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Home My WebLink AboutContract 62324Date Received: 11/18/2024 Time Received: 9.38 a.m. Permit No.: MAINT24-002 City Secretary No.: 62324 SANITARY SEWER MAINTENANCE AGREEMENT This SANITARY SEWER MAINTENANCE AGREEMENT ("Agreement"), is made and entered into by and between SP White Ft. Worth JV, 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 described as an approximately 40.6 acre tract located at 5301 East Pt Street, Fort Worth, Tarrant County, Texas, 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 CITY SECRETARY FT. WORTH, TX Sanitary Sewer Maintenance Agreement Page 1 of 8 SP White Ft. Worth ,TV, LLC 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 inspect the Facility and submit an inspection report to the City on an annual basis. The purpose of the inspection is 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 grants permission to the City, its authorized agents and employees, to enter upon the Property and the Facility Property and to inspect the Facility whenever the City deems necessary Sanitary Sewer Maintenance Agreement Page 2 of S SP White Ft. Worth JV, LLC 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, 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 SP White Ft. Worth ,N, 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, unless caused by the City's negligence or willful misconduct. THE THEN - CURRENT LANDOWNER AGREES 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 THE THEN -LANDOWNER OF THE FACILITY PROPERTY 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 interests [SIGNATURE PAGE TO FOLLOW] Sanitary Sewer Maintenance Agreement Page 4 of 8 SP White Ft. Worth JV, LLC Executed this 17th day of November CITY OF FORT WORTH Dana &—r--ghdoAc Dana Burghdoff (Nov 1 , 202412:24 CST) Dana Burghdoff Assistant City Manager Date: Nov 17, 2024 Recommended By: wen v Beandslee Wendy Beards ee (Nov 14, 2024 09:10 CST) Approved as to Form and Legality: Richard McCracken (Nov 15, 202416:03 CST) Richard A. McCracken Sr. Assistant City Attorney nn� ATTEST: PsE�p°°�;��° �o od Pao �=a Q�.l.nszltn. �j a°anb�Ep654 Jannette S. Goodall City Secretary 20 24 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. R-4'- G61i rib LJZB' oGI &tt' Rebecca Diane Owen (Nov 15, 202416:05 CST) Rebecca Owen Planning Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Sanitary Sewer Maintenance Agreement SP White Ft. Worth JV, LLC Page 5 of 10 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the 17th of November by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. O�gRYPUWENDY L BEARDSLEE . z Notary Public * * STATE OF TEXAS Notary I.D. 13323719-3 9�OF� My Comm. Exp. July 28, 2025 ' Gvm�(61ee Notary Public, State of Texas Sanitary Sewer Maintenance Agreement SP White Ft. Worth JV, LLC Page 7 of 10 LANDOWNER SP While ht. Worth JV, LLC, a Delaware limited liability cornpany By: ET Dallag V. LP, 'ts sole member B : ET Dallas V, LP, LC, its general p�[ner kts: 4anager Date: P113 2 LANDOWNER STATE OF tinur 1 § COUNTY OF �� L § BEFORE ME, the undersigned authority, a NIn-co, ry Public in and for the State of m6sc) �1 , on this day personally appeared 6. VOmAr-�- (name), A (Ana —�W (title), 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 forthepurposes and consideration therein expressed, as the \act and deed of SI W111�re. .wmr�� J �% LLO— (entity), a A� 4 b�Y�i �'�� t ��,%?gn Hentit type) and in the capacity therein stated. I GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of %AA61cf , 201�-- MISTI MCKINLEY Notary Public - Notary Seal St Louis County - State of Missouri Commission Number 13417907 My Commission Expires Apr 8, 2027 Sanitary Sewer Maintenance Agreement SP White Ft. Worth JV, LLC Notary Public, State of Kaou.6 Page 6 of S EXHIBIT "A" INSERT LEGAL DESCRIPTION Sanitary Sewer Maintenance Agreement Page 7 of 8 SP White Ft. Worth ,N, L,L.0 SANITARY SEWER MAINTENANCE AGREEMENT Lot 2, Block 1, East First Addition James Blackwell Survey, Abstract No. 148 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 1.241 acre (54,076 square foot) tract of land situated in the James Blackwell Survey, Abstract No. 148, City of Fort Worth, Tarrant County, Texas; and being part of Lot 2, Block 1, East First Street Addition, an addition to the City of Fort Worth, according to the plat recorded in Instrument No. D223051789 of the Official Public Records of Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to SP White Ft. Worth JV, LLC, recorded in Instrument No. D222211692 of said Official Public Records; said 1.241 acre tract being more particularly described as follows: (bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on July 8, 2022 with a combined scale factor of 1.00012); BEGINNING, at a 1/2-inch iron rod found at an ell corner in the east line of said Lot 2, Block 1, and the northwest corner of Lot 1, Block 1, Arc Park Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-176, Page 67 of said Official Public Records; THENCE, South 43 degrees, 50 minutes, 54 seconds West, departing said east line of the Lot 2, Block 1, a distance of 103.69 feet to a point for corner; THENCE, South 01 degrees, 09 minutes, 06 seconds East, a distance of 49.52 feet to a point for corner; THENCE, North 88 degrees, 50 minutes, 54 seconds East, a distance of 2.50 feet to a point for corner; THENCE, South 01 degrees, 09 minutes, 06 seconds East, a distance of 20.00 feet to a point for corner; THENCE, South 88 degrees, 50 minutes, 54 seconds West, a distance of 9.39 feet to a point for corner; THENCE, South 43 degrees, 50 minutes, 54 seconds West, a distance of 102.68 feet to a point for corner; THENCE, South 01 degrees, 09 minutes, 06 seconds East, a distance of 950.26 feet to a point for corner; THENCE, South 88 degrees, 51 minutes, 31 seconds West, a distance of 810.54 feet to a point for corner; THENCE, North 01 degrees, 00 minutes, 22 seconds West, a distance of 15.00 feet to a point for corner; THENCE, North 88 degrees, 51 minutes, 31 seconds East, a distance of 795.50 feet to a point for corner; THENCE, North 01 degrees, 09 minutes, 06 seconds West, a distance of 941.47 feet to a point for corner; THENCE, North 43 degrees, 50 minutes, 54 seconds East, a distance of 1 D8.89 feet to a point for corner, - THENCE, North 01 degrees, 09 minutes, 06 seconds West, a distance of 9.39 feet to a point for corner; THENCE, North 88 degrees, 50 minutes, 54 seconds East, a distance of 2.50 feet to a point for corner; THENCE, North 01 degrees, 09 minutes, 06 seconds West, a distance of 55.68 feet to a point for corner; THENCE, North 43 degrees, 50 minutes, 54 seconds East, a distance of 116.23 feet to a point for corner, from which a 1/2-inch iron rod with a yellow cap found for the northwest corner of said SP White tract bears; North 00 degrees, 58 minutes, 37 seconds West, a distance of 34.99 feet; South 89 degrees, 01 minutes, 23 seconds West, a distance of 1,594.60 feet; THENCE, North 89 degrees, 01 minutes, 23 seconds East, a distance of 1,560.78 feet to a point for corner; THENCE, South 45 degrees, 58 minutes, 37 seconds East, a distance of 21.21 feet to a point for corner in a south line of said Lot 2, Block 1, and the north line of that tract of land described in Dedication Deed to the City of Fort Worth, recorded in Volume 12871, Page 510, of said Official Public Records; Page 1 of 5 SANITARY SEWER MAINTENANCE AGREEMENT Lot 2, Block 1, East First Addition James Blackwell Survey, Abstract No. 148 City of Fort Worth, Tarrant County, Texas THENCE, South 89 degrees, 01 minutes, 23 seconds West, passing at a distance of 60.51 feet, a 1/2-inch iron rod with red cap stamped "Gateway" found for the northwest corner of said City of Fort Worth tract and the northeast corner of said Lot 1, Block 1, continuing along the said south line of said Lot 2, Block 1, and the said north line of said Lot 1, Block 1, a total distance of 1,509.09 feet to the POINT OF BEGINNING; CONTAINING: 54,076 square feet or 1.241 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. 02/19/2024 Michael Larry Lewis, J�. Date Registered Professiona�'Land Surveyor No. 5773 Pacheco Koch Consulting Engineers, Inc. 4060 Bryant Irvin Road, Fort Worth, TX 76109 (817) 412-7155 TX Reg. Surveying Firm LS-10008001 4750-21.280EX3_Legal. d oc 4750-21.280EX3.dwg MAJ Page 2 of 5 s ICHAEL LARRY LEWIS, JF ��5773 a�P o ssly ` S li t� EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS Sanitary Sewer Maintenance Agreement Page 8 of 8 SP White Ft. Worth JV, LLC TEXAS ELECTRIC SERVICE COMPANY (VOL. 4213, PG. 422) S 89'01'23' W 1594.60' _ N 43'50'54" E 1/2-INCH 116.23' IRON ROD FOUND W/ YELLOW N 01'09'06" W CAP (C.M.) 55.68' a J � �0 ! w o H V < L � ¢ a- L5� a y N 43'50'54" E o J 108.89 H O Ld ! 15' PRIVATE SANITARY 1. \ � SEWER EASEMENT \ 1.241 ACRES 0100 \ (54,076 SF) \ JN 00'55'37' W �1sa.s9' N 89'01'23" E S 89'01'23 W 1/2—INCH IRON ROD FOUND (C.M.) POINT OF BEGINNING r�IS 43'50'54" W 1103.69' 43'50' 54" W 02.68' M 01'09'06" E r raI 1560.78' F- 1509.09' I = N ' W N ' W z ■ _ I~ a LOT 1, BLOCK 1 I ARC PARK ADDITION (VOL. 388-176, PG. 67) LIWE TABLE L//VE BEAR//VG LENGTH LOT 2, BLOCK 1 3 \ W L1 N 88'50'54" E 2.50' EAST FIRST STREET ADDITION e L2 S 01'09 06 E 20.00' (INST. NO. D223051789) o \ o { m \ m L3 S 88'50'54" W 9.39' SP WHITE FT. WORTH o \ 9 " JV, LLC O T— L5 N 01'09'06 W 9,39 (INST. N0. D222211692) cl Z \ N L6 N 88'50'54" E 2.50' MATCH LINE (SEE SHEET 4) NOTES.- -0 50 100 200 1. A metes and bounds description of even survey date herewith accompanies this plot of survey. GRAPHIC SCALE IN FEET 2. Bearing System for this survey Is based on the LEGEND Texas Coordinate System of 1983 (2011 — — PROPERTY LINE adjustment), North Central Zone 4202, based EASEMENT LINE on observations made on July 8, 2022 with a O POINT FOR CORNER combined scale factor of 1.00012. (UNLESS OTHERWISE NOTED) (C.M.) -- CONTROLLING MONUMENT TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 Westwood.OR17.4112.7`11.. 500 T1 O H, TX 76102 2 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER o MAJ MLL 1"=100 FEB. 2024 4750-21.280 2 SANITARY SEWER MAINTENANCE AGREEMENT PART OF LOT 2, BLOCK 1 EAST FIRST STREET ADDITION LOCATED IN THE CITY OF FORT WORTH, TEXAS AND BEING OUT OF THE JAMES BLACKWELL SURVEY, ABSTRACT NO. 148 TARRANT COUNTY, TEXAS PAGE 3 OF 5 MATCH LINE (SEE SHEET 3) Elko � L//YE TABLE 15' PRIVATE SANITARY N LIME BEARING LEA(GTH SEWER EASEMENT \ o 1.241 ACRES \ rn L4 N 01'00'22" W 15.00' (54,076 SF) 3 \ W LOT 2. BLOCK 1 0 EAST FIRST STREET ADDITION rn o (INST. NO. D223051789) Q a� SP WHITE FT. WORTH JV, LLC z \ (INST. NO. D222211692) \ N N 88'51'31" E 795.50' \ S 88'51 31 " W 810.54' EAST 1ST STREET (A VARIABLE WIDTH RIGHT-OF-WAY) "00"N v 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND - - - PROPERTY LINE EASEMENT LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT NOTES: 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on July 8, 2022 with a combined scale factor of 1.00012. a SANITARY SEWER TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 MAINTENANCE AGREEMENT a N 50o W 7TH 5T. PART OF LOT Z BLOCK 1 EAST FIRST STREET ADDITION Westwood.17.4112.711.5RWORTH, TX 76102 _ FORT LOCATEDBEINGAND OAi4lES WORTH. TEXAS N our oRF THE SURVEY, ABSTRACT NO. 148 w DRAWN BY CHECKED BY SCALE DATE JOB NUAfBER TEXAS T�PAGE E4 MAJ I MLL I 1"=100' FEB. 2024 I 4750-21.280 O IIIIIII� H ' W W 0 ` LOT 2, BLOCK 1 EAST FIRST STREET ADDITION TEXAS ELECTRIC SERVICE COMPANY (INST. NO. D223051789) (VOL. 4213, PG. 422) S 45*58'37" E W N 89'01'23" E N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 4\ \ \ \ \ \ `-' `S 89001'23" W z 1 15' PRIVATE SANITARY =1 I SEWER EASEMENT = 1.241 ACRES 1560.78' q- 001 21.21' 1509.09 60.51 1/2—INCH IRON ROD W/RED GATEWAY CAP FOUND U I (54,076 SF) LOT 1, BLOCK 1 j Q CITY OF FORT WORTH LEGEND — — — -- PROPERTY LINE EASEMENT LINE 0 POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C:.M.) — CONTROLLING MONUMENT The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. ARC PARK AUDITION (VOL. 388-176, PG. 67) MICHAEL LARRY LEi8', JI �5773 ....................... ✓� 02/19/2024 n � Michael Larry Le is, Jr. Date o Registered Professional TX REG. ENGINEERING FIRM F-11756 Land Surveyor Na. 5773 TX REG. SURVEYING FIRM LS-10074301 500 W 7TH ST, Westwood FORT WORTH, TX 76102 N 817.412.79 55 w DRAfS7V BY CHECKED 8Y SCALE GATE J08 IVUAd9ER z MAJ MLL 1"=100' FEB. 2024 4750-21.280 (VOL. 12871, PG. 510) 0 50 100 200 NOTES: GRAPHIC SCALE IN FEET 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on July 8, 2022 with a combined scale factor of 1.00012. SANITARY SEWER MAINTENANCE AGREEMENT PART OF LOT 2, BLOCK 1 EAST FIRST STREET ADDITION LOCATED IN THE CRY OF FORT WORTH. TEXAS AND BEING OUT OF THE JAMES BLACKWELL SURVEY, ABSTRACT NO. 148 TARRANT COUNTY, TEXAS PAGE 5 OF 5