HomeMy WebLinkAboutContract 56739 Date Received: 11/29/2021 Permit No.: SWFMA-21-0068
Time Received: 2:25 pm City Secretary No.: 56739
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of Nov. , 2021 , by
and between Wayfare Cibolo Hills, LLC, acting by and through H. Jackson Wallace,
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 53.537 acre tract located in the B. Thomas Survey, Abstract No. 1497,
Tarrant County, Texas according to the deed recorded in Instrument No D221240085,
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 Wayfare Multifamily 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
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX
Rev.11/17/2016
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 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 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.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 16th day of November 20 21
CITY: LANDOWNER:
c=-/A
DJ Ha 16,2021 16:04 CST) WAYFARE CIBOLO HILLS, LLC,
DJ Harrell, A Delaware limited liability company
Development Services Director
City of Fort Worth By: Wayfare Development
Group-Cibolo Hills, LLC,
Date:
Nov 16, 2021 A Delaware limited liability company
By: IMS Development III, LLC,
An Alabama limited liability company
Its: Manager
By:
Approved as to Form and Legality: H.Jackso Wallace
President& Chief Operating Officer
Gl�rstz� R, LrmeL—R�-r-�`c��
Christa R.Lopez-Reynold (Nov 12,2021 11:23 CST)
Christa R. Lopez-Reynolds,
Sr. Assistant City Attorney
City Attorney's Office
Date: Nov 12,2021 pdd�4n�u�� Contract Compliance Manager:
FORT a
��F°°°°°°°°°�yaa By signing I acknowledge that I am the
��.o° 0��dd person responsible
ATTEST: p v o o=� for the monitoring and administration of
0, ,�o° '3�" this contract, including
�� °°°°°°°°°° a ensuring all performance and reporting
tiEXASo
requirements.
Ronald P. Gonzales,Acting City � 2c
Secretary, City of Fort Worth
Date: Nov 25, 2021 Janie S. Morales, Planning Manager
Development Services
Date: Nov 12,2021
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev. 1 111 7/2 0 1 6
FT.WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 11/16/2021 by DJ
Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of
Fort Worth.
JOSH MARTIN
_ Notary Public
+ * STATE OF TEXAS '
Notary Public State of Texas
Notary My Comm.l6820_
Exp.Feb ,2024
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
bor't.N{f , 2Q2A personally appeared
known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowle4ged to me that the same is the act of
C'' Ct (' and that he executed the same as its
E� and as the act of such d for the purposes and
consideration expressed in the foregoing instrument.
en
Notary Public, State ogTexis
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.1111712016
Exhibit A
DESCRIPTION OF A
PROPOSED "SWFMA" AREA
BEING that certain tract of land situated in the B. Thomas Survey,Abstract Number 1497, City
of Fort Worth, Tarrant County, Texas, being a portion of the remainder of that tract of land,
described as "Tract 1" by deed recorded in Instrument Number D218219521, County Records,
Tarrant County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod, found at the southeast corner of said remainder tract,
the southwest corner of Lot 2, Block 1, Eagle Mountain-Saginaw Maintenance & Transportation
Facility Addition, an addition to Tarrant County, Texas, by plat recorded in Instrument Number
D209031826, said County Records, and in the north line of that tract of land, described as "'Tract
6"by deed recorded in Volume 2542, Page 1, said County Records;
THENCE S 89°39'36"W, 1086.06 feet, with the south line of said remainder tract and said
north line,to a 518 inch iron rod, with plastic cap stamped"PELOTON" found;
THENCE S 89039'22"W, 344.42 feet, continuing with said common line;
THENCE N 00021'35"W, 88.74 feet, departing said common line,to the POINT OF
BEGINNING;
THENCE over and across said remainder tract, the following courses and distances:
N 00021'35"W, 26.59 feet;
N 29038'25"E, 11.41 feet;
N 00021'35"W, 12.70 feet;
S 89038'25"W, 30.16 feet, to the beginning of a curve to the right,
With said curve to the right, an arc distance of 47.12 feet, through a central angle of
90°00'00", having a radius of 30.00 feet,the long chord which bears N 45021'35"W,
42.43 feet;
N 00019'48"W, 37.52 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 47.12 feet, through a central angle of
90°00'00", having a radius of 30.00 feet, the long chord which bears N 44°40'12"E,
42.43 feet;
N 89040'12"E, 106.00 feet;
N 44°40'12"E, 28.26 feet, to the beginning of a curve to the right;
Peloton Job No.TMS20001
Ft.Worth July 06,2021
G:\JOB\TMS20001_Chapel_Hill_N[F\MasterDev\ Sur\Exhibits\Legals\TMS20001_EXl.doex Page I of
Exhibit A
With said curve to the right, an arc distance of 30.84 feet, through a central angle of
67°57'06", having a radius of 26.00 feet,the long chord which bears N 78°38'45"E,
29.06 feet, to the beginning of a reverse curve to the left;
With said reverse curve to the left, an arc distance of 36.6.5 feet, through a central angle
of 22°57'06", having a radius of 91.50 feet, the long chord which bears S 78°51'15"E,
36.41 feet;
N 89040'12"E, 76.24 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 40.84 feet, through a central angle of
90°00'00", having a radius of 26.00 feet,the long chord which bears S 459948"E,
36.77 feet;
S 00019'48"E, 72.21 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 40.84 feet, through a central angle of
90°00'00", having a radius of 26.00 feet,the long chord which bears S 44°40'12"W,
36.77 feet;
S 89039'04"W, 63.19 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 18.46 feet, through a central angle of
66°05'41", having a radius of 16.00 feet,the long chord which bears N 5718'05"W,
17.45 feet, to the beginning of a reverse curve to the left;
With said reverse curve to the left, an arc distance of 31.81 feet, through a central angle
of 113°54'08", having a radius of 16.00 feet, the long chord which bears N 81°12'31"W,
26.82 feet, to the beginning of a reverse curve to the right;
With said reverse curve to the right, an arc distance of 13.35 feet, through a central angle
of 47°48'00", having a radius of 16.00 feet, the long chord which bears S 65°44'25"W,
12.96 feet;
S 89038'25"W, 95.10 feet;
S 00021'35"E, 49.17 feet;
THENCE S 89°38'25"W, 30.71 feet to the Point of Beginning and containing 36,302 square
feet or 0.833 acres of land more or less.
"Integral Parts of this Document"
1. Description(2 Pages)
2. Exhibit
Peloton Job No.TMS20001
Ft.Worth July 06,2021
G:\JOB\TMS20001_Chapel_Hill_N[F\MasterDev\ Sur\Exhibits\Legals\TMS20001_EXl.doex Page 2 of
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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
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
Condition of filtration
system
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/17/2016
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.11/17/2016