HomeMy WebLinkAboutContract 57722 Date Received: 06/28/2022 Permit No.: SWFMA-22-0039
Time Received: 2:08 pm City Secretary No.: 57722
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of June
2022, by and between Titan APC Trailhead, LLC, a Texas limited liability company,
acting by and through Ben F. Spencer, its duly authorized representative, hereinafter
referred to as "Landowner", and the City of Fort Worth,hereinafter referred to as "City".
WITNESSETH
WHEREAS,the Landowner is the owner of certain real property described as a tract
of land situated in the Juan Albirdado Survey, Abstract Number 4, City of Fort Worth,
Tarrant County, Texas, according to document number D222103524 of Deed 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 Trailhead at Chisholm Trail Ranch,
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
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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.03/01/2022 BN
FT.WORTH, TX
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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.03/01/2022 BN
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 Tarrant 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 PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
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 SUCH 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 Tarrant 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 24th day of June___ 2022
CITY: LANDOWNER:
Titan APC Trailhead, LLC
By:Titan Property Management,LLC, its
Manager
✓mq 1�GG�G1`IGtO
Dana Dana Bur�24,202� 6 „
Dana Burghdoff By:Ben F. Spencer
Assistant City Manager Title: Manager
City of Fort Worth
Date: Jun 24, 2022
Date: June 9,2022
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: Jun 23, 2022
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~ Contract Compliance Manager:
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.7�`I`IG��G c1 GDOG��GG �O o o=� By signing I acknowledge that I am the
Jannette S.Goodall(Jun 28,202213:54 CDT) A °° °°o° °o �`� person responsible
Jannette Goodall, ��Zj�EXASdda for the monitoring and administration of
City Secretary this contract, including
City of Fort Worth ensuring all performance and reporting
Date:
Jun 28, 2022 requirements.
Janie S.Morales,Planning Manager
Development Services
Date: Jun 23, 2022
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev.03/01/2022 BN
CITY SECRETARY
FT.WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 24, 2022 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
Bichson Digitally signed by
Bichson Nguyen
Nguyen Date:2022.06.28 02:11:54
1�9
BICH SON THI NGUYEN -05'00'
Notary Public
STATE OF TEXAS y Notat 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.03/01/2022 BN
STATE OF NEW MEXICO §
COUNTY OF BERNALILLO §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
New Mexico, on this day personally appeared Ben F. Spencer, Manager of Titan Property
Management,LLC, as Manager of Titan APC Trailhead, LLC,on behalf of the company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this `�day
of June, 2022.
A;,A�y ary ublic, State of
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1136M
EXPIRES
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
EXHIBIT "A "
DRA I NA GE EA SEMEN T
A PART OF THE JUAN ALBIRDADO SURVEY, ABSTRACT NO. 4
JPo�'
0 300'
AVANTA-IP FORT WORTH OWNER, LLC SCALE FEET
Q11 / C.C.D. NO. D221325618 1"= 300,
PP D.R.T.C.T.
P
a
S54'05'58"E /
b 55.00'
POINT OF 73,814 SQUARE FEET 1.694 ACRES
BEGINNING �
CITY OF FORT WORTH 20'X75' J
DRAINAGE EASEMENT
PERMANENT DRAINAGE
FACILITY EASEMENT
C.C.D. NO. D216048764 N35'54'02"E OS �R
J D R T C T / 287.65' Py$1 �� $
G
4
o / LEGACY CTW, LP S
N24'53'23"E C.C.D. NO. D221085315
287.96' D.R.T.C.T.
3
N 35'54'02"E
125.29'
N0829'59"W
POINT OF 107.17'
N
COMMENCING McPHERSON BOULEVARD
(VARIABLE WIDTH WAY)
a C.C.D. NO.D2142061420637474
o P.R.T.C.T.
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S
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
0 :. TF
N D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS •
S T ••
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P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of STEPHEN R. GLOSUP
even date accompanies this drawing. l'�� 5570 P;:
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550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107
Tel:817.335.1121 PAGE 1 OF 3
DATE: APRIL 06, 2022 TEXAS REGISTERED SURVEYING FIRM NO.10098100 DUNAWAY JOB NO. B210051.02
0
EXHIBIT "A "
DRA I NA GE EA SEMEN T
A PART OF THE JUAN ALBIRDADO SURVEY, ABSTRACT NO. 4
0 100'
/-S�\ AVANTA—IP FORT WORTH OWNER, LLC
SCALE FEET �O�P C.C.D. NO. D221325618
3 / D.R.T.C.T.
1"= 100' JQ
o J �,
}SAP S7836'14'E
R / 38.07,
,off
S54'05'58"E ss �
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55.00' /
N
ss• DRAINAGE EASEMENT
73,814 SQUARE FEET
3 1.694 ACRES
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POINT OF
BEGINNING LEGACY CTW, LP
a 4D \ C.C.D. NO. D221085315 0
\ \� D.R.T.C.T.
o Off' �9s S`S8 6Y
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C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER OF
•s e••:
N D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS `;.•G\STER 9
LP
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS • •
STEPHEN R. GLOSUP
a A metes and bounds description of
•
; o 5570 r�:�
even date accompanies this drawing. 9'••0'°fSS��A;rZ)
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550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107
Tel:817.335.1121 PAGE 2 OF 3
DATE: APRIL 06, 2022 TEXAS REGISTERED SURVEYING FIRM NO.10098100 DUNAWAY JOB NO. B210051.02
0
EXHIBIT "A "
DRA I NA GE EA SEMEN T
A PART OF THE JUAN ALBIRDADO SURVEY, ABSTRACT NO. 4
PROPERTY DESCRIPTION
BEING a tract of land situated in the Juan Albirdado Survey, Abstract Number 4, City of Fort Worth, Tarrant
County, Texas, being a portion of that certain tract of land described by deed to Legacy CTW, LP, recorded
in County Clerk's Document Number D221085315, Deed Records, Tarrant County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
COMMENCING at a point for the southwest corner of said Legacy CTW, LP tact, the south end of a corner
clip at the northeast intersection of McPherson Boulevard (a variable width right—of—way), Brewer Boulevard
a (a variable width right—of—way), and being in the north right—of—way line of said McPherson Boulevard;
North 08`29'59" West, departing the north right—of—way line of said McPherson Blvd., with said corner clip,
a distance of 107.17 feet to a point in the easterly right—of—way line of said Brewer Boulevard;
With the easterly right—of—way line of said Brewer Boulevard the following courses and distances;
o North 35'54'02" East, a distance of 125.29 to a point;
North 24'53'23" East, a distance of 287.96 feet to a point (55 foot width right—of—way at this point);
E
North 35`54'02" East, a distance of 287.65 feet to a point;
1 South 54`05'58" East, departing the easterly right—of—way line of said Brewer Boulevard and crossing into
c
U said Legacy CTW, LP tact, a distance of 55.00 feet to a point for the POINT OF BEGINNING of herein
described tract of land;
in
THENCE North 35`54'02" East, continuing across said Legacy CTW tract, 55.00 feet east and running parallel
with easterly right—of—way line of said Brewer Boulevard, a distance of 374.99 feet to a point for the
southwest corner of that certain tract of land as described by deed to Avanta—IP Fort Worth Owner, LLC,
3 recorded in County Clerk's Document Number D221325618, Deed Records, Tarrant County, Texas;
THENCE South 54'06'28" East, with the south line of said Avanta—IP Fort Worth Owner tract, a distance of
161.47 feet to a point;
THENCE South 78'36'14" East, continuing with south line of said Avanta—IP Fort Worth Owner tract, a
distance of 38.07 feet to a point;
THENCE South 35'54'02" West, departing the south line of said Avanta—IP Fort Worth Owner tract and
crossing into said Legacy CTW tract, a distance of 390.80 feet to a point;
THENCE North 54'05'58" West, continuing across said Legacy CTW tract, a distance of 196.11 feet to the
POINT OF BEGINNING and containing a calculated area of 73,814 square feet or 1.694 acres of land.
a
U
o NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS
` measurements, according to the GPS Reference Network.
i
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A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect
the results of an on the ground survey.
N DUNAWAY JOB NO. 3210051.02 PAGE 3 OF 3
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Stephe R. EXHIBIT "A"
Glosup
Q Registered Professional Land Surveyor 0 Fsee
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Texas Registration No. 5570 ,\P�G STER• 49 DRAINAGE EASEMENT
srg@dunaway.com •••k F�•�J,
April 06,2022 A PART OF THE
z STEPHEN R. GLOSUP JUAN ALBIRADO SURVEY,
ABSTRACT NO. 4
0
/~ y DUNAWA q�:0 5570,�,�°Ess�°.•
see
550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 S U R
Tel:817.335.1121
o TEXAS REGISTERED SURVEYING FIRM NO.10098100 City of Fort Worth, Tarrant County, Texas.
0
EXHIBIT "B"
DESIGN PLANS
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.11/17/2016
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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 9
Rev.11/17/2016
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