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HomeMy WebLinkAboutContract 57144 Date Received: 02/18/2022 Permit No.: SWFMA-21-0040 Time Received: 4:14 pm City Secretary No.: 57144 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 8 day of F2 b f^U a f^y 2022, by and between MOONWALK REAL ESTATE HOLDINGS, LLC, a Texas limited liability company, acting by and through Aaron L. Hultgren, its sole duly-authorized and validly-serving Manager, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as a 3.48-acre tract located in Fort Worth, Tarrant County, Texas according to the special warranty deed with vendor's lien recorded in Document Number D221335440, Official 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 Trail Lakes Multifamily/Southwest Christian Church Addition, 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 Drainage 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 Drainage 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 Drainage 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 Drainage Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Drainage Channel 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 acceptable to the City, 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 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 channel outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage channel, 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, and 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 Executed this 18th day of February 2022 W CITY: LANDOWNER: Moonwalk Real Estate Holdings, LLC DJ Harrel[(�2022 13:51 CST) DJ Harrell, Aaron Hultgren, Manager Development Services Director City of Fort Worth Date: Feb 18,2022 Date: Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney City Attorney's Office Date: Feb 18,2022 OR I. 6ioc)000. aa� 00 d ATTEST: o ��drJJ 0 0 yannette s. Goode// ��'� 0 Contract Compliance Manager: Jannette S.Goodall(Feb 18,202215:5177T) 0000000� b p g Jannette Goodall, �EXP"- ICY By signing I acknowledge that I am the City Secretary person responsible City of Fort Worth for the monitoring and administration of this contract, including Date: Feb 18,2022 ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: Feb 18,2022 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/17/2016 FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Feb. 18, 2022 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed by Bichson Nguyen BICH SON THI NGUYEN Nguyen Date:2022.02.18 14:09:53-06'00' o�PRY PUe/ _ n Notary Public * + STATE OF TEXAS NotaryPublic, State of Texas N GG�VV Q Notary I.D. 133389224 9TFDF�f My Comm.Exp.Oct. 13,2025 STATE OF TQ a_S § COUNTY OF C, L I i ir> § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared 6 ro.y /-f (name), D l�J p1 r�o�,r, r- (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of o�h,,,�.//C Eeal ES-fa,+-e- "-,�'�< &(.(entity), a C %�+� t � C����,'1,�,� C��,•-t��„ v (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of bf'u0rq , 20� . cL— KEREN CLINE Not ry Public State of Notary Public, State of Texas Q- Comm.Expires 09-09-2023 ii�lF�F SF,` ,,,,��� Notary ID 13216415-6 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX Rev.11/17/2016 DRAINAGE EASEMENT EXHIBIT A W.W. Wheat Survey, Abstract Number 1646, Page 1 of 2 City of Fort Worth, Tarrant County, Texas LEGAL DESCRIPTION BEING a 0.68 acre tract of land situated in the W.W.Wheat Survey, Abstract Number 1646, City of Fort Worth, Tarrant County,Texas and being a portion of Lot 2, Block 1 of Southwest Christian Church Addition, recorded in D219157725 of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with cap stamped"BRITTAIN &CRAWFORD"found at the Northeast corner of said Lot 2 and at the common Southeast corner of Lot 1 R, Block 1 of said Southwest Christian Church Addition and being in the West line of Lot 2-R-4, Block 73 of Candleridge, Phase VIII, recorded in Cabinet A, Slide 7414 of the Plat Records of Tarrant County,Texas; THENCE S 02°13'54" E with the East line of said Lot 2, Block 1 and the common West line of said Candleridge, Phase VIII, a distance of 254.97 feet from which a 1/2" iron rod found at the Southeast corner of said Lot 2, Block 1 bears S 02°13'54" E, a distance of 31.51 feet; THENCE over and across said Lot 2, Block 1 the following Courses and distances; S 89°03'37"W, a distance of 63.38 feet; N 00°56'24"W, a distance of 151.42 feet; With a curve to the left having a radius of 52.50 feet, having a delta angle of 71°33'54", a chord bearing of N 36°43'21"W, a chord length of 61.39 feet, and an arc length of 65.57 feet; N 00°56'24"W, a distance of 7.61 feet; With a curve to the left having a radius of 79.00 feet, having a delta angle of 17°03'14", a chord bearing of N 69'01'37"W, a chord length of 23.43 feet, and an arc length of 23.51 feet; N 00'52'05"W, a distance of 5.34 feet; S 88°53'20"W a distance of 334.19 feet; N 00°59'14"W a distance of 32.61 feet to the North line of said Lot 2, Block 1 and the common South line of said Lot 1 R, Block 1 from which a 1/2" iron rod found at the Northwest corner of said Lot 2, Block 1 bears S 89°00'46"W, a distance of 66.69 feet; THENCE N 89°00'46" E with said common line, a distance of 449.47 feet to the POINT OF BEGINNING and containing 0.68 acres of land more or less. I hereby certify that this survey, plan or report was prepared by me or under my direct PAGE 1 OF 2 supervision and that I am a Registered Professional Land Surveyor under the laws of EAGLE SURVEYING, LLC the State of Texas 210 S. ELM STREET OF TF SUITE: 104 � _I � �P��G�STER N EAGLE D (940) 2NTON, 2- 76201 RO • GO •• (940) 222-3009 Ted A. Gossett ••TEDA.•GOSSETT�• SURVEYING R.P.L.S.#5991 °°°° <`•A 5991 •� TX FIRM # 10194177 -7%T01 �;• p ES S�� JOB NUMBER DRAWN BY DATE 05/05/2021 O`SUR� 2007.003-03 CF 5/5/2021 Date DRAINAGE EASEMENT EXHIBIT A W.W. Wheat Survey, Abstract Number 1646, Page 2 of 2 City of Fort Worth, Tarrant County, Texas LOT 1R, BLOCK 1 SOUTHWEST CHRISTIAN CHURCH ADDITION DOC. NO. D219157725 POB P.R.T.C.T. S 89°00'46"W 1/2"CIRF 66.69' "BRITTAIN& N 89�00'46" E 449.47' CRAWFORD" 1/2"IRF J LOT 2-R-4, BLOCK 73 CANDLERIDGE, S 88053'20" W 334.19' L3 C2 PHASE VIII L2 CAB.A,SLIDE 7414 DRAINAGE EASEMENT �j P.R.T.C.T. W b 0.68 ACRES cV LO CV �> LIJ LL 0� J Q 5� 16�6 LOT 2 �* BLOCK 1 cV Q m co Vv�P`G SOUTHWEST CHRISTIAN CHURCH ~ ADDITIO CD O vV P�� DOC. NO. D2 9N57725 P.R.T.C.T. z L1 S 02'13'54"E 31.51' BLOCK 1 1/2"IRF LOT LOT LOT LO LOT LOT LOTILOTILOTILOT LOT LOT LOT LOT LOT 21 22 23 24 25 26 27 28 29 30 31 32 33 34 LOT LOT 20 KINGS TRAIL 35 19 ADDITION LOT CAB.A,SLIDE 6641 LOT 18 P.R.T.C.T. 36 KINGS TRAIL LOT LOT 50'RIGHT-OF-WAY 37 17 CAB.A,SLIDE 6641 -P.R.T.C.T. LINE TABLE LINE BEARING I DISTANCE L1 S 89°03'37"W 63.38' L2 N 00°56'24"W 7.61' L3 N 00°52'05"W 5.34' L4 N 00'59'14"W 32.61' CURVE TABLE CURVE I ARC LENGTH I RADIUSI DELTA ANGLE I HORD BEARING CHORD LENGTH C1 1 65.57' 52.50' 71°33'54" 1 N 36°43'21"W 61.39' C2 1 23.51' 79.00' 17'03'14" 1 N 69°01'37"W 23.43' PAGE 2OF2 N EAGLE SURVEYING, LLC 210 S. ELM STREET SUITE: 104 DENTON, TX 76201 LEGEND FAG L E (940) 222-3009 CAB CABINET IRF IRON ROD FOUND SURVEYING POB CAPPED IRON ROD FOUND TX FIRM# 10194177 POB POINT OF BEGINNING .111 __ 4001 P.R.T.C.T. PLAT RECORDS, JOB NUMBER DRAWN BY DATE TARRANT COUNTY,TEXAS DOC 2007.003-03 CF 5/5/2021 0 50 100 . No. DOCUMENT NUMBER Xtl!L9fi 6.9pfi LLfi 1 3NpH 5966-9p6-2L8 S V X31•,UNnoo 1Mdtl4 vi n g O BCOSL.SV%31•3l11g91m31•LLSVfiL XpB'p'd H1aOM INOA d0 kL10 NVId Z Obb6-d'ON NpIlVTJ1519311 WLllj 3dBl NOI HOb 3MHin ONOd NOI1N3130 '3 N I �J N 12�3 3 N IE N 3 NVIlSIaH01S3MH1nOS 3 w W H 3 A 3 w OH NOOlB'Z 4O 8 1181HX3 0 = N .IlIWV811lnW S3�Vl 11tf211 _ I e Yui_^ pE fa FwAO1F'. 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H1bOM 12iO3�O A110 szabbe-�XO N•NOLL 3i9�zsroel�X3de1 e NVId`JNI1NVId ' 3 N 1 'J N I2 3 3 N 1�J N 3 NOI1104V H IMHH0 3dvosaNvl n LL w NVI1512iHo 1S3MHlllOS Aals3aoJ Nvaan 1/ry J 6 llOol9'Z lob 3SVHd 3 A 3 W D H c; J A�IWV3111l1W S3�iVl�IV2i1 9 11e1Hx3 m go 0 Li C7 m m � 0 U , ti....J o -- tee — — S-- -- H. p58 £58 • F •ah 4 ,` B ,1, i � € � 1.E 2 � C R 'C I� I - _fff � �I •I ��i I � � � � 'kmm- ��.�. �_m .�_ _.LLg�i �� mSuz �� � I14a IFS NI m l -1I a o s 4 I I I 3 1 I I � N I I r is I I o I ox� 4k I 1 9- Z lam I I - - I I I•'� 44 F�' � .se •1 I -- ___ U I 9D MH .`LL l ll J p M =3sa L 1� mJ l I, i J Z EVS- ID ¢ T z t -T 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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