HomeMy WebLinkAboutContract 55293 02/12/2021
CSC No.55293
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STORMWATER FACILITY& RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of February 12
2021 , by and between Palladium Fain Street, Ltd., acting by and through Palladium
USA, hereinafter referred to as"Landowner", owner of the real property at 4001 Fain Street, Fort
Worth, Texas 76111 ("Property") and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 4.94-acre tract located in the LG Tinsley Survey, Abstract 1523, Tarrant County,
Texas, which is a portion of Lot 2, Block l of the Green Acres Addition No. 2, recorded in
Volume , 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 Palladium Fain Street 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 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 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
OFFICIAL RECORD
STORM FACILITY& RETAINING WALL MAINTENANCE AGREEMENT
CITY SECRETARY
FT.WORTH,TX
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. Tile 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 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, fails to maintain the Facility
in good working condition as specified herein, and fails to correct the deficiencies in
maintenance of the Facility within thirty (30) days after receiving written notice from
the City identifying such deficiencies, the City, its authorized agents and employees,
may enter upon the Facility Property and take whatever steps necessary to correct
STORM FACILITY&RETAINING WALL MAINTENANCE,AGREEMENT Page 2
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 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 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 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
STORM FACILITY& RETAINING WALL,MAINTENANCE AGREEMENT Nags 3
WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER
DUTIES OR OBLIGATIONS HEREUNDER.
7. 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 RETAINING WALLS FAIL 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 OWNER OF THE ABOVE FACILITY
PROPERTY TO MAINTAIN THE RETAINING WALL IN ACCORDANCE
HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON
OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE
RETAINING WALL AND ITS FOOTING, AND (2) AND FAILURE OF THE
RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER
CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM
ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER.
8. Landowner covenants and agrees 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. Landowner covenants and agrees 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.
9. 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 owners association.
12th day of Feb. 21
Executed this day of20 .
STORM FACII.ITV&RETAINING WALL MAINTENANCE AGREEMENT Page 4
City of Fort Worth
Dana ff12,20 11:38 CST)
Dana Burghdoff
Assistant City Manager
Approved as to Form and Legality
CLL�_Z LD 9-7— �1�1D�A!I
Christa R.Lonez-Reynold (F b 12.2021t
Assistant City Attorney
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Landowner:
Palladium Fain Street, Ltd.
a Texas limited partnership
By: Palladium Fain Street GP, LLC
a Texas limited liability company
Its general partner
By: Palladium Fain Str P Mgr, Inc
a Texas corpor o . it co- ger
By:
Thomas E. Huth, President
OFFICIAL RECORD
CITY SECRETARY
STORM FACILITY&RETAINING WALL MAINTENANCE AGREEMENT
FT.WORTH,TX
Contract Compliance Specialist:
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.
e Scarlett Morales(Feb 12,202111:25 CST)
Janie Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on February 12,2021,Dana Burghdoff, Assistant City
Manager of the City of Fort Worth, on behalf of the City of Fort Worth.
Notary Public, State of Texas
o,�pRY I'(ie/ LAURIE PEQUENO LEWIS LAURIE Digitally signed by LAURIE
2 Notary Public
* + STATE OF TEXAS PEQUENO LEWIS
m\ a,
Notary I.D. 132278952 PEQUENO LEWIS Date:2021.02.12 11:46:12-06'00'
9jFoF�p
My Comm.Exp.Dec. 10,2023
STATE OF TEXAS §
COUNTY OF TARRANT §
This Before me, the undersigned authority on this 12th day of Febraury, 2021,
personally appeared Thomas E. Huth, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same is the act of
Palladium Fain Street GP MGR, Inc., co-manager of Palladium Fain Street GP, LLC, general
partner of Palladium Fain Street, Ltd., a Texas limited partnership, and that he executed the
same as its and as the act of such limited partnership f'or the purposes and consideration
expressed in the foregoing instrument.
Notary Public, State of Texas
---- --- ------
'•``�'t�i-"�''% JULIE MARTIN �
MY COMMISSION EXPIRES
=;0 _ :•: APRIL 9,2022
NOTARY Ill 129780502
OFFICIAL RECORD
S'1'OR7\'I PACII.I'1'Y& RI'"I'AININC WALI.n4AlN'1'1'T'ANC:1':ACRI':1':n41'T''1' CITY SECRETARY
FT.WORTH,TX
Exhibit A
DETENTION POND
Lewis G. Tinsley Survey,Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
BEING a 0.21 acre tract of land situated in the Lewis G.Tinsley Survey,Abstract Number
1523 in the City of Fort Worth, Tarrant County,Texas and being a part of a tract of land
described in a deed to Chu Yun Kyong, recorded in Document Number 2013-90327 of the
Official Public Records of Tarrant County, Texas also being a part of Lot 1, Black 1 of
Green Acres Addition, an addition to the City of Fort Worth, Tarrant County,Texas as
recorded in Volume 388-161, Page 76 of the Plat Records of Tarrant County,Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2"iron rod found at the Southwest corner of said Green Acres
Addition and the common Southeast comer of a tract of land described in deed to Robert
Garriott, recorded in Volume 16605, Page 269 of the Official Public Records of Tarrant
County,Texas, also being in the North Right-of-Way(R.O.W.)line of Fain
Street(a 60'R.O.W.)from which a 1/2"iron rod found at an angle point in the West line of
said Green Acres Addition and at the Northeast corner of said Garriott tract bears
N 35020'50"W, a distance of 228.11 feet;
THENCE N 23010'19" E, over and across said Green Acres Addition,a distance
of 17.80 to the POINT OF BEGINNING;
THENCE continuing over and across said Green Acres Addition the following courses and
distances;
N 36°02'50"W,a distance of 188.96 feet;
N 89°44'38"E, a distance of 80.55 feet;
S 00°59'06"E, a distance of 46.53 feet;
S 20"23'30"E,a distance of 20.74 feet;
S 16012'18"E,a distance of 40.21 feet;
S 68002'10"E,a distance of 27.88 feet;
N 89°44'38"E,a distance of 82.12 feet;
S 25022'04"E, a distance of 28.25 feet;
S 83*11'22"W,a distance of 109.46 feet to the POINT OF BEGINNING and
containing 0.21 acres of land more or less.
PAGE 1 OF 2
j
EAGLE SURVEYING, LLC 1 hereby certify that this surrey,plan or report was prepared by me or
210 S. ELM STREET under my direct supervision and that OF
SUITE: 104 1 am a Registered Professional Land ••T-
i EAGLE
DENTON,TX 76201 Surveyor under the laws of the State �P�°� RFo(940)222-3009 of Texas , ,........TEDA.GOSSETT•-
1 SURVEYING TX FIRM#10194177 ]� �.R°5991•a�:,o�
JOB NUMBER DRAWN BY DATE Ted Gossett 09/01/2020 O•SURv�'
1711,09-13 CMB 09/01/2020 R.P.L.S.#5991
Exhibit A
DETENTION POND
Lewis G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
1 I
SLEY SURVEY,
LEVgIS ACT lyp.1523
n I
1/2"IRF CHU YUN KYONG
DOC.No.2013-90327 W D I
° O.P.R.T.C.T. I r M
N 89 44'38"E 80.55' PORTION OF O n D
LOT 1,BLOCK 1 T A W
GREEN ACRES ADDITION 10 y m c�l N VOL.388-161,PG.76 ;0 p
P.R.T.C.T. 915 CAI
0
--1 I
D ;U
=_C.
DETENTION POND I mx p -, G
0610.
� O�cs` 0.21 ACRES D W O D
De to -n .
�a I m D
OWNER:ROBERT 45
GARRIOTT N 89044'38"E 82.12'
VOL.16605,PG.269
O.P.R.T.C.T.
PO
S 83°11'22"W 109.46' CIRs
o C STREET
1/2"IRF FAIN
RI OF WAY)
A PUBLIC ROAD MAINTAINED
B THE CITY Of FORT
Y
/ WORTH,TEXAS • • --1
/ LINE
RL6 OWNER:CJ REALs ESTATE,LLC
5 20 23 30" DOC.No.D218078224
516121F; 40.21
56 O.P.R.T.C.T.
5 25°22'04"E 28.25
NOTE
PAGE 2 OF 2 The bearings shown on this survey are
based on GPS observations utilizing the
EAGLE SURVEYING, LLC N All Terra RTK Network.NAD 83(2011)
210 S. ELM STREET LEGEND
SUITE: 104 CIRF CAPPED IRON ROD FOUND
EAGLE D (940)2 TX 009 IRF IRON ROD FOUND
(940)222-3009 POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
SURVEYING TX FIRM#10194177 R.O.W. RIGHT-OF-WAY
P.R.T.C.T PLAT RECORDS,
A
JOB NUMBER DRAWN BY _ _ _ DATE7] _1 n—_2U TARRANT COUNTY, TEX
O.P.R.T.C.T.OFFICIAL PUBLIC RECORD
1711.009-13 C M B 09/01/2020 0 10 2b TARRANT COUNTY,TEXAS
EXHIBIT B
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY& RETAINING WALL
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. The log shall also
document the condition all retaining walls on the site, including those outside of
the detention basin area.
• 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.
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