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HomeMy WebLinkAboutContract 56317 Date Received: 01/18/2022 Permit No.: SWFMA-21-0085 Time Received: 9:04 AM City Secretary No.: 56317 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day 11 of Jan. 20 22 , by and between D.R. Horton— TX, Ltd., acting by and through Benjamin M. Clark, its duly authorized Assistant Vice President hereinafter referred to as "Landowner", the Rosewood at Beltmill Residential Community, Inc., hereinafter referred to as "Association" and the City of Fort Worth,hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property of certain tract located in the B. Thomas Survey, Abstract 1497, Tarrant County, Texas according to the deed recorded in Instrument Number D220334094 County 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 Beltmill Phase 1 hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner and Association, 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.11/19/2020 JLE 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, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit"A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. 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 and Association, 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 and 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 Facilities, berms, outlet structure, pond areas, STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE 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. The Landowner and Association, 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 and 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 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 and 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 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 or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and 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 within the drainage easement, which do not impede drainage. Landowner and Association 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of D.R. Horton — TX, Ltd. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by D.R. Horton— TX, Ltd. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of D.R. Horton—TX, Ltd. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. [REMAINDER OF THIS PAGE TO REMAIN BLANK] STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/19/2020 JLE Executed this "th__ day of January 20 22 CITY: LANDOWNER: DJDJ Ha�11,2022 18:40 CST) DJ Harrell, Development Services Director Benjamin M.Clark,Assistant Vice President City of Fort Worth D.R. Horton—Texas LTD. Date: Jan 11,2022 Date: _U -3 -ZA ASSOCIATION Approved as to Form and Legality: p % vv O� NV19� on behalf of Christa Reynolds, Sr. Asst. City Attorney -n CL_(te— City Attorney's Office Date: Jan 11,2022 Date: 10/22/21 ATTEST: ,757 ee" Contract Compliance Manager: Ja&etteS.Goodall(Jan14,202214• CST) Jannette Goodall, �aan�� By signing I acknowledge that I am the City Secretary oaf F on) � person responsible ,�O°V00006.°° d� for the monitoring and administration of City of Fort Worth p�►o 0 f.° ��� this contract, including 0 Jan 14,2022 �v o g=� ensuring all performance and reporting Date: P� o° requirements. 0000000 aa�iZ hEXpSb°G Janie S. Morales, Planning Manager Development Services Date: Jan 11,2022 STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev.11/19/2020 JLE CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Jan 11, 2022 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. ortL Digitally signed by Bichson 11 Bichson Nguyen Nguyen Date:2022.01.12 10:20:49-06'00' 1�9 BICH SON THI NGUYEN Notary Public, State of Texas Notary Public STATE OF TEXAS Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 STATE OF TEXAS § COUNTY OF TARRANT § �d Before me, the undersigned authority on this day of o d t t V 207,1, personally appeared 1V CkvA i%A W1 CL'L& known to me to be the person whose name is subscribed to the foregoing instrument and acknowled ed to me that the same is the act of t 0L LA 0(6 UA RA-- , and that he executed the same as its LAvto(ow%w and as the act of such (.,ay 0j&iyLQ,V and for the purposes and consideration expressed in the foregoing instrument. ei't, Notary Public, State of Texas RzM TH RESENDEZublic of Texas, StateExpires 77-01-2022ry ID 131787375 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/19/2020 JLE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § �d Before me, the undersigned authority on this day of Noll t l/ 201A, personally appeared 01 Ck vA i%A VV1 • CL,%& known to me to be the person whose name is subscribed to the foregoing instrument and acknowled ed to me that the same is the act of t OL LA 0(d UNLeA-- , and that he executed the same as its LAVL0(0W%Wand as the act of such (•,ar, ol&IyLW and for the purposes and consideration expressed in the foregoing instrument. ej-'h 0/jim Notary Public, State of Texas RzM UTH RESENDEZPublic, State of TexasExpires 77-01-2022ry ID 131787375 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/19/2020 JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 001`41/ 22�?,oZ ( by, authorized representative, acting on behalf of the Btlt�+h( �tSldtv�fial CQ1M�nuh� Homeowners Association. AY \y RUTH RESENDEZ ` P PVe- o.: =Not Public, State of Texas `Q4 Comm. Expires 11-01-2022 Notary ID 13178" i FOF Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/19/2020 JLE EXHIBIT A Page 1 of 3 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 tract of land described by deed to D.R. Horton-Texas, LTD., recorded in Instrument Number D220334094, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 518 inch iron rod with plastic cap stamped "Peloton" found at the southwest corner of said D.R. Horton-Texas tract, being the northwest corner of that remainder tract of land described by deed to Beltmill Saginaw, LLC., recorded in Instrument Number D220330746, said County Records and being in the east right-of-way line of the Fort Worth and Denver Railroad (a called 100' right-of-way); THENCE N 89012'38"E, 273.39 feet, with the south line of said D.R. Horton-Texas tract and the not line of said Beltmill Saginaw tract, to the POINT OF BEGINNING, from which a PK nail found in asphalt at the southeast corner of said D.R. Horton-Texas tract bears N 89°12'38"E, 3243.95 feet; THENCE N 31041'35"W, 25.04 feet, departing said common line over and across said D.R. Horton-Texas tract, to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 2.08 feet, through a central angle of 01°35'22", having a radius of 75.00 feet, the long chord which bears N 57°30'44"E, 2.08 feet; THENCE N 56043'03"E, 153.69 feet, to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 148.97 feet, through a central angle of 03°22'49", having a radius of 2525.00 feet, the long chord which bears which bears N 55001'38"E, 148.95 feet; THENCE N 53020'14"E, 89.29 feet; THENCE S 81°18'39"E, 14.06 feet, to the beginning of a non-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 211.33 feet, through a central angle of 04°57'08", having a radius of 2445.00 feet, the long chord which bears S 3 3°22'00"E, 211.26 feet; THENCE S 30053'27"E, 2.48 feet; THENCE S 59°06'35"W, 25.00 feet, to the beginning of a non-tangent curve to the left; Peloton Job No.LHL 19001 Tracking No.na FTW September 14,2021 G:UOB\LHL19001_CRANZ\MASTERDEV\_SURVEY\EASEMENTS\LEG.4LS\LHL19001 EA25.DOCX Page 1 of EXHIBIT A Page 2 of 3 THENCE with said non-tangent curve to the, an arc distance of 196.29 feet, through a central angle of 04°38'50", having a radius of 2420.00 feet, the long chord which bears N 33°09'20"W, 196.23 feet; THENCE S 53c20'14"W, 73.90 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 150.44 feet, through a central angle of 03°22'49", having a radius of 2550.00 feet, the long chord which bears S 55'01'38"W, 150.42 feet; THENCE S W43'03"W, 156.47 feet to the Point of Beginning and containing 15,012 square feet or 0.345 acres of land more or less. "Integral parts of this document" 1.Description—2 Pages 2.Exhibit Peloton Job No.LHL 19001 Tracking No.na FTW September 14,2021 G:UOB\LHL19001—CRANZ\MASTERDEV\—SURVEY\EASEMENTS\LEG.4LS\LHL19001 EA25.DOCX Page 2of2 WV lb:Z£dl LZOZ/bL/6 83WVN1300W9 u6P'SZV3-1006L1H1\sluawaso3\RanjnS-\na0 Jalsoy4\zuOJ3-LO0611H1\80r\:o 410 6 #3Jbd 6Z-K-60 :DIV4 Sa6Pu8'l:AS CEIAO3HO uowaaij'Q :),E]NMVUCI 60066]H1 #80f 0S6�Zs9-119#'Hd M9ZSVX31'Hi8OMia03 OSZ 311l1s'AVMMVJ DOOM-AH 0086 SNoiin-io5 oNVI II`II o o peo� uos4zagoa Xaj�Lm N 010l 3 d N W o co ————— ———— W o V � 2 z 0 o � W — O 00 O w ^ o -C 00 O U o o N_ � cn o N a W �� 0 a a sco a L L 1- a N a ~ w N _ rn co o N o �� \ Lo in N S� 0- rn o o c a v In O a E CD � � � M� OS� ° T o 0NN(n U] Sir W o ° No OO > -0 a N W �� N Q M� 60C! 0 ° 0 7 a a cop MONa N 9 '.� � n oto 00 **A *0 oN Z � ! �• Q Q'J J L,J U O a d 0�6'� °� co o SS, Uv c,SA' oo M I� p z co 'O,°oiQNzu � E X 4-4 N � O � NNOp m � z,4 MLA0Ln�o c 'n v X ao �o LU � cV N-. p NM�a I n u 00 O N Z— if1OA � O ,,�no- � s In • L �sv I • cn + E L o o W i rT , � E J � ^ � + O o N 3 I� W n N N 0 Ln IM f� (, ° wiq�0 0 N N O c H O ^ NZN N o N M > C Z Oro 0C � QQ' JJ W •� u u 00o p L # V 100 o z = IN /� a� o V) p CI00 a z / c� Oaf old N ° / �1� ,off w 0 0 0 �o o // `o�� �le�O �rk J S m c O cn O U - / w I `0 N / / ocn 0 o m cn O O ry . 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LL o � m / 4 I _ / \ / I — .06 I / 1 \ e T \ a\ Z rc9 \ \ w Q ooz j a,� c¶3¢ o v v A I z � \ m T�� y� �• v` Iry \ V90133HS 3NIIHD1VW ,V1LIW8nS 0211H1 EXHIBIT B L 3SHHd„IN112G LLI z ° z J -- W '3 88 iti z = wa ��a owe ozw � s mw� aLLazzww _ �2 ao= z° ozo o�asaoas Boa a sIam°� a ZZ6133HS 3NIIHOiVW sooaaa c:r—\ i i 9 1 \ 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