HomeMy WebLinkAboutContract 56339 Date Received: Sep 21,2021 City Secretary
Time Received: 9:34 am Number: 56339
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 17th day ofSept. , 2021, by
and between Lennar Homes of Texas Land and Construction LTD , acting by and through
Laura Salgado , 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 8.604 acre tract located in the J.W. Hayes Survey, Abstract 781, A. Cast
Ello Survey, Abstract 272, J.H. Duncan Survey, Abstract 398, Tarrant County, Texas
according to the deed recorded in Document Number D221020277 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 Lennar at Risinger Court 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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.11/17/2016
FT. WORTH, TX
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 "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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 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, 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 necessaa 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.1 111 7/20 1 6
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
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 17th day of September _2021
CITY: OWNER:
b�Br�g6u7r�
Dana Burghdoff( p 17,20 17:24 CDT)
Dana Burghdoff, Asst. City Manager Laura Salgado, Authorized Agent
City of Fort Worth Lennar Homes of Texas Land
And Construction910, 124 LTD
Date: Sep 17,2021 Date:
Approved as to Form and Legality:
Chl-xtta/F Lo Z,� g glal'
Christa R.Lopez-Reynold (Sep 15,20211 :10 CDT)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: Sep 15,2021
0�°�ORr�ad�
°
'° %Oo Ot ATTEST:
0
° A
° °
° '
° /
°° °°° * d Contract Compliance Manager:
a�4-4EXp`''oaAp B signing I acknowledge that I am the
nuao4 Ronald P. Gonzales, Acting City y g g g
person responsible
Secretary, City of Fort Worth
for the monitoring and administration of
Date: Sep 20,2021 this contract, including
ensuring all performance and reporting
requirements.
Janie S. Morales, Planning Manager
Development Services
Date: Sep 16,2021
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.1111712016
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on September 17, 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.
Jennifer L.
Ezernack
Date:2021.09.20 10:01:39
le
JENNIFER L. EZERNACK Ezernack _05'00'
Notary Public
STATE OF TEXAS Notary Public, State of Texas
Notary I.D. 130561630
My Comm. Exp.Mar. 1,2024
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned aVkhority on this day of
�1►--1�,� ? \ personally appeared
known
to me to be the person ' ose name is subscribed to the foregoing instrument and
knowledged to me th-
at + the e Ss the act of
-F-oY `� �lat he executed the same as its
aA as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
Notary P bli tate of Texas
``ttY pll MADISON TAYLOR BEENE
:Notary Public, State of Texas
Comm. Expires 06-15-2025
Notary ID 131173665
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11117/2016 FT. WORTH, TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11I17/2016
CURVE f,ARC LENGTH RADIUS!DELTA ANGLE I CHORD BEARING!CHORD LENGTH
CI 264.33' !353.BD 42°4825"v m N 57°44'38"W '258.23'
F
1"=80'
2n p 112"IRF
O Oo U")A (CM) i
�n rri
2
LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. (p3
y m o�-yy CC#D221020277 41-1
VZp _ N10°51'09"E O.P.R.TGT. o�
w Z 19,39' p0
_ yti
\a� J. W. HAYNES SURVEY
$83'48Q4"E APPROXIMATE SURVEY LINE ` ABSTRACT NUMBER 781
1/2"IRF j 286,7b' J. H. DUNCAN SURVEY
"B&C" ABSTRACT NUMBER 398
(CM)
19,534 SQ.FT S 47007'52"E
N 84°37'06" W 0.448 ACRES 34.11' 4
67.46' �✓ 1� �(2��Gi
p�' S10 PL S�
L C f�O �� Q��j pi,x.
COHIX LLC o�jO�tiOQ QQ
CALLED: TRACT 1
CC#D208444286
O.P.R.T.C.T. 112"IRF
(CM)
POINT OF -
BEGINNING
J
AP
TERENCE A MURRAY
6059
BASIS OF BEARINGS IS THE TEXAS STATE COORDINATE SYSTEM, TEER/ENCE A. MURRAY S U R v
NORTH CENTRAL ZONE,NAD83 DATUM,2011 REALIZATION. REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NUMBER 6059
DATED: 07-07-2021
LEGEND:
IRF IRON ROD FOUND
IPF IRON PIPE FOUND
CM CONTROLLING MONUMENT
PIERCE- MURRAY EXHIBIT"A"
LAN D SOLUTIONS CITY OF FORT WORTH STORMWATER FACILITY
EngineeringSurveying MAINTENANCE AGREEMENT AREA
800 TALLYHO CIRCLE SITUATED IN THE J. W. HAYNES SURVEY,ABSTRACT NUMBER 781,AND
TYLER,TEXAS 75703
(817)239-5646 THE J.H. DUNCAN SURVEY,ABSTRACT NUMBER 398,
(903)539-2256 TARRANT COUNTY, TEXAS
TBPELS FIRM REGISTRATION NO, 10194437
DRAWN BY: CDP CHECKED BY: TAM DATE: 07-07-2021 JOB NO. 2005-040 TBPELS NO. 10194437 FILE: 2005-040 EA1
EXHIBIT"A"
CITY OF FORT WORTH STORMWATER FACILITY MAINTENANCE AGREEMENT AREA
Being a tract of land situated in the J.W. Haynes Survey,Abstract Number 781,and the J. H. Duncan
Survey,Abstract Number 398,all of Tarrant County,Texas and being a portion of that certain tract of
land as described by deed to Lennar Homes of Texas Land and Construction, LTD.As recorded in County
Clerk's File Number D221020277, Official Public Records,Tarrant County,Texas,and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the most southerly southeast corner of said Lennar Homes
of Texas Land and Construction Tract, being the southwest corner of that certain called 15.341 acre tract
of land as described by deed to The City of Fort Worth,Texas as recorded in County Clerk's File Number
D218246111, Official Public Records,Tarrant County,Texas,and being in the north line of that certain
tract(Tract 1)described in deed to COHIX, as recorded in Instrument Number D208444286,Official
Public Records,Tarrant County,Texas and being the beginning of a non-tangent curve to the left;
THENCE along southerly line of said Lennar Homes of Texas Land and Construction Tract common with
the northerly line of said called Tract 1 and with said non-tangent curve to the left, an arc distance of
264.33 feet,through a central angle of 42°48'25", having a radius of 353.80 feet and a long chord of
which bears N 57°44'38"W,258.23 to a point from which a 1/2 inch iron rod with cap stamped "Brittain
and Crawford"found in the easterly line of Fox Run Addition as recorded Cabinet A,Slide 3873, Plat
Records,Tarrant County,Texas and being the southwest corner of said Lennar Homes of Texas Land and
Construction Tract bears N 84°37'06"W, 67.46 feet;
THENCE departing said common line, N 10°51'09" E, a distance of 19.39 feet to a point;
THENCE S 83°48'44" E, a distance of 286.76 feet to a point;
THENCE S 47°07'52" E, a distance of 34.11 feet to a point in the easterly line of said Lennar Homes of
Texas Land and Construction Tract common with the westerly line of said 15.341 acre Tract from which
a 1/2" iron rod found at an angle point in said common line bears N 42°52'08" E, a distance of 342.63
fe et;
THENCE S 42°52'08"W, a distance of 140.19 feet returning to the Point of Beginning and containing
19,534 square feet or 0.448 acres of land, more or less.
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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
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