HomeMy WebLinkAboutContract 48040-A1 09/08/20
CSC No.48040-A1
8:12 AM Page 1 of 7
AMENDMENT
TO CITY SECRETARY CONTRACT NO.48040
STORMWATER FACILITY MAINTENANCE AGREEMENT
This AMENDMENT TO CITY SECRETARY CONTRACT NO. 48040,
STORMWATER FACILITY MAINTENANCE AGREEMENT is made and entered into by
and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas,
acting herein by and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Westover Oakmont, LP "Landowner",
acting herein by and through its duly authorized representative Sam Brous as Manager,hereinafter
referred to as "Licensee".
RECITALS
WHEREAS, the City of Fort Worth("City") and Westover Oakmont, LP made and entered
into City Secretary Contract No.48040 (the"Agreement")to authorize the use of on-site stormwater
management facilities(the"Facility")to be constructed and maintained on a portion of Landowner's
property; and
WHEREAS,the Agreement was recorded with the property records of the Tarrant County as
document No. D216189591 which is one and the same as City Secretary Contract 48040 .
WHEREAS, the Agreement contains exhibit "B" that depicts design specifications of the
Facility; and
WHEREAS, it advisable to execute this Amendment to the Agreement to revise exhibit"B"
in the Agreement to depict design changes being added to the original agreement; and
NOW THEREFORE, City and Landowner, acting herein by and through their duly
authorized representatives,enter into the following that amends the Agreement:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Page 2 of 7
Exhibit B is hereby replaced with Exhibit 13-1 attached hereto and incorporated herein to the
Agreement,consisting of revised design specifications of the Facility.
2.
This Amendment shall be filed with the City Secretary as an amendment to the Agreement
and also recorded among the land records of Tarrant County, Texas, and 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.
3.
All other provisions o -the Agreement which are not expressly amend erem s a remam
in full force and effect
EXECUTED on this the 2nd day of September ,2020.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 3 of 7
CITY OF FORT WORTH:
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DanaDana Bur�2,2023 :29! CDT) cps FO�oo� as
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City Secretary
Approved as to Form and Legality:
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Chri,ta R.Lopez-Rey-ld,(Sep2,20 144
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�R1�1�c�yrlo�o�
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared 04na Bt,,,jA0F:ir , Assistant City Manager, 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 the CITY OF FORT WORTH, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of September ,2020.
Digitally signed by LAURIE
LAURIE PEQUENO LEWIS LAURIE PEQUENO LEWIS PEQUENo LEWIS
1�9
Date:2020.09.0310:58:45
Notary Public
STATE OF TEXAS Notary I.D. 1Dec. 1 , Notary Public, State of Texas
My Comm.Exp.Dec. 10,2023 �
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Page 4 of 7
Westover Oakmont, LP
By: Westover Oakmont GP, LLC
It's general partner
By:
PrintQ Name: Sam Brous
Title: Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Sam Brous, Manager , 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
Westover Oakmont, LP, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1,0 day of ' - , 2020.
nY"'?•. DEBBIE JONES `
?.: ;•= My Notary ID#130914180
Expires November 28,2020 Notary Public, tate f Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Contract Complia11ce Manage
By signing I acknowledge that I=the person responsible
for the monitoring and administration of this contract,including
ensuring all performeacc and.r�:poctingrequirements,
m�-f.1an_ic S, [Morales
Development Services 'N4-amt-:er
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Page 5 of 7
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CHARGES CROOK
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ISWM CONSTRUCTION WESTOVER-OAKMONT cons, -l"r c, INC
PLAN ADDITION / "°tea.: .."°
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EXHIBIT"B-111 CONTINUED
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CHARLES CROOK
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Page 7 of 7
EXHIBIT IT-1" CONTINUED AGAIN
EROSION CONTROL NOTES 5. EROSION PROTECTION DEVICES SHALL BE CONSTRUCTED IN
ACCORDANCE'VAIN DIVISIONS 200 AND 1000 Of THE LATEST
1. THE CONTRACTOR AND SUB-CONTRACTORS WORKING ON VERSION OF THE PUBLIC PARKS CONSTRUCTION STANDARDS
THIS SITE SHALL THOROUGHLY REVIEW AND UNDERSTAND BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
THE APPLICABLE REGULATIONS UNDER SECTION 402 Of THE UNLESS SPECIFICALLY SUPERCEDEO BY DETAILS IN THIS
CLEAN WATER ACT(33 U,S.C.$1251 6t.seq.)AND PLAN,
CHAPTER 26 OF THE TEXAS WATER CODE REGARDING
GENERAL PERMIT PROVISIONS TO DISCHARGE WASTE UNDER 6. THE CONTRACTOR OR HIS DESIGNEE SHALL POST,OR HAVE
TPDES CONSTRUCTION GENERAL PERMIT NO.TX0150000 POSTED,IN A PROMINENT LOCATION AT THE ENTRANCE OF
EFFECTIVE MARCH 5,2008 BY THE TEXAS COMMISSION ON THE PROJECT,ME N01 AND THE CONSTRUCTION SITE
ENVIRONMENTAL QUALITY. REGULATIONS,PERMIT FORMS NOTICE. FOR LINEAR CONSTRUCTION PROECTS,THE NO
AND SUPPORT INFORMATION CAN BE OBTAINED BY AND CONSTRUCTION SITE NOTICE SHALL BE POSTED NEAR
CONTACTING THE TEXAS COMMISSION ON ENVIRONMENTAL WHERE CONSTRUCTION IS ACTIVELY UNDERWAY; THIS MAY
QUALITY(TCEQ)STORM WATER PROGRAM AT(512) REWIRE THAT THE NO AND CONSTRUCTION SITE NOTICE BE
239-4671 OR'STORM WATER'ON THE TCEQ WEB SITE AT MOVED DURING THE COURSE OF THE PROJECT,
rw tcsq.st6teAx.us. ALL WORK PERFORMED ON THIS 7. THE CONTRACTOR OR HIS DESIGNEES SHALL PERFORM AN
PROJECT SCULL BE PERFORMED IN ACCORDANCE WITH THE INSPECTION OF ALL STORM WATER POLLUTION PREVENTION
APPLICABLE LOCAL,STATE,AND FEDERAL REGULATIONS, DEVICES USED ON THE SITE EVERY 14 DAYS OR WITHIN 24
2. CONTRACTOR SHALL ENSURE THAT THE SITE DOES NOT LIE HOURS OF A RAINFALL EVENT THAT EXCEEDS 0.5 INCHES IN
IN AN AREA,OR CONSIST OF CONSTRUCTION ACTIVITIES,FOR ORDER TO DETERMINE:F MAINTENANCE OF THE DEVICES IS
WHICH
THE UNITED STATES ENVIRONMENTAL PROTECTION REQUIRED. RESULTS OF SUCH INSPECTIONS SHALL BE
AGENCY(EPA)IS THE PERMITTING AUTHORITY. IF THE SITE INCLUDED IN THE SWP3, AN ALTERNATIVE INSPECTION
DOES LIE WATHIN AN AREA IN WHICH THE EPA IS THE SCHEDULE IN ACCORDANCE TXR150M PART II 4 F(7)(B)
PERMITTING AUTHORITY THEN THE CONTRACTOR SHALL MAY BE DEVELOPED BY THE CONTRACTOR DURING'WET'
OBTAIN A CONSTRUCTION GENERAL PERMIT IN ACCORDANCE SEASONS.
WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPOES). PERIODIC INSPECTION REPORTS SHALL INCLUDE:
3. THE CONTRACTOR SHALL BE CLASSIFIED AS AN OPERATOR A THE LOCATIONS OF DISCHARGES OF SEDIMENT OR OTHER
IN ACCORDANCE WITH PART 1,SECTION B OF TXRISGODO. POLLUTANTS.
THE CONTRACTOR SHALL ALSO ENSURE THAT THE OWNER B. THE LOCATIONS CF THE EROSION PROTECTION DEVICES
OF THE PROJECT IS CLASSIFIED AS AN OPERATOR FOR ALL THAT NEED i0 BE MAINTAINED.
PERMITS ASSOCIATED WITH THE PROJECT,
4. THE CONTRACTOR SHALL CREATE A STORM WATER C. THE LOCATIONS OF EROSION PROTECTION DEVICES THAT
POLLUP.CN?REVENTION PLAN(SWP3),ENTITLED'STORM HAVE FAILED TO O'ERATE AS DESIGNED OR ARE
WATER POLLUTION PREVENTION PLAN TO SERVE LOT 3, INADEQUATE FOR A PARTICULAR LOCATION.
elOCK_B-_WESTPARK-RE DEVELOPPMENTT-IN aCC6RDP_NCf. D;ANY{{;Cg IONS_W1.HERE—AODSROKAL-ER85lDH-SONRRGLWITH TXRISOCCO EFFECTIVE MARCH 5,2008 PRIOR TO THE DEVICES ARE NEEDED.
COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES,AND
SHALL HAVE,AT A MINIMUM, THE ITEMS NOTED BELOW: B. THE CONTRACTOR OR HIS DESIGNEES SHALL KEEP ALL
A. A UST OF THE OPERATORS AND ANY OTHER CONTACT PROTECTIVE MEASURES:DENTIFlED IN THE SWP3 1N
PERSONS;INCLUDING NAME.ADDRESS,AND PHONE EFFECTIVE WORKING CONDITION. IF THE CAPACITY OF A
NUMBERS, PROTECTIVE MEASURE HAS BEEN REDUCED BY 50x THEN
THE CONTRACTOR SHALL REMOVE THE TRAPPED SEDIMENT
B. A OESCRIPTTON OF THE NAPJRE OF THE CONSTRUCTION AS SOCK AS PRACTICAL ANY BUILDUP OF SEDIMENT THAT
ACTIVITY. AGOUMULATES OFF SITE SHALL BE REMOVED BY THE
CONTRACTOR AS SOON AS PRACTICAL
C. A LIST OF POTENTIAL POLLUTANTS AND THEIR SOURCES. 9, THE CONTRACTOR OR HIS DESIGNEES SHALL iNiTIATE
D. A DESORPTION OF BOTH 1H.£INTENDED SCHEDULE OF PERMANENT STABILIZATION OF THE DISTURBED AREAS OF
ACTIVITIES THAT WILL AFFECT SOILS ON MA,AR THE SITE WITHIN is DAYS OF THE CESSATION OF
PORTI DNS OF THE SITE AS WELL AS THE ACTUAL DATES NOT REDURON AHEM THE IF PERMANENT STABILIZATION IS
WHEN THE WORK WAS PERFORMED. NOT REWIRED,THEN THE CONTRACTOR SHALL MAINTAIN
TEMPORARY EROSION CONTROL DEVICES AS NECESSARY TO
L THE TOTAL NUMBER OF ACRES OF THE ENTIRE MINIMIZE SEDIMENT RUNOFF. PERMANENT STABILIZATION OF
PROPERTY,THE TOTAL NUMBER OF ACRES WHERE THE DISTURBED AREAS SHALL NOT BE REQUIRED IF EITHER
CONSTRUCTION ACTIVITIES WLL OCCUR(THIS INCLUDES 0P THE FOLLOWING CONDITIONS ARE MET:
Off-SITE STAGING AND STORAGE AREAS AUTHORIZED A PERMANENT STABILIZATION MEASURES CANNOT BE
UNDER THE NO), INITIATED DUE TO EITHER FROZEN OR ARID CONDITIONS
IN WHICH A STAND OF CRASS CAN NOT BE
f. DATA DESCRIBING THE SOIL OR THE QUALITY OF THE ESTABUSHED.
DISCHARGE FROM THE SITE.
B. THE CESSATION OF CONSTRUCTION ACTIVITIES IS
G. A MAP SHOWING THE GENERAL LOCATION OF THE SITE. TEMPORARY AND WILL BE RESUMED WITHIN 21 DAYS.
H. PLAN SHEETS INCLUDING,BUT NOT LIMITED TO,SHEET 1 10.114E CONTRACTOR AND HIS DESIGNEES SHALL MAINTAIN A
(EROSION CONTROL NOTES),SHEET 2(EROSION CONTROL COPY OF THE SWP3 FOR THREE YEARS AFTER THE
PLAN), SUBMITTAL OF THE NOTICE O TERMINATION,
t A DETAILED SITE MAP(OR MAPS)INDICATING: 11.ADDITIONAL PERMITTING AND RECORD KEEPiNO MAY BE
NECESSARY:F THE CONTRACTOR INTENDS TO USE A
L LOCATIONS OF ALL CFF-SITE CONSTRUCTION CONCRETE'BATCH PLANT ON THIS PROJECT. IF A BATCH
SUPPORT ACTIVITY LOCATIONS SPECIFICALLY PLANT IS REOUIREO THEN THE ADDITIONAL COST TO PERMIT
AUTHORIZED UNDER THE PROJECT N01. THE BATCH PLANT SHALL HE CON50ERED INCIDENTAL TO
THE CONTRACT.
A VEHICLE WASH AREAS.
12.:ITE LOCATION:
J. A DESCRIPTION OF ALL SUPPORT ACTIVITIES WITH
LOCATIONS AS AUTHORIZED BY THE CONTRACTOR'S NO, SITE IS GENERALLY LOCATED AT 32'39'44,42'N
97'25'03.71'W
K. THE NAME OF THE RECEIVING WATER BODY AT OR NEAR
THE SITE THAT WILL RECEIVE DISCHARGES FROM 13,AREA ESTIMATES:
DISTURBED AREAS OF T14E PROPERTY.
TOTAL AREA ONSITE: 0.73 ACRES
L. A COPY OF TXR150000. ESTIMATED DISTURBED AREA ON-SITE: 0.52 ACRES
ESTIMATED DISTURBED AREA OFF-SITE; 0.0 ACRES
M. A COPY OF THE NOTICE OF INTENT(NOI),ALL
SUBSEQUENT HOTICES OF CHANGES(NOCs),AND THE 14.ESTIMATED RUNOFF COEFFICIENT AFTER CONSTRUCTION IS
NOTICE OF TERMINATION(NOT)FILED IN RELATION TO COMPLETED'
THE PRO.IECT. UNDEVELOPED C-0.30
N. A COPY OF ALL INSPECTION REPORTS CREATED DEVELOPED C>0.88
PURSUANT TO NOTE 7 BELOW, 15.SOIL TYPE AT SITE:
O. DETAILS SHOWING THE DESIGN OF EROSION AND pURY£S CLAY ACCORDING TO THE WE9 SOIL SURvEY
SEDIMENT CONTROL MEASURES TO BE UTIU2ED ON-SITE. CREATED BY USDA.
A COMPLETE COPY OF THE SWP3 SHALL BE AVAILABLE 16.RECEIVING WATER BODY DESCRIPTION:
UPON REQUEST TO ANY FEDERAL,STATE,OR LOCAL
AGENCY THAT APPROVES SEDIMENT CONTROL,GRADING,OR LAKE CGMO
DRAINAGE PLANS.
17.WETLANDS ACREAGE AND ENDANGERED SPECIES INVENTORY:
THERE ARE NO KNOWN WETLANDS OR ENDANGERED SPECIES
ON THE SITE.
IESTOVFR CHARLES CROOK
EROSION CONTROL CONSULTING, INC.
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