HomeMy WebLinkAboutContract 57584 Date Received: 05/20/2022 Permit No.: SWFMA-22-0038
Time Received: 1:51 PM City Secretary No.: 57584
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of May
2022, by and between CRP/RW Beechwood MF Owner, L.P., a Delaware limited
partnership acting by and through Michael Blair, its duly authorized representative
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 tract
of land situated in the C Sutton Survey, Abstract No. 1561, City of Fort Worth, Denton
County, Texas as described in deed to CRP/RW Beechwood MF Owner, according to
Instrument No. 2021-171436 recorded in the Official Public Records of 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 Beechwood Double Eagle
Multifamily, 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 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 1
Rev.03/01/2022 BN
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, 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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.03/01/2022 BN
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 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
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 Denton
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
PROPERLY. LANDOWNER 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 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 Denton 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.03/01/2022 BN
Executed this 19th day of May 2022.
CITY: LANDOWNER:
Dana BU✓cil�doFf
Dana Burghdoff ay 19,2022 09:03 CDT)
Dana Burghdoff, CRP/RW Beechwood MF Owner, L.P.
Assistant City Manager Michael Blair
City of Fort Worth
Date: May 19,2022 Date: s/c3 a:-
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: May 18,2022
ATTEST:
C (on behalf of) Contract Compliance Manager:
By signing I acknowledge that I am the
Jannette Goodall, �4nn� person responsible
City Secretary �qa ��
City of Fort Worth Oz °FOR?- for the monitoring and administration of
a�o °°O�� this contract, including
Date: May 20,2022 P.•o °o4 ensuring all performance and reporting
0t�° o=d requirements.
0
0 0 �d
°o°O0000°°°oo Ice
Janie S. Morales, Planning Manager
Development Services
Date: May 18,2022
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/01/2022 BN FT.WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on May 19, 2022 by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth. Digitally signed by
Bichson Bichson Nguyen
RYPG BICH SON THI NGUYEN Nguyen Date::123522.05.19
o�P e� 10:12:35-05'00'
2 A Notary Public
*�3 * STATE OF TEXAS Notary Public, State of Texas
.y�OFP Notary I.D. 133389224
My Comm.Exp.Oct. 13,2025
STATE OF §
COUNTY OF §
/' BEFORE ME, the undersigned authority, a Notary Public in and
for
the State of
L i-. , on this d y personally appeared /�l/'(,�&e r P/a,�
V 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 CRP/ DI�"4h N;�4*/', (entity), a
(entity type) and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3/ k day
of �� , 20 22 .
TlL44fi,�
�r� O�AR�- q,�;' Notary Public, State of �P�,,a,,�
� EXPIRES = `�"
yZG1A
pu0ust
puati�G��,;
NN„�� .
`�� OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX
Rev.03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.03/01/2022 BN
Exhibit "A"
LEGAL DESCRIPTION
STORMWATER FACILITIES MAINTENANCE AGREEMENT
BEING a 23,642 square foot (0.5427 acre) tract of land situated in the C Sutton Survey, Abstract No. 1561, City of
Fort Worth, Denton County, Texas; said tract being part of a called 23.0931 acre tract of land described in Special
Warranty Deed to CRP/RW Beechwood MF Owner, L.P., recorded in Instrument No. 2021-171436 of the Official
Public Records of Denton County, Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the southeast corner of the said called 29.0931 acre tract; from said
point a 5/8-inch iron rod with "KHA" cap found bears North 0°32'49"West, a distance of 406.17 feet;
THENCE North 89°33'04" West, along the south line of said called 23.0931 acre tract, a distance of 25.61 feet to a
point;
THENCE North 0026'56" East, departing the said south line of the said called 23.0931 acre tract, a distance of 35.00
feet to the POINT OF BEGINNING;
THENCE North 89o33'04"West, a distance of 70.74 feet to a point for corner;
THENCE North 00°26'22" East, a distance of 356.31 feet to a point for corner;
THENCE South 86'11'47" East, a distance of 49.30 feet to a point for corner;
THENCE South 44°33'04" East, a distance of 16.07 feet to a point for corner;
THENCE South 00°26'56"West, a distance of 51.27 feet to a point for corner;
THENCE South 89°33'04" East, a distance of 5.16 feet to a point for corner;
THENCE South 00032'49" East, a distance of 290.84 feet to the POINT OF BEGINNING and containing 23,642
square feet or 0.5427 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 & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract.
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
C. SUTTON SURVEY
OF rFL ABSTRACT NO. 1561
MICHAEL C. BILLINGSLEY co�; �r1GISTE/ O-.,`9s CITY OF FORT WORTH
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558 ........................••••.••• DENTON COUNTY, TEXAS
801 CHERRY STREET, MICHAEL CLEO BILLINGSLEY
UNIT 11 SUITE 1300 ••., ,0 6558 v: ••• Kimlev))) Horn
FORT WORTH, TEXAS 76102 �q .0FESS�� e o�
PH. 817-335-6511 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
Q •S•U R v�y Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
michael.billingsley@kimley-horn.com Scale Drawn by I Checked by Date Project No. I Sheet No.
NIA CRG MC8 5/5/2022 061318400 1 OF 2
BILLINGSLEY,MICHAEL 5/9/2022 10:52 AM\\KIMLEY-HORN\TX_FTW\FTW_SURVEY\061318400-BEECHWOOD MF FORT WORTH\DWG\061318400-BEECHWOOD MF FORT
Exhibit "A"
�— — 5/8"IRFC
t
"KHA"
NORTH
L3 LOT 23
0 30 60 , BLOCK G
z z OAK CREEK
GRAPHIC SCALE IN FEET I to J � y TRAILS,PHASE 2
m 1 Q INST. NO.2017-126
L6 >
w
CO j —
ti
J
LINE TABLE ¢ LOT 6
NO. BEARING LENGTH
L1 N89°33'04"W 25.61'
z d
L2 N00°26'56"E 35.00' _ LOT 5
co
L3 S86°11'47"E 49.30' ¢ ¢ r' 00
Co
L4 S44°33'04"E 16.07' a w w
L5 S00°26'56"W 51.27' c I Z 04 M
O CO y
L6 S89°33'04"E 5.16' (0 o M `� LOT 4
4 O Z O
V
V
N
C7
CALLED 23.0931 ACRES ZL LOT 3
CRP/RW BEESHWOOD MF OWNER,L.P. fI
INST.NO.2021-171436
0.5427 ACRES / LOT 24
LEGEND 23,642 SQ. FT. — — -
I
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING LOT 2
IRF=IRON ROD FOUND
IRFC=IRON ROD W/CAP FOUND
LOT 25
NOTES N89'33'04"W 70.74'
Bearing system based on the Texas Coordinate System I P•0•C
of 1983 (2011 adjustment), North Central Zone (4202). A P.O.B. LOT 1
metes and bounds description of even survey date — — — — L1 1/2"IRF
herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this survey plat accurately sets out STORMWATER FACILITIES
the metes and bounds of the easement tract. MAINTENANCE AGREEMENT
C. SUTTON SURVEY
�k�� '- �Q� GOF..TFy ABSTRACT NO. 1561
MICHAEL C. BILLINGSLEY �; ' moo'' .cP CITY OF FORT WORTH
REGISTERED PROFESSIONAL '
LAND SURVEYOR NO. 6558 ...."••""""•••"......•..... DENTON COUNTY, TEXAS
801 CHERRY STREET, MICHAEL CLEO BILLINGSLEY
UNIT 11 SUITE 1300 0 6558 �,;
FORT WORTH TEXAS 76102 �•'••:�o �� `� ' Kimlev* Horn
9 FESS\), o
PH. 817-335-6511 41 G For Cherry Street,Unit 11,#1300 Tel.No. ley-h 335-6511
O••.S•�•R•v `� Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com
michael.billingsley@kimley-horn.com Scale Drawn by Checked by Date ProiectNo. Sheet No.
1"=60' CRG MCB 5/5/2022 061318400 2 OF 2
BILLINGSLEY,MICHAEL 5/9/2022 10:52 AM\\KIMLEY-HORN\TX_FTW\FTW_SURVEYN061318400-BEECHWOOD MF FORT WORTH\DWG\061318400-BEECHWOOD MF FORT
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
svois�naa H SVX31'A1NnOD NO1N30
�1 HN Hi?]OM iHOJ JO A11O
��iwd�-il�nw NV,d
` -H sd
uaOH]��(r/\al���oo b ��� d.,,y, IM:IiNOONOISObO wU
o; mov3 3-ienoa
QOOMHO338
LIMA
ss OO w
e LL _ _ -- -- -- -- --
• 3
11
I I I LI II
-- - —
I�
NOI1N31304360dOJd ---- �
_ �wz
a
� Sl"Lb9=3jj NIW
s Z`JNIQlln9 \ �I
/
opt 11
e
a _ _
ti
Q1 /zl
by
"p>igg
p J
svois�naa SVX31'A1NnODjO NO1N30
AlIJ
`,a,, Ai �nw ddw v7l Jv
uaOH]��(r/\al��Noo b ��� w, d., 30b' MAG 43SOdMAd r c�
�;_; 4� 3�Jb'3 3�enoa
" ' QOOMH0338
� &� wl i 1 �O � ••
o1H°M 3a. — — —
I
I I II II
i
-------------------------
(I D
i
} I
rt
° I
6
�o
/V
R ° I
1� i / ail oo
� �� oar, �' , r� � y �, � � � ♦� F e �� �
Gi 1
a
EL
svo(s�naa SVX31'A1NnODjO NO1N30
AlIJ
JIIIWb'�-uinn NvIdallod =N
UJOHO(AalwlN H � H 3�oadd�l
�d,,,y,s 3-lov3 a 3-ieno
' QOOMH0338
3 a
o
z
e o 3
_ � I
/ s -Ni
�pouFw �, i W 6
o
F
I �a I
I
jll --- Pv
a
-' I el�1�✓ F—_ o I
twil
ow LU
LL
o
a
--- m
eke AA
��--
Ri161rv31N1S3nNi iiV III
(533�,tv15'oroa a3ntl�1 I
I II
a
� a
z J o
w al L
w
aIN a1-1 11
LO
————tt
z
� blal IIIIIIII= IIIIIIL _
� T [s�'zozzoz]-im�iaae ao�anssi e
0. v� SVX31'H12JOM1b03 +�
dl'?ONMO dW OOOMHO338 M2J/&13 N
-�� OOOMHO339s c
< �'� r�ou y3ew Ni�3road = m �j Q cr
-�JJJJ
JJJ 5.
2.
a A of
w,
�r
cos
9,/ d
I'
� Is
a
e
m
u
o i
�s
I
Y
I'
q10 ® I<
o
L�
I � F
ti ig
_ � g
3 s
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 AGREEMENT 8
Rev.11/17/2016
4 3E Q
oE�
a)
_
a)
a
> Q
L U
C rn
Z w
0 c
Q Z m i
o
Z
0 0 0 - ca
(n
Z E E E E E E E E E E E E E E E
W Q a) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
W
_ �j U U U U U U U U U U U U U U U
0 I I I I I I I I I I I I e�
LL
W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
J rn Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
I I I I I I I I I I I I
a 0
cn
i � � Cn
m m m m m m m m m m m m m m m co
0
c LL.
0 C.. U
LL 0 a) ai C
W F- En
cn
�_ U
En
C.) —>' o � _0 o
W t3i U' m 0 � 0
C 0 4-2 O C 0 = C L i Q)
U M
m 0 � o Q M >
Z w 0 �.' 0 a�i U
0 >+ I C E > 4--
M 0
_ oca o 00 � a)
H m >, N `n o �• - -0 0 ao) 0
U a�i o a) a) 4 a) m L c
W +� C m
0 L Cn � L C Q U C U C 'CLS Q)
IL a) m — 0 rn M C'• C � " CO aj .� C 0L C
U U M C N
Q) (n .Q C.. � N O 0 0 � m l0 C -0 M a)
rn `�' co a) a) �' o -r ai 0
0 >' N E >' N p - U CU U O U
N O C C � a) 0 a) M M N c 2 0
m U C C L �C
C m a) 46 O � yN+ 0 U N 4- ul
C O � O O O N l0 i = U i C i a)
Q a' o o m -C = c 0 0
0 0 "-
.�.' = vJ C -0 LU
a) C C co rn 0 U O O C —?' � 0 =
CCQ Q) > E o L a a a
Z O vivi
C
0m W m L
+, = O = N O O m U N O a) a) a) a) a) N N N
= a) N _ oo U _ _ oQQ _ a � QQ _ _ aLL
N a o
li m m CV vi "T Lo. CD I- 00 0-) (A N CO. ui d