HomeMy WebLinkAbout064894 - Construction-Related - Contract - Overwatch Ventures, LLCDate Received: 3/18/2026
Time Received: 3 : 02 p.m.
Permit No.: SWFMA-25-0112
City Secretary No.: 64894
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 1 7th day of March
2026, by and between Overwatch Ventures, LLC, acting by and through Andy Dunning,
its duly authorized Managing Member, 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
122,006 Square foot (2.801 acre) tract of land situated in the H. Covington
Survey, Abstract No. 256, City of Fort Worth, Tarrant County, Texas being a portion
of Lots 1 through 5 and 25 through 31, Block 7 and Lots 32 through 38, Block 6 of
Coronado Hills, a subdivision of record in Volume 388-14, Page 1 of the Plat Records
of Tarrant, and according to the deed recorded in Document No. D224123893,
Official Public Record, Tarrant County, Texas, also being a portion of Coronado
Drive and Retama Road, vacated by Ordinance Number 28054-10-2025, 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 Cherry Lane Auto Auction
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 OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev. 03/01/2022 BN FT. WORTH, TX
WHEREAS, the City requires that on -site Stormwater Management 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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
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 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. 03/01/2022 BN
Executed this 17th day of'March
CITY or FORT WORTH
Jesica McCachem
Assistant City Manager
City of l:ott Worth
Date: 03/17/2026
Approved as to Form and Legality:
M,, fCw�;v And &r l
M. Kevin Anders, II (Mar 12, 2026 11:17:01 CDT)
M. Kevin Anders, Il
Assistant City Attorney
City Attorney's Office
Date: 03/12/2026
PoinnL
FORT�I dd
ATTEST: �o
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c°de.....
ez asa4
Jannette S. Goodall
City Secretary
Date: 03/18/2026
, 2026,
LANDOWNER
Overwatch Ventures, LLC
a'I'exas limited liability company
ndy Dunning
Its: Managing Member
Date: 2G
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
re uire nts.
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 TAR RANT
11tis instnument was acknowledged before me on March 17, 2026 by
Jesica Mcl-achcnt, Assistant City Milliner of the City of Fort Worth, on behalf of the City
Of fort Worth.
�� Pn KATHLfEN SRADFORD
� n NeiEN BRAD
* �. F7 + STATE OF iD(AS
� 66"VV $ Notary LD, 72747197
aF My Comm. a , Apr. 12. 2OZ7
LANDOWNER
STATE OF ::Z I
COUNTY OF zQg 11aj
Notary Public, State of Texas
0
L11
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared
(name), /'1'I�nALlcn� ,f'1,,,,/�®� 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
act and A deed of Uyt u�_ U�I�i s (entity), a
stated.
of n (entity type) and in the capacity therein
GIVEN UNDER MY HAND AND SEAL OF OFFICE this %yday
of , 20 ;2�-
KARLA OF PESINA
Notary Public. State of Texas
Comm. Expires 08.21-2028
Notary ID 126141790
zX
Notary Public, State of ��f
STORMWAT£R FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/01/2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT A
STORMWATER FACILITY MAINTENANCE AGREEMENT
122,006 SQUARE FEET OR 2.801 ACRE
LOTS 1 THROUGH 5 AND 25 THROUGH 31, BLOCK 7, AND
LOTS 32 THROUGH 38, BLOCK 6 CORONADO HILLS
H. COVINGTON SURVEY, ABSTRACT NO. 256
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
LEGAL DESCRIPTION
Being a 122,006 square foot (2.801 acre) tract of land out of
the H. Covington Survey, Abstract Number 256, situated in
the City of Fort Worth, Tarrant County, Texas, being a
portion of Lots 1 through 5 and 25 through 31, Block 7 and
Lots 32 through 38, Block 6 of Coronado Hills, a subdivision
of record in Volume 388-14, Page 1 of the Plat Records of
Tarrant County, Texas, also being a portion of Coronado
Drive and Retama Road, vacated by Ordinance Number
28054-10-2025 and being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with green plastic cap
stamped "EAGLE SURVEYING" set in the East line of a
Drainage Channel (public right-of-way) of record in Volume
388-14, Page 1 of said Plat Records, being the Southwest
corner of said Lot 32, being the Northwest corner of said Lot
33;
THENCE, N52°51'02"E, leaving the East line of said
Drainage Channel, over and across said Lot 32, a distance
of 39.37 feet to the POINT OF BEGINNING;
THENCE, over and across said Blocks 6 and 7 and said
Coronado Drive and said Retama Drive, the following
eleven (11) courses and distances:
1. N64°42'28"E, a distance of 60.76 feet to a point;
2. N23°45'36"W, a distance of 44.16 feet to a point;
3. N89°30'45"E, a distance of 47.75 feet to a point;
4. S68°22'41 "E, a distance of 132.24 feet to a point;
PAGE 1 OF 3
5. S75°45'50"E, a distance of 81.90 feet to a point from
which a 1/2 inch iron rod with green plastic cap
stamped "EAGLE SURVEYING" set in the West
right-of-way line of Bonnie Drive (50' right-of-way),
being the Northeast corner of said Lot 26, also being
the Southeast corner of said Lot 25, bears
S59°47'09"E, a distance of 68.06 feet;
6. S00°16'55"E, a distance of 341.00 feet to a point;
7. S89°45'32"W, a distance of 329.58 feet to a point;
8. N62°19'44"W, a distance of 64.67 feet to a point from
which a 1/2 inch iron rod with green plastic cap
stamped "EAGLE SURVEYING" set at an angle point
in the East line of said Drainage Channel, being the
common West line of said Lot 37, bears N01°14'05"W,
a distance of 36.44 feet;;
9. N26°07'09"E, a distance of 104.52 feet to a point;
10. N16°14'52"E, a distance of 127.36 feet to a point;
11. N09°25'06"E, a distance of 99.66 feet to the POINT
OF BEGINNING and containing an area of 2.801 acres
(122,006 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).
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
Patrick Mallon
R.P.L.S. # 7170
O F R+�N
...... K A..... MALLON
'< e .Q...7170 ... sa
9��oaFsss°y0 C�3-d3--a0o1�
\—SURv^ Date
EXHIBIT A
STORMWATER FACILITY MAINTENANCE AGREEMENT
122,006 SQUARE FEET OR 2.801 ACRE
LOTS 1 THROUGH 5 AND 25 THROUGH 31, BLOCK 7, AND
LOTS 32 THROUGH 38, BLOCK 6 CORONADO HILLS
H. COVINGTON SURVEY, ABSTRACT NO. 256
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
1" = 100'
0 50 100
SURVEY ,
COVINGTON 0.256
ABSTRACT N /
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2 OF 3
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
2403.151-05 PM 03-03-2026
0' UTILITY EASEMENT
VOL. 388-14, PG. 1
P.R.T.C.T.
BLOCK 8 v
CORONADO HILLS
VOL. 388-14, PG. 1
P.R.T.C.T.
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
OFR�+
PAT ... AN ..... MALLON
° A 7170
vti:�°FESS,°� �o 03-03 aoa�
Patrick Mallon SURv�C Date
R.P.L.S. # 7170
EXHIBIT A
STORMWATER FACILITY MAINTENANCE AGREEMENT
122,006 SQUARE FEET OR 2.801 ACRE
LOTS 1 THROUGH 5 AND 25 THROUGH 31, BLOCK 7, AND
LOTS 32 THROUGH 38, BLOCK 6 CORONADO HILLS
H. COVINGTON SURVEY, ABSTRACT NO. 256
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 52°51'02" E
39.37'
L2
N 64°42'28" E
60.76'
L3
N 23°45'36" W
44.16'
L4
N 89°30'45" E
47.75'
L5
S 68°22'41" E
132.24'
L6
S 75°45'50" E
81.90,
L7
S 00°16'55" E
341.00'
L8
S 89°45'32" W
329.58'
L9
N 62°19'44" W
64.67'
L10
N 26°07'09" E
104.52'
L11
N 16°14'52" E
127.36'
L12
N 09°25'06" E
99.66'
L13
S 59°47'09" E
68.06'
L14
N 01°14'05" W
36.44'
PAGE 3OF3
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DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Overwatch Ventures, LLC
Subject of the Agreement:
Stormwater Facility Agreement needed 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-25-0112
*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.