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HomeMy WebLinkAboutContract 56921 October 21, 2021 Date Received: 01/04/2022 Perinit No.: SViTNI A-_21-0084 Tinge Received: 4:26 pm City Secretsu')' NO.: 56921 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 27th _day of December 2021 , 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 15.50 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 1"); 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 72,135 square feet(1.656 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 FACILITYMAINTENANCE 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 `!Rj 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 15.50-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 20 21_ CITY: 47�_ DJ e31, Contract Compliance Manager: DlevelapniciA Seniors Director By suing I ackmow-ledge that I ani the City of F�rrt worth person responsible for the monitoring and administration of Dec 27,2021 this cantrac.t- including Date= easuriug all performance an-d r perf ePommg requirements- Approved as to Forte and Legality: Janie S.Morales, PLimnimg Man,ag.er Christy R. `ooez-Revrolds Development Ser<.ices Christy R.Lopez-Reynolds(Dec 22,202114:49 CST) C'hrista R Lopez-Reymolds, Dec 22,2021 Sr- Assistant City Attorney. Date. City Attorneys Office Due. Dec 22,2021 ATTEST: ��F°FOR 00 O� O O �o 0 Tannette S. Goodall 0 V, 0= Jannette S.Goodall(Jan 4,2022 16:07 CST) o O O Jannette Goodall, � °°°°°°°°°°° ICY City Secretary �EXAsa� OFFICIAL RECORD CITY SECRETARY Date: Jan 4,2022 FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 5 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 byBichson Nguyen Nguyen Date:2021.12.2816:54:55 06'00' ,�p,RYPGe BICH SON THI NGUYEN 2®� Notary Public Notary Public, State of Texas • * STATE OF TEXAS e Notary I.D. 133389224 9jF OF� My Comm.Exp.Oct. 13,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.1111712016 October 21, 2021 Beltmill Residential Community, Inc. By: �_e'�r �f- Name: �,e„ Q,,. , CI`r)e- Title: STATE OF TEXAS § COUNTY OF TARRANT § �d Before me, the undersigned authority on this 3 day of aU(*V1k,✓ 2021, personally appeared tvl'GL i VI M. 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. ,yp'y — RUTH RESENDEZ � P`e�' Notary Public, State of Texa r_Notary Public, State of Texas ; •'� 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 Beltm LC. By: Name: P--6f Oil Title: e(' STATE OF TEXAS § COUNTY OF TARRANT § ��,,,II Bg^fore me, the undersigned authority on this � day of �.6 2021, personally appeared Dun Nou� of Beltmill Saginaw,LLC.,known to me to be the person whose name is subscr ed 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. M sandy DunnMy Commission Expireso,/,7r2o22Notary Public, Sf t f Texas ID No 124122467 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 Exhibit A Page I of 2 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: COMMENCING at a 5/8 inch iron rod with plastic cap stamped"Peloton"found at the southeast corner of said remainder tract,being an ell corner in a west line of that tract of land described by deed to D. R. Horton-Texas, LTD., recorded in instrument Number D220334094, said County Records, the beginning of a curve to the left; THENCE with the south line of said remainder tract and a north line of said D. R. Horton-Texas tract and said curve to the left, an arc distance of 74.92 feet, through a central angle of 04'10'03", having a radius of 103 0.00 feet,the long chord which bears N 82'13'26"W, 74.90 feet, to the POINT OF BEGINNING; THENCE continuing with said common line and said curve to the left, an are distance of 90.12 feet, through a central angle of 05°00'46",having a radius of 1030.00 feet, the long chord which bears N 86048'50"W, 90.09 feet; THENCE N 05041'36"E, 15.00 feet, departing said common line over and across said remainder tract; THENCE N 29005'25"W, 44.29 feet; THENCE N 72027'22"W, 360.00 feet; THENCE N l 2°31'49"E, 65.52 feet; THENCE S 76004'07"E, 370.00 feet; THENCE N 57036'52"E, 32.60 feet; THENCE N 15050'5l"E, 378.73 feet, to the north line of said remainder tract, being a south line of said D. R. Horton-Texas tract; THENCE S 82038'00"E, 75.96 feet, with said common line, from which a 5/8 inch iron rod with plastic cap stamped"Peloton" bears S 82038'00"E, 92.17 feet; THENCE S 15048'36"W,425.56 feet, departing said common line over and across said remainder tract; THENCE S 05041'33"W, 105.14 feet to the Point of Beginning and containing 72,137 square feet or 1.656 acres of land more or less. "integral parts of this document" 1.Description 2.Exhibit Peloton Job No.LHL19001 Tracking No.CIV EA I FTW September 24,2021 G:\JOB\LHL19001_CRANZ\MASTERDEV\ SURVEY\EASEMENTS\LEGALS\LHL19001_EA26.DOCX Page 1 of 1 MBasis of Bearing is the Texas Coordinate Exhibit A North Central Zone 4202, NAD 83 page 2 of 2 IRF = Iron Rod Found I_n Q The Estates at the Ranch 1 0 200 400 �a, I Section One 1 r� I Cob.A,S1.4406 I GrJ�2�h� C.R.T.C.T GRAPHIC SCALE IN FEET 0 0�\\M��� ( I ''Integral parts of this document'' ire\� 0�(G I I 13 I 14 1. Description - 2 Pages 12 1 1 2. Exhibit a 1 1 1 1 ------- --------------------- -- � I I I CURVE TABLE D.R.Horton-Texos,LTD. NO. DELTA RADIUS I LENGTH I BEARING I DIST. Inst.* D220334094 C1 04°10'03'' 1 1030.00' 74.92' 1 N82-13'26'W 1 74.90' C.R.T.C.T. C2 05°00'46'' 1 1030.00' 90.12' 1 N86-48' 50'W 1 90.09' I I J Beltm)llSaginow.LLC. /S82038"00"E S82a38'00''E (remainder) L 75•96'_ 92.17' INST.• D220330746 I CR.T.CT. (o —FIRE N570 36'52"E U� d I S76e04, 32.60' 2 / N12 31'49"E 65.52' 07,E 370.00, G ki 2 27?2••w 1.656 Acres / 4 36 S05°41'33"W 0, N290 05'25"W 00. 105,14' DD 44.29' __— _ Point of d D.R.Horton-Texas,LTD. I N050 41'36"E C2 C1 IRF Commencing Q Inst.* D220334094 15.00' Point of C.R.T.C.T. Beginning City of Fort Worth O _ ----------------------------------------City of Saginaw Beltmill Saginow.LLC N (remainder) CD INST.• D220330746 ''Preliminary, this document shall not be C.R.T.C.T. orecorded for any purpose and shall not be used or viewed or relied upon as a 0 a final survey document'' 22 TAC 138.33e o Todd A. Bridges, RPLS 4940 a Date: 9/24/2021 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.Freeman CHECKED BY:T.Bridges DATE: 09-15-21 PAGE#1 of 1 FORT WORTH,TEXAS 76177 PH.#817-562-335D g G�\J0B\LHL19001_Cranz\Master Dev\_Survey\Easements\LHL 19001_E A26.dgn SMODELNAMES 9/24/2021 1:38:19 PM a , �����9��9990999�999999999999��9��999 '99 � �®II®1" � ►�� �® ��' �/ IIII9IIIl0l0l0llllllll�llllllll90 �, ©,���.,�,®� ® / a� RHO a- ®� /® VIVO C • r � t�� lVaIIAWS 02IH1 l 3SVHd IIIN112G CD Z po z O w a p o o a W Lo LU 0co - U O pc� a \ E90133HS 3NIIHOIVW 17 _ \ ✓' e z mom �" U) e o � i 1 - I ~I -- -- LL zm S � m \ e� LL� I LL� �m = e� e 3j3 I Iw ' Iz -- — -- I� w �g - •1�I ,� -- _ 190133HS 3NIlHOiVW IValHWS a2IH1 l 3SVHd IIIN112G CD D Q p O o "- Of W6 o ¢ W J I I Z LU CL - i U _ O pc� a L90133HS 3NIlHOiVW 77 HE / I F / - I - � I / -3ARi0 OOOMNRIVW-- I- l(j 0 ,o U a H r � / ar a r _ ur u u� i m h � ^ VI u h 3A414 NMO�y -- P590133HS 3IIIIH:)1VW i 7vai ns O'JIHl l3SHHd IIIN112G CD W Z O U) � o - w w e o a LAAyJ m S'w, U -LL _ su O 02 mmItl �I a 890133HS 3NWHOlHW r` oa I u� 'I z +i W LL ���... i e° e LL 0 I-J r•• O 1 oao o z m m x 1Ni doNys w i m LLn y e i r � r o L�s 990133HS 3NI-NO1HW lValHWS O2IH1 L 3SVHd IIIN112G LLI z a z z O o - O W 3 � � z ¢ W m o 68 z� — wa is .. s`E w3 QOQzzzw 3hl dF R z AExxx —<�� 3 --_99 — gjYQooN zo °~rowWa� w °z !E2 aso�:hiomao s of V10 10 l f +" / o / o i _ U LOC LOC Z0C -- L C LOG U � LZL 133HS-INIIHO LVIN 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