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HomeMy WebLinkAboutContract 57304 Date Received: 03/29/2022 Permit No.: SWFMA-22-0007 Time Received: 9:50 am City Secretary No.: 57304 DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 25th day of March 2022, by and between The M.T. Cole Family Partnership No. 2, LP, a Texas limited partnership acting by and through Jennifer Alexander, its duly authorized 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 a certain tract of land located in the A. King Survey, Abstract No. 710 and the C. Perry Survey, Abstract No. 1031, City of Fort Worth, Denton County, Texas, being a portion of that tract of land as described in deed to The M.T. Cole Family Partnership No. 2, LP, recorded in 2009-102749, Official Records, Denton County, Texas (ORDCT), 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 NorthPoint Alliance Industrial Park 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev.11/19/2020 JLE FT. WORTH, TX 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL, AND (3) AND FAILURE OF THE CHANNEL AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS 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. Executed this 25th day of March 2022. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE CITY: LANDOWNER: DJ DJ Ha�r 25,202209:23 CDT) The M.T. Cole Family Partnership No. 2, LP, DJ Harrell, a Texas limited partnership Development Services Director City of Fort Worth by: The M.T. Cole Family Company No. 2, LLC a Texas limited liability company. Date: Mar 25,2022 its general partner By: �J- Mi Jennl ervklex der, Manager Approved as to Form and Legality: 3 -0-N as ` Date: Thomas Royce Hansen, Assistant City Attorney Il City Attorney's Office Date: Mar 23,2022 as FoRr as O00° °o�, d ATTEST: FYI. �� Contract Compliance Manager: j:j.7G1`I`IG��G c1 GDOG�GZGG Pvo o=d BY signing I acknowledge tlaat I am the ° d person responsible Jannette S.Goodall(Mar 28,202207:30 CDT) p °* ]anisette Goodall, �a�a°r°°°°°S°pa for the monitoring and administration of �EXAoo this contract, including City Sec;etvy ensuring all performance and reporting City of Fort Worth requirements. Date: M a r 28,2022 Janie S. Morales, Planning Manager Development Services Date: Mar 23,2022 DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev.1111912020 JLE OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on March 25, 2022 by DJ Harrell, Director of Development Services of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Biehson Bichson Nguyen Nguyen Date:2022.03.25 14F� BICH SON THI NGUYEN 10:27:05-05'00' Notary Public 224 STATE OF TEXAS Notary Public, State of Tc\w My Comm.Ery Dp,Oct.913,2025 STATE OF 7e�cQ5 § COUNTY OF Lon BEFORE- ME, the undersigmed authority, a Notary Public in and for the State of -7'iY 45 , on this day personal]% appeared .Tln� {per- d,GX 4nl e-0 (name), m G►' (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 n-T e4- VAALI PpAwasulf �A�_ a. L9 (entity), a Llha# W,N[RSIA10 (entity type) and in the capacity therein stated. I GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14-'�- day of , 20_2 2 . N ary brie, State f **r•a, STACEE MCCLAIN Notary ID#4099683 My Commission Expires January 30, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DRAINAGE CHANNEL MAINTENANCE AGREEMENT 6 Rev 1111912020 JLE EXHIBIT"A'' PRIVATE DRAINAGE EASEMENT STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the A. King Survey, Abstract No. 710 and the C. Perry Survey, Abstract No. 1031, City of Fort Worth, Denton County,Texas, being a portion of that tract of land as described in deed to The M.T. Cole Family Partnership No. 2, LP, recorded in 2009-102749, Official Records, Denton County,Texas (ORDCT), and being more particularly described as follows: COMMENCING at a 1/2" rebar capped Goodwin &Marshall set at the most southerly corner of Lot 6, Block 1, Northpoint Alliance Industrial Park,an addition to the City of Fort Worth, Denton County,Texas as recorded in 2021-475, ORDCT, being a point in the northeasterly line of a tract of land as described in deed to NP-OV Fort Worth Logistics Park, LLC, recorded in 2020-70676, ORDCT,said point lying in the northwesterly line of Lot 3, Block 1 of the final plat of Lots 2&3, Block 1, Northpoint Alliance Industrial Park,an addition to the City of Fort Worth, Denton County,Texas as recorded in 2021-249, ORDCT, from which a 5/8" rebar capped Dunaway found at the most westerly corner of said Lot 3, Block 1 bears South 41 degrees 23 minutes 43 seconds West, 7.87 feet; THENCE North 16 degrees 30 minutes 24 seconds West, across said Lot 6, Block 1, a distance of 2106.63 feet to a point in the west line of said Lot 6, Block 1 and an east line of a remainder portion of said The M.T. Cole Family Partnership No. 2 tract, being the POINT OF BEGINNING of the herein described tract of land; THENCE departing the west line of said Lot 6, Block 1, across said The M.T. Cole Family Partnership No. 2 remainder tract, as follows: South 61 degrees 55 minutes 51 seconds West, a distance of 12.06 feet; South 00 degrees 31 minutes 37 seconds East, a distance of 53.91 feet; South 89 degrees 28 minutes 54 seconds West, a distance of 239.71 feet; North 00 degrees 31 minutes 06 seconds West, a distance of 218.55 feet; North 63 degrees 44 minutes 41 seconds East, a distance of 95.46 feet; South 42 degrees 15 minutes 24 seconds East, a distance of 105.09 feet; North 89 degrees 28 minutes 54 seconds East, a distance of 83.73 feet; South 00 degrees 31 minutes 38 seconds East, a distance of 74.30 feet; North 61 degrees 55 minutes 51 seconds East, a distance of 12.62 feet to a point in the said east line of said The M.T. Cole Family Partnership No. 2 remainder tract and the west line of said Lot 6, Block 1, from which a 1/2" LL rebar capped Goodwin & Marshall set at a point of curve in the west line of said Lot 6, Block 1 bears NORTH, 97.70 feet; w 0 THENCE SOUTH, along said east line of said The M.T. Cole Family Partnership No. 2 remainder tract and the west line of said Lot 6, Block 1, a distance of 53.64 feet to the POINT OF BEGINNING and containing 51,813 square feet or 1.189 acres of land. 3 NOTE: / Bearings are referenced to Texas State Plane Coordinate System, North Central Zone -6 c� (4202), North American Datum of 1983 as derived from GPS observation. w �EOFrFx o \STE ' y c� �� � � o Job No.: 10900 Scale: NONE Sheet `'.�G RFa s WY 1y a MARSH ALL ° NOEL Drafted: T.J.M. Checked: J.S.B. 1 S.BARTON 0 0 4914 6 CIVIL ENGINEERS-PLANNERS-SURVEYORS of <q�FESS\a? -Z CD 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1/27/2022 Np SURV a (817)329-4373 TxEng Firm#F-zsaa-Txsury Firm#10021700 1/27/2022 LLi SEE SPEET 3 EXHIBIT"A'' LOT 6, BLOCK 1 I NORTHPOINT ALLIANCE INDUSTRIAL PARK 2027-475 �0 O.R.D.C.T TRACT 1 CITY OF FORT WORTH / I 40'PERMANENT SANITARY G-0 NP-OV FORT WORTH SEWER FACILITY EASEMENT o O PROJECT 3, LLC 2021-215671,O.R.D.C.T. ��rti n 0 2021-171349 U C O.R.D.C.T. rn 0 100 SCALE IN FEET 9- FLOODPLAIN AND W DRAINAGE EASEMENT- (PER PLAT �y PERMANENT WATER 40'PERMANENT SANITARY FACILITY EASEMENT SEWER FACILITY EASEMENT (PER PLAT) A (PER PLAT) ; PUBLIC ACCESS EASEMENT \ _ (PER PLAT) 7— LOT 3, BLOCK 1 OF�OTS 2& 3, BLOCK 1 eO _ NO THPOINT ALL/ANCE �O �� I I INDUSTRIAL PARK 2021-249, O.R.D.C.T FLOODPLAI EASEM&IT I NP_0V FORT WORTH \ 2020-401,D.R.D.C.T. \102, ECT2, LLC -70678 PUBLI�ACCESS EASEMENT 20 0-401,O.R.D.C.T. R.D.C.T. CITY OF FORT WORTH 5/8"R.C.F. 1/2" C S l / 1/12021-215733, BLIC ACCESS EASEMENT O.R.D.C.T. \ l CITY OF FORT WORTH A PERMANENT WATER 5/8'R F \ v FACILITY EASEMENT \ 2021-215775,O.R.D.C.T. �O \ 7q NP-OV FORT WORTH I \ \ �O / \ � LOGISTICS PARK, LLC 2020-70676 \ o O.R.D.C.T. l U -6 m w �EOFrFx o Cp•' \STE '•9 0 o GOODWINJob No.: )090o Scale: 1"=100' Sheet `'.�G RFa s MARSH ALL ° Drafted: T.J.M. Checked: J.S.B. 2 NOEL S.BARTON 0 4914 a CIVIL ENGINEERS-PLANNERS-SURVEYORS of <q 0FESS\O? -Z 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1/27/2022 Np SURVV o (817)329-4373 j TxErg Firm#F-2944—TxSury Firm#10021700 11271202.2 Lei EXHIBIT"A" ti (REMAINDER) THE M.T. COLE FAMIL Y PARTNERSHIP No. 2, LP 2009-102749 1/2"R.C.S. 0.R.D.C.T. L5 o TRACT 2 �O CITY OF FORT WORTH J D, rn � PERMANENT WATER C FACILITY EASEMENT Ln 2021-219339,O.R.D.C.T. i i M i FLOODPLAIN AND N L1 L7 n- -D- / DRAINAGE EASEMENT Z A_ 10 P. D / — —(PER PLAT) — — — A-1031 LOT 6, BLOCK 1 J NORTHPOINT ALLIANCE $ 89°28'54" W PUBLIC ACCESS INDUSTRIAL PARK EASEMENT 2021-475 239.71' I (PER PLAT) 0.R.D.C.T. PRIVATE DRAINAGE N 18.6'PERMANENT WATER PROJECT 3� TH EASEMENT C 51,813 SQ. FT. FACILITY EASEMENT 2027-777349 � 1.189 AC. (REMAINDER) 1 (PER PLAT) 0.R.D.C.T. THE M.T. COLE FAMIL Y O� PARTNERSHIP No. 2, LP 2009-102749 O.R.D.C.1 ti CITY OF FORT WORTH PUBLIC ACCESS EASEMENT b ^� 2021-215726,O.R.D.C.T. I� Z w II I I 0 100 SCALE IN FEET12 j li c� � � m SEE SHEET 4 FOR LINE DATA SEE ONFE7 2 w � OF rFx o �P ' \STE ' y 0 � � � o Job No.: 1090o Scale: 1"=100' Sheet .�G RFa s MARSH ,ALL ° Drafted: T.J.M. Checked: J.S.B. 3 JOEL S.BARTON 0 0 4914 a CIVIL ENGINEERS-PLANNERS-SURVEYORS of <q�FESS\O? zo 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1/27/2022 Np SURV o (817)329-4373 j TxErg Firm#F-2944—TxSury Firm#10021700 4 112712022 LLi EXHIBIT"A" LINE TABLE LINE # BEARING DISTANCE L1 S61'55'51"W 12.06' L2 S00031'37''E 53.91' L3 N63'44'41"E 95.46' L4 S42015'24''E 105.09, L5 N89'28'54"E 83.73' L6 S00'31'38''E 74.30' L7 N61°55'51"E 12.62' L8 SOUTH 53.64' 3 a 3 w O U Q c� C� v �• r m w �EOFrFx o CP•' NSTE '•9 0 �'� � W Y�l y Job No.: 10900 Scale: NONE Sheet .�G RFa s WY 1y a MARSH ALL ° Drafted: T.J.M. Checked: J.S.B. 4 NOEL S.BARTON 0 0 4914 a CIVIL ENGINEERS-PLANNERS-SURVEYORS of <q()FESS\O? -Z 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1/27/2022 Np SURVV a (617)329-4373 � TxErg Firm#F-2944-TxSury Firm#10021700 112712022 LLi NP-O V FOC O RTH LL PROJECT `9S � TO.R.D . . 7OO 93.49 93.34 _ 705' -, 93.49 I I PRIVATE 701_702- - — I DRAINAGE -703-704= - O6 _ BOLD RULER EASEMENT — 705 r ROAD PERMANENT WATER o 705 PRC=705.52 I FACILITY EASEMENT �o T/C=705.38 2021-475, O.R.D.C.T. \ 8+ O \ T/COS 05.38 27+00 -'06 26+00 —PRC=705.52 r 705 705 N 93 90 �� 93.90 ) CD N 700 I 93.75 �J i CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT o 2021-219339, O.R.D.C.T. CITY OF FORT WORTH >o / PUBLIC ACCESS EASEMENT o 2021-475, O.R.D.C.T. N o � PUBLIC ACCESS EASEMENT �2021-475, O.R.D.C.T. 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COLE FAMILY PARTNERSHIP No.2, LP ° 2009-102749 a O.R.D.C.T. m c c SWFMA ° c EX141BIT 11 B 11 W WAVING PLAN z co z NORTHPOTNT -B UT><,DTNcG 6 3 ARST-1ALL 2 CIVIL ENGINEERS-PLANNERS-SURVEYORS oGRAPHIC SCALE V=60' „�M.. ,D,,ve,�,,,e�e, e�s,sa=, � 3,s <3,3 0 w 0 60 120 180 SHEET 5 OF 6 O C[ W K ul 8 O '�NI-12 16 - 3N g - oE3z E=�Ev o° CoFF���- z c� O — ! ll1 J C g r5n E Z' W ' _ naa ins eE U = W a'a Q m W LLJ __ -easy=uE n33c- 3 ` 2,"n _ Oo _ k F� W n v ' c _ � 3�n m"n�marrz°o3tu, ••— °' ', g'�o 3o�0 ° s.c Qn`ii°"'n_'' Wo n33ww - > OaO°O�o OO s SISS h� a 1 Yn a (]Sd]J045)Z VI Oca Q.; C; Kc b V1 3 0�� In a 'mrvZ,pr wl 3 m ° m IL C F - en ylfival cQ No _ U � _ Q V _ CL - � _ °�IIIIIII n o• Z J � z W II Oi- Q 2Uc i t l t t o o t m m i I-W" z° 30� W1-ti ti Z p2`' J J Q S O W m £a Q U Q i 3 L Lu UU / 2 E c"'cN m� O Oil wwo=�3 _ o a6b6666ab6e e]°e sW v`a Lu Lu Is s a 4 s!a: a iaaa.'aa �iarzaa o m - Wa fz IN to IN N M M ok o 0 0 o e]° -° co o An]n m m o�° ... O in h h h ry ry ry ry _� a ' 3 W ul xeW dAl k3a= `44`44 `4o N Naa66- 6 --a ae 0 �,6�v ti �roa a3= wgiS but]!nsaR sabewep iq.s]Insar]aaiigau!yaS io slewiq'Raylo qI piepuels shy].So311.f a ay]Sod Rj!]tgtsuodsa�ou sawnsse tOOxt s]e4m asotlind Au qS 100x1 Rq apew st pylry �31tl0 r uo!AuenSo Rlue:Fern oN ',lstl lxd bu!Raau!6u3 sexay.ay]Aq pauRanpb st piepuels s!4]lu asn ay15!0 1� l-V:-Vl ZZOZ L!2� uop uow f)mp•alo0 1W—vv4jms-00601\S4u9ua99a6y\9 6uipling\Suold\}u1odg4JON — 00601\:3 Exhibit "C" CITY OF FORT WORTH DRAINAGE CUVLERT 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 culvert 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 culvert's capacity is reduced by more than 10%. Silt shall be removed and the culvert flowlines returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a culvert does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in the culvert or directly upstream/downstream of the culvert. Within the maintained area, visual inspections of the culvert(s) and trash and debris removal shall occur at least monthly or within 24 hours of the end of a storm event of 0.5 inches or greater. Accumulated litter, sediment, and debris shall be removed and disposed of in accordance with federal, state and local regulations. Minor inspections shall occur at least monthly and major and inspections shall occur at least yearly. Inspections may occur more frequently to maintain proper operation of the culvert. Reporting and Record Retention • A written log shall be kept of maintenance actions and inspections. The log should document the condition of the culvert's components, silt, litter and debris removal dates. • 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. CULVERT MAINTENANCE AGREEMENT Rev.2/4/2022 EKS o � W � " Ei w � A � a � � A A w x � o CA o CA C�j CJ �. C�j o �. Cj H y v 4 O cd N c} O U Oun Cj O �L y. 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