HomeMy WebLinkAboutContract 60816 (3)Date Received: 1/26/2023 Permit No.: SWFMA-23-0093
Time Received: 11:18 a.m. City Secretary No.: 60816
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of J a n u a ry
2024 , by and between Vickery Village Development LLC, a Texas limited liability
company, 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 situated in the Jennings North Addition, an Addition to the City of Fort
Worth, Tarrant County, Texas according to the deed recorded in Document No.
D223207595. 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 The Vickerv. 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
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
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN CITY SECRETARY
FT. WORTH, TX
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 and areas 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, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property for the
sole purpose to inspect the Facility Property during normal business hours
whenever the City deems necessary. The purpose of inspection is to follow-up
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
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, 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, 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. 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
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
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 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 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. Landowner covenants and agrees
that no habitable building shall be erected on the above property abutting such
boundaries of the Property in which is Facility is located, 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
Execitte41 tliis, 26th day of January
CITY OF FORT WORTH
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: Jan 26, 2024
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: J an 26, 2024
LANDOWNER
Vickery Village Development LLC
a Texas limited liability company
By: TrademarWyltifamily Vickery, LLC
By: Chad A. Colley
Its: Manager
Date: I ,%Z s /Zo
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.
f4%,Jn
c.a Diane Owen (Jan 26, 2024 09:58 CST)
nn
ATTEST: 9fORr°nQp
A;Fo°° oo°° o� a
'd° Rebecca Owen
e'.o
Planning Manager
�i �i dAnp nEXoS.00
Date: Jan 26, 2024
Jannette S. Goodall
City Secretary
Date: Jan 26, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT)
Rev. 03101/2022 BN
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me on January 26th, 2024 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
oPRrp�e` BROOKE BONNELL
_ Notary Public
* * STATE OF TEXAS
�T9�oF� Notary I.D. 134009525
My Comm. Exp. Oct. 11, 2026
LANDOWNER
STATE OFTe
COUNTY OF mLL(.J r4 ^
Digitally signed by Brooke
Brooke Bonnell Bonnell
Date: 2024.01.26 10:40:53-06'00'
0
Notary Public, State of Texas
1
2.
BEFORE ME, the undersigned authority. a Notary Public in and for the State of
on this day personally appeared Chad_ A. Colley. Manager of
Trademark Multifamily Vickery, LLC, Manaaer of Vickery Village Development LLC, a
Texas limited liability coml 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 said limited
liability company and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE this 2-6441 day
Janof _, 2014.
-I WV4
Ashley Shane Gelics Notary Public, S at of aXas+
My Commission Expires
612412026
f Notary ID129916126
STORMWATER FACILITY MAINTENANCE AGREEMENT B
Rev 0310112022 ON
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
PRIVATE DRAINAGE EASEMENT
BEING 0.150 acre of land situated in Lot 1, Block 1, JENNINGS NORTH ADDITION, to the City
of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 484, of
the Official Public Records of Tarrant County, Texas. Said 0.150 acre of land being more
particularly described by metes and bounds as follows:
COMMENCING at a "Y" in concrete found at the Northeast corner of said Lot 1, Block 1, and
said point lying in the South right-of-way line of Interstate Highway No. 30 (a variable width
public right-of-way);
THENCE SOUTHWESTERLY 788.89 feet, along a curve to the left, having a radius of
2732.79 feet, a central angle of 160 32' 24", and a chord bearing S 810 37' 45" W 786.16 feet,
to the POINT OF BEGINNING;
THENCE severing said Lot 1, Block 1, as follows
1.
N 890
12' 50" E
123.00 feet, to a point;
2.
S 000
47' 10" E
51.01 feet, to a point;
3.
S 890
12' 50" W
122.77 feet, to a point;
4.
N 01 °
02' 28" W
15.50 feet, to a point;
5.
S 890
12' 50" W
5.00 feet, to a point;
6.
N 01 °
02' 28" W
5.00 feet, to a point;
7.
S 890
12' 50" W
6.26 feet, to a point;
8.
N 460
27' 12" W
11.23 feet, to a point;
9.
N 020
07' 15" W
14.31 feet, to a point;
10.
S 460
27' 12" E
17.39 feet, to a point;
11.
N 890
12' 50" E
2.15 feet, to a point;
12.
N 010
02' 28" W
5.00 feet, to a point;
13.
N 890
12' 50" E
5.00 feet, to a point;
14.
N 010
02' 28" W
15.51 feet, to the POINT OF BEGINNING containing 0.150 acre
(6,553 square feet) of land.
CHRIS L. BLEVINS
Y.... ....y..
so 5792 -
�suRVE�oR_
i III F-IfifflyAl
GA2023\EASEMENTS\Jennings North, Lot 1, Blk 1 - Private Drainage - 0.150 Ac.doc
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT 991399 "Y" IN CONCRETE FOUND AT
THE NORTHEAST CORNER OF
BEARING BASE: LOT 1, BLOCK 1 JENNINGS
THE BEARINGS SHOWN HEREON ARE TEXAS STATE 2 NORTH ADDITION
PLANE GRID BEARINGS ESTABLISHED USING THE
GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL i
CONTINUOUSLY OPERATING REFERENCE STATIONS.
�O(N PG
"3
A.2p1,
SCR G P.O.B. c1
A' L 1 $ — � \
E'v \
w O\o 0' SEE EXHIBIT 1 /
— — 0.150 ACRE \
G ' 6,553 SO. FT.
�c > \
SP �� �3 I
TACK IN 30' DRAINAGE EASEMENT � — LOT 1, BLOCK 1
PLUG FOUND VOL. 5480, PG. 485 \ \ JENNINGS NORTH ADDITION
O.P.R.T.C.T. CAB. B, SL. 484
O.P.R.T.C.T.
PROPOSED NEW R.O.W. LINE \
-WEST VICKERY BOULEVARD
/ F (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) / —
r
A, ° �'
°CHRIS °° LEVINS � L13 �
°.o 5792 \ r
'Pop
E S s`�aPO� ° w
I L11
9ti0°SUR��� �w \ I ��
I�zm ►r � �
DECEMBER 18, 2023 lO w Lu a I L
FW 901 VICKERY INVESTORS, L.P. I U '!� 0 \
CC# D219239479 \ EXHIBIT 1
PAGE 1 OF 2 O.P.R.T.C.T. I
BRITTAIN & CRAWFORD
LAND SURVEYING &
TOPOGRAPHIC MAPPING
TEL (817) 926-0211
FAX (817) 926-9347
P.O. 80X 11374 • 3908 SOUTH FREEWAY
FORT WORTH, TEXAS 76110
EMAIL: odmin*brfttoin-trowford.com
WERSITE. www.britloin-crowford.eom
FIRM CERTIFICATION/ 1019000
PRIVATE DRAINAGE L
EASEMENT
LOCATED IN 5
LOT 1, BLOCK 1
JENNINGS NORTH ADDITION
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS SCALE 1"=60'
(J.U.) JENNINGS NORTH ADDITION\JENNINGS NORTH ADD-2023 EASE-PRIVATE-DRAIN.dwg
EXHIBIT "B"
Course Bearing
L1
N
89012'50"
E
L2
S
00047'10"
E
L3
S
89012'50"
W
L4
N
01002'28"
W
L5
S
89012'50"
W
L6
N
01002'28"
W
L7
S
89012'50"
W
L8
N
46027'12"
W
L9
N
02007'15"
W
L10
S
46027'12"
E
L11
N
89012'50"
E
L12
N
01002'28"
W
L13
N
89012'50"
E
L14
N
01002'28"
W
Curve Radius
C1 1 2732.79'
BRITTAIN & CRAWFORD
LAND SURVEYING &
TOPOGRAPHIC MAPPING
TEL (817) 926-0211
FAX (817) 926-9347
P.O. 80X 11374 • 3908 SOUTH FREEWAY
FORT WORTH, TEXAS 76110
EMAIL: odmin*brftttin-trowford.com
WERSITE. www.britloin-crowford.eom
FIRM CERTIFICATION/ 1019000
Length Delta
788.89' 16032'24"
Distance
123.00'
51 .01 '
122.77'
15.50'
5.00'
5.00'
6.26'
11.23'
14.31'
17.39'
2.15'
5.00'
5.00'
15.51'
Chord
786.16'
Chord Bear.
S 81037'45" W
(J.U.) JENNINGS NORTH ADDITION\JENNINGS NORTH ADD-2023 EASE-PRIVATE-DRAIN.dwg