemerrl Vol.5057.Pg.88.Vol. V LMC.Inc. C.R,T,CT. Ins(` D218233338 I I C14.T.C.T. I I I . I Point of Point of IQo Commencing aI Beginning S890 09153"E 430.42' IRF - 0.198 Acres NOW 14'37" N890 09'53"W 430.21' S000 50'07"W 20.00' 20.00' I al I �• I U I I BOAZ HOLDINGS, LP j INST.# D212142260 Ln N� � ! ( remainder ) 9aI ( Corrected in Inst.# D213135583 ) � I C. R. T. C. T. OI I �• I I I l I I IRf•• L---------- -------... . ...— . Club to boatat Club Road West Bailey Boswell Road T (a called 110 foot right-of-way) n N �E OFLo T� 4 y'4w4►•��rr�+�'"rtS' TQDD A.BRIDGES CL a SU Exhibit „B" n Grading Easement =! P E LOTO N Situated in the R. Whitley Survey, Abstract Number 1E72, 11111 LAND SOLUTIONS City of Fort Worth, Torront County, Texas 9800 HELLWOOO PARKWAY,SUITE 250 JOB#LHL18001 DRAWN BY: D.Freeman CHECKED BY:T-Bridges DATE: 03-12-19 PAGE#1 of 1 FORT WORTH,TEXAS 76177 PH,#817.5623350 G��,1QB\LHLF8QOS_Baot_ I�h� aster Dev',_5urvey\Eosements\LtIL18001-EA30-oqn Default 5l612019 6;20:39 PM Exhibit A Page 3 of 3 <* 1 $ Parcel Closure Report: EA30_MP_CHK <* 2 $ - - - - - - - - - - - - - - - - - - - - - - - - - - - - <* 3 $ Start Coordinates, North: 7008684.1811 East: 2298345.9302 Name: 100 <* 4 $ Line: S 89^ 09' 53" E Dist. : 430.4200 <* 5 $ Line: S 0^ 50' 07" W Dist. : 20.0000 <* 6 $ Line: N 89^ 09' 53" W Dist. : 430.2100 <* 7 $ Line: N 0^ 14' 37" E Dist. : 20.0000 <* 8 $ End Coordinates, North: 7008684.1800 East: 2298345.9337 <* 9 $ Error North: -0.0011 Error East: 0.0035 <* 10 $ Error Direction: N 72A 05' 46" W Total Distance Error: 0.0036 <* 11 $ Error of Closure: 1/247898.1919 <* 12 $ Perimeter: 900.6300 <* 13 $ Area: sq. Feet: 8606.2654 Acres: 0.1976 1VIIIASnS 0JIHl E3Sb d'1NIOd 2 a3NOIJ wLU Q F Z M o • w a0 a O o LU LU a U 5 - a O -a Z - K VtO In M oirl� t U W K Q 2�G�uN 6"'d u�i'N0000eu�iN vi v�i'vi Z 0 U _ 0 WJ p E d m 6 6 0 0 KU� 00 LU li 1 I R.t I _ , I I I I azm'o ciusuus�uu�ob�a�� o � I 1 1T1 1 1 I I I I � 1 1� ) • I � .0o..o�ItL 1 w % ° 1.3_s A I — I ofjzz/ �� fir— �V11MO8 OdlHl EESVHd'1NIOd dEENOld re re n - s F k" giP w F Z o 74 ¢ z O o ? V a ¢ ° 0 = e w a LL F ps wLu a CL w C L7 O - 3 y Z w - a. 9ZO 3NllH31VW. Ea 9 w n €ALL �t �LL III T MOM m i a n �¢ v a; zoo a - LLo 3 I m m e a of a a 9 9'SE9 M 66°er Z'x9 m o of 3 dd x p! p m gx sa ry K � ,.. j(NbAV HlIWSAOV38 � $1 a m . 5x[Zce A Ik d 8 m8'9L8 9 LL8 s a 0'6l8 a VON 0 928 p.. Z EZB 'I v 914B a O'9Z8 a h'LZ8 di di ay dd di d dd di ec ^ e e W — i II --- — -- — — — — — — — - ---_ _. " U) LL U U U I�O o 0 0 o c11 a N p C O C � O I Q IL z a J Z W w 0Lil co bh LQ lVilINUAS Gi Pi E]SVH.1NIOJ i]]NOIJ LU CL a a O - © L'iw_waa��aoazaa _ ss e y� O Oo - O w LL-- - -w � _ - z Q uj Q z o to-ml �_ b b �2 Z w m - i w 15 — _ 41 -L) - 77777 A bl) z.otpjo�o�,mw August 17, 2021 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.11/17/2016 Exhibit "D" Drainage Channel 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 Channel Amount of silt in channel 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 Drainage Channel Quality Structure Type of Drainage Channel Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/19/2020 JLE system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/19/2020 JLE