HomeMy WebLinkAboutContract 55993 Date Received: 07/13/2021 City Secretary
Time Received: 10:35 am Number: 55993
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 6th ofJuly 2021 by
and between GBTM Sendera, LLC, acting by and through Bobby Samuel, its duly
authorized Development Manager, hereinafter referred to as "Landowner", the Madero
Residential Community, Inc., hereinafter referred to as "Association" 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 0.434 acre tract located in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas according to the deed recorded in County Clerks File
No. 2020-132253, Denton County, Texas, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plari/Subdivision Plan known as Sendera Ranch Phase III Section 313,
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City and the Landowner and Association provides for management of
Stormwater within the confines of the Property; and
WHEREAS, the City and the Landowner and Association, 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
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.11/19/2020 JLE
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, including Association, the location and dimensions
of which is shown and more particularly described by metes and bounds in the attached
Exhibit"A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater Facility is located.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terns and conditions, the parties hereto agree as
follows:
1. The Landowner and Association, 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 and Association, 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 Facilities, berms, outlet structure, pond areas,
access roads, etc. Components of the Facility, which need maintenance or
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
replacement to perform their design function, shall be noted in the inspection
report along with the corrective actions to be taken.
3. The Landowner and Association, 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 deems
necessary. 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 and the Association, 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 and the Association, 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 or the Association. 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/19/2020 JLE
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION COVENANT AND AGREE 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 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;
OR FAILURE TO PERFORM ANY OTHER DUTIES OR
OBLIGATIONS HEREUNDER.
7. Landowner and Association 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 and Association
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.11/19/2020 JLE
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of GBTM Sendera, LLC as Landowner hereunder shall expire and
be of no further force or effect upon the transfer ("Transfer") by GBTM
Sendera, LLC to the Association of legal title to the Facility Property, save and
except for any liabilities, indemnities and obligations of GBTM Sendera, LLC
as Landowner hereunder which have accrued and are due, payable and/or
performable as of the date of the Transfer and which shall expressly survive the
Transfer.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
STORMWATER FACILITY MAINTENANCE AGREEMENT CJ
Rev.11/19/2020 JLE
Executed this 6th day of July 2021
CITY: LANDOWNER:
�l1Gl' l�Gt��ILL4l0�
Dana Burghdoff(JUY6,2021 P:157 CDT)
Dana Burghdoff, Asst. City Manager Bobby Samuel, Development Manager
City of Fort Worth GBTM Sendera, LLC
Date: Jul 6,2021 Date: 6/22/2021
Approved as to Form and Legality:
Chrsita R.LoperReynolds(Jul6,20 15:0
Christa Reynolds, Sr. Asst. City Attorney HOMEOWNERS ASSOCIATION
City Attorney's Office
Date: Jul 6,2021
Bobby Samuel
a� on Madero Madero Residential Community,Inc
O° °°°o°°--ok d
o .0.0 Date: 6/22/2021
00
40,
2�
ATTEST: / °
0 0 Al
YA o°°OOOpppO°°p p�
raa4 nEXp Contract Compliance Manager:
Ronald P. Gonzales,Acting City Secretary By signing I acknowledge that I am the
City Secretary's Office person responsible for the monitoring and
administration of this contract, including
Date: Jul 8,2021 ensuring all performance and reporting
requirements.
Tani&Soarlol-,�Nomle5
Janie Scarlett Morales(Ju12,202118:19 CDT)
Janie Morales, Development Services
Date: Jul 2,2021
OFFICIAL RECORD
CITY SECRETARY
ORM 9 J
ATER FACILITYMAINTENANCE AGREEMENT
Re FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on_July 8,2021 by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth.
Digitally signed by Jennifer L.
aYP�oqP JENNIFER L. EZERNACK Jennifer L. EZernack Ezernack s� Date:2021.07.08 13:39:46-05'00'
2 Notary Public _ ._
• STATE OF TEXAS Notary Public State of Texas
GV�Sy Notary I.D. 130561630 '
My Comm. Exp. Mar. 1,2024
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 22 day of
.rune 2021, personally appeared
Bobby Samuel
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
GBTM Sendera LLC , and that he executed the same as its
Development Manager_ and as the act of such Developmentl4,anager and for the purposes and
consideration expressed in the foregoing instrument.
f�
a lic State of Texas
Kristy Lyn Chandler
Notary Public,State of Texas
4 Notary ID 12977023-8
or +' My Commissfon Exp.04-01-2022
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.11/19/2020 JLE
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 6/22/2021 by,
Bobby Samuel , authorized representative, acting on behalf of the
Madero Residential Community, Inc. Homeowners Association.
f,lota C, tate o exas
Kristy Lyn Chandler
' Notary Public,State of Texas
o Notary ID 12977023-8
My CommLmAon Exp,04-01-2022
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.11/19/2020 JLE
EXHIBIT"A"
0.434 ACRE STORM WATER FACILITY MAINTENANCE AGREEMENT
BEING 0.434 ACRES OF LAND SITUATED IN THE MATTHEW ASHTON SURVEY,ABSTRACT NO. 1, CITY OF
FORT WORTH, DENTON COUNTY,TEXAS,AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO
GBTM SENDERA, LLC. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 2020-132253, DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID GBTM SENDERA TRACT, FROM WHICH A 5/8-INCH
IRON ROD WITH CAP STAMPED "CARTER BURGESS" FOUND ON THE WEST RIGHT-OF-WAY LINE OF
SENDERA RANCH BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY) FOR THE SOUTHWEST CORNER OF
SAID GBTM SENDERA TRACT BEARS SOUTH 00°27'17" EAST,A DISTANCE OF 835.39 FEET;
THENCE NORTH 00°27'17"WEST, WITH SAID WEST LINE,A DISTANCE OF 55.12 FEET;
THENCE DEPARTING THE WEST LINE OF SAID GBTM SENDERA TRACT, OVER AND ACROSS SAME TRACT
THE FOLLOWING COURSES AND DISTANCES:
NORTH 13°43'40" EAST,A DISTANCE OF 79.86 FEET;
NORTH 01°24'26"WEST,A DISTANCE OF 91.69 FEET;
NORTH 01°19'46" EAST,A DISTANCE OF 109.20 FEET;
NORTH 06°11'45" EAST,A DISTANCE OF 19.64 FEET;
NORTH 19°04'40" EAST,A DISTANCE OF 33.87 FEET;
SOUTH 80°57'04" EAST,A DISTANCE OF 30.38 FEET;
SOUTH 00°27'17" EAST,A DISTANCE OF 379.78 FEET;
THENCE SOUTH 89°32'43"WEST, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 0.434 ACRES (18,922 SQ. FEET) OF LAND.
Aaron C. , .P.L.S. May 25, 2021
Registered Professional Land Surveyor OF
Texas Registration No. 6702 P;•G�s TAR°:F+
LJA Surveying, Inc. ;*q..
3017 West 7t" Street, Suite 300 °.' ......••e•••••..........
Fort Worth, Texas 76107 AARON C. BROWN
asedoeee.eeeeesee........e.°..
682-747-0800 q 6702 p
TBPELS Firm No. 10194382 �q�DFS RV�y0
Page 1 of 2
CARLY ANN CARTER
DOC. 2013-28993
D.R.W.C.T.
ko 7
J 0.434 ACRES
170 NORTHSTAR RANCH DEVELOPER, INC. I 00 18,922 (S.F.)
13.745 ACRES
C.C.# 201 8-1 45498 I
R.P.R.D.C.T.
GBTM SENDERA, LLC
POINT OF 71 C.C.# 2020-132253
BEGINNING R.P.R.D.C.T.
LINE BEARING DISTANCE
L1 N00'27'17"W 55.12' 00 �
L2 N13'43'40"E 79.86'
L3 N01'24'26"W 91.69' W
L4 N01*19'46"E 109.20' 1�
L5 N06'11'45"E 19.64'
L6 N19'04'40"E 33.87' n
N
L7 S80'57'04"E 30.38' p
L8 S00'27'17"E 379.78' N
L9 S89'32'43"W 65.00'
71RF98LEGEND CIRF 17N C.C.# COUNTY CLERK'S FILE NO. RA RANCH
" CIRF 5/8 INCH IRON ROD FOUND WITH CAP C.C.# D209069795
STAMPED "CARTER BURGESS" P.R.T.C.T.
> SUNCATCHER WAY—Iff
Q R.P.R.D.C.T. REAL PROPERTY RECORDS, (GO'RI(;IIT-OF-WAY)
x
DENTON COUNTY, TEXAS
W
s P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, STORYTELLER LANE
TEXAS SENDERA RANCID (50'RIGIIT-OF-WAY)
E D.R.W.C.T. DEED RECORDS, WISE COUNTY, BOULEVARD
TEXAS (VARIABLE WIDTH RIGHT-OF-WAY)
W
0
CD
N 200 0 200
HORIZONTAL DATUM:
THE BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NA083
N (NAD83 (2011) EPOCH 2O10), AS DETERMINED BY GPS OBSERVATIONS. ALL DISTANCES SHOWN HEREON ARE 1 INCH = 200 FT.
N THE RESULT OF THE APPLICATION OF A COMBINED SCALE FACTOR OF 1.00015063 FROM THE ORIGIN (0,0).
DATE: 05/25/2021 EXHIBIT "A"
PAGE 2 DRWN BY: S.A.T. 0.434ACRE LJA Surveying, Inc.
a 3017 West7th Street Phone 682.747.0800
STORM WATER FACILITY MAINTENANCE AGREEMENT
I CHKDBY: A.C.B. SITUATED IN THE Suite300
Z OF 2 PROJ NO. 0112 MATTHEW ASHTON SURVEY,ABSTRACT NO.1 Fort Worth,Texas 76107 T.B.P.E.L.S.Firm No.10194382
0 1 1 CITY OF FORT WORTH,DENTON COUNTY,TEXAS
Exhibit "B"
CONSTRUCTION PLAN SHEETS:
COVER PAGE
• DRAINAGE MAPS
STORM DRAIN SHEETS
• GRADING PLANS
• SWALE SHEETS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
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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
Rev.11/17/2016
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
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
Rev.11/17/2016