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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; C�]��CyI,1�:�X�%]:��7 �N � i'�'� Xy:� � ��1:�'1 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: �.,�c. � � r Jannette S. Goodall City Secretary 4F9onn ORT n4 �s° °°a oaokoadc a �'° °�.10 Pv8 �=A '°a*°�a ao°�a aAQp nEZA?ba4 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 ;z�����G-� 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: C�7 �� [y 1,1�:� XK�]:a �� C«] � i'�'i Xy:� � ��1:�'1 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 �/ 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 . STORMWATER FRCILITY MAINTENANCE AGREEMENF (� Rev, �3l01l2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 03/01/2022 BN �►:�:ii:���r_v� 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 ,�� oF TF 1 �Q`��G\STER O�� '�. � .tP� CALEB.H.�MCCANLIES ,<��.q..7036 •�, ��,��/'p�FESS��� �O�� �"�G�� S U Rv �/3': �D-20-2025 Date �►:�:ii:���:� � Wz� � w �� �wa � Q � W� ~�o U�M N � Q O �' U O Omz Z�o 0 1/2" IRF NORTH TARRANT PARKWAY sis�� CIRF VARIABLE WIDTH RIGHT-OF-WAY "GMCIVIL" _ n �r ___— N qg°03'53'=E 59g 39' _ _ — — L2 L3 �4 ___----- ENSURVEY, WIL�IAMS R �WN0.9g9 � . p,g I LOT 1 BLOCK 5 � NORTH CITY ADDITION - EAST � � DOC. NO. D223091757 O P.R.T.C.T. LINE TABLE N LINE BEARING DISTANCE � > L1 N 05°09'39" E 39.43' > L2 N 79°15'30" E 24.15' O - I� � L3 East 6.52' �n N STORM WATER FACILITY �' - o MAINTENANCE AGREEMENT L4 s �3°os�4s° E 28.06� o L5 S 38°52'39" W 33.07' � 0 0.616 ACRE (26,831 SQ. FT.) d� (n m 3/8" CIRF O "GMCIVIL" o � � � o � � Z ' � � LOT 2R � � _._. • BLOCK5 � LOTS 2R & 2R1, BLOCK 5, �' NORTH CITY ADDITION - EAST � � � S DOC. NO. D223128598 �� p2 � Sl6'a P.R.T.C.T. � � 3�6' , y6 � i �'� �O�c�. � � N6� �'l � �` ' JS � �Qo � � � � Q 7p6,,i >, %i � ,�E OF TF �.0� �� `� �Q`�'�G\s7FR ��� �r ��, ��� �: � .N o�, p CALEB H. MCCANLIES ��� �o� � :Ro 7036 �P.,•� O 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 N � 1"=80' � i 0 40 80 �"✓O'•E;;;�'�� ,s u Rv � �0 20 2ozs \�r/ Date 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. 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'_' I ' LOTS 1 Ri, 1 R2,ziR3, 2R2, 8 2R3, BLOCK 5 �`�T .� ao �Eo 5 ,� — �.a� _...�..,...:__....�+—� .., , � w _ .,,,a .,,�aPo �,..a,n p,�A,cryo�o� �..�M�a � ,EE� o«ETo� EAGLE ��s SURVEYING `as„ �°`°'" 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. A.1 - PLAT 1 m x D � 1 �� � � � ENGINEERING D 0 3231 HARDWOOD ROAD � BEDFORD, TX 76021 a PHONE:817281.0572 co � W W W.CLAYMOOREEN G.COM NORTH CITY MCKEEVER - SWFMA EXHIBITS � 0 � a Z O F < U O J �r�— \� „ � �s:.^•?a m �....._ ��,� E.�,��,;� «� �T z�m��� EAGLE ��� �' a,,,� SURVEYING rxr�.roie�im �� � ti� � ��� i � � - _r - , a :� ii�= i�, _ ;�.� m — , __ ri ., � ,_,._. �_ .� ,� �i ,_.. �� kw�ni � �.. REPLAT NORTH CITY ADDITION - EAST LOTS 1R1, 1 R2, 1R3, 2R2, 8 2R3, BLOCK 5 za.iszncaEs EXH. A.2 - PLAT ENGINEERING 3231 HARDWOOD ROAD BEDFORD, TX 76021 PHONE: 817281.0572 W W W.CLAYMOOREEN G.COM NORTH CITY MCKEEVER - SWFMA EXHIBITS SWFMA: -- OWNER/DEVELOPER NTP35. LP P.O. BOX 628 FORT WORTH, TX 76101 PH. 817.236.6100 CONTACT:STEVE McKEEVER EMAIL: STEVE@MCKEEVER.US X D � �7 m G� � 1 A � 0 � A � � � � � � a z a K 0 � � 0 N m x � � m w�` r a° � � � m X W i o — � _ �� � � " I g W Y wE.. u U � � o fC i v> > O F j IL � I� � �C j L U � � a —�`� fV � � �� s � F U O 4 . , �,� EX. CURB INL MAIN . .� f _ � ,� � N. TARRANT PKWY � .. —_ . ,— - _ _ . �� � � —� �i�,°J� ,` � � � � ooar�r � ' EX. CURB INLET TO REMAIN �� � SWFMA: -- OWNER/DEVELOPER NTP35. LP P.O. BOX 628 FORT WORTH, TX 76101 PH. 817.236.6100 CONTACT:STEVE McKEEVER ` EMAIL: STEVE@MCKEEVER.US -— LEGEND: � DROP INLET � � ` LOT 1 R3 LOT 2R2 '' " PORTILLO'S 0 CURB INLET LOT 1 R1 I� I�i EX. DEVELOPMENT � HEADWALL ( �� �'�,-� I PROP. 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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 � m x D � 1 �� � � � ENGINEERING D 0 3231 HARDWOOD ROAD � BEDFORD, TX 76021 a PHONE:817281.0572 co � 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.