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HomeMy WebLinkAboutContract 58069 Date Received: 09/07/2022 Permit No.: SWFMA-22-0036 Time Received: 4:47 m p City Secretary No.• 58069 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of September 2022, by and between PR III/Crow Building C, LP, a Delaware Limited Partnership acting by and through Jake Marks, 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 tract of land situated in the Alex McDonald Survey,Abstract 786 in Denton County, Texas, and being all of Tract 2 described in Special Warranty Deed to PR III/CROW Building C, LP, as recorded in County's Clerk Document number 2022-55509 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 Trammell Crow 35 Eagle Phase III, 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 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.03/01/2022 BN 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: 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. 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.03/01/2022 BN 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 PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY,HOLD HARMLESS AND DEFEND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev,03/01/2022 BN 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. S. 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 3rd day of September 2022 CITY: LANDOWNER: PR III/CROW BUILDING C, LP, b B a Delaware limited partnership Dana Burghdnfff-Wn-A.9W fir 4 CDT) Dana Burghdoff, By: PR III/Crow Building C, LLC, Assistant City Manager a Delaware limited liability company, City of Fort Worth its general partner Date: Sep 3, 2022 By: PR III/Crow Building C, E, F, G & L - Holdings, LLC, a Delaware limited liability company, its member and manager Approved as to Form and Legality: By: TC Eagle CEFGL Development, LLC, a Delaware limited liability company, authorized member Thomas Royce Hansen, Assistant City Attorney II By: TCDFW Industrial Development, City Attorney's Office Inc., a Delaware corporation, its Date: Sep 2, 2022 managing member B 'l�J4& ATTEST: O�°F 0004n r0Va Na : Jake Marks 01° ° . °o��d Its: Senior Vice President 0—° °=d °y 3 �Jan netteS.Good all(Sep 7,202208:33CDT) p o Date:° 00 T� Jannette Goodall, da °°°°°°°°° p City Secretary an nEXpSoAo City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the Date: Sep 7, 2022 person responsible - for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ,7,we SSA Geff MomGef Janie Scarlett Morales(Sep 2,2022 16:39 CDT) Janie S. Morales, Planning Manager Development Services Date: Sep 2, 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Sept. 3, 2022 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed byBichson Nguyen 1�9 BICH SON THI NGUYEN Nguyen Date:2022.09.0612:19:47 Notary Public 05'00' STATE OF TEXASNota Public State of Texas Notary I.D. 133389224 ry �My Comm.Exp.Oct. 13,2025 STATE OF TtyC&5 § COUNTY OF _�aJl�I LS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of L Q-S , on this day personally appeared_._,_ W t\.kAf V S (name), b( �,I�U C1RE \ (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 _i�' Al / CA 0 6\Y\\Afk!1 C L,Q (entity), a Q0L(AVV(S\A:-A e (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of S-k , 20�2` . ••�, SAMANTHA WILCOX N y Public, State of i P Notary ID 4133314821 y �J My Commission Expires September 3,2025 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.03/0112022 BN Exhibit "A" (METES AND BOUNDS OF THE FACILITY PROPERTY) STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 EXHIBIT "A" STORM WATER DETENTION FACILITY BEING a tract of land in the Alex McDonald Survey, Abstract No. 786 in Denton County, Texas, and being all of Tract 2 described in Special Warranty Deed to PR III/CROW Building C, LP, as recorded in County Clerk's Document No. 55509 (2022) in the Official Records of Denton County, Texas (O.R.D.C.T.) and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." for the common corner between the southwest corner of Tract 1 as described in Special Warranty Deed to Hart 35 Eagle LLC, as recorded in County Clerk's Document No. (2016) 160701 O.R.D.C.T., same being the southwest corner of Lot 3, Block 1 of Lot 3, Lot 4, & Lot 5, Block 1, Trammell Crow Eagle 35, as recorded in Document 2016-195 O.R.D.C.T. and the southeast corner of Tract 1 B as described in Special Warranty Deed to PR III/CROW 3001 Eagle Parkway Land, LP, as recorded in County Clerk's Document No. 2018-147576 O.R.D.C.T., also being on the northerly right-of-way line of Eagle Parkway (a variable width right-of-way120-140 foot, as recorded in Volume 2769, Page 580 D.R.D.C.T.; THENCE North 59 degrees 38 minutes 22 seconds East, departing said northerly right-of-way line and along the common line between said Tract 1 (Lot 3)and said Tract 1 B, a distance of 220.72 feet to a found Mag nail with shiner for the point of curvature of a circular curve to the left, having a radius of 82.00 feet, whose chord bears North 47 degrees 30 minutes 20 seconds East, a distance of 34.47 feet; THENCE Northeasterly, continuing along said common line and along said circular curve to the left, through a central angle of 24 degrees 16 minutes 07 seconds, an arc length of 34.73 feet to a found Mag nail with shiner for corner; THENCE North 35 degrees 22 minutes 17 seconds East, continuing along said common line, a distance of 373.26 feet to a set"X" cut for the POINT OF BEGINNING; THENCE North 54 degrees 38 minutes 01 seconds West, departing said common line, a distance of 584.94 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with cap) for the point of curvature of a circular curve to the right, having a radius of 25.00 feet, whose chord bears North 17 degrees 40 minutes 52 seconds East, a distance of 47.64 feet; THENCE Northeasterly, along the arc of said circular curve through a central angle of 144 degrees 37 minutes 44 seconds, an arc length of 63.11 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 89 degrees 59 minutes 44 seconds East, a distance of 536.99 feet to a 1/2-inch set iron rod with cap for the point of curvature of a circular curve to the right, having a radius of 80.00 feet, whose chord bears South 72 degrees 19 minutes 00 seconds East, a distance of 48.61 feet; THENCE Southeasterly, along the arc of said circular curve through a central angle of 35 degrees 22 minutes 33 seconds, an arc length of 49.39 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 54 degrees 37 minutes 43 seconds East, a distance of 115.26 feet to a set "X" cut for corner, being on said common line; THENCE South 35 degrees 22 minutes 17 seconds West, along said common line, a distance of 370.99 feet to the POINT OF BEGINNING Containing 147,926 square feet or 3.396 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the west line of Lot 3, Block 1 of Lot 3, Lot 4, & Lot 5, Block 1, Trammell Crow Eagle 35, as recorded in Document 2016-195 O.R.D.C.T. 1of2 CURVE TABLE I /1 / CHORD CHORD LINE DELTA RADIUS LENGTH LENGTH BEARING 1 �FN4 S54'37'43'E MAC NAIL 44° T4 " 2 4 4' N1 °4 ' 2"E 115.26' i ii.t�HI UER 3" RT 4 4 1' °1 C2 SIR I f I`\ 4°1 7" T 2. 4.73' 7' N47° '2 ° SIR SXi I \I Y 4 I TRACT 1 PR 1111CROW BUILDING C,LP DOC NO.55509(2022) // 1.325 ACRE STORM —� 0.R.D.C.T. / WATER DETENTIONFA C I IL4� I D21512/5867pO.R.T.C.T. I IL4 I / I Iry I � I \LF:\ NI(DO\:\i.D '-J_M'EN' A"I' 1 z I 1_4 1 I I UitiTRACT NO. 7t1(i 147,926 SF I 3.396 ACRE / STORM WATER �' 4 / DETENTION I Iv�6 W.{,"� FACILITY I I��N N U / TRACT 2 j '.O PR III/CROW I I�Om1 / BUILDING C, LP "R DOC. NO. 55509(2022) I I I I I ` O.R.D.C.T. POINT OF I \ ——— BEGINNING sx1 I I C1� I Sly -- - - ---------N54'38'01°W ---584.94'--�— I I I I 1 I I I \LF.\ 1Ic•DON; 11) ti[ R\I''ti 30'BUILDING ' I \I1tiTR;\t7 \O- _Mti SETBADOC NO.2016N95, 1 (CALLED 34.42ACRES) P.R.D.C.T. I N PR 1111CROW 3001 I ' ---- EAGLE PARKWA Y,LP I I I TRACT 1B DOC.NO.2018-147576 I 1 sx I I I II L 35EAGLEn� I LOT O.R.D.C.T. N3 73.2 ' RA r1 36 I ow r l LOT SRI aLOac 1 I aU� VG C LP rr�1 rr�� BLOCK 1 I l LOB d l LOT 5R3 I IPLOCKI'I BLOCK M4G NAIL /wI C3FOUND + MAG NAIL U FOUND STORM WA LOT LorsRz MOCK I 'Iti 1 DETENTION FACILITY (/ IRAC1 I-PARCELB �Iry PR miCAOW 35 EAGLE.LP 0 50 100 150 200 ^7�'� HART 35 FAGLE,iIC ?� � n❑ SCALE: 1"=100' 1 r2•FIR LOCATION MAP W,HALF ASSOC\\F, A LEGAL DESCRIPTION N.T.S. INC.CAP"__ ACCOMPANIES THIS EXHIBIT a LEGEND I� EXHIBIT "Art ---I STORM WATER DETENTION (� C}F STORM WATER I__j FACILITY DETENTION FACILITY • FOUND IRON ROD 112 SET IRON ROD WITH IN THE SIR YELLOW PLASTIC CAP °1......................... STAMPED HALFF •not G AS A CAL HOUN CM CONTROL MONUMENT .Ut.`.VnVi4Lal.+1+L7..f�1'+�U........•Vga...• ALEX McDONALD SURVEY, A-786 C PROPOSED LOT LINE CITY OF FORT WORTH, DENTON COUNTY TEXAS \10 x -- EXISTING EASEMENT LINE ti, B s 1a•'• c EXISTING BUILDING SETBACK daNQ+� Rat�Q I Basis of bearings is the Texas Coordinate System NAD 83,North Central Zone(4202), — EXISTING PROPERTY LINE M observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative 4 Network,as observed on August 06,2012 Convergence angle at reference station APPROXIMATE SURVEY LINE DHLF0811 is 00 degrees 39 minutes 2075571 seconds as calculated by Corpscon 6.0 1 Daugiaa A.Coatax6 Raq:al ar ad bofeaalomd Land Swvvyar,do hvraoy ce"Ify that rNa aorcelras ■■■ �����.w I scored from.survey^a ana ground DGN: EXB006-DETFAC•34575 dgn AVO: 34575 nr my a.werrl.Ivn am . ron. A.Caa oun 40M FOSSIL CREEK BLVD FORT WORTH,TEXAS 76137(817)847-1422 DATE: 04/26/2022 PAGE NO.: 2 OF 2 a a*raa Pra raasi-.Lon.Surveyor THPLS FIRM NO,10R29%5 Staty at raxpa Na,5619 Exhibit "S" (DESIGN STANDARDS FOR THE FACILITY) STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016 ------------------------------------------------------- ---------- ROMV Hys-9; —P. -E Ono 2—j- ihmmugg MU'v"%- 8W, A-;�.pp gd.'m� it,- -Hil 34�N!Dg-. mg MIT 54 VAN --Vff!S8j'P..6 K 9 IA; gg 8 01�91 A Eli 5 3 2.89;! ez z4A�gyas F; 2-2 a.." 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',-, - . qaANAVI N n n n M-1 Q'. f !2 �b / .�e s > B II nl - ti polo ROPE lx II Ras .1 p F DJE aS ------------ 1 t 1 s 2 li i I.,Polo-PE 7 mom H HALFF 35 EAGLE ADDITION — mom BUILDING 1 l FORT WORTH,TEXAS il ---------- ------------- STORMWATER FACILITY MAINTENANCE AGREEMENT 13 Rev.11/17/2016 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. • 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 14 Rev.11/17/2016 Exhibit "D" (DETENTION BASIN INSPECTION CHECKLIST) STORMWATER FACILITY MAINTENANCE AGREEMENT 15 Rev.11/17/2016 cn W N (p m w �I m cn W N IOU < 4 m01 Z 0) N Q D u, v, D D O D w D D 0 rn w o 0 7 .--t .--t � � � .--t -I � 0 .--t .--t !y 0 0 •--� 3• O ZY 3 m 0 70 70 m (ZY 3D m O O Z m o m 0 0 7 70 �' m (D (D m (n �' m (n a �' (� �, U) U) n m v m m m m (n a m (Dr+ m Z cD W = n 7C3 3 - � W m !D Q m m 0 � Oon 0- O Nm to o 0 0 o � � 0v : m � � N >s � Z3 � c -� o m m m c, o (DD CL m = m _ m * m O o cn 0 D• O N v m 0_ (mD s 0 U) (D 3 0 :30 N cn (D (D Q S 3 m `< OT 0 (D N fa- v 3 O_ 3 m w - w m cn S 0 0 N D- `� W (CDcn :3 ED 0 _ U) 7C3 to CAI -0 �' (D v cJ m 0 n0iCD En CD v 0 D �' m m co m CO 0 m CL 0 Q v 0 �, Q 0 D. `� --Im 0 .�� < c0 0 ;c m s= -0 o CD 0 3 0 (D Z W. _ m = 0 0 •-j c: (D m �' 0 co m -I a T. : m m 0 (D N 0 0 CD cn: _ Q v Q J CD 0 I r m m (p 0 in D 0 (O 0 � —i CD : 0 -1 n '' � O m X m m m m m m m m m m m m m m m CAI IW IW IW I� I� IN I� I� I(n I(n O � z z z z z z z z z z z z z z z 0 0 0 O O O 0 O O 0 0 O O 0 0 0 m I I I I I I I I I I I I lu 0. m < 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 ca Z m m m m m m m m m m m m m m (D co fA � � cD � - - p ea 0 0 0 cn 0 0 0 0 0 0 0 cn 0 0 �0 v 3 � � w cD Z or c' r-l� W z D � U U) ' 0 >s Z U) : CD 7o m m m _0 < m m ( h m < � CD �30 J rt� STORMWATER FACILITY MAINTENANCE AGREEMENT 16 Rev.11/17/2016