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HomeMy WebLinkAboutContract 58713Date Received: 1/12/2023 Time Received: 8:34 a.m. Permit No.: SWFMA-22-0074 City Secretary No.: 58713 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 13t h day of January 2023 , by and between South Freeway Fort Worth Owner, LP, acting by and through Chad Parrish, its duly authorized signer, 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 J. Phillips Survey, Abstract No. 1232, Tarrant County, Texas according to the deed recorded in Instrument No. D222136083, 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 McPherson Blvd Development, 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 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. S. 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 13th day of January CITY OF FORT WORTH b� BccNAlu7o�f Dana Burghdoff(19in 10, 20 16:23 CST) Dana Burghdoff Assistant City Manager City of Fort Worth Date: J an 10, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Jan 9, 2023 ATTEST: 4 laeege 4e S 600daa Jannette S. Goodall (Jan 12, 2023 08:33 CST) Jannette S. Goodall City Secretary Date: Jan 12, 2023 bd440�n� �,00FOR?��d o0 add °ono o=a° pP�o 00 *� Battn00000000 EXA?op 2023 I WA01 011A0191:7 South Freeway Fort Worth Owner, LP a Delaware limited partnership By: South Freeway Fort Worth GP, LLC a Delaware limited liability company Its: General Partner By: South Freeway Fort Worth JV, LLC a Delaware limited liability company Its: Manager J— � By: Chad Parrish Its: Authorized Signer Date: 3 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 1g/ gaa pla?eg 014191I Rebecca Diane Owen (Jan 10, 2023 07:54 CST) Rebecca Owen Planning Manager Date: Jan 10, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARR.ANT § This instrument was acknowledged before me on JA N IC;"\ 6093 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. .BROOKE BONNELL ,Notary Pubic, State of Texan Comm. Expires to 11.2026 � Notary ID 134009526 Notary Public, State of Texas h LANDOWNER STATE OF*✓C4 § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of : (; , on this day personally appeared cla Gi (name), WHY17f %J _ (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 stated. (entity), a (entity type) and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of (� /1 ivc 24r_, y A nA /lYi1� .fAI n t1,�1 Notary Megan Nichols Azinger My commission Expims 0SIM025 ID No.13314MSI STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN EXHIBIT "A" 57,452 SQ. FT. TRACT SITUATED IN THE J. PHILLIPS SURVEY, ABSTRACT NO. 1232 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING A 57,452 SQUARE FOOT TRACT OF LAND SITUATED IN THE J. PHILLIPS SURVEY, ABSTRACT NUMBER 1232, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED TO SOUTH FREEWAY FORT WORTH OWNER, LP BY DEED RECORDED IN INSTRUMENT NUMBER D222136083, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FROM A 5/8 INCH REBAR FOUND FOR THE SOUTHWEST CORNER OF SAID SOUTH FREEWAY TRACT, SAME BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAGE CREEK DRIVE (50 FOOT RIGHT-OF-WAY) AND BEING THE NORTHWEST CORNER OF A REMAINDER TRACT OF EXHIBIT 'A-10"SHARON R. LUCK BY DEED RECORDED IN INSTRUMENT NUMBER D214000601, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 21 MINUTES 47 SECONDS EAST, A DISTANCE OF 49.38 FEET TO A POINT ON THE NORTH LINE OF SAID EXHIBIT "A-10", SAME BEING A SOUTH LINE OF SAID SOUTH FREEWAY TRACT, SAID POINT BEING THE POINT OF BEGINNING AND BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 20 MINUTES 40 SECONDS AND A CHORD BEARING AND DISTANCE OF NORTH 45 DEGREES 27 MINUTES 53 SECONDS WEST, A DISTANCE OF 56.74 FEET; THENCE WITH SAID CURVE TO THE RIGHT, OVER, ACROSS AND UPON SAID SOUTH FREEWAY TRACT, AN ARC LENGTH OF 63.07 FEET; THENCE THE FOLLOWING CALLS, OVER ACROSS AND UPON SAID SOUTH FREEWAY TRACT TO A POINT FOR CORNER: NORTH 00 DEGREES 17 MINUTES 33 SECONDS WEST, A DISTANCE OF 448.77 FEET; BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 38.86 FEET, A CENTRAL ANGLE OF 180 DEGREES 00 MINUTES 09 SECONDS AND A CHORD BEARING AND DISTANCE OF NORTH 89 DEGREES 43 MINUTES 56 SECONDS, A DISTANCE OF 77.72 FEET; AN ARC LENGTH OF 122.09 FEET; SOUTH 00 DEGREES 15 MINUTES 54 SECONDS EAST, A DISTANCE OF 368.74 FEET; NORTH 89 DEGREES 44 MINUTES 02 SECONDS EAST, A DISTANCE OF 23.78 FEET; BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 16 DEGREES 19 MINUTES 10 SECONDS AND A CHORD BEARING AND DISTANCE OF SOUTH 82 DEGREES 06 MINUTES 23 SECONDS EAST, A DISTANCE OF 9.94 FEET; AN ARC LENGTH OF 9.97 FEET; NORTH 32 DEGREES 39 MINUTES 17 SECONDS EAST, A DISTANCE OF 28.95 FEET; BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 9.50 FEET, A CENTRAL ANGLE OF 69 DEGREES 23 MINUTES 23 SECONDS AND A CHORD BEARING AND DISTANCE OF SOUTH 34 DEGREES 57 MINUTES 40 SECONDS EAST, A DISTANCE OF 10.81 FEET; AN ARC LENGTH OF 11.51 FEET; SOUTH 32 DEGREES 39 MINUTES 17 SECONDS WEST, A DISTANCE OF 23.37 FEET; BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 44 DEGREES 24 MINUTES 40 SECONDS AND A CHORD BEARING SOUTH 35 DEGREES 08 MINUTES 23 SECONDS EAST, A DISTANCE OF 26.46 FEET; AN ARC LENGTH OF 27.13 FEET; BEING THE BEGINNING OF A CURVE TO THE LEFT WITH A RADIUS OF 79.00 FEET, A CENTRAL ANGLE OF 26 DEGREES 31 MINUTES 05 SECONDS AND A CHORD BEARING AND DISTANCE OF SOUTH 26 DEGREES 11 MINUTES 35 SECONDS EAST, A DISTANCE OF 36.24 FEET; AN ARC LENGTH OF 36.56 FEET; BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 36.50 FEET, A CENTRAL ANGLE OF 35 DEGREES 29 MINUTES 18 SECONDS AND A CHORD BEARING AND DISTANCE OF SOUTH 21 DEGREES 42 MINUTES 29 SECONDS EAST, A DISTANCE OF 22.25 FEET; AN ARC LENGTH OF 22.61 FEET; SOUTH 74 DEGREES 41 MINUTES 29 SECONDS EAST, A DISTANCE OF 34.47 FEET; SOUTH 82 DEGREES 29 MINUTES 01 SECONDS EAST, A DISTANCE OF 20.43 FEET; NORTH 89 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE OF 254.80 FEET; BEING THE BEGINNING OF A CURVE TO THE LEFT WITH A RADIUS OF 22.79 FEET, A CENTRAL ANGLE OF 20 DEGREES 40 MINUTES 15 SECONDS AND A CHORD BEARING AND DISTANCE OF NORTH 79 DEGREES 18 MINUTES 30 SECONDS EAST, A DISTANCE OF 8.18 FEET; AN ARC LENGTH OF 8.22 FEET; SOUTH 69 DEGREES 21 MINUTES 40 SECONDS EAST, A DISTANCE OF 43.89 FEET; OF j THENCE SOUTH 22 DEGREES 03 MINUTES 58 SECONDS WEST, OVER, ACROSS AND UPON SAID SOUTH FREEWAY TRACT, A DISTANCE OF 11.39 FEET TO A POINT ON THE NORTH LINE OF SAID EXHIBIT 'A-10" TRACT, SAME BEING Vje �1�, THE SOUTH LINE OF SAID SOUTH FREEWAY TRACT; ..................... THENCE SOUTH 89 DEGREES 21 MINUTES 47 SECONDS WEST, WITH THE NORTH LINE OF SAID MARK N. PEEPLES EXHIBIT 'A-10" TRACT, A DISTANCE OF 347.13 FEET TO A POINT ON THE NORTH LINE OF SAID EXHIBIT "A-10" TRACT; ..° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° THENCE NORTH 51 DEGREES 13 MINUTES 06 SECONDS WEST, DEPARTING THE NORTH LINE OF SAID 6443 P EXHIBIT "A-10" TRACT, OVER, ACROSS AND UPON SAID SOUTH FREEWAY TRACT, A DISTANCE OF 19.17 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 36.50 FEET, A ° �FE S\�•'"° CENTRAL ANGLE OF 49 DEGREES 13 MINUTES 36 SECONDS AND A CHORD BEARING AND DISTANCE OF SOUTH 65 ° ° DEGREES 45 MINUTES 30 SECONDS WEST, A DISTANCE OF 30.41 FEET; u ° THENCE WITH SAID CURVE TO THE RIGHT, OVER, ACROSS AND UPON SAID SOUTH FREEWAY TRACT, AN ARC LENGTH OF 31.36 FEET TO A POINT ON THE NORTH LINE OF SAID EXHIBIT "A-10 , THENCE SOUTH 89 DEGREES 21 MINUTES 47 SECONDS WEST, WITH A NORTH LINE OF SAID EXHIBIT "A-10" TRACT A R LS No. 6443 DISTANCE OF 82.32 FEET TO THE POINT OF BEGINNING AND CONTAINING 57,452 SQUARE OR 1.319 ACRES OF LAND, MORE OR LESS. 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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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