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Home My WebLink AboutContract 47176 R ``,DOE # 7396 DRAINAGE CHANNEL MAINTENANCE AGREEMENT SEVEN OAKS ADDITION SOUTH CHANNEL THIS AGREEMENT, made and entered into this , day of August-2015, by and between Arbors Development, LLC, a Texas Limited Liability Company, acting by and through Ronald B. Forman, 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 an approximately 63.613 acre tract located in the Hiram Little Survey, Abstract 930, Fort Worth, Tarrant County, Texas according to the deed recorded in County Clerk's File No. D 214015476, Deed 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 Seven Oaks, 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 Drainage Facilities be constructed and maintained on a portion of the Property; and; WHEREAS,the City requires that on-site Drainage Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors .. 011 �r rayf hrid % j { l 6Wi DRAINAGE CHANNEL MAINTENANCE AGREEMENT �1�� , d� Rev.7/2006 � 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 Drainage 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 Drainage Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Drainage Channel 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 assure 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. 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2 Rev.7/2006 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, fails to maintain the Facility in good working condition acceptable to the City, 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 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3 Rev.7/2006 EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL, AND (3) AND FAILURE OF THE CHANNEL AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage channel outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage channel, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement 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, and 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4 Rev.7/2006 Executed this, A�; ° -`day of August;2015. Landowner City Arbors Development, LLC City of Fort Worth A Texas ited Liability c mpany .. N e: Ronald B. F n Jesus J. Chapa Assistant City Manager Title Approved as to Form and Legality tant City ty 6ffiey ... ATTEST -.. W' ' City S �.�t' ry) ,Eig 0 M&C REQU—TTD r o YX DRAINAGE CHANNEL MAINTENANCE AGREEMENT 5 Rev.7/2006 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on DO- by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. -4 4 LINDA M,HIRFUNGER .tr M Y OM C MISSION EXPIRES Notary Public, State of Texas S, STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared Ronald B. Forman, President of Arbors Development, LLC, a Texas Limited Liability Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Arbors Development, LLC, and that he executed the same as its President and as the act of such Arbors De elopment, LLC and for the purposes and consideration expressed in rthe ii,-gg instru nt. ( Notary Public, State of Texas 18 -L2 LS WILLIAM LEE BOOMER My Commission Expires May 15,2016 .... . ............................ VC)IFT f C I A L R E C 0�R,D ''VORTIN, TX DRAINAGE CHANNEL MAINTENANCE AGREEMENT 6 Rev.7/2006 Exhibit "A" Storm slater Facility .Maintenance Agreement Situated in the IDRAM LITTLE SURVEY, Abst. No 930, Tarrant County, Texas. RELD NOTES, Description for a 100' drainage easement situated in the HIRAM LITTLE SURVEY, Abst. No. 930, Tarrant County, Texas, being over, under, and across a portion of the tract described in deed to Seven Oaks–FW, Ltd. by deed recorded in Document Number D215203833, County Clerk's Records, Tarrant County, Texas, and being more particularly described as follows. Commencing at an angle iron, the southeast comer of said Seven Oaks–FW, Ltd. tract, for an ell comer of the tract described in deed as Tract A to Margie Nell Norman by deed recorded in Volume 10573, Page 346, Deed Records, Tarrant County, Texas,• THENCE N 83'34'53" W, 776.72 feet to the Point of Beginning of the herein described easement; THENCE S 89'23'35" W, 689.89 feet, from which a 112" iron rod, the southwest corner of said Seven Oaks–F-W Ltd. tract bears S 83'32'34" W, 932.03 feet; 774ENCE N 01'41 O1" E, 75.06 feet, THENCE N 00'3625" W, 25.00 feet; THENCE N 89'23'35" E, 686.89 feet from which a 112' iron rod capped MIZELL 6165 for the northeast corner of said Seven Oaks–FW, Ltd tract bears N 3X4551" E, 1394.32 feet, THENCE S 00'3625" E, 100.00 feet to the POINT OF BEGINNING and containing 1.579 acres (68,802 square feet) of land. NOTES.' BEARINGS COMMATEO TTJ DEED CALL s 00'05'10" w GLOW EAST LXF of SITE SUFFKYENT RESEARCH WAS PERFORATED TO DETD?UWE THE BOUNDARY LOC WAG OF THIS PR FEW.. TN1S SURVEY DOES NOT PURPORT TO SHOW ALL FA;zDvEivTs AND onrER A mns, 7x4r A COtePLErE Tm£ SEARCH NIGHT REVEAL. NO E7V75 SHOWN } i a TN£PLAT HEREON WAS PREPARED FROM AN ACTUAL ON THE OWUND SURVEY OF THE LEGALLY BED 1 ory V o y q` PROPERTY SHa HER£aN CrEOSPA 4, ,ue- .,. �., .,>... — 1` T.. STEPHEN /2Ft.L Wi61Y.TXGEO.COM } r �t`e REOW D PROFC3510ML D StTRVE1�R 4918 BEN DAY AIURR/N RD. o L S s t TEXAS R1=GWRATK)N NO. 6165 FT. WORTH, 7X 76125 4��fb'.""° °„ OQ � PREPARED APRIL 24, 2013 817-441-6199 �^ "UM ;WED 14 2015 (OWNER) FAX• 817-441-6805 78PLS FIRM NO. 10083300 SHEET 1 OF 2 1407210E5ATT2 SWUA SW - ---•—•—•---•---•-...X1/2'RON ROD CAPPED MIZELL SEVEN OAKS-fW LTD. 6165 DOG.C.0 0215203833 MR"l.IT7"Ld'SPRffY c.c.R.T.c.T. "ST. N0. 990 ® 14 M �iqs u +s w - FUTURE PHASE ® SEVEN OAKS a µ N x A >• A.. �e A w M tz n N 89'23'35' E 17 686.89 w .N.83_'3453" ' W...-.....- S 89'23'35 W 689789 PONT aF ..... .........ii W 0 m ...... ..776.72'- ", '—'--- .�.--1.�1.— .J.—.�. -�. .a�° _. .:._-'r_:•...� Ni OF 1/2 IRON COMMENCING ANGLE IRON ROD ( 100'DRAINAGE EASEMENT 1.579 ACRES MARGIE NELL NORMAN 68,802 SQ.FT. TRACT A FRANCES RUTH ROBINSON I VOL 10573.PG.348 TRACT B DR-T.C.T. LINE TABLE VOU 10573,PG.346 D.R.T.C.T. LINE BEARING DISTANCE fg7ES; Li N 01.41'01"E 75.08' I &Aft CS CORRETATED TO DEED CALL S 00.05.10'W L2 N 00°3875"W 25.00' ALONG 6457'LINE OF 517E L3 S 00.36`25"E 100.00' SUf nENf RESEARCH WAS PV"RMED TO DETERMINE THE SOUNO4RY LOC477ONS LAS 7MS PROPERTK 7NLS SURVEY DOES NOT PURPORT TO SNOW ALL EASE71 ENM AND OTHER M4TTERS RAT A COMPLE7E 717L£ SEARCH MIGHT REVEAL. W E NO/MPRO"DWS SHONN. Exhibit "A" S l' 7NE PLAT HEREON WAS PREPARED FROW AN ACTUAL Stolen Water Facility .•'a �c•�r';.- �`^O Or 7HE GROUND SURVEY or 7NE L lC L DESCRA9ED SCALE 1" = 200' :_ s °�. PRO°ER SN xERE Maintenance Agreement STEPy: Situated in the ZFL[ ` `R ........ L••... HM" LITTLE SURVEY, Abst. ?EXAS GEOSPATL4L C j r-;; www TX(.E o.COAT G (% S 'PZIIlROF7SSt0AL1L LAND S(/RVEYOR No 830, 4918 BEN DAY MURRIN RD. (�,,Fr S,I U`,•• 2 IIA7A'AN ND. 6165 FT 1x�RrFi >x 7s1zs ......... d/ 2 0 1 617-441-6199 SURVO O J � e 015(owxER) Tarrant Count y, Texas. FAX., 817-441-6805 r� TBPLS F7RM NO. 10083.700 � � 5HLET 2 OF 2 14072DEW77 SNFA SM z U) ddi i il; RN lo-' 5 I 9 a- I - Rl HH, uj Ail LU W u i� M VSW 1. -imk"9,r�g Ofi,A 9 U 4£Y& 10 I Y g-' 6, ii Sep 'R b a S H ES or It PA L A RE -UT- EXHIBIT "B" —N 9a Ib S (I __ - b ) r CE / lI i♦ •� ii� l ��• T l •rte. .-.— .— - FF --�_- —'_ -r— ..y, .o-,o �� - _ .I '� WNSIRU T lE4AMMY SPIARGE OIiCN a o.SS —, _ ( __-_ .. ON3 I ._na....... .....z..w... I 3� Wage n T Q cn ,FUtURE PHASE i Proflk Scales.Hors.1'-40'Vert 1-4' V .... mwvfrruakn�i:.Fti. 670 665 5 .. __._ is .��, 665 EE��. I k1, J 66555 F --------- 0 4: `"Yar civil Solutions Inc az 6d0 1 fb11 11r MM 0, wm Un {ti F ti On9t9 J f --------- ----------FT t --T- LU CL LL, 95 M jtg�Wl ti EXHIBIT "B" Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL 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 MAINTENANCUINSPECTION • 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 8 Rev.7/2006 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED 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 pond 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration system DRAINAGE CHANNEL MAINTENANCE AGREEMENT 9 Rev.7/2006 r Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT O Rev.712006