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
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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
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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
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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
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ATTEST: 00o
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�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
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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
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5/8"IRFA N89"36'10"E 2575.76' A -A
5/8"IRF
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0 N o� C.C.# 2020-132253
R.P.R.D.C.T.
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POINT OF 0.829 ACRES
BEGINNING 36,127 S.F.
N89'32'16"E 722.54'
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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
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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
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