HomeMy WebLinkAboutContract 61576Date Received: 6/18/2024
Time Received: 8:15 a.m.
Permit No.: MAINT24-005
City Secretary No.: 61576
SANITARY SEWER MAINTENANCE AGREEMENT
This SANITARY SEWER MAINTENANCE AGREEMENT ("Agreement"), is
made and entered into by and between, GS Parks Wellington Venture, LLC, a Delaware
limited liability company, hereinafter referred to as "Landowner", and the City of Fort
Worth, a home -rule municipal corporation of the state of Texas, hereinafter referred to as
"City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property being a tract of
land located in the James Righly Survey, Abstract No. 1268, Tarrant County, Texas, being
all of Lots 1 and 2, Block A, Wellington, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the plat recorded in instrument number D224063015, Official
Public Records, Tarrant County, Texas (O.P.R.T.C.T.)., as more particularly described in
Exhibit "A" which is attached hereto and incorporated herein by reference (the "Property");
WHEREAS, the Landowner intends to develop the Property as depicted on the site
plan attached hereto as Exhibit "B" and incorporated herein by reference (the "Site Plan")
and as part of such development, the Landowner shall provide for the management of a
private sanitary sewer lift station (the "Facility") located on the property; and
WHEREAS, the City requires that the Facility, as shown on the Site Plan, be
constructed and maintained by the Landowner, its successors and assigns, the location and
dimensions of which shown on the Site Plan (the "Facility Property").
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:
OFFICIAL RECORD
Sanitary Sewer Maintenance Agreement CITY SECRETARY Page 1 of 8
GS Parks Wellington Venture, LLC FT. WORTH, Tx
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the Facility at no expense to the City of Fort Worth, in accordance with
the current standards then in force and effect in the City of Fort Worth.
Landowner shall ensure that the Facility is constructed in accordance with all
requirements of the Texas Commission on Environmental Quality, including,
Title 30 Texas Administrative Code Chapter 217. The Facility shall include all
pipes, pumps, wiring, structures, and improvements related to the operation of a
sanitary sewer lift station. Adequate maintenance shall mean good working
condition so that the Facility is performing its intended functions.
2. Landowner shall provide the City will as -built drawings of the lift station.
Landowner shall provide a shut-off valve on the private force main at the
property line. Landowner shall install odor control facilities on the Facility.
Landowner and its successor and assigns shall install and maintain signage on
the intruder -resistant fence installed around the lift station Facility that contains
the contact information, including telephone number, for the party responsible
for responding to emergencies. Landowner and its successors and assigns shall
provide the City with and notify the City of all changes to the name and contact
number for who the City should contact regarding the operation, maintenance,
and emergencies regarding the Facility.
3. The Landowner, its successors and assigns, shall require a third party to inspect
the Facility on an annual basis and submit an inspection report to the Landowner
to keep on file for a minimum period of three years. The purpose of the
inspections are to assure safe and proper functioning of the Facility.
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, if any.
4. The Landowner, its successors and assigns, hereby grant permission to the City,
and the City's authorized agents and employees, to enter upon the Property and
Sanitary Sewer Maintenance Agreement Page 2 of 8
GS Parks Wellington Venture, LLC
the Facility Property and to inspect the Facility whenever the City deems
necessary, and in any event upon 24 hours' prior written notice to the
Landowner. 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, with copies of the inspection findings and a directive
to commence with the repairs if necessary, whether mutually agreed upon by the
City and the Landowner or not.
5. In the event the Landowner, its successors and assigns, fail to maintain the
Facility in good working condition reasonably acceptable to the City and such
failure continues for a period of thirty (30) days after receipt of written notice
from the City, the City's authorized agents and employees may enter upon the
Facility Property and take reasonable steps 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 an obligation of Landowner and its successors
and assigns.
6. 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, or materials,
the Landowner and 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 and the City shall provide reasonable supporting
documentation of such costs with such invoice. In the event that Landowner or
its successors or assigns fail to pay the City for the costs incurred within such
thirty (30) day period, the City may file a lien upon the Property in the amount
of the cost of such work. Such lien shall be perfected by filing in the office of
the County Clerk of Tarrant County, Texas an affidavit identifying the property
Sanitary Sewer Maintenance Agreement Page 3 of 8
GS Parks Wellington Venture, LLC
to be charged with such lien, stating the amount thereof, and making reference
to this Agreement.
7. This Agreement imposes no liability of any kind whatsoever on the City.
LANDOWNER AND IT SUCCESSORS AND ASSIGNS AGREE TO
HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE
EVENT THE FACILITY FAILS TO OPERATE PROPERLY.
LANDOWNER AND ITS SUCCESSORS AND ASSIGNS COVENANT
AND AGREE AND DO 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 ITS SUCCESSOR AND ASSIGNS TO
ADEQUATELY MAINTAIN THE FACILITY IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT.
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 interest.
[SIGNATURE PAGE TO FOLLOW]
Sanitary Sewer Maintenance Agreement Page 4 of 8
GS Parks Wellington Venture, LLC
Executed this 18th dayof June
CITY OF FORT WORTH
Oana doAA
DanaDana Eurgh 202417:22 CDT)
Dana Burghdoff
Assistant City Manager
Date: J u n 17, 2024
Recoinmeraded By:
Drocke Bonnell (Jun W, 2C24 15:51 CDT)
Approved as to Form and Legality:
-g:2,—
Richare;:.icCmcken (Jon 17, 202415:58 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
Date: J u n 17, 2024
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ATTEST: pO!°°°°° °° `� ap
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Januette S. Goodall
City Secretary
Date: J u n 18, 2024
Sanitary Sewer Maintenance Agreement
GS Parks Wellington Venture, L IX
2024
LANDOWNER
GS Parks Wellington Venture, LLC, a
Delaware limited liability company
By: GS Wellington Manager, LLC,
a Delaware limited liability
company
Its manager
By: JR Thulin
Its: Vice President
Date:
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
requirements.
,�, ��
Rz�zc<a Orrin (Jun 17, 2024 3E:03 CDT)
Rebecca Owen
Planning Manager
Date: Jun 17, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 5 of 8
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 17th, 2024 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
n Gam,
Notary Public, State of Texas
o�Pava�e' BROOKE BONNELL
= o Notary Public
+ ,r STATE OF TEXAS
LANDOWNER , "9j�GoFV�+Py Notary ID. 134009525
My Comm. Exp. Oct. 11, 2026 '
STATE OF l ex Ct/�// §
COUNTY OF a 1A §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared JR Thulin, Vice President. known to me
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 of GS Parks Wellington Venture. LLC, a Delaware limited liability
company, and in the capacity therein stated. /
1VEN UNDER MY HAND AND SEAL OF OFFICE this / day
of u.i1 to , 20 Z
& v� -L
,��PY p48 TINA MARIE CASE Notary Public, State of
i�'n Notary Commission
Exp47
ires
N My Commission Expires
�yTfaFt�'r June 27, 2026
Sanitary Sewer Maintenance Agreement Page 6 of 8
GS Parks Wellington Venture, LLC
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
BEING A TRACT OF LAND LOCATED IN THE J. RIGHLY SURVEY, ABSTRACT No.
1268, TARRANT COUNTY, TEXAS, BEING ALL OF LOTS 1 AND 2, BLOCK A,
WELLINGTON, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT
NUMBER D224063015, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS,
(O.P.R.T.C.T.)
Sanitary Sewer Maintenance Agreement Page 7 of 8
GS Parks Wellington Venture, LLC
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
Sanitary Sewer Maintenance Agreement Page 8 of 8
GS Parks Wellington Venture, LLC
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CAUTION I I
EASTING UTILITIES ARE INDICATED ON THE
PLANS FROM AVAILABLE INFORMATION. IT
SWILL BE THE RESPONSIBILITY OF THE
CONTRACTOR TO VERIFY THE LOCATION OF
ALL UTILITIES, TO NOTIFY ALL UTILITY
COMPANIES OF THE CONTRACTORS OPERATIONS,
TO PROTECT ALL UTILITIES FROM DAMAGE,
TO REPAIR ALL UTILITIES DAMAGED DUE TO THE
CONTRACTORS OPERATIONS, AND TO NOTIFY
THE ENG9EER PROMPTLY OF ALL CONFLICTS
OF THE WORK WITH EASTING UTILITIES.
LEGEND
PRIVATE 6' FORCE MAIN
SERVING LOT 1
PRIVATE 6' FORCE MAIN
SERVING LOT 2
PRIVATE SANITARY
SEWER MAIN
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LOT 2 PRIV. LIFT
STATION
SERVING LOT 21
0 100 200 300
\\ LOT 1
PRIV. LIFT >O`
STATION
SERVING LOT 1
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