HomeMy WebLinkAboutContract 57412 Date Received: 04/15/2022 Permit No.: SWFMA-22-0003
Time Received: 12:28 pm City Secretary No.: 57412
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of April
2022, by and between Fort West CC Owner, LP, a Delaware limited partnership, acting by
and through David E Sellers, 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 of certain tract of
land situated in the Jose Maria Basques Survey, Abstract No. 85, City of Fort Worth,
Tarrant County, Texas; said tract being part of Lot 1R1, Block 3, Landmark Quebec
Addition, an addition to the City of Fort Worth according to the deed recorded in
Instrument No. D222060283 Deeds 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 Fort West, 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 14th day of April 2022.
CITY: LANDOWNER*
&=—,A
DJDJ Ha 14,202210:53 CDT)
DJ Harrell, Zyr—: David
t est- Owner, LP
Development Services Director E Sellers
City of Fort Worth
Date: Apr 14,2022 Date: 1J r2�C•
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: Apr11,2022
�
ATTEST: o k- �O
FOR? aa
9ah.r�e�te S �vog=� Contract Compliance Manager:
Jannette S.Goodall(Apr 14,202213:53 CDT) p
Jannette Goodall, �*°°000000000 �� By signing I acknowledge that I am the
City Secretary ��>z nEXASo°p person responsible
City of Fort Worth for the monitoring and administration of
this contract, including
Date: Apr 14,2022 ensuring all performance and reporting
requirements.
,
9�ci2-sc�C�-lt NCr�a�
Janie Scarlett Morales(Apr 11,202210:36 CDT)
Janie S. Morales, Planning Manager
Development Services
Date: Apr 11,2022 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 _April 14, 2022 by DJ
Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of
Fort Worth. BICIISOn Digitally signed by
Bichson Nguyen
o,�pRYPGB/ BICH SON THI NGUYEN Nguyen Date:2022.04.14
2 n Notary Public 11:05:11 -05'00'
+ * STATE OF TEXAS
GGVV P Notary I.D. 133389224 Notar Public, State of Texas
9�OF� My Comm. Exp.Oct. 13,2025 y
STATEOF Ar%ZOr-LO, §
COUNTY OF MaC i cG PO, §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
A r �ZoYW� , on this day personally appeared p aV 16 IE•S
(name), 14 04AOC i Z ed S i q rua to 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 Gor t W Q S t CC OW Y\ef , L p (entity), a
G fY\t i LGk '?0.r`t11 k r (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2—A4" day
of K_1CkrCk1 , 20 22 .
g KELLY GRAY dAK4an��
No"Pubk-SMOfAftm Notary Public, t of(Ar j no,
MARICOPA COUNTY
4` d" CommiseIM A MRS
Dow August 14,2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 11/17/2016
Exhibit A
LEGAL DESCRIPTION Page 1 of 5
STORMWATER FACILITIES MAINTENANCE AGREEMENT
BEING a 16,606 square foot (0.3812 acre) tract of land (TRACT 1) and a 27,662 square foot (0.6350 acre) tract of
land (TRACT 2) situated in the Jose Maria Basques Survey, Abstract No. 85, City of Fort Worth, Tarrant County,
Texas; said tract being part of Lot 1R1, Block 3, Landmark Quebec Addition, an addition to the City of Fort Worth
according to the plat recorded in Instrument No. D216030633 of the Official Public Records, Tarrant County, Texas;
said tract being more particularly described as follows:
TRACT
COMMENCING at a 1/2-inch iron rod with cap stamped "WIER & ASSOC INC" found at the south end of a
right-of-way corner clip at the intersection of the west right-of-way line Northwest Centre Drive (a 80-foot
right-of-way) and the south right-of-way line of Calgary Lane;
THENCE South 9'05'24"West, along the said west line of Northwest Centre Drive, a distance of 126.86 feet
to a 1/2-inch iron rod with cap stamped "WIER & ASSOC INC" found in the said west line of Northwest
Centre Drive;
THENCE North 80°15'09" West, departing the said west line of Northwest Centre Drive, a distance of 15.00
feet to the POINT OF BEGINNING; said point being at the beginning of a curve to the right;
THENCE in a southerly direction, with said non-tangent curve to the right, having a radius of 647.09 feet, a central
angle of 13°40'34", and a chord bearing and distance of South 17'15'03" West, 154.09 feet and an arc distance of
154.46 feet to a point for corner;
THENCE North 64°2700" West, a distance of 41.46 feet to a point for corner;
THENCE North 771724" West, a distance of 6.53 feet to a point for corner;
THENCE North 89°54'20" West, a distance of 22.03 feet to a point for corner;
THENCE North 00°05'05" East, a distance of 189.05 feet to a point for corner;
THENCE South 65'1758" East, a distance of 124.08 feet to a point for corner;
THENCE South 09°05'24" West, a distance of 9.52 feet to the POINT OF BEGINNING and containing 16,606
square feet or 0.3812 acres of land, more or less.
EXHIBIT "A"
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
PART OF LOT 1 R1, BLOCK 3
LANDMARK QUEBEC ADDITION
JOSE MARIA BASQUES SURVEY,
ABSTRACT NO. 85
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimle-y* Horn891t1 , . 76511
Fort Worth,Texas 76102 FIRM#10194040 w .kimley-horn.com
Scale Drawn by I Checked by I Dale I Project No. Sheet No.
N/A CDP MCB 1/13/2022 061298201 1 OFS
BILLINGSLEY,MICHAEL 1/14/2022 9:50 AM K.\FTW SURVEY\068914802-3101 CENTRE DRIVE FORT WORTH\DWG\058914802-3101 CENTRE DRIVE FORT WORTH_SWFMA.DWG
Exhibit A
TRACT 2 Page 2 of 5
COMMENCING at a 1/2-inch iron rod with cap stamped "WIER & ASSOC INC" found at the east end of a
right-of-way corner clip at the intersection of the north right-of-way line Northwest Centre Drive (a 80-foot
right-of-way) and the east right-of-way line of Buda Lane (a 100-foot right-of-way);
THENCE North 86°22'47" West, along the said north line of Northwest Centre Drive, a distance of 202.89
feet to a 1/2-inch iron rod with cap stamped "WIER&ASSOC INC" found;
THENCE North 80°34'35" East, departing the said north line of Northwest Centre Drive, a distance of 218.92
feet to a point in the said north line of Northwest Centre Drive;
THENCE North 11°0013" East, departing the said north line of Northwest Centre Drive, a distance of 15.00
feet to the POINT OF BEGINNING;
THENCE North 00°05'05" East, a distance of 163.74 feet to a point for corner;
THENCE South 79°46'45" East, a distance of 268.60 feet to a point for corner;
THENCE South 25°1145" East, a distance of 27.44 feet to a point for corner;
THENCE in a northerly direction, with said non-tangent curve to the right, having a radius of 985.00 feet, a central
angle of 15°16'43", and a chord bearing and distance of South 70°56'01" West, 261.88 feet and an arc distance of
262.66 feet to a point for corner said point being the beginning of a compound curve to the right;
THENCE in a northerly direction, with said compound curve to the right, having a radius of 3,955.09 feet, a central
angle of 00'25'28", and a chord bearing and distance of South 78'47'03" West, 29.31 feet and an arc distance of
29.31 feet to the POINT OF BEGINNING and containing 27,662 square feet or 0.6350 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description
accurately sets out the metes and bounds of the subject tract.
EXHIBIT "A"
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
PART OF LOT 1 R1, BLOCK 3
LANDMARK QUEBEC ADDITION
�E OF
.•T JOSE MARIA BASQUES SURVEY,
MICHAEL C. BILLINGSLEY Co*.- •p�c'�STE � ys ABSTRACT NO. 85
REGISTERED PROFESSIONAL :: CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 •ICHA••••• EO BILLINGSLEY TARRANT COUNTY, TEXAS
MICHAEL CLEO
801 CHERRY STREET, •••:•••••••••••••••••••••- ....
UNIT 11 SUITE 1300 '• ,0 6558 P�•r Kimlev))) Horn
FORT WORTH, TEXAS 76102 �9 1'��FE S 5�� 'o�
'Y ••'••.... .•••c y 891 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
PH. 817-335-6511 Q S U R v C Fort Worth,Texas 76102 FIRM#10194040 w .kimley-horn.com
michael.billingsley@kimley-horn.com SFcale Drawn by Checked by Dale Project No. Sheet No.
N/A CDP MOB 1 1/13/2022 061298201 2 OF 5
BILLINGSLEY,MICHAEL 1/14/2022 9:50 AM K.\FTW SURVEY\068914802-3101 CENTRE DRIVE FORT WORTH\DWG\058914802-3101 CENTRE DRIVE FORT WORTH_SWFMA.DWG
Exhibit A
Page 3 of 5
NORTH
0 50 100
GRAPHIC SCALE IN FEET \
Cq \
\ NF
1/2"IRF P•O•C•
(C.M.)
LOT 1 R1, BLOCK 3 <s 11 68624 W
LANDMARK QUEBEC ADDITION 1' L7
(INST. NO. D216030633) L1
1/2"IRFC
TEXAS HEALTH RESOURCES J "WIER&ASSOC INC."
(INST. NO. D209093719) (C.M.)
TRACT 1 U P•0•B•
0.3812 ACRES CO
165606 SQ. FT. < o�
L4
2 � z
L3 � o
ZD = o
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey
plat accurately sets out the metes and bounds of the subject tract. EXHIBIT "B"
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
PART OF LOT 1 R1, BLOCK 3
LANDMARK QUEBEC ADDITION
• �E OF
............ JOSE MARIA BASQUES SURVEY,
MICHAEL C. BILLINGSLEY �P'•�E�isTEay�• ABSTRACT NO. 85
REGISTERED PROFESSIONAL : CITY OF FORT WORTH
"••••••••••••••••••••••• ... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
UNIT 11 SUITE 1300 '• 0 6558 Kimlev))) Horn
FORT WORTH, TEXAS 76102891 Cherry Street,
11
PH. 817-335-6511 �V�•••S•U•R �y Fort Worth,Texas 751t02 11,#13FIRM 410194040 Tveoww ki ley-horn.orn
michael.billingsley@kimley-horn.com Scale Drawn by Checked by Date ProlectNo. Sheet No.
1"=100' CDP MOB 111312122 1 0612982D1 3 CF 5
BILLINGSLEY,MICHAEL 1/14/2022 9:50 AM K.\FTW SURVEY\068914802-3101 CENTRE DRIVE FORT WORTH\DWG\058914802-3101 CENTRE DRIVE FORT WORTH SWFMA.DWG
Exhibit A
Page 4 of 5
NORTH
0 50 100
GRAPHIC SCALE IN FEET
BUDA LANE
(100-FOOT RIGHT-OF-WAY)
LOT 1 R1, BLOCK 3
LANDMARK QUEBEC ADDITION Leo
(INST. NO. D216030633) TRACT 2 <�
TEXAS HEALTH RESOURCES 0.6350 ACRES
w
(INST. NO. D209093719) J 27,662 SQ. FT.
P.O.C.
.O.C.
P.O.B. '
1/2"IRFC N80°34'35"E i / C'2
"WIER&ASSOC INC."
- - 21O8F.9�2' R E pRwL
E8
C3
(S86-22'4711W 202.81 HwEST
�oRTEN -W AY)&ASSOCASSOG INC."ING." RIG"T-OFEXHIBIT "B"
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
PART OF LOT 1 R1, BLOCK 3
LANDMARK QUEBEC ADDITION
JOSE MARIA BASQUES SURVEY,
ABSTRACT NO. 85
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev))) Horn
891 Cherry Street,Unit 11,#1 990 Tel.No.(817)335-6511
Fort Worth,Texas 75102 FIRM#10194040 www.kimley-horn.corn
Scale Drawn by Checked by Date Protect No. Sheet No.
CDP MOB 1 1/13/2022 1 0612982D1 4 OF 5
BILLINGSLEY,MICHAEL 1/14/2022 9:50 AM K.\FTW SURVEY\068914802-3101 CENTRE DRIVE FORT WORTH\DWG\058914802-3101 CENTRE DRIVE FORT WORTH SWFMA.DWG
Exhibit A
Page 5 of 5
LINE TABLE
NO. BEARING LENGTH
L1 N80°15'09"W 15.00'
L2 N64°27'00"W 41.46'
L3 N77°17'24"W 6.53'
L4 N89°54'20"W 22.03'
L5 N00°05'05"E 189.05'
L6 S65°17'58"E 124.08'
L7 S09°05'24"W 9.52'
L8 S11'00'1YE 15.00'
L9 N00°05'05"E 163.74'
L10 S79°46'45"E 268.60'
L11 S25°11'45"E 27.44'
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
C1 13°40'34" 647.09' 154.46' S17'15'03"W 154.09'
C2 15'16'43" 985.00' 262.66' S70°56'01"W 261.88'
C3 0°25'28" 3955.09' 29.31' S78°47'03"W 29.31'
EXHIBIT "B"
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
PART OF LOT 1 R1, BLOCK 3
LANDMARK QUEBEC ADDITION
JOSE MARIA BASQUES SURVEY,
ABSTRACT NO. 85
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev))) Horn
891 Cherry Street,Unit 11,#1 990 Tel.No.(817)335-6511
Fort Worth,Texas 75102 FIRM#10194040 www.kimley-horn.corn
Scale Drawn by Checked by Date Protect No. Sheet No.
N/A CDP MOB 1/13/2022 1 0612982D1 5 CF 5
BILLINGSLEY,MICHAEL 1/14/2022 9:50 AM K.\FTW SURVEY\068914802-3101 CENTRE DRIVE FORT WORTH\DWG\058914802-3101 CENTRE DRIVE FORT WORTH SWFMA.DWG
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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 AGREEMEN
Rev.11/17/2016
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