HomeMy WebLinkAbout065214 - Construction-Related - Contract - LVPA 4709 Lone Star Boulevard Owner, LLCDate Received: 5/20/2026
Time Received: 8.0 0 a.m.
Permit No.: SWFMA-26-0012
City Secretary No.: 65214
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 1 9th day of May ,
2026, by and between LVPA 4709 Lone Star Boulevard Owner, LLC, a Delaware limited
liability company, acting by and through Tyler Freely, its duly authorized Vice President,
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
0.3715 acre (16,185 square foot) tract of land, situated in the D. Odom Survey,
Abstract No.1184, City of Fort Worth, Tarrant County, Texas, said tract being part of Site
1R, Mark IV Industrial Park Addition, an addition to the City of Fort Worth according
to the plat recorded in Instrument No. D215089859 of the Official Public Records
of Tarrant County, Texas and according to the deed recorded in Document No.
D224169328, 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 Lonestar Blvd. 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
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, Tx 1
Rev. 03/01/2022 BN
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 1 9 t h day of M a y
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date: 05/19/2026
Approved as to Form and Legality:
M. fC&vi*v AYLfiE rk) 11
M. Kevin Anders, II (May 11, 2026 09:11:27 CDT)
M. Kevin Anders, II
Assistant City Attorney 11
City A.ttorney's Office
Date: 05/11/2026
ATTEST:
Jannette S. Goodall
City Secretary
Date: 05/19/2026
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2026.
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LVPA 4709 Lone Star Boulevard Owner,
LLC
a Delaware limited liability company
By: LVPA OS II Holdings I, LLC
a Delaware limited liability
company
its Governing Person
//y k"i,
B : Viler Feeley
Its: Vice President
Date: 4 C3
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.
i/
Kandice Merrick
Planning Manager
Date: 05/11 /2026
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STQRUWATER FACILITY MAINTENANCE AGREEMENT 5
Rev. 03/01/2022 BN
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on May 19, 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
P KATHLEEN BRADFORD
Notary Public
r r STATE OF TEXAS
b V Notary I.D. 12197197
OF, M Comm. Ex , Apr. 12 2027
LANDOWNER
STATE OF §
COUNTY OF F t-L 1 A d §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
rr 4 1LT , d , on this clay personally appeared
(name), Vice President (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 of WN L 7 u°\ L_or\p- A:t tA;vork U 0A1-� L (entity), a
(-,b MQ,pY l _ (entity type) and in the capacity therein
stated_
GI /V�EN UNDER MY HAND AND SEAL OF OFFICE this
Of IV �I , 2026. n (�
Notary Public,
�� P 1) /)/,- 0/-C
STORMWATER FACUTY W04TENANCE AGREEMENT
Rev_ 03/01/2022 BN
day
q f NOTARY c
PUBLIC
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
LEGAL DESCRIPTION
PRIVATE DRAINAGE EASEMENT
BEING a 0.3715 acre (16,185 square foot) tract of land situated in the D. Odom Survey, Abstract No. 1184, City of
Fort Worth, Tarrant County, Texas, said tract being part of Site 1 R, Mark IV Industrial Park Addition, an addition to
the City of Fort Worth according to the plat recorded in Instrument No. D215089859 of the Official Public Records,
Tarrant County, Texas; said tract also being a part of that tract of land described in Special Warranty Deed to 4709
Lone Star Boulevard Owner, LLC of the said Official Public Records of Tarrant County, Texas; said tract being more
particularly described as follows:
COMMENCING at the most easterly corner of said Site 1 R; said point being in the southwest right-of-way line of
Lone Star Boulevard (a 80-foot wide right-of-way); said point also being the beginning of a non -tangent curve to the
right;
THENCE in a northwesterly direction, along the said southwest right-of-way line of Lone Star Boulevard and
with said non -tangent curve to the right, having a radius of 653.88 feet, a central angle of 7'14'16", and a chord
bearing and distance of North 41 °26'34" West, 82.55 feet and an arc distance of 82.60 feet to a point for
corner;
THENCE North 37°48'46" West, continuing along the said southwest right-of-way line of Lone Star Boulevard,
a distance of 150.82 feet to the POINT OF BEGINNING;
THENCE South 29°01'53" West, departing the said southwest right-of-way line of Lone Star Boulevard, a distance of
26.21 feet to a point for corner;
THENCE South 37°51'12" East, a distance of 156.86 feet to a point for corner at the beginning of a tangent curve to
the right;
THENCE in a southwesterly direction, with said tangent curve to the right, having a radius of 10.00 feet, a central
angle of 141 °54'53", and a chord bearing and distance of South 33°06'14" West, 18.91 feet and an arc distance of
24.77 feet to a point for corner;
THENCE North 75°56'20" West, a distance of 190.80 feet to a point for corner at the beginning of a non -tangent
curve to the right;
THENCE in a northwesterly direction, with said non -tangent curve to the right, having a radius of 20.01 feet, a central
angle of 127'49'16", and a chord bearing and distance of North 11'59'19" West, 35.94 feet and an arc distance of
44.63 feet to a point for corner;
PRIVATE
DRAINAGE EASEMENT
D. ODOM SURVEY,
ABSTRACT No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
THENCE North 51 °58'23" East, a distance of 99.82 feet to a point for corner at the beginning of a tangent curve to
the right;
THENCE in a easterly direction, with said tangent curve to the right, having a radius of 20.00 feet, a central angle of
60°18'34", and a chord bearing and distance of North 82°07'40" East, 20.09 feet and an arc distance of 21.05 feet to
a point for corner;
THENCE North 29°01'53" East, a distance of 29.11 feet to a point for corner;
THENCE South 37°48'46" East, a distance of 10.88 feet to the POINT OF BEGINNING and containing 16,185
square feet or 0.3715 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement described.
MICHAEL CLEO BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
i............ r`.........:�.
MICHAEL CLEO BILLINGSLEY
i..................................
q 6558
\
PRIVATE
DRAINAGE EASEMENT
D. ODOM SURVEY,
ABSTRACT No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
SITE 1 R \\ \\\ �90�� 0�
MARK IV INDUSTRIAL \\ \\ °°
ADDITION
(INST. NO. D215089859)
LVPA 4709 LONE STAR
BOULEVARD OWNER, LL
(INST. NO. D224169328)
\ \ \ 10T �Q
\v P.O.0
PRIVATE
DRAINAGE
EASEMENT
0.3715 ACRES
16,185 SQ. FT.
CURVE TABLE
NO.
RADIUS
DELTA
CHORD BEARING
CHORD
LENGTH
C1
10.00'
141°54'S3"
S33006'14"W
18.91,
24.77'
C2
20.01'
127'49'16"
N11°59'19"W
35.94'
44.63'
C3
20.00'
60°18'34"
N82°07'40"E
20.09'
21.05'
NOTES:
ME,gc
eotjL CAM
(A lrgR�gB`EW/DTEFV/1 `D
G/ �T OF wAY)
NORTH
0 30 60
GRAPHIC SCALE IN FEET
LINE TABLE
NO.
BEARING
LENGTH
L1
S29°01'53"W
26.21'
L2
S37°51'12"E
156.86'
L3
N75°56'20"W
190.80,
L4
N51°58'23"E
99.82'
L5
N29°01'53"E
29.11'
L6
S37°48'46"E
10.88'
6' UTILITY EASEMENT
(VOL. 388-89, PG. 1)
20' GAS LINE EASEMENT
(INST. NO. D208026099)
P.O.C.
5/8" IRF
(C.M.)
S42°39'57"W
4.10'
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the easement tract.
MICHAEL CLEO BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
I............ r`.........:�.
MICHAEL CLEO BILLINGSLEY
..................................
q 6558
\
PRIVATE
DRAINAGE EASEMENT
D. ODOM SURVEY,
ABSTRACT No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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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 AGREEMEN
Rev. 11 / 17/2016
Exhibit "D"
Drainage Channel Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Channel
Amount of silt in
channel
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
Drainage Channel
Quality Structure
Type of Drainage
Channel Quality
Structure
Structure type and
Condition
Condition of Rip -Rap
Condition of filtration
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
system
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
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FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: LVPA 4709 Lone Star Boulevard Owner, LLC
Subject of the Agreement: Stormwater Facility needed 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-26-0012
*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.