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HomeMy WebLinkAboutContract 56781 August 17, 2021 Date Received: 12/06/2021 Pe3•mit o.: S�N.T_ 'IA-'2I-0066 Thine Received: 11:44 am City- Secretary No.: 56781 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of December 2021,by and between Pioneer Point Owners Association, Inc. (the"Association"), the City of Fort Worth, hereinafter referred to as "City", and Oncor Electric Delivery, a("Oncor"), WITNESSETH WHEREAS, Oncor is the owner of an approximately 28.855 acre tract in the City of Fort Worth described in that certain Special Warranty Deed recorded at Volume 02658, Page 308, of the Real Property Records of Tarrant County, Texas (the "Oncor Property"); and WHEREAS,D.R. Horton-Texas, Ltd., a Texas limited partnership("D.R. Horton"), is the developer of the Pioneer Point Phase 2 subdivision adjacent to the Oncor Property ("Pioneer Point Phase 2"); and WHEREAS, D.R. Horton is required to construct drainage improvements in connection with development of Pioneer Point Phase 2, including a flume and related improvements to be constructed and maintained on a portion of the Oncor Property (the "Facility"); and WHEREAS, Oncor has granted a drainage easement to the City for approximately 2,701 square feet (0.062 acres of land more or less) of the Oncor Property described and depicted in Exhibit A (the "Oncor Easement") for construction and maintenance of the Facility; and WHEREAS, D.R. Horton created the Association to, among other things, own and maintain private open space for Pioneer Point Phase 2, including without limitation Lot 1X, Block 14, contiguous to the Oncor Easement; and WHEREAS, the City requires that the Facility be adequately maintained; and WHEREAS, the Association will be responsible for maintaining the Facility; and OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 FT. WORTH, TX August 17, 2021 WHEREAS, Oncor is a party to this Agreement solely because the Facility will be constructed and maintained on the Oncor Easement owned by Oncor; and WHEREAS, Oncor has no obligations to construct or maintain the Facility and no liability with respect to the Facility; 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 Association, its successors and assigns, shall adequately maintain the Facility at no expense to the City of Fort Worth or Oncor 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 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 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 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. 3. Oncor, the Association, and their successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Oncor Easement and to inspect the Facility whenever the City deems necessary. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 August 17, 2021 The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Association, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event 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 Oncor Easement 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 neither the City nor Oncor is under any 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 or Oncor, such obligation is the Association's. 5. 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 fiinds in performance of said work for labor, use of equipment, supplies,materials, and the like, the Association, 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 Association 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 Association, but not the underlying 28.855-acre tract owned by Oncor. 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 or Oncor. THE ASSOCIATION AGREES TO HOLD THE CITY AND ONCOR HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 August 17, 2021 HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH AND ONCOR, 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 THE ASSOCIATION 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. The 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 by Oncor within the drainage easement, which do not impede drainage. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with Lot 1X, Block 14, Pioneer Point Phase 2 Addition, and shall be binding on the Association, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. By signing this Agreement, Oncor (i) acknowledges that the Facility will be constructed and maintained on the Oncor Easement; and (ii) grants to the Association the right of access across the Oncor Property as needed to perform the Association's obligations pursuant to this Agreement. 10. The City will look solely to the Association for maintenance of the Facility in accordance with the Agreement. The City acknowledges that Oncor has no obligations whatsoever with respect to the Facility except as set out in Section 9. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 I st December 21 Executed this day of 20 CITY: DJ Harrell(Dec 1,2021 11:54 CST) DJ Harrell, Development Services Director City of Fort Worth Date: Dec 1,2021 Approved as to Form and Legality: Christa R.Lopez-Reynold (Nov 30,2021 ff.22 CST) Christa R. Lopez-Reynolds, Sr. Assistant City Attorney City Attorney's Office Date: Nov 30,2021 qq FORT as OQO°°°°°°°00 °° I Y ATTEST: %oP.d Contract Compliance Manager: v o g 2 By signing I acknowledge that I am the .7G1b/bIG��G cS GDOGfGtGG ° ° °° o �c� person responsible Jannette S.Goodall(Dec 6,202111:32 CST) d� °°°°°°°°° o a for the monitoring and administration of Jannette Goodall, ��nEXpSoAd this contract, including City Secretary ensuring all performance and reporting City of Fort Worth requirements. Date: Dec 6, 2021 � y�f �d Evelyn Robert on behalf of(N)v 30,?021 10 Janie S. Morales, Planning Manager Development Services Date: Nov 30,2021 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/19/2020 JLE August 17, 2021 Pioneer Point Owners Association, Inc. i By: _ Name: Benjamin M. Clark ssis an ice resident Title: STATE OF TEXAS I I COUNTY OF TARRANT Before me, the undersigned authority on this �a Y da of n C ow 2021, personally appeared ikill wivi 1M, C Qvy-- ki-Yp of Pioneer Point Owners Association, Inc., 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 the Pioneer Point Owners Association, Inc., and that heishe executed the same for the purposes and consideration expressed in the foregoing instrument. � 4Y�PUI�' RUTH RESENDEZ *,P -., • _Notary Public,State of Texas "r;' Comm. Expires 11-01-2022 \otary Public, State of Texas q�r�n�so� Notary ID 131781375 STORMNATER FACILITY MAINTENANCE AGREEMENT Rev 1111712016 August 17, 2021 Oncor Electric Delivery B : VV) V \ I � Name: Title: c , STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of e r— 2021, personally appeared Sg__ r r.,e,-%- , k—�, , of Oncor Electric Delivery,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 Oncor Electric Delivery, and that he/she executed the same for the purposes and consideration expressed in the foregoing instrument. MANDY M. SMITH j Notary Public, to of Texas `Notary Public,State of Texas SIP,' Q Comm. Expires 08-02 2024 ®�- 'ilFOf�`}� Notary ID 124437083 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on December 1, 2021 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Bichson Nguyen o,�pRYPGe/ BICH SON THI NGUYEN Nguyen afiaD 021.12.0210:32:54 z Notary Public *®* STATE OF TEXAS Notary Public, State of Texas e Notary I.D. 133389224 9�oF� My Comm.Exp.Oct. 13,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Pagel of 3 Exhibit "A" Deseription of a SWFMA Area BEING a tract of land situated in the Beniamin Thomas Survey, Abstract Number 1497,Tarrant County, Texas, being a portion of that tract of land described by deed to Texas Electric Service Company, recorded in Volume 2658, Page 308, County Records, Tarrant County,Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Peloton" found in the east line of said Texas Electric Service Company tract, being at the southwest corner of that tract of land described by deed to D.R. Morton-Texas, LTD, recorded in Instrument Number D220111482, said County Records, and the northwest corner of a remainder of that tract of land described by deed to Boaz Holdings, LP, recorded in Instrument Number D212142260 (corrected by Instrument Number D213135583), both of said County Records; THENCE N 00014'37"E, 1321.32 feet, with the east line of said Texas Electric Service Company tract and the west line of said D.R.Horton-Texas tract, to the POINT OF BEGINNING; THENCE N 74°32'20"W, 94.16 feet, departing said common line over and across said Texas Electric Service Company tract; THENCE N 15036'53"L , 30,00 feet; THENCE S 74032'20"E, 85.92 feet to the east line of said Texas Electric Service Company tract and the west line of a remauider of that tract of land of the aforementioned Boaz Holdings, from which a 1/2 inch iron rod found bears N 00°14'37"E, 260.06 feet; THENCE S 00014'37"W, at 13.48 feet passing a 5/8 inch iron rod with plastic cap stamped "Peloton"found at the northwest corner of said D.R. Horton tract, continuing in all a distance of 31.09 feet to the Point of Beginning and containing 2,701 square feet or 0.062 acres of land more or less. "Integral parts of this document" 1.DcscrlptE011 �.• 2.Exhibit 13 p� cP ...................iDGES +4940 �*r ;ok $ �o; Peloton Job No.LHI.I8001 Tracking No.NIA FTw August 30,2021 G:VOBILHL18001 BOAT CLUBWASTER DEV 3uRVEYIEASEMEN`MI-EGALSX1,HL18001_En53.DOCx Page 1 or -1 n Basis of Bearing is the Texas Coordinate System North Central Zone 4202, NAP 83 Exhibit A w Ri - iron Rod Found Page 2 of 3 0 50 100 71 GRAPHIC SCALE IN FEET a "Integral parts of this document" 1. Description Park Drive 2. Exhibit 0 (a paved traveled roadway, of undetermined width) a !RF I Texas E I ectr i s Service Company _r o Noldl0g5.1 p Vol . 2658 . Pg. 308 s�z Remolnder) O o I C. R. T. C. T. z (Nor# �I21d2.260 � Inst. Correction s?qe3 InW 6213135 83 c Q oa ° c o p � T.Cr. .g5, 322 ) A0.062 0 r6 � -C" N7q o 1RF Q r 0 ��� °�� Point of `� a Beginning V. , Q D.R.Horton Texas,LTD I n st." D220111482 w C..R.T,C.T. 4IRF Point of ofr Commencingca�Q► , ; p� ? Nofdings.LP a, s TO©0 A. i3R106jzL' Roo Refnatnder IRst#�D21214226D 7 '0 .�, Correction 83 o s 4; ( •��as%d.•• fi° p2131355 �No sutiv�'i°� 1ns C.,RT.CT o• 57. " Exhibit "A" WFMA Area ji"11 P E LOTO N Situated in the Benj r irract Number 1497, LAND SOLUTIONS Tarrant County, Texas. sawn Hiuv:aaB PARKWAY,suirE zsa JOB#LHL18001 DRAWN BY: DLF CHECKED BY: TAB f]ATE:OS-25-21 PAGE#1 of 1 FORTWORTH.TEXAS 76M PHN617-5b2J35n G:\SOB\LHLI90D1_Bou1_Cvb\Mosier Bev\_Survey\Easements\LHL IBM I—EA53.dgn SAICOEUMMES 8/30/2021 30450 PAS Exhibit A Page 3 of 3 <* 1 $ Parcel Closure Report: EA53_MP_CHK <* 2 $ - - - - - - - - - - - - - - - - - - - - - - - - - - - - <* 3 $ Start Coordinates, North: 6851544.465 East: 2293907.393 Name: 100 <* 4 $ Line: N 74A 32' 20.00" W Dist. : 94.160 <* 5 $ Line: N 15A 36' 53.00" E Dist. : 30.000 <* 6 $ Line: S 74A 32' 20.00" E Dist. : 85.920 <* 7 $ Line: S 0^ 14' 37.00" W Dist. : 31.090 <* 8 $ End Coordinates, North: 6851544.465 East: 2293907.394 <* 9 $ Error North: -0.000 Error East: 0.001 <* 10 $ Error Direction: N 75^ 39' 4.21" W Total Distance Error: 0.001 <* 11 $ Error of Closure: 1/228472.401 <* 12 $ Perimeter: 241.170 <* 13 $ Area: sq. Feet: 2701.206 Acres: 0.062 �vulinansaad z—Hd'iNIOd—Old pcpa Fgw _Z eaa _ _ W Q ti M O (n W O 2 u. W z Z O O w a a W z J 1 1 W Elf o 1 1 ❑ ®® 4� 3 O Q —` = c a d - U _ Q O Z 4 W . °� ,� 1 ( '�f 4� II I o�w$wwomwwmww$.wmw$w�wmmwm wm wwmwwwwm \ r,r•r• y r•r• i� I ■gym ����m mom m���m ~H X fl — ----- 77 z ® 0 I N Lu -A r ao I — _ a o�NeR2mAam;,-- - I —�-yip ��■ `o ��; o. E on40 p \ \\ aaa xE \ — �V111W8f15-3 Jd ZESVHd'1NIOd EENOld J _p ren m5 W cl w awa V/ Y as az LU cl Lu w z a -- w w m o b ffi _ T 3 -- z e�o — ^8o k \^ Wt - G eW _ _it- —iE vt a Sao _ LU _ s __ \ w =� Mai. 0 55 Cbio ,V111W8f15-3 Jd Z3SVHd'1NIOd Jd3NOld �45m N O Q F w Z O 6Az In ~ O F $S a = U Q z O a 2 p s - rn iz O s Q F Z z a o 0 3 I 4] N OS. — U 9 os o 13 N Il 3 D U O \ — d it 6L NI 3 _— U lO Bf 0 1'0 N 113 mnu�u W 0'81(N).NL 61�3 O 9 i.X lj 7T C IN 2 tIT . 9 b.x,S NI 3 Xbn l 8 n ff6 C(Ni.8 i.X,�3 O \ u w v 3 \ tr�IS 1 S.X.10 X l V SN O rvO1ID351M — -nouvna,-e rvouoas l,w =rvouvn3,a-� rvouTslnd 0 eersi=rvouvn3,a-a -is-,�rvouo3s l,�e - — -- J Q W Lw I I I I p O Xw 070_ V I I I I I I I LU Q De M N a bh lVillNUAS G llHl E]SVH.1NIOJ P]]NOIJ CL a O - © w_waa��aoazaa _ ss e y� O Oo - O w z Q uj z o to-ml Z w m - i _ — — _ SF I pll F - W I is // ]s - _ /I oml j 41 —L) — ��o E HI PHI IT 7t bA z.otpjo�o�,mw August 17, 2021 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 10 Rev.11/17/2016 August 17, 2021 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Remove Trash and debris Remove grass clippings Violations Noted MINOR INSPECTION Amount of silt in flume Amount of ponded water Location of Erosion Location of Erosion MAJOR INSPECTIONS Condition of Flume Condition of Rip- Rap Location of erosion STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11/17/2016