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HomeMy WebLinkAboutContract 62636Date Received: 1 /17/2025 Time Received: 8:00 a.m. Permit No.: SWFMA-24-0102 City Secretary No.: 62636 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of January, 2025, by and between Alliance Center - West Association, hereinafter referred to as "Association" and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Association is the owner of certain real property described as a tract of land located in the G. Overton Survey, Abstract Number 972, Denton County, Texas, recorded in Instrument Number 135225 in the Deed Records, Denton County, Texas, hereinafter called the "Property". WHEREAS, Association provides for management of storm water within the confines of the Property; and WHEREAS, the City and Association agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on -site Storm Water Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on -site Storm Water Management Facilities ("Facility") be constructed and adequately maintained by Association, its successors and assigns, the location and dimensions of which are shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"). OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 1 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. Association, its successors and assigns, shall adequately construct and maintain the on -site Storm Water 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 Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that the Facility is performing its design functions. The Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to confirm that the Facility is performing its design functions. 2. Association, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to confirm the proper functioning of the Facility. The inspection shall cover the entire Facility. 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. Association, its successors and assigns, hereby grants permission to the City, its authorized agents and employees, upon at least two business days' written notice, to enter upon the Facility Property for the sole purpose of inspecting 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 Association, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 4. In the event Association, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City shall provide written notice to Association, its successors and assigns, describing with reasonable specificity the needed repairs or maintenance. Association, its successors and assigns, shall have a period of thirty (30) days to complete such repairs or maintenance, or if such repairs or maintenance cannot be completed within thirty (30) days, Association, its successors or assigns, can request additional time to conduct the repairs or maintenance by providing a plan of action and proposed timeline to City specifying the amount of time Association believes is necessary to conduct the required repairs or maintenance, such plan and timeline subject to approval or denial by the City within five (5) business days from the date of receipt of the request, with approval not to be unreasonably withheld. If Association, its successors and assigns, fails to complete such repairs or maintenance within the time set forth in the immediately preceding sentences, then the City, its authorized agents and employees, may enter upon the Facility Property and make the repairs or maintenance identified in the inspection report and to charge the reasonable costs of such repairs or maintenance to the Association, 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 Association's. 5. The Association, its successors and assigns, will perform the work necessary to keep the Facility in good working order. 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, Association, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all reasonable costs incurred by the City hereunder. In the event that Association or its successors or assigns fail to pay the City for the costs incurred under this section, the City may impress a lien for the costs of such work upon the Facility Property. Such lien shall be STORM WATER FACILITY MAINTENANCE AGREEMENT 3 perfected by filing in the office of the County Clerk of Denton County, Texas an affidavit identifying the Facility Property, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. ASSOCIATION 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, FROM THE FAILURE OF ASSOCIATION OR ITS SUCCESSORS AND ASSIGNS, TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE FACILITY; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE FACILITY AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE FACILITY, OR (3) FAILURE OF THE FACILITY TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA, OR TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Association covenants and agrees that no habitable building shall be erected within the Facility Property, but this paragraph shall not preclude construction of other improvements within the Facility Property, which do not materially adversely affect the function of the Facility. Association covenants and agrees that as to any property owned by the Association which abuts the Facility Property, no habitable building shall be erected 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 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 Association, its successors and assigns. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities, and obligations of Association hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by Association of legal title to the Facility Property, save and except for any liabilities, indemnities, and obligations of Association 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Executed this 22 n d day of J a n U a rY 2025 CITY OF FORT WORTH ASSOCIATION ALLIANCE CENTER -WEST ASSOCIATION / / a Te as Nonprofit Corporation Dana Burghdoff (Ja 6, 202 5 CST) ' A4 Dana Burghdoff By: Eric Elrod Assistant City Manager Its: President City of Fort Worth Date: 01 /16/2025 Date: 1 / 141 t5' Approved as to Form and Legality: Contract Compliance Manager: �G4&18eu" —4&4 By signing, I acknowledge that I am the Person responsible for the monitoring and By: Matthew Murray administration of this contract, including Title: Senior Assistant Attorney ensuring all performance and reporting City Attorney's Office requirements. 01 /15/2025© Date: RahPrra swan (]an 15.2025 14:29 CST) Rebecca Owen Planning Manager ATTEST: ooaIln f..... O Cd Date: 01 /15/2025 C� aaan aEZPsa4 Jann) ette S. Goodall City Secretary 01 /17/2025 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 6 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Jan. 16, 2025 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. ASSOCIATION STATE OF [C5 § COUNTY OF V�),i �� § Notary Public, State of Texas ------------- QhPRYpUe`� BICH SON THI NGUYEN _ Notary Public * * STATE OF TEXAS Notary I.D. 133389224 9 OF My Comm. Exp. Oct. 13, 2025 BEFORE ME, the undersigned authority, a Notary Public in and for the state of on this day, personally appeared Eric Elrod, President, 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 ALLIANCE CENTER -WEST ASSOCIAITON, a Texas nonprofit association and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this j day of \YJr\va(yc'-vl t -\,PaY LORI BOWLING Notary Public State of $: �= Notary Public, State of Texas Comm. Expires 1 0-17-2027 Notary ID 124717681 STORM WATER FACILITY MAINTENANCE AGREEMENT 7 EXHIBIT "A" LEGAL DESCRIPTION Des criptiao of2.156Acres BEING a tact of laud sitimted in the G. Overton Survey, Abstract Number 972, City of Fort Worth, Denton County, Texas, being a pottioa of that remainder tract of land described by deed to ALL Investment, L.Y., recorded in Instrument. Ntlntbtr 2019-99456, Real Property Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMIE NCENG at a 518 inch iron read with plastic cap damped "Pe loton". found at the southwem corner of said remainder tract; being the northwest corner of Lot 1, Bloc: 2, Westport Addition, sn addition td the City of Port Worth, Denton County, Texas, reca-ded in tnstrument Number 2023-112, said Real Property Records, and being in the cast right-of-way I ine or Farm to Market 156 (a 200' right-of- way) racorded in Instrument Nurnber 2007.110923, said Real Property Records, the beginning of a curve to the right, from which a 518 inch iron rod with plastic cap stamped "Peloton" bears N SWI7'43"F 999.60 feet; TIiENCE with the west Ihic of said remainder tract and said right -of --way line and said curve 10 the right, an arc distance of 775.10 feet through a central angle of Vr54' 18", having a radius of 4483.66 feel, the long chord which bears N 1£030'44"E, 774.14 feet; THENCE 5 68032'07"E, $2.32 feet, departing said common line over and across said remainder tract, to the POINT OF BEGINNING; THENCE aotr and across said remainder tract the fallowing courses acid distances: 5 6V32'07"E, 50.86 feet; 5 48627'55"E, 296A5 feet; 5 02-59'55-W, 66.22 feet; 5 55604' 10"W, 2I3.10 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 30.48 feet, through a central ongle of 34°55'50", having a radius of 5D.00 feet, the long chord which bears 5 72°32'05"W, 30.01 feet; WEST. 36.96 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 39.27 feet, through a central angle of 45°00'00", having a radius of 50.00 feet, the long chord which bears N 67°30'00"W, 38-27 feet; N 45°00'00"W, 136.02 feet; THENCE with said curve to the right, an arc distance of 3 19. 68 feet, tltrough a central angle of 04°09'41" having a radius of4401.44 Feet, the long cttaH which bearsN 19°22'43T, 3 19 .61 feat to the Point of Beginning and containing 93,917 square feet nr 2.156 acres of land more or less. "IMLgF l ptuls of dtis chxumenL- �- ❑�9cripilan :. Exhiln� STORM WATER FACILITY MAINTENANCE AGREEMENT G Basis al Beating is the Texas Caordlnate Systern m North Cenlrpl Zone 4202, NAD g3 } IRF Iron Rod fauna N { Paint of+f Beginnings?' goo goo GRAPHIC a ALE IN FEET ,rrc Fosaooeu °r Sfib°32't37"E f •Inteyrulpgr S nF this document" { 50.8fi' jr+ 1, €7escription rr�• znr�,dreyr 1 RPJPUJ6T f f +i� 2, Exhibit ' { f Q Olt. r $_ f �``�� r f r;rr �' •`� 0 R • 4401.44' ;+ �� p qa' f rf r L - 319.68' 4 { f { LC- N19' 22' 43"E } { { 115fi Aytl5 + Fv wrse Ekciflc N&- N 6 44`5a•18" j r+ Awm p in 0 R 44$S. 56 r { rn5ff M3 R74M ;y 48 5 • 775. X}' LP-- N15•SLI'�41."� r*m Zh WWAI EaKTArh' T74,1a' f r tra{,YJCts;.824 �,r' RrRacr , �•�. 217G.11 F­Md1 f 6 O• f +i+ AIL Investment, L.P. Mat.' 2019-99456 { f WEST r A • 34' 55' 50" r fr ! b d5° 06' 00' 3Bj if R _ 50.00' r R - 5o.00' rr' f L 30.48' r L • 39.2 7' r rr r I, Nb7. 30' 00"W LC- 572' 32' 05"w f r ! 39 27' u gg9.50, r i� A3'E rr iat 91ock 2 west uorr Ada tIcF1 uRF ,si-T 205 -1,2 R Point of,+' jp� ri r Commencing j f .!!:i.6itiGGEs, r i r r +r j •ti� �n�o } i +}� Westwood 2° 156 Acres of Land �itv7le5 it Lhe G, ❑veto' Su-vey, Abstroel Numbei 972, I r Awl �s,, b- City ❑f Fort War lh.ONriton Counly, Texas. ACFOUSY H „:fh700 M9•MMY huRa S7�L E6M1h�1r Mnyh[r.EEJ�SGoij-1430WD.j 1R: CKCXFP SY: i. &itlgee OAR: 99 10 24 JPACE Y 2d 2 , ... s.4rry4•mtuualw.� 1 J STORM WATER FACILITY MAINTENANCE AGREEMENT 9 EXHIBIT "B" FACILITY DESIGN SPECIFICATIONS in BPILLWOp..... T O _ l .J ^�— VM ' ygppJ �-�yw_s cauc�TE rwMeoerAa� eAwss WESTR X N pm POND GRADING PLAN roArvmxm--,--oem��rnca�nrv.rocas md ^ A STORM WATER FACILITY MAINTENANCE AGREEMENT 10 _ .r ------ .now wESWT z a043 GRg01h'G LRGS9 SECTIOMB urwonm, mm aume rexa9 STORM WATER FACILITY MAINTENANCE AGREEMENT 11 CROSS SECTION C tt pt u� uu ii rnm MEN In ONO -�If MEN e�������ll MEN m nnnun uuu 0�� MENNEN�u uuu t p mK wpm RF%udATT OVERFLOW PIANAN6PAOAAi DUAJL weSTRDRT11101 GRADING CROSS SECTIONS FO��RT��WOAIX.OENION LpMIY. iEC46 Watwood STORM WATER FACILITY MAINTENANCE AGREEMENT 12 50-E .:': I LEGEND STORM WATER FACILITY MAINTENANCE AGREEMENT 13 SD F ■s ■os■� NONE no 0 LEGEND BENCHMARKS *� �a WES,PORT za POND i STA 8,0TO END STORM DRAIN PLAN 'D-F wmxromH o�non caurrr-nus vks 1A1ow m IR STORM WATER FACILITY MAINTENANCE AGREEMENT 14 Exhibit "C" CITY OF FORT WORTH STORM WATER 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 15 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION Mowinq 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip - REPAIRS REPAIRS DATE REQUIRED MADE NOTES STORM WATER FACILITY MAINTENANCE AGREEMENT 16 Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 17