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HomeMy WebLinkAboutContract 53082 CITY SECRETARY 4,CTFlo. 53090 Np�l \qze DOE # 68 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day o , , by and between Burleson Golf Partners, LLC, acting by and through David Shipman Jr, 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 an approximately 1.5-acre tract located in the Abner Lee Survey, Abstract 931, Tarrant County, Texas according to the deed recorded in D219015492, 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 Thomas Crossing Phase 7 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 Stormwater 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 OFMIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY��SECRETAR Rev.11/17/2016 FT �!1,vORTh,TX 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 Stomiwater 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 peiniission 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 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 owners association. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 Executed this .day 04"k 2019. Landowner City of Fort Worth Buries n Golf T!,adaers, LL By, PA"1,k111 Name: David WpmeKjr. Assistant City Manager Title: Managing Partner Approved as to Form and Legality Assistant City X4ey ATTEST FO& ity Sec t , OFFICIAL RECORD CITY SECRETARY FT WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § �� au r This instrument was acknowledged before me on�kkWg4 fY, f�j by , Assistant City Manager of the City of Fort orth, on behalf of the City of Fort Worth. MF, 1} I. MVO Nnl'i/ r l`F490 F -- Exiirs Decsmb��r 19,202_�i o Public, State of Texas NICOLE LEE SHAFER w�,�p,RV PVe'i STATE OF TEXAS § 2°' Notary Public, State of Texas Comm. Expires 02-27-2021 COUNTY OF TARRANT § Notary ID 12671272-5 Be ore me, the undersigned authority on this day of n(�hwy , 2019, personally appeared b Av ib S.+,e #-N, AR , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of David Shipman Jr, and that he executed the same as its Managing Partner and as the act of such Burleson Golf Partners, LLG and for the purposes and consideration expressed in the foregoin�-in trument. otary Public, State of Texas rOFNUAL RECORD COTY SECRETARY T WORTH,TX 1 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 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. 4;fflo anchez Planning Manager FMCIALRECORD SECRETARYWORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 EXHIBIT "A" CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT BEING a 2.229 Acre tract in the Abner Lee Survey,Abstract Number 931, in the City of Fort Worth, Tarrant County,Texas and being a part of that certain tract of land described as Tract 3 in a deed to Marline Eighteen, LLC, as recorded in Instrument Number 13213260103,Deed Records,Tarrant County, Texas and being a portion of Lot 1,Block 3, Thomas Crossing,an addition to the City of Fort Worth, Tarrant County,Texas,recorded in Cabinet A, Slide 4473, Plat Records,Tarrant County,Texas.The bearings for this survey are based on the bearings as they appear in Cabinet A. Slide 4473, Plat Records, Tarrant County,Texas. Said 2.229 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a l/2" iron rod with plastic cap stamped "RPLS 4818"set for the northeast corner of Lot 87, Block 8 of said Thomas Crossing Addition,and in a west line of said Tract 3; THENCE North 05°00'22" East,along the said west line of Tract 3, a distance of 262.88 Feet; THENCE departing said west line of Tract 3 and continuing over and across said Tract 3,the following courses and distances; North 42°l 0'55" East, a distance of 51 32 Feet; North 81°57'02" East,a distance of 45.71 Feet; South 89°08'44" East,a distance of 35.02 Feet; South 51°38'59" East,a distance of 31.99 Feet; South 15°00'14" East,a distance of 30.28 Feet; South 05°42'50" East,a distance of 5.25 Feet; South 15°44'23" West, a distance of 57.48 Feet; South 03°43'24" West,a distance of 219.67 Feet; South 50'28'10" East,at a distance of 6.63 Feet pass the west line of said Lot 1,for a total distance of 22.45 Feet; THENCE continuing over and across said Lot 1,the following courses and distances; North 79'10'l3" East,a distance of 60.00 Feet; North 01'00'40" East,a distance of 153.10 Feet; North 07°27'23" East,a distance of 47.81 Feet; North 13'14'27" East,a distance of 107.21 Feet to the point of curvature of a non-tangent curve, concave to the southeast, having a radius of 70.00 Feet a central angle of 53°22'01",and a chord of 62.87 Feet bearing North 56°l8'52" East; Page I of 3 Northeasterly along said curve,a distance of 65.20 Feet to the point of curvature of a non-tangent curve, concave to the southwest, having a radius of 40.00 Feet a central angle of 79°43'50", and a chord of 51.28 Feet bearing South 54°47'20" East Easterly along said curve, a distance of 55.66 Feet; South 14°55'25" East, a distance of 19.43 Feet to the east right-of-way line of Southern Oaks Drive, a 50' public right-of-way, and being on the arc of a non-tangent curve,concave to the east, having a radius of 550.00 Feet a central angle of 29°1 T 13", and a chord of 278.08 Feet bearing South 11'51'35" West; THENCE continuing along the said easterly and northerly rights-of-way lines the following courses and distances: Southwesterly along said curve,a distance of 281.13 Feet to the beginning of a reverse curve, concave to the northwest, having a radius of 100.00 Feet a central angle of 65°47'38",and a chord of 108.63 Feet bearing South 30'06'45" West; Southerly along said curve,a distance of 1 14.83 Feet to the point of curvature of a reverse curve, concave to the north, having a radius of 200.00 Feet a central angle of 36°52'14", and a chord of 126.49 Feet bearing South 81°26'37" West; Southwesterly along said curve, a distance of 128.70 Feet; North 80'07'17" West, along the said south line and said north right of way line,a distance of 124.76 Feet to the southeast corner of said Lot 87 and the most southerly southwest corner of said Tract 3; THENCE departing said north right-of-way line and continuing along the east line of said Lot 87 and the west line of said Tract 3,the following courses and distances; North 15°19'05" East,a distance of 43.84 Feet; North 07°38'31" West,a distance of 33.04 Feet; North 05'04'58" East,a distancc of 23.14 Feet to the POINT OF BEGINNING and containing a computed area of 2.229 Acres, more or less. Compiled from field ties and record data on June 7, 2018 by Whitfield-Hall Surveyors.A survey exhibit of even survey date accompanies this description. �oniy L. Williams Regis - d Professional Land Surveyor Texas Rcgistration No. 4818 or TBPLS Firm Reg.No. 10138500 `��✓\sT��!'= ' f �r r• JOHNN'i D L.WILLL\'IS Y :- Page 2 of 3 4N EXHIBIT"A" it City of Fort Worth Al E Permanent Drainage Facility Easement s REMAINDER OF / t�—I�—� TRACT 3 0 100 1 MARLINE EIGHTEEN,LLC SCALE 1"=100' , INST.NO.D213260103 D.R.T.C.T. LEGEND / o cAPPEDLtt.sET � :1 CONTROLLING\ION. ❑ FENCE CORNER DE 1,0 1-0T 1.RLOCK3 r 0 IRONRODFND, a T1103IASCROSSING X "X"IN CONC 1l IOMAS CROSSING,LLC CAB.A,SL.1173 VOL. 13124,PG.490 / P.R.T.C.T. D.R.D C.T. E�SURD' 2.229 acres AgN�R A,931 N a o °p 0 N POINT OF c ry 1 BEGINNING o tn 0 Z � I M I o LOT 87,BLOCK 8 "�'F[10MAS CROSSING CAB.A,SL.4473 � 123.04 T., / _ Oa" SOUTHERN 01" DRAINAGE EASEMENT 111OVASCROSSIN %DDITIOS ,R'++IDe1> 10F1,BLOCKI Id Bear'sn Distance C+Be,SLI E44i3 1110MASCROSSINGADDn10N CAB A.SLIDE a.1-3 DE LI N 80007'17"\V 124.76' >IARI.ANL EIGOTFEN.11C P R T.CT DE L2 N 15019'05"E 43.84: INST.NO D213260103 DE L3 N 07038'31"W 33.04 J D R.T.Cr, DE La N W0.1'58"E 23.14' DE L'S N 42'10'55"E 51.32' DE L6 N 81057'02"E 4.5.7V DE L7 S 51038'59"F, 31.99, DE L8 S 15000'1.1"E 30.28' DRAINAGE EASEMENT DE L9 S 15044'23"W S7.48' Id Delta Radius Are Length Chord Ch Bear DE L10 S 89'08'44"E 35.02' DE CI 53022'01" 70.00' 65.20' 62.87' N 56018'52r"E DE Ll I S 50128'10"E 22.45' DE C2 79043'50" 40.00' 55.66' S1.28' S 54o47'20"E DE L12 N 79'10'13"E 60.00' DE C3 29'17'13" 550.00' 281.13' 278.08' S I1151'35"%\' DE L 1 3 N 07027'23"E 47.8V DE C4 65o47'38" 100.00' 11.1.83' 108.63' S 30106'45"\\' DE L14 N 13°14'27"E 107.21' q o{ q o r DF,LI5 S 14'S5'25"F. 19.43' } ;o '5 r 5' h C G S T E JUNE 7,2018 N 1� LLIAMS WHITFIELD-HALL SURVEYORS ......t. •• 4818 REGISTERED PROFESSIONAL LAND SURVEYORS ;} NOTES: 3559++'ILLIAMS ROAD,SUITE 107 �pQ- FORT+VORTII,TESAS 76t 16 v' 1.THE BEARINGS FOR 1111S SURVEY ARE BASED ON THE 4/ •-S U R 0y (817)560-2916 N BEARINGS.AS 711EV APPEAR IN CABINET A,SLIDE 4473, pACE30F3 PLAT RECORDS,TARR:ANT COUNTY,TEXAS. 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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. STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE I NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016