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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 vi o 1 w cn cn D a °' N o Ln 0 X X O J O eX O I CP z o Q a QJ I O W Z U_} _ } W ZOXm C� N a W J z D z 0z LL —C-4 1 00 O 0 o o Q J J m� �� Z I> < MLO-o z W N v "m °O M v ; � � o ao 00� = D ����ot� m0 W W Q 0 J W W(A01--W � m 3 3 3 W W w z o � ao Q o o = z 3:z W Z U W i--i — F v H O N M N N M coW C) O O W W Q Q O O 0 ;W N W W N M N N M Q m O 0 O_[) U = J � Q l.� d in YNl A N Y' � I w LL O Cr m N N N Z Z Z zzv Q z W\b I Z N M N �i U LL W �stiao I W I • a d Z� W�N I I O a zLU cm LU m O CL Y LU I N ® W p� I 2 I oW I J 4 ti I ro I z I I � � I z 4 I N a ti I V)LU �� W OMaa � (i�ci o o�o <Lu `- - MOzO J Q / LL'r ;J; N tn;� JaMYZF / 0:(n .p. p O / p• o 1 � WU rn / _0 Or co JO I WWtiU O~ /� �� n N J 0 O �2WW2�0 /�� y0N N Z N4�>c�NO i > .`�. 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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