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HomeMy WebLinkAbout064462-A1 - Construction-Related - Contract - WillMax FW Multi-Family, L.P.Date Received: 7/7/2026 Time Received: 4:27 p.m. City Secretary Maint26-003 Contract No.: 64462-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 64462 SANITARY SEWER MAINTENANCE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 64462 is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the state of Texas, and WillMax FW Multi -Family, L.P. ("Landowner"). WHEREAS, the City and Landowner entered into City Secretary Contract No. 64462 (the "Agreement") to authorize the construction and maintenance of an on -site sanitary sewer facility on a portion of Landowner's property (the "Facility"); and WHEREAS, the Agreement was subsequently recorded with the property records of Tarrant County as Document No. D225235200; and WHEREAS, the Agreement contains exhibits "A" and "B," which depict the location and design specifications of the Facility; and WHEREAS, the Parties desire to amend the Agreement to revise the second Recital found on Page 1 of the Agreement to update and clearly define Landlord's obligations under the Agreement and to incorporate Exhibit "D" into the Agreement as a reference document related to said obligations. NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives, enter into this First Amendment, which amends the Agreement: 1. The second Recital found on page 1 of the Agreement is hereby deleted in its entirety and replaced with the following language: WHEREAS, the Landowner intends to develop the Property as depicted on the site plan attached hereto as Exhibit `B" and incorporated herein by reference (the "Site Plan) and as part of such development, the Landowner shall provide for the management of a private sanitary sewer lift station and 1.465 linear feet of 4" private sanitary sewer force main, both located within the area covered under the Sanitary Sewer Line Easement Agreement between BDV Benbrook LLC and WillMax FW Multi -Family, L.P. (as recorded with the property records of Tarrant County as Document No. D225147552, attached hereto as Exhibit "D"). 2. The Agreement is amended to incorporate Exhibit "D", Sanitary Sewer Easement Between City of Fort Worth, Texas First Amendment to City Secretary Contract No. 64462 Page 1 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX BDV Benbrook LLC and WillMax FW Multi -Family, L.P., attached hereto. 3. This Amendment shall be filed with the City Secretary as an amendment to the Agreement and also 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 owners association. Ej a. All other provisions of the Agreememt which are not expressly amended herein shall remain in full force and effect. b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in the Agreement. [Signature page follows] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 64462 Page 2 of 6 IN TESTIMONY WHEREOF, the City and Landowner have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH Dia;rna Giofc(aito Dianna Giordano (Jul 7, 2026 10:56:32 CDT) Dianna Giordano Assistant City Manager Date: 07/07/2026 Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No. N/A Form 1295: N/A Date: 07/01 /2026 0 9 n4IlIl p 0 1 ...... �d pd ATTEST: OV8 e=d loan nnn TEX?So4' as a Jannette S. Goodall City Secretary Date: 07/07/2026 LANDOWNER WillMax FW Multi -Family, L.P. a Texas limited partnership by: WillMax FW Multi -Family GP, L.P. a Texas limited partnership it's general partner by: WillMax FW Multi -Family GenPar, LLC a Texas limited liability company its general partner By: J . Lensinger Its: President Date: iv / . Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. jz�� Kandice Merrick Contract Compliance Manager Date: 06/30/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas First Amendment to City Secretary Contract No. 64462 Page 3 of 6 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on July 7, 2026 by Dianna Giordano, Assistant City Manager of the City ofFort Worth, on behalf of the City off ort Worth. 16) KATHLEEN BRADFORD NotaryPu51icSTATE OFTEXAS Notary I.D, 72197197 MY Comm, Ex , Apr. 72, 2027 Notary Public, State of Texas City of Fort North, Texas First Amendment to City Secretary Contract No. 64462 Page 4 of 6 LANDOWNER" STATE OF TEX '_= COUNTY OF TARRAN EFORE ME. the undersigned authority_ a Nntan Pnhlic in and for the State of Texas, ..iris ciao personaiiv appeared .iohn A. Wensinver. known to me to be the person whose name is = '-scribed to the foreaoina instrument. and acknowledged to me that he/she executed the same for --he purposes and consideration therein expressed, as the act and deed of WiIlMax FW Multi - Family GenPar, L.P., the general partner of WillMax FW Multi -Family, L.P., and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE 2026. ��Rv •�� LAURA JOHDExpires Z Notary ID #6Notary Public. fate of yi My CommissionNovember 27 City of Fort Worth, i exz- tu Contract N%45W-Z Page 5of6i Exhibit D Sanitary Sewer Easement between BDV Benbrook LLC and WillMax FW Multi -Family, L.P. City of Fort Worth, Texas First Amendment to City Secretary Contract No. 64462 Page 6 of 6 Description of a 10 Foot Sanitary Sewer Easement BEING a tract of land situated in the J. W. Smith Survey, Abstract Number 1406, and the B. J. Foster Survey, Abstract Number 520, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to BVD Benbrook LLC, recorded in Instrument Number D200048387, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with no cap, found at the southwest corner of said BVD Benbrook LLC tract, being in the north line of that tract of land described by deed to Willmax FW Multi -Family, LP recorded in Instrument Number D225025742, said County Records, and being the southeast corner of a 30 foot Permanent Highway Easement recorded in Instrument Number D200048387, from which a 1 inch iron rod with no cap, found at the southwest corner of said 30 foot Permanent Highway Easement, being the northwest corner of said Willmax FW Multi -Family, LP tract, bears S 82°29' 17"W, 35.12 feet; THENCE N 82029'l7E, 17.54 feet, with the south line of said BVD Benbrook LLC tract and the north line of said Willmax FW Multi -Family, LP tract to the POINT OF BEGINNING; THENCE departing said common line over and across said BVD Benbrook LLC tract the following bearings and distances: N 23 °44' 01 "E, 592.67 feet; S 57051'04"E, 166.37 feet; N 35053'00"E, 154.42 feet, to the north line of said BVD Benbrook LLC tract, being the approximate centerline of Mary's Creek; THENCE S 63036'26"E, 10.14 feet, with said approximate centerline; THENCE departing said approximate centerline over and across said BVD Benbrook LLC tract the following bearings and distances: S 35053'00"W, 165.46 feet; N 57051'04"W, 164.15 feet; S 23044'01"W, 575.01 feet, to the aforementioned common south line of said BVD Benbrook LLC tract and the north line of said Willmax FW Multi -Family, LP tract; THENCE S 82029' 17"W, 11.70 feet, with said common line to the Point of Beginning and containing 9,090 square feet or 0.209 acres of land more or less. "Integral parts of this document" 1. Description 2. Exhibit Westwood Job No. WMX23001 Tracking No. na FTW September 10, 2025 N:\_PLS\G_DRIVEUOB\WMX23001_5401-BENBROOK\2_SRVY\ESMTS\LEGALS\WMX23001_EA7.DOCX Page 1 of m Basis of Bearing is the Texas Coordinate System North Central Zone 4202, NAD 83 CA IRIF = Iron Rod Found Lot I. Block CA ,d., 11 Pulido Addition h / Vol.388.48.Pg 298 "� L 100 20�3 % CR.TC.T. rt° z GRAPHIC SCALE IN FEET r r ~r "Integral parts of this document" / �_ /Lai rI �lla�• 1. Description \Jpod0 �� , r• ,� 2. Exhibit / 01700 S630 36'26"E N350 53'00"E 10.14' � 154.42'CID h -- % .�► �. t� Ilk / NZ, h TESCO Easement Vol.2676, Pg.70 BVD Benbrook LLC C.R.T.C.T. Inst.• D225107609 / 0.209 Acres C.R.T.C.T. 30' Permanent /{ / �Qd Higtwoy Esmt. Inst.' D200048387 CR.T.C.T. ] o 4` o / 7 APPROXIMATE SURVEY LINE ---------_-------------- Point of v av NBeginning/` .�J • tit ��� 1� �• 0 o 1S7*F"F.' ...................... ID S82° 29 17"W /` - — „•,T0)D Q, ' 35.12, o IRF 1 Willmax FW • • ' ••• o 'q a Mulff-Family,LP 494p v: •••• 1,9FS 8 2 a 2 9' 17 " W Inst.- D225025742 ♦'• mF �► . N82° 29'17"E 11.70' C.R.T.C.T.ps'a` m N /` 17.54' K I o• Willmax FW o Multi -Family, LP U) / Point of Ins1.• D225025742 % �/ C.R.T.C.T. Commencing Exhibit of a 10' nitary Sewerq,,q Easement Westwood Westwood Professional Services, Inc 9600 HILLWOOD PARKWAY, SUITE 250 ,.RT WORTH. TEXAS 76177 PH # 817.5624354 _.... , ,w..,.�.nnu am . a.,�.. •, Situated in the J.W. Smith Survey, Abstract Number 1406, and the B.J. Foster Survey, Abstract Number 520, City of Fort Worth, Tarrant County, Texas. JOB # WMX23001 DRAWN BY: D. Freemon CHECKED BY: T. Bridges DATE. 01-23-25 PJ#2 MtYN,EsmI.s\WM%2 1L E A7.9gn - e1 t 9/1012025 4:56*0 PM Description of a 10' Sanitary Sewer Easement BEING a tract of land situated in the J. W. Smith Survey, Abstract Number 1406, City of Fort Worth, Tarrant County, Texas, being a portion of that tract (Tract 4) of land described by deed to Pulido Associates, INC., recorded in Instrument Number D170037238, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with no cap found at the east corner of Lot 1, Block 1, Pulido Addition, an addition to the City of Fort Worth recorded in Volume 388-48, Page 298, said County Records, being the north corner of that tract of land described by deed to Christopher Chappell, recorded in Volume 7250, Page 380, said County Records, and being in the south right-of-way line of Mary's Creek Drive (a variable width right-of-way); THENCE S 41046'50"E, 61.73 feet, with the east line of said Christopher Chappell tract and said right-of-way line to the to the east corner of said Christopher Chappell tract, being the north corner of said Tract 4; THENCE S 41057'00"E, 9.60 feet, with the common line being the east line of said Tract 4 and said right-of-way line; THENCE S 49046' 12"E, 5.84 feet, continuing with said common line from which a 1/2 inch iron rod with plastic cap stamped "Burns Surveying", found bears S 49046' 12"E, 64.47 feet; THENCE departing said common line over and across said Tract 4 the following bearings and distances: S 35053'00"W, 5.00 feet, to the POINT OF BEGINNING; S 49046' 12"E, 10.03 feet; THENCE S 35053'00"W, 127.61 feet, being the common line of the south line of said Tract 4, and the approximate centerline of Mary's Creek; THENCE N 63036'26"W, 10.14 feet, with said common line; THENCE N 35053'00"E, 135.04 feet, departing said common line over and across said Tract 4 to the Point of Beginning and containing 1,288 square feet or 0.030 acres of land more or less. "Integral parts of this document" 1. Description 2. Exhibit Westwood Job No. WMX23001 Tracking No. na FTW November 21, 2025 N: \_PLS\G_DRIVE\JOB\WMX23001 _5401_BENBROOK\2_SRVY\ESMTS\LEGALS\WMX23001_EA5.DOCX Page 1 of 2 Basis of Bearing is the Texas Coordinate System North Central Zone 4202, NAD 83 IRF = Iron Rod Found \ \\ \\ 0 50 100 \ cLa \ GRAPHIC SCALE IN FEET \ \ ''Integral parts of this document'' 1. Description 2. Exhibit Vo MAG \ 4%1 �1 \P Noll \ \ \ V% Point of �� lRF \\ p Commencing \ s \ / \F S41° 57'00"E / S35° 53'00"W \ 9.60' Lot 1. Block 1 / 5.00' \ 549° 46'12'E \ Pul ido Addition / 5.84' \ Vol. 388-48, Pg 298 / Point of C.R.T.GT. // Beginning \ �\ / a \ / Q 0� / °Q��° �� // CO ^�O S49° 46'12"E /'�),/RF 10.03' IV o� 0y G� o \ ao O / o om V � c N630 36'26'.W x°x BVD Benbrook LLC 10.14' Inst.tt D225107609 / C.R.T.C.T. OF `P srE�;� a v ...................................................... TODD A. BRIDGES ... .................................................... 4940 �Q °• y� •. OFE SS��•°' • O� S Exhibit of a 11-21-25 10' Sanitary Sewer Easement Westvvood Situated in the J.W. Smith Survey, Abstract Number 1406, Westwood Professional Services, Inc. City of Fort Worth, Tarrant County, Texas. 9800 HILLWOOD PARKWAY, SUITE 250 JOB # WMX23001 DRAWN BY: D. Freemon CHECKED BY: T. 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Ttl1SNl SnA.bli gpell�INll]M VId - -- - - � a as BO 8V0�49dNl1_d.9li = - d. li t'pU24 v19 tSS V3NN 3�a0i 31tlNad EPZZ 1n0 nna:v li Ttl15Nl a 5E'b 1NIVIA •4 SSNNry 30ani 31tlNad IN 1n00nd.VIA o 39 aaoN sv.rl N15N1 L —1 _ I. 00'SZ9=1N1)—.11 —1 tl15455 NNW 3oa0d 31tlNa I fiO pS'3Z9 - d rid (Nall), a.bld In ij %'S3.Oltl1S 1SS 3n Od 31tlNNd I 1 .lS'b = -= II- II —FT--_ _7_ 00+6 d1S 3NIlHO1dW �I ml FORT WORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Will Max FW Multi -Family L.P. Subject of the Agreement: Amendment to CSC 64462 M&C Approved by the Council? * Yes ❑ No 21 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes © No ❑ 64462 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 d fferent 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: Ifapplicable. Maint26-003 *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 followingoder-. 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.