HomeMy WebLinkAboutContract 53844 Apr 27, 2020 CSC NO. 53844
4-21 'pm
DOE#
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of Apd�1-13 ,
2020 , by and between Churchill at Golden Triangle Community. L.P.. a Texas
limited partnership, acting by and through Brad Forslund , 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 _5.281 acre tract located in the W. McCowen Survey, Abstract
999 , Tarrant County, Texas according to the deed recorded in Volume —193-, Page
621 , Deed Records, Tarrant County, Texas,hereinafter called the "Property".
according to the Site Plan/Subdivision Plan known as Churchill at Golden Triangle_
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
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11 H 7/2016
482S-6s99-06a7.v1 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Landowner, its successors and assigns, the location and dimensions of which are shown
and more particularly described by metes and bounds in the attached Exhibit "A"
("Facility Property"); and
NOW, THEREFORE inconsideration 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 reasonably deems necessary.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
4825-6899-0647.v1
The purpose 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 upon ten (10)
days' advance written notice to the Landowner 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. However, such lien is hereby made subordinate to any lien
securing construction and/or permanent financing as it pertains to the
construction, development and/or operation of the Property.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
4825-6899-0647.v1
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
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.
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
4825-6899-0647.v1
[SIGNATURE PAGE FOLLOWS]
Executed this _L'day of 2020.
Landowner
CHURCHILL AT GOLDEN TRIANGLE COMMUNITY,L.P„
a Texas limited partnership
By: Churchill Golden Triangle Community GP,LLC,
a Texas limited liability company,its General Partner
By: LifeNet Community Behavioral Healthcare,
a Texas nonprofit corporation, its Sole Member
By:
G ty x p,P•esident
City of Fort Worth
LL
Dana Burghdoff( r 23,20
Assistant ity Manager
Approved as to Form and Legality
C�2�/ftGl � LD,F�21��2�1`IOG�f
Christa R.Lopez-Reynold (Apr 23,2020)
_ Assistant City Attorney
FATTEST
ity Secretary
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 „
4825-6899-0647.v1 �pTY'SECRETARY"
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Apr 27, 2020 by
,�.�ntC�,,��f1t,pF Assistant City Manager of the City;ofFort Worth, on behalf of the City of
Fort Worth.
LAU RI E Digitally signed by LAURIE
PEQUENO LEWIS
P E Q U E N O L E W I S Date:2020.04.27 14:58:46-05'00'
Notary Public, State of Texas
J�Q�o
oLoo a
STATE OF TEXAS § a W-
F. F—§
Q NZU
COUNTY OF DALLAS § m .s
O�
efore me, the undersigned authority on this day of
2020, personally appeared Gary Keep, President of
LifeNeT Community Behavorial Healthcare, a Texas nonprofit corporation, as Sole
Member of Churchill Golden Triangle Community GP, LLC, a Texas limited liability
company, as the General Partner of CHURCHILL AT GOLDEN TRIANGLE
COMMUNITY, L.P., a Texas limited partnership, 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 the limited partnership and
that he executed the same as its President of the Sole Member of its General Partner and as
the act of such limited partnership and for the purposes and consideration expressed in the
foregoing instrument.
VIA I ii/
<< '% Notary Public, State�of Texas
61
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STORMWATER FACILITY MAINTENANCE AGREEMENT F EJ (JL1G'\ �y �
Rev.11/17/2016
4825-6899-0647.v1
•T'v
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
4825-6899-0647.v1
EXHIBIT W
PRIVATE DRAINAGE EASEMENT
PART OF LOT 4, BLOCK 2
MORIAH AT TIMBERLAND ADDITION
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
Being a 8,285 square foot tract of land, situated in the City of Fort Worth, Tarrant County, Texas, and
being a part of Lot 4, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City of Fort
Worth, as recorded under Instrument No. D217204252, of the Official Public Records, Tarrant County,
Texas (O.P.R.T,C.T,), said tract being more particularly described as follows:
COMMENCING at an "X" cut in concrete found for the northwesterly corner of said Lot 4, some being in
the southerly line of Lot 2R, Block 2, of said addition, said corner also being the northeasterly corner of
Lot 3R, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City of Fort Worth, as
recorded under Instrument No. D218084890, O.P.R.T.C.T.;
THENCE South 00'37'22" East, along the common line between said Lot 4 and Lot 3R, a distance of
35.50' to the POINT OF BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 4, the following courses and distances:
North 89'36'07" East, a distance of 3.71' to a point for corner;
North 00'23'53" West, a distance of 16.90' to a point for corner;
North 89'36'07" East, a distance of 81.16' to a point for corner, at the beginning of a curve to the
right, having a radius of 20.00', a central angle of 90'00'00", and a chord which bears, South 45'23'53"
East, a chord distance of 28.28';
Thence along said curve to the right, in a southeasterly direction, an arc length of 31.42' to a point
for corner at the end of said curve;
South 00'23'53" East, a distance of 62.21' to a point for corner;
South 89'36'07" West, a distance of 101.16' to a point for corner;
North 00'23'53" West, a distance of 50.31' to a point for corner;
South 89'36'07" West, a distance of 3.65' to a point for corner in the aforementioned common line
between said Lot 4 and Lot 3R;
THENCE North 00'37'22" West, a distance of 15.00' to the POINT OF BEGINNING and containing 8,285
square feet or 0.190 acres of land, more or less.
**Bearings are based on the herein described subject plat**
ABBREVIATIONS
I.R.F. = Iron Rod Found
'S1T ER��y
(C.M.) = Controlling Monument
C.I.R.F. = Capped Iron Rod Found MICHAELNB:..ARTHUR
M.R.T.C.T. = Map Records, Tarrant County, Texas I � �,0 5686
I A '..E S S I
D.R.T.C.T. = Deed Records, Tarrant County, Texas
O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas
DATE: 03/10/2020 PRIVATE DRAIldAGE EASEMENT North Texas Surveying, L.L.C.
SHEET NO.: 1 OF 2 PART OF LOT 4,BLOCK 2 Registered Professional Land Surveyors
SCALE: 1" = 50' MORIAHAT 1010 West University Drive
TIMBERLAND ADDITION McKinney, Tx. 75069
CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997
TARRANT COUNTY TEXAS Firm
Re rthte Lion o. 10 . 420
JOB NO.: 2016-0011 ' Firm Registration No. 10074200
EXHIBIT"B"
'r FND.
(C. )
NOO'23'40"W I
LOT 1,BLOCK 2 294'00,
MORIAH AT \ LOT 2R,BLOCK 2
TIMBERLAND ADDITION
INSTRUMENT NO. MORIAH AT
D200331585, — —I TIMBERLAND ADDITION
O.P.R.T.C.T. I I INSTRUMENT NO.
D217204252,
rt— O.P.R.T.C.T. so'PERPETUAL
10'UTILITY EASEMENT 20 SANITARY POINT OF ACCESS EASEMENT
INSTRUMENT NO. INSTRUMENT NO.
D209331585 SEWER EASEMENT I 'j I ( /'r
OMMENCING D210012041,
O.P.R.T.C.T. INSTRUMENT NO. W O.P.R.T.C.T.
D20MIN5, f
O.P.R.T.C.T. / e
- - - - - � FBI - - - - - - - - - - - - - - - - - - - - - -
- -- ------- I�
——— 29.10 ND. C.M.) _ _ _ _ N89036'07"E _ 329.39'
,rr I.R.F. 1 9'3B'07V 2s6.75' S0003722"E 35.50'
(C,M.)
SANITARYSEWEREASEMENr — `�N89°36'07"E 81.16 — — — — — — — — — — — — — —
INSTRUMENT NO, Radius=20.00'
D217204252,O.P.R.T.C.T.
— — — — — — —— — — — N00°23'53"W 16.90' Arc Length=31.42'
POINT OF _ N89°36'07"E 3.71' Delta=90000'00"
BEGINNING M Chrd. Bmg.=S45°23'53"E
16PRIVATE c") - 1n Chord=28.28'
DRAINGE EASEMENT o n Ice) M I N N
INSTRUMENT NO. NOO 37 22 W I Ly 0 (O (O
D2172o4252, 1 5.00, ! p O O
O.P.R.T.C.T. I I O I
S89°36'07'W 3.65' �Z—————————
S89°36'07"W 101.16'
PRIVATE DRAINAGE
EASEMENT
8,285 SO.FT.
0.190 ACRES
I
LOT 3R,BLOCK 2 I LOT 4,BLOCK 2
MORIAH AT I MORIAH AT
TIMBERLAND ADDITION TIMBERLAND ADDITION
INSTRUMENT NO.
INSTRUMENT NO. (
D218084890, D21720
O.P.R.T.C.T. O.P.R.T.C.T.
I
I
N00°37'22"W
I�648.55'
GRAPHIC SCALE
so 0 50
1 inch = 50 ft.
DATE: 03/10/2020 PRIVATE DRAINAGE EASEMENT
North Texas Surveying, L.L.C.
SHEET NO.: 2 OF 2 PART OF LOT 4,BLOCK 2 Registered Professional Land Surveyors
SCALE: 1" = 50' MORiAHAT 1010 West University Drive
TIMBERLAND ADDITION McKinney, Tx. 75069
CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997
IARRAN,I COUNTY TEXAS, www.northtexassurveying.com
JOB NO.: 2016-0011 Firm Registration No. 10074200
EXHIBIT "B"
INSERT DETENTION POND PLAN
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.11/17/2016
4825-6899-0647.v1
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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
4825-6899-0647.v1
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
s stem 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
ve etation
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 10
Rev.11/17/2016
4825-6899-0647.v1
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 11
Rev.11/17/2016
4825-6899-0647.v1
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EXHIBIT"B"
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
THAT TRIANGLE 1-35 REALTY, LTD., a Texas limited partnership (the"Grantor"), for and in
consideration of the sum of Teri and No/100 Dollars ($10.00)cash and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,paid by
(the"Grantee"), subject to the provisions set forth herein, HAS GRANTED, BARGAINED, SOLD and
CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all of that
certain tract or tracts of land(the"Land")described on Exhibit"A"which is attached hereto and incorporated herein
by reference for all purposes, together with all of Grantor's right, title and interest in and to any improvements
located thereon and any easements,interests, benefits,privileges, rights and appurtenances pertaining to such Land
(said Land, improvements, easements, interests, benefits, privileges, rights and appurtenances being herein
collectively referred to as the"Pro a ').
This conveyance is made subject to the those items of record set forth on Exhibit"B"attached hereto and
incorporated herein by this reference for alJ purposes (the `Permitted Exceptions"), to the extent they are validly
existing and applicable to the Property,
TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's successors and assigns forever, and
Grantor does hereby bind Grantor,and Grantor's successors and assigns,to WARRANT and FOREVER DEFEND,
all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, and
subject,however,to the Permitted Exceptions.
[Signature pages follow]
EXHIBIT"B",Special Warranty Deed—Page 1
EXECUTED this day of _ __ _ ,20^
GRANTOR:
TRIANGLE I-35 REALTY,LTD,,
a Texas limited partnership,
By: Western Green Oaks Corporation,
a Texas corporation,
its general partner
By:
Name:
Tide:
STATE OF TEXAS §
COUNTY OF §
This instrument was ACKNOWLEDGED before me on 20 by
__ the _ of Western Green
Oaks Corporation,a Texas corporation,the general partner of TRIANGLE I-35 REALTY,LTD.,a Texas limited
partnership,on behalf of said limited partnership.
Notary Public-State of Texas
[S E A L]
My Commission Expires:
Printed Name of Notary Public
After Recordine Return To:
Grantee's Address For Notice Purposes:
EXHIBIT`B",Special Warranty Deed—Page 2