Loading...
HomeMy WebLinkAboutContract 52760-A1 Date Received: 05/20/2022 Permit No.: SWFMA-22-0029 Time Received: 10:59 AM City Secretary No.: 52760-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52760 STORMWATER FACILITY MAINTENANCE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52760, STORMWATER FACILITY MAINTENANCE AGREEMENT ("Amendment") is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter referred to as the ("City"), and Barney Holland Oil Company, a Texas corporation ("Landowner"). City and Landowner may be referred to herein collectively as the "parties" and individually as a"party." RECITALS WHEREAS, the City and Landowner made and entered into City Secretary Contract No. 52760 (the "Agreement") to authorize the use of on-site stormwater management facilities (the "Facility") to be constructed and maintained on a portion of Landowner's property; and WHEREAS,the Agreement was recorded with the property records of the Tarrant County as document No. D219211107 which is one and the same as City Secretary Contract 52760; and WHEREAS, Section 5 of the Agreement includes language which states that "no habitable building will be erected on the Property abutting [the Facility] that has a finished floor at an elevation less than two feet above the maximum depth of water in the Facility that would occur during a 100- year frequency flood"; and WHEREAS, Landowner has requested that this provision be removed since a building is planned to be built directly adjacent to the Facility which would contradict the language identified above; and OFFICIAL RECORD CITY SECRETARY Revised 03/01/2022 BN Page 1 of 5 FT. WORTH, TX WHEREAS, both parties agree that this requirement, although usually required for open drainage facilities where spill over could occur on property adjacent to the drainage facility,would not be applicable to this particular Facility since it is an underground stormwater detention facility with overflow designed to flow out onto an adjacent street; and WHEREAS, both parties agree that removing such requirement from Section 5 does not violate the City's current Stormwater rules and regulations; and WHEREAS, it is advisable to execute this Amendment to the Agreement to revise Section 5 in order to remove the sentence identified above. NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. Section 5 of the Agreement is hereby deleted in its entirety and replaced with the following: 5. Landowner covenants and agrees that while Landowner owns the Property,no habitable building will be erected within the drainage easement outlined on Exhibit A but the provisions of Section 7 of this Agreement will not preclude construction by Landowner or anyone else of surface improvements within the drainage easement that do not impede drainage or interfere with operation or maintenance of the Facility. 2. This Amendment shall be filed with the City Secretary as an amendment to the Agreement and also recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, Revised 03/01/2022 BN Page 2 of 5 heirs and any other successors in interests, including any property owners association. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the day of , 2022. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Revised 03/01/2022 BN Page 3 of 5 LANDOWNER: CITY- Barney Holland Oil r any. Dana Bur 19,20 Dana Burghdoff, By: Barney . Hofland, Jr., esi ent Assistant City Manager City of Fort Worth Date: May 19,2022 Date: Y 3 ZC 2 2— Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: May 18,2022 ATTEST: �°�ORr°0��d o a o 00�0, jj�o °�(� P. o 11 Contract Compliance Manager: Jannette S.Goodall(May 20,2022 07:09 CC (3 ° o o° o B signing I aclmowled e that I am the Jannette Goodall, d� °°°°o°o° y g g City Secretary far, EXIL* person responsible City of Fort Worth for the monitoring and administration of this contract, including Date: May 20,2022 ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: May 18,2022 OFFICIAL RECORD CITY SECRETARY Revised 03/01/2022 BN Page 4 of 5 FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on May 19, 2022 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson Nguyen o,�p.RY P(ie, BICH SON THI NGUYEN Date:2022.05.1917:04:22 z Notary Public Nguyen •®* STATE OF TEXAS -05'00' N,9�OFP Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 Notary Public, State of Texas STATE OF '�,X(�S § COUNTY OFT(_>,.CCI -T § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TelxoS , on this day personally appeared C 3."CA ((name of executor) , Pt'cS�c4ec�-4- (title of executor), known to 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 ofF--a(leU 14dland 0"1 c ?0P (Landowner's name), and in the capacity therein stated. JJ GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2) day of 20 9a No ry Public, State of ropar MEREDITH K MARINI g=,��;:nE Notary Public STATE OF TEXAS Notary 10 M 13315093-5 My Comm.Exp.June 11,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Revised 03/01/2022 BN Page 5 of 5