HomeMy WebLinkAboutContract 57334 Date Received: 04/04/2022 Permit No.: SWFMA-22-0005
Time Received: 3:24 pm City Secretary No.: 57334
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of March
2022, by and between NP-OV Fort Worth Logistics Park, LLC, acting by and through
Nathaniel Hagedorn, its duly authorized manager 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 of a certain tract
of land located in the C. Perry Survey, Abstract No. 1031, City of Fort Worth, Denton
County, Texas according to the special warranty deed recorded as instrument number
2020-70676, Deeds Records, Denton 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 NorthPoint Alliance Industrial Park
Building 6 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
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev 11/17/2016
FT. WORTH, TX
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:
I. 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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev 11/17/2016
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
oblj_�i,,ation 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 COVENANTS AND AGREES
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev 11/17/2016
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 owner's association.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev 11/17/2016
Executed this 30th day of March 2022
CITY: LANDOWNER:
DJ Ha�r30,2 22211.54 CDT)
DJ Harrell, NP-OV FORT WORTH ORTH LOGISTICS PARK, LLC
Development Services Director By: NPD Management,LLC, its
City of Fort Worth manager
By: Nathaniel Hagedorn, Manager
Date: Mar 30,2022 Date:
I
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney
City Attorney's Office
Date: Mar23,2022 p�F°FORp��a
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Contract Compliance Manager:
J ette S.Goodall(Mar 31,2022 16; CDT)
By signing I acknowledge that I am the
Jannette Goodall,
City Secretary person responsible
City of Fort Worth for the monitoring and administration of
this contract, including
Date: Mar31,2022 ensuring all performance and reporting
requirements.
Janie S. Morales,Planning Manager
Development Services
Date: Mar 23,2022
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev 11/17/2016 FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on _March 30, 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
,�pRY!(ie BICH SON THI NGUYEN Nguyen Date:2022.03.31
_ n Notary Public 14:44:18-05'00'
+ • STATE OF TEXAS
Notary I.D. 133389224 Notary Public, State of Texas
�rFOF My Comm. Exp.Oct. 13,2025
STATE OF MISSOURI §
COUNTY OF PLATTE §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Missouri_, on this day personally appeared Nathaniel I-tagedorn, Manager of NPD
Management, LLC, Manager of NP-OV FORT WORTH LOGISTICS PARK. LLC,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, as the act and deed of NP-OV FORT WORTH LOGISTICS PARK, LLC, a
limited liability company and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I "J day
4011
of a�� , 20 .
SARAH ELIMETH CANEDY
Notary Public-Notary Seal Clay County-State of MissouriNotary Public State of Missouri
Commission Number 21539433
My Commission Expires Jan 20, 2025
OFFICIAL RECORD
STORMWATERFACILffY MAINTENANCE AGREEMENT CITY SECRETARY
Rev 11/17/2016
FT. WORTH, TX
EXHIBIT"A"
PRIVATE DRAINAGE EASEMENT
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated in 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 NP-OV Fort Worth Logistics Park, LLC, recorded in 2020-70676, 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 said NP-OV Fort Worth Logistics Park tract,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 Northwesterly,departing the northwesterly line of said Lot 3, Block 1, along the southwesterly line of said Lot 6,
Block 1,the northeasterly line of said NP-OV Fort Worth Logistics Park tract, and a curve to the left,having a radius of
470.00 feet,a central angle of 09 degrees 17 minutes 50 seconds,an arc distance of 76.27 feet,and a chord that bears
North 68 degrees 21 minutes 06 seconds West, 76.18 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE departing the southwesterly line of said Lot 6, Block 1, across said NP-OV Fort Worth Logistics Park tract, as follows:
South 45 degrees 54 minutes 18 seconds West,a distance of 18.01 feet;
South 74 degrees 23 minutes 13 seconds East,a distance of 78.62 feet;
South 12 degrees 13 minutes 56 seconds West,a distance of 103.73 feet;
North 77 degrees 46 minutes 04 seconds West, a distance of 253.00 feet;
North 12 degrees 13 minutes 56 seconds East, a distance of 69.87 feet;
North 38 degrees 00 minutes 01 second East, a distance of 47.65 feet;
South 77 degrees 46 minutes 04 seconds East,a distance of 74.63 feet;
North 45 degrees 54 minutes 18 seconds East, a distance of 12.63 feet to the northeasterly line of said NP-OV Fort
Worth Logistics Park tract and the southwesterly line of said Lot 6, Block 1;
THENCE along the northeasterly line of said NP-OV Fort Worth Logistics Park tract and the southwesterly line of said Lot 6,
Block 1,as follows:
Southeasterly,along a non-tangent curve to the left, having a radius of 530.00 feet, a central angle of 01 degree 17
minutes 30 seconds,an arc distance of 11.95 feet,and a chord that bears South 80 degrees 55 minutes 25 seconds
East, 11.95 feet to a 5/8'' rebar capped Sitepoint found at the beginning of a reverse curve to the right, having a Q
radius of 470.00 feet;
Southeasterly,along said curve,having a central angle of 08 degrees 34 minutes 09 seconds, and arc distance of >
0
70.29 feet, and a chord that bears South 77 degrees 17 minutes 05 seconds East, 70.23 feet to the POINT OF CL
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BEGINNING and containing 28,520 square feet or 0.655 acre of land. Q
2
NOTE: 3:
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of
1983 as derived from GPS observation. o6
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EXHIBIT"A" SEE SHEET 3
LOT 6, BLOCK 1 FOR LINE AND I
NORTHPOINT ALLIANCE CURVE DATA
INDUSTRIAL PARK
2027-475
TRACT 1
CITY OF FORT WORTH
40'PERMANENT SANITARY
NP-OV FORT WORTH SEWER FACILITY EASEMENT
PROJECT3, LLC I 2021-215671,O.R.D.C.T.
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2021-171349
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SEWER FACILITY EASEMENT (PER PLAT) �^ �n /
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EXHIBIT"A"
LINE TABLE
LINE # BEARING DISTANCE
Ll S45054'18"W 18.01'
L2 S74023'1YE 78.62'
L3 S12°13'56"W 103.73'
L4 N12°13'56"E 69.87'
L5 N38°00'01"E 47.65'
L6 S77046'04"E 74.63'
L7 N45054'18"E 12.63'
CURVE TABLE
CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
Cl 470.00' 76.27' 901750" N68021'06"W 76.18'
C2 530.00' 11.95' 101730" S80055'25"E 11.95'
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C3 470.00' 70.29' 8034'09" S77017'05"E 70.23' Q
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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
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