HomeMy WebLinkAboutContract 61163Date Received: 3/21/2024 Permit No.: SWFMA-22-0076
Time Received: 4:33 p.m. City Secretary No.: 61163
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of March
20 24 , by and between Meritage Homes of Texas LLC, acting by and through Frank
Su, its duly authorized Development Director, and GRBK EDGEWOOD LLC, acting by
and through Brian Hunnicutt, its duly authorized signer, hereinafter referred to as
"Landowners", and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowners is the owner of certain real property described as an
approximately 115.576 acre tract located in the Juan Jose Albirado Survey, Abstract
No. 4, Tarrant County, Texas according to the deed recorded in County Clerks File No.
D221379998, Deed Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, the Landowners is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Chisholm Trail Ranch Section 3,
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 Landowners, 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
WHEREAS, the City requires that on -site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev. 03/01/2022 BN CITY SECRETARY 1
FT. WORTH, TX
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 Landowners, their 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 Landowners, their 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.
3. The Landowners, their 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
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 Landowners, their 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 Landowners'.
5. The Landowners, their 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 Landowners, 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 Landowners 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
Landowners. 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
LANDOWNERS AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNERS COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
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. Landowners covenant and agree 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. Landowners covenant and agree 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.
Executed this 21st day of March 2024
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
DocuSign Envelope ID: 8E5EBA29-BE90.428B-A49F-21E1A78C8DDA
CITY OF FORT WORTH
Oand BurgHdoff
Dana Surghdoff (Afa r2 ,202414:53 CDT)
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: Mar 21, 2024
Approved as to Form and Legality:
Matthew Murray
Senior Assistant City Attorney
City Attorney's Office
Date: Mar 20, 2024
ATTEST:
JJannette S. Goodall
City Secretary
Date: M a r 21, 2024
QFORT ��
OVa a=0
ddIln nBXA5.o4
LANDOWNERS:
Meritage Homes of Texas LLC
an Arizona limited liability company
I �rau.� su
.Frank Su
Development Director
Date: 3/15/2024
GRBK EDGEWOOD LLC
a Texas limited liability company
W
�jRviou,. Nua.euudf
Brian Hunnicutt
Authorized Signer
3/15/2024
Date:
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.
Re6. Owen (Idar 20,2024 10:±9 CDT)
Rebecca Owen
Planning Manager
Date: Mar20,2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT cJ
Rev. 03/0112022 DN
DocuSign Envelope ID: 6E5EBA29-BE90.428B-A49F-21E1A78C8DDA
STATE OF TEXAS
COUNTY OF TARRANT
st
This instrument was acknowledged before me on MCAV I oil _ by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth. `
BROOKE BONNELL
:=o~• Notsry Public, Ststa of Tex$
i.a= Comm. Expires 10-11-2028
W Notsry ID 134009626 Notary Public, to exas
LANDOWNERS
GRBK EDGEWOOD LLC
STATE OF —!—
COUNTY OF
--�— BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1 , on this day personally appeared___ -`IAYI
(name), i� iZC-'c (title), known to me to be the
person whose name is subscribed to the going instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of -s ' -F(A(entity), a
1 i (Aity type) and in the capacity therein
stated.
GIVEN UNDER MY WDAND SEAL OF OFFICE this day
of 1N6j , 20
Notary Pu ic, State of
0"le0"KRISTY LYN CHANDLER
Notary ID #129770238
My Commission Expires
April 1, 2026
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01J2022 SN