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. TRPLS FIRM REG.NO.10138500 JOB NO.15-162
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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 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