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HomeMy WebLinkAboutContract 57040 Date Received: 01/26/2022 Permit Number: SWFMA-21-0092 Time Received: 9:22 AM City Secretary Number: 57040 DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS DRAINAGE CHANNEL MAINTENANCE AGREE.-MENT ("AareeMe>rrt"), made and entered into this 21st day of January 2022_ by and between NTP35, LP, a Texas limited partnership, hereinaf#er referred to as "Landowner". COWTOXVN ON%- ER, L_L..C., a Delaware limited liability company-, hereinafter referred to as "Developef'= and the CITY OF TORT WORTH, hereinafter referred to as "City"_ WITNESSETH WHEREAS, Landowner is the owner that certain parcel of land containing 0.3151 acres (the "Property"). The Property is a portion of a tract of land located in Fort Worth, in the William McCowen Survey, Abstract 999, Tarrant County, Texas conveyed to Landowner by that certain Special Warranty Deed recorded December 5,2016,as Document No.216282322,Deed Records, Tarrant County, Texas, to be known as Lot 1, Block 1,North Cowtown Crossing. WHEREAS, Developer owns land adjacent and to the west of the Property ("Cow Town Land") and Developer is proceeding to build on and develop the Cow Town Land according to the Site Plan/Subdivision Plan known as North Cowtown Crossing hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and Landowner agrees to manage stormwater within the confines of the Property; and WHEREAS, the City, Developer and Landowner, and their respective successors and assigns, agree that the health, safety and welfare of the residents of the City require that on-site drainage facilities be maintained on the Property; and WHEREAS, the City requires that on-site drainage facilities on the Property (collectively, the ''Drainage Facility") as shown on the Plan be constructed by Developer and adequately maintained by Landowner,their respective successors and assigns,the location and dimensions of which is shown and more particularly described by metes and bounds and drawings of each on the attached Exhibit "A"; and NOW, THEREFORE, in consideration of the foregoing promises, ,the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: Drainage Channel Maintenance Agreement..3151 acres(west of).Bailey Boswell RcLXNorth) Rev.11/17/2016 OFFICIAL RECORD 14612.40(8060012) CITY SECRETARY FT.WORTH, TX 1. Developer, its successors and assigns, shall adequately construct, and Landowner, its successors and assigns, shall adequately maintain the Drainage Facility, at no expense to the City in accordance with the design specifications for the Drainage Facility, attached as Exhibit "B",and the current standards then in force and effect in the City, and with the Operations and Maintenance flan attached to this Agreement as Exhibit "C". The Drainage Facility includes all pipes, channels or other conveyances built to convey storm water to the Drainage 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 the Drainage Facility is performing its 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. Landowner, its successors and assigns, shall inspect the Drainage Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Drainage Facility. The inspection shall cover the entire Drainage Facility. Components of the Drainage 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. Landowner, its successors and assigns, hereby grants permission to the City, its authorized agents and employees, to enter upon the Property to inspect the Drainage Facility 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 Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event Landowner, its successors and assigns, fails to maintain the Drainage Facility in "good working condition"as specified herein,the City,its authorized agents and employees, may enter upon the Drainage Facility and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the actual, reasonable costs of such repairs to Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Drainage Facility,and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowners. Drainage Channel Maintenance Agreement-.3151 acres(west of E.Dailey Boswell Rd.XNorth) 2 Rev.11/17/2016 14612,40(8060012) ' 5. Landowner, its successors and assigns, will perform the work necessary to keep the Drainage Facility in "good working condition" as appropriate. In the event the City, pursuant to this Agreement, performs work of any nature and expends any funds in performance of said work for labor, use of equipment, supplies and materials, in connection with the repair of the Drainage Facility, Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty(30)days of receipt of an invoice for all repair costs incurred by the City. 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 have the right to impose a lien on the Property for the costs of such work. 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. Once paid or otherwise satisfied, the City shall file a release of any such lien as soon as practicable. 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 DRAINAGE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY, ITS AGENTS 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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSONS OR PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL,AND(3)FAILURE OF THE CHANNEL AND ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF THE DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the Drainage Facility outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the Drainage Facility which do not impede Drainage Channel Maintenance Agreement•.3151 acres(west of F.Bailey Doswell Rd.)(Nerth) 3 Rev.11/17/2016 14612.40(8060012) drainage. Landowner covenants and agrees that no habitable building shall be erected on the Property which shall have a finished depth of water in the Drainage Facility which would occur during a I00-year frequency flood. 8. This Agreement shall be recorded in the land records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding on Landowner, and Developer, and their respective successors and assigns. [SIGNATURE PAGES FOLLOW] Drainage Channel Maintenance Agreement-.3151 acres(west of E,Bailey Boswell Rd,XNorth) 4 Rev.11/17/2016 14612.40(8060012) Executed this 21st day of January 0221. LANDOWNER: NTP35, LP, a Texas limited partnership By: NTP Investments LLC, a Texas limited liability company, its General Partner By: Steve McKeever,Manager/Managing Member DEVELOPER: CO OWN OWNER,L.L.C., a Delaw e limited liability co any By: QR TD Fort Wort ,L.P., a Delawar limite partnership, its sole mem er By: TD Fo Worth GP, L.L.C., a elaware imited liability ompany, its -general partner By• e: itle: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Drainage Channel Maintenance Agreement-.3151 acres(west of E.Bailey Boswell Rd.)(North) 5 Rev,11/17/2016 14612.40(8060012) Executed this 21st day of January 022 LANDOWNER: NTP35,LP, a xas limited pant rship By: NTP Investm is LL , a Texas limited 'ab' ity company, its General Partne By: St e McKeever, anager/ nagmg Member Date: DEVELOPER: COW TOWN OWNER,L.L.C., a Delaware limited liability company By: QR TDC Fort Worth, L.P., a Delaware limited partnership, its sole member By: TDC Fort Worth GP,L,.L.C., a Delaware limited liability company, its co-general partner Name: B.Jeff Knowles iRnalory Title: OFFICIAL RECORD CITY SECRETARY [hninage Channol Mnlmonnnee Ag eomeN FT.WORTH, TX Rov,11/17/2016 14612.40(8038107) CITY: DJDJ Harrell 21,202211:41 CST) DJ Darrell, Development Services Director City of Fort Worth Date: Jan 21,2022 Approved as to Form and Legality: CGr�i�tgAVLo�e��e��roG�f� Christa R.LoperReynold (Jan 20,2022 1 :41 CST) Contract Compliance Manager: Christa R. Lopez- Reynolds, By signing I acknowledge that I am the Sr. Assistant City Attorney person responsible City Attorney's Office for the monitoring and administration of this contract, including Date; Jan 20,2022 ensuring all performance and reporting requirements. ATTEST: A-1—_ Janie S. Morales, Planning Manager 7Gl`I`IG��G c1 GDOG�GZGG Development Services Jannette S.Goodall(Jan 26,2022 08:15 CST) Jannette Goodall, Date; Jan 20,2022 City Secretary oaF FORT �a City Secretary's Office A A.o°°° °°�'pa�d Date: Jan 26,2022 �v0 o��d 2 P�� 0 *� 1 °0000000° ,O' *xA* OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Drainage Channel Maintenance Agreement Rev,t 1/17/2016 14612.40(8039107) STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of QRQ m�a r- , 2021, personally appeared Steve McKeever, Member/Manager of NTP Investments, LLC, a Texas limited liability company, manager of NTP35, LP, a Texas limited partnership, 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 said entities and that he executed the same as said Member/Manager, and for the purposes and consideration expressed in the foregoing instrument. STEPHANIE PRIDDY JOHNSON Notary Public,State of Texas Notary ID#1067876.9 Notary ublic, State of Tex s l' n' My Commission Expires 06.25-2025 TE OF TEXAS § COUNTY O § This instrument wa cknowledged b e me on October 2021, by , u zed Signatory of TDC Fort Worth GP, L.L.C., a Delaware limited liability comp an -gene artner of QR TDC Fort Worth, L.P., a Delaware limited partnership, the sol ember Cow Town er, L.L.C., a Delaware limited liability company, on behalf aid limited liability companies an ' ited partnership. Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Drainage Channel Maintenance Agreement-.3151 acres(west of E.Bailey Boswell Rd.)(North) 7 Rev.11/17/2016 14612.40(8060012) ST . OF TEXAS § COUNTY O a RRANT § Before ►ne, undersigned authority on t day of _ 021, personally appeared e McKeever, Member/Manager of N'1TP Investments, LLC, a Texas ' ited liability c any, manager of NTP35, LP, a Texas limited partnership, known to me to be t e' whose name is subscribed to the foregoing instrument and acknowledged to me tha sai the act of said entities and that he executed the same as said Member/Mann , and for the pUr . cs and consideration expressed in the foregoing instrument. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF YES This instrument was acknowledged before me on January _��-, 2022, by 1G�DW I�„0>S Authorized Signatory of TDC Foil Worth GP, L.G.C., a Delaware limited liability company, co-general partner of QR TDC Fort Worth, L.P., a Delaware limited partnership, the sole member Cow Town Owner, L.L.C., a Delaware limited liability company,on behalf of said limited liability companies and limited partnership. 1Pp'Y PEA STEPHANIE'rURLEY i Notary ID 1I129880538 �/� ✓a h My Commission Expires y July 9, 2022 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Jan 21, 2022 by DJ I-Jarrell Director of Development Services of the City of Fort Worth,on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson Nguyen Nguyen Date:2022.01.21 11:53:04-06'00' BICH SON THI NGUYEN fl Notary Public Notary Public, State of Texas + + STATE OF TEXAS Notary I.D. 133389224 vrFOF My Comm.Exp.Oct. 13,2025 OFFICIAL RECORD CITY SECRETARY NringSe Channel Maintenance Alpeanlonl-.3151 acres(west of E,Bailey Boswell Itd,)(Nnrth) Rcv, 11/17/2016 FT.WORTH, TX 1,1612,40(8060012) Exhibit "A" (METES AND BOUNDS OF THE DRAINAGE FACILITY PROPERTY) EXHIBIT A DRAINAGE CHANNEL FACILITY 0.3151 ACRE (13,724 SQUARE FEET) SITUATED IN THE WILLIAM McCOWEN SURVEY,ABSTRACT NUMBER 999 CITY OF FORT WORTH, TARRANT COUNTY,TEXAS BEING a 0.3151 acre tract of land situated in the William McCowen Survey, Abstract Number 999, in the City of Fort Worth, Tarrant County, Texas, and being part of the remainder of a called 171.49 acre tract of land described as"Tract 1" in Special Warranty Deed with Vendor's Lien to NTP35, LP, as recorded in Instrument Number D216282322 of the Official Public Records of Tarrant County, and being more particularly described by metes and bounds as follows: COMMENCING at a southwest corner of said remainder of a 171.49 acre tract, and the northwest corner of Lot 2, Block 3 of North Cowtown Crossing, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Instrument Number D221280341 of the Plat Records of Tarrant County, Texas, on the east right-of- way line of Horseman Road (30-foot wide public right-of-way); THENCE North 00 degrees 45 minutes 36 seconds West, along the common line of said remainder of a 171.49 acre tract and said Horseman Road, a distance of 1,142.71 feet to the POINT OF BEGINNING (not monumented); THENCE North 00 degrees 45 minutes 36 seconds West, continuing along said common line, a distance of 96.46 feet to a point (not monumented)of curvature of a non-tangent circular curve to the left, having a radius of 565.07 feet and a chord that bears South 17 degrees 24 minutes 00 seconds East, a distance of 123.92 feet, said point being on the west right-of-way line of Harmon Road (I 00-footwide proposed right-of-way); THENCE departing said common line, along said west right-of-way line of Harmon Road, the following courses and distances as follows: Southeasterly, along said curve, through a central angle of 12 degrees 35 minutes 25 seconds, an arc distance of 124.17 feet to the end of said curve (not monumented); South 23 degrees 41 minutes 41 seconds East, a distance of 155.15 feet to a point of curvature(not monumented)of a tangent circular curve to the left, having a radius of 565.07 feet and a chord that bears South 45 degrees 30 minutes 18 seconds East, a distance of 419.88 feet; Southerly, along said curve, through a central angle of 43 degrees 37 minutes 14 seconds, an arc distance of 430.20 feet to the end of said curve (not monumented); Page 1 of 4 LD-0.3151 AC-42487 Drainage Channel Maintenance Agreement Rev.11/17/2016 14612.40(80,8107) EXHIBIT A-1 EXHIBIT A DRAINAGE CHANNEL FACILITY 0.3151 ACRE (13,724 SQUARE FEET) SITUATED IN THE WILLIAM McCOWEN SURVEY, ABSTRACT NUMBER 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS THENCE departing said west right-of-way line of Harmon Road, and over and across said remainder of a 171.49 acre tract, the following courses and distances as follows: South 22 degrees 41 minutes 05 seconds West, a distance of 20.00 feet to a point of curvature (not monumented) of a non-tangent circular curve to the right, having a radius of 585.07 feet and a chord that bears North 45 degrees 30 minutes 18 seconds West, a distance of 434.75 feet; Northerly, along said curve, through a central angle of 43 degrees 37 minutes 14 seconds, an arc distance of 445.43 feet to the end of said curve (not monumented), North 23 degrees 41 minutes 41 seconds West, a distance of 155.15 feet to a point for corner (not monumented); South 66 degrees 18 minutes 19 seconds West, a distance of 5.00 feet to a point of curvature (not monumented) of a non-tangent circular curve to the right, having a radius of 590.07 feet and a chord that bears North 22 degrees 01 minute 37 seconds West, a distance of 34.36 feet; Northerly, along said curve, through a central angle of 03 degrees 20 minutes 11 seconds, an arc distance of 34.36 feet to the POINT OF BEGINNING AND CONTAINING 13,724 square feet or 0.3151 of an acre of land, more or less. Drainage Channel Maintenance Agreement Page 2 of 4 Rev. 11/17/2016 14612.40(80,8107) LD-0.3151 AC-42487 EXHIBIT A-2 EXHIBIT A DRAINAGE CHANNEL FACILITY 0.3151 ACRE (13,724 SQUARE FEET) SITUATED IN THE WILLIAM McCOWEN SURVEY, ABSTRACT NUMBER 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS NOTES: 1. The Basis of Bearing: State Plane Coordinate System, Texas North Central Zone (4202). North American Datum of 1983, 2011 adjustment. All distances shown hereon are U.S. survey feet, displayed in surface value and may be converted to grid by dividing by the Tarrant County surface adjustment factor of 1.00012. 2. This property description is accompanied by a parcel plat of even date. OF a�+y .�:......�.....::N.. 11/24/2021 ANDREW CHAVCHALOV Andrew Chavchalov 6708 y Registered Professional Land Surveyor < A.0 Texas No. 6708 9ti0 SUR��yO Halff Associates, Inc., 1201 North Bowser Rd. Richardson, Texas 75081 214-346-6200 TBPELS Firm No. 10029600 Drainage Channel Maintenance Agreement Page 3 of 4 Rev. 11/17/2016 14612.40(80,8107) LD-0.3151 AC-42487 EXHIBIT A-3 ——————————————————————————————————————————— I 0 50 100 150 200 ICI I I KAR R ] ``BN Yo,7R ROAD A=12°35'2 5"(LT) SCALE: 1"=100' �. R=565.0TCl),n L=124.17'CL= 2'CB=S17'24'00"E N CD z LOCATION NOT TO � IA MAP POINT ►(� i11�=C�i'VIb'Lh y.9� BEGINNING I I �' TIILLL I I N o y� IL?SYIti AC >a A=03°20'11"(RT) 2 I� (CALLED 59.71 ACRES) o L=34.36' ti O COLT TOWN OWNER, L.L.C. aw�I INST. NO. D22124o77s i CL=34.36' �; �y o.P.R.T.c.T. CB=N22°01'37"W o S 66°18,191, W 5.00' DRAINAGE CHANNEL I 24 i} I I I FACILITY ` 0.3151 ACRE LOT 1-20, BLOCK 5 25 (13,724 SQUARE FEET) LOTS 1-20, BLOCK 6 LOTS 1-21, BLOCK 7 LOTS 1-24, BLOCK a A=43°3T14"(LT) LOTS 1-18, BLOCK 9 AND LOTS 1-1 9, Bl.ocK 10 26 W� I I R=565.07' LASATER ADDITION _J'o I I L=43U.2U' CABINET. A, SLIDE 9016 I I CL=419.88', P.R.T.C.T. BLOCK 1 C)o A=43°37'14"(RT) R=585.07' CB=S45°30'18"E 1 27 L=445.43' ` LOTTS1-15, 1X, BLOCK 19 N 00'45'36'W CL=434.75' LOTS 8-22, 22X, BLOCK 11 1,142.71' CB=N45°30118"W LOTS 1-24, BLOCK 12 LOTS 1-33, BLOCK 13 28 120'PIPELINE EASEMENT` LOTS 1-11, BLOCK 11 AND\ II INST.NO.D204284152 LOTS 28-44, 44X, BLOCK 15 I O.P.R.T.C.T. PARR TRUST NST. N0. D2170590 50'TARRANT COUNTY 67 ROAD EASEMENT VOL.1457 PG.77 (REMAINDER OF D.R.T.E 29 II I CALLED 171.49 ACRES) PIPELINE RIGHT-OF-WAY II I NTP35, LP EASEMENT II I TRACT 1 INST.NO.D204284152 30 II I I INST. NO. D216282322 O.P.R.T.C.T. II I I 0.P.R.T.C.T. POINT OF COMMENCING I S 22°41'05" W I NORTII Co1NTO1NN CROSSING 20.00' II I LOT 2, BLOCK 3 T II INST. NO. D221280341 4 ��.OF II I P.R.T.C.T. G1STEq ., I S 00'45'36'E �P P� FO'• 1879.59' (CALLED 29.313 ACRES) 5/8'FOUND ............................ II IRONWOOD CROSSING PUBLIC F_1CILITY CORPORATION IRON ROD W/ A.NDREW CHAVC.HALOV I I INST. NO. D22123118.5 'PELOTON'CAP ...................... I O.P.R.T.C.T. 1 a A9 6708 Pv! II I (C.M.) `9 OFESSNO•'-t0� IN88'58'31'E 1,127.52' SURv FOUND LOTS 1-2.5, 25X, BLOCK 6 F. BAILEY AXLE LOTS 1-13, 13X, BLOCK % EU��i�ELL Y�. (C.MJ AND LOTS I-I4, BLOCK 8 �- PARR '1'RI)SI (130'WIDE RIGHT-OF- NOTES: INST. NO. D216084667 LL I'.R.T.C.T. 1.The Basis of Bearing:State Plane Coordinate EXHIBIT A System,Texas North 83,2011ontra adjustment. tment North DRAINAGE CHANNEL FACILITY American Datum of 1983,2011 adjustment.All distances shown hereon are U.S.survey feet, displayed in surface value and may 0.3151 ACRE (13,724 SQUARE FEET) converted to grid by dividing thee Tarrant a County surface adjustment factor of 1.00012 SITUATED IN THE z.A survey plat of even date accompanies WILLIAM McCOWEN SURVEY,ABSTRACT NUMBER 999 this legal description. CITY OF FORT WORTH,TARRANT COUNTY,TEXAS LEGEND ctwr FOR C.M. CONTROL MONUMENT TRANSWESTERN FIR FOUND IRON ROD 11/24/2021 VOL. PG. VOLUME,PAGE HALFF` INST.NO. INSTRUMENT NUMBER 0 NOT MONIMENTED(UNLESS NOTED) TBPELS FIRM NO.10029600 P.R.T.C.T. PLAT RECORDS OF TARRANT COUNTY,TEXAS HALFF ASSOCIATES,INC. ENGINEERS-SURVEYORS D.R.T.GT. DEED RECORDS OF TARRANT COUNTY,TEXAS 1201 NORTH BOWSER ROAD-RICHARDSON,TEXAS-75081-2275 O.P.R.T.C.T. 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' X 4 1 " m . � n ea ezz� •==3= I HAT.• (_A I209iilid 1 li 1 Hi lk ---------------------- NV Id :4HJL NV Id HHZ (LOiS£OS)OP Z19H 91OZ/Ll/11 ADD ;uawaal:�y a3ueua;uiew[auuey7 a'euwlQ ------------- ------------------- O a w jw�wwwwwwwLLLL� z a LL-g � � J, I aim `mN �n LL O cYi w rc 3 r )£JO S 133HS 33S)3NI1 H31VO --- m¢ Nil to �n I Il�al - /'t I I I I I II - 3 w uu um III III I - aep o�a II I w=mil �k I ..�y�A w���i���N lam 40�III II<;�I 'm �' d - 'j• I I ak a��s u II I I I Pa - r.i I-4 I _ a2 delam I I � - - � � r1r�A 19+I h!q 19ll1 U / wm- xg and JINo �o n I ,ice x - f s owe - r o .i¢�n 3 _ �5 - �9 01 26. �w wo� ry N, s=o m —_------------ ----------- — a6, _-----lir;TdS—.Ir�__--------_—_ lnm Y & ' ✓o 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 Drainage Facility is inspection. General Maintenance Procecures The structural and functional integrity of the Drainage 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. In addition, corrective measures are required any time the Drainage Facility 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 Drainage Facility. Disposal shall be in accordance with federal, state and local regulations. The land abutting the Drainage Facility 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 water system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 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. • 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 Rev.11/17/2016 14612.40(80,8107) EXHIBIT C-1 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 flume 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 filtrations stem Berm or Embankment Settlement Location of erosion Drainage Channel Maintenance Agreement Rev.11/17/2016 14612.40(80,8107) EXHIBIT D-1 Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation Drainage Channel Maintenance Agreement Rev.11/17/2016 14612.40(80,8107) EXHIBIT D-2