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Home My WebLink AboutContract 63737Date Received: 07/30/2025 T. R . d 11:00 a.m.1me eceive : ------ Permit No.: MAINTlS-001 City Secretary No.: _6_3 _73_7 ____ _ SANITARY SEWER MAINTENANCE AGREEMENT This SANITARY SEWER MAINTENANCE AGREEMENT (¢'Agreement"), is made and entered int.o by and between FCAC-Fort Worth Old Decatur, LLC, a Texas 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, located at 8811 Old Decatur Road, Fort Worth, Texas 76179, being more particularly described as, Lot 8, Block 1, of Boswell Marketplace, and addition to the City of Fort Worth, Tarrant County, Texas. , as recorded in Deed Records, by instrument Number D224164266, as more particularly described in Exhibit "A" whi ch is attached hereto and incorporated herein by reference (the "Property"); WHEREAS, the adjacent owner has granted an easement for the location of the pipes on their property, as recorded in the Deed Records, by Instrument Number D224164268, City of Fort Worth, Tarrant County, Texas; and notwithstanding anything to the contrary contained herein, in no event shall this Agreement create any new encumbrance upon such adjacent property and in no event shall the owner of such adjacent property have any new obligations beyond the aforementioned easement 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 Sanitary Sewer Maintenance Agreement Page 1 ofll WHEREAS, the City requires that the Facility, as shown on the Site Plan, be constructed and maintained by the Landowner, its successors and assigns (or Landowner shall cause its tenant to constru�t and/or maintain), the location and dimensions of which shown on the Site Plan (the "Facility Property"), with Landowner being permitted as and to the extent applicable, to cause Landowner's tenant to perform all of the obligations of Landowner hereunder. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covena.nts contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landawner, 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 accorda.nce with all requirements of the Texas Commission on Environ.mental Quality, including, Title 30 Texas Administrative Code Chapter 217. The Facility shall include a11 pipes, pumps, wiring, structures, and improvements related to the operation of a sanitary sewer lift station. Adequate maintenance sha11 mean good working condition so that the Facility is performing its intended functions. 2. Landowner sha11 provide the City with as-built drawings of the lift station. Landowner shall provide a shut-off �a1ve 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 fen�e or enclosure installed axound the lift station Facility that contains the contact information, including telephone number, for the party responsible for responding to emergencies. Landowner and its suc�essors and assigns sha11 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. Sanitary Sewer Maintenance Agreement Page 2 of 11 3. The Landowner, its successors and assigns, sha11 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, sha11 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 Properiy and to inspect the Facility whenever the City deems necessary and in any event upon 24 hours' prior written notice to the Landowner or the current tenant or occupant thereof. 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 (or such additional time as may be reasonably necessary under the circumstances to the extent that the completion of the repair is not reasonably possible within said thirty (30) days, provided Landowner commences such repair within said thirty (30) days and diligently pursues the same to completion), 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 �€ase��-actual costs of such repairs to the Landowner, its successors and assigns and the City sha11 provide reasonable supporting documentation of such costs. It is expressly understood and agreed that the City is under no obligation to routinely Sanitary Sewer Maintenance Agreement Page 3 of 11 maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City. Such obli�ation is an obli�ation of Landowner and its successors and assigns. 6. The Landowner, its successors and assigns, will perform the work ne�essary to keep the Facility in good working order as appropriate. In the event the City, pursuant to this Agreement and after the expiration of the applicable notice and cure period, performs work of any nature, or expends any funds in performan�e 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 in�urred by the City hereunder and the City shall provide reasonable supporting do�umentation 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 Properly in the a.mount of the cost of such work. Such lien sha11 be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affida�it identifying the property 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 LIASILITY 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 EMPLDYEES 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 �F THE FACILITlf PROPERTY TO Sanitary Sewer Maintenance Agreement Page 4 of 11 ADEQUATELY MAINTAIN THE FACILITY IN ACCORDANCE WITH THE TERMS �F THIS AGREEMENT All noti�es required or permitted under this Agreement may be given to a party by hand-delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed t� ha�e been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Services Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With co�ies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 OWNER: FCAC — Fort Worth Old Decatur, LLC 300 Cresent Ct STE 1840 Dallas, TX, 75201 Or to such other address one party may hereafter designate by noti�e in writing addressed and mailed or delivered to the other party hereto. Sanitary Sewer Maintenance Agreement Page 5 of 11 8. This Agreement sha11 be recorded among the land records of Ta.rrant County, Texas, sha11 constitute a covenant run.ning 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 G of 11 Executed this 25th day of _ju_l_y _____ 20 25 CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 07/25/2025 Recommended By: Wendy Beardslee Approve d as to Form and Legality: Jackson Skinner Assistant City Attorney City Attorney's Office ATTEST: Jannette S. Goodall City Secretary Sanitary Sewer Maintenance Agreement Contra ct 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. � Kandice Merrick Planning Manager Page 7 of 11 LANDOWNER FCAC-Fort Worth Old Decatur, LLC a Texas limited liability company by: Jones / Hummel Holdings, LLC a Texas limited liability company its managing member by: Nam . Ben Hum el Tit1e: Vice Presid nt D ate: u Vw� � LANDOWNER THE STATE OF T`EXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State ofTEXAS, on this day personally appeared Ben Hummel, known to me to be the same person whose name is subscribed to the foregoing instnunent, and acknowledged to me that the same was the act of Jones / Hummel Holdings, LLC, the manager member of FCAC-Fort Worth Uld Deoatur, LLC, and that he/she executed the same as the act of said entities for the puxposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this G� "'� day of �� _, Zo � �� otary Public in and for the State of Texas �`"��"''� TERESA RODDEN ;.�arv�e., =i;� � �= Notary Pubtic, State of Texas =`";:�•+�; Comm. Expires 0406-2026 �''�0;,�`°� Notary ID 1257829 Sanitary Sewer Maintenance Agreement Page S of 11 STATE OF TEXAS COUNTY OF TARAANT This instrument was acknowledged before me on this day 25th of July, 2025 by Jesica McEachern, Assistant City Manager of the City of Fort Warth, on behalf of the City of Fort Worth. --� ��;;'r, j��iarls�e� Notary Public, State of Texas Q,�p,RYP(ie` WENDY L BEARDSLEE z � Notary Public * � * STATE OF TEXAS yT��`� }Q Notary I.D. 13323719-3 FoF�� My Comm. Exp. July 28, 2025 Sanitary Sewer Maintenance Agreement Page 9 of 11 EXHIBIT "A" LEGAL DESCRIPTI�N Lot 8, Block 1, Boswell Marke�lace an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded under Clerk's File No. 2017095492, Plat Records, Tarrant County, Texas. Sanitary Sewer Maintenance Agreement Page 10 of 11 EXHISIT "S" DESIGN PLAN AND SPECIFICATIONS Sanitary Sewer Maintenance Agreement Page 11 of 11 LEGAL DESCRIPTION BEING a 0.2772 acre {12,876 square foot} tract of land sibuated in the Benjamin Thomas Survey, Abstrac:t No. 1497, Gity of Fort Worth, Tarrant County, Texas, and being a portion of Lots 7R 8� S, Block 1, Bosw�ell Maricetplaoe, an addition to the City af Fort Worth a000rding to the plat reoorded in Instrument No. D217095492 of the Official Public Reoords of Tarrant County, Te�s; said tract being more particularly described as follows: BEGINNING at a 1l2�nch iron rod with 'WAI° cap found for the n�rthemmost northe�ast comer of Lflt 1 R, Blxk 1, Basw�ll Marketplaoe, an additian ta the Ciiy of Fart Worth accorcfing to the plat recorded in Instrument No. D216277284 of ssid ORicial Public Records; THENCE South 89°53'41" W�t, along the north line of said Lot 1 R, a distance of 59.34 feet to a point for comer; THENCE North 45°09'1f" West, departing said north line of Lot 1R, a distance af 33.43 feet to a point far cflmer, THENCE South 89°50'S9" West, a distance af 47.42 feet to a point far comer, THENCE Svuth 44°53'41" West, a distsn�e of 5.89 fqet to a paint for ovmer, THENCE South 00°04'43" East, a distanoe of 20.83 feet to a point fior carner in said north line of Lot 1 R; THENCE South 89°53'41" West, along said north line af Lot 1 R, a dishance of 15.00 feet bo a poirrt for c�orner, THENCE North 00°04'43" West, departing ssid north line of Lot 1 R, a distsnce of 27.05 feet to a point far coi^ner, THENCE North 44°53'41" East, a distance of 18.30 fieet to a point for c�mer, THENCE North 89°50'59" East, a distance of 59.84 feet to a point for comer, THENCE South 45°09'18" East, a distance af 35.50 feet bo a paint for carner; THENCE Nprth 8$°5p'43" East, a distanCe of 5929 feet to a point f�r comer, THENCE $outh 45°08'S0" East, a distance af 12.43 fest bo a paint i�r corner; THENCE South 00°06'19" East, a disfiance of 115.48 feet to a poirrt for oomer, SANITARY SEWER MAINTENANCE AGREEMENT LOT 7R & 8, BLOCK 1 BQSWELL MARKETPIACE BENJAMIN THOMAS SURVEY ABSTRACT N�. 1497 CITY OF FORT WQRTH TARRANT GOUNTY, TEXAS THENCE South 44°41'56" Eest, a distence of 10.9B feet fio a paint ior corner; THENCE South 83°00'22" East, a disiance �f Q.12 feet fia e point ivr comer; THENCE North 77°2$'S6" East, a distance of 243.84 feet ta a point for comer, THENCE South 59°37'2Z" East, a distance of 27.96 feet to a paint for carner; THENCE Sauth 18°10'S2" East, a distsnce af 216.99 feet to a paint far camer, THENCE South 71 °39'3a' West, a dlstance of 15.Oa ieet to a point for comer, THENCE North 1 B°11'02" West, a distance of 211.58 ieet to a point for comer, THENCE North 59°37'22" West, a distanoe of 18.08 feet to a point for oorner, THENCE Svuth 77°26'SB" Weat, a distance of 24�.53 fest ta a point for comer; THENCE North 83°0�'22" 1Af�st, a distanoe of 7.91 feet fio a point inr comer; THENCE North 44°41'58" West, a distance of 22.32 feet bo a point for comer in the east line of said Lot 1 R; THENCE Norlh Od°06'19" West, aldng said east line aF Lot 1 R, a distanr� of 115.41 ieet fio the POINT OF BEGINMNG and containing 12,076 square feet or 0.2772 acre� of land, mor� ar le�s. NOTES B�ring system based on the Texas Coordinate System of 1983 (2011 adjustrnent), North Central Zone (4202j. A survey plat of even survey date herewith s000mpanies this metes and baun� description. The undersigned, Regiabered Professional Land Sun+9ayer, hereby certfies that the foregaing de�cription aocurately sets out the mefi� and bounds of the easement tract. MICHAEL CLEO BILLINGSLEY REGISTERED PR�FESSIONAL LAND SURVEYOR NO. 8558 � 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT lA1aRTH, TEXAS 7B102 PH. 817�35-6511 michael.billingsley�kimley-hom.cam ��peo�sreR��"� "� 9 . g. �.....�....o.t�.. �ICHAEL CLEO BILLINGSLEI .................................. � s4 6558 _ .� r sa SANITARY SEWER MAINTENANCE AGREEMENT LOT 7R & 8, BLOCK 1 BQSWELL MARKETPLACE BENJAMIN THOMAS SURVEY ABSTRACT N0. 1497 CITY OF FURT WQRTH TARRANT COUNTY, TEXAS LEGEND P.O.B. = POINT OF BEGINNING IRFC = IRON RO� WICI4P FOUND ` , �' J � �� L8 L1 �rr n�c �vwr P.O.B. - LOT 1 R, BLOCK 1 BOSWELL MARKETPLACE INST. N0. D216277264 MQiOGER TEXAoS, LP D21526509B 14 L15 LOT 7R, BLOCK 1 BOSWELL MARI�TPLACE INST. NO. D217095492 NORTH o ao vo GRAPHIC SC�1LE IM FEET �� 1 � � ` � � � r r r �-L12 — /.�� PRWA7E ORAINAGE EASEhENT �� DRJIINAL`� EABEMENT � , INST. N0.0217195b11 HOUSING AUTHORITY OF 711E CITY OF FORT 1fU�RTH 0.2772 ACRES IN5T. Na. D217146317 � s,a�s sQ. Fr. 1 NOTES PERNIINENi STQtiN $ENER 8 �MINA�GE FJISEMENT INST. ND. D27525�977 LOT 8, BLOCK 1 BOSWELL MARKETRLACE INST. NO. D217095492 THE STANOARD AT BOSYMELL MARI�TPLACE 2. LP INST. NO. D21700�117 ' D '� _ r �Z � 'm 1 y 'm � � � Besrir� sygtem based on the Texas Coorrlinabe System of 1983 (2Q11 adjusimerrt), Narth Central Zone (42�2j. A mete� and bounds description of �ven survey dafie herewith ac�ornpanies this survoey plat. The undersigned, Registered Professianal Land Surveyor, hereby certifies that this survey plat accurately sets out the m�es and bounds af the easement tract. SANITARY SEWER MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL � LAND SURVEYOR N�. 6558 801 CHERRY STREET, UNIT 11 Sl11TE 13�0 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley�kimley-hom.00m � CLEO B� ..6558 MAINTENANCE AGREEMENT LOT 7R & 8, BL�CK 1 BQSWELL MARKETPLAGE BENJAMIN THOMAS SURVEY ABSTRACT N�. 1497 CITY OF FORT WORTH TARRANT CQUNTY, TEXAS �� i�� ,� �� e�� i �� : � o�� g �� a � � � � A � � � i .�:... � �$ ! i� . �.�. �-. ="- �� i �.�.,.. ,-.:o i , _ � � f# 3� � y�� ''r� fMNl:il��l �� A I WI � � •M0.T. � �.�w �ne wi MORI� �� I ' I 1- �OI lMtlE!iILY �1 � 1 � � I � I I I � �11IOOYI:I�N �R �-r� rwae I �I 1.�... � � xnaw � o � � � � � � � � n � � � � � � ' � �� i � : � � �� a .� I t-�� r �� !MI! .. . . � �� }IYC�11:1�L . .. �.r � rwe��u w� a � - � i.a� , i i � � I i i � �', I � '� I � � � I � .��. .� :E � � � .... � O .�a il 6 . ■ ....O 6 o a NUMMEL FORCE MAIN PROFILE pLD DECA7UR cm ff rarr woirn, iows � � � � � �i� � Kimley�Horn a � i) 2 r Z m N m m N x m � � � � � / I � / `�� / // ' � / / / ' � � PEI�MNENT BT�IOA SENIER i ORAINAGE �r� , � INBT F10 D215QS4B11 � ' I � ' , 1 ' � ' 1 . � �rr ir�c� "BEHSLEY RPLS �O5C' �.27T2 ACRES 12,076 $Q. FT. LOT 7R, BLOCK 1 BOSWELL MARKETPLACE INST. NO. D21709548Z HOU5ING AUTHURITY OF THE CITY OF F�RT WORTH ° INST. N�. D217146317 PERAAANENT STORM SEVYER R DRAINAGE EASEIUEHT iNsr. No. oQ�s�s4e� � � � � __ � 1 � 1 � 1 � � 1 � ` � , , , � 1 LOT 8, BLOCK 1 BOSWELL MARKETPLACE INST. NO. D217085492 FCAC - FORT UY�RTH OLD DECATUR LLC INST. NQ. D224184288 LINE TABLE NO. BEARING LENGTFi L1 SB9'S3'41"W 59.34' L2 N45'Q9'18"W 35.43' L3 S69'S0'S9'9h1 47.42' L4 544'53'41'1N 5.89' L5 S00"04'43'E 20.83' L8 S89°53'41'W 15.00' L7 N00°G4'43"W 27.p5' L8 N44°53'41"E 18.30' L9 N89°50'59"E 59.84' �io sas•og��s-e s�.sa� L11 N89°50'43"E 59.Z9' L12 S4b'OB'50"E 12.43' L73 SOQ'06'18'E 115.48' L14 544"41'S8'E 10.98' L75 583'00'?2'E Q.12' L78 NTT°28'S6"E 243.84' L17 S59"37'22"E 27.96' L78 S16'70'S2"E 216.99' L79 S71'39'30'W 15.00' L2D N18'11'02"W 211.56' L21 N59°37'22"W 18.08' L22 S77'2B'S8"W 240.5$' L28 N83°00'22"W 7.97' l24 N44'41'56"W 22.92' L25 N00'06'19"W 115.41' NORTH 4 eo eo LIR/IPNIC SCJiLE IN FEET LEGEND SANITARY SEWER MAINTENANCE AGREEMENT LOT 7R & 8, BLOCK 1 BQSWELL MARKETPLACE BENJAMIN THOMAS SURVEY ABSTRACT NO. 1497 CITY OF FORT WORTH TARRANT COUNTY, TEXAS P.O.B. = P�INT �F BEGINNING IRFC = IRON ROD WlCAP FOUND ...�.�_...._..._... .:�. s.,.�.....� � �� _, �. .� , �. � ! 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