HomeMy WebLinkAboutContract 57740 Date Received: 06/29/22 Permit No.: SWFMA-22-0055
Time Received: 5:00 pm City Secretary No.: 57740
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 28th of June
2022 , by and between O'Reilly Hotel Partners-Champions Circle, LLC, acting by and
through Timothy O'Reilly, its duly authorized Manager hereinafter referred to as
"Landowner", the Beechwood Business Park Association, hereinafter referred to as
"Association" and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 19.3]-acre tract located in the A.M. Feltus Survey, Abstract No. 1464 and
the R. Matany Survey, Abstract No. 878, Denton County, Texas according to the deed
record, recorded as Document Number 2017-153615 in the official 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 TMS Champions HAPT hereinafter
called the "Plan", which is expressly made a part hereof, as approved or to be approved by
the City and the Landowner and Association provides for management of Storm
water within the confines of the Property; and
WHEREAS, the City and the Landowner and Association, 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 Storm water 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 Storm water Management
Facilities ("Facility") as shown on the Plan be constructed and adequately
maintained by the Landowner, its successors and assigns, including Association, the
location and dimensions of which is shown and more particularly described by metes
and bounds in the attached Exhibit"A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the
Association and the Association agrees to accept the Property where the
Stormwater Facility is located.
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 and Association, 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 and Association, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.03/01/2022 BN
inspection shall cover the entire Facilities, 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 and Association, 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 and the Association, 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 and the Association, 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 or the Association. Such lien shall be perfected by
filing in the office of the County Clerk of Tarrant County, Texas an affidavit
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
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 AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY
OTHER DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner and Association 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 and
Association 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 100year 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.03/01/2022 BN
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of O'Reilly Hotel Partners-Champions Circle, LLC as
Landowner hereunder shall expire and be of no further force or effect upon
the transfer ("Transfer") by O'Reilly Hotel Partners-Champions Circle,
LLC to the Association of legal title to the Facility Property, save and
except for any liabilities, indemnities and obligations of O'Reilly Hotel
Partners-Champions Circle, LLC as Landowner hereunder which have
accrued and are due, payable and/or performable as of the date of the
Transfer and which shall expressly survive the Transfer.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.03/01/2022 BN
Executed this 28th—_day of June 2022
CITY: LANDOWNER:
O'REILLY HOTEL PARTNERS
CHAMPIONS 71RCLE,LLC
Dana Burghd°ff( n 28,20 20:21 CDT)
Dana Burghdoff
Assistant City Manager Nye—
City of Fort Worth Title:'
Date: Jun 28, 2022 Date:
Approved as to Form and Legality: BEECHWOOD BUSINESS PARK
AS OCIATION:
Matthew Murray William V.Boecker
City Attorney's Office Director
Date. Jun 28, 2022 Date: J""
O
d°�4FRr��4
F °°°°°°°
ATTEST: 9�oo°° °°°�Odd�
01.Q o�.t� Contract Compliance Manager:
0 v 0 o=d By signing I acknowledge that I am the
Tgnnette S. Goo�%ll d °
P 0
o ° cd
Jannette S.Goodall(Jun 29,202216:31 CDT) °° ° Icyperson responsible
Jannette Goodall, da�4 hixP" a4d for the monitoring and administration of
City Secretary �nua�4� this contract,including
City of Fort Worth ensuring all performance and reporting
requirements.
Date: Jun 29, 2022
Janie S. Morales,Planning Manager
Development Services
Date: Jun 28, 2022
STaRMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev.03/01/2022 BN
CITY SECRETARY
FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Tune 29th by DJ Harrell,
Development Services Director of the City of Fort Worth,on behalf of the City of Fort
Worth. Wendy L. Digitally signed by Wendy
L.Beardslee
Beardslee Date:2022.06.2914:14:17
o,p.RY I've/ WENDY L BEARDSLEE -05'00'
_ Notary Public Nntary Aihlir. Rtxte nfTexac
+ � + STATE OF TEXAS
Notary I.D. 13323719-3
9FOF�+ My Comm.Exp.July 28,2025
P
STATE OF §
COUNTY OF Cl f-q f)Qr §
BErORE ME,the undersigned authority,a Notary rublic in and for the State of
MSs�►-i , on this day personally appeared T,M
(name), M(;,r�.[911, (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 expres,,&-.d,as the
Q,Kcx V'X toio,*'%g` L}rC��? L.0
act and deed of C'RQ:.1W"( v E rz� fir,r V"Q.; � - (entity), a
M6Sk�,•r, k\L+,nt k6_�k"k,(VL�,t 6iXAR (entity type) and in the capacity therein
stated J
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2(& \ day
of,-) U p— ,20 2a
q MARaLii,�
� Ztg32p?F��sJ+''% Notary Public,State of
o'�' s k�Ls 4u.v1
pG NOTARY SEAL
Ureene
$9P'- County Gi�
i'0 fission# OFFICIAL RECORD
��"��/CAI S�A%;, p,`�� CITY SECRETARY
STORMWATER FACIUTY MAINTENANCE AGREEMENT FT.WORTH,TX
Rev.03/01/2022 BN
STATE OF '�0('� §
COUNTY OF §
This instrument was acknowledged before me. by,
authorized r resenta ve,acting on behalf of the
ii1P�}7 Itl 4tfll He =mr Association.
*P 'a - STA('I GONDANE
` a NoUry Public
t•, *= STATE
F OF TEXAS
{��.v'`�. ¢ Piotary ID*1264359M NotaryPublic State of
vy Ca„m;Exp.March 4.2024 s
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.03/01/2022 BN
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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 MAINTENANCEANSPECTION
Visual inspections of all components will be conducted every 6 months.
All temporary and permanent erosion and sediment control practices shall be
maintained and repaired as needed to assure continued performance of their intended
function.
• Discharge points shall be inspected regularly (at least as often as required by the
TPDES Construction General Permit) for evidence of downstream erosion. Repair
dislodged or missing rock riprap. The development of head-cuts, the deepening or
widening of the channel, or low flow channels developing within the main channel are
all evidence that additionally velocity dissipation measures are required until
permanent structures are installed.
• The facility shall be inspected and maintained periodically to prevent growth of trees,
and overgrowth of grass and weeds.
STORMWATER FACILITY MAINTENANCE AGREEMENT 12
Rev.11/19/2020 JLE
• Scour should be checked for periodically at the channel lining transitions and channel
head cutting.
• Riprap should be placed on a lining of filter fabric to prevent soil movement into or
through the riprap. The perimeter of the filter fabric must be keyed into the ground a
minimum of 6 inches. The filter fabric should be inspected and maintained to avoid
erosion and undercutting.
• Gabions shall be inspected regularly and after every large storm event. Any broken
wire mesh shall be repaired when necessary.
• Inspector shall ensure that there is no erosion at all edges of the gabions and riprap. If
erosion is found, additional erosion measures shall be added to ensure the structural
integrity of the gabion drop structure.
• 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 13
Rev.11/19/2020 JLE
EXHIBIT "D"
STORMWATER STRUCTURAL MAINTENANCE CHECKLIST
FREQUENT INSPECTION DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
Mowing
Remove trash and debris
Inspect irrigation system
operation
Remove grass clippings
Violations noted
MINOR INSPECTION
Drop Structure Condition
Riprap Condition
Channel Condition
Amount of silt in channel
Amount of silt in gabions
Amount of ponded water
Amount of wetland vegetation
Location of erosion
Percent of vegetation
MAJOR INSPECTIONS
Drop Structure Condition
Riprap Condition
Channel Condition
Berm or embankment
settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 14
Rev.11/19/2020 JLE