HomeMy WebLinkAboutContract 63047Date Received: 4/4/2025 Permit No.: SWFMA-25-0009
Time Received: 7:19 a.m. City Secretary No.: 63047
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of April
2025, by and between TEXAS CHRISTIAN UNIVERSITY, a Texas nonprofit
corporation acting by and through William J. Nunez, its duly authorized Vice Chancellor
for Finance and Administration, hereinafter referred to as "Landowner", and the City of
Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as a
0. 13 65 acre (5,947) square foot tract of land situated in the M. J. Arocha Survey, Abstract
No. 2, City of Fort Worth, Tarrant County, Texas, said tract being part of Lots 8, 9, and
17, Block 12, Forest Park Addition, said tract also being part of Lot 1, Block 9, TCU
Addition, said tract also being a part of a right-of-way abandonment recorded in
Ordinance No. 27257-10-2024 an addition to the City of Fort Worth, according to the
deed recorded in Document No. D195231928, Deed Records and according to the plat
recorded in the Plat Records, Volume 310, Page 49 of the Plats Records, both of Tarrant
County, Texas, hereinafter called the "Property";
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Endeavor TCU Mixed -Use Tract E,
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City and the Landowner provides for management of storm water within
the confines of the Property; and;
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev. 03/01/2022 BN
FT. WORTH, TX
that on -site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
WHEREAS, the City requires that on -site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns, the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and
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:
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the on -site Stormwater Management Facility ("Facility") at no
expense to the City of Fort Worth in accordance with the design specifications
for the Facility, attached as Exhibit "B", and the current standards then in force
and effect in the City of Fort Worth and with the Operations and Maintenance
Plan attached to this Agreement as Exhibit "C". The Stormwater Facility
includes all pipes, channels or other conveyances built to convey Stormwater
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that these facilities are performing
their design functions. The Stormwater Structural Control Maintenance
Checklists, attached to this Agreement as Exhibit "D", are to be used to
establish what good working condition is acceptable to the City.
2. The Landowner, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to ensure the safe and proper functioning of the Facility. The inspection
shall cover the entire Facility, berms, outlet structure, pond areas, access roads,
etc. Components of the Facility, which need maintenance or replacement to
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
perform their design function, shall be noted in the inspection report along with
the corrective actions to be taken.
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to
inspect the Facility Property whenever the City deems necessary. 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.
4. In the event the Landowner, its successors and assigns, fail to maintain the
Facility in good working condition as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessary 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 Landowner's.
5. 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, materials,
and the like, the Landowner, 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. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES 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 ANY FUTURE OWNERS OF THE
ABOVE FACILITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF
THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3)
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA
TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS
HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected
within the boundaries of the Property in which the Facility is located as
outlined on Exhibit "A" but this paragraph shall not preclude construction of
other improvements within the boundaries of the Property in which the Facility
is located, which do not impede drainage. Landowner covenants and agrees
that no habitable building shall be erected on the above property abutting such
boundaries of the Property in which is Facility is located, which shall have a
finished floor at an elevation less than two feet above the maximum depth of
water in the detention pond which would occur during a 100-year frequency
flood.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owner's association.
Executed this 4th day of April
CITY OF FORT WORTH
cv v
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date:Apr 1, 2025
Approved as to Form and Legality:
By: Matthew Murray
Senior City Assistant Attorney
City Attorney's Office
Date: Mar 24, 2025
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Jannette S. Goodall
City Secretary
Date: Apr4, 2025
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
2025.
LANDOWNER
TEXAS CHKXTIAN U IVERSITY
a Texas nev rofit corn nation
By: Willi J. nez
Its: Vice Chancellor for Finance and
Administration
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.
ICajl ice MekYick
Kandice Merrick (Mar 25, 2025 11:29 CDT)
Kandice Merrick
Planning Manager
Date: Mar25,2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX 5
STATE OF TEXAS §
COUNTY OF TARRANT
This instrument was acknowledged before me on April 1st, 2025 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the
City of Fort Worth.
<PaYP� KATHLEEN BRADFORD
of Notary Public
STATE OF TEXAS
Notary I.D. 12197197
"FoF P My Comm. Exp. Apr. 12, 2027
LANDOWNER
STATE OrfP0 Y ck5
COUNTY OF��
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a N t ry IPublic in and for the State of
on this day ersonally appeared I t `U-Ak-- • NIu VLCZ--'
�eL �1 �Vl�i�.`�b�C `t11' O&Y\U, (title), known to me to be the
Ai��YrtiaIA-\,
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the and consideration therein expressed, as the
act and deed of�-hM UANeh (entity), a
KM (entity type) and in the capacity therein
stated. 1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this l day
of2016 .
Notary Publi State of '� S
Notify Pubk State of Texas
100 WOW
MyCommi "Expires
November 12, 202T
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/01/2022 ON
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11 /17/2016
LEGAL DESCRIPTION
BEING a 0.1365 acre (5,948 square foot) tract of land situated in the M.J. Arocha Survey, Abstract No. 2, City of Fort
Worth, Tarrant County, Texas, said tract being part of Lots 8, 9 and 17, Block 12, Forest Park Addition, an addition to
the City of Fort Worth according to the plat recorded in Volume 310, Page 49 of the Plat Records, Tarrant County,
Texas; said tract also being part of Lot 1, Block 9, TCU Addition, an addition to the City of Fort Worth according to the
plat recorded in Cabinet A, Page 4484 of said Plat Records, Tarrant County, Texas-, said tract also being a part of a
right-of-way abandonment recorded in Ordinance No. 27257-10-2024 of the Official Public Records of Tarrant
County, Texas; said tract being more particularly described as follows:
COMMENCING at the southeast corner of said Lot 17; said point being in the west right-of-way line of Greene
Avenue (a 50-foot wide right-of-way);
THENCE North 00°22'04" West, along the said west right-of-way line of Greene Avenue, a distance of 32.33 feet to
the POINT OF BEGINNING;
THENCE South 89038'07" West, departing said west right-of-way line of Greene Avenue, a distance of 264.98 feet to
a point for corner;
THENCE North 00°21'53" West, a distance of 17.84 feet to a point for corner in the north line of said right-of-way
abandonment;
THENCE North 89°38'07" East, along said north line of the right-of-way abandonment, a distance of 2.98 feet to a
point for corner; said point being the northeast corner of said right-of-way abandonment; said point also being in the
east right-of-way line of Cockrell Avenue (a variable width right-of-way);
THENCE North 00°22'04" West, along said east right-of-way line of Cockrell Avenue, a distance of 4.66 feet to a
point for corner;
THENCE North 89°38'07" East, departing said east right-of-way line of Cockrell Avenue, a distance of 262.00 feet to
a point for corner in said west right-of-way line of Greene Avenue;
THENCE South 00°22'04" East, along said west right-of-way line of Greene Avenue, a distance of 22.50 feet to the
POINT OF BEGINNING and containing 5,948 square feet or 0.1365 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement described.
03110121025
STANLEY CRAWFORD RUSSELL
REGISTERED PROFESSIONAL
..................................
DRAINAGE EASEMENT
M.J. AROCHA SURVEY,
ABSTRACT No. 2
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 7080 STANLEY CRAWFORD RUSSELL
801 CHERRY STREET, Kimlev*Horn
UNIT 11 SUITE 1300 �, 7080 P;
�,9• oFF 10`' •per
FORT WORTH, TEXAS 76102 /'j •• s S `,.••' 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511 O ••$ uRv Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-horn.conn
Scale Drawn by Checked by Date Project No. Sheet No.
StanC.Russell@Kimley-Horn.com N/A CDP SCR 3/10/2025 068588074 1OF3
RUSSELL, STAN C 3/10/2025 10:24 AM \\KIMLEY-HORN\CN FTW\FTW SURVEY\068588074-TCU\DWG\EX,ilBITS\068588 74-TCU LOT 4 SWFl G
LOT 1, BLOCK 9
TCU ADDITION
(CAB. A, PG. 4484)
TEXAS CHRISTIAN UNIVERSITY
(VOL. 7962, PG. 825)
(VOL. 12204, PG. 1991)
0.1365 ACRES
5,948 SQ. FT.
8 '38'07"W 264.98'
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
IRSC =IRON ROD FOUND W/ CAP
STAMPED "KHA"
NORTH
0 10 20
GRAPHIC SCALE IN FEET
GREENE AVENUE
(A 50-FOOT WIDE RIGHT-OF-WAY)
LOT 17, BLOCK 12
FOREST PARK ADDITION
(VOL. 310, PG. 49)
TEXAS CHRISTIAN UNIVERSITY
(VOL. 12204, PG. 2003)
LOT 16
TEXAS CHRISTIAN UNIVERSITY
(VOL. 16589, PG. 91)
NOTES:
P.O.B. -
N:6942963.30
E:2319915.17
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
L
ih
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the easement tract.
0311012025
STANLEY CRAWFORD RUSSELL
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 7080
�Q.•�G�STERF.,
3TANLEY CRAWFORD RUSSELL
DRAINAGE EASEMENT
M.J. AROCHA SURVEY,
ABSTRACT No. 2
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
801 CHERRY STREET, ••••••••••••••••••••••••••••••••••
UNIT 11 SUITE 1300 �0 7080 �P;� Kimlev*Horn
FORT WORTH, TEXAS 76102 9 Fs s ; ° •' 0 801t,11, # 1300 / Tel. No. (817) 335-6511
�%••....
PH. 817-335-6511 $ uR Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-horn.conn
Scale ra Dwn by Checked by Date Project No. Sheet No.
StanC.Russell@Kimley-Horn.com 1"=20' CDP SCR 3/10/2025 1 068588074 2OF3
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LEGEND
NORTH
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING 0 10 20
IRF = IRON ROD FOUND
IRSC =IRON ROD FOUND W/ CAP
STAMPED "KHA" GRAPHIC SCALE IN FEET
LOT 9, BLOCK 12
FOREST PARK ADDITION
(VOL. 310, PG. 49)
TEXAS CHRISTIAN UNIVERSITY
(VOL. 15333, PG. 227) D
I �
N89° 8'07"E 262.00' C7
2
j r_
m
m
/0.1365 ACRES m
/ 5,948 SQ. FT. cn
LOT 8, BLOCK 12
FOREST PARK ADDITION
(VOL. 310, PG. 49)
TEXAS CHRISTIAN UNIVERSITY
(VOL. 16590, PG. 3)
LOT 7
TEXAS CHRISTIAN UNIVERSITY
(INST. No. D212236237)
LINE TABLE
NO. BEARING LENGTH
L1 N00°21'53"W 17.84'
L2 N89°38'07"E 2.98' DRAINAGE EASEMENT
L3 Noo°22'04"W 4.66' M.J. AROCHA SURVEY,
ABSTRACT No. 2
L4 Soo°22'04"E 22.50' CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev)))Horn
801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-horn.conn
Scale Drawn by Checked by Date Project No. I Sheet No.
1" = 20' CDP SCR 3/10/2025 068588074 3 OF 3
RUSSELL, STAN C 3/10/2025 10:24 AM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\068588074-TCU\DWG\EX.IIBITS\068588 74-TCU_LOT 4_SWFMA.D G
EXHIBIT "B"
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND
MAINTENANCE PLAN FOR UNDERGROUND FACILITIES
The only responsibility the City of Fort Worth has in the operation and maintenance of this
Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all times by
removing and preventing drainage interference, obstructions, blockages, or other adverse
effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the facilities
storage volume is reduced by more than 10%. Silt shall be removed and the facility returned
to original working condition of the lines and grades shown on the approved engineering
plans. In addition, corrective measures are required any time a facility does not drain
completely within 72 hours of cessation of inflow. NO STANDING WATER IS
ALLOWED in the underground facility designed for dry detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary
to maintain proper operation of the facility. Disposal shall be in accordance with federal,
state and local regulations.
To prevent debris from entering and clogging the downstream storm sewer system a wire
mesh screen or similar screening device shall be installed over the outlet until final
acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
Visual inspections of all components will be conducted every 6 months.
A log shall be kept of maintenance actions, and inspections. The log should
document the condition of the detention system's primary components, silt, litter
and debris removal dates.
• Written maintenance and repair records shall be maintained by the party or
parties signing the attached Agreement and shall be provided to the City upon
request.
STORMWATER UNDERGROUND FACILITY MAINTENANCE AGREEMENT
FORT WO RT H Fort Worth °CS
Stormwater
Management
" EXHIBIT D"
STORMWATER UNDERGROUND DETENTION FACILITY MAINTENANCE CHECKLIST
FREQUENT INSPECTION
Inspection Item: Date: Repairs Required: Repairs Made: Notes:
Remove: Trash and
Debris
Remove: Grass
Clippings, Leaves, Etc.
MINOR INSPECTION:
Inspection Item: Date: Repairs Required: Repairs Made: Notes:
Condition of
Underground Facility
Amount of Silt in
Facility
Amount of Ponded
Water in Facility
MAJOR INSPECTION:
Inspection Item: Date: Repairs Required: Repairs Made: Notes:
Type / Condition of
Outfall Structure
Size and Condition of
Outfall Pipe
Evidence of Roots
Infiltrating the Facility
Evidence of
subsidence around
facility