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HomeMy WebLinkAboutContract 16615 Hy DRAINAGE CHANNEL MAINTENANCE AGREEMENT A THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT COUNTY OF TARRANT § 17.00 W C 18172 5 05/22/E WHEREAS, Riverbend, a Texas General Partnership of Tarrant County Texas being the owner of the proposed Blocks 4, 7, and 9, Riverbend West, an addition to the City of Fort Werth, Tarrant Courts, Texas, (hereinafter referred to as "Developer" ) has prepared and submitted a plat for approval by the City of Fort Worth, of Riverbend West -Addition to the City of Fort 'North, Tarrant County, Texas; (hereinafter referred to as the "Property" ) . Developer ,proposes to dedicate to the City of Fort Worth by said plat a drainage easement which is described in .Exhibit "A" attached hereto and hereby incorporated herein by reference for all purposes (hereinafter referred to as the "Easement" ) . NOW THEREFORE, Developer represents that it is the owner of the Property and for and in consideration of One Dollar ($I .00) , and other good and valuable consideration, does hereby promise, covenant and agree to the following: Developer covenants and agrees to maintain at all times and assume all responsibility for the bed, banks, and any other part of the .unlined drainage channel in the Easement in accordance with the standards in force and effect in the City of Fort Worth �l 10 L a G, throughout the duration of this agreement. Developer ' s obligations hereunder shall be undertaken at no expense to the City of Fort Worth. The adequacy of such maintenance shall be determined by the 'City 's Director of Transportation and Public Works in his sole discreation. If the drainage channel is not maintained according to City standards, which shall include but not be limited to, Developer ' s failure to correct any maintenance deficiencies related to the drainage channel as well as Developer' s improper maintenance of the drainage channel, Developer shall have sixty (60) days after receipt of written notice from City, indicating the nature of Developer ' s breach, to commence and complete all work required to rectify Developer' s breach of its obligation to maintain said channel as set forth herein. The City of Fort Worth shall be authorized to enter in and upon the Property to correct Developer ' s failure to properly maintain said drainage channel, within said sixty (60) day period, if such maintenance is necessary in an emergency to protect the public health, safety or welfare, and shall have the right to enter in and upon the Property to perform all maintenance work necessary to rectify such deficiencies after the expiration of said sixty (60) day period, regardless of the circumstances. Any maintenance work undertaken by City with respect to the drainage channel shall be charged to Developer. City shall have a lien on the Property securing said charge, whic h shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas, an affidavit- identifying the Property, stating the amount- thereof, and making reference to t-his aleennent. 1477 2. Developer shall indemnify, hold harmless, release and defend the City of Fort Worth, from any claims, damages, costs, expenses, causes of action, lawsuits or other adverse consequences, arising, or which might arise, from the failure of Developer or any future owner (s) of the Property to maintain the drainage channel as set forth in this Agreement or resulting from or related to, directly or indirectly: 1) flooding of the channel and its banks; 2) slope failure of any of the banks of the channel, and 3) any failure of the drainage channel to comply with any applicable laws, regulations, ordinances, procedures or standards of any governmental entity having jurisdiction over the Property. The foregoing provision shall apply in any event to the acts or omissions of Developer or any third party and shall include but not be limited to any claims, damages, costs, expenses, lawsuits, causes of action or other adverse consequences, as described in said provision, resulting from the negligence of the City of Fort Worth. In addition, Developer hereby waives any right to assert any claims, damages, costs, expenses, lawsuits, causes of action or other adverse consequences against the City resulting from or related in any way to this Agreement. Developer shall provide City with a certificate of insurance indicating that Owner is the beneficiary of a general liability insurance policy covering all rLsks assumed by Developer under this Agreement. The insurance rea-ul I J-red of Developer shall be in the following amounts : Pertyrop Damage J $ 100, 000 Personal TnJury, 4 J.nci-uding death, per occurrence $1 ,000,000 -3- VOL S951 m 1478 Developer agrees to have the amount(s) of any insurance required hereunder revised upward on or before thirty ( 30) days after receipt of written notice from the City requiring such revision. 3. Developer covenants and agrees that no habitable building shall be erected over or within the Easement. Developer may construct other improvements within the Easement which do not impede drainage, provided that Developer has submitted the plans and specifications for such improvements to the City's Director of Transportation and Public Works, and has received the Director ' s notification that he or she has no objection to such proposed construction. Developer shall not commence construction within the Easement or undertake any efforts preliminary thereto until said notification has been received. Developer hereby releases City from any responsibility or liability related construction or improvement, either directly or indirectly to said plans and specifications, / In addition, Developer shall indemnify City in accordance with Paragraph 2 above for any responsibility or liability in any way or construction or improvements I related to the plans and specifications/asserted. against City by any third party. 4. Developer covenants and agrees that no habitable building shall be erected on the Property adjacent to the Easement which sha-11 have a finished floor elevation less than one (1) foot above the maximum depth of water in the drainage channel which would occur during the one hundred (100) year flood. VOL 8 9 5 1 P6, 14 7 9 -4- 5 . Developer agrees that the Property will not be subdivided into smaller parcels or tracts unless Developer has complied with all laws , statutes, rules, ordinances., and procedures of the State of Texas, the City of Fort Worth and all other governmental entities having jurisdiction over the property. The plats of all such subdivisions shall make reference to the volume and page number of the deed records of Tarrant County Texas in which this drainage channel maintenance agreement is recorded, thereby notifying the heirs, successors and assigns of Developer of their obligations and responsibilities hereunder® The acceptance and execution of this drainage channel maintenance agreement by City shall not constitute a waiver by City, or any other governmental authority of its right to impose upon Developer additional or different - requirements or qualifications upon or affecting the Property, the Easement, or the maintenance of the Easement and drainage channel at any time the property is further subdivided, in whole or in par-IC . The failure or inaction by City in enforcing any of its rights or privileges hereunder shall not constitute a waiver of City' s ability to subsequently enforce such rights or privileges. The covenants and agreements set forth herein shall Cons titui.'e a servitude upon and shall run with the land and be binding upon Developer and its successors in interest to the Property or any part of the Property. The term "Developer" as used herein shall mean Developer, and include the heirs, suCcessors and assigns of 'Developer, as VOL S951 3 1480 well as its agents, servants, employees, representatives and independent contractors. The term "City" as used herein shall mean the City of Fort Worth, and include the agents, representatives, servants, employees, and independent contractors of the City of Fort Worth. Any notices required hereunder shall be effective as of the date they are deposited in the United States mail, certified return receipt requested. The notices shall be effective when addressed as follows, provided the party mailing the notice has not received written notification of a change in same. To Developer: To City: *Ks )o 4X4, Should any portion of this Agreement be determined to be illegal, unconstitutional, or otherwise unenforceable, the remaining portions of the Agreement shall continue in force and remain effective and shall be construed consistently with the originally intended purposes of the Agreement. This Agreement shall construed in accordance with the laws of the State of Texas . This Agreement may be amended at any time by written amendment executed by City and Developer. "EXECUTED THIS DAY OF rl A. D. 19F7 . V sa = 1 13 �4 r) CITY FORT WOR H dq A VG . 8951 PG, 1481 6- TIE SMTE OF CCLNTy OF E=RE NE, the undersigned au hcrity on this day personally appears of known to me to be the LL person whose nam is subscribed to the foregoing i.nstrLment and acknowledged to me that he executed the s for the p,urposes and consideration therein stated, in the capacity therein stated and as the act and deed of said GIVE24 UKDER MY HAND AM SEAL OF OFFICE, this the w da y of }`' � � ��-�c 1987. Rnneth I Newell lic `Cn and for the l State ofTEXAS C: j.ssion Tres: TEE S= OF ax CMITY OF BEMRE ME, the undersigned authority on this day personally appeared LA41s> /U C of W OK T14 /known to to be the person ose na is subscribed to the foregoing instrument a_nd acknowle' ed to that he cut the saw for the purposes consideration therein stated, in the capacity therein stated and as t1 he act and deed of said j) SF°T CF C CE, s the dad_ of 1987. r Cl t of Fo_ '® i lic i and for the to T E P 1482 G, 50.00" t r I ter:.:; I I is nro Lt Lt. ° 4 it?.C.)L)d 1 W i •QQ a_:-': � _ I 4 I 0 Soo 200 GOO 61 _'.1 � ( _ DR t4ORTV, vi va t 5.00, Rto°CS+b' 334.96` 4`7`7.9 ` ` �`='I ' UTILITY E&$MEMT x o & 1,NLun t 1 BLOCK 19 n ifp. �3� 3 Iy a I 448A STIGMMMS 3 i � . ` r % £r VOL, 7 , #t �fff �hJ_,��,1 `�`�t• if M� , „n �n� L2 c �° �i3 us M. -t-> µ `"� LLI tC5 r c � � ccg cir CG;,,,"y LU VS C Cx: Y 00 .� 8cS cola LLJ rK <X i J C E CJ LU h° La = CU ON (0 co �f CA _ t cC tit is a cl at (cm Ln -+ a) V .-C CD > t Cc CL- CX as CJ v C g to CA h "-a FiESTMCT THEM ANY PRO ' I MIN, rr OR ti L�f �"{I L. 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