HomeMy WebLinkAboutContract 63268Date Received: 5/14/2025
Time Received: 8:11 a.m.
Permit No.: MAINT25-003
City Secretary No.: 63268
SANITARY SEWER MAINTENANCE AGREEMENT
This SANITARY SEWER MAINTENANCE AGREEMENT ("Agreement'), is
made and entered into, by and between Eagle Mountain -Saginaw ISD, a Texas
independent school district, 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 83.502 acre tract located at 1600 Mustang Rock Road, 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 I of 9
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 sliall include all
pipes, pumps, wiring, structures, and improvements related to the operation of
a sanitary sewer lift station. Adequate maintenance sliall mean good working
condition so that the Facility is performing its intended functions.
2. Landowner sliall provide the City with as -built drawings of the lift station.
Landowner shall provide a shut-off valve on the private force main at the
property line. Landowner sliall install odor control facilities on the Facility.
Landowner and its successor and assigns sliall install and maintain signage on
the intruder -resistant fence installed around the lift station Facility that contains
the contact information, including teleplione number, for the party responsible
for responding to emergencies. Landowner and its successors and assigns sliall
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, sliall 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, sliall 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 9
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
fiom 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 9
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 Sever Maintenance Agreentent Page 4 of 9
Executed this 13th day of May
CITY OF FORT WORTH
C�)�,
Jesica McEachern
Assistant City Manager
Date: 05/12/2025
Recommended By:
Approved as to Form and Legality:
Jackson Skinner
Assistant City Attorney
City Attorney's Office
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ATTEST:
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l�' � a�n� nE4A54p
Jannette S. Goodall
City Secretary
2025
LANDOWNER
Eagle Mountain- Saginaw ISD
a Texas. in p de t c ool istrict
By: Clete Welch
Its: Chief Operations Officer
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.
-'VU111\
Rebecca Owen (Mav 5.2025 09:19 CDT)
Rebecca Owen
Planning Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Sanitarj, Sewer Maintenance Agreement Page 5 of 9
LANDOWNER
Eagle Mountain -Saginaw ISD
a Texas non-profit corporation
Ev
ete Welch
Chief Operations Officer
Date:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared Clete Welch, Chief Operations Officer,
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 Eagle Mountain -
Saginaw ISD, a Texas independent school district, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � I k day
of , 20a5
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4" W &�
Notary Public, State of
REBECCA NEVINS
Notary Public. State of Texas
Comm. Expires 07-26-2025
Notary ID 125375495
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Sanitary Sewer Maintenance Agreement Page 6 of 9
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me on May 13th, 2025 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
Notary Public, State of Texas
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Sanitary Sewer Maintenance Agreement
Page 7 of 9
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Block 1, of Eagle Mountain -Saginaw I.S.D. Middlc School No. 6
Addition Situated in the A.F. Albright Survey, Abstract No. 1849
Sanitary Saver Maintenance Agreement Page 8 of 9
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
Sanitary Sever Maintenance Agreement Page 9 of 9
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Eagle Mountain -Saginaw I.S.D. SITE PLAN teague nall & perkins
1600 Mustang Rock Road
Fort Worth, Texas 76179 1 19=350� 5237 N. Riverside Give, Sure 100
Fort Worth, Texas 76137
817.336.5773 ph 817,336.2813 Fx
TBPE Registration No. F-230
www,tnpinc.com
Sanitary Sewer Lift Station
N Maintenance Agreement Mapsco Page 47F