Loading...
HomeMy WebLinkAboutContract 58290 Date Received: 10/24/2022 Permit No.: SWFMA-22-0059 Time Received: 3:17 pm City Secretary No.: 58290 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 20th day of October 2022, by and between Falcon Oak Creek Owner, LLC, 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 James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land as described in deed to Falcon Oak Creek Owner, LLC, recorded in document number D221373679, Official Public 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 Oak Creek Distribution Center, 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 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 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. 8. This Agreement shall be recorded among the land records of Tarrant 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 20th day of October 2022 CITY OF FORT WORTH LANDOWNER Falcon Oak Creek Owner, LLC rj"t-2-LV4. � a Delaware limited liability company Dana Burghdoff(O&20,20 08:57 CDT) Dana Burghdoff b0i4y9 feW_JaA41,Vry Assistant City Manager Doug Johnson City of Fort Worth Title: Managing Member Date: Oct 20, 2022 Date: 10-11-2022 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Oct 19, 2022 Contract Compliance Manager: By signing, I acknowledge that I am the p o°°FORT�4 person responsible for the monitoring ATTEST: ��� °°°�'p��� and administration of this contract, I I.. ° d including ensuring all performance and yannette S. Goo�%ll 0 0 o=� reporting requirements. Jannette S.Goodall(Oct 21,2022 08:16 CDT) 0'A*) °y Jannette S. Goodall Yd�4� ex0" , aTp Daunte R s24w�n c�0of �!?5 CDT) (on behalf of) City Secretary Date: Oct 21 , 2022 Janie Scarlett Morales Development Manager Date: Oct 20, 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT cJ Rev.03/0112022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Oct. 20, 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 Date:2022.10.20 12:51:24 le B1CH SON THl NGUYEN Nguyen _05,00, Notary Public STATE OF TEXAS Notary Public State of Texas Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 STATE OF QS § COUNTY OF (JI I l C%I § BEFORE ME, the undersigned authority, a Notary Public in and for the State of C/1- on this day personally appeared�Do U C� V, 1 ()"�— (name), 1 M A(k MhAA 12,xl-- (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� (6}I O C11 L C t<T �— 0 L j�', - b I C (entity), a f`C; V.r P, (� (;mob:f I►2t b,74"jeltity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this " day of U , 20101'/y2 . n ' v ry blic, State ALI JOHNSON nF Notary Public,State of Texas _�'• ;.�riF +fir Comm.Expires 07-08-2025 Notary ID 131072694 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 IN EXHIBIT"A" PRIVATE DRAINAGE EASEMENT STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the James M. Daniel Survey, Abstract No. 395, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land as described in deed to Falcon Oak Creek Owner, LLC, recorded in D221373679, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly described as follows: COMMENCING at a 5/8" rebar capped SAM LLC found (next to a bent 1/2" rebar found) in the east line of East Loop 820 South (variable width R.O.W., adjoining R.O.W. per D221 189681, OPRTCT &Volume 3473, Page 606, Deed Records,Tarrant County,Texas) at the southwest corner of said Falcon Oak Creek Owner tract (hereafter referred to as Falcon tract), said point lying in the north line of Lot 1, Block 1,Techline Addition, an addition to the City of Fort Worth,Tarrant County,Texas as recorded in Cabinet A,Slide 3478, Plat Records,Tarrant County,Texas,from which a 5/8" rebar found at the northwest corner of said Lot 1, Block 1,Techline Addition bears South 89 degrees 13 minutes 12 seconds West,1 1.85 feet (TXDOT 11.99 feet); THENCE North 89 degrees 13 minutes 12 seconds East,departing the east line of said East Loop 820 South, along the south line of said Falcon tract and the north line of said Lot 1, Block 1,Techline Addition, a distance of 956.58 feet (TXDOT 956.50 feet) to a 1"rebar found at the northeast corner of said Lot 1, Block 1,Techline Addition and the northwest corner of a tract of land as described in deed to ARC Communities 3 LLC, recorded in D202153429, O P RTCT; THENCE North 88 degrees 55 minutes 33 seconds East,along the south line of said Falcon tract and the north line of said ARC Communities 3 tract, a distance of 312.88 feet to a point,from which a 1/2" rebar found at the southeast corner of said Falcon tract bears North 88 degrees 55 minutes 33 seconds East, 410.95 feet, THENCE North 01 degrees 04 minutes 27 seconds West, departing the north line of said ARC Communities 3 tract, across said Falcon tract,a distance of 124.69 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE across said Falcon tract, as follows: North 01 degree 39 minutes 53 seconds West, a distance of 92.08 feet; North 82 degrees 37 minutes 36 seconds East, a distance of 79.95 feet; NORTH, a distance of 47.26 feet,- North 28 degrees 36 minutes 45 seconds East, a distance of 31.02 feet,- North 80 degrees 58 minutes 30 seconds East, a distance of 119.47 feet; a 0 South 01 degree 37 minutes 40 seconds East, a distance of 157.76 feet; South 39 degrees 24 minutes 32 seconds West, a distance of 37.47 feet; m South 87 degrees 19 minutes 22 seconds West, a distance of 190.36 feet to the POINT OF BEGINNING and containing 31,092 square feet or 0.714 acre of land. w Q NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), a c� North American Datum of 1983 as derived from GPS observation. , U i 0 �P�EOF T •'\srE Fx'9 4 ���� Job No.: 10935 Scale: NONE Sheet `'.�G RFa o a � ���� ° Drafted: T.J.M. Checked: J.S.B. 1 JoEL s.BARYON u 3 4914 a CIVIL ENGINEERS—PLANNERS—SURVEYORS of !9�FESS�O? N� 2405 Mustang Drive,Grapevine,Texas 76051 SURV� Date Prepared: 6/28/2022 0 (817)329-4373 TxEng Firm#F-2944-TxSury Firm#10021700 6/28/2022 w EXHIBIT"A" / LOT 7 BLOCK 7 CAVCO ADDITION 1 VOL. 388-771, PG. 70 P.R.T.C.T. �r 0 100 SCALE IN FEET _/ Q�• ' N00 co 0 QeQl Q� 1 � FALCON OAK CREEK OWNER, LLC I D221373679 O.P.R.T.C.T. STATE OF TEXAS 1 PARCEL 420 1 D227789687 O.P.R.T.C.T. RR� 5/8"R.F. N 89'13'12"E 956.58' _ P.O.C. 1 R.F. a w I 5/8"R.C.F."SAM LLC" I (NEXT TO ABENT 1/2"R.F.) LOT 1, BLOCK 1 sra rE of rExas TECHLINE ADDITION PROPOSED R.0.W. CAB. A, SL. 3478 PARCEL 419 P.R.T.C.T. NOTICE OF LIS PENDENS D22 7 09668 1, O.P.R.TC.T i I a J J LL 0 V . U U i 0 �P�EOF T •'\srEFx'9 4 ��� Job No.: 10935 Scale: 1"=100' Sheet `':�G RFa o a � ���� ° Drafted: T.J.M. Checked: J.S.B. 2 NOELS.BARTON 2 -o 4914 a CIVIL ENGINEERS-PLANNERS-SURVEYORS of !9�FESS\01 - 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/28/2022 N�SURV S rn 0 (817)329-4373 TxEng Firm#F-2944—Txsury Firm#10021700 6/28/2022 w EXHIBIT"A" I I LOT 1 BLOCK 1 CAVCO ADDITION 0 100 VOL. 388-771, PG. 10 P.R.T.C.T. SCALE IN FEET 0' N 28036'45" E G� 31.02' 119.471 E NORTH N 80°58,30„ �55lie 47.26' W N 82037'36" E 79.95' FALCON OAK CREEK r— OWNER, LLC PRIVATE DRAINAGE c D227373679 EASEMENT O.P.R.T.C.T. 31,092 SQ. FT. 0.714 AC. N 01 039'53" W 92.08' S 87°19'22" W 190.36' S 39°24'32" W 37.47' LJ N o� r CD > v� N 88'55'33"E 410.95' N 88055'33" E 312.88' — — — — — — — �6 1/2"R.F. ARC COMMUNITIES 3 LLC ��, D202753429 O.P.R.T.C.T. I o c� o U i 0 �P�EOF T ••\s r E Fx'9 4 GOODWIN Job No.: 10935 Scale: 1"=100' Sheet :� a � ���� ° Drafted: T.J.M. Checked: J.S.B. 3 OOEL S.BARTON 2 -o 4914 a CIVIL ENGINEERS-PLANNERS-SURVEYORS of !9�"Es S\0? 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/28/2022 N�SURV S rn 0 (817)329-4373 TxEng Firm#F-2944-TxSury Firm#10021700 6/28/2022 w EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS n°0 SVX31`HIHOM 1H03 s tea,a M mzy a31N30 Nouna1a1S1d 1 � s � ono m s IMIM013MCI vl is5 l J p U a�„ 1b7�113wwo�NO�ivJ �133E1� NVO �JTAAGCIO c) _ m W W a .y gg II I V I I llf A rq oes - �J�6 7� �-Krl z i , i — I m 1 _ j 0_5�= O O E Nix m a 0° 0° = a�3 "s.ax$sa 0° E� Pak"°>�. n s `a s$ � sms Ya w R s as 5 s = raasaaasasmass �U :a � S SVX31'H1HOMIHOd iN3wdoi3nea EGIN33 Nounewisia =a aaaa v j� w °ivi�a3wwo�No�ivJ = pI� � � d a 3 Wa y a coo m o — --- --- — --- --- ooels=nwd11a aT of aax3a 1ev annn3s W ` 0 09'd[5 AN— OO �Js —n lltlMaV3x aN3 " --p 0 0 3dOlT.OTIJxaIT OJ - --- --- --- --- --- --- --- --- _ _ O U 0 ---- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- �t fr O� co CO h h �O %O h LO N N Ln LO h 8 e SVX31`H1HOM 1H0=1 a31N33 Nounewisia _ 1N3WdOl3n34 V77-71 1V — ivi:)a3wwo:)No:)ivJ N33HO NVO KIIA GOO `�„ =a aaaa — J �J = W W 2 o ��,56� �f r/ —�� ��� r rT \ t '' r r 5g3 JN s� tlo z a m o v ' I - u W O - Z 0 Z ION� � O VN c 'o Lr) LU IL :v All I Z� �3MN Sb1N °o _ � v 35 �S s M zbs __ �• r � o� — i ea [ ooee � - -77 i �� �y, IaM Ives a Z>=z5� ` h W .Se�11 pip] �0 r g hU 1 G �Pyao li ces- I 1-. f / 1 111/ 6 c J LL 1 Icy'' 8 I 111 �I I �kg�y8888 1 _ q 888 $$ $ 8 I ie. vu, zr I 4uel"J_ 4.�]J.'1r) TaaupD uoptiqj.Tis!C jxuD loo o co ONonSNOO 00—MWA © - l u i�aa��yuL �_ OR �p NIOA NOSNHOC,02 co SINTMN3fAOWNI WVDSCNV'f LL 7� 7� LU c c c c c O GIO O�* H E El ANTITT)PHWO 0 � 0 ................... .. .......... ............. .... ................ . c ......... .. ..... ... ..... .... ........ ........ ..... 7 c I C 7 e SVX31`H1HOM IHOd o m a31N33 Nounewisia 1N3WdOl3n34 V77-71 1V — ivi:)a3wwo:)No:)ivJ N33HO NVO KIIA GOO `�„ =a aaaa — J �J = W t 2 Ul "61 S l 3 z � a m I -o sa \L� '_ 'l_ �� ' f s �°_ I ����� �o2` - � v ' I - 9B= o Z Z o ION I co O mph N Lu O M CL :v o w d doss—. i r 0 �3Sb1N s M xgze1H1�osos� y,J zbs __ �• r � ^��o�>-- o� — 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 10 Rev.11/19/2020 JLE Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration system STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11/19/2020 JLE Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 12 Rev.11/19/2020 JLE 3E Q '2, -� V� 7• y--I y� a) L > Q L U L Z a) Q Z ca 0 O to cn cn cn cn cn cn cn cn cn cn cn cn cn cn CD +�+ 0 Z Q E E E E E E E E E E E E E E E HLU O O O O O O O O O O O O O O O w U U U U U U U U U U U U U U U LV L O O O O O O O O O O O O O O O J z z z z z z z z z z z z z z z cn O `L I.L o U Q � °' �' E Q Cl) - 70 Li Q Y I I U c -0 u) 70 N L U 70 a) c a) U —>' U LU � L (1) • 2 O — ° _ 'L L Fu U _ O Z cn Z) Cam' O - a�i cu L > ,— L O >+ p p) ca O>0 L -0 +� ° O ' a) W O O a) O 0) O U) U � a) •L � t) (U wU+ O to (B Cam• cu cu "� Q a) Cl) C Q cn >1 p cn L a) �n L M 1 cn L � � U ,~ E �. � � Q cn U (B � ° tq a) u) — C.. � cn O O O . ca M L 70 M a) C1 u) a) L v N c a) OO E � cn U cu a) -0 U tii m Z) a) Ca) O a) a p ° � 4+ U O o Lo �. LQ a) E a iL> UUa) a)cu a) Ui Ot) N S vi N 0 c ° CU � ° ° Ir a cU c) cU = � wo L0 Na) cU U >, CU cucn ° N CU � OU cN cu cu wZ N s= a) -00 0)s= a) a) � a) 0- 0- ° o a) ° w F-� Z O ° a) U U a) a) -r- L cn O O p N N N N N N Q N moo U � oaa � a � aa � a s= C) L m m 00 00 C-i cli 'IT LO Co LO (0 o 6 cnN co IT LO a