HomeMy WebLinkAboutContract 59036DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
Date Received: 3/14/2023
Time Received: 1:08 P.M.
Permit No.: SWFMA-22-002$
City Secretary No.: 59036
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS STORMWATER FACILITY MAINTENANCE AGREEMENT (the "Agreement")
is made and entered into this 14th day of March 2023, by and among Lennar Homes
of Texas Land and Construction, Ltd., a Texas limited partnership, acting by and through
Jennifer Eller, its duly authorized representative, hereinafter referred to as "Landowner", GBTM
Sendera, LLC, a Delaware limited liability company, acting by and through GRBK Edgewood
LLC, a Texas limited liability company, its duly authorized representative, hereinafter referred to
as "Developer", and the City of Fort Worth, hereinafter referred to as "City".
W ITNESSETH
WHEREAS, the Landowner is the owner of certain real property situated in Denton, Texas
and being situated in the Matthew Ashton Survey, Abstract Number 1, City of Fort Worth, Denton
County, Texas and said tract being described by deed to Lennar Homes of Texas and Construction,
Ltd., according to Instrument Number 2020-204878 recorded in Deeds Records, Denton County,
Texas, hereinafter called the "Property"; and
WHEREAS, the Developer is developing the Developer's property (that is adjacent to the
Property) in accordance with the Site Plan/Subdivision Plan known as Madero Phase L
incorporated herein (as approved by the City, the "Plan"), that provides for management of
stormwater within the confines of the Property; and
WHEREAS, the City, the Landowner and its successors and assigns, agree that the health,
safety and welfare of the residents of the City of Fort Worth, Texas require that temporary on -site
stormwater management facilities (the "Facility") be constructed and maintained on a portion of
the Property in accordance with the Plan; and
WHEREAS, the City requires that the Facility as shown on the Plan be constructed by
Developer at the location and in the dimensions shown and more particularly described by metes
and bounds in the attached Exhibit "A" ("Facility Property"), a portion of which will be owned
and maintained by Landowner, its successors and assigns; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
WHEREAS, the Landowner agrees to maintain its portion of the Facility Property that is
located on Landowner's property until such time as permanent stormwater management facilities
are installed to serve the Property to the specifications required by the City, at which time, the
Landowner shall submit an application to the City to amend or terminate this Agreement and if
all required specifications have been met, to be determined by the City, in its sole discretion, the
Agreement will be terminated.
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:
l . The Developer shall, at no expense to the City or Landowner, construct the Facility, in
accordance with the design specifications for the Facility attached hereto as Exhibit
"B". Upon completion, Landowner and/or its successors and assigns, shall maintain
the portions of the Facility on its property ("Landowner's Responsible Portion") at no
expense to the City in accordance with the current standards then in force and effect in
the City and the Operations and Maintenance Plan attached to this Agreement as
Exhibit "C". The Facility includes swales and channels built to convey stormwater to
the Facility, as well as vegetation provided to control the quantity and quality of the
stormwater. Adequate maintenance is herein defined as good working condition so that
the Facility performs its 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. Landowner and/or its successors and assigns, shall inspect the Landowner's
Responsible Portion of 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 Landowner's Responsible Portion of the Facility, as
depicted on Exhibits "A" and "B" attached hereto. Components of the Facility within
the Landowner's Responsible Portion that need maintenance to perform their design
function, shall be noted in the inspection report along with the corrective actions to be
taken, if any.
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
3. The Landowner and its successors and assigns, hereby grants 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 and its successors and assigns, copies of the inspection
findings and a directive to commence with repairs if necessary.
4. In the event the Landowner and/or its successors and assigns, fails to maintain the
Landowner's Responsible Portion of the Facility, and due to that failure, the Facility is
not 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 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.
5. The Landowner and its successors and assigns, will perform the work necessary to keep
the Landowner's Responsible Portion of 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, Landowner and 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 fails 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, ITS SUCCESSORS OR ASSIGNS AGREE TO HOLD THE
CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. THE LANDOWNER, ITS SUCCESSORS
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
OR ASSIGNS COVENANT AND AGREE AND DO HEREBY INDEMNIFY
HOLD HARMLESS AND DEFEND THE CITY, 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, ITS SUCCESSORS OR ASSIGNS TO MAINTAIN THE
FACILITY UNTIL THIS AGREEMENT IS TERMINATED BY THE CITY.
7. Landowner hereby covenants and agrees that no habitable building shall be erected
within the boundaries of the Property in which the Facility is located as outlined on
Exhibit "A" but this paragraph shall not preclude construction of other improvements
within the boundaries of the Property in which the Facility is located, which do not
impede drainage.
8. This Agreement shall be recorded among the land records of Denton County, Texas,
and 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, until an application is made by the Landowner to terminate this Agreement
upon completion of permanent stormwater management facilities constructed to the
City's specifications.
9. Upon completion of permanent stormwater management facilities serving the Property
Landowner shall submit an application to terminate this Agreement and pay application
fees in effect at the time of submission. If the permanent stormwater management
facilities are complete, as determined by the City in the City's sole discretion, the City
agrees to terminate this Agreement.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
Executed this 14th
CITY:
day of M a rc h
--:;F- (on behalf of)
Dana Burghdoff,
Assistant City Manager
City of Fort Worth
Date: Mar 10, 2023
Approved as to Form and Legality:
iis�xer�clG.cam. �
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: Mar 10, 2023
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Jannette Goodall,
City Secretary
City of Fort Worth
Date: Mar 14, 2023
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
20 23
LANDOWNER:
Lennar Homes of Texas Land &
Construction, Ltd.
a Texas Limited Partnership
By: U.S. Home LLC,
a Delaware limited company (as successor -
in -interest by conversion from U.S. Home
Corporation, a Delaware corporation), its
General P Itn
By:
Jennife Eller, Au fy
rized Agent
Date: 361 2-s
T�-
DEVELOPER:
GBTM Sendera, LLC,
a Delaware limited liability company
By: GRBK Edgewood LLC,
a Texas limited liability company
its Devel7utUmWr
B : �� �AWI
Y
Bo bb , f orized Signer
Date: 3/7/2023 1 2:56 PM CST
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible
for the monitoring and administration of this
contract, including
ensuring all performance and reporting
requirements.
Spurr,
Rebecca Diane Owen (Mar 10 202310:50 CST)
Rebecca Owen, Planning Manager
Development Services
Date: Mar 10, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
CITY:
STATE OF TEXAS
COUNTY OF TARRANT
Roger Venables, Director of Aviation
This instrument was acknowledged before me on March 10, 2023 byDana—
Burghdoff-, Assistant City Manage of the City of Fort Worth, on behalf of the City of Fort
Worth.
1�9
BROOKE BONNELL
Notary Public
STATE OF TEXAS
Notary I.D. 134009525
My Comm. Exp. Oct. 11, 2026
LANDOWNER:
STATE OF `�Z�clnC
COUNTY OF
Digitally signed by Brooke
Brooke Bonnell Bonnell
Date: 2023.03.10 12:15:30-06'00'
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
-R 2WaS , on this day personally appeared:Qlnln iv ,( • Ok I
(name), � A-KA P(,dh', A (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 L imad AA)we, (entity),
YZ-,,.S li�QA iA [A Ya1(l(,(S T (entity type) and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this -� day
`.P MADISON TAYLOR BEENE
�� t►i i
Notary Public. State of Texas
Comm. Expires 06-15-2025
,,,°; Notary ID 131173665
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
Notary Public, State of
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
DEVELOPER:
STATE OF
COUNTY OF 0 01 � �0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bobby Samuel, Authorized Signer, 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 GRBK Edgewood LLC, a Texas limited liability company, the
Development Manager of GBTM SENDERA, LLC, a Delaware limited liability company,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of �0�.
0.Y PG KRISTY LYN CHANDLER
Notary ID ti129770238 Notar ic, S ate of
My Commission Expires
April 1, 2026
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/0112022 BN
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
EXHIBIT "A"
STORM WATER FACILITIES MAINTENANCE AGREEMENT
BEING 0.855 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
LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD BY DEED RECORDED IN COUNTY CLERK FILE
No. 2020-204878, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LENNAR HOMES TRACT, FROM WHICH A 5/8-INCH
CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND FOR THE SOUTHWEST CORNER OF SAME TRACT
BEARS SOUTH 00°23'SO" EAST, A DISTANCE OF SS.00 FEET;
THENCE NORTH 00°23'50" WEST, WITH SAID WEST LINE, A DISTANCE OF 50.20 FEET, FROM WHICH A
5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND BEARS NORTH 00'23'50" WEST, A
DISTANCE OF 309.80 FEET;
THENCE OVER AND ACROSS SAID LENNAR HOMES TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89'34'22" EAST, A DISTANCE OF 595.66 FEET;
NORTH 44°36'10" EAST, A DISTANCE OF 57.31 FEET;
NORTH 89°40'07" EAST, A DISTANCE OF 48.81 FEET TO THE WEST LINE OF A TRACT OF LAND
DESCRIBED TO LNR AIV LLC BY DEED RECORDED IN COUNTY CLERK FILE No. 2022-161445 OF
SAID REAL PROPERTY RECORDS;
THENCE SOUTH 00*23-50" EAST, WITH SAID WEST LINE, A DISTANCE OF 80.99 FEET TO A 5/8-INCH
CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND;
THENCE SOUTH 44°36'10" WEST, CONTINUING WITH SAID WEST LINE, A DISTANCE OF 14.14 FEET TO A
5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND FOR THE SOUTHWEST CORNER OF
SAID LNR AIV LLC TRACT;
THENCE SOUTH 89°36'11" WEST, OVER AND ACROSS SAID LENNAR HOMES TRACT, A DISTANCE OF
675.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 0.855 ACRES
(37,257 SQ. FEET) OF LAND.
l
(Revised December 1, 20
Aaron'-Bcew-n-, R.P.L.S.
Registered Professional Land Surveyor
Texas Registration No. 6702
E.••.. F ••.TF
°� RFo'•�,r�,
LJA Surveying, Inc.
e;�
3017 West 71' Street, Suite 300
, •• , ................. ,
Fort Worth, Texas 76107
aARONCBROWN
682-747-0800
..%.........................
:4 6702
TBPELS Firm No. 10194382
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Page 1 of 2
February 15, 2022
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
(REMAINDER OF)
WS MINERAL HOLDINGS, LLC
C.C.# 2007-143782
R.P.R.D.C.T.
CIRF
0
cq
an
0
M
POINT OF L1
BEGINNING
0D
J
CIRF
LINE
BEARING
DISTANCE
L1
N00'23'50"W
50.20'
L2
N89'34'22"E
595.66'
L3
N44'36'10"E
57.31'
L4
N89'40'07"E
48.81'
L5
SOO'23'50"E
80.99,
L6
S44°36'10"W
14.14'
L7
S89-36'11"W
675.00'
L8
S00'23'50"E
55.00
(REMAINDER OF)
LENNAR HOMES OF
TEXAS LAND AND
CONSTRUCTION, LTD.
C.C.# 2020-204878
R.P.R.D.C.T.
0.855 ACRES
37,257 S.F.
L2 /-
GBTM SENDERA, LLC
C.C.#2020-132253
R.P.R.D.C.T.
CIRF
LNR AIV LLC
C.C.#2022-161445
R.P.R.D.C.T.
LEGEND
C.C.# COUNTY CLERK'S FILE NO.
CIRF 5/8 INCH IRON ROD FOUND WITH CAP
STAMPED "LJA SURVEYING"
R.P.R.D.C.T. REAL PROPERTY RECORDS,
0
DENTON COUNTY, TEXAS 200 0 200
n
HORIZONTAL DATUM: 1 INCH = 200 FT.
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 S THE RESULT OF THE APPLICATION OF A SURFACE ADJUSTMENT FACTOR OF 1.00015063 FROM THE ORIGIN (0,0). (REVISED 12 /O1 /2022 )
DATE: 02/15/2022 EXHIBIT "A"�
n PAGE 2 DRWN BY: S.A.T. STORM WATER FACILITIES MAINTENANCE AGREEMENT LJA Surveying, Inc.
SITUATED IN THE 3017 Wesl7th Street Phone 682.747.0800
x CHKD BY: A.C.B. MATTHEW ASHTON SURVEY, ABSTRACT NO. 1 Suite 300
i OF
2 PROJ NO. 0112 CITY OF FORT WORTH, DENTON COUNTY, TEXAS Fort Worth, Texas 76107 T.B P.E.L.S. Firm No.10194382
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
EXHIBIT "B"
MADERO PHASE 1 CONSTRUCTION PLAN SHEETS:
• DRAINAGE AREA MAP
• STORM DRAIN PLAN & PROFILES
• SWALE PLAN & PROFILES
• GRADING PLANS
• EROSION CONTROL PLAN
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
'- •r- % MATCH LINE SEE SHEET 52
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Exhibit "C"
CITY OF FORT WORTH DRAINAGE CHANNEL 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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
Exhibit "D"
Drainage Channel Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Channel
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
ward
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm Water
Quality Structure
Structure type and
Condition
Condition of Rip -Rap
Condition of filtration
system
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10
Rev.11/19/2020 JLE