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HomeMy WebLinkAboutContract 56920 October 21, 2021 Date Received: 01/04/2022 Permit No.: SWFMA-21-0086 Time Received: 4:25 pm City Secretary No.: 56920 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 27th day of December 20 21_, by and between Beltmill Residential Community, Inc. (the "Association"), the City of Fort Worth, hereinafter referred to as "City", and Beltmill Saginaw, LLC., a ("Beltmill Saginaw"), WITNESSETH WHEREAS, Beltmill Saginaw is the owner of an approximately 10.70 acre remainder tract in the City of Fort Worth described in that certain Special Warranty Deed recorded at Volume 1399,Page 138, of the Real Property Records of Tarrant County,Texas (the "Beltmill Saginaw Property"); and WHEREAS, D.R. Horton-Texas, Ltd., a Texas limited partnership ("D.R. Horton"), is the developer of the Beltmill Phase 1 subdivision adjacent to the Beltmill Saginaw Property (`Beltmill Phase I"); and WHEREAS, D.R. Horton is required to construct drainage improvements in connection with development of Beltmill Phase 1, including a drainage channel and related improvements to be constructed and maintained on a portion of the Beltmill Saginaw Property (the "Facility"); and WHEREAS, Beltmill Saginaw has granted a drainage easement to the City for approximately 43,255 square feet(0.993 acres of land more or less) of the Beltmill Saginaw Property described and depicted in Exhibit A (the `Beltmill Saginaw 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 Beltmill Phase 1, contiguous to the Beltmill Saginaw Easement; and WHEREAS, the City requires that the Facility be adequately maintained; and OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev.11/17/2016 FT. WORTH, TX October 21, 2021 WHEREAS, the Association will be responsible for maintaining the Facility; and WHEREAS, Beltmill Saginaw is a party to this Agreement solely because the Facility will be constructed and maintained on the Beltmill Saginaw Easement owned by Beltmill Saginaw; and WHEREAS, Beltmill Saginaw 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 Beltmill Saginaw 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 October 21, 2021 3. Beltmill Saginaw, the Association, and their successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Beltmill Saginaw 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 Beltmill Saginaw 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 Beltmill Saginaw 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 Beltmill Saginaw, 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 10.70-acre remainder tract owned by Beltmill Saginaw. 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 October 21, 2021 6. This Agreement imposes no liability of any kind whatsoever on the City or Beltmill Saginaw. THE ASSOCIATION AGREES TO HOLD THE CITY AND BELTMILL SAGINAW HARMLESS FROM ANY LIABILITY IN THE 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 BELTMILL SAGINAW,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 Beltmill Saginaw within the drainage easement, which do not impede drainage. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with Beltmill Phase 1, and shall be binding on the Association, its administrators, executors, assigns, heirs and any other successors in interests, including any property owner's association. 9. By signing this Agreement, Beltmill Saginaw (i) acknowledges that the Facility will be constructed and maintained on the Beltmill Saginaw Easement; and (ii) grants to the Association the right of access across the Beltmill Saginaw Property as needed to perform the Association's obligations pursuant to this Agreement. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 11/17/2016 October 21, 2021 10. The City will look solely to the Association for maintenance of the Facility in accordance with the Agreement. The City acknowledges that Beltmill Saginaw has no obligations whatsoever with respect to the Facility except as set out in Section 9. Executed this 27th day of December 2021 CITY: DJ Harrell, Development Services Director City of Fort Worth Date: Dec 27,2021 Approved as to Form and Legality: christa R. Lanrz-Reynolds Christy R.Lopez-Reynolds(Dec 22,2021 14:49 CST) Christy R. Lopez-Reynolds, Contract Compliance Manager: Sr. Assistant City Attorney By signing I acknowledge that I am the City Attorneys Office person responsible for the monitoring and Date: Dec 22,2021 administration of this contract, including ensuring all performance and reporting a� FORT�aa requirements. ATTEST: 'C poo*_�00' 000000y pro0 P� o40, Jannette S.Goodall(Jan 4,202216:06 CST) / op Jannette Goodall, %*%o * d Janie S. Morales, Planning Manager � o a Development Services City Secretary a44 nEXprr�ao City of Fort Worth Date: Jan 4,2022 Date: Dec 22,2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT cJ Rev-11/17/2016 October 21, 2021 Beltmill Residential Community, Inc. B > Name: ` ...,', M, k- Title: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 3 day of 011 yhloty- 2021, personally appeared 'yl j�H a V� of Beltmill Residential Community, 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 Beltmill Residential Community, Inc., and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. "'�� RUTH RESENDEZ RY P,U9�G Notary Public State of Texas ;_:• �=Not Public,State of Texas : .Q Comm. Expires 11-01-2022 Notary ID 131781375 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 October 21, 2021 BeltmWSinw, LLC. By: Name: T16f-l/G'L► Title: GI STATE OF TEXAS § COUNTY OF TARRANT § efore me, the undersigned authority on this 1-71I.JJ day of (2 2021, personally appeared c CY) -M , of Beltmill Saginaw,LLC.,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 Beltmill Saginaw, LLC., and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. c�OgY'NOr Sandy Dunn ?' My Commission Expires . 01/17/2022 Notary Public, SVeWTe'xas '14w l- ID No 124122467 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Dec 27, 2021 by Tyson Thompson, Assistant Director of Development Services of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed by Bichson Nguyen ,�p.RYPGe BICH SON THI NGUYEN Nguyen Date:2021.12.2909:42:58 i Notary Public -06'00' • * STATE OF TEXAS �, GV P Notary I.D. 133389224 Notary Public, State of Texas 9jFoF� My Comm.Exp.Oct. 13,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/19/2020 JLE EXHIBIT A Page 1 of 4 Description of a SWFMA Area BEING a tract of land situated in the B. Thomas Survey, Abstract Number 1497, City of Fort Worth, Tarrant County, Texas, being a portion of that(remainder) tract of land described by deed to Beltmill Saginaw, LLC.,recorded in Instrument Number D220330746, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with plastic cap stamped "Peloton" found at the south corner of said remainder tract, being an ell corner in the west line of that tract of land described by deed to D.R. Horton-Texas, LTD., recorded in Instrument Number D220334094, said County Records, and being in the east right-of-way line of the Fort Worth and Denver Railroad (a called 100 foot right-of-way); THENCE N 36058'59"W, 30.00 feet, with the west line of said remainder tract and said east right-of-way line; THENCE departing said common line over and across said remainder the following bearings and distances: N 53-01'01"E, 370.47 feet N 54048'16"E, 101.72 feet; N 18008'03"W, 33.27 feet; N 19029'03"W, 47.93 feet; N 22017'20"W, 47.55 feet; N 25005'50"W, 47.55 feet; N 27054'20"W, 47.55 feet; N 30043'12"W, 47.64 feet; N 33034'14"W, 48.25 feet; N 36025'16"W, 48.25 feet; N 390 16'18"W, 48.25 feet; N 42007'19"W, 48.25 feet; N 4405821"W, 48.25 feet; Peloton Job No.LHL19001 Tracking No.na FTW September 14,2021 G:\JOB\LHL19001_CRANZ\MASTERDEV\ SURVEY\EASEMENTS\LEGALS\LHL19001_EA24.DOCX Page 1 of EXHIBIT A Page 2 of 4 N 47°49'23"W, 48.25 feet; N 50040'25"W, 48.25 feet; N 53°31'27"W, 48.29 feet; N 560 13'15"W, 48.96 feet; N 56°5l'35"W, 49.83 feet; THENCE N 33°08'25"E, 30.00 feet, to a 5/8 inch iron rod with plastic cap stamped"Peloton" found at an ell corner in the east line of said remainder tract, being an ell corner in the aforementioned west line of said D.R. Horton-Texas tract; THENCE with the common east line of said remainder tract and the west line of said D.R. Horton-Texas tract the following bearings and distances: S 56-51'35"E, 50.00 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 56.13'15"E, 49.83 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 53031'27"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 50040'25"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 47049'23"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 44058'21"E, 49.75 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; S 42007'19"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 39016'18"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 36025'16"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 33034'14"E, 49.75 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; Pcloton Job No.LHL19001 Tracking No.na FTW September 14,2021 G:\JOB\LHL19001_CRANZ\MASTER DEV\ SURVEY\EASEMENTS\LEGALS\LHL19001_EA24.DOCX Page 2 of 3 EXHIBIT A Page 3 of 4 S 30°43'12"E, 49.12 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; S 27054'20"E, 49.02 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; S 25005'50"E, 49.02 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; S 22017'20"E, 49.02 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; S 19029'03"E, 49.02 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 18°08'03"E, 49.98 feet, to a 518 inch iron rod with plastic cap stamped"Peloton" found; S 18002'37E, 5 0.00 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 19048'28"E, 82.20 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; S 57044'32"W, 30.00 feet, to a 518 inch iron rod with plastic cap stamped "peloton" found; N 33°17'59"W, 120.00 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; S 54048'16"W, 62.58 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; THENCE S 53001'01"W, 370.00 feet, with said common line to the Point of Beginning and containing 43,250 square feet or 0.993 acres of land more or less. "Integral parts of this document" 1.Description-3 Pages 2.Exhibit Peloton Job No.LHL19001 Tracking No.na FTW September 14,2021 G:\JOB\LHL19001_CRANZ\MASTERDEV\ SURVEY\EASEMENTS\LEGALS\LHL19001_EA24.DOCX Page 3of3 EXHIBIT A Basis of Bearing is the Texas Coordinate Syste Page 4 Of 4 u North Central Zone 4202, NAD 83 g IRF = Iron Rod Found 0 200 400 M D.R.Horton-Texas,LTD. Inst." D220334094 GRAPHIC SCALE IN FEET o C.R.T.C.T. ''Integral parts of this document'' 5 1. Description 3 Pages pCIO 2. Exhibit oVt LINE TABLE NO. BEARING DIST, L1 N18°0803"W 33.27' ^Ae 1� L2 N19°29'03'W 47.93' N33e 08'25"E /�`�� '�ev h �°'• pj \ L3 N22°17'20"W 47.55' 30.00' ��h e� k, 1 k.� '\h D.R.Horton-Texas,LTD. \ // �� �� x�`�F e ��1� �N �� Inst.4 D220334094 1 / `� a e 10 '1 "� �� (/� e J •, � V• y � � 4 V �4 ��;1' c�•5rO yR�� NO,1'L F o \\ yp eR� $7, P. �zy 1.y ♦T h9O2 'L ��F �ro �?� ti� SSp a 5 20 p,9 OZ �16,,Isi,��O•'I e 5 yp'E 3/ OZ L 3 R a 29 03 9g, \\ p'/ 4f� N21yo 0550 L2 SR9 0 .,E q9. 603 a a 1 \ �, N2 L 1 S�8 y0�0 C N5 16 aoa �v \\\ 101,� E IRF SR8e0ka28E SZZO ��a /RF S19 \ 0.993 Acres o � � �r1 v 'y�0• o IRF o o \ 00 RF S570 44'32"W N01� a��1g 30.00' � N36°58'59"W 30.00' IRF\ Point of D.R.Horton-Texos,LTD. \ Beginning Inst." D220334094 \ C.R.T.C.T. o \ N \ ''Preliminary, this document shall not be \ orecorded for any purpose and shall not \\ be used or viewed or relied upon as a \ a final survey document'' 22 TAC 138.33e \ o Todd A. Bridges, RPLS 4940 a Date: 9/14/2021 N Exhibit of a n SWFMA Area P E LOTO N Situated in the B. Thomas Survey, Abstract Number 1497, II I LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas. 9800 HILLWOOD PARKWAY.SUITE 250 JOB#LHL19001 DRAWN BY: D.Freemon CHECKED BY:T.Brid es DATE: 09-14-21 PAGE#1 of 1 FORT WORTH,TEXAS 76177 PH.#817-562-335D 9 G�\J0B\LHL19001_Cranz\Master Dev\_Survey\Easements\LHL 19001_E A24.dgn SMODELNAMES 9/14/2021 8:46:25 AM a , �����9��9990999�999999999999��9��999 '99 � �®II®1" � ►�� �® ��' �/ IIII9IIIl0l0l0llllllll�llllllll90 �, ©,���.,�,®� ® / clin Oil e t�� lValHWS 02IH1 l 3SVHd IIIN112G O LU z �k = .� d Z a O Of W claw CL J I I Z LL m a 090133HS 3NIlHOiVW zv yv, m e M a ti LLo ✓ a - o c7 00 Q m U a e m m ry Q a v Z Z � z 0:w w L) 1��_J zea sza s lValHWS a2IH1 l 3SVHd IIIN112G LLJ d O z z z RI LLI O w a a a� oo anz a a� -Q�N�o J -- W I I w co 88 a �w _ z� = wa ��a owe ozw � s mw� aLLazzww _ �2 ao= z° ozo o�asaoas Boa a sIam°� a ZZ6133HS 3NIlHOiVW sooaaa ct i _ i ate__ cos 1 a 9 1 \ a 1 I Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 8 Rev.1 1/19/2020 JLE 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 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration system DRAINAGE CHANNEL MAINTENANCE AGREEMENT 9 Rev.1 1/19/2020 JLE Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10 Rev.1 1/19/2020 JLE