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HomeMy WebLinkAbout058947-RV1 - Construction-Related - Contract - Tarrant County Hospital District dba JPS Health NetworkDate Received: 5/4/2026 Time Received: 9:40 a . m Permit No.: SWFMA-26-0002 City Secretary No.: 58947-RV 1 REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between Tarrant County Hospital District d/b/a JPS Health Network, 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 8.47 tract of land situated in the Franklin Richards Survey, Abstract No. 1297, Tarrant County, Texas according to the deed recorded in Cabinet A Slide 3086 in the Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner applied for certain development permits for the Property with the City of Fort Worth in approximately March 2023, however the anticipated development did not subsequently occur; and WHEREAS, the Landowner and City executed a Stormwater Facility Maintenance Agreement ("Agreement") for the drainage facilities anticipated to be constructed during development, and which was filed with the City as City Secretary Contract No. 58947 and which is recorded in Instrument No. D223033410 in the Deed Records, Tarrant County, Texas; and WHEREAS, the Landowner and City wish to revoke said Stormwater Facility Maintenance Agreement because it is moot by virtue of the anticipated drainage facilities having never been constructed, and it is in the interest of the parties to revoke the Agreement; and OFFICIAL RECORD REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Revised 03/01/2022 BN FT. WORTH, TX Page 1 of 4 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 Stormwater Facility Maintenance Agreement (City Secretary Contract No. 58947) recorded in recorded in Instrument No. D223033410 in the Deed Records, Tarrant County, Texas is hereby revoked, and the obligations of the parties as stated therein are mutually terminated. 2. The parties to this Revocation represent that the foregoing recitals are true, that they possess sufficient interests in the Property to make this Agreement, and that they are legally authorized to execute this agreement. 3. This Agreement shall be recorded among the deed 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 owners association. [THE REMAINDER OF THIS PAGE TO REMAIN BLANK] REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 2 of 4 Executed this 2 n d day of May CITY OF FORT WORTH Jesica McEachern Assistant City Manager City of Fort Worth Date. 05/02/2026 Approved as to Form and Legality: M. kevih Aiv(el-J, // M. Kevin Anders. II (An, 28. 2026 '14. 11.43 CDT) M. Kevin Anders, II Assistant City Attorney II City Attorney's Office Date: 04/28/2026 onnIl ATTEST: _o9.;g � � * e ��ns�*x. � C°QIl aEoa544 l' Jannette S. Goodall City Secretary Date: 05/04/2026 2026. LANDOWNER Tarrant County Hospital District d/b/a JPS Health Netw)i)rk By: i arrell Its: a for Executive Vice President, ief O rating Officer `z 1 2w Date: 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: 04/28/2026 REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 4 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on May 2, 2026 by Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Notary Public, State of Texas to ro $ KATNLEEN BRADFORD + �n Notary Pohlio . STATE OF TEXAS FFFF����1111 Notary I.D. 12197197 aF+ My Comm. ES , Apr. 12, 2027 LANDOWNER STATE OF Cix �i COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of S on this day personally appeared � t � I E'k Ir--, (name), (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 considerat'7therem expressed, as the act and deed of ,L 'rcul- ; , �� ^S. 1 ��1 / (entity), a 4,41 `fII �06,a (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND �y� of 1tol ei , 2026. Suzanne Barnes ;�. Not Public STATE; OF TEXAS Notary ID #1N17257.2 My Comm. Exp. 08/06/2026- „,.,. OF OFFICE this day REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 4 of 4 PREVIOUS SWFMA D223033410 03/01/2023 03:19 PM Page: 1 of 19 Fee: $91.00 Submitter: COFW TPW STORM WATER DEV Electronically Recorded by Tarrant County Clerk in Official Public Records O"X h," MARY LOUISE NICHOLSON COUNTYCLERK Date Received: 2/28/2023 Time Received: 3:20 p.m. Permit No.: SVI'FMA-22-0100 City Secretan- No.: 58947 STORMWATER FACILITY iMAINTENANCE AGREEMENT 2023 THIS AGREEMENT. made and entered into this 1st day of March , by and between Tarrant County Hospital District d/b/a JPS Health Network, hereinafter referred to as "Landowner". and the City of Fort Worth. hereinafter referred to as "City". W ITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 8.47 acre tract located in the F. Richards Survey, Abstract 1297, Tarrant County, Texas according to the deed recorded in Cab. A Slide 3086, Deed 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 Rosedale Addition. 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 Landowner, its successors and assigns, the location and dimensions of which is shown and STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN D223033410 Page 2 of 19 more particularly described b} metes and bounds in the attached Exhibit "A" ("Facility Property"): and NOW. THEREFORE, in consideration of the fore-oing premises, the mutual covenants contained herein. and the followine, terms and conditions. the parties hereto agree as follows: I. 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 assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, inlet and outlet structures, pond areas. access roads, water quality device, 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 of inspection is to follow-up on reported deficiencies and/or to respond to STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN D223033410 Page 3 of 19 citizen complaints. The Cite 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, fails to maintain the Facility in good working condition as specified herein and such failure continues for 30 days after written notice from the City to Landowner of such failure. 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. In the event of any emergency, there will be no such notice requirement and the City will have the right to enter upon the Facility Property immediately to take whatever steps necessary to correct deficiencies. 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. 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. 7. Landowner covenants and agrees that no habitable building shall be erected within 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 property in which the Facility is located on, which do not impede STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN 3 D223033410 Page 4 of 19 drainave. Landowner covenants and agrees that no habitable buildinv shall be erected on the above property. in part of the same drainage sub -basin. abutting such property in which the 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 l 00-year frequency flood. 8. '['his 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. REMAINDER OF THIS PAGE TO BE LEFT BLANK STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03101/2022 BN 4 D223033410 Page 5 of 19 Executed this 1st day 01, March -)p 23 CITY OF FORT WORTH ! ;Ia-At� Dana Burghdoff (Feb 27, 20 15:41 CST Dana Burghdoff Assistant City Manager City of Fort Worth Date: Feb 27, 2023 Approved as to Form and Legality Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Feb 27, 2023 ATTEST: Jannette S. Goodall City Secretary Date: Feb 28, 2023 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN LANDOWNER Tarrant County Hospital District d/b/a JPS Health Network W i I I iam Masterso6 Sr. Executive Vice President, Chief Operating Officer Date: 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. Rebecca Diane Owen (Feb 27, 2023 15:10 CST) Rebecca Owen Planning Manager Date: Feb 27, 2023 9 D223033410 Page 6 of 19 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on February 27, 2023 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. O,�PRYPUB/ BROOKE BONNELL _ Notary Public * * STATE OF TEXAS Notary I.D. 134009525 My Comm. Exp. Oct. 11, 2026 LANDOWNER STATE OF T COUNTY OF '7f^ Brooke Bo n n e I I Digitally signed by Brooke Bonnell Date: 2023.02.27 15:49:20-06'00' Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and, for the State of tA on this day personally appeared_ �/(%(� j�'�1,It/1 &kZJ�Q (name), tkd. (�! 1� 4 lei'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 act and deed Hof L /V'�yyLt 4��lJ���( (entity), a r. stated. (entity type) and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 'F—A 20Z-5 t�:=quo Suzanne Barnes Notary Public STATE OF TEXAS % .-O.ev`:� Notary ID #12417257.2 'Fqf° My Comm. Exp.08/06/2026 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN Notary Pu 5 State of D223033410 Page 7 of 19 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN D223033410 Page 8 of 19 EXHIBIT "A" LEGAL DESCRIPTION PRIVATE DRAINAGE EASEMENT BEING 1.607 acres of land situated in the FRANKLIN RICHARDS SURVEY, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot A-1, Block T, Rosedale Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3086. of the Plat Records of Tarrant County, Texas. Said 1.607 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a point +ying N 13' 28' 29" E 309.49 feet, from a "MAG" nail found at the Southwest corner of said Lot A-1, Block T, Rosedale Addition; THENCE severing said Lot A-1, Block T, as follows: 1. N 490 27' 57" W 34.43 feet, to a point; 2. N 28' 19' 36" W 76.17 feet, to a point; 3. N 13' 2629" E 12.62 feet, to a point; 4. N 26' 07' 02" E 113.74 feet, to a point; 5. N 89° 21' 09" E 141.64 feet, to a point; 6. S 000 38' 51" E 16.00 feet, to a point at the beginning of a curve to the left; 7. SOUTHEASTERLY 3.14 feet, along said curve to the left, having a radius of 2.00 feet, a central angle of 90' 00' 00", and a chord bearing S 45° 38' 51" E 2.83 feet, to a point at the end of said curve; 8. N 89" 21' 09" E 41.00 feet, to a point at the beginning of a curve to the left; 9. NORTHEASTERLY 3.14 feet, along said curve to the left, having a radius of 2.00 feet, a central angle of 900 00' 00", and a chord bearing N 440 21' 09" E 2.83 feet, to a point at the end of said curve; 10. N 000 38' 51" W 16.00 feet, to a point; 11. N 890 21' 09" E 90.00 feet, to a point; 12. S 00° 38' 51" E 18.00 feet, to a point; 13. S 180 12' 19" E 88.04 feet, to a point; 14. S 00° 34' 46" W 31.04 feet, to a point; 15. S 16° 54' 25" W 69.84 feet, to a point; 16. S 410 40' 24" W 61.53 feet, to a point; 17. N 800 38' 15" W 236.65 feet, to the POINT OF BEGINNING containing 1.607 acres re feet) of land. G^'_ _'?1EASE�IENTS�R r.jale Addhi--n, Lot A -I, BIkT - Dr i-ql:a Ea-neni - 1 607 Acicc doe D223033410 Page 9 of 19 EXHIBIT "A" / h �1 LOT 3—R LOT 4—R, BLOCK R I BLOCK R ROSEDALE ROSEDALE i ADDITION ADDITION EAST MORPHY STREET � �`�' �-- .L5..--- r• r L9 � P.- �� TER' •;+ r / � C1 L7 �, ' 9:. � _0 . ................... > CHRIS L..7 BLEVINS .:: 4 ....5 / 9 2 ...P : .. �gtio. CID PRIVATE SURNF�o� °-1 DRAINAGE EASEMENT a 1.607 ACRES (69,981 SO. FT.) NOVEMBER 9, 2022 I I V �l' LOT A-1 , BLOCK "T" i� ROSEDALE ADDITION L15 �,ti� CAB. A, SLIDE 3086 P.R.T.C.T. p Il POINT OF BEGINNING G' OT Course Bearing Distance „T„ L1 N 49°27' W �+ I O LOT A-1, BLOCK L2 36' N 28°19'36" W 76.17' 76.17' ^� ROSEDALE ADDITION `r �, L3 N 13°26'29" E 12.62' CAB. A. SLIDE 3086 L4 N 26°07' 02" E 113.74' `- P.R.T.C.T. �j L5 N 89°21'09" E 141.64' coo I N OG, Zia 1 L6 S 00°38'51" E 16.00, L7 N 89°21'09" E 41.00' L8 N 00°38'51" W 16.00, ^,0' L9 N 89°21'09" E 90.00' L10 S 00°38'51" E 18.00' 1 1-11 S 18°12'19" E .04' L12 S 00°34'46" W 31 31.04' L13 S 16°54'25" W 6.' i � L14 S 41°40'24" W 61.5353' L15 N 80'38'15" W 236.65' �MAG NAIL FOUND LOT A-2, BLOCK "T" ROSEDALE ADDITION CAB. A, SLIDE 3086 P.R.T.C.T. Curve Radius Length Delta Chord Chord Bear. 01 2.00' 1 3.14' 90°00'00" 2.83' S 45-38-51" E C2 2.00' 3.14' 90°00'00" 1 2.83' N 44°2V 09" E BRITTAIN & CRAWFORD EXHIBIT MAP LAND SURVEYING & TOPOGRAPHIC MAPPING OF 1.607 ACRES OF LAND o s TEL (817) 926-0211 FAX (817) 926-9347 P.O. BOX 11374 • 3M SOUTH FREEWAY LOCATED IN O FORT WORTH, TEXAS 76110 LOT A-1. BLOCK T EM: cdmin0tw;tto7n-croafordxcwn WFKCiTE: .ww.W7ita:n—cr0wford.c0m ROSEDALE ADDITION FIRM CERTIF"T10NI 1019000 2013 &;Uain & cro.fdro. LLC All fSghla Reserved CITY OF FORT WORTH, TARRANT COUNTY, TEXAS SCALE 1 "=100' (KIiJ rM. ��Jtl.l]\Jr]-RV ]cUNlc rWV�v �..r�-�v•-•-•+-�•-•��•^�•••� y D223033410 Page 10 of 19 EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS D223033410 Page 11 of 19 +gm r= t.+or ' dye• o r � 0 MOT, i II M \wlM�eb,b,wb i _ _ -`a II D .� ... .� .. y ,h a e,• e>. e,..u,.. w..�.w......: _ b — ^� �_� .. '.Y! s —�>_• a?___Sn.—_vL ,ett ieT_'w.2i+_v.n.. erl e...w /--an 3.00 u ro. D223033410 Page 12 of 19 t i 'V,_ IIMI��i 2; 1� :- NO 1! � •���� -- revs-4"�%� p, � D223033410 Page 13 of 19 Ni LOP Md LU rs a� z O rr Sh-I SIDEWALK FLUME CROSSING GL SIDEWALK %MME CROSSING GG Soo D223033410 Page 14 of 19 D223033410 Page 15 of 19 ii ii rr D223033410 Page 16 of 19 C� C •-i tTP.RRTfI�J�l��!� C 10 CO D223033410 Page 17 of 19 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 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, 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 Rev. 11117/2016 LA D223033410 Page 18 of 19 Exhibit •'D" Stormwater Structural Maintenance CHECKLIST FREQUENT ! REPAIRS REPAIRS INSPECTION I DATE REQUIRED I N1A1)F. I NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip -Rap Condition of filtrations stem STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/1712016 D223033410 Page 19 of 19 Benn or Embankment i Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT Re, 11117/2016 10 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Hospital District d/b/a JPS Health Network Subject of the Agreement: Revocation of Contract # 58947 M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 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 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. PN26-0001 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 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.