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HomeMy WebLinkAbout064462 - Construction-Related - Contract - Willmax FW Multi-Family, LPDate Received: 12/16/2025 Time Received: 9:16 a.m. Permit No.: MAINT25-015 City Secretary No.: 64462 SANITARY SEWER MAINTENANCE AGREEMENT This SANITARY SEWER MAINTENANCE AGREEMENT ("Agreement"), is made and entered into by and between Willmax FW Multi -Family, LP, a Texas limited partnership 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 13.887-acre tract located at 5401 Benbrook Blvd, Fort Worth, Tarrant County, Texas, 76126, 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: Sanitary Sewer Maintenance Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 10 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 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 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 10 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 10 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 10 Executed this 12th day of December CITY OF FORT WORTH C Jesica McEachern Assistant City Manager Date: 12/12/2025 Recommended By: Audrey Wallace Approved as to Form and Legality: Jessika Williams Assistant City Attorney City Attorney's office /V W 1*3IF o IlIlu �fORTd� do k°a Jannette S. Goodall pp0 s dp City Secretary °°• pcoIlTEx°pgo Il404 4 4 Sanitary Sewer Maintenance Agreement 25 Contract Compliance Manager: By sigaing, 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 Contract Compliance Manager OFFICIAL RECORD CITYSECRETARY FT. WORTH, TX Page 5 of to STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on 12/12/2025 by Iesica McEachem, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Notary Pablic, State of Texas Sanitary Sewer Maintenance Agreement Page of 10 LANDOWNER WillMax FW Multi -Family, L.P. a Texas limited partnership by: WillMax FW Multi-Fam ily GP, L.P. a Texas limited partnership it's general partner by: WillMax FW Multi -Family GenPar, LLC a Texas limited liability company it's general partner By: John A. Wensinger President Date: 1 / / 0/a Q 2 THE STATE OF TEXAS COUNTYOF CA-.S BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared John A. Wensinger, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of WillMax FW Multi -Family GenPar, LLC, the general partner of WillMax FW Multi - Family GP, L.P., the general partner of WillMax FW Multi -Family, L.P., and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UN DER MY HAND AND SEAL OF OFFICE this /P'M day of Al 6 V v _, 202 Notary or the State of Texas y,'04 4UU JOHNSON Nobly ID a67aD133 My Co issfon Expires November 31, 3@7 Sanitary Sewer Maintenance Agreement Page 7 of 10 EXHIBIT "A" LEGAL DESCRIPTION BEING 13.887 acres of land located in the B. J. FOSTER SURVEY, Abstract No. 520, City of Fort Worth, Tarrant County, Texas, and being the combined total of the two tracts of land conveyed to Ann Allison, by the deed recorded in Volume 11912, Page 1487, of the Deed Records of Tarrant County, Texas. Sanitary Sewer Maintenance Agreement Page 8 of 10 EXHIBIT `B" DESIGN PLAN AND SPECIFICATIONS Sanitary Sewer Maintenance Agreement Page 9 of 10 / rl MVAWOM m - \ \ MVAMWTSTATlCf!&IERAH � YMMiMP.VIf0Y11Y Viestwmad T YAMWMMTMIO EM" enr®uasv �i �fEWVMve vm mvma aNvma,� r+�r vuavmvEv,® avEv® �v.+a+.m+� m ®v vv . vs.. uaon vim.. / \ va man ❑ �uum.r,enr \\\\ � ��.�mr•� a wm�� mn ��� s.r mx....u®vo tt v`m / um m,vuvma MVALEI STAIRYi&IERfN oETN P�A�P.V�,f�O a m,aeamumwrxm yy��M��W��M AO{AMYY� /01 a• Vr000 FENCE SEcnon1ELEVAnon ' c ao B ®nmwu ..._..... ............ amp® � F —" -wWA ;.•ayrsa � •�•«•�•—•. MTECOIE P WVRT: LFT bTRTCN RAN ND RpPLE YMM iMP.V If0N11Y. RNl WashmoY ® m. e ZIP ME VIMMZ —_/ _ ww� w 93 T c. MWE WIE PWAiELFT SIAIICN RANNO P�qE yy��Y��M��M iM��P.V��If��IYT AOt%mod L n_ �e i Description of 0.052 Acres of Land BEING a tract of land situated in the B. J. Foster Survey, Abstract Number 520, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to Willmax FW Multi -Family, L.P., recorded in Instrument Number D225025742, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1 inch iron rod with no cap, found at the southwest corner of said Willmax tract, being a northwest corner of Block 2, Z Boaz Park South, an addition to the City of Fort Worth recorded in Cabinet A, Slide 211, said County Records, and being in the east right- of-way line of Benbrook Highway (U.S. Highway 377, a variable width right-of-way); THENCE N 23044'35"E, 503.37 feet, with the west line of said Willmax tract and said right-of- way line, from which a 1 inch iron rod with no cap, found at the northwest corner of said Willmax tract, bears N 23°44'35"E, 520.65 feet; THENCE departing said common line, over and across said Willmax tract, the following courses and distances: S 66015'25"E, 33.89 feet, to the POINT OF BEGINNING; N 07052'49"E, 19.41 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 16.10 feet, through a central angle of 24°55'47", having a radius of 37.00 feet, the long chord which bears N 20°20'42"E, 15.97 feet; N 32048'36"E, 53.96 feet; N 47016'22"E, 49.11 feet, to the beginning of a non -tangent curve to the right; With said non -tangent curve to the right, an arc distance of 12.19 feet, through a central angle of 32°50'55", having a radius of 21.26 feet, the long chord which bears N 71032'28"E, 12.02 feet; EAST, 11.13 feet; NORTH, 4.00 feet; EAST, 20.00 feet; SOUTH, 20.00 feet; WEST, 20.00 feet; Westwood Job No. WMX23001 Tracking No. na FTW October 20, 2025 N:\_PLS\G—DRIVE\JOB\WMX23001_5401_BENBROOK\2_SRVY\EXHIB\LEGALS\WMX23001_EXLDOCX Pagel of2 NORTH, 4.00 feet; WEST, 11.13 feet, to the beginning of a non -tangent curve to the left; With said non -tangent curve to the left, an arc distance of 3.55 feet, through a central angle of 14°32'05", having a radius of 13.98 feet, the long chord which bears S 77003'28"W, 3.54 feet; S 47016'22"W, 47.34 feet; S 32048'36"W, 52.43 feet, to the beginning of a curve to the left; With said curve to the left, an arc distance of 13.79 feet, through a central angle of 31 °35'54", having a radius of 25.00 feet, the long chord which bears S 17°00'39"W, 13.61 feet, to the beginning of a compound curve to the left; With said compound curve to the left, an arc distance of 14.27 feet, through a central angle of 81°45'59", having a radius of 10.00 feet, the long chord which bears S 39040' 17"E, 13.09 feet; THENCE S 78°31' 17"W, 23.14 feet to the Point of Beginning and containing 2,253 square feet or 0.052 acres of land more or less. "Integral parts of this document" 1. Description — 2 Pages 2. Exhibit Westwood Job No. WMX23001 Tracking No. na FTW October 20, 2025 N:\—PLS\G_DRIV E\JOB\WMX23001 _5401—B ENBROOK\2_S RVY\EXHIB\LEGALS\ WM X23001 _EX 1.DOCX Page 2 of 2 NO CAP 0 30 60 f GRAPHIC SCALE IN FEET "Integral parts of this document" lea 1. Description - 2 Pages i 16 N1 2. Exhibit N't tX j j ya W7 4' A1F ATo xy Sro <a�4 %Obi W� 40 n. %; ti 00 ae .Q �14! ge V /NO2.52.491, / 6 \9'41' F C5 ro�jh " Point of Beginning i Point of P IRF NO CAP /J Commencing _ / Block 2 j Z Boaz Park South Cab. A. Sid. 211 / C. R. T. C. T. Basis of Bearing is the Texas Coordinate System NORTH North CenlrolZone 4202. 4.00' NAD 83 EAST 11.13' EAST 20.00' IRE - Iron Rod Found C2 NORTH - o 4.00' 0 0 C3 N N WEST ��'S'A 40 WEST 11.13' 20.00' 6ry NA^,T C11RVF TART F NO. DELTA I RADIUSI LENGTH I BEARING I DIST. C1 24055'47" 37.00' 16.10' N20020'42"E 15.97' C2 320 50' 55" 21.26' 12.19' N71° 32' 28"E 12.02' C3 140 32' 05" 13.98' 3.55' S77° 03' 28"W 3.54' C4 310 35' S4" 25.00' 13.79' S170 00' 39"W 13.61' C5 810 45' 59" 10.00' 14.27' S390 40' 17"E 13.09' 7 w gyp. Exhibit of 0.052 Acres of Land Situated in the B. J. Foster Survey, Abstract Number 520, City of Fort Worth, Tarrant County, Texas. EXHIBIT "C" CERTIFICATE OF INSURANCE Sanitary Sewer Maintenance Agreement Page 10 of 10 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Willmax FW Multi -Family, LP Subject of the Agreement: Maintenance Agreement Benbrook Blvd. M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Assistant City Manager Signs Expiration Date: None If differentfrom the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.