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HomeMy WebLinkAboutContract 57584 Date Received: 05/20/2022 Permit No.: SWFMA-22-0038 Time Received: 1:51 PM City Secretary No.: 57584 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 19th day of May 2022, by and between CRP/RW Beechwood MF Owner, L.P., a Delaware limited partnership acting by and through Michael Blair, its duly authorized representative hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as a tract of land situated in the C Sutton Survey, Abstract No. 1561, City of Fort Worth, Denton County, Texas as described in deed to CRP/RW Beechwood MF Owner, according to Instrument No. 2021-171436 recorded in the Official Public Records of Denton 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 Beechwood Double Eagle 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 storm water 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 FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.03/01/2022 BN 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.03/01/2022 BN 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 Denton 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 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.03/01/2022 BN 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 Denton 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 owner's association. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.03/01/2022 BN Executed this 19th day of May 2022. CITY: LANDOWNER: Dana BU✓cil�doFf Dana Burghdoff ay 19,2022 09:03 CDT) Dana Burghdoff, CRP/RW Beechwood MF Owner, L.P. Assistant City Manager Michael Blair City of Fort Worth Date: May 19,2022 Date: s/c3 a:- Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: May 18,2022 ATTEST: C (on behalf of) Contract Compliance Manager: By signing I acknowledge that I am the Jannette Goodall, �4nn� person responsible City Secretary �qa �� City of Fort Worth Oz °FOR?- for the monitoring and administration of a�o °°O�� this contract, including Date: May 20,2022 P.•o °o4 ensuring all performance and reporting 0t�° o=d requirements. 0 0 0 �d °o°O0000°°°oo Ice Janie S. Morales, Planning Manager Development Services Date: May 18,2022 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.03/01/2022 BN FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on May 19, 2022 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson Nguyen RYPG BICH SON THI NGUYEN Nguyen Date::123522.05.19 o�P e� 10:12:35-05'00' 2 A Notary Public *�3 * STATE OF TEXAS Notary Public, State of Texas .y�OFP Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 STATE OF § COUNTY OF § /' BEFORE ME, the undersigned authority, a Notary Public in and for the State of L i-. , on this d y personally appeared /�l/'(,�&e r P/a,� V G� (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of CRP/ DI�"4h N;�4*/', (entity), a (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3/ k day of �� , 20 22 . TlL44fi,� �r� O�AR�- q,�;' Notary Public, State of �P�,,a,,� � EXPIRES = `�" yZG1A pu0ust puati�G��,; NN„�� . `�� OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX Rev.03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.03/01/2022 BN Exhibit "A" LEGAL DESCRIPTION STORMWATER FACILITIES MAINTENANCE AGREEMENT BEING a 23,642 square foot (0.5427 acre) tract of land situated in the C Sutton Survey, Abstract No. 1561, City of Fort Worth, Denton County, Texas; said tract being part of a called 23.0931 acre tract of land described in Special Warranty Deed to CRP/RW Beechwood MF Owner, L.P., recorded in Instrument No. 2021-171436 of the Official Public Records of Denton County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the southeast corner of the said called 29.0931 acre tract; from said point a 5/8-inch iron rod with "KHA" cap found bears North 0°32'49"West, a distance of 406.17 feet; THENCE North 89°33'04" West, along the south line of said called 23.0931 acre tract, a distance of 25.61 feet to a point; THENCE North 0026'56" East, departing the said south line of the said called 23.0931 acre tract, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE North 89o33'04"West, a distance of 70.74 feet to a point for corner; THENCE North 00°26'22" East, a distance of 356.31 feet to a point for corner; THENCE South 86'11'47" East, a distance of 49.30 feet to a point for corner; THENCE South 44°33'04" East, a distance of 16.07 feet to a point for corner; THENCE South 00°26'56"West, a distance of 51.27 feet to a point for corner; THENCE South 89°33'04" East, a distance of 5.16 feet to a point for corner; THENCE South 00032'49" East, a distance of 290.84 feet to the POINT OF BEGINNING and containing 23,642 square feet or 0.5427 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. STORMWATER FACILITIES MAINTENANCE AGREEMENT C. SUTTON SURVEY OF rFL ABSTRACT NO. 1561 MICHAEL C. BILLINGSLEY co�; �r1GISTE/ O-.,`9s CITY OF FORT WORTH REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 ........................••••.••• DENTON COUNTY, TEXAS 801 CHERRY STREET, MICHAEL CLEO BILLINGSLEY UNIT 11 SUITE 1300 ••., ,0 6558 v: ••• Kimlev))) Horn FORT WORTH, TEXAS 76102 �q .0FESS�� e o� PH. 817-335-6511 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 Q •S•U R v�y Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com michael.billingsley@kimley-horn.com Scale Drawn by I Checked by Date Project No. I Sheet No. NIA CRG MC8 5/5/2022 061318400 1 OF 2 BILLINGSLEY,MICHAEL 5/9/2022 10:52 AM\\KIMLEY-HORN\TX_FTW\FTW_SURVEY\061318400-BEECHWOOD MF FORT WORTH\DWG\061318400-BEECHWOOD MF FORT Exhibit "A" �— — 5/8"IRFC t "KHA" NORTH L3 LOT 23 0 30 60 , BLOCK G z z OAK CREEK GRAPHIC SCALE IN FEET I to J � y TRAILS,PHASE 2 m 1 Q INST. NO.2017-126 L6 > w CO j — ti J LINE TABLE ¢ LOT 6 NO. BEARING LENGTH L1 N89°33'04"W 25.61' z d L2 N00°26'56"E 35.00' _ LOT 5 co L3 S86°11'47"E 49.30' ¢ ¢ r' 00 Co L4 S44°33'04"E 16.07' a w w L5 S00°26'56"W 51.27' c I Z 04 M O CO y L6 S89°33'04"E 5.16' (0 o M `� LOT 4 4 O Z O V V N C7 CALLED 23.0931 ACRES ZL LOT 3 CRP/RW BEESHWOOD MF OWNER,L.P. fI INST.NO.2021-171436 0.5427 ACRES / LOT 24 LEGEND 23,642 SQ. FT. — — - I P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING LOT 2 IRF=IRON ROD FOUND IRFC=IRON ROD W/CAP FOUND LOT 25 NOTES N89'33'04"W 70.74' Bearing system based on the Texas Coordinate System I P•0•C of 1983 (2011 adjustment), North Central Zone (4202). A P.O.B. LOT 1 metes and bounds description of even survey date — — — — L1 1/2"IRF herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out STORMWATER FACILITIES the metes and bounds of the easement tract. MAINTENANCE AGREEMENT C. SUTTON SURVEY �k�� '- �Q� GOF..TFy ABSTRACT NO. 1561 MICHAEL C. BILLINGSLEY �; ' moo'' .cP CITY OF FORT WORTH REGISTERED PROFESSIONAL ' LAND SURVEYOR NO. 6558 ...."••""""•••"......•..... DENTON COUNTY, TEXAS 801 CHERRY STREET, MICHAEL CLEO BILLINGSLEY UNIT 11 SUITE 1300 0 6558 �,; FORT WORTH TEXAS 76102 �•'••:�o �� `� ' Kimlev* Horn 9 FESS\), o PH. 817-335-6511 41 G For Cherry Street,Unit 11,#1300 Tel.No. ley-h 335-6511 O••.S•�•R•v `� Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com michael.billingsley@kimley-horn.com Scale Drawn by Checked by Date ProiectNo. Sheet No. 1"=60' CRG MCB 5/5/2022 061318400 2 OF 2 BILLINGSLEY,MICHAEL 5/9/2022 10:52 AM\\KIMLEY-HORN\TX_FTW\FTW_SURVEYN061318400-BEECHWOOD MF FORT WORTH\DWG\061318400-BEECHWOOD MF FORT EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS svois�naa H SVX31'A1NnOD NO1N30 �1 HN Hi?]OM iHOJ JO A11O ��iwd�-il�nw NV,d ` -H sd uaOH]��(r/\al���oo b ��� d.,,y, IM:IiNOONOISObO wU o; mov3 3-ienoa QOOMHO338 LIMA ss OO w e LL _ _ -- -- -- -- -- • 3 11 I I I LI II -- - — I� NOI1N31304360dOJd ---- � _ �wz a � Sl"Lb9=3jj NIW s Z`JNIQlln9 \ �I / opt 11 e a _ _ ti Q1 /zl by "p>igg p J svois�naa SVX31'A1NnODjO NO1N30 AlIJ `,a,, Ai �nw ddw v7l Jv uaOH]��(r/\al��Noo b ��� w, d., 30b' MAG 43SOdMAd r c� �;_; 4� 3�Jb'3 3�enoa " ' QOOMH0338 � &� wl i 1 �O � •• o1H°M 3a. — — — I I I II II i ------------------------- (I D i } I rt ° I 6 �o /V R ° I 1� i / ail oo � �� oar, �' , r� � y �, � � � ♦� F e �� � Gi 1 a EL svo(s�naa SVX31'A1NnODjO NO1N30 AlIJ JIIIWb'�-uinn NvIdallod =N UJOHO(AalwlN H � H 3�oadd�l �d,,,y,s 3-lov3 a 3-ieno ' QOOMH0338 3 a o z e o 3 _ � I / s -Ni �pouFw �, i W 6 o F I �a I I jll --- Pv a -' I el�1�✓ F—_ o I twil ow LU LL o a --- m eke AA ��-- Ri161rv31N1S3nNi iiV III (533�,tv15'oroa a3ntl�1 I I II a � a z J o w al L w aIN a1-1 11 LO ————tt z � blal IIIIIIII= IIIIIIL _ � T [s�'zozzoz]-im�iaae ao�anssi e 0. v� SVX31'H12JOM1b03 +� dl'?ONMO dW OOOMHO338 M2J/&13 N -�� OOOMHO339s c < �'� r�ou y3ew Ni�3road = m �j Q cr -�JJJJ JJJ 5. 2. a A of w, �r cos 9,/ d I' � Is a e m u o i �s I Y I' q10 ® I< o L� I � F ti ig _ � g 3 s 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. 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