HomeMy WebLinkAbout065147 - Construction-Related - Contract - Tarrant County Hospital District dba JPS Health NetworkDate Received: 5/4/2026 Permit No.: SWFMA-25-0107
Time Received: 9:40 a.m. City Secretary No.: 65147
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of May
2026, by and between Tarrant County Hospital District d/b/a JPS Health Network, acting
by and through Jill Farrell, its duly authorized Senior Executive Vice President, Chief
Operating Officer, 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
0.988 of an acre tract of land, being a portion of the remainder of Lots 1 and 2, Block R,
Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed
in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), also being a
portion of Lots 3-R and 4-R, Block R, Rosedale Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as filed in Volume 388-202, Page 95, P.R.T.C.T., and
being all or portions of those certain tract of land described in the deeds to Tarrant County
Hospital District, as filed in Instrument #D211306101, Deed Records of Tarrant County,
Texas (D.R.T.C.T.), for the remainder of Lot 2, Block R, Rosedale Addition, Instruments
#D202002463, #D202002460 and #D202002461, D.R.T.C.T., for the remainder of Lot 2,
Block R, Rosedale Addition, and Instrument #D204238906, D.R.T.C.T., for Lots 3-R and
4-R, Block R, Rosedale Addition, 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 John Peter Smith (JPS) Hospital
Addition hereinafter called the "Plan", which is expressly made a part hereof, as approved
OFFICIAL RECORD
CITY SECRETARY
STCRMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev. 03/01/2022 BN
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 constricted 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 constrict and
maintain the on -site Stornwater 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 Stornwater
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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 03/01/2022 BN
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 fiunction, 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
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 03/01/2022 BN
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. TO
THE EXTENT PERMITTED BY THE TEXAS CONSTITUTION,
LAWS, AND RULES, AND WITHOUT WAIVING ANY IMMUNITIES
OR DEFENSES AVAILABLE TO LANDOWNER AS A
GOVERNMENTAL ENTITY, 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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 03/01/2022 BN
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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev. 03/01/2022 BN
Executed this 2 nd day of M ay
CITY OF FORT WORTH
C�)�'
Jesica McEachem
Assistant City Manager
City of Fort Worth
Date: 05/02/2026
Approved as to Form and Legality:
M. K r ifv AKI)&-rkl It
M. Kevin Anders, II (Apr28, 2026 13:51:13 CDT)
M. Kevin Anders, II
Assistant City Attorney II
City Attorney's Office
Date: 04/28/2026
Ry9Il
ATTEST: 01 F�RT�°°
�a� p0o
p°j`g p.10
Jannette S. Goodall
City Secretary
Date: 05/04/2026
2026.
LANDOWNER
Tarrant County Hospital District
d/b/a JPS Health Network (the District)
a Texas nonpofit corporation
By: JT Farrell
Its: Pnior Executive Vice President,
Chief Operating Officer
Date: �hq
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all perforniance and reporting
requirements.
jz��
Kandice Merrick
Planning Manager
Date: 04/28/2026
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/01/2022 BN
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. x-
Notary Public, State of Texas
�a r� KATHLta DRADFORD
NQiary IJID
• r STATE OF TD(AS
`2 Notary I.D. 12197197
aF My Comm. E ,Apr.12, 2927
LANDOWNER
STATE OF�k-
COUNTY OF�(.Tr
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
T'-k- , on this day personally appeared �I I 1 %"d�j'rt II
(name), �;Q . We-, Vf �; 6E) U (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 considerati therein expr sled, as the
act and deed of 1 G.✓ a ,� (� l��(� I T�` (entity), a
i—I V
O_ULQ6 Lee- (entity type) and in the capacity therein
stated.
IVEN UNDER MY HAND AND
of ,20-2�.
Suzanne Barnes
�� : Notary Public
[E-W
STATEOF TEXASy; Notary ItD #12417257.2
., My Comm. Exp. 08/06/2026
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
VL1017 OFFICE this `J'k— day
ry Public, State of
7
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT "A"
"STORM WATER DETENTION FACILITY"
BEING 0.988 of an acre of land being a portion of the remainder of Lots I and 2, Block R,
Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in
Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), also being a
portion of Lots 3-R and 4-R, Block R, Rosedale Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as filed in Volume 388-202, Page 95, P.R.T.C.T., and being
all or portions of those certain tract of land described in the deeds to Tarrant County Hospital
District, as filed in Instrument #D211306101, Deed Records of Tarrant County, Texas
(D.R.T.C.T.), for the remainder of Lot 2, Block R, Rosedale Addition, Instruments
#D202002463, #D202002460 and #D202002461, D.R.T.C.T., for the remainder of Lot 2,
Block R, Rosedale Addition, and Instrument #D204238906, D.R.T.C.T., for Lots 3-R and
4-R, Block R, Rosedale Addition, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 3/8 inch iron rod set with cap stamped "TNP INC ESMT" (hereinafter all
3/8 inch iron rods set are marked the same), in the west line of the remainder of said
Lot 3-R, also being in the east Right -of -Way (R-O-W) line of S. Main Street
(variable width), from which a mag nail found at the northwest corner of the remainder of
said Lot 3-R, also being the southwest corner of the remainder of said Lot 1, bears
N 00°36' 13" W, a distance of 89.57 feet, from which a 1/2 inch iron rod with cap stamped
"Area Surveying", found at the northeast corner of said Lot 1, also being the northwest corner
of said Lot 2, and in the south R-O-W line of W. Magnolia Avenue (50' in width per Volume
32, Page 382, P.R.T.C.T.), bears N 00°36'13" W, along the west line of the remainder of
said Lot 1, and continuing along the east R-O-W line of said S. Main Street, a distance of
133.92 feet to the northwest corner of the remainder of said Lot 1, also being the intersection
of the south R-O-W line of said W. Magnolia Avenue, with the east R-O-W line of said
S. Main Street, and N 89°20'25" E, along the north line of said Lot 1, and south R-O-W line
of said W. Magnolia Avenue, a distance of 88.10 feet to said 1/2 inch iron rod with cap
stamped "Area Surveying", found at the northeast corner of said Lot 1, and northwest corner
of said Lot 2; from which the northeast corner of said Lot 2, also being the intersection of the
south R-O-W line of said W. Magnolia Avenue, with the west R-O-W line of Bryan Avenue
(60' in width, to be vacated), bears N 89°20'25" E, a distance of 100.00 feet, from which a
1/2 inch iron rod found, bears N 52°52'49" W, a distance of 0.20 feet;
THENCE N 00036' 13" W, along the east R-O-W line of said S. Main Street, and along the
west line of the remainder of said Lot 3-R, also passing along the west line of the remainder
of said Lot 1, a distance of 129.65 to a 3/8 inch iron rod set at the beginning of a curve to the
right whose radius is 121.94 feet, and whose long chord bears N 51034'41" E, a distance of
151.70 feet;
THENCE leaving said line, passing over and across said Lots 1, 2, 4-R and 3-R, the
following courses, and distances;
Sheet 1 of 3
JPS 23522
Along said curve in a northeasterly direction, passing over and across said Lot 1, and
continuing over and across said Lot 2, through a central angle of 76°55'41", an arc
length of 163.73 feet to a 3/8 inch iron rod set at the end of said curve;
N 89°43'42" E, continuing over and across said Lot 2, a distance of 8.91 feet to the
beginning of a curve to the right whose radius is 73.73 feet, and whose long chord
bears S 51°17'23" E, a distance of 76.58 feet;
Along said curve in a southeasterly direction, continuing over and across said Lot 2,
through a central angle of 62°34'31 ", an arc length of 80.52 feet to a 3/8 inch iron
rod set at the end of said curve;
S 00°36' 13" E, continuing over and across said Lot 2, a distance of 87.18 feet to a
3/8 inch iron rod set;
S 28°44'02" W, continuing over and across said Lot 2, also passing over and across
said Lot 4-R, a distance of 35.11 feet;
S 0717'21" W, continuing over and across said Lot 4-R, a distance of 75.83 feet to
the beginning of a curve to the right whose radius is 39.87 feet, and whose long chord
bears S 41°49'01" W, a distance of 48.51 feet;
Along said curve in a southwesterly direction, continuing over and across said Lot
4-R, through a central angle of 74°55'53", an arc length of 52.14 feet to an "X" cut
set in concrete at the beginning of a compound curve to the right whose radius is
171.09 feet, and whose long chord bears N 67°26'48" W, a distance of 138.85 feet;
Along said curve in a northwesterly direction, continuing over and across said Lot
4-R, also passing over and across said Lot 3-R, through a central angle of 47°52'52",
an arc length of 142.98 feet to the POINT OF BEGINNING and containing 43,050
square feet or 0.988 of an acre of land.
P G�STER'��%'�
THERON �W�� 51MS
Ja 19, 2026 ..%.....................
Theron W. Sims, R.P.L.S.
:q 5887
Texas Registration No. 5887 Or SO
Surveyed on the ground Jan. 15, 2026
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.000148415 was used to- scale grid coordinates and
distances to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 2 of 3
JPS 23522
NOTES.
1) Bearings of lines shown hereon refer to Grid North of the
Texas Coordinate System of 1983 (North Central Zone; p=76'S5'41"
NADB3(2011) 2010.00) as derived locally from Allterra Central's R-121.94•
Continuously Operating Reference Stations (CORS) via Real L-163.73'---,
Time Kinematic (RTK) methods. An average Combination CB—N51'34'41"E
Factor of 1.000148415 was used to scale grid coordinates and CL=151.70'
distances to surface.
2) All easement corners shown hereon as (0) are marked with
3/8 inch iron rods set with cap stamped "TNP INC ESMT',
unless otherwise noted.
3) Integral parts of this survey:
a. Legal Description
b. Sketch
THERON W. SIMS, R.P. S.
TEXAS REGISTRATION NO. 5887
Date: Jan. 19, 2026 0 F T
Surveyed on the ground
Jan. 15, 2026
p�;•��STERFF-f'
.............................
THERON W. SIMS
..% ..................... ti...
: 0 5887
� "Es s t o� 0�
\0 •SUR`l••�
Ui
MAC NAIL
FND.
EXHIBIT "B" t.O.B
STORM WATER
DETENTION FACILITY
Being a portion of the remainder of Lots 1 and 2, Block R,
Rosedale Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Volume 32, Page 382, Plat
Records of Tarrant County, Texas (P.R.T.C.T.), also being a
portion of Lots 3-R and 4-R, Block R, Rosedale Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, as
filed in Volume 388-202, Page 95, P.R.T.C.T.
1/2" IRF WITH CAP
STAMPED "AREA SURVEYING"
(CONTROL MON.)
NBW20'25'E, 88.10'
A=4T52'52"
R-171 09'
(50' WIDE R—O—W, PER VOL. 32, PG. 382, P.R.T.C.T.)
W. MAGNOLIA AVE.
N89'20'25-E, 100.00'
I
A 1/2" IRF, BEARS
N52"52'49'W, 0.20'
(CONTROL MON.)
A-62'34'31" I
R-73.73' I
CB=S51' 17'23"E
CL-76.58'
L=142.98'—j I I at
I CB=N67*26'48'W I 'X" CUT SET p=74'55'53" I
CL-138.85' IN CONC. _ R=39.87'
TARRANT CO. HOSP/TAL DST. L=52.14'
teague nail & perkins /NST. 102042JB906 CB=S41'49'01'W
T.C.T. CL=48.51' R.
5237 N. Riverside Drive, Suite 100 D.
I _ _ L
Fort Worth, Texas 76137 /1
60' l'>;.'.?E R—O—'-: FAR F_. M1•,'ORPI•!Y STREFi' AA'•:1 RFi✓A1N:c';
A,,tn817.336.5773 ph 817.332.7756 fx AS A PUBLIC ACCESS AND U!IJI" FASO ENf (70 BE VAGAIED)
P"'WwwWAnpinc.com / TBPELS Registration No. 100116-00
JOB No. JPS 23522
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SHEET 3 OF 3..,
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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n4ma L-1002 —
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 pondibasin
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 10
Rev. 11/19/2020 JLE
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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: New SWFMA agreement for new construction
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. SWFMA-25-0107
*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.