HomeMy WebLinkAboutContract 54305 08/20/2020 CSC No.54305
9:58 AM
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 18 day of Aug.2020 by and
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between TCRG Opportunity XV, LLC, acting by and through Robert L. Patton,
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 5.573 acre tract, and located in the George Hamilton Survey,Abstract No.
751, Texas according to the special warranty deed recorded in Volume 12568, Page
1680,Official Public Records, Tarrant County,Texas,hereinafter called the"Property".
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WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Lot 8, Risinger South 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
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 "A3" ("Facility
Property');and
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 FT. WORTH, TX
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, irnprovements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
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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 die
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 k
citizen complaints. The City shall provide the Landowner, its successors and 4
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.I I h 7/2016 2
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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
oblieation 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 fiords
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 die 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 4
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
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EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION I
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
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STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2096
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FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NO'r 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.
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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 constriction 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 ruining 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]
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 4
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ugust
Executed this 18 A day of 2020
U
Landowne, City of Fort Worth
Dan,Purghd,ff(Adg 18,20M11 15 CDT)
Name: Dana Burghdoff
Title: le Assistant City Manager
Approved as to Form and Legality
Chn i; 7
Christ,R.L,P12-P1yn,[de(A,g 18,2020 1'0-,52 CDT)
Assistant City Attorney
V o�O ATTEST
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F ob
'g
City Secretary
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11117/2016 CITY SECRETARY 5
FT. WORTH, TX
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STATE OF TEXAS §
COUNTY OF TARRANT §
August 18,2020
This instrument was acknowledged before me on
by Dana Burghdoff,Assistant City Manager of the City of Fort Worth,on behalf
of the City of Fort Worth.
LAU RI E Digitally signed by LAURIE
RYP LAURIE PEQUENO LEWIS PEQUENO LEWIS
o�P e4 Notary Public PEQUENO LEWIS Date:2020.08.181727:46-05'00'
a �
+ • STATE OF TEXAS
GOV Q Notary I.D.132278952 Notary Public, State of Texas
My Comm.Exp.Dec.10,2023
STATE OF TEXAS §
COUNTY OF TARRANT §
Before c, the undersigned Yjarily on n this day of
personally appeared
known
to me to be the person whose name is subscribed to the foregoing insh•Lunent and
acknowledged to me that the same is the act of TCRG Opportunity XV, LLC
and that he executed the same as its
President and as the act of such TCRG Opportunity XV, LLC and for the
purposes and consideration expressed in the forego'. g instz Lunent.
=ERYLL L COUCHY PUBLIC25016597 of Texasotaty Public ate of Texxp.04.28_2022
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/17/2016 CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager
By signing I acicnowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performancc and.mpoilin-requirements,
Ndorales
Develupm t Services.Nfaaager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
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STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
DESCRIPTION, of a 3.210 acre (139,824 square foot) tract of land situated in the George
Hamilton Survey,Abstract No, 751, City of Fork Worth, Tarrant County, Texas; said tract being all
of that tract of land called 1.756 acres described in Special Warranty Deed to TCRG Opportunity
XV, L.L.C. recorded in Instrument No. D220169480 and being part of that tract of land called
56.37 acres described in Special Warranty Deed to TCRG Opportunity XV, L.L.C. recorded in
Instrument No. D217134963 both of the Official Public Records of Tarrant, County, Texas; said
3.210 acre (139,824 square foot) tract being more particularly described as follows (bearing
system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment),
North Central Zone 4202, based on observations made on December 16, 2019 with a combined
scale factor of 1.00012):
COMMENCING, at a 1/2-inch iron rod with "HALFF" cap found for the southeast corner of that
tract land described in Special Warranty Deed to TCRG Opportunity XV, L.L.C. recorded in
Instrument No. D217134963 of the said Official Public Records, said point being at the
intersection of the north right-of-way line of Rustic View Road (a variable width right-of-way and
the west right-of-way line of South Freeway( a 355-foot wide right-of-way);
THENCE, along the south line of said TCRG Opportunity XV, L.L.C. tract and the said
north line of Rustic View Road the following three (3) calls:
South 89 degrees, 31 minutes, 54 seconds West, departing the said west line of South
Freeway, a distance of 150.00 feet to a 1/2-inch iron rod with "HALFF" cap found;
South 79 degrees, 03 minutes, 15 seconds West, a distance of 92.59 feet to the POINT
OF BEGINNING;
THENCE, South 79 degrees, 03 minutes, 15 seconds West, continuing along the said south line
of the TCRG Opportunity XV, L.L.C. tract and the said north line of Rustic View Road, a distance
of 17.39 feet to a 1/2-inch iron rod with "HALFF"cap found for corner;
THENCE, South 89 degrees, 31 minutes, 54 seconds West, continuing along the said south line
of the TCRG Opportunity XV, L.L.C.tract and the said north line of Rustic View Road,at a distance
of 265.84 feet passing the southeast line of said 1.756 acre TCRG Opportunity XV, L.L.C. tract,
continuing in all a total distance of 450.00 feet to a 1/2-inch iron rod with "PACHECO KOCH"cap
set for corner;
THENCE, North 16 degrees, 24 minutes, 31 seconds West, departing the said north line of Rustic
View Road and along the south line of said Risinger Deer Creek Homeowners Association, Inc.
tract and the north line of said Block 12, a distance of 109.20 feet to a 1/2-inch iron rod with
"PACHECO KOCH" cap set for corner;
THENCE, South 89 degrees, 31 minutes, 54 seconds West, continuing along the said south line
of Risinger Deer Creek Homeowners Association, Inc. tract and the said north line of Block 12, a
distance of 454.91 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for the westerly
southwest corner of said Risinger Deer Creek Homeowners Association, Inc. tract and the
southeast corner of Lot 13, Block 6 of said Deer Creek North Addition; said point being in the said
south line of the TCRG Opportunity XV, L.L.C. tract;
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THENCE, North 00 degrees, 28 minutes, 06 seconds West, departing the said north line of Block
12 and along the said south line of the called 56.37 acre tract, a distance of 75.00 feet to a 1/2-
inch iron rod with "PACHECO KOCH" cap found for corner; 1
THENCE, North 89 degrees, 31 minutes, 54 seconds East, a distance of 598.69 feet to a point
for corner;
THENCE, North 37 degrees, 39 minutes, 01 seconds East, departing the south line of the called
56.37 acre tract, a distance of 66.72 feet to a point for corner;
THENCE, North 89 degrees, 24 minutes, 34 seconds East, a distance of 238.20 feet to a point
for the beginning of a tangent curve to the left;
THENCE, in a easterly direction along said curve, having a central angle of 13 degrees, 13
minutes, 51 seconds, a radius of 180.00 feet, a chord bearing and distance of North 82 degrees,
47 minutes, 38 seconds East, 41.47 feet, an arc distance of 41.57 feet to a point at the end of
said curve;
THENCE, North 89 degrees, 32 minutes, 07 seconds East, a distance of 33.09 feet to a point for
corner;
THENCE, South 00 degrees, 23 minutes, 12 seconds East, a distance of 234.70 feet to the
POINT OF BEGINNING;
CONTAINING: 139,824 square feet or 3.210 acres of land, more or less.
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DETENTION POND LIMITS
North: 6910111.6349' East: 2343425.2291'
Segment #1 Line
Course: S790 03' 15"W Length: 17.39'
North: 6910108.3329' East: 2348408.1555'
Segment #2 . Line
Course: 589° 31' 54"W Length: 450.00'
North: 6910104.6547' East: 2347958.1705'
Segment #3 . Line
Course: N160 24' 49"W Length: 109.20'
North: 6910209.4044' East: 2347927.3139'
Segment #4 . Line
Course: S890 31' 55"W Length: 454.91'
North: 6910205.6882' East: 2347472.4191'
Segment #5 . Line
Course: N0° 28' 08"W Length: 75.00'
North: 6910280.6857' East: 2347471.8054'
Segment #6 . Line
Course: N890 31' 54"E Length: 249.97'
North: 6910282.7290' East: 2347721.7670'
Segment #7 . Line
Course: N890 31' 54"E Length: 348.72'
North: 6910285.5793' East: 2348070.4754'
Segment #8 . Line
Course: N370 39' 01"E Length: 66.72'
North: 6910338.4052' East: 2348111.2306'
Segment #9 . Line
Course: N89° 24' 34"E Length: 238.20'
North: 6910340,8603' East: 2348349.4180'
Segment #10 Curve
Length: 41.57' Radius: 180.00'
Delta: 13013'51" Tangent: 20.88'
Chord: 41.47' Course: N820 47' 381-E
Course In: N0° 35' 26"W Course Out: S13° 49' 17"E
RP North: 6910520.8507' East: 2348347.5627'
End North: 6910346.0622' East: 2348390.5604' {
Segment #11 . Line
Course: N890 32' 07"E Length: 33.09'
North: 6910346.3306' East: 2348423.6493'
Segment #12 : Line
Course: S0° 23' 12"E Length: 234.70' <
North: 6910111.6360' East: 2348425.2332'
Perimeter: 2319.46' Area: 139823.73 Sq. Ft.
Error Closure: 0.0042 Course: N75° 35' 08"E
Error North: 0.00105 East: 0.00409
Precision 1: 552230.95
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GRAPHIC SCALE IN FEET
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STORMWATER FACILITIES MAINTENANCE AGREEMENT
RN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch
FORT WORTH, TX 76107 817.412.7155 A 98.200 ACRE ADDITION
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flRA WIV BY I CHECKED BY SCALE DA 7E JOB NUMBER TARRANT COUNTY, TEXAS
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STORMWATER FACILITIES MAINTENANCE AGREEMENT
�, 6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco nnh FORT WORTH, 1X 76f07 817.412.7155 A 98.E CI ACRE AT WORN
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TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
W - GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
v DRAWN BY CHECKED BY SCALE DATE JOB NUAIBER TARRANT COUNTY, TEXAS
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FORT WORTH, TX 76107 817.412.7155 A 98.200 ACRE ADDITION
Pacheco Koch
TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS
__I TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
DRAWv BY CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
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6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch FORT WORTH, TX 76107 817.412.7155 A 98.200 ACRE ADDITION
TX REG. ENGINEERING FIRM F-469
LOCATED IN THE CITY OF FORT WORTH, TEXAS
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DRAWN BY I CIVECKED BY SCALE DATE /08 NUMBER GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
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STORMWATER FACILITIES MAINTENANCE AGREEMENT
6100 WESTERN PLACE, SUITE 1001 LOTS 1-8 & 9X, BLOCK 1
Pacheco Koch FORT WORTH, TX 76107 817,412.7155 A 98.200 ACRE ADDITION
TX REG. ENGINEERING FIRM F-469 LOCATED IN THE CITY OF FORT WORTH, TEXAS
r TX REG. SURVEYING FIRM LS-10008001 AND BEING OUT OF THE
GEORGE HAMILTON SURVEY, ABSTRACT NO. 751,
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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 1S 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
Rev.11117/2016 8
Exhibit "D"
Stormwater 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 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
3
STORMWATER FACILITY MAINTENANCE AGREEMENT (]
Rev.11117/2016
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