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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 CO Z Lil W >- �/J J L.I i o N (AVM-HO-iH9lb 3CIIM 100�'�0�d7 z W M [~L' W z U 99� 'ON ddO2� W� �?_ w ()' 0 0 � ado ❑Nnon gme Q� � � � o apq Q U) ~ Z w w � U0D NiM U a0.0 � U m co I ( ¢ zmc? l " l LL uj❑❑14 Q 2 0 t— LU Q l..L Z 0 U Q 03 Z sr ~ 0 Q = d m j a1 LL ❑ Z Co (ifc D U D 4) [6 0 -0 _ LOZ N p r J Cq YC U cn H C) or� ai CO U) 0 0 C p N co co (t} LL! r^ D .0p N Z W ff> Z OQ 0 0 N � � Z �-- N Z u l � 0] ' o ra W c� c� i� ❑ G T ❑ � W mM moo ° EOD t11 LL 00 Z ? 7 t1i 47 L N oI Z 11 Z `¢ a w 00 t � 7+ w LL Q v,Q f t3 C U Q o LU C N 43 [I] W r ~ m y C [i] V U as W U � lC3 0 Z �--� Zr W �_ m Z CO [A N (n I— 0 oJo rn $ z � N ° � • : w . W Q N Co d J o ❑ t- 00 00 CC ai : co LU (7w Mg m �m i z in [p M CD CO w JZ00 Z _ Q❑ C) ❑ Z 00 9 LLI Lq " -: -i LO �r uy7 0 t s J •- Q U) U I- CL 00 tO Z (a m co co o _j < N w (—o (o rl- (1) < u3 a o ¢ SiL o V E- NN . m0 CO ❑ W z a � 1 < _ O J J J J ❑ U coL VC v O lcn mLL �l ' w2 Exhibit "B" STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 9OL91 SWAI Hl?OV 1?od S!14 CIVCH CINnOIN�11118 OEG cAvN V71HV cj dJ co�JELNEIO Noiinei�jisia 1](1 C13SO 0 NZ EISVNIV L) CIV3H Mcl (Aalwl UJOH(( Dl 0 2 s 2 g 2 ;-x 2 E E E 2 Q 2 Ro R 2 R o o 2< t z o zo ............. ........ .9 ................. 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IV(h]OASINni i-10H CIV�IHIIV2l SNOUO3S SISMAO 7-- 3A��S 01 SiNMN3AO�JdAl 'R NV-ld E)NI(MtIO GNOd uj%j(((AajWl)j 10'Qk I�A-," 213AA3S A2JVIINVS(INV .. ?:OiVAA'3 DVNIVIIJ Cl eNlAVJ 2.j P 0 G z a M p -- -cu-- -------------- -------------- ------------- -—————- --- ------ --- -------- --- wo ——————————————————— 18 "n OW9 It, - -————— Ji 5 ------- exec 8 U) T --RF 41 gO —ems I 5 0."g n-Z Z�l l I'N If q 7� r - T 4 -4 3 -AIA ............ SVX31'Hi2JOAA 12JOJ JO U13 CIVO�l CIV�]WlMl 092 't �H 1. IV(hJO=lSNm i-10H 4V3HIIV2l -ino 0 SNoiiv IVO GNOd I 3A��S 01 SiN3LN3AMJdA uj% �13AA3S A2JVIINVS(INV ?J 3iVAA'3 OVNIVIIJ Cl eNlAVJ a) E o m tD oo r, Ln o r, 0 C) 0 0 0 C-4 it Xl < 0 C) 0 0 0 0 0 0 0 0 Lo q r4 m Ln 1D r, 00 co 00 00 00 co 00 00 > ko W ID ko ID LO LO LO 'x C� < 0 A 4 R 76 6 6 6 6 d ci 6 < 75 m • ID a 0 c Lh C� 'c (5 d c:5 0 0 0 c; ro0 v H 0 cj c4 Lr) C� F— Ln r, C5 48 t 0 (U < Z' 76 E 0 m m w I E E E > '6 '6 r-4 ro -F. < F-- 0 8NO E 11 11 (U Ni C5 < rq C-4 0 0 ro r-4 8 :s F . I 9� I m cu Lf) li li 0� . 1� o r-� w 'E (:i '6 16 w 1 2 k.0 0 56 !:-�s 2 -, cu u m . = E 11 11 u 11 11 11 lz 0 w mi cu 2 E U- 0 6 .6 0¢ 2 C, < 0 rl rl lO tf E �g ug 6 r-4 ai Y 0 ul: < < c E Zq -I 'q E O a C'! 10 '6 C5 41 > o Ly . z O1 C m > v ¢ F w x 0 D z 0 0 E z< M5 0, < ID z <x < c L) 'o<'<w< m m C4 0"'D ..0 --f��OZ 11 0 z <2�O cn ci < < - . o 1 .1 - — co 0 MH E S 0 . Z S 0< 0 0 PU E > 0 IR 11-1 I E > >. ............ 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. 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