HomeMy WebLinkAboutContract 56440 Date Received: 10/15/21 City Secretary
Time Received: 9:59 am Number: 56440
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 5th of October , 2021,
by and between 850 Railhead Industrial, L.P., a Texas limited partnership, acting by and
through Doug Lueders, 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 9.7772 acre tract located in the John Hibbins Survey, Abstract No. 638,
Tarrant County, Texas according to the deed recorded as Instrument No. D221067489,
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 Railhead Forth Worth, Phase One
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 Storm water 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 Storm water 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.1111712016
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:
L 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.11117=16
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 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 alien 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.11/17/2016
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this 5th day of October 2021
CITY: LANDOWNER:
Z__1"_1__ 11 850 RAILHEAD INDUSTRIAL, L.P.,
Dana Burghdoff(Oct 5,202 :39 CDT) a Texas limited partnership
Dana Burghdoff, Asst. City Manager
City of Fort Worth By: 850 Railhead GP Series,
a series of HLCI Investment Series II, LLC,
Date: Oct 5,2021 a Texas series limited liability company
By:
Doug Luckirs
Vice President
Date: g h Z`7 11 1
Approved as to Form and Legality:
C i R. L a�se-z-&4e=a
Christa R.Lopez-Reynolds(Oct 5,2021 :20 CDT)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: Oct 5,2021 Contract Compliance Manager:
By signing I acknowledge that I am the
ATTEST: �oo��R��a person responsible
a�F°F°°°°r�Lad for the monitoring and administration of
Ff` �,p0, this contract, including
/_+ °
V° 0
0 ensuring all performance and reporting
° °
Ronald P. Gonzales, Acting 0 0 o� d requirements.
City Secretary y °°°°°°°°°°°°° d
���EXPSaap Tennifer Ezernack on behalf of
Date: Oct 12,2021 Jennifer Ezernack on behalf of(Oct 5,202111:26 CDT)
Janie S. Morales, Planning Manager
Development Services
Date: Oct 5,2021
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.1 1/1 7120 1 6
FT.WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on _ October 5,2021 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
RYP JENNIFER L. EZERNACK Digitally signed by�nniferL
rnack
Notary Public Jennifer L.Ezernack e 2021.1a6610i01.43-05'd6'
.®• STATE OF TEXAS
Notary I.D. 130561630 Notary Public, State of Texas
My Comm. Exp.Mar. 1,2024
STATE OF TEXAS §
COUNTY OF `lG §
Before me, the undersigned authority on this n-P day of September, 2021,
personally appeared Doug Lueders, Vice President of 850 Railhead GP Series, a series of
HLCI Investment Series II, LLC, a Texas series limited liability company, as general
partner of 850 Railhead Industrial, 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 in his authorized capacity on behalf of such comppany and for the purposes
and consideration expressed in the foregoing instrument.
LESLYt'i M BRADY
o`�Y PUB�o=:Nouiy Public,State of Texas
1V,y Commission Expires
jjiay 25
'' OTARY ID 8 AR D 001 3543,
Notary Publi State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
LEGAL DESCRIPTION
STORM WATER FACILITIES MAINTENANCE AGREEMENT
BEING a 39,831 square foot (0.9144 acre) tract of land situated in the John Hibbins Survey, Abstract No. 638, City
of Fort Worth, Tarrant County, Texas; said tract being part of Lot 4, Block D, Railhead Fort Worth, Phase One, an
addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 4358, Plat Records, Tarrant
County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to 850 Railhead,
LLC recorded in Instrument No. D218066214, Official Public Records, Tarrant County, Texas; said tract being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA"set for the southwest corner of said Lot 4;
THENCE North 89°58'22" East, along the south line of said Lot 4, a distance of 89.15 feet to the POINT OF
BEGINNING;
THENCE North 0002'32"West, departing the said south line of Lot 4, a distance of 36.52 feet to a point for corner;
THENCE South 89057'28"West, a distance of 79.23 feet to a point for corner;
THENCE North 0°04'31" East, a distance of 38,15 feet to a point for corner;
THENCE North 89°57'28" East, a distance of 567.09 feet to a point for corner;
THENCE South 63°41'28" East, a distance of 13.35 feet to a point for corner;
THENCE South 32048'31" East, a distance of 19.04 feet to a point for corner;
THENCE South 0002'32" East, a distance of 52.87 feet to a point for corner in the said south line of Lot 4, from
which a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4, being in the west
right-of-way line of Blue Mound Road (a 100-foot right-of-way), bears North 89058'22" East, a distance of 72.53 feet;
THENCE South 89'58'22"West, along the said south line of Lot 4, a distance of 222.32 feet to a point for corner;
THENCE North 0002'32"West, departing the said south line of Lot 4, a distance of 31.75 feet to a point for corner;
THENCE South 89'57'28"West, a distance of 36,00 feet to a point for corner;
THENCE South 0002'32"East, a distance of 31.74 feet to a point for corner in the said south line of Lot 4;
THENCE South 89°58'22" West, along the said south line of Lot 4, a distance of 251.89 feet to the POINT OF
BEGINNING and containing 0.9144 acres or 39,831 square feet of land, more or less.
NOTES
Bearing systern based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby
certifies that the foregoing description accurately sets out the metes
and bounds of the tract. STORM WATER FACILITIES
MAINTENANCE AGREEMENT
JCHN HIBBINS SURVEY
0 T ABSTRACT NO. 638
MICHAEL C. BILLINGSLEY `' ' � ° '' s CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARANT COUNTY TEXAS
LAND SURVEYOR NO, 6558 MICHAEL CLEO BILLINGSLEY
801 HERBY STREET, .. ,0...655g....V: • Kimlev))) Horn
UNIT11 SUITE 1300 �.,•�,
FORT WORTH, TEXAS 76102 q '••��F551���'0�
801 Cherry Street,Unit 11.#1 000 Tel.No.(917)335.8511
PH. 817-335-6511 •up•UDR v�� Fort Worth.Texas 76102 FIRM 9 10194040 vn .kimley-hom.coro
Scale Drawn Chocked by Dale PraedNo. Sheet No-
michael.billingsley@kimley-horn.com
NIA DMD MCB 61202021 064186008 i OF 2
ORUMMOMD.DASHAWN 6124I2021 8:09 AM Ki FTW SURVEWS4156006.850 RAILHEAD1OWG1064186006.850 RAILHEAD—SWFMA.DWG
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STORMWATER FACILITY MAINTENANCE AGREEMENT 9
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 8
Rev.11/17/2016
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