HomeMy WebLinkAbout065407 - Construction-Related - Contract - All Saints Episicopal School of Fort WorthDate Received:6/22/2026
Time Received: 1 :30 p.m.
Permit No.: SWFMA-26-0007
City Secretary No.:
STORMWATER FACILITY
MAINTENANCE AGREEMENT
65407
THIS AGREEMENT, made and entered into this 22 n d day of Jun e
2026, by and between ALL SAINTS EPISICOPAL SCHOOL OF FORT WORTH, a
Texas nonprofit corporation, acting by and through Dr. Rachel Pearcy, its duly authorized
Chief Financial 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
2.596 acre, 113,099 square feet tract of land situated in the Hays Covington Survey,
Abstract No. 256, Tarrant County, Texas, City of Fort Worth, being a portion of the tract
of land described in the deed recorded as Document No. D196218941, Official Records,
Tarrant County, Texas, and according to the plat recorded in Document No. D204222703
Plat 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 All Saints SWFMA 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
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
OFFICIAL RECORD
CITY SECRETARY
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 terns 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
BANDS, (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 22 n d day of June
CITY OF FORT WORTH
I
v
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date: 06/22/2026
Approved as to Form and Legality:
M.1Ce vin Alders,/1
M. Kevin Anders, II (Jun 17, 2026 15:26:01 CDT)
M. Kevin Anders, II
Assistant City Attorney II
City Attorney's Office
Date: 06/17/2026
nn
ATTEST: 101
Fg
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/� aAny nez o564d
L
Jannette S. Goodall
City Secretary
Date: 06/22/2026
2026.
LANDOWNER
ALL SAINTS EPISCOPAL SCHOOL
OF FORT WORTH
a Texas nonprofit corporation
By: Rachel Pearcy
Its: Chief Financial 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.
Kandice Meirielc
Planning Manager
Date: 06/17/2026
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 June 22, 2026 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
e KATHLEEN BRADFORD Notary Public, State of Texas
Notary PRIF=
STATE OF Notary I.D. 1My Comm Ex
LANDOWNER
STATE OF
COUNTY OF _ M 41N
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared
(name), k,� e"k 4 OAZc_9 /' (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 A \ (entity), a
(entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of )2026.
(�
E
C SHEPHERD Notary Public, State ofD #6069096ssion Expires 17, 2029
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev. 03/01/2022 BN
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
EXHIBIT 'A'
BEING a 2.596 acre, 113,099 square feet tract of land situated in the Hays Covington Survey, Abstract Number 256, Tarrant
County, Texas, City of Fort Worth, being a portion of the tract of land described in the Special Warranty Deed with Vendor's
Lien to All Saints Episcopal School of Fort Worth recorded in Volume 12569, Page 23, Deed Records of Tarrant County, Texas,
a portion of Lot 1R, Block 1R, All Saints Episcopal School Addition, Document Number 204222703, Official Public Records of
Tarrant County, Texas, said 2.596 acre tract of land being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found in the easterly right-of-way line of Longvue Avenue, a (120 foot wide right-of-way)
for the southwest corner of said Lot 1R;
THENCE with the south line of said Lot 111 South 899 52' 47" East a distance of 714.80 feet to a point;
THENCE departing the south line of said Lot 1R North 009 07' 13" East a distance of 10.57 feet to a 5/8 inch iron rod with a
yellow cap stamped "Dunaway Assoc" set for the POINT OF BEGINNING;
THENCE North a distance of 180.05 feet to a point;
THENCE North 649 49' 28" East a distance of 155.85 feet to a point;
THENCE South 679 04' 30" East a distance of 67.85 feet to the beginning of a non -tangent curve to the left having a radius Of
361.33 feet;
THENCE Southeasterly along said curve through a central angle of 362 54' 09" an arc distance of 232.72 feet with a chord
bearing of South 869 50' 48" East and a chord distance of 228.72 feet to the end of said curve;
THENCE South 682 28' 47" East a distance of 130.53 feet to a 5/8 inch iron rod with a yellow cap stamped "Dunaway Assoc"
set for corner;
THENCE South a distance of 160.53 feet to a point;
THENCE North 892 54' 28" West a distance of 553.34 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 2.596 acres (113,099 square feet) of land.
B008722.001
A drawing of even date accompanies
this metes and bounds description.
APRIL 21. 2026
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
G®®-TG S R e�9
00
GREGORY S. IFFLAND
4351 ®®
9�D0
®®eiooO�i�O
SURvF
PAGE i OF 3
SWFMA
BEING 2.596 ACRES OR
113,099 SQUARE FEET
OF
LOT 1R, BLOCK 111
ALL SAINTS EPISCOPAL SCHOOL ADDITION
DOCUMENT NUMBER 204222703
SITUATED IN THE
NAYS COVINGTON SURVEY
ABSTRACT NO, 256
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
4-23-2026
0 100'
SCALE FEET
100,
20' PUBLIC \ \ \
WATER \ \
EASEMENT \ \
CABINET A, \
PAGE 4305 \
3 P.R.T.C.T.
LLJ \
I U) \ _
O M \
Q
�aa.~ SAINTS CIRCLE
(j a'C, A� EMERGENCY ACCESS EASEMENT
LU V (D � S'r �01` DOCUMENT NUMBER 204222703
Jo O.P.R.T.C.T. LtJ
> ca _too O`v�,O �0- CD_
(D a G S�¢�G� ALL SAINTS EPISCOPAL lo-
2! SCHOOL
0
® j 1�$S� VOLUME 12569,ROPAGER23 �z
J b D.R.T.C.T. —1
a LOT 1 R, BLOCK 1 R I= ( o
ALL SAINTS EPISCOPAL U I o
SCHOOL ADDITION I Q
DOCUMENT NUMBER I g
POINT OF COMMENCING 204222703 POINT OF
5/8" IRON ROD FOUND O.P.R.T.C.T. i BEGINNING z
I N00'07'13"E
S89'52'47"E 714.80' 1 10.57' I
2 1 3 1 4
BLOCK 1
LINDA VISTA ESTATES
VOLUME 388 C, PAGE 70
P.R.T.C.T. 8
5 I 6 I 7
5/8" IRON ROD WITH YELLOW CAP STAMPrD "DUNAWAY ASSOC."' SET UNLESS OTHER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
NOTES; The basis of bearings for this Easement is the State Plane Coordinate System,
Zone 4202, North American Datum Of 1983.
B008722.001
A metes and bounds description of even
date accompanies this drawing .
APRIL 21, 2026
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 100981 DO
oT, R0
02 0
GREGORY S. IFFLAND
<- :; f, 4351 P
9�0°®®® ®®o®syo
SUIR
9 10
VVISE NOTED
Texas North Central
PAGE 2 OF 3
SWFIVIA
BEING 2.596 ACRES OR
113,099 SQUARE FEET
OF
LOT 1R, BLOCK 1R
ALL SAINTS EPISCOPAL SCHOOL ADDITION
DOCUMENT NUMBER 204222703
SITUATED IN THE
HAYS COVINGTON SURVEY
ABSTRACT NO, 256
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
4-23-2026
EXHIBIT 'A'
� III
I I I
SAINTS CIRCLEEMERGENCY
0
100'
20 1 PUBLIC DRAINAGE
ACCESS EASEMENT
DOCUMENT NUMBER 20422273
EASEMENT
/ // 0.P.R.T.C.T.
SCALE
FEET
\
DOCUMENT NUMBER
/
/ 7.5' PUBLIC SANITARY
1"=
100'
0 P.R?T.C.T.
/
/ EASEMENTSEWER
VOLUME 8018, PAGE190
D.R.T.C.T.
VARIABLE WIDTH PUBLIC SANITARY
SEWER EASEMENT
\
/
VOLUME 8018, PAGE 1903
\\�
III
0=36'54'09"
S67'04 30 E
R=361.33' L=232.72'
. 8
67.85
rCH=SB6' 50' 48"E 228.72' I I I
POINT OF
BEGINNING
N 00'07'13
10.5
1 \ \
o co �`} v�G �0
A�ST�g6
o'
0
z
ALL SAINTS EPISCOPAL
SCHOOL OF FORT WORTH
VOLUME 12569, PAGE 23
D.R.T.C.T.
LOT 1R, BLOCK 1R
ALL SAINTS EPISCOPAL
SCHOOL ADDITION
DOCUMENT NUMBER
204222703
0.P.R.T.C.T.
N89'54'28"W 553,34'
BLOCK 1
LINDA VISTA ESTATES
VOLUME 388 C, PAGE 70
10 11 P.R.T.C.T.
12 13 14
III
----- I
r3o S3
III
III
III
r III
� III
PUBLIC DRAINAGE EASEMENT 0 I 1
CABINEP.A, SLIDE 4305R. I 1
— II
BLOCK 2
15 16 17
SAN JACINTO DRIVE --i--'
2.596
ACRES
(1130099
SQUARE FEET)
(50 WIDE PUBLIC RIGHT-OF-WAY)
CABINET 388 C, SLIDE 70
P.R.T.C.T.
a
5/8" IRON ROD WITH YELLOW CAP STAMPED "DUNAWAY ASSOC." SET UNLESS OTHERWISE NOTED
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,
NOTES: The basis of bearings for this Easement is the State
Zone 4202, North American Datum Of 1983.
B008722.001
A metes and bounds description of even
date accompanies this drawing .
APRIL 21, 2026
550 Bailey Avenue - Surte 400 - Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
TEXAS
Plane Coordinate System, Texas North Central
PEE S �oTE TF
.�
GREGORY S. IFFLAND
� ®A 4351 v®
•: 0
9't'p( ®: ®:®o®.�o
S U 9
PAGE 3OF3
SWFMA
BEING 2.596 ACRES oR
113,099 SQUARE FEET
OF
LOT 1R, BLOCK 1111
ALL SAINTS EPISCOPAL SCHOOL ADDITION
DOCUMENT NUMBER 204222703
SITUATED IN THE
HAYS COVINGTON SURVEY
ABSTRACT NO.256
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
4-23-2026
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 AGREEMENT 0
Rev. 1 i119/2020 JLE
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FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: All Saints Episcopal School of Fort Worth
Subject of the Agreement:
SWFMA 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-26-0007
*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.