HomeMy WebLinkAboutContract 63863Date Received: 8/26/2025 Permit No.: SWFMA-25-0046
9:39 a.m.
Time Received:
City Secretary No.:
STORMWATER FACILITY
MAINTENANCE AGREEMENT
63863
THIS AGREEMENT, made and entered into this 26th day of August
2025, by and between Alliance Westport No. 15, Ltd., a Texas limited partnership,
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 G. Overton Survey, Abstract Number 1185, City of Fort
Worth, Tarrant County, Texas, and being a portion that tract of land described by deed to
Alliance Westport No. 15, Ltd., recorded in Instrument Number 2025-74945, Real
Property Records, Denton County, Texas, and Instrument Number D225123730, County
Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, Landowner provides for management of stormwater 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
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev. 03/01/2022 BN CITY SECRETARY
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 Landowner, its successors and assigns, shall adequately construct and
maintain the 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
stormwater to and through the Facility, as well as all structures, improvements,
and vegetation provided to control the quantity of the stormwater. Adequate
maintenance is herein defined as good working condition so that the Facility is
performing its design function. 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 ensure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility. Components of the Facility, if any, 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 grants permission to the
City, its authorized agents and employees, to enter upon the Facility Property
for the purpose of inspecting the Facility whenever the City reasonably 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,
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
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 shall provide
written notice to Landowner, its successors and assigns, describing with
reasonable specificity the needed repairs or maintenance. Landowner, 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 reasonably be
completed within thirty (30) days, Landowner, its successors and assigns shall
commence such repairs or maintenance and shall have such time thereafter as
reasonably necessary, using reasonable diligence, to complete such repairs or
maintenance). If Landowner, its successors and assigns, fails to commence or
complete such repairs or maintenance within thirty (30) days, or a reasonably
necessary timeframe thereafter, as set forth in the immediately preceding
sentence, the City, its authorized agents and employees, may enter upon the
Facility Property and take whatever steps reasonablv necessary to correct
deficiencies identified in the inspection report and to charge the reasonable
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_
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 on the Facility, 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 reasonable costs incurred by the City hereunder. In the event
that Landowner, its successors or assigns, fails 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 perfected by filing in the
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
office of the County Clerk of Tarrant 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
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, FROM THE
FAILURE OF LANDOWNER 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) SLOPE FAILURE OF THE BANKS OF THE
FACILITY, OR (2) 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. Landowner 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 impede
drainage. Landowner covenants and agrees that as to any property owned by
Landowner 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 Facility which would occur during a
100-year frequency flood.
8. This Agreement shall be recorded among the property records of Denton
County and Tarrant County, Texas, shall constitute a covenant running with the
land, and shall be binding on the Landowner, its successors and assigns,
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
including any property owner's association. Notwithstanding anything to the
contrary contained in this Agreement, neither Landowner nor any future owner
of all or any portion of the Property shall be liable under any indemnification
or other obligations under this Agreement with respect to claims, losses,
damages, events, or occurrences other than those arising during or relating to
the respective period of such Landowner's or future owner's ownership of the
Property.
[Signatures appear on following pages]
STORMWATER FACILITY MAINTENANCE AGREEMENT 55
Rev. 03/01/2022 BN
Executed this 26th day of August
CITY OF FORT WORTH
006�- �,
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date: 08/26/2025
Approved as to Form and Legality:
M. Kevin Anders, II (Aug 19, 2025 17:39:12 CDT)
M. Kevin Anders, II
Assistant City Attorney
City Attorney's Office
Date: 08/19/2025
44L
P o�pO1Rt�JaO
ATTEST: P'°
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o=d
(�� aa�4 nEXo4o4
Jannette S. Goodall
City Secretary
Date: 08/26/2025
2025.
LANDOWNER
Alliance Westport No.15, Ltd.
a Texas limited liability partnership
By: Hillwood Alliance Management
II, LLC
a Texas limited liability
company
its general partner
IV, By:
Name: Eric Elrod
Title: Senior Vice President
Date: 8/13/2025
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
req ire ts.
Kandice Merrick
Planning Manager
Date: 08/19/2025
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 August 26th, 2025 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
o1pRY P�B`n KATHLEEN 11AD101D Notary Public, State of Texas
z Notary Public
+®+ STATE OE TEXAS
�TT� S P Notary E.
12197197
Lti1\LO� �oF My Comm. Exp. Apr. 12� 2027
------OMME - --
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on kt5�1'� 2025, by
of Hillwood Alliance l"Tanagement Il, LLC, a
Texas limited liability company, in its capacity as general partner of Alliance Westport
No. 15, Ltd., a Texas limited partnership, 7oehalf of said limited partnership.
ioRi BOWLING Notary Public, State of Texas
e� '=Notary Public, State of Texas
Comm. Expires 1l}17-2027
of )IMNOV Notary ID 124717681
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev- 03/01/2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/01/2022 BN
EXHIBIT "A"
FACILITY PROPERTY
DESCRIPTION OF A
SWFMA FACILITY PROPERTY
BEING a tract of land situated in the G. Overton Survey, Abstract Number 1185, City of Fort Worth,
Tarrant County, Texas, and being a portion of that tract of land described by deed to Alliance
Westport No.15, LTD., recorded in Instrument Number 2025-74945, Real Property Records, Denton
County, Texas, and Instrument Number D225123730, County Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod, with plastic cap stamped "PELOTON", found at the most
southerly southwest corner of said Alliance Westport No.15 tract and the intersection of the northeast
right-of-way line Intermodal Parkway, a 120 foot right-of-way recorded in Volume 11536, Page
1770, said County Records and the northwest right-of-way line of Mobility Way, a variable width
right-of-way recorded in Instrument Number 2024-296, Plat Records, Denton County, Texas;
THENCE N 44009'08"W, 129.52 feet, with said northeast right-of-way line, from which a 5/8 inch
iron rod, with plastic cap stamped "PELOTON", found in said northeast right-of-way line, bears
N 44-09'08"W, 32.36 feet;
THENCE N 45050'52"E, 52.04 feet, departing said northeast right-of-way line, to the POINT OF
BEGINNING;
THENCE over and across said Alliance Westport No.15 tract, the following courses and distances:
N 56038'40"W, 82.87 feet, to the beginning of a curve to the left;
With said curve to the left, an arc distance of 112.70 feet, through a central angle of
96°22'47", having a radius of 67.00 feet, the long chord which bears N 35' 15'39"W,
99.88 feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an arc distance of 27.93 feet, through a central angle
of 45°43'06". having a radius of 35.00 feet, the long chord which bears N 60°35'30"W, 27.19
feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an arc distance of 27.92 feet, through a central angle
of 41 °01'05", having a radius of 39.00 feet, the long chord which bears N 17'13'25"W, 27.33
feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an arc distance of 33.45 feet, through a central angle
of 54°45'45", having a radius of 35.00 feet, the long chord which bears N 30°40'00"E, 32.19
feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an arc distance of 17.75 feet, through a central angle
of 15°38'51 ", having a radius of 65.00 feet, the long chord which bears N 65°52' 18"E, 17.70
feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an arc distance of 132.05 feet, through a central angle
of 32°45'07", having a radius of 231.00 feet, the long chord which bears S 89°55'43"E,
130.26 feet, to the beginning of a reverse curve to the left;
Job No. NWA22037 Tracking No. ACRtl
Fon Worth, Tartans County, Tc.x s July 18. 2025
G:UOB%HWA22037_WESTPORT_I512_SRVYIF.SMTS%LEGA1S1HWA22037_FA2.rX)CX Pagc 1 093
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
With said reverse curve to the left, an arc distance of 199.71 feet, through a central angle of
33'39'16", having a radius of 340.00 feet, the long chord which bears N 89'3713"E, 1%.85
feet, to the beginning of a reverse curve to the right;
With said reverse curve to the right, an arc distance of 122.21 feet, through a central angle of
17'38'14", having a radius of 397.00 feet, the long chord which bears N 81'36'42"E, 121.73
feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an are distance of 151.77 feet, through a central angle
of 138'01'27", having a radius of 63.00 feet, the long chord which bears S 20P33'28"E.
117.64 feet, to the beginning of a compound curve to the right;
With said compound curve to the right, an arc distance of 55.31 feet, through a central angle
of 30'l2'l9", having a radius of 104.91 feet, the long chord which bears S 64'27'35"W,
54.67 feet, to the beginning of a reverse curve to the left;
With said reverse curve to the left, an arc distance of 24.22 fact, through a central angle of
49'33'45", having a radius of 28.00 feet, the long chord which bears S 54'46'52"W, 23.47
feet;
S 30'00'00"W, 19.14 feet;
S 59051'32"W, 3.98 feet;
S 89'43'04" W, 19.78 feet,
S 60'38'50"W, 3.89 feet, to the beginning of a curve to the left;
With said curve to the left, an arc distance of 23.97 feet, through a central angle of 18'07'58".
having a radius of 75.75 feet, the long chord which bears S 22°30'37"W, 23.87 feet, to the
beginning of a reverse curve to the right;
With said reverse curve to the right, an arc distance of 188.69 feet, through a central angle of
122'51'25", having a radius of 88.00 feet, the long chord which bears S 74'25'09"W,
154.57 feet, to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left, an arc distance of 109.11 feet, through a central angle
of 79007'58", having a radius of 79.00 feet, the long chord which bears N 83'43'07"W, 100.64 feet,
to the Point of Beginning and containing 89,005 square feet or 2.043 acres of land more or less.
"Integral parts of this document"
1. Description - 2 Pages
2. Exhibit 1 Page
Job No_ HWA22037 Tracking No. ACFA
Fort Worth, Tarrant County. Texas July 18.2025
G:VOBIIIWA22037 WESTPORT 15\2 SRVYIFSMTSILEGALS41WA22037_EA2.DOCX Page 2of3
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev. 03/01/2022 BN
N
0 100 200
GRAPHIC SCALE IN FEET
"Integral parts of this document"
1. Description - 2 Pages
2. Exhibit - 1 Page
Rnsis of Rearing is the Texas Coordinate System
North Central Zone 4202,NAD 83
IRF - Iron Rod Found
NO.
DELTA
RADIUS
I LENGTH
BEARING
DIST.
C1
96.22*47"
67.00'
35.00'
1 112.70'
1 27.93'
1 N35.15'39"W
1 1460.35'30"W
99.88'
27.19'
C2
45.43*06"
C3
C4
41.01'05"
54.45*45"
39.00'
1135.00'
27.92'
33.45'
N17.13'25"W
27.33'
N30.40'00"E
32.19'
C5
15.38'51"
1 55.00'
17.75'
N65.52'18"E
17.70'
C6
32. 45'07"
1 231.00'
132.05'
S89- 55'43"E
130.26'
C7
133.39*16"
340.00'
199.71•
N89.37'13"E
196.85'
CS
17.38'14"
397.00'
122.21'
N81.36'42"E
121.73'
C9
138.01'27"
63.00'
151.77'
S20.33'28"E
117.64'
Alliance Westport No. 15, LTD.
C10
30.12*19"
104.91'
55.31'
S64.27'35"W
54.67'
Inst.• 20or 74945
C11
49.33'45"
28.00'
24.22'
S54.46'52"W
23.47'
0
w
0 �
R.P.R.D.C.T.
nst.• D225123730
C12 18.07'58" 75.75' 23.97, S22.30'37"W 23.87'
of C.R. T.C.T.C13 122512588.001 188.69I S742509W 154.57C14 79.07-58" 179.00' 1 109.11' 1 N83.43'07"W _ 100.64' /
m
C 6 C 8
C5 / w
\\ c�Trsus C7 C9 /
\ C4
C3 S89.43' 04 "W /' /
2.043 19.78'
j �\ C2 N56.38.4p„w Acres /
1 \ 1 � ` 82.87• / Altionce Westport No. 15, LTC). m
ej1 \ `� S60° 38' S0"W �0 / / Inst., D22512732
e ` G / C.R.T.C.T.
03
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SWFMA Facility Property insr.• D224121942 � s gin
Situated in the G. Overton Survey, Abstrocl CR.TL.T.
Number 1185, City of fort Worth, Torront \
County, Texas. J 5
TBPELS . LS FIRM REG. NO. 10074301 Copyright(L) 2025 Westwood Professional Services, Inc
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev. 03/01/2022 BN
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT `B"
Design Specifications
MOkTCHLM SHEET C301
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STORMWATER FACILITY MAINTENANCE AGREEMENT 15
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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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 9
Rev. 03/01/2022 BN
FORT WORTH
Facility Name:
Exhibit "D"
INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN
Basin/Pond Number: Inspected By:
Type of Inspection: Annual , Quarterly
Basin Conditions:
Facility Agreement Number:
Date:
, Monthly , Routine , or Storm Event , (# days since event
1. Is there standing water or wet spots?
2. Does sides or bottom show signs of erosion, settling, cracking, etc?
3. Does dam or emergency spillway show signs of erosion, settling,
cracking, or other problems?
4. Is there evidence of animal burrowing in dam?
5. Is there evidence of changes in shape or volume of basin?
6. Do vegetated areas need mowing?
7. Are there trees or woody growth in dam?
8. Are there areas that need to be re -vegetated?
9. Is there any accumulation of silt, trash, debris or litter in the basin?
10. Are there any other basin maintenance activities needed?
Structural Components:
1. Are pipes, channels, trash racks, etc. free of obstructions?
2. Are pipes, spillway or trash racks in need of repair?
3. Is the low flow or trickle channel in need of repair?
4. Is the outfall channel in need of repair?
5. Are there any other structural maintenance activities needed?
Plan for correcting deficiencies:
Yes_
No
Comments
Yes_
No
_ Comments
Yes_
No
Comments
Yes_
No
Comments
Yes_
No
_ Comments
Yes_
No
_ Comments
Yes_
No
Comments
Yes_
No
Comments
Yes_
No
Comments
Yes_
No
_ Comments
Yes_
No
Comments
Yes_
No
Comments
Yes_
No
_ Comments
Yes_
No
_ Comments
Yes
No
Comments
Signature:
Date:
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Fort worth 'x����
Stormwater
Management
Owner's Representative
Form CFW-6
CFW- SEPTEMBER 2015 Appendix A A-17