HomeMy WebLinkAboutContract 7028 CITY SECRETARY
COMMUNITY FACILITIES AGREEMENT CONTRACT
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, Trammel Crow of Dallas County, Texas
hereinafter called "Developer", desires to make certain improvements
to Stonegate Mobile Home Park No. 3, Phase Two, to the City of Fort
Worth, Texas , and,
WHEREAS, the said Developer has requested the City
of Fort Worth, a municipal corporation of Tarrant County, Texas , here-
inafter called "City", to do certain work in connection with said im-
provements; NOW, THEREFORE,
n'01,7 ALL MFN BY THESE PRESENTS :
That said Developer Trammell Crow and the City of
Fort Worth, acting herein by and through R. N. Line, its duly authorized
City Manager, for and in consideration of the covenants and agreements
herein performed and to be performed, do hereby covenant and agree as
follows, to-wit:
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WATER AND/OR SA141TARY SEWER_FACILITIES
A. The City agrees to install by contract or otherwise, in accordance with its
accepted practices, ordinances, regulations, and the provisions of the City
Charter, or to allow the Developer to award a contract, subject to the re-
quirements of the City's Policies and Regulations for Installation of Com-
munity Facil | t|ey" for:
WATER FACILITIES to serve the lots as shown on the attached Exhibit None
and SANITARY SEWER FACILITIES to serve the lots as shown on the attached
Exhibit B , all in accordance with plans and specifications to be
prepared by the Engineering Division of the Water Department, or by private
.
engineers employed by the Developer and approved by the Water Department.
B. The City agrees to install , at Developer's expense, at the time all other
water mains in this addition are installed, a service line for each lot as
shown on the attached Exhibit None , The estimated cost of these service
lines is The City agrees to record the location of each said
service line in respect to the corner of the lot served, and to retain said
records in its possession.
C. The construction cost of the water facilities sized to serve the development
herein concerned, exclusive of service lines and engineering is estimated
to be None Dollars / .
D. The City agrees to install , at Developer's expense, at the time all other
sanitary sewer mains in this addition are installed, a service line for each
lot as shown on the attached Exhibit . The estimated cost of
these service lines is The City agrees to record the loca-
tion of each said service line in respect to the corner of the lot served,
and to retain said records in its possession.
E. The cost of the sanitary sewer facilities to be installed hereunder, exclusive
of service l | nes and eng| neering, is estimated to 6m Ten Thousand Do I l
Dollars ($ 10,000 .
F. Prior to the award of the construction contract by the City, mr ihe commencing
of any work by the City or its contractors, if the Developer does not award
his own contract, the Developer agrees to pay to the City:
(l) Eighty (80) per cent of the cost of the water facilities
sized to serve the development herein concerned, and
eighty (80) per cent of the o»gt of the sanitary sewer
facilities to be constructed hereunder, both coats being
exclusive of engineering and cost of service lines, as
reflected in an estimate prepared by the Engineering
Division of the Water Department or in the proposal of
the low bidder.
(2) An additional ten (\O) per cent of the total of the
Developer's cost of these water and sanitary sewer
facilities, exclusive of cost of service lines, for
design engineering, if such engineering is performed
by the City. This charge will be waived if private
engineers employed by the Developer and approved by
the Water Department perform the design engineering,
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60200
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� (J) One Hundred (| OO) per c�ent of the cost of all service lines,
estimated un6er |-8 and |-D above, in accordance with the pro-
visions of the current Fort North City Code .
G. The distribution of estimated construction cost between the City and the
Developer as per paragraph |-F above, for all water and sanitary sewer facili -
ties to be constructed hereunder is estimated as follows:
(l ) Water Facilities :
Estimated
Estimated Developer Total
LLity C Cost Cost
/a\ Mains (None)
(b) Sorv(cas
Sub-Totals, Water
(2) Sanitary Sewer Facilities :
(a) Mains
Not
/b\ Services
Sub-Totals, Sewer 5, 100 8,000
Grand Totals S5, 100 $8,000 $l}, >OO
Note: Should the Developer elect to let his own contract for any or a7 } of the
facilities described above, the Developer specifically agrees to pay the
Contractor installing such facilities the full amount shown as due on the
Final Estimate approved for payment by the Director of the Water Department
within thirty /30 days from the date of such approval ' Temporary service
connections to facilities so constructed will not be considered unless all
authorized payments to the water utility Contractor have been made and such
temporary service shall be subject to termination should the Developer fail
to remain current with his payments to the Contractor . Permanent connec-
tions to facilities so provided shall not be made until certification is re-
ceived from the Contractor that final payment has been made by the Developer
in accordance with the approved final estimate on the project .
Should the Developer elect to let his own contract for water and/or sanitary
sewer facility construction, PART C - GENERAL CONDITIONS of the Fort Worth
Water Department General Contract Documents and General Specifications shall
be o part of the contract between the Developer and the Contractor, Para-
graph C-7.9 FAILURE TO COMPLETE ON TIME of said PART C requires payment by
the Contractor of liquidated damages for each calendar day that any work re-
mains uncompleted after the time specified in the contract documents for com-
pletion of the contract . This paragraph further provides that any liquidated
damages so determined to be due will be deducted from monies due the Con-
tractor, and that liquidated damages so collected from the Contractor are
Plans and specifications for sanitary sewer facilities to be furnished by developer's
engineers, Carter & Burgess, Inc.
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*Includes the City's extra cost of $3, 100 for 15n in lieu of lOn sewer required by
development alone.
60200
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payable to the Owner, the City of Fort Worth. Therefore, in accordance
with these requiremcnts, any \ iquidated damages determined to be due by
the Director of the Water Department shall be deducted from monies due
the Contractor for work completed on the project and either paid to the
City of Fort Worth by the Developer coincidental with final payment to
the Contractor for the completed project , or credited against the City' s
share of the completed project cost ` as appropriate.
H. Within a reasonable time after completion of the above referenced facilities to
be constructed by the City or by contract awarded by the City, and their accept-
ance by the City Council , the City and Developer agree to an adjustment of the
Developer' s payment as set out in |-F and 2-G hmroina6ove' so as to conform
said payment to actual construction costs and actual service costs under the
provisions of the current Fort Worth City Code' (Said adjustment to be calculated
as the payment in |-F and/or 2-G above) , but based on actual quantities as re-
flected in the Final estimate paid to the Contractor by the City, and/or in the
event any portion of the facilities are installed by City forces, on the actual
records of cost , kept by the City as a part of its customary procedures- In the
event the difference in the deposit and the actual costs exceeds S25.00, Developer
agrees to pay to the City any underpayment which said adjustment might indicate
as being due' and City agrees to refund to Developer any overpayment , said refund ^
to be made only after all facilities required under all sections of this agree-
ment have been completed to the satisfaction of the City.
it is further agreed and understood that any additional payment required of
Developer is to cover only such additional work and/or materials as may be
made necessary by conditions encountered during construction, and shall not
include any change in scope of the project.
RECOMMENDED: \
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J. L. xoo/nson, Director, Water Department
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Date: � ^
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60200
II
STORM DRAINAGE AND STREET IMPROVEMENTS
A. STORM DRAINAGE IMPROVEMENTS:
1. The City agrees to install or cause to have installed, or the Developer agrees
to cause to be installed, the storm drainage facilities shown on the attached
Exhibit "A", in accordance with plans and specifications to be prepared by the
City or prepared by the Developer's engineer as approved by the Public Works
Director.
2. The estimated cost of the storm drain facilities is based on the following
minimum design. It is understood that actual sizes and costs may vary after
detail engineering is accomplished and bids are taken:
Drainage channel under beautification channel policy; channel
excavation and sodding (15 foot bottom with 4:1 side slopes $121050.00
(See Exhibit "A")
Cost of preparation of plans and specifications for the
improvements if so performed by the City (10% of contract
cost) 1 -0-
TOTAL COST OF STORM DRAIN FACILITIES $12,050.00
3. The Developer's non-refundable payment is determined by "a" or "b" below:
a. In the event the Developer awards his own contract and does not desire City
participation, the Developer pays the entire cost of the storm drainage
facilities. The conditions set out in Section IV, Paragraph F shall apply.
b. In the event the Developer desires City participation and follows .the proce-
dures as set forth in Section III, Policy for Storm Drain Installation, of
the "Policies and Regulations for the Installation of Community Facilities"
of the City of Fort Worth, the non-refundable cost to the Developer is as
follows:
Total Construction Cost $12,050.00
City participation -0-
Non-refundable construction cost $12,050.00
Non-refundable engineering cost if city pre-
pares plans and specifications (10% of non-
refundable construction cost) -0-
Estimated Non-refundable cost $12,050.00
II-1
�NEGATE MOBILE HOME PARK. No. 3,
,SE 11
(Continued) STORM DRAINAGE IMPROVEMENTS,
4. Upon completion of the storm drainage facilities, it is agreed and understood
that the Developer's payment shall be adjusted to equal the above percentage of the
final cost, except that the City shall not be obligated to make any refunds until
all facilities required under all sections of this agreement have been completed to
the satisfaction of the City. No refund of less than $25.00 will be made. In the
event the difference in the deposit and actual cost exceeds $25.00, the Developer
agrees to pay to the City any under payment and the City agrees to refund any over-
payment to the Developer.
5. The channel falling along the east boundary of Stonegate Mobile Home Park No. 3,
Phase 11, will be improved under the beautification policy and the Developer hereby
,agrees to execute a maintenance agreement in accordance witty. standard policy.
6. The Developer agrees that at such time as the type of usage changes for this
development, the drainage channel �,.,ould then he improved in accordance with standard
policy. Developer further agrees to enter into another. Community Facilities Agree-
ment for any future drainage facilities .
11-2
W V tA 71 17
JIUASh, PbRi-tf No. 3$
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B. STREET IMPROVEMENTS:
No street improvements required under this contract.
k.v
REGONMET,jDED:
A
J4'K M GiU%HAM, P.E. , PUBLIC I,JORKS DIRECTOR
T
Based on policy effective as of November 1,1971.
11-3
STONEGATE MOBILE HOME PARK NO. 3)
PHASE II
III
STREET LIGHTS
No street lights will be required in this contract.
T. R. Buc}anan, Traffic Engineering Director
' HM PUK
mum 11
FORT h
s, TEM
ZII.1
IV.
U"'NERAL REQUIRDIENTS
A. It is agreed and understood by the parties hereto that the developer shall employ
a civil engineer, licensed to practice in the State of Texas, for the design and
preparation of plans and specifications for the construction of all facilities
covered by this contract , subject to paragraph B.
B. For any project estimated to cost less than $6,000, or for any project designed
to serve a single lot or tract, the developer may at his option request the City
to provide the design engineering, and if such request is granted the developer
shall pay to the City an amount equal to 10 per cent of the final construction
cost of such project.
C. In the event the developer employs his own engineer to prepare plans and specifi-
cations for any or all facilities, the plans and specifications so prepared shall
be subject to approval by the department having jurisdiction. One (1) reprodu-
cible set of plans with 15 prints and 35 specifications for each facility shall
be furnished the department having jurisdiction. It is agreed and understood
that in the event of any disagreement on the plans and specifications, the
decision of the Public Works Director, Traffic Engineering Director, and/or Water
Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and improvements mentioned hereinabove shall
be vested at all times in the City of Fort Worth, and developer hereby relin-
quishes any right, title, or interest in and to said facilities or any part
thereof.
E. The life of this contract shall be five (5) years and it is understood that any
obligation on the part of the City to make any refunds hereunder shall cease
upon the expiration of five (5) years from the date of execution of this contract,
except for refunds due from "per connection charges" on sanitary sewers and from
"front foot charges" on water mains, both of which refunds may continue to be made
for a period of ten (10) years after the date hereof, as elsewhere provided herein.
It is understood by and between the parties hereto that any of the facilities or
requirements included herein to be performed by developer not completed within
the five (5) year period, may be completed by the City at the developer's expense,
and the City of Fort Worth shall not be obligated to make any refunds due the
developer on any facility constructed under this agreement until all provisions
of the agreement are fulfilled.
IV - 1
F. Performance bonds, or a cash deposit in lieu of and in like amount of the perfor-
mance bonds, are required for streets, storm drainage and street lights, and must
be submitted prior to the execution of the contract for installation of community
facilities by the City. The bonds shall be standard performance bonds as provided
by a licensed surety company on forms provided by that surety company. A cash
deposit in lieu of the performance bonds may be made in the Treasury of the City
of Fort Worth or in any financial institution in Fort Worth which is insured by
the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
Corporation. The City of Fort Worth cannot pay interest on any deposit made here-
under in the Treasury of the City of Fort Worth. When the option is exercised to
make the cash deposit in a financial institution, the following terms and
conditions shall apply:
(1) The developer shall execute four copies of a letter assigning the deposit to
the City of Fort Worth and providing for the City to withdraw. the deposit if
necessary to complete construction. Such letter of assignment must be
accepted in writing by the financial institution.
(2) Upon satisfactory completion of the facilities for which the deposit is made
as security, the City of Fort Worth shall reassign the deposit to the deve-
loper, including accrued interest or dividends thereon, upon express order
of the City Manager.
(3) Deposits may be made in any Fort Worth financial institution whose accounts
are insured by the Federal Deposit Insurance Corporation or the Federal
Savings & Loan Insurance Corporation.
Bonds or Cash Deposits will be furnished for:
(a) 100 per cent of the estimated developers share of the cost of the
storm drains.
(b) 20 per cent of the estimated developer cost of streets for amounts
between $0 and $25,000 or
$5,000 plus 15 per cent of the estimated developer costs for
amounts between $25,001 and $50,000 or
$8,750 plus 10 per cent of the estimated developer costs for
amounts between $50,001 and $100,000 or
$13,750 plus 5 per cent of the estimated developer costs for
amounts over $100,000.
(c) 100 per cent of the developer's share of the cost of the street
lights as specified in Section 3 of the contract.
(d) A cash payment of the developer's share of the proje'6t cost is required
prior to initiation of construction for any facilities for which the
City shall award the contract.
IV - 2
G This contract , any part ht,,roof, or any Jnterest herein shall not be assigned by
developer without writtca c,011selit of the City Nanager , 11id it is further agreed
that such written consent wL.11 not be granted for thk.,.� assignment , transfer,
pledge ane�,I/or conveyance of any ref,inds due or to become &W to developer e. at
that such ass-ignment , transfer, pledge and/or conveyance shall be for tile full
amount of the total of all suc!4 refunds due or to become due he�rekinder.
It. On all facilities included in this agreement for whiel"i the developer awards his
own construction contract , the developer agrees to follow the following procedures:
(1) If the City participates in the cost of the facilities , the construction con-
tract must be awarded after advertising in a local newspaper at least one
time not less than two weeks prior to the date of receipt of sealed bl.,Li as
required by State statutes prescribing regulations for contracts for public
work. The sealed bids must be opened in the presence of a representative A
the City.
(2) To employ a construction contractor who is apprt")ved by the Director of the
department having jurisdiction over the facility to be so constructed, said
contractor to meet City's requirements for being insured , licensed and bonded
to do work in public streets , and to be qualified in all respects to bid on
public projects of a similar nature.
(3) To require the contractor to furnish to the City payment , performance and
maintenance bonds in the name of the C'ity for 100 per cent of the contract
price of the facility, said bonds to be furnished before work is commenced.
To further require the contractor to provide public liability insurance.
(4) To give 48 hours notice to the department having jurisdiction of intent to
commence construction of the facility so that inspection personnel will be
available; and to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection forces , and
not to install any sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed, ana
to make such laboratory tests of materials being used as may be required
by the City.
(5) To secure approval by the Director of the department having jurisdiction of
any and all partial and final payments to the contractor, said approval is
made, in accordance with requirements of this agreement, and is not to
constitute approval of the quantities on which payment is based.
(6) To delay connections of buildings to service lines of sewer ,and water mains
constructed under this contract until said sewer id water mains and ser,,J.ce
lines have been completed to the satisfaction of the Water Department.
(7) It is expressly understood by and between the developer and the City of Fort
Worth, that in the event the developer elects to award one single construc-
tion contract for all facilities , water and F,: ,,Utary sewers, storm drainage
and pavement, shall be separated in the bia,ditig and City participation, if
any, shall be limited to the lowest possible combination of bids as if each
of the abovi- were awarded as separate contracts.
IV - 3
I. Anything to the contrary herein notwithstanding, for and in consideration of
the premises and the covenants herein made by the City, the Developer covenants
and agrees as follows:
(1) The Developer shall make separate elections with regard to water and/or
sanitary sewer facilities, storm drainage and street improvements and
street lights as to whether the work prescribed herein shall be per-
formed by the City, its Contractor, or by the Developer's Contractor.
Each such separate election shall be made in writing and delivered to
City no later than six (6) months prior to the expiration of this
agreement . In the event any of such separate elections has not been
so made and delivered to City by such date, it shall be conclusively
presumed that the Developer has elected that such work be performed
by the City in accordance with all of the terns of this agreement, and
in particular Paragraph III F hereof.
(2) Irrespective of any such election and whether the work is to be per-
formed by the Citv, its Contractor or by the Peveloper's Contractor,
the Peveloper covenants and agrees to deliver to the City a perform-
ance bond or a cash deposit in lieu thereof in accordance with the pro-
visions of Paragraph Iv r of this agree:-ent.
(3) In addition to the bond or deposit required in the preceding paragraph,
in the event Developer elects that the -ork be performed by the City,
or its Contractor, or such election is presumed as provided above, the
Developer covenants and agrees to pay to the City his share of the es-
timated construction costs. The amount of such estimated payment shall
be computed as set out in Sections I, II and III hereof, based upon the
lowest responsible bids for such work as determined by City, or upon a
cost estimate for work to be performed by City forces prepared by the
City, as appropriate, and shall he subject to adjustment to actual costs
upon final completion of the project. Such estimated payment shall be
made promptly upon demand by City, it being contemplated that such
payment will be made after the receipt of bids for the work but in every
case prior to the award of any construction contract, unless otherwise
specifically set out herein.
(4) Developer further covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its offi-
cers, agents and employees from all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including
death, resulting from, or in any way conne-zed with, this agreement, or
the construction of the improvements or facilities described herein: and
in addition the Developer covenants to indemnify. hold harmless and de-
fend the City, its officers, agents and employees from and against all
claims, suits, or causes of action of any nature ;,hatsoever brought for,
or on account of any injuries or damages to persons or property, includ-
ing death, resulting from anv failure to property safeguard the work or
on account of any act, intentional or otherwise, neglect or misconduct
of the Developer, its Contractors, Subcontractors, agents or employees.
J. The attached Exhibits �A and II are made a
part hereof for all intents and purposes.
Iv - 4
IN TESTIMONY WPIKREOF, the City of Fort Worth has caused this
instrument to be executed in quadruplicate in its name and on its behalf by its
City manager, attested by its City, Secretary, with the corporate seal of the
City affixed, and said Developer has executed this instrument in quadruplicate,
at Fort Worth, Texas this the day of k C 19
,
ATTEST: CITY OF FORT WORTH, TEXAS
ate an, City Secretary R. 1 . f,17n-e-,,--t'i-t-y---Ma-nager
jRo 4Aa t�egm
APPROVED AS TO FORM AND LEGALITY: DEVE ()P"'ER:
0
00,000"
00 - Cow
S. G. Johndroe, Jr. , City Attorney" U009M711 r N-ner
IV - 5
APPENDIX
SJ MARY
Cost Estimates for Stonegate Mobile Hone Park No. 3, Phase II
Performance Bonds
Bevei�per's City's Total Letter of Credit
Construction Construction Cc7nstruction C.D. 's or
Section Cost, C--sr Cost Escrow
k., Section I
Water $ -0-
Sewer $ 8,000 $5,100 $13,100 -0-
Section II
Storm Drains $12,050 -0- 12,050 12,050
Street Paving (Existing)
Interior. Streets
Border Streets (construction cost tc be determined at such time as
streets are improved)
Section III
Street Lights (Existing)
TOTALS $20,050 $5,100 $25,150 $12,050
NOTE: If the City performs the work with City farces or awards the construction
contracts a cash deposit for developet 's portion of the cost is required
prior to contract award. This cash deposit is in addition to other required
deposits or bonds as outlined in Paragraph IV F of this agreement .
*Non refundable deposit for assessments as outlined in Section II (Performance
Bonds are unacceptable)
'Si"'
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'ACCESS ROAD AND RANCOL MILL R",
EiMAWAS i
COVERED UNDER PREVI M, CONTRACT.
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NEW/ PROJECT
M 1 « f(IRE LAME CASE «
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BEAUTIFICATION
FUTURE 111VfL0PEl4E*T--__,
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LEGEND
=CHANNEL TO BE IMPROVED
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CARTE R R to R C,,, �� � ��� �. EXHIBIT NO. �3
DRAINAGE DITCH MAINTENANCE AGREEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT I
WHEREAS, Trammell Crow of Dallas County, is the owner of Stonegate Mobile
Home Park No. 3, Phase 11, an Addition to the City of Fort Worth, Tarrant
County, Texas; and,
WHEREAS, Trammell Crow has made and entered into a Community Facilities
Agreement with the City of Fort Worth for the development and improvement
of Lot 2, Block 1, Stonegate Mobile Home Park No. 3, an Addition to the
"- q n
City of Fort Worth, such agreement being designated as Contract No. Z '
in the office of the City Secretary of the City of Fort Worth; and,
WHEREAS, Trammell Crow has prepared and submitted a plat of said area to
the City of Fort Worth for its approval prior to such plat being recorded
in the office of the County Clerk of Tarrant County, Texas, and by virtue
of such plat, Developer proposes to dedicate to the City of Fort Worth a
drainage easement which extends from the north property line of Lot 2,
Block 1, Stonegate Mobile Home Park No. 3, 760 feet south to a point, and
is shown as the area outlined in red on the attached diagram, which is
marked Exhibit 'I" and hereby incorporated herein by reference for all
purposes; and,
WHEREAS, As a condition precedent to such Community Facilities Agreement
becoming effective and the approving and recording of such plat, the City
of Fort Worth required that Trammell Crow make certain covenants running
with the land to bind himself and future owners of the hereinafter described
property to indemnify the City of Fort Worth from and against all expenses
or damages arising out of the failure of Trammell Crow or his successors
in title to maintain such area as set forth in this agreement;
NOW THEREFORE,
Trammell Crow of Dallas County acting herein as the duly authorized owner,
hereinafter called "Developer," for and in consideration of the premises
and the taking effect of Contract No._ , hereby covenants as follows
with the public and the City of Fort Worth, such covenants to constitute
a servitude upon and to run with the land and be binding upon Trammell Crow
and all future owners of the following described real property situated in
Fort Worth, Tarrant County, Texas:
Lot 2, Block 1, Stonegate Mobile f?ome Park No. 3, an Addition to the
City of Fort Worth, Tarrant County, Texas, as shown on plat recorded
in Volume '1_'A"Page _ of the Plat Pecords of Tarrant County,
Texas.
1.
Developer covenants and agrees to maintain at all times the bed
and banks of the drainage channel, in the drainage easement outlined in
red on the attached Exhibit "A" in accordance with the current standards
then in force and effect in the City of Fort Worth at no expense to the
City of Fort Worth. In the event Developer fails or refuses to correct
any deficiencies or to make any improvements in the bed and banks of the
drainage channel which are necessary in the opinion of the City of Fort
Worth to bring such drainage channel into compliance with the current stan-
dards for such channels then in force and effect in the City of Fort Worth
within 90 days after being directed in writing by the City of Fort Worth
to correct such deficiencies or make such improvements, then and in such
event the City of Fort Worth shall be authorized to enter in and upon such
drainage channel and to correct such deficiencies or make such improvements
or cause same to be done on behalf of and at the expense of Developer and
to impress a lien for the cost of such work upon the real. property in Lot 2,
Block 1, Stonegate Mobile Home. Park No. 3, an Addition to the City of Fort
Worth, Tarrant County, Texas, adjacent to and abutting the area in the
drainage channel where such work was performed in order to secure reimburse-
ment for such cost to the City. Such lien shall be perfected by filing in
the office of the County Clerk of Tarrant County, Texas, an affidavit identify-
ing the property to be charged with such lien, stating the amount thereof, and
making reference to this agreement.
2.
2.
Developer covenants and agrees 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 Developer or any future owners of the above described pro-
perty to maintain the bed and banks of the drainage channel in accord-
ance herewith, or to perform any of its duties or obligations hereunder.
3.
Developer covenants and agrees that no habitable building shall
be erected within the drainage easement outlined in red on Exhibit "A",
but this paragraph shall not preclude construction of other improve-
ments within the drainage easement which do not impede drainage.
4.
Developer covenants and agrees that no habitable building shall
be erected on the above described property abutting such easement which
shall have a finishes floor at an elevation less than two feet above
the maximum depth of water in the drainage channel which would occur
during a fifty (50) year frequency flood.
5.
Developer agrees that the above described real property abutting
the drainage channel will not be subdivided into smaller parcels or
tracts unless and until an agreement in writing is made between the
City of Fort Worth and the then owners thereof providing for the im-
provement at no expense to the City of the bed and banks of the drain-
age channel to the extent deemed necessary by the City, impressing a
lien upon such parcels or tracts for the cost of such improvements and
indemnifying the City of Fort Worth, its agents, servants and employees
from and against all cost, expenses, losses, damages, claims or causes
of action whatsoever arising, or which might arise, from the failure of
such future owners to maintain the bed and banks of the drainage
channel in accordance herewith, or to perform any of their respective
duties and obligations hereunder.
3 -
The above covenants and agreements shall constitute a servitude
upon and shall run with the land and be binding upon the Developer and
all subsequent owners of the above described real property abutting the
drainage easement outlined in red on the attached Exhibit "A," and
hereby incorporated herein by reference for all purposes.
EXECUTED THIS DAY OF A. D., 19
T,,RA tf'CCROW
Aft. .,, ...... By
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority on this day personally appeared
known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
�� ✓ A. D. , 1971.
Notary public in and for -a County,
Texas. ��t