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HomeMy WebLinkAbout065342 - Construction-Related - Contract - CSH Avenue at Lancaster, Ltd.Date Received: 6/11 /2026 Time Received: 3 : 02 p.m. Permit No.: SWFMA-26-0022 City Secretary No.: 655342 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 11 th day of June , 2026, by and between CSH Avenue at Lancaster, Ltd., a Texas limited liability company, acting by and through Elenor Fanning, its duly authorized Executive Director, 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 0.237 acre tract of land situated in the J. Balch Survey, Abstract No. 82, being a part of Lot 2R1, Block A, of Holman Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded as Instrument No. D216295179 of the Plat Records of Tarrant County, Texas, and according to the deed recorded in Document No. D226056525, Official Public 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 Avenue at Lancaster 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN CITY SECRETARY FT. WORTH, TX 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 ensure 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 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, fail 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 03/01/2022 BN 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 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 Executed this 11 th day of Jun e CITY OF FORT WORTH Jesica McEachern Assistant City Manager City of Fort Worth Date: 06/11 /2026 Approved as to Form and Legality: Al. keVI/I A;derJ, 1/ M. Kevin Anders, II (Jun 4, 2026 09:42:21 CDT) M. Kevin Anders, II Assistant City Attorney II City Attorney's Office Date: 06/04/2026 an ATTEST: Fopr°nB 'i = d PVo o=d C\\� paIly �FXo Sod Jannette S. Goodall City Secretary Date: 06/11 /2026 2026. LANDOWNER CSH Avenue at Lancaster, Ltd. a Texas limited partnership By: CSH AVENUE AT LANCASTER GP, LLC a Texas limited liability company its general partner By: Brompton Community Housing Development corporation a Texas limited nonprofit corporation its manager Fb a m l fwkyli� By: Eleanor M.C. Fanning Its: Executive Director of Managing Member of General Partner Datc: May 22, 2026 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 require nts Kandice Merrick Planning Manager Date: 06/04/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on June l l , 2026 by Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. TR P� RATHLEEN BRADFORD r Notary Public r r STATE OF TEXAS i & V Notary I,D.12197197 MY Comm. Exp. APr.12, 2027 LANDOWNER STATE OF Texas COUNTY OF Harris § Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and I'or the State of Texas , on this day personally appeared Eleanor M.C. Fanning E ecutive Director of Managing Member of General Partner (name; (title), known to me to be the person whose name is subscribed to the I'oregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of CSH Avenue at Lancaster, Ltd (entity), a Texas Limited Partnership _ (entity type) and in the capacity therein staled. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of May , 20 26 luuq� �prP�%,, HEAVEN JEWEL RICHARDS ':0 . Notary Public, State of Texas ., Comm. Expires 0425-2028 Notary ID 134867303 otary Public, State ork�:s D14AINAGE CHANNEL MAINTENANCE AGREEMENT 6 EXHIBIT "A" LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN EXHIBIT A DETENTION POND METES & BOUNDS DESCRIPTION (0.237 ACRE) SWFMA 26-022 AVENUE AT LANCASTER SITUATED in the City of Fort Worth, Tarrant County, Texas, in the J. Balch survey, abstract no. 82, being a survey of part of Lot 2R1, Block A of Holman Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded as *Instrument No. D216295179 of the Plat Records of Tarrant County, Texas(PRTCT), being described by metes and bounds as follows and using a bearing base of grid north, NAD83, North Central Texas Zone 4202: COMMENCING at a bent 1/2-inch iron pin found at the northeast corner of said Lot 2R1, Block A, in the west right-of-way line of Meaders Street(north-south paved road); a 1/2-inch iron pin found bears North 89°18'17" West, 4.06 feet; THENCE South 89°26'55" West, with the north line of said Lot 2R1, 193.10 feet to the PLACE OF BEGINNING; THENCE South 00°33'05" East, 48.00 feet; THENCE South 89°26'55" West, 215.52 feet to a point in the west line of said Lot 2R1 and in the east line of Lot 1 R2, Block A of said Holman Subdivision; THENCE North 00°03'50" East, with the west line of said Lot 2R1 and the east line of said Lot 1 R2, 48.00 feet to a 1/2-inch iron pin set at the south-southwest corner of Lot 4-R recorded in volume 388-71, page 496 PRTCT; THENCE North 89°26'55" East, 215.00 feet to the PLACE OF BEGINNING and containing 0.237 acre. Certifying only the boundary of the area of the Stormwater Facility Maintenance Agreement Office work completed April 14, 2026 Office work revised May 6, 2026 �E OF T /gyp �P•s r . Bruce Geer O Registered Professional Land Surveyor, No. 4117 BRUCE GEER 1101 W. University Drive(U.S. Highway 380) McKinney, Texas 75069 4117 972-562-3959 `9ti'cF S S O y0 FIRM: Bruce Geer, Surveyor S URv� FIRM Registration No. 10150700 n Bearing base: Grid north using Allterra gps network, NAD83, North Central Texas Zone 4202 A survey map accompanies this legal description. Sheet 2 of 2 o LOT 1 R2, BLOCK A w HOLMAN SUBDIVISION cn INSTRUMENT NO. c� D216295179 PRTCT co ...... 0 ....... ......... ............rn s 0 i R XT' < I I [� �iRF ' •' • N � m I I* �ANF ,•� czi m � Im�wmDC.rO ® Z (� A pl I I Q� I I' ' , m Z D < D Fn I I I = r cn frT1 I I I Or 0 zV' ;•�•; m __j 'o 44 If O �:.' 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Subject of the Agreement: SWFMA needed for new construction M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. SWFMA-26-0022 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.