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HomeMy WebLinkAboutContract 56968 Date Received: 01/13/2022 Permit No.: SWFMA-21-0079 Time Received: 11:12 am City Secretary No.: 56968 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day 11 of Jan. 2022 , by and between D.R. Horton — TX, Ltd., acting by and through Benjamin M. Clark, its duly authorized Assistant Vice President hereinafter referred to as "Landowner", the Rosewood at Beltmill Residential Community, Inc., hereinafter referred to as "Association" and the City of Fort Worth,hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property of certain tract located in the B. Thomas Survey, Abstract 1497, Tarrant County, Texas according to the deed recorded in Instrument Number D220334094, County 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 Beltmill Phase 1 hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner and Association, 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 FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/19/2020 JLE 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, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. 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 and Association, 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 and 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 Facilities, berms, outlet structure, pond areas, STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE 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. The Landowner and Association, 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 and 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 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 and 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 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 or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and 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 within the drainage easement, which do not impede drainage. Landowner and Association 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of D.R. Horton — TX, Ltd. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by D.R. Horton— TX, Ltd. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of D.R. Horton—TX, Ltd. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. [REMAINDER OF THIS PAGE TO REMAIN BLANK] STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/19/2020 JLE Executed this 11th day of January 2022 CITY: LANDOWNER: DJ Harrell 11,2022 18:43 CST) DJ Harrell, Development Services Directo Benjamin M. Clark, Assistant Vice President City of Fort Worth D.R. Horton—Texas LTD. Date: Jan 11,2022 Date: Approved as to Form and Legality: ASSOCIATION: 0�_ on behalf of Christa Reynolds, Sr. Asst. City Attorney en�arn L n /L City Attorney's Office Date: Jan 11,2022 Date: 10/22/21 ------------ ATTEST: ,757 JetteS.Goodall(Jan13,202206• CST��" Contract Compliance Manager:: Janette Goodall, By signing I acknowledge that I am the person responsible City Secretary ��F�RT��aa for the monitoring and administration of City of Fort Worth C°°°°o°°°°°�, a this contract, including Date: Jan 13,2022 91.° °o.���d ensuring all performance and reporting 0vo 0 0 requirements. o*00 °°a*�d °O00000°° a f'EXAS.oAp Janie S. Morales, Planning Manager Development Services Date: Jan 11,2022 STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev.11/19/2020 JLE CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Jan 11, 2022 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson Nguyen Nguyen Date:2022.01.12 103621-06'00' 14R BICH SON THI NGUYEN Notary Public, State of Texas Notary Public STATE OF TEXAS Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 STATE OF TEXAS § COUNTY OF TARRANT § �d Before me, the undersigned authority on this 3 day of OYIt,Nyt'✓ 20Z 1, personally appeared t�e.hiAlMih VV1. Cla�lG 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 L4 ticl0 W Vte v , and that he executed the same as its LaKdo AjK w and as the act of such L4 d(FWK v and for the purposes and consideration expressed in the foregoing instrument. n Notary Public, State of Texas PY iP���' RUTH RESENDEZ Notary Public, State of Texas Comm. Expires 11-01-2022 Notary ID 131781375 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/19/2020 JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 0 Ch)X✓ ZZIV70 by, &v6aww W. C I of v`- , authorized representative, acting on behalf of the lklh�it( kidtk4ial C %4o%uvti Homeowners Association. RUTH RESENDEZ :Notary Public, State of Texas Q` Comm. Expires 11-01-2022 Notary ID 131781375 N tary Public, State of Texas OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.11/19/2020 JLE EXHIBIT A Page 1 of 3 Description of a SWFMA Area BEING a tract of land situated in the B. Thomas Survey, Abstract Number 1497, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to D.R. Horton-Texas, LTD., recorded in Instrument Number D220334094, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with plastic cap stamped "Peloton" found at an ell corner in a north line of said D.R. Horton-Texas tract, being the most northerly northeast corner of that remainder tract of land described by deed to Beltmill Saginaw, LLC., recorded in Instrument Number D220330746, said County Records and being in the south line of The Estates at the Ranch, Section One, an addition to Tarrant County, Texas, recorded in Cabinet A, Slide 4406, said County Records; THENCE N 8904742"E, 1127.11 feet, with the north line of said D.R. Horton-Texas tract, from which a PK nail in asphalt found at the northeast corner of said D.R. Horton-Texas tract bears N 89047'42"E, 40.00 feet; THENCE S 00037'28"E, 199.16 feet, departing said north line over and across said D.R. Horton-Texas tract; THENCE S 89022'32"W, 112.50 feet; THENCE S 00037'28"E, 120.00 feet; THENCE S 89022'32"W, 25.00 feet; THENCE N 00037'28"W, 120.00 feet; THENCE S 89022'32"W, 529.04 feet, THENCE S 55°36'51"W, 8.64 feet; THENCE S 15039'06"W, 151.88 feet, to a 5/8 inch iron rod with plastic cap stamped"Peloton" found at an ell corner in a west line of said D.R. Horton-Texas tract, being the most easterly northeast corner of aforementioned Beltmill Saginaw remainder tract; THENCE with said west line and the east line of said remainder the following bearings and distances: N 82038'00"W, 217.91 feet, to a 518 inch iron rod with plastic cap stamped "Peloton" found; N 16010'46"E, 61.60 feet, to a 5/8 inch iron rod with plastic cap stamped"Peloton" found; Peloton Job No.LHL 19001 Tracking No.na FTW September 16,2021 G:UOB\LHL19001_CRANZ\MASTERDEV\_SURVEY\EASEMENTS\LEG.4LS\LHL19001 EA28.DOCX Page 1 of EXHIBIT A Page 2 of 3 N 82046'59"W, 217.44 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; THENCE North, 239.09 feet, with said common line to the Point of Beginning and containing 273,302 square feet or 6.274 acres of land more or less. 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