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Home My WebLink AboutContract 62072Date Received: 10/3/24 Time Received: 430 pm Permit No.: MAXI'�T24-007 City Secretary No.: 62072 SANITARY SEWER MAINTENANCE AGREEMENT This SANITARY SEWER MAINTENANCE AGREEMENT ("AgreemenY'), is made and entered into by and between, Vaquero Mitchell Blvd Partners, LP, a Texas limited partnership, 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 located at 3220 Mitchell Boulevard, Fort Worth, Tarrant County, Texas, 76105 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 desires to construct, manage, and maintain 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 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 ensure the 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 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 o61i ation is are r�hfiaatian of Landa��ner and its successors and assi�r�s. 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 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 recarded 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 Executed this _3_rd ___ day of October CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Date: Oct 2, 2024 Recommended By: c1/ B� :e (Oct 3, 2024 08:18 CDT) Approved as to Form and Legality: Richard �cCracken (Oct 2, 202413:54 CDT) Richard A. McCracken Sr. Assistant City Attorney ATTEST: Jannette S. Goodall City Secretary 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. Mf/QQ-4, Puuu Ouxu- Rebecca Diane Owen (Oct 2, 202413:58 CDT) Rebecca Owen Planning Manager Sanitary Sewer Maintenance Agreement 20 24 LANDOWNER Vaquero Mitchell Blvd Partners, LP, a Texas limited partnership By: Vaquero Ventures Management, LLC, a Texas limited liability company Its: General Partner By: W .A. Landreth,Jo,' Its: Manager Page S of8 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 2nd day of October by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LANDOWNER STA TE OF _J....._-e,�X-=-rA_,_.,)'------ COUNTY OF _"j�a�'<_'((}.._V\�X ___ _ dyB:;;;; ee (Oct 3, 2024 08:18 CDT) Notary Public, State of Texas § § BEFORE ME, the undersigned authority, a Notary Public in and for the State of _1....,,e--11t_"'p..""S.,__ ___ ,, on this day personally appeared W.A. Landreth, III, Manager, 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 Vaquero Mitchell Blvd Partners, LP, a Texas limited liability company, and in the capacity therein stated. �0 1'.h-GIYEN UNDER MY HAND AND SEAL OF OFFICE this __ �...,___ ___ day of�ft\Z:tMW .20�. KAILE'( MASSEY Notary ID /1134393262 My Commission Expires June 6, 2027 Sanitary Sewer Maintenance Agreement Vaquero Mitchell Blvd Partners, LP Notary Public, State of Page 6 of8 EXHIBIT "A" BEING ALL OF LOT 1, BLOCK 1, VAQUERO ACRES ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED UNDER 1NSTRUMENT NUMBER D223066576, OFFICIAL PUBLIC RECORDS OF TARR.ANT COUNTY, TEXAS. Sanitary Sewer Maintenance Agreement Page 7 of 8 Vaquero Mitchell Blvd Partners, LP EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS Sanitary Sewer Maintenance Agreement Page 8 of 8 Vaquero Mitchell Blvd Partners, LP . _ . . _ _ •..�C! 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