HomeMy WebLinkAboutContract 58574 Date Received: 12/12/22 Permit No.: SWFMA-22-0087
Time Received: 4:21 p.m. City Secretary No.: 58574
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS STORMWATER FACILITY MAINTENANCE AGREEMENT(the "Agreement")
is made and entered into this 12th day of December 12022, by and among GBTM Sendera,
LLC, acting by and through Bobby Samuel, its duly authorized Authorized Signer, hereinafter
referred to as "Landowner", Lennar Homes of Texas Land & Construction, Ltd., acting by and
through U.S Home LLC, its duly authorized representative, hereinafter referred to as "Developer",
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 Matthew Ashton Survey, Abstract No. 1, Denton County, Texas according to
the deed recorded in County Clerks File No.2020-132253,County Clerk Records, Denton County,
Texas, hereinafter called the "Property"; and
WHEREAS, the Developer is developing the Developer's property (that is adjacent to the
Property) in accordance with the Site Plan/Subdivision Plan known as Madero Phase 4
incorporated herein (as approved by the City, the "Plan"), that provides for management of
stormwater within the confines of the Property; and
WHEREAS, the City, the Landowner and its successors and assigns, agree that the health,
safety and welfare of the residents of the City of Fort Worth, Texas require that temporary on-site
stormwater management facilities (the "Facility") be constructed and maintained on a portion of
the Property in accordance with the Plan; and
WHEREAS, the City requires that the Facility as shown on the Plan be constructed by
Developer at the location and in the dimensions shown and more particularly described by metes
and bounds in the attached Exhibit "A" ("Facility Property") to be owned and maintained by
Landowner, its successors and assigns; and
WHEREAS, the Landowner agrees to maintain the Facility Property until such time as
permanent stormwater management facilities are installed to serve the Property to the
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
specifications required by the City, at which time, the Landowner shall submit an application to
the City to amend or terminate this Agreement and if all required specifications have been met,
to be determined by the City, in its sole discretion, the Agreement will be terminated.
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 Developer shall, at no expense to the City or Landowner, construct the Facility, in
accordance with the design specifications for the Facility attached hereto as Exhibit
"B". Upon completion, Landowner and/or its successors and assigns, shall maintain
the Facility at no expense to the City in accordance with the current standards then in
force and effect in the City and the Operations and Maintenance Plan attached to this
Agreement as Exhibit "C". The Facility includes swales and channels built to convey
stormwater to the Facility, as well as vegetation provided to control the quantity and
quality of the stormwater. Adequate maintenance is herein defined as good working
condition so that the Facility performs its 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. Landowner and/or 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,
as depicted on Exhibits "A" and "B" attached hereto. Components of the Facility that
need maintenance to perform their design function, shall be noted in the inspection
report along with the corrective actions to be taken, if any.
3. The Landowner and its successors and assigns, hereby grants 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 and its successors and assigns, copies of the inspection
findings and a directive to commence with repairs if necessary.
4. In the event the Landowner and/or 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 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.
5. The Landowner and 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, Landowner and 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 fails 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, ITS SUCCESSORS OR ASSIGNS AGREE TO HOLD THE
CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. THE LANDOWNER, ITS SUCCESSORS
OR ASSIGNS COVENANT AND AGREE AND DO HEREBY INDEMNIFY
HOLD HARMLESS AND DEFEND THE CITY, 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, ITS SUCCESSORS OR ASSIGNS TO TEMPORARILY
MAINTAIN THE FACILITY UNTIL THIS AGREEMENT IS TERMINATED
BY THE CITY.
7. Landowner hereby 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.
8. This Agreement shall be recorded among the land records of Denton County, Texas,
and 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 Transfer pursuant to Section 9 below, until an application is
made by the Landowner to terminate this Agreement upon completion of permanent
stormwater management facilities constructed to the City's specifications.
9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is
expressly agreed and understood that the liabilities, indemnities and obligations of
Landowner hereunder shall expire and be of no further force or effect upon the transfer
("Transfer") by Landowner to its successors or assigns of legal title to the Facility
Property, save and except for any liabilities, indemnities and obligations of 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.
10. Upon completion of permanent stormwater management facilities serving the Property
Landowner shall submit an application to terminate this Agreement and pay application
fees in effect at the time of submission. If the permanent stormwater management
facilities are complete, as determined by the City in the City's sole discretion, the City
agrees to terminate this Agreement.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
Executed this 12th day of December v 2022
CITY: LANDOWNER:
GBTM Sendera, LLC
a Delaware limited liability company
Dana Bu(ghdvff
Dana Burghdoff OJec 12,2022 09:42 CST) By: GRBK Edgewood LLC
Dana Burghdoff, a Texas limited liability company,
Assistant City Manager its Development Manager
City of Fort Worth
By:
Bobby Samuel,A keeized Signer
Date: Dec 12, 2022 Date: 1 ,22 ?--
Approved as to Form and Legality: DEVELOPER:
Lennar Homes of Texas Land&
Construction,Ltd.
a Texas limited partnership
0 fly
Thomas Royce Hansen, By:U.S. Home LLC,
Assistant City Attorney 11 a Delaware limited company(as successor-
City Attorney's Office in-interest by conversion from U.S.Home
Corporation,a Delaware Corporation),
Date: Dec 9, 2022 Its: General Partner
4.044U�n�
1� oo—o..O, B 9L.
ATTEST: P. o��� Jenne r Eller,A or'tzed Agent
Pvoo=d j` y +�
C ._[!� 4.! - !r
PQ�F aoao a� Date: t ,.
,79nette S Goodall a44 nez 4iz�
Jannette S.Goodall(DeC J2,2=15:43 CST)
Jannette Goodall, Contract Compliance Manager:
City Secretary By signing I acknowledge that I am the
City of Fort Worth person responsible
Dec 12,2022 for the monitoring and administration of this
Date; contract,including
ensuring all performance and reporting
requirements.
Matt n&a Ott,LdWZ4 a>G
Matt Tilly on beha of(Dec 9,2022 12: 8CS
Rebecca Owen, Planning Manager
Development Services
Date: Dec 9, 2022
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/0112022 ON 5
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CITY:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 1jC'C, k2/ 01Oe-4,)- by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth,on behalf of the City of Fort
Worth.
BROOKE BONNELL
oS Notary Public,State of Texas
* Comm.Expires 10.11-2028 Notary'Public, State of Texas
1/01 1% Notary ID 134009525
LANDOWNER:
STATE OF §
COUNTY OF (j j j f In §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Bobby Samuel, Authorized Signer
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 GRBK Edgewood LLC,the Development Manager
of GBTM Sendera, LLC, a Delaware limited liability company, and in the capacity therein
stated.
r
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of Wa ram,20 .
KRISTY LYN CHANDLER l
i� \fin Notary ID J/129770238
My Commission Expires of y Publfi ,St to
�FoF April 1,2026
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.03/01/2022 BN
DEVELOPER:
STATE OF USG.CD §
COUNTY O 2 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared
(name),) L- ov t a e� (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 6-vn nOLy-rNnl-ss
���e✓1. i -x�p2cl �Grt~r�ars[24ontity type)and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
ofn CNQ-1- ny= a-r , 20 2'L
Notary Public, State of
e
LAURA LYNN SALGADO
Notary ID#125169119
My commission Expires January 18, 2025
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.031011202213N
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
EXHIBIT"A"
1.753 ACRE STORM WATER FACILITY MAINTENANCE AGREEMENT
BEING 1.753 ACRES OF LAND SITUATED IN THE MATTHEW ASHTON SURVEY,ABSTRACT NO. 1, CITY OF
FORT WORTH, DENTON COUNTY,TEXAS,AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO
GBTM SENDERA, LLC, AS RECORDED IN COUNTY CLERKS FILE NO. 2020-132253, REAL PROPERTY
RECORDS, DENTON COUNTY,TEXAS,AND BEING MORE PARTICULARY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID GBTM TRACT,AND FROM WHICH THE SOUTHEAST
CORNER OF SAME TRACT BEARS NORTH 89°36'09" EAST,A DISTANCE OF 664.51 FEET,AND FROM WHICH A
5/8-INCH IRON ROD WITH CAP STAMPED "PELOTON" BEARS NORTH 89°36'09" EAST, A DISTANCE OF
0.77 FEET;
THENCE SOUTH 89°3609" WEST, WITH SAID SOUTH LINE,A DISTANCE OF 1,090.92 FEET;
THENCE DEPARTING SAID SOUTH LINE, OVER AND ACROSS SAID GBTM TRACT,THE FOLLOWING
COURSES AND DISTANCES:
NORTH 00°19'50" WEST,A DISTANCE OF 70.00 FEET;
NORTH 89°36'09" EAST, A DISTANCE OF 1,090.83 FEET;
SOUTH 00°23'51" EAST, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 1.753 ACRES (76,361 SQ. FEET) OF LAND.
Aaron b--Bro n, R.P.L.S. August 22, 2022
Registered Professional Land Surveyor
Texas Registration No. 6702 CE.••�T f~ TF'
LJA Surveying, Inc. .�?•�o` W''o-+y
3017 West 71' Street, Suite 300
Fort Worth, Texas 76107 AARON C. BROWN
682-747-0800 .`"..........................
:q 6702
TBPELS Firm No. 10194382 !`•-po� �o�P•�
Page 1 of 2
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HORIZONTAL DATUM:
THE BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83
(NAD83 (2011) EPOCH 2O10), AS DETERMINED BY GPS OBSERVATIONS. ALL DISTANCES SHOWN HEREON ARE 1 INCH = 200 FT.
o THE RESULT OF THE APPLICATION OF A SURFACE ADJUSTMENT FACTOR OF 1.00015063 FROM THE ORIGIN (0,0).
DATE: 08/22/2022 EXHIBIT "A" ���
PAGE Z DRWN BY: J.S.G. 1.753 ACRE STORM WATER FACILITY LJA Surveying, Inc.
oMAINTENANCE AGREEMENT 3017 West 7th Street Phone 682.747.0800
x CHKDBY: A.C.B. SITUATED IN THE Suite300
OF 2 PROJ NO. 0112 MATTHEW ASHTON SURVEY,ABSTRACT NO.1 Fort Worth,Texas 76107 T.B.P.E.L.S.Finn No.10194382
N CITY OF FORT WORTH,DENTON COUNTY,TEXAS
EXHIBIT "B"
MADERO PHASE 4 CONSTRUCTION PLAN SHEETS:
• DRAINAGE AREA MAP
• STORM DRAIN PLAN & PROFILES
• SWALE PLAN & PROFILES
• GRADING PLANS
• EROSION CONTROL PLAN
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Exhibit "C"
CITY OF FORT WORTH DRAINAGE CHANNEL
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 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
channel
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
Drainage Channel
Quality Structure
Type of Drainage
Channel Quality
Structure
Structure type and
Condition
Condition of Rip-Rap
Condition of filtration
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
system
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE