HomeMy WebLinkAboutContract 58485 Date Received: 11/18/22 Permit No.: SWFMA-22-0080
Time Received: 8:03 a.m. City Secretary No.: 58485
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of November
20 22 , by and between Avanta-IP Fort Worth Owner, LLC, acting by and through
Avanta-IP Holdings, LLC, its duly authorized Member, acting by and through Terence
Johnson, its duly authorized Senior Vice President 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 real property described as a
tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth,
Tarrant County, Texas according to Document No. D221325618 recorded in the 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 Chisholm Trail Ranch, 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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE 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 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 18th day of November 2022
CITY OF FORT WORTH LANDOWNER
Avanta-IP Fort Worth Owner, LLC
a Delaware Limited Liability Company
Dana Burghdoff(It6v 17,20 14:50 CST) By: Avanta-IP Holdings,LLC
Dana Burghdoff a Delaware Limited Liability Company
Assistant City Manager Its: Member
City of Fort Worth
Date: Nov 17,2022
By: Ter e Johnson
Title: Senior Vice President
Approved as to Form and Legality:
Date:
Thomas Royce Hansen,
Assistant City Attorney II Contract Compliance Manager:
City Attorney's Office
By signing,I acknowledge that I any the
Date; Nov 16,2022 person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
ATTEST: FORr° aa reporting requirements.
po°°°°
Pao 10
o AWL TCG0aVLLIJZ ,'
_ ddQnn ...... Matt Ti Il�of(Nov 16,2022 12:5 CS
4afifietteS.Goodall(Nov 18,202200• CST)
Jannette S. Goodall Janie Scarlett Morales
City Secretary Development Manager
Date: Nov 18,2022 Date: Nov 16,2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/01/2022 BN
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on / OV. 1-1 a0aa by
Dana Burghdoff,Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
BROOKE BONNELL
' �
:s Notary Public,State of Texas E 111171,a
'� `* Comm.Expires 10-11-2028 Notary Public, State of Texas
Notary ID 134009625
LANDOWNER
STATE OF TEXAS §
COUNTY OF MONTGOMERY §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of
on this day personally appeareJ-j";G f --7o kgSisn
(name), s-en.c r k cC {Frt5:J cwd- (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 A vq�t4 �.,its t dto4-P� �- Ul 0 W(entity), a
�-C- (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of41O ye-'1 ,2011- .
L
Notary ic, State o x"K��
NATHAN MARKGRAF
otary Public,State of Texas
Comm.Expires 04-25-2023
Nefar 18131988811
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.03/01/2022 BN
LEGAL DESCRIPTION
STORM WATER FACILITIES MAINTENANCE AGREEMENT
BEING a 1.0386 acre (45,242 square foot) tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of
Fort Worth, Tarrant County, Texas, said tract being part of that tract of land described in a Special Warranty Deed to
Avanta-IP Fort Worth Owner, LLC recorded in Instrument No. D221325618 of the Official Public Records, Tarrant
County, Texas ; said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "DUNAWAY&ASSOC"found in the west right-of-way line of
Chisolm Trail Parkway (a variable width right-of-way);
THENCE South 0°23'56" East, along the said west line of Chisolm Trail Parkway, a distance of 373.42 feet to
the POINT OF BEGINNING; said point also being the northeast corner of said Avanta-IP Fort Worth Owner,
LLC tract;
THENCE South 00°23'56" East, continuing along the said west line of Chisolm Trail Parkway, a distance of 80.97
feet to a 5/8-inch iron rod with cap stamped "DUNAWAY &ASSOC"found for corner;
THENCE South 03e22'48" West, continuing along the said west line of Chisolm Trail Parkway, a distance of 128.36
feet to a point for corner;
THENCE North 86e34'24" West, departing the said west line of Chisolm Trail Parkway, a distance of 128.17 feet to a
point for corner;
THENCE North 46012'43"West, a distance of 203.65 feet to a point for corner;
THENCE North 02°00'49" West, a distance of 50.58 feet to a point for corner in the north line of said Avanta-IP Fort
Worth Owner LLC tract;
THENCE North 87059'11" East, along the said north line of the Avanta-IP Fort Worth Owner LLC tract, a distance of
283.91 feet to the POINT OF BEGINNING and containing 45,242 square feet or 1.0386 acres of land, more or less.
EXHIBIT "A"
STORM WATER FACILITIES
MAINTENANCE AGREEMENT
OF JUAN JOSE ALBIRADO SURVEY,
-f/7/2z �P�EG ..TFy ABSTRACT No. 4
�o �9�,
MICHAEL C. BILLINGSLEY CITY OF FORT WORTH
.'•.... .•.....• ..`. TARRANT COUNTY, TEXAS
REGISTERED PROFESSIONAL ..........
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, "'l"'•""""""•""""'
UNIT 11 SUITE 1300 • 0 6558 Kim a >>> Horn
P
FORT WORTH TEXAS 76102 qN• .F E S S��..•yo
, 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
PH. 817-335-6511 S U R�E Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
S_le Drawn b Checked by Date Project No. Sheet No.
michael.billingsley@kimley-horn.com N/A SCR MCB 09/O6/2022 068200085 10F2
PADILLA,CAELAN 9r7/2022 10:06 AM K:\FTW SURVEY\068200085-CHISHOLM TRAIL RANCH\DWG\068200085-CHISHOLM TRAIL RANCH_SWFMA.DWG
LDJ PROPERTIES,LTD.,ET AL.
(INST.NO.D210260536) 5/8"IRF NORTH
(INST.NO. D211010800) "DUNAWAY&ASSOC"
0 50 100
P.O.C.
LINE TABLE GRAPHIC SCALE IN FEET
NO. BEARING LENGTH
L1 S00°23'56"E 80.97'
L2 S03°22'48"W 128.36'
L3 N86°34'24"W 128.17' PART OF
LEGACY,CTW LP �
L4 N46°12'43"W 203.65' Cl)(INST.NO.D221085315)
w
L5 NO2°00'49"W 50.58'
IN
L6 N87°59'11"E 283.91' IU) Q
� o
STORM WATER FACILITIES J
MAINTENANCE AGREEMENT o
1.0386 ACRES
45,242 SQ. FT. P.O.B. I Q
L6 - a
z
_ — — CA
to 2
U
AVANTA-IP FORT 5/8"IRF
WORTH OWNER,LLC "DUNAWAY&
(INST. NO.D221325618) ASSOC"
NOTES: L3 I
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, EXHIBIT "Btt
hereby certifies that this survey plat accurately sets out STORM WATER FACILITIES
the metes and bounds of the easement tract.
MAINTENANCE AGREEMENT
JUAN JOSE ALBIRADO SURVEY,
P'(E.�F..TF� ABSTRACT No. 4
�isrE �9 CITY OF FORT WORTH
MICHAEL C. BILLINGSLEY .*. �� •�
REGISTERED PROFESSIONAL ...:.......................:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ""••••••.•.655 •••.••••
UNIT 11 SUITE 1300 `.:0�0 558 C�Pv; Kimlev* Horn
FORT WORTH TEXAS 76102 9 •'••.F E S S��.•• O 801 Cherry Street,Unit 11.#1300 1 Tel.No.(817)335-6511
PH. 817-335-6511 �� S�U R Ey Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
scale Drawn by Checked by DateProject No. Sheet No.
michael.billingsley@kimley-horn.com ,,=100 SCR MCe 1 09/0612022 1 0682o0o65 1 2OF2
PADILLA.CAELAN 90/2022 10:06 AM K:\FTW SURVEY\068200085-CHISHOLM TRAIL RANCH\DWG\068200085-CHISHOLM TRAIL RANCH_SWFMA.DWG
Parcel Map Check Report
Client: Prepared by:
Caelan Padilla Preparer
Kimley-Horn and Associates,Inc. Your Company Name
801 Cherry Street,Unit 11 Suite 1300 123 Main Street
Date: 9/7/2022 10:04:29 AM
Description: STORM WATER FACILITIES MAINTENANCE AGREEMENT
North:6,908,216.9145' East:2,303,388.8981'
Course: SO°23'56"E Length: 80.97' North: 6,908,135.9465' East: 2,303,389.4618'
Course: S3°22'48"W Length: 128.36' North: 6,908,007.8098' East: 2,303,381.8940'
Course:N86°34'24"W Length: 128.17' North: 6,908,015.4706' East: 2,303,253.9531'
Course:N46°12'43"W Length: 203.65' North: 6,908,156.3949' East: 2,303,106.9373'
Course:N2°00'49"W Length: 50.58' North: 6,908,206.9437' East: 2,303,105.1600'
Course:N87°59'11"E Length: 283.91' North: 6,908,216.9194' East: 2,303,388.8947'
Perimeter: 875.64' Area: 45,241.65 Sq.Ft. (1.04 Acre)
Error Closure: 0.0059 Course:N34°34'28"W
Error North : 0.00489 East: -0.00337
Precision 1: 148,413.56
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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 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
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Exhibit"D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system o eration
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
and
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 9
Rev.03/01/2022 BN
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.03/01/2022 BN