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HomeMy WebLinkAboutContract 59659Date Received: 6/26/2023 Permit No.: SWFMA-22-0073 Time Received: 8:10 a.m. City Secretary No.: 59659 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 28th day of June 2023 , by and between Jefferson Ridglea Village, LLC, acting by and through Blake Taylor, 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 located in Joseph Turner Survey, Abstract No. 1500, City of Fort Worth, Tarrant County, Texas; said tract being part of Block 1 & 20, Chamberlain Arlington Addition, an addition to the City of Fort Worth according to the deed recorded as Document Number D221373438 of Deed 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 Ridglea Village Multifamily, 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 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 City will attempt to notify Landowner on -site before an inspection however if such notification is unsuccessful, the City will not be required to provide any additional notice and may proceed with its inspection or maintenance as needed. 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, and such failure continues for thirty (30) days after receipt by Landowner from the City detailing such failure, 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 actual 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, third party 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 03/01/2022 BN 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 COVENANTS AND AGREES 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 (COLLECTIVELY, THE "CLAIMS"), FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev 03/01/2022 BN 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. 9. Upon written request from Landowner, lender, or potential buyer of the Property, the City will execute and deliver an estoppel certificate, in a form agreed to by the parties, stating whether or not (i) Landowner is in compliance with this Agreement, (ii) either party in default under this Agreement, and (iii) this Agreement is in full force and effect, without modification (or if there have been modifications identifying the modifications). This provision will not survive the termination of this Agreement. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/01/2022 BN Executed this 28th day of June CITY OF FORT WORTH Dana Burghdoff (J 23, 2Oi2e34 CDT) Dana Burghdoff Assistant City Manager City of Fort Worth Date: Jun 23, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office 2023 LANDOWNER Jefferson Ridglea Village, LLC a Delaware Limited Liability Company By: Blake Taylor, Senior Vice President Date: 61 2 f 1222.1_ 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. Date: J u n 22, 2023 Rebecca Diane Owen (Jun 22, 202316:58 CDT) ��oo ov10 Rebecca Owen ATTEST: v�o -40, 0, o o x� Development Manager 0 o ood nEXA?ap4� (J Date: J u n 22, 2023 Jannette S. Goodall City Secretary Date: Jun 26, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on June 23, 2023 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. {n BROOKE BONNELL Notary Public STATE OF TEXAS Notary I.D. 134009525 Fay' MY Comm. Exp. Oct. 11, 2026 STATE OF _ �( cv; COUNTY OF � r,t � I oN C Digitally signed by Brooke Brooke Bonnell Bonnell Date: 2023.06.23 14:01:06-05'00' Notary Public, State of Texas 0 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of r8X r&S , on this day personally appeared Q I o K-e TA i m r (name), �r . U P (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 71046( j i ] [�ck,1i / (entity), a _ [. -'fy type) and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this '2 15+ day of „n P , 207. oliV11--- %'1r"0+st'.. CHRISTOPHER WAYNE HITCH ,,�1ar•,, Notary Public, State of 1 = Notary Public, State of Texas Comm. Expires 03-24-2025 4'W711 M � Notary ID 1329943117 STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev. 03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11 /17/2016 LEGAL DESCRIPTION STORMWATER FACILITIES MAINTENANCE AGREEMENT BEING a 0.6806 acres (29,645 square foot) tract of land situated in the Joseph Turner Survey, Abstract No. 1500, City of Fort Worth, Tarrant County, Texas; said tract being part of Block 1 & 20, Chamberlin Arlington Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 63, Page 71 of the Plat Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found at the northwest corner of Lot 14, Block 20 of said Chamberlin Arlington Addition; THENCE South 89°57'50" East, along the north line of said Block 20, a distance of 84.62 feet to a point; THENCE North 0°02'10" East, departing the said north line of Block 20, a distance of 7.93 feet to the POINT OF BEGINNING; THENCE North 00°00'00" East, a distance of 193.00 feet to a point for corner; LINE TABLE THENCE North 90°00'00" East, a distance of 137.50 feet to a point for corner; NO. BEARING LENGTH THENCE South 00°00'00" East, a distance of 193.00 feet to a point for corner; THENCE North 90°00'00" West, a distance of 24.61 feet to a point for corner; L1 Noo°00'00"E 193.00' THENCE South 00000'00" East, a distance of 44.79 feet to a point for corner; L2 N90°00'00"E 137.50' THENCE South 89059'38" East, a distance of 147.43 feet to a point for corner; L3 soo°00'00"E 193.00' THENCE South 00005'46" West, a distance of 15.00 feet to a point for corner; THENCE North 89059'39" West, a distance of 162.40 feet to a point for corner; La Nso°oo'oo'W 24.61' THENCE North 00°00'00" East, a distance of 59.78 feet to a point for corner; L5 soo°00'00"E 1 44.79' THENCE North 90°00'00" West, a distance of 97.89 feet to a point for L6 S89°59'38"E I 147.43' corner; to the POINT OF BEGINNING and containing 29,645 square feet or L7 soo-05-46- W I 15.00' 0.6806 acres of land, more or less. L8 N89°59-39"W I 162.40' L9 N00°00'00"E I 59.78' NOTES: 1-10 N90°00'00"W I 97.89' Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the subject tract. OF ThCO MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL :..........•........•.•• *• LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLE` EXHIBIT "A" STORMWATER FACILITIES MAINTENANCE AGREEMENT PART OF BLOCK 1 & 20 CHAMBERLIN ARLINGTON ADDITION JOSEPH TURNER SURVEY, ABSTRACT NO. 1500 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 801 CHERRY STREET, "' ` """"" 6558 UNIT 11 SUITE 1300 ,0 ' �: Kimlev*Horn FORT WORTH, TEXAS 76102 9y'. FF S S��•f. 4 801 Cherry street, Un1111, # 1309 Tel. No. (817) 335-6511 PH. 817-335-6511 S 'U' 6 4 Fort Worth, Texas 76102 FIRM # 10194040 www.klmley-hom.00m S-le I Driw,, by I hedted b I Dale Prole. No. Sheet No. michael.billingsley@kimley-horn.com N/A COP MCB w2612022 061310600 l 1OF2 BILLINGSLEY, MICHAEL 9/2.612022 3;10 PM 11KIMLEY•HORN%TX_FTNAFTW SURVEY10613106004PI MEEKER FORT WORTHIOWG10613106W-PI MEEKER FORT RTH DRAINAGE ESMT.DWG 1 1/2" IRF 16-FOOT WIDE ALLEY 1/2" IRF —/ f. r— 00 0) 0 N N N M M O O O O 0 CLOCK CH AMBER _IN J NRLINGTON AUDITION (VOL. 63, PC 71) P.O.B. 112"IRF NO°02'10'E F 7.93' S49*57'50"E 84.62' P.O. .J 0 0 0 v M 0 0 BLOCK 20 J J CHAM13ERLIN ARL INGTO14 ADD11 ION (\/OL. 6` PG. 71) 7 L2 N co CQ Cl) 1-- I— O 0 J J v M O STORMWATER J FACILITIES MAINTENANCE AGREEMENT 0.6806 ACRES 29,645 SQ. FT. I I JEFFERSON RIDGLEA VILLAGE, LLC (INST. NO. D221373438) MALVEY AVENUE (AN 80-FOOT WIDE RIGHT-OF-WAY) M O J J M M 00 M C) O O O 0 O HALLORAN STREET (A 60-FOOT WIDE RIGHT-OF-WAY) LEGEND P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND L10 '1V IPF = IRON PIPE FOUND 14 m J Cl) N 0 0 0 0 J ` LE J J J r` J L L8 TXi iDRAINAGE 00 r- c0 L v EASEMENT O O O O O IB SEPARATE (JyOTES J J J J IN TRUMENT) Bearing system Dased on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby EXHIBIT "B" certifies that this plat of survey accurately sets out the metes STORMWATER FACILITIES and bounds of the subject tract. 0 25 50 MAINTENANCE AGREEMENT PART OF BLOCK 1 & 20 GRAPHIC SCALE IN FEET CHAMBERLIN ARLINGTON ADDITION JOSEPH TURNER SURVEY, T •.. Thy ABSTRACT NO.1500 EL C. BILLINGSLEY CITY OF FORT WORTH MlCH ••• REGISTERED PROFESSIONAL .......................... *. TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, •"` ......•••"•••"•"•'•"•' UNIT 11 SUITE 1300 ,090 6558 �Pv: Kimlev*Horn FORT WORTH, TEXAS 76102 1130 FE 5 S1�.. 0 901 Cherry Street, Unit 11, 00 / Tat. No. (e17) 335-6511 PH. 817-335-6511 ti� S U' R d EA Fort worth. Taxes 76102 FIRM 0 10194040 mmklmloy-hom.com Sale Drawn by Checked by Date Proled No. Sheet No. michael.billin sle kimle-horn.com J_ g Y@ y 1"= 50' CDP MCB 9/26/2022 1 061310800 2 OF 2 BILLINGSLEY, MICHAEL 9126/2022 3:11 PM \\KIMLEY-HORN\TX_FTIMFTW SURVEY\061310600-JPI MEEkER FORT WO TH\DWG\06 310600-JPI MEEKER FORT WORTH —DRAINAGE ESMT.DWG EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS . JJ. JLJ• Illl�� ��� .� x-77 �� � D6eeoxe •ra ! � � �,� tlna a. , �- ♦ LEGEND . it `* Q 7:>• c ►-" „. Ile �C"ei •e. ...�. `�' -- 1 ilk Ai 1 eM Prif'�wtere���1..�--..r,s.�..>.... 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MANHO G—Po TAn - —� C*N=H* ao'DUNDERGROUNDDETENTIONSYSTEM,- 3RIOCLEA WLLAGE("I _ —DESIGNATION -- � .«ewta.w,nr r ��.r,�wr�.�•r �•,^ r.wL�e��•r""r •� 9..•,r. a••...,+n..m....,...,..,..,., — _. «�. ._•.ww•n.+..esr,w..rr �.�AA�F+_�.�..�� ry ._.a-�- OCimci' COMM 60tlUNDERGROUNDDETENTIONSYSTEM -- _ RIDGlEl1VnUGE (JPN _ FORT NORTH, TX SITEDESIGNATION -_ p C-701 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 Q Rev. 03/01/2022 BN Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT INSPECTION Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pond 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 REPAIRS REPAIRS DATE NOTES REQUIRED MADE STORMWATER FACILITY MAINTENANCE AGREEMENT 10 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 11 Rev. 03/01/2022 BN