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