HomeMy WebLinkAbout064526 - Construction-Related - Contract - NTP35, LPDate Received: 1/5/2026
Time Received: 2:01 p.m.
Permit No.: SWFMA-25-0099
City Secretary No.: 64526
DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this lst day of J a n u a ry
202 E by and between NTP35, LP, a Texas limited liability partnership, acting by and
through Steve McKeever, its duly authorized Manager 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
0.616 acre tract of land situated in William McCowen Survey, Abstract No. 999, City of
Fort Worth, Tarrant County, Texas being a portion of Lot 1, Block 5 of North City
Addition — East, a subdivision of record in Document Number D223091757 of the Plat
Records of Tarrant County, Texas, and a portion of Lot 2R, Block 5 of Lots 2R & 2R1,
Block 5, North City Addition — East, a subdivision of record in Document number
D223128598, of the Plat Records of Tarrant County, and the deed recorded in Document
Number D216282322, Official Public Records, 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 North City McKeever, 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
that on-site Drainage Facilities be constructed and maintained on a portion of the Property;
and;
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DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
FT. WORTH, TX �
WHEREAS, the City requires that on-site Drainage 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 Drainage 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 Drainage Facility includes all pipes,
channels or other conveyances built to convey storm water to the facility, as
well as all structures, improvements, and vegetation provided to control the
quantity and quality of the storm water. Adequate maintenance is herein
defined as good working condition so that these facilities are performing their
design functions. The Drainage Channel Structural Control Maintenance
Checklists, attached to this Agreement as E�ibit "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
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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
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 acceptable to the City, the City, its
authorized agents and employees, may enter upon the Facility Property and
take whatever steps necessary to correct deficiencies identiiied 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.
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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITY PROPERTY TO MAINTAIN THE BED AND BANKS OF
THE DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS
A RESULT OF ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL,
AND (3) AND FAILURE OF THE CHANNEL AND ITS BANK TO
OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT
WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR
OBLIGATIONS HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected
within the drainage channel outlined on Exhibit "A" but this paragraph shall
not preclude construction of other improvements within the drainage channel,
which do not impede drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
easement 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, and 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, including any property owners association.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
Executed this lst day of �anuary
CITY OF FORT WORTH
�
Jesica McEachern
Assistant City Manager
City of Fort Worth
O1/O1/2026
Date:
Approved as to Form and Legality:
M. �Cevi�r �n�feY,t, ll
M. Kevin Anders_ II (Dec79.7075 76�.53�.00 CST)
M. Kevin Anders, II
Assistant City Attorney
City Attorney's Office
Date:
12/29/2025
ATTEST:
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Jannette S. Goodall
City Secretary
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Date: O1/05/2026
202_6
LANDOWNER
NTP35, LP
a Texas limited liability partnership
By: NTP Investments LLC
a Texas limited liability company
its General Partner
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By: Steve �Keever
Its: Manager
Date: 12/4/2025
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.
Kandice Merrick
Planning Manager
12/29/2025
Date:
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FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev. 03/01/2022 BN
STATE OF TEXAS §
COUNTY Ok' TARRANT §
This insmkment was acknowledged befare me on � a n u a ry lst, 202 E by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth. /�G%��i:�-�.� UJ�-�i,ld2.G�i
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Notary Public, State of Texas
�R Pv KATHLEEN BRADFORD
� Natary Puhlic
x�k STATE OF TEXAS
vi � NaYary I.D. 72197197
�F My Camm. �p. Apr. i2, 2027
z,�vnow�v�R
sTATE o� �� �.� §
COUNTY OF �G ffc r� 1— §
BE�'ORE ME, the undersigned authority, a Notary Public in and for the State of
�-2x dc , on this day personally appeared `.�-Pu� /YiC t�e�vF�
(name), 1'rj c„s f� (title), known to me to be the
person whose name is subscribed to Yhe foregoitxg instnunent, and acknowledged to me
that he/she executed the same far the purposes and consideration therein expressed, as the
act and deed of /l/ J%�35, Lt� (entity), a
�-e�cas L..-,r,.'�� �. <�,'�.��1 Pcr�;�(entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OPFICE this y� day
of �Cx,-,-.bc,� , 20 Zs .
: ATei�l' lic, State of
,� j�a, INGRID GREEN
�v%�""rti�; Notery Public, Siate ot Texes
��iP1;i�; Comm.Expires02-04-2026
%.;,;;�:�r NpteryED13357335-5
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STORMWATER FRCILITY MAINTENANCE AGREEMENF (�
Rev, �3l01l2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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LEGAL DESCRIPTION
Being a 0.616 acre tract of land out of the William McCowen Survey, Abstract No. 999, situated in the City of Fort
Worth, Tarrant County, Texas, being a portion of Lot 1, Block 5 of North City Addition - East, a subdivision of record in
Document Number D223091757 of the Plat Records of Tarrant County, Texas, and a portion of Lot 2R, Block 5 of
Lots 2R & 2R1, Block 5, North City Addition - East, a subdivision of record in Document Number D223128598 of said
Plat Records, and being more particularly described by metes and bounds as follows:
BEGINNING at a point for the southwest corner hereof within said Lot 2R, from which a 1/2 inch iron rod found at an
angle point in the east right-of-way line of North City Drive, being common west line of said Lot 2R, bears
S38°52'39"W, a distance of 33.07 feet;
THENCE, over and across said Lots 2R and 1, the following nine (9) courses and distances:
1. N01 °03'39"W, a distance of 257.04 feet;
2. N05°09'39"E, a distance of 39.43 feet to the northwest corner hereof;
3. N79°15'30"E, a distance of 24.15 feet;
4. EAST, a distance of 6.52 feet;
5. S73°09'43"E, a distance of 28.06 feet to the northeast corner hereof, from which a 3/8 inch iron rod with yellow
plastic cap stamped "GMCIVIL" found in the south right-of-way line of North Tarrant Parkway, being the northeast
corner of said Lot 1 and the northwest corner of said Lot 2R, bears N49°03'53"E, a distance of 599.39 feet;
6. S00°04'29"W, a distance of 270.10 feet to an interior ell corner hereof;
7. S46°30'42"E, a distance of 164.31 feet to the east corner hereof;
8. S44°26'23"W, a distance of 60.03 feet to the south corner hereof;
9. N44°51'06"W, a distance of 188.18 feet to the POINT OF BEGINNING, and containing an area of 0.616 acres
(26,831 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983
(Adjustment Realization 2011).
PAGE 1 OF 2
�
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2504.035-08 CHM 10-20-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
Caleb McCanlies
R.P.L.S. # 7036
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O P.R.T.C.T. LINE TABLE
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PAGE 2 OF 2
� EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
EAGLE D�940) 222 300g01
SURVEYING TXFIRM#10194177
JOB NUMBER DRAWN BY DATE
2504.035-08 CHM 10-20-2025
Caleb McCanlies
R.P.L.S. # 7036
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NOTE: Bearings are based on GPS observations
utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
LEGEND
� BOUNDARY MONUMENT
IRF IRON ROD FOUND
CIRF CAPPED IRON ROD FOUND
POB POINT OF BEGINNING
DOC. NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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P.O. BOX 628
FORT WORTH, TX 76101
PH. 817.236.6100
CONTACT:STEVE McKEEVER
EMAIL: STEVE@MCKEEVER.US
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FORT WORTH, TX 76101
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-— LEGEND:
� DROP INLET
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SWFMA: --
OWNER/DEVELOPER
NTP35. LP
P.O. BOX 628
FORT WORTH, TX 76101
PH. 817.236.6100
CONTACT:STEVE McKEEVER
EMAIL: STEVE@MCKEEVER.US
EXH. B.2
GRADING PLAN
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ENGINEERING D
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3231 HARDWOOD ROAD �
BEDFORD, TX 76021 a
PHONE:817281.0572 co
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W W W.CLAYMOOREEN G.COM
NORTH CITY MCKEEVER — SWFMA EXHIBITS
Exhibit "C"
CITY OF FORT WORT DRAINAGE CHANNEL FACILITY OPERATION AND
MAINTENANCE PLAN
The only responsibility the City of Fart 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 warking 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
iinal 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
FORTWORTH
" EXHIBIT D"
STORMWATER SWALE AND DITCH FACILITY MAINTENANCE CHECKLIST
FREQUENT INSPECTION
Inspection Item:
Date:
Repairs Required:
Repairs Made:
Remove: Trash and
Debris
Remove: Grass
Clippings, Leaves, Etc.
MINOR INSPECTION:
Inspection Item:
Date:
Repairs Required:
Repairs Made:
Overall Condition of
Facility
Amount of Silt within
the Facility
Amount of Ponded
Water within the
Facility
MAJOR INSPECTION:
Inspection Item:
Evidence of Cracks or
Missing Concrete
within the Facility
Evidence of
subsidence around or
within the facility
Evidence of Roots,
shrubs, or trees
Infiltrating the Facility
o-�
Fort Warth
Stormwater
Management
Notes:
Notes:
Notes:
Date:
Repairs Required
Repairs Made:
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: NTP 35, LP
Subject of the Agreement: Temporary Drainage easement for new building project
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 "PermanenY'? *Yes 0 No ❑
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from 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: Ifapplicable. SWFMA-25-0099
*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 processin� in the followin� 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.