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HomeMy WebLinkAboutContract 58496 DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E Date Received: 11/18/22 Permit No.: SWFMA22-0053 Time Received: 8:40 a.m. City Secretary No.: 58496 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of November 21 November2l' 2022 by and between GBTM Sendera, LLC, a Delaware limited liability company, acting by and through Bobby Samuel, hereinafter referred to as "Landowner", the Madero Residential Community, Inc., 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 of a tract of land situated in the Matthew Ashton Survey, Abstract No. 1, Fort Worth, Denton County, Texas and being a portion of a tract of land described to GBTM Sendera, LLC by deed recorded in County Clerk file No. 2020-132253, Real Property 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 Madero Phase 2, 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 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 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 DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E 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, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E the inspection is to assure safe and proper functioning of the Facility. The 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81F07A3450E 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 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 100-year frequency flood. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E 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 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 GBTM Sendera, LLC as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by GBTM Sendera, LLC to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of GBTM Sendera, 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 5Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E Executed this 21st day of November 20 22 CITY: LANDOWNER: Dana RaL,/LdOAC GBTM Sendera, LLC Dana Burghdoff ov17,202214:48CST) a Delaware limited liability company Dana Burghdoff, Assistant City Manager City of Fort Worth By: GRBK Edgewood LLC a y Texas limited liability company its Development Manager DocuS Date: Nov 17,2022 igned by: F6E6b S�ML Bobby amUCI, 435... Authorized Signer Approved as to Form and Legality: Date: 11/8/2022 l 2:34 PM CST ASSOCIATION: Thomas Royce Hansen, Madero Residential Community, Inc. Assistant City Attorney II a Texas Non-profit Corporation City Attorney's Office DocuSigned by: Date: Nov 16,2022 —F Jed Do son8szl c4se4m... President Date: 11/8/2022 l 4:01 PM CST p F F�Rtkdd 00 ATTEST: 00o sip Pp °° *� r dQatc dEXASoAp �7Gt�1�12tt2 cJ. C700�G1LG Contract Compliance Manager: JannetteS.Goodall(Nov 18,202208:39CST) By signing I acknowledge that I am the Jannette Goodall, person responsible City Secretary for the monitoring and administration of City of Fort Worth this contract, including Date: Nov 18, 2022 ensuring all performance and reporting requirements. Matt 7-dhf Ott L&I G,�rr,4 Matt Tilly on beha f of(Nov 16,2022 12:10 Janie S. Morales, Planning Manager OFFICIAL RECORD Development Services CITY SECRETARY FT.WORTH,TX Date: Nov 16,2022 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E City: STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on November 17, 2022 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Biehson Bichson Nguyen Nguyen Date:2022.11.17 17:20:46 1�9 BICH SON THI NGUYEN -06'00' Notary Public STATE OF TEXAS Notary Public State of Texas Notary I.D. 133389224 'My Comm.Exp.Oct. 13,2025 Landowner: STATE OF le § COUNTY OF �l Y1 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared ��b�( fja�1Pl (name), �' (' (title), known to me to be the person whose name is subscribe 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&ftE LLeve kkaraer of &trm Srnder (entity), aoL t be aia i,d liq Ct7MPqnj (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of 201�, . OLC =* go"* YKRISTYCHANDLER 129770238 Nota y Pu is Sta e of ion Expires 20Z6 STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E HOA: STATE OF Tfr�,S § COUNTY OF § This instrument was acknowledged before me on by, authorized representative, acting on behalf of the KRISTY LYN CHANDLER : Notary ID#129770238 My Commission Expires ov April 1, 2026 4otaryubl' to of STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.03/01/2022 BN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E EXHIBIT"A" 0.829 ACRE STORM WATER FACILITY MAINTENANCE AGREEMENT BEING 0.829 ACRES OF LAND SITUATED IN THE MATTHEW ASHTON SURVEY,ABSTRACT NO. 1, CITY OF FORT WORTH, DENTON COUNTY,TEXAS,AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO GBTM SENDERA, LLC BY DEED RECORDED IN COUNTY CLERK FILE No. 2020-132253, REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT WITHIN SAID GBTIVI SENDERA TRACT, FROM WHICH A 5/8-INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAME TRACT AND THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED TO SENDERA RANCHO LLC BY DEED RECORDED IN COUNTY CLERK'S FILE No. 2021- 194443 OF SAID REAL PROPERTY RECORDS BEARS NORTH 57°43'07"WEST,A DISTANCE OF 1319.53 FEET; THENCE OVER AND ACROSS SAID GBTM SENDERA TRACT,THE FOLLOWING COURSES AND DISTANCES: NORTH 89°32'16" EAST, A DISTANCE OF 722.54 FEET; SOUTH 00°27'44" EAST, A DISTANCE OF 50.00 FEET; SOUTH 89°32'16" WEST, A DISTANCE OF 722.54 FEET; NORTH 00°27'44" WEST,A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 0.829 ACRES (36,127 SQ. FEET) OF LAND. Aaron C�-Bro rf,-R.P.L.S. May 5, 2022 Registered Professional Land Surveyor Texas Registration No. 6702 �E.••�F••.TF LJA Surveying, Inc. ?•�G�SzfRE•,+ 3017 West 71' Street, Suite 300 ............................. • .• • ••Fort Worth, Texas 76107 AARONC� BROWN 682-747-0800 ••�`"•`•••••..•••..•.••'.•. 6702 —r TBPELS Firm No. 10194382 •'�°Fe s sN s u•R14 Page 1 of 2 DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E 5 wa o� JN �O��O 0ZO 00 =g=off W I U Q�N 0_ fnNd P JZwz ~O UD: 00 S� (REMAINDER OF) m ci SENDERA RANCHO LLC WS MINERAL HOLDINGS, LLC 06 C.C.# 2021-194443 C.C.# 2007-143782 R.P.R.D.C.T. R.P.R.D.C.T. 5/8"CIRF "LJA SURVEYING" 5/8"IRFA N89"36'10"E 2575.76' A -A 5/8"IRF Z GBTM SENDERA, LLC 0 N o� C.C.# 2020-132253 R.P.R.D.C.T. zo3 a 04 U LO U U V. POINT OF 0.829 ACRES BEGINNING 36,127 S.F. N89'32'16"E 722.54' J S89'32'16"W 722.54' LINE BEARING DISTANCE L1 SOO'27'44"E 50.00' L2 NOO`27'44"W 50.00' a LEGEND N C.C.# COUNTY CLERK'S FILE NO. s IRF IRON ROD FOUND R.P.R.D.C.T. REAL PROPERTY RECORDS, E DENTON COUNTY, TEXAS w D.R.W.C.T. DEED RECORDS, WISE COUNTY, TEXAS 200 0 200 HORIZONTAL DATUM: THE BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83 " (NAD83 (2011) EPOCH 2O10), AS DETERMINED BY GPS OBSERVATIONS. ALL DISTANCES SHOWN HEREON ARE 1 INCH = 200FT. o THE RESULT OF THE APPLICATION OF A SURFACE ADJUSTMENT FACTOR OF 1.00015063 FROM THE ORIGIN (0,0). DATE: 05/05/2022 EXHIBIT "All ��� LOPAGE 2 DRWN BY: S.A.T. 0.829 ACRE STORM WATER FACILITY LJA Surveying, InC.3017 West 7lh Street Phone 682.747.0800 CHKD BY: A.C.B. MAINTENANCE AGREEMENT 2 SITUATED IN THE Suile 300 PROD NO. 0112 MATTHEW ASHTON SURVEY,ABSTRACT NO.1 FO l Wo th,Texas 76107 T.B.P.E.L.S.Firm No.10194382 CITY OF FORT WORTH,DENTON COUNTY,TEXAS DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E EXHIBIT "B" MADERO PHASE 2 CONSTRUCTION PLAN SHEETS: • DRAINAGE AREA MAP • STORM DRAIN PLAN & PROFILES • SWALE PLAN & PROFILES • GRADING PLANS • EROSION CONTROL PLAN DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E 82 67. I I P I ' rc� Ei—-1 a f• 1,�1(1 C'i l.� z J \�� I f ei..�\1 A F LL - li i' ll r 1 � /' ocsrnr 000a wn rl d� I ' a taE` I 1 :I, "T j \ � I •,li I I F�' I •� o „ � I I�' �`_�_� F♦.g .��� I- E I' I I��-� / a+ =� �I .r I� API (�11 ,•� i � Est' A. - � 4�* >� ,S §zF ��§, � o $Rz fir. R � 0i y b"` 76 Tn F - 's, .'7' N to. .+� - _•' ^ O D !�/1 a n "� �cn W m Y a � 8 MADERO - PHASE 2 - JOB N0. 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DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E Yo F. mm ca pA a> -o> _ r z o o B V InIm 8 Z _ I011 IhtfiC?^A c.c�p,R w_T za,�-_ems � � i -_uriEea••e1r.H soul nQ � / ' a /� •`•• r• \ t = 1 A,-�-���\•1Y.1 r � ' f� r � Eesso wvlcH cR11e� • � i , j ��` � •-�- '_� �� � � � � 1 " �/ � �It; _ - t 1. �� , �l�� \ • a ,1 o!, r yR I•J I _ r' gys4n EWT _ S � b � n ;;a• E _ s * c r ^4^ oc • e R < a N Tzp A - 51 � v � NR� i • ; MADERO - PHASE 2 - JOB NO. NT340-0112 DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E 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 Rev.11/17/2016 DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81F07A3450E 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 DocuSign Envelope ID:A2C9C2BE-F267-467A-A921-C81 F07A3450E Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016