Loading...
HomeMy WebLinkAboutContract 59036-RV1Date Received: 10/23/2024 Time Received: 11 :50 a- m Permit No.: SWFMA-24-0096 City Secretary No.:59036-RV1 REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between LNR AIV. LLC. a Delaware limited liability company, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESS ETH WHEREAS, the Landowner is the owner of certain real property described as a tract of land located in the Matthew Ashton survey, Abstract No. 1, Denton County, Texas according to the deed recorded in County Clerks File No. 2023-91440, in the Deed Records, Denton County, Texas, hereinafter called the "Property". WHEREAS. the Landowner applied for certain development permits for the Property with the City of Fort Worth in approximately February 2023, however the anticipated development did not subsequently occur; and WHEREAS, Lennar Homes of Texas Land and Construction, Ltd. "Previous Landowner" and City executed a Stormwater Facility Maintenance Agreement ("Agreement") for the drainage facilities anticipated to be constructed during development, and which was filed with the City as City Secretary Contract No. 59036 and which is recorded in County Clerks File No. 2023-24837. in the County Clerk Records, Denton County, Texas; and WHEREAS, the Landowner and City wish to revoke said Stormwater Facility Maintenance Agreement because it is moot by virtue of the anticipated drainage facilities OFFICIAL RECORD CITY SECRETARY Fr. WORTH, TX REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/0V2022 EN Page 1 d 4 having never been constructed, and it is in the interest of the parties to revoke the Agreement; 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 Stormwater Facility Maintenance Agreement (City Secretary Contract No. 2 36} recorded in recorded in County Clerks File No. 2023-24837, in the Deed Records, Denton County, Texas is hereby revoked, and the obligations of the parties as stated therein are mutually terminated. 2. The parties to this Revocation represent that the foregoing recitals are true, that they possess sufficient interests in the Property to make this Agreement, and that they are legally authorized to execute this agreement. 3. This Agreement shall be recorded among the deed records of Denton 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. [THE REMAINDER OF THIS PAGE TO REMAIN BLANK] REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 2 of 4 Executed this day of CITY OF FORT WORTH Su��Dana Burghdoff(Oct 2024 CDT) Dana Burghdoff Assistant City Manager City of Fort Worth Date: OCt 23, 2024 Approved as to Form and Legality: By: Matthew Murray Title: Sr. Asistant City Attorney City Attorney's Office Date: Oct 23, 2024 poi pORT�aad O ATTEST: ova .s, °49 Gd�n nE4A44a Jannette S. Goodall City Secretary Date: OCt 23, 2024 20 LANDOWNER LNR AIV, LLC, a Delaware limited liability company 7-1 1154-�e By: Nathan Holt Its: Authorized Signatory Date: October 17,2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Owen (Oct 23, 2024 08:57 CDT) Rebecca Owen Planning Manager Date: OCt 23, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 3 of 4 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on October 23rd, 2024 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Notary Public, State of Texas o1PaYP�e` KATHLEEN SWFORD Notary Public N®* STATE OF TEXAS y Notary I.D. 12197197 "FOF My Comm. Exp, Apr. 12, 2027 LANDOWNER STATE OF ARIZONA § COUNTY OF MARICOPA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Arizona , on this day personally appeared Nathan Holt, Authorized Si,,ITator�, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of LNR AIV, LLC, a Delaware limited liabilit\ comnanv, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th of October , 2024 JUUE GIUETT Notary public - stale of Adam MARICOPA COUNTY CommissW # 635441 Expires August 05, 2M Notary Public, State of Arizona day REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 4 of 4 Denton County Juli Luke County Clerk Instrument Number_ 24837 ERecordings-RP AGREEMENT Recorded On: March 15, 2023 08:16 AM Number of Pages: 20 " Examined and Charged as Follows: " Total Recording: $102.00 - --- THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: 24837 20230314000692 March 15, 2023 08:16 AM Joy R Station 19 STATE OF TEXAS COUNTY OF DENTON Record and Return To: Corporation Service Company I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX DowSign Envelope ID: SE713CD2-8983.4A78-W7D-9F40ECF4E814 Date Received: 3/14/2023 Time Received: 1:08 P.M. Permit No.: SWFMA-22-0011 City Secretary No.: 59036 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS STORMWATER FACILITY MAINTENANCE AGREEMENT (the "Agreement") is made and entered into this 14th day of March 1 2023, by and among Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership, acting by and through Jennifer Eller, its duly authorized representative, hereinafter referred to as "Landowner", GBTM Sendera, LLC, a Delaware limited liability company, acting by and through GRBK Edgewood LLC, a Texas limited liability company, its duly authorized representative, hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as "City". W ITNESSETH WHEREAS, the Landowner is the owner of certain real property situated in Denton, Texas and being situated in the Matthew Ashton Survey, Abstract Number 1, City of Fort Worth, Denton County, Texas and said tract being described by deed to Lennar Homes of Texas and Construction, Ltd., according to Instrument Number 2020-204878 recorded in Deeds Records, Denton County, Texas, hereinafter called the "Property'; and WHEREAS, the Developer is developing the Developer's property (that is adjacent to the Property) in accordance with the Site Plan/Subdivision Plan known as Madero Phase I incorporated herein (as approved by the City, the "Plan"), that provides for management of stormwater within the confines of the Property; and WHEREAS, the City, the Landowner and its successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that temporary on -site stormwater management facilities (the "Facility") be constructed and maintained on a portion of the Property in accordance with the Plan; and WHEREAS, the City requires that the Facility as shown on the Plan be constructed by Developer at the location and in the dimensions shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"), a portion of which will be owned and maintained by Landowner, its successors and assigns; and Docuftn Envelope ID: SE713CD2-9993-4A7Br9E7D-9F40ECF4E814 WHEREAS, the Landowner agrees to maintain its portion of the Facility Property that is located on Landowner's property until such time as permanent stormwater management facilities are installed to serve the Property to the specifications required by the City, at which time, the Landowner shall submit an application to the City to amend or terminate this Agreement and if all required specifications have been met, to be determined by the City, in its sole discretion, the Agreement will be terminated. 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: l . The Developer shall, at no expense to the City or Landowner, construct the Facility, in accordance with the design specifications for the Facility attached hereto as Exhibit "B". Upon completion, Landowner and/or its successors and assigns, shall maintain the portions of the Facility on its property ("Landowner's Responsible Portion") at no expense to the City in accordance with the current standards then in force and effect in the City and the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Facility includes swales and channels built to convey stormwater to the Facility, as well as vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facility performs its design functions. The Stormwater 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 and/or its successors and assigns, shall inspect the Landowner's Responsible Portion ofthe 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 Landowner's Responsible Portion of the Facility, as depicted on Exhibits "A" and "B" attached hereto. Components of the Facility within the Landowner's Responsible Portion that need maintenance to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken, if any. DocuSign Envelope ID: 8E713CD2-M3.4A7B-9E7D-9F44ECF4ES14 3. The Landowner and its successors and assigns, hereby grants 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 citizen complaints. The City shall provide the Landowner and its successors and assigns, copies of the inspection findings and a directive to commence with repairs if necessary. 4. In the event the Landowner and/or its successors and assigns, fails to maintain the Landowner's Responsible Portion of the Facility, and due to that failure, the Facility is not in good working condition as specified herein, 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 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. S. The Landowner and its successors and assigns, will perform the work necessary to keep the Landowner's Responsible Portion of 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, Landowner and its successors and assigns, shall reimburse the City upon demand, within thirty (3 Q) days ofreceipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fails 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 Iien shall be perfected by filing in the office of the County Clerk of Denton 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, ITS SUCCESSORS OR ASSIGNS AGREE TO SOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. THE LANDOWNER, ITS SUCCESSORS DocuSign Envelope ID: SE713CD2-99934A76-9E7D-SF40ECF4ES14 OR ASSIGNS COVENANT AND AGREE AND DO HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY, 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 LANDOWNER, ITS SUCCESSORS OR ASSIGNS TO MAINTAIN THE FACILITY UNTIL THIS AGREEMENT IS TERMINATED BY THE CITY. 7. Landowner hereby covenants and agrees that no habitable building shall be erected within the boundaries of the Property in which the Facility is located as outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the boundaries of the Property in which the Facility is located, which do not impede drainage. 8. This Agreement shall be recorded among the land records of Denton 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, until an application is made by the Landowner to terminate this Agreement upon completion of permanent stormwater management facilities constructed to the City's specifications. 9. Upon completion of permanent stormwater management facilities serving the Property Landowner steal I submit an application to terminate this Agreement and pay application E fees in effect at the time of submission. If the permanent stormwater management i facilities are complete, as determined by the City in the City's sole discretion, the City agrees to terminate this Agreement. [REMAINDER OF THIS PAGE TO REMAIN BLANK] DocuSign Envelope ID: 8E713M240934A7B-9E7D-8F40ECF4E814 Executed this 14th day of March 2023 CITY: LANDOWNER: Lennar Homes orTens Land & (on behalf. of) Construction, Ltd. a Texas Limited Partnership Dana Burghdoff, Assistant City Manager By: U.S. Houle LLC, City of Fort Worth a Delaware limited company {as successor - Date: Mario, 2023 in -interest by conversion from U.S. Home Corporation, a Delaware corporations its Gen=r' Approved as/to Form and Legality: By; -j6'21.JfA 9MA, Jennife Elltr, Au oriztd Agent Thomas Royce Hansen, Date:] Assistant City Attorney H City Attorney's Office DEVELOPER: Date: Mar 10, 2023 GBTM Sendera, LLC, a Delaware limited liability company ATTEST: By: GRBK Edgewood LLC, a Texas Iimited liability company its Devel ry. 79r,�A:iorized Jannette Goodall, Bob kI� Signer City Secretary City of Fort Worth Date: 3/7/2023 2: 56 PM CST Date: Mar 14, 2023 Contract Compliance Manager. By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Oiane n fw.r 10, 202310'.50 CSTI ecca Planning Manager Development Services Date: Mar 10, 2023 STOWWATER FACILITY MAINTENANCE AGREEMENT Rat, 43tD112Ci2Z ON DocuSign Envelope ID: 8E713CD2-M3-4A7"E7D-W4OECF4E814 CITY: STATE OF TEXAS § COUNTY OF TARRANT § Roger Venables, Director of Aviation This instrument was acknowledged before me on March 10, 2023 by Ehah s of the City of Fort Worth, on behalf of the City of Fort Worth. BROOKE BONNELL Notary Public + + STATE OF TEXAS Notary I.D.134ODM My Comm. Exp. Oct. 11, 2026 LANDOWNER: STATE OFtC COUNTY OF Sonnl"signed6yBrooke Brooke Bonnellonnell Date 2023.03.1012:1530 -06W Notary Public, State of Texas �11 BEFORE ME, the undersigned authority, a Notary Public in and for the State of �"k , on this day personally appeared iThanif t f (named t (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of ( A+lVtr?S, (entity), a I& r& S Ii04A, _At(entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day off�n � MADISON TAYLOR BEENE s �{, -Rs' Notary Pubtle. state of Tom Notary Public, State of � i Comm. E spires 08-15-2025 ��%�i,F,a`,r,:��`r Notary ID 131173666 STORK MIATER FAC0.irY MAtNMNAWCE AOREEMEW Rev. 03t01r2022 BN 6 DocuSign Envelope ID: 8E713CD2-9%3-4A76-9E70-9F40ECF4E814 DEVELOPER: STATE OF COUNTY OF ,1 1 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Bobby Samuel, Authorized Signer, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of GRBK Edgewood LLC, a Texas limited liability company, the Development Manager of GBTM SENDERA, LLC, a Delaware limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of �I YY' , 20�. FKIWTY LYN CHANDLER�Y ID #129770Y38 Notar ic,to of Fxv#- y t, 26 STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev OW01n= SN DocuSign Envelope ID: SE713CD2-9993-4A7B-9E7D-9F40ECF4E814 EXHIBIT "A" INSERT LEGAL DESCRIPTION STORWMATER FACILITY MAINTENANCE AGREEMENT Rev. 1111712016 DocuSign Envelope ID: 8E713CD2-9993-4A76-9E7D-8F40ECF4E814 EXHIBIT "A" STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING 0.855 ACRES OF LAND SITUATED IN THE MATTHEW ASHTON SURVEY, ABSTRACT NO.1, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO LENNAR HOMES OFTEXAS LAND AND CONSTRUCTION, LTD BY DEED RECORDED IN COUNTY CLERK FILE No. 2020-204878, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LENNAR HOMES TRACT, FROM WHICH A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND FOR THE SOUTHWEST CORNER OF SAME TRACT BEARS SOUTH 00'23'0" EAST, A DISTANCE OF 5S.00 FEET; THENCE NORTH 00'23'50" WEST, WITH SAID WEST LINE, A DISTANCE OF 50.20 FEET, FROM WHICH A S/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND BEARS NORTH 00'23'50" WEST, A DISTANCE OF 309.80 FEET; THENCE OVER AND ACROSS SAID LENNAR HOMES TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89'34'22" EAST, A DISTANCE OF 595.66 FEET; NORTH 44636'10' EAST, A DISTANCE OF 57.31 FEET; NORTH 89'40'07' EAST, A DISTANCE OF 48.81 FEET TO THE WEST LINE OF A TRACT OF LAND DESCRIBED TO LNR AIV LLC BY DEED RECORDED IN COUNTY CLERK FILE No. 2022-161445 OF SAID REAL PROPERTY RECORDS; THENCE SOUTH 00'23'50" EAST, WITH SAID WEST LINE, A DISTANCE OF 80.99 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED `UA SURVEYING" FOUND; THENCE SOUTH 44'36'10" WEST, CONTINUING WITH SAID WEST LINE, A DISTANCE OF 14.14 FEET TO A 5/84NCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND FOR THE SOUTHWEST CORNER OF SAID LNR AIV LLC TRACT; THENCE SOUTH 89'36'11" WEST, OVER AND ACROSS SAID LENNAR HOMES TRACT, A DISTANCE OF 67S.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 0.955 ACRES (37,257 SQ. FEET) OF LAND. Aaron , R.P.L.S. Registered Professional Land Surveyor —" Texas Registration No. 6702 't�• •� wA Surveying, Ina 3017 West r Street, Suite 300 ...;._...« Fort Worth, Texas 76107 ANWN C. B 682-747-0800 ..Y.NMww...... i�o 6702 TBPELS Firm No. 10194382o�__ Page 1 of 2 (Revised December 1, 2022) February 15, 2022 DocuSign Envelope ID: SE713CD2-99934A7Br9E7D-9F40ECF4ES14 LINE BEARING DISTANCE L1 N00'23'50"W 50.20' L2 NOW34'22"E 595.66' L3 N44'36'10"E 57.31' L4 N89`40'07"E 48.81' L5 S00'23'50"E 80.99' L6 S44.36'10"W 14.14' L7 S89'36111 "W 675.00' LS SOW23'50"E 55.00 a 0 Ve. (REMAINDER OF) WS MINERAL HOLDINGS, LLC C.C.# 2007-143782 R.P.R.D.C.T. (REMAINDER OF) LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. CIRF C.C.# 2020-204878 R.P.R.D.C_T. 0 OR 01 0.855 ACRES �37,257 S.F. V POINT OF �� BEGINNING CIRF 9 L, CIR �.fD CIRF GM SENDERA, LLC C.C. 2020-132253 R.P.R.D.C.T. a >E rrnrun 9 C.C.# COUNTY CLERK'S FILE NO. CIRF 5/8 INCH IRON ROD FOUND WITH CAP i STAMPED 'WA SURVEYING" R.P.R.D.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS "dORrZONTAL DATUM: WW BEARING BASES IS MO NOATN, TMS STATE PLANE COORDINATE SYSTEM. W" CENTRAL ZONE. NAM R THE RESULT OF EPOCH APPLICATN7)N OFF A��ACE A�bJIISOTMMEEW FACTOR OFLL1AGO1500633 n SHOWNANCES THE OW-JN (U)• DATE: 02/15/2022 EXH I BIT '$Ai1 PAGE 2 DRWN BY: S.A.T. STORM WATER FAGLMFS MAINTENANCE AGREEMENT CHKO BY: A CB. SFTUATEDINTHE 7 OF 2 NTAMEWASHTONSURVEY,AIISTRACTNO.I PRCIJ NO. 0112 CIYOF FORT WORTH, DENToN couN1Y, TEAS LNR AIV LLC C.C.#2022-161445 R.P.R.D.C.T. 200 0 200 1 INCH . 20OFT. (REVISED 12/01/2022) WA Surveying, Ina LA 3N7 West 7th Sleet Phone 6a747 C&* Su1e 300 Fort Worth. Tuns 76107 T.8PF LS Firm Na.10191362 DocuSign Envelope ID: 8E713CD2-8993-4A78-8E7D-SF40ECF4E814 EXHIBIT "B" MADERO PHASE 1 CONSTRUCTION PLAN SHEETS: • DRAINAGE AREA MAP • STORM DRAIN PLAN & PROFILES • SWALE PLAN & PROFILES • GRADING PLANS • EROSION CONTROL PLAN Jill jol 17 -yZLE• NVX. 1.4 SY! 31 -NronD HOU410 ulwcw 140:1 ic k10 I 29811CI 4VIV vsw aDvmlvme MLLIGHW WIVZJXI TlVV3AO DMI-r -- ------- -M Iff 4�' t IN 77 6.w rev.-- FI. 31I4." Wo _Wl m I CM3931 DocuSign Envelope ID: 8E713CD2-M3-4A7B-9E7D-9F40ECF4E814 MATCH LINE SEE SHEET 52 11 <- - •.� yr: •ii. �w, '.� �:-•—_�, •I '� VL .41 I "; =EF 7 i�i ;�` i i de / 7 ¢ F till Ri j''f•r� i i�} i N§ �;? �_ `% ` 9 slit? i s sp � • =; ' a r�� tile; mgaa ... zi .,1 I ��i s: _ i 3 �•ir' t'a: o �� 3 � �$ � ; � a+ �� 3ll = L 0 9 1; 1. DocuSign Envelope ID: 8E713CD2-9993-4A7B-9E7D-9F40ECF4E814 b. 3r 21 Ps , - 'C".- 'J" W340-011_ 4 N ...... ... . TI aw r. 1:11 1 X4. --SD5 v "SIM .:Ulm DocuSign Envelope ID: 8E713GD2-9983-4A7B-9E7D-9F40ECF4E814 j Docuftn Envelope ID: 8E713CD2-M3-4A7B-8E7D-9F40ECF4E814 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 MAINTENANCE/INSPECTION • 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 stall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. DRAINAGE CHANNEL MAINTENANCE AGREEMENT RmAIM912M JLE DocuSign Envelope ID: 8E713CD2-M3-4A7B-9E7D-9F40ECF4E814 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT INSPECTION Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippin s Violations Noted MINOR INSPECTION Condition of Channel Amount of silt in pond Amount of silt in flume Amount of ponded water Amount of wetland petation Location of Erosion Percent of vel~etation 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 RiL-Rap Condition of filtration system DATE REPAIRS REPAIRS NOTES REQUIRED MADE DRAINAGE CHANNEL MAINTENANCE AGREBMENT Ray.11MOPA 20 JLE DoeuSign Envelope ID: 8E713CD2-99934A78-9E7D-9F40ECF4ES14 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL &WNTBUNCE AGREEMENT 10 Rev,tlltarIM,ILE