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HomeMy WebLinkAboutContract 57851 Date Received: Jul 18, 2022 Permit No.: SWFMA-22-0052 Time Received: 12:10 pm City Secretary No.: 57851 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 14th day of July 2022, by and between Palladium East Berry, Ltd., a Texas limited partnership acting by and through Thomas E. Huth, 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 an approximately 16.376-acre tract located in the Lot 1, Block A, PALLADIUM EAST BERRY ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded under Clerk's File No. D222172186 Plat 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 East Berry 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 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 CITY SECRETARY Rev.03/01/2022 BN 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 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, 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, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.03/01/2022 BN 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 FACILITITY 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 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. 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. Executed this day of 2022. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.03/01/2022 BN CITY: LANDOWNER: Aw UGIGw Palladium East Berry, Ltd., Dana Burghdoff(Ju 15,20221 :37 CDT) a Texas limited partnership company Dana Burghdoff, Assistant City Manager By: Palladium East Berry GP, LLC, City of Fort Worth a Texas limited liability company, Date: Jul 15, 2022 its general partner Approved as to Form and Legality: Name: Thomas E. Huth Title: Manager Date: Thomas Royce Hansen, Assistant City Attorney II City Attorneys Office Contract Compliance Manager: By signing I acknowledge that I am the Date: Jul 15, 2022 person responsible for the monitoring and administration of 00000 p�F°FORT �� this contract, including ATTEST: p4, °0Od ensuring all performance and reporting • ij 0 0 requirements. ° ° Vo 0 ° R�P. Uf;16Ce� o° 0 CPLd2 or Ronald P.Gonzales(Jul 1 ,20221� � o°OOppO°°o Jannette Goodall, aaa�rEX ASo�p Dwayne HoU s for(Jul 15,202208:35 CDT) J ��aas4� Janie S. Morales, Planning Manager City Secretary City of Fort Worth Development Services Date: Jul 15, 2022 Jul 15, 2022 Date. OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.03/01/2022 BN FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on July 15, 2022 by Dana Burghdoff,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Jennifer Jennifer Ezernack Ezernack Date:2022.07.15 13:00:54-05'00' ,�p,RYPGe JENNIFER L. EZERNACK Notary Public State of Texas i Notary Public ' • * STATE OF TEXAS GV P Notary I.D. 130561630 9jFoF� My Comm.Exp.Mar. 1,2024 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this 14th day of July, 2022, personally appeared Thomas E. Huth, Manager, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as its Manager and as the act of such Palladium East Berry, Ltd., a Texas limited partnership and for the purposes and consideration expressed in the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of July, 2022. Digitally signed by Avis F. Avis F.Chaisson Chaisson Date:2022.07.14 11:50:42-05'00' Notary Public, State of Texas A.il Fenced Gsfmn Q]mxidtlel.Y 1891fY159 Naary!die °4 ST0.1E Lff TE%h5 Aly Cdnm Eap.Mar f3.2U26 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev.03/01/2022 BN FT. WORTH, TX EXHIBIT "A" STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.03/01/2022 BN EXHIBIT A Page 1 of 4 DETENTION EASEMENT 52,016 Sq. Ft./1.194 Acres Part of Lot A,Block 1 of McDonald Branch Of Y.M.C.A. Addition And Part of Block 15 of Southport Addition City of Fort Worth,Tarrant County, Texas BEING a 1.194 acre parcel of land, situated in the City of Fort Worth, in the Samuel B. Hopkins Survey,Abstract No. 669 and the James Huie Survey, Abstract No. 799 of Tarrant County, Texas and being a part of Lot A, Block 1 of McDonald Branch of Y.M.C.A. Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof, recorded in Volume 388-55, Page 18, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and a part of Block 15 of Southport Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof,recorded in Volume 388-G, Page 10, P.R.T.C.T. and the consolidation of these two tracts of land being more particularly described by metes & bounds as follows: COMMENCING at a 1 inch iron rod found on the north right-of-way line of E. Berry Street South(90' wide public right-of-way) and the common line of said Hopkins and Huie Surveys, for the southeast corner of the above described Lot A, Block 1 of McDonald Branch of Y.M.C.A. Addition and the southwest corner of the above described Block 15 of Southport Addition; THENCE: North 00 deg. 44 min. 12 sec. West, departing from said E. Berry Street, along the common line of said Survey Abstract lines and said Lot A and said Block 15, a distance of 41.74 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "Easement Corner", set for the POINT OF BEGINNING; THENCE: Departing from said common line, over and across said Lot A, Block 1 as follows: North 78 deg. 37 min. 47 sec. West, a distance of 23.63 feet to a point for corner; North 71 deg. 41 min. 45 sec. West, a distance of 111.24 feet to a point for corner; North 57 deg. 10 min. 29 sec. West, a distance of 9.58 feet to a point for corner; 1 of 4 South 40 deg. 27 min. 40 sec. West, a distance of 66.01 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped"Easement Corner", set for the most southerly southeast corner of this parcel of land, on the south line of said Lot A, Block 1 and the north right-of-way line of said E. Berry Street South; THENCE: North 78 deg. 36 min. 40 sec. West, along the common line of said E. Berry Street South and Lot A, Block 1, a distance of 98.87 feet to a 1/2 inch iron rod,topped with a yellow plastic cap, stamped"Easement Corner", set for the southwest corner of this parcel of land; THENCE: Departing from said common line, over and across said Lot A, Block 1 as follows: North 17 deg. 07 min. 50 sec. East, a distance of 31.12 feet to a point for corner; North 72 deg. 12 min. 28 sec. East, a distance of 49.27 feet to a point for corner; North 42 deg. 39 min. 15 sec. East, a distance of 34.02 feet to a point for corner; North 57 deg. 10 min. 29 sec. West, a distance of 38.00 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped"Easement Corner" set for corner; North 32 deg. 49 min. 31 sec. East, a distance of 84.06 feet to a point for corner; North 57 deg, 10 min. 29 sec. West, a distance of 28.18 feet to a point for corner; North 32 deg. 49 min. 31 sec. East, a distance of 91.76 feet to a point for corner; North 79 deg. 40 min. 10 sec. East, a distance of 13.68 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped"Easement Corner" set for the most northerly northwest corner of this parcel of land; South 53 deg. 29 min. 12 sec. East, continuing across said Lot A, Block 1, at a distance of 176.91,passing the common'Survey Abstract line, the east line of said Lot A, Block 1 and the west line of said Block 15 and continuing across said Block 15 for a total distance of 247.22 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "Easement Corner" set for the northeast corner of this parcel of land; THENCE: South 00 deg. 49 min. 22 sec. East, continuing across said Block 15, a distance of 108.06 feet to a point for corner on the northern line of that certain Reserved For Street parcel, as shown on the above described plat recorded in Volume 388-G, Page 10, P.R.T.C.T.; 2 of 4 THENCE: North 67 deg. 25 min. 03 see. West, continuing across said Block 15 and along the northern line of said Street Reservation, a distance of 61.13 feet to a point for corner; THENCE: South 00 deg. 44 min. 12 sec. East, a distance of 3 8.3 0 feet to the POINT OF BEGINNING and containing 52,016 square feet or 1.194 acres of land. Note: The bearings shown hereon are geodetic derived from GPS observations and measurements utilizing the StarNET RTK Network and is also referenced to City of Fort Worth Control Monument #6128. NAD83, Texas State Plane Coordinates, North Central Zone (4202). Prepared Under My Hand & Seal, OF This Sth Day of July, 2022. S Tt-*- , � 69 �f * ;t11 NRNffRRNffNRNNf NNNfNffff L. H. RINGLEY NNRfff R1f NNf NNNflf fRRNf 1N 4701 V..� le Lawrence H. Rin ey, RP.L.S. State of Texas,No. 4701 3 of 4 5' UTILITY ESMNT. / NOpK4N5 669 E� Vol. 388-55 P.R.T.0 TPg. 18— VINT Vol. 388 UTILITY E g. 10--'0� SoE BSRpC1 Nc 10' T.E.S.Co. ELECTRIC ESMNT. Z P.R.T.C.T. \ \ /,,/ p Vol. 3951, Pg. 406 Vol. 3951, Pg. 397 IU D.R.T.C.T. Vj Q L14 m /s Scale: 1"=100' �� oR199 > , \ J PaSiRa Part Of � 69`�LTS U) LOT A, BLOCK 1 lb \` ^ 4 10' UTILITY ESMNT. \ L1.pb � :Q' - 25' � `Vol. 388-G, Pg. 10 \~\ McDONALD BRANCH OF Y.M.C.A. 4t �, P.R.T.C.T. \ Vol. 388-55, Pg. 18 P.R.T.C.T. y ��`���' !— `✓�s, ``� y crasc4, / DETENTION BLOCK 15 POND 35' - EASEMENT SOUTHPORT ADDITION I,13 52,016 sq. Feet �� Vol. 388—G, P 10 1.194 Acres g' P.R.T.C.T. L6 � L4 L3 CIS (y RESERVED FOR STREET C1' Vol. 388-G, Pg. 10 E n r CIRS —� L2 ' r P.O.B. P.R.T.C.T. 17,;,R}j (90' Wide .,5 SrR --•���, CIRS c Oedlcoted Right SO - LINE TABLE °f-wUT�I 1° IRF P O�cM) LINE BEARING DISTANCE L1 N 00'4412 W 41.74 L2 N 78'37 47 W 23,63 L3 N 71°41'45" W 111.24' L4 N 57°10'29" W 9.58' L5 S 40°27 40 W 66.01' L6 N 78.36'40" W 98.87' EXHIBIT A L7 N 17°07'50" E 31.12' L8 N 72'12'28" E 49.27' PAGE 4 OF 4 L9 N 42'39'15' E 34.0 ' DETENTION POND EASEMENT L10 N 57°10 29 W 38.00 1-1 1 N 32.49'31" E 84.06' 52,016 Sq. Ft./I.194 Acres L12 N 57°10'29" W 28.18' Part of L13 N 32°49'31" E 91.76' L14 N 79°40'10" E 13.68' LOT A, BLOCK I of L15 S 53°29 12 E 247.22 McDONALD BRANCH L1 S 00'49'22" E 1 OF Y.M.C.A. ADDITION L1 L17 N 67°25'03" W 61.131.13' �,� OF ?, and 8 S 00*44'12" E 38.30' LEGEND �Q; G I S TFRF•„• BLOCK 15 P.O.C. = Point of Commencement L. H. RINGL� SOUTHPORT ADDITION .... .... .... .... P.O.B. = Point of Beginning Situated in Inst. = Instrument ...f..N..N.i......iH.-j: Samuel B. Hopkins Allen Survey,A-669 Cab. = Cabinet ',� 4701 P•: Vol. = Volume .o �; 4' James Huie Survey,A-799 Pg. = Page Q ';fg•S;Q, y� SI. = Slide City of Fort Worth D.R.T.C.T. = Deed Records, Tarrant County, Texas Tarrant County, Texas P.R.T.C.T. = Plat Records, Tarrant County, Texas CIRS = 1/2" Iron Rod Set with yellow plastic cap, stamped "Easement Corner" x CM = Controlling Monument REFERENCE BEARING: RINGLEY &ASSOCIATES, INC. SURVEYING-MAPPING-PLANNING Texas Firrn Registration No. 10061300 The bearings shown hereon are geodetic derived from GPS observations and s 14701 S. Tennessee 2) 42 126 texas 75069 measurements utilizing the StarNET RTK Network and is also referenced to City of Fort Worth Monument #6128. Texas State Plane Coordinates, NAD83, Drawn by Date Scale North Central Zone (4202). mad AAd 07/05/2022 1" = 100' A metes & bounds description of equal date accompanies this Easement Job I Title Sheet Exhibit. 2021-036 2021-036—SWFMA.DWG 1 4 of 4 EXH I BIT "B" DESIGN PLAN AND SPECIFICATIONS o w w I Q IU Zo o U� oLL- X N QW Q as � 0 x G W 3 O w cn Q I z� - w H V] z O � co o c Lai ch } :.•� W Z Z 0 � 0 o S w cn x / o w w QQ W LLI \ ✓ z \ 0 l NY U� ® W Z Z m o w F u w Z~ w Q <o� Z Qwo Ln'Q ocnQ 0 Z U w I Q 0 z M 7'" J �N a Q H Qw N N O Ln O Lo O Lf) O Lf) O LO (D (D (D (D (D (D (D co (D Lf) O N ------------ B�naalul5 IIB)l ,9k,$— L :Fanitauo� =8 OS 'BS+L'^}5 ( )0£'4l9 =,9£�j FLU' o r? 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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. STORMWATER FACILITY&RETAINING WALL MAINTENANCE AGREEMENT 9 Rev. 10/01/2020 L v n 3F a � E_ cn a� a� L U Z cn N cn C: a 7 cB d Z .. 0 O m cn w w w w w w w w cn cn cn cn cn cn cn 0 I — — — — — — — — — — — — — — — R WQ O O O O O O O O O O O O O O O O O ' LL U U U U U U U U U U U U U U U U U G cva o I I I I I I I W LL — O O O O O O O O O O O O O O O O O J L Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z � cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn } c� Qcn } } } } } } } } } } } } } } } } a �a 0 cu U US LL �° ai cn o Q W cn �i C.. 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