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HomeMy WebLinkAbout064895 - Construction-Related - Contract - Trinity Baptist TempleDate Received: 3/18/2026 i Time Received: 3 : 02 p.m. Permit No.: SWFMA-26-0005 City Secretary No..• 64895 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 17th day of March 2026, by and between TRINITY BAPTIST TEMPLE, a Texas nonprofit corporation, acting by and through Kyle Densmore, its duly authorized Senior Pastor, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as a 0.212 acre detention pond easement tract of land situated in the A.S. Roberts Survey, Abstract No. 1262, Tarrant County, Texas according to the deed recorded in Document No. D210191864, Real Property 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 PIan known as Trinity Baptist Temple 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 Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on -site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/20226N CITY SECRETARY FT. WORTH, TX 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 Stormwater Management 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 Stormwater Facility includes all pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "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 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 inspect the Facility Property whenever the City deems necessary. The purpose STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 03/0112022 BN 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 as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary 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 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 AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 03/01/2022 BN 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 LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the boundaries of the Property in which the Facility is located as outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the boundaries of the Property in which the Facility is located, which do not impede drainage: Landowner covenants and agrees' that no habitable building shall be erected on the above property abutting such boundaries of the Property in which is Facility is located, 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, 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 owner's association. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 09I01I2022 BN Executed this 1 7th day of March , 2026. CITY OF FORT WORTH LANDOWNER "TRINITY BAPTIST TEMPLE a Texas nonprofit corporation Jesica McEachem Assistant City Manager City of Fort Worth Date: 03/17/2026 Approved as to Form and Legality: A4, Kwty v And &rsr) It M. Kevin Anders. 11 OMar 12, 2026 13.23.12 CDT) M. Kevin Anders, II Assistant City Attorney City Attorney's Office Date: 03/12/2026 d F FORT a dd ATTEST: v%°0�'.i°a o°oo Qlsxrx. Qaa4TEXA`�g4� bUuaaao Jannette S. Goodall City Secretary Date: 03/18/2026 By: Kyle Den ore Its: Senior Pastor Date: Z 2 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 Date: 03/12/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on March 17, 2026 by 3esica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. /0 �a P� HATHLEEN BRADFORD Notary Public, State of Texas r Notary Public �r STATE OF TEXAS Nolary I•D. 12147197 'FnK' My Comm. Ex , Apr.12, 2927 LANDOWNER STATE OF 2ya S § COUNTY OF TQ,r cQo`�— § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared K\ J � b ll '�rvs m f -e (name), _ ',?? .n `(; C (title), 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 stated. (entity), a ,apacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this (-Ci day of'-D10'�A-Ao-ri'j , 20�L�. Notary Public, State of TtbLAURA K. PEREZ Notary Public, State of Texas Comm. Expires 01-22-2029 Notary ID 126863214 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 SIN EXHIBIT "A" LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN OU 2 z �z rr g LLI 93Z CM - -W- _ - � G7 W - 3 Marvin Brown St. Asphalt - 60' R.o.W. (Plat) a N 00-0316"W 74.92' 13 LS s 00"0316" E 28.38' L] - 5 00-0316" E 28 00' _5 000316"E 82.b1 � _ y �013 u i I lz G c I 3 C E Qor — — — m a O : n u Co x0. D o m E: I q C m m OJT o N J I "� 3 2-2 Q SyNry� t`a o a Wo P€ s --- sr W� 16 b� rWZr I I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3 Exhibit A - Description - Detention Pond Easement Page 2 of 2 Detention Pond Description AN06357-R3 - January 7, 2026 *see Page 1 of 2 for Exhibit BEING a 0.212 acre detention pond easement over and across the A.S. ROBERTS SURVEY, ABSTRACT No. 1262, Tarrant County, Texas; being over and across that certain tract of land conveyed to TRINITY BAPTIST TEMPLE in D210191864, Real Property Records, Tarrant County, Texas, (R.P.R.P.C.T.); and being further described by metes and bounds as follows: The following Bearings, Distances. and/or Areas derived from GNSS observations performed by Texas Surveying & Engineering, Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202 (Grid - US Survey Feet). BEGINNING at a point in the west line of Marvin Brown Street and in the east line of said TRINITY BAPTIST TEMPLE tract, for the most easterly southeast and beginning corner of this easement; WHENCE a found 3/4" iron rod at the southeast corner of said TRINITY BAPTIST TEMPLE tract bears S 00°31'16" E, 82.84 feet; THENCE over and across said TRINITY BAPTIST TEMPLE tract the following courses and distances: S 89°56'44" W, 3.99 feet, to a point for an ell corner of this easement: S 00°03'16" E, 28.00 feet, to a point for the most southerly southeast corner of this easement; S 89°56'44" W, 14.32 feet, to a point for a corner of this easement: N 37°I3'41" W. 35.46 feet, to a point for a corner of this easement; along the arc of a curve to the left, having a radius of 3.00 feet, an arc length of 2.22 feet, and whose chord bears N 58°26'53" W, 2.17 feet, to a point for a corner of this easement; N 83°35'26" W, 56.51 feet, to a point for the southwest corner of this easement; along the arc of a curve to the right, having a radius of 7.00 feet, an arc length of 4.71 feet. and whose chord bears N 64°18'39" W, 4.62 feet, to a point for a corner of this easement; N 45°01'51" W, 13.96 feet, to a point for a corner of this easement; along the arc of a curve to the right, having a radius of 7.00 feet, an arc length of 11.60 feet, and whose chord bears N 02°27'15" E, 10.32 feet, to a point for a corner of this easement: N 48°02'47" E, 12.76 feet, to a point for a corner of this easement; along the arc of a curve to the left, having a radius of 3.00 feet, an arc length of 4.92 feet, and whose chord bears N 01°03'10" E, 4.39 feet, to a point for a corner of this easement; N 45°56'27' W. 19.73 feet, to a point for a corner of this easement: along the arc of a curve to the left, having a radius of 3.00 feet, an arc length of 1.33 feet, and whose chord bears N 58°39'26" W. 1.32 feet, to a point for a corner of this easement: N 71°22'25" W, 28.28 feet. to a point for a corner of this easement; along the arc of a curve to the right, having a radius of 3.00 feet, an arc length of 8.02 feet, and whose chord bears N 0514'50" E, 5.84 feet, to a point for the northwest corner of this easement: N 81052'05" E, 98.88 feet, to a point for a corner of this easement: along the arc of a curve to the right, having a radius of 7.00 feet, an arc length of 2.68 feet, and whose chord bears S 87°09'52" E, 2.66 feet. to a point for a corner of this easement: S 76°11'50" E, 30.08 feet, to a point for a corner of this easement; along the arc of a curve to the left, having a radius of 3.00 feet, an arc length of 0.66 feet, and whose chord bears S 82°29'39" E, 0.66 feet, to a point for a corner of this easement; S 88°47'28" E, 4.86 feet, to a point for the most northerly northeast corner of this easement; along the arc of a curve to the right, having a radius of 7.00 feet, an arc length of 10.35 feet, and whose chord bears S 46°25'07" E, 9.44 feet, to a point for the most easterly northeast corner of this easement: S 01°55'26" E, 7.58 feet, to a point for a corner of this easement; along the arc of a curve to the right, having a radius of 7.00 feet, an arc length of 7.81 feet, and whose chord bears S 30°01'33" W, 7.41 feet, to a point for a corner of this easement; S 89°56'31" W. 7.36 feet, to a point for a corner of this easement: along the arc of a curve to the left, having a radius of 10,00 feet, an arc length of 11.28 feet, and whose chord bears S 57°38'02" W, 10.69 feet, to a point for a corner of this easement: along the arc of a curve to the left, having a radius of 3.00 feet. an arc length of 6.04 feet, and whose chord bears S 32°21'58" E, 5.07 feet, to a point for a corner of this easement; N 89°56'44" E, 18.32 feet, to a point in the common line of said road and said TRINITY BAPTIST TEMPLE tract. for an ell corner of this easement: WHENCE a set MAG nail in asphalt at the northeast corner of said TRINITY BAPTIST TEMPLE tract bears N 00°03'16" W, 74.92 feet; THENCE S 00°03'16" E, 7.62 feet, with the common line of said road and said TRINITY BAPTIST TEMPLE tract, to a point for an ell corner of this easement: THENCE over and across said TRINITY BAPTIST TEMPLE tract the following courses and distances: S 89°56'44" W. 3.99 feet, to a point. for an ell corner of this easement; S 00°03'16" E, 28.38 feet. to a point, for an ell corner of this easement; S 89°56'44" W. 16.00 feet, to a point, for a corner of this easement; along the arc of a curve to the left, having a radius of 2.00 feet, an arc length of 6.28 feet, and whose chord bears S 00°03'16" E. 4.00 feet, to a point, for a corner of this easement; N 89°56'44" E. 19.99 feet, to a point, in the common line of said road and said TRINITY BAPTIST TEMPLE tract, for an ell corner of this easement; THENCE S 00°03'16" E, 8.00 feet, with the common line of said road and said TRINITY BAPTIST TEMPLE tract, to the POINT OF BEGINNING. L the undersigned. a Registered Professional Land Surveyor in the State of Texas, do certify that the above described property was surveyed on the ground; by me or under my direct supervision; visible conflicts, encroachments, and overlaps are as shown on this plat or map attached hereto; the area & boundary were determined with respect to the recorded references as shown: and the information presented is true & correct to the best of my knowledge. In addition. it is not intended to express or imply warranty, guarantee of ownership. or transfer of title. and this survey is subject to all applicable copyright laws from the date of this survey. The use of this survey is at the sole discretion of the end -user and/or assigns. all injuries, claims, losses, expenses. damages. or claim expenses arising from the use of this survey are the responsibility of the end -user and/or assigns. The surveyor's liability is limited to no greater than the fee charged for the professional services rendered during the course of this survey. To protect all parties involved, this survey is only valid if /origiI seal & signature appear on the face of this survey in blue ink. ______ ___ _________________ Kyle Rucker, istered Professional Land Surveyor No. 6444 0 F ', l Texas Sur yinq & Engineering, -Weatherford Branch .<<t:.,,\S 7E �� F-�- TEXAS 104 S. Walnut Street, Weatherford, TX 76086 weatherford@txsurveying.com - 817-594-0400 �P�Q�G � R�O�� . N SURVEYING & AN06367-R3 -January 7, 2026 o. :` ....`�cE.R KER:: ENGINEERING s�aa T;'� 9 OFFS c�\�?' WEATHERFORD - MINERAL WEILS ALEOO INC. 2D `'-" "'-" SGNVEYING FIRM NG. 1R1G0RO0 ENGINEERING FIRM No. F-175R6 G� EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN asa�.rMs.o JJS �.1 °�t\�; _ ' 4e VI' SNMO 71NIAU VI'H1NOV 1NOj 15 NMON8 NI�NVW'80N ZV09'CM NVId M, 1181HX3 g � a � � - a - 9NIN33N19N3 I9NIA3AHOS� StlX31 3wos r�oisin3a i C / / ' / � � \ / a� a s__ 2/ OG 31JOad4,29IHX �.; / ® §INS]INS] §■I]�22 !;! !!• � ! r > r r � � �s,nHwM sw SVX31 ALNOOO 1NVNNVI'H1NOM 1NOi 1S NMONB NIANV W '3 ON ZVOB 'FM NVId 3dV:)SaNb'l 8 118IHX3 s 59 1 a 1 g m 6 9NIH33N19N3 '89NIA3Aa0S snx31 a.„o,s, 3a SZ-LO-LO :aleP —NW m.vm :Aq uMeip dnoi0 U21Sa0 :Aq idde 10 a Emwaa7 Mi'HAOMAW avU ZVOA 'I'M SK9 NVId 3dVJSONVI 3ldW311SlLdd9 kArdl S1NMANdWI MOM GVM ZVOB £M 66Z£OI# dD ;Ili J Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort 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 pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins 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 basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. 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 final acceptance. 4. PREVENTIVE MAINTENANCEANSPECTION Visual inspections of all components will be conducted every 6 months. • A Iog shall be kept of maintenance actions, and inspections. The Iog should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • 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 FACILITY MAINTENANCE AGREEMENT 10 Rev. 1111912020 JLE W FEA a m z O W w w J CL LL ul z O w a. z E z Z R U. C aD a� m v a w E 0 L 0 C 7 C? p° a L G 0 I a ca 0 Cf 1 Ca C C v Di Q N C 0 N Q H Lo w to 0 w 0 0 0N N N w N N N C C C C C C C C C C C C C C C O QI N N O N E E E E E E E E E E E E E E .E E E E E E E E E E E E E E E E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II [IIIIIII I1111 O O o 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z N1 yl N[ (A1 NI wI (I Nl (D1 w1 NI Nl cn 1 cI Nto rU Cam• ca Cl. C CON C 'a N U C U) N C N o Ca O C (A-0 L i= C O N N vi Cam- C`• N o C U Ca a O O O u- W O W O 0 C` 'OU C 3 E N .r O O C- Ca m o r� °� ca m r c tica C 0 L aCi as . (D N a ca c C E CS 3 .§ -5.0 N •C -lid 0 C O ca 3 3 m N m m E � o o f rn o O E C -0 'a C C 0 U C U O N C C L N p W a m .. 12 N C f�a E . CD OL 4- 46 o +� 7 +i 0 Q N L o L Q. 0 0 3 ca c 04 c coa C `0 m C r ca U)N 0 o C 3 0 .0 a Q 0 C O O t- M'a O 2 Q a C E 0 N O= C N E 0 ., y. m C M o _ (U ca — N N `� `� 0 Fo a E 2 O m N `D to m C. CL G o w LV N to ..]G v a) � +�. +C. a) ram-+ L EL 'FL C) N N❑❑ U N N❑¢ " N¢ Q Q N N Q L w CV M 4 L6 Cp l� W, M* CV C6 4 6 L C C 7L a V E 0 LLI FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Trinity Baptist Temple Subject of the Agreement: Stormwater Facility Maintenance Agreement for new construction M&C Approved by the Council? * Yes ❑ No 0 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 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: If different from the approval date. Expiration 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. SWFMA-26-0005 *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 followingorder: rder: 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.