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Home My WebLink AboutContract 47177 141 ifk J DOE # 7396 DRAINAGE CHANNEL MAINTENANCE AGREEMENT SEVEN OAKS ADDITION NORTH CHANNEL Of THIS AGREEMENT, made and entered into this day oftrgu°st 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 N b DRAINAGE CHANNEL MAINTENANCE AGREEMENT E "I Rev.7/2006 I �i[& � g vCrr9 �az�rrur f 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.712006 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 thisa day of August-, 2015. Landowner city Arbors Development, LLC City of Fort Worth A T s imit�;d VU�abilitt mpany Jesus J. Chapa -(4ame: Ronald B. OP an Assistant City Manager Title C' Approved as to Form and Legality Assistant City Attorney e ATTEST City Scr ar AX ............ ........... OFFIWAL. RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT 5 Rev.712006 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on DQC j by Jesus J. Chapa,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. MY CCIMMIS51(7N E};plf IF.`. '; -?tkk pp 1°oreaary r?,2r�lr� Notary Public, State of Texas rlIQ1111�,`w �µ � 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 th=ic, Stat act of such Arbors Development, LLC and for the purposes and consideration expressed �'M1YP a VALLIAM LEE BOOMER my Commission Expires May 15,2015 S4y OF, .' 9 CITY' r � r�fi,,, rI C�S��% l DRAINAGE CHANNEL MAINTENANCE AGREEMENT 6 Rev.7/2006 Exhibit "A" Stozzn Water Facility Maintenance Agreement Situated in the IMAM LITTLE SURVEY, Abst. No 830, HELD NOTES.- Tarrant County, Texas. Description for a 56' 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 tract described inn angle dee asT ract A to southeast Margie Nell Norman r by dead r t 1 corner ecorded in Volume 0573, P090346, of Deed Records, Tarrant County, Texas; THENCE N 04'58'05" W, 1202.54 feet to the Point of Beginning of the herein described easement; THENCE N 8958'08" W, 1064.25 feet; THENCE S 75'5942" W, 103.08 feet; THENCE N 89'58'08" W, 160.25 feet; THENCE N 00'01'52" E, 56.00 feet, from which a 112" iron rod capped MIZELL 6165 for the most northerly northwest comer of said Seven Oaks—FW, Ltd. tract bears N 6730'59' W, 306.34 feet, from which a 112" iron rod capped MIZELL 6165 for an ell corner of said Seven Oaks—FW, Ltd tract bears S 02'28 27" W, 725.38 feet; THENCE S 89'58'08' E, 159.75 feet; THENCE N 7559'42" E, 103.08 feet; THENCE S 89,58'08' E, 1064.71 feet from which a 112" iron rod capped MIZELL 6165 for the northeast comer of said Seven Oaks—FW, Ltd. tract bears N 49'06'22" E, 140.44 feet; THENCE S 00'00 08" W, 56.00 feet to the POINT OF BEGINNING and containing 1.703 acres (74,18J square feet) of land. NOM.- r,W tavRMATED TO DEED CALL S 00.05'10' w ALONO EAST LINE OF SITE SUFFICIENT REST WAY PERFORA" TO DE719WWNE 7NE BOUN04RY LOCATIONS OF THIS PROPERTY THIS SURvEy DOES NOT PURPORT TO SHOW ALL m4rre THAT A COMPLETE 7 E', SEARCH u 5 . ='l K€ . ' NO ANPROVEMEhnS ShC>WTV. `! �°,-. �tl -N � THE PLAT HMEON WAS PREPARED FROM/AN ACTUAL ' °a ON lifE GRWND SURKY OF 7HE Y f;} r .................. PRIER S7lOf4fJ 7=4S GEOSPATIAL IgLI suR rya Www.7XGE0.COM \y ca. c ;. STZDOH 7N P►toFESSrawL 4918 BEN DAY MURRIN RD. S.. ,•QQ A TEXAS NO. 6165 FT µCJR7H 7X 76126 °`JI, V z`1 PREPARED APRIL 24, 2015 817-441-6199 `` s� RENSED SEP70ASER 14. 2015 (OWNER) FAX: 617-441-6805 7BPLS nRM NO. 10083300 SHEET 1 OF 2 1407"-WT1$%FUA SM 1/2'IRON ROD CAPPED WELL . 1/Y RICH ROD 8185 _ CAPPED Y12F1L _ —- 8185 _ _ _ — — 58'DRNNAGE 6A ENT .� 1.703 ACRES _-� t r 41 t Q.FT. - t1 x x t] N M 1064, 1 3� ,•& S 89'58`08" E ,o L4 FRTIIRE RAINBOW STORE LN. F o BEL vLROE LANE 1064.25 PANT IN OF o^ J _2 BEGINNING N 895608" W G x YARGIE NELL NORMAN TRACT A xi t a 8 s ''o l`ln I VOL 10573,PG,348 O 1 6165 a tt FUTURE PHASE SEVEN SEVEN OAKS J _ v J' " 6 POINT OF u O u COMMENCING BIR.fiI LITTl6 SUllY6'Y ANGLE IRDN SEVEN OAKS-FW.LTD. dbST. NO. 9S0 DOC,NO.D2152GM33 C.C.R.T,QT. HOME. NE TABLE REWI`4S CORRELATED TO D®CALL S 00.05'10'W LINE FAST LINE OF SR. V49 ING DISTANCE SU7�TT RESEARCH WAS PERfORNm Ti)DFTFRArME 59'42'W 103•W THE BWNDAgY LOQt7TOH^OF TM3 PW1'E7)TTY. 58.08'W 160.25' 77M SUWFY DOES NOT PURPORT TO SIM ALL 01'52'E '`8.�' TTF9s TH+r 4 crw> TT/L� 58'08'E 159.75' 'j 42'E 10308' NO 04PROVEWUffS&'IOW' 06'W 56.' 22'E 140.44'.-� Exhibit "A" w E `' F flF r�� Storm 1Pater Faciiity .ens Maintenance Agreement F� Situated in the ME PLAT HERF0N WAS PREPARED 7RALf AN ACTUAL SURVEY, ....:..................,......... ON 7HE OR04M SURLY OF 7NE LL7IALL DESY.'RIBID �� T T/f/T+�j S�YL'l, AbS4. 9CAL� 1" = 200' a STEP!I[ B.MiZELL ; PRA°FRTY silo HFRECw, r Ll L a ..................... No 930, •'° ,1 b a TEXAS GEOSPA7?AL °'.s s�°�@+�/ s ' S�roR Parrant County, Penes. WWW.7XG£0,(OM 'ti`;"'•••"".IQ TEI IS REOISrRAl1 H1 M7. 6165 4918 80 DAY MURRIN RD. g!)pV� l% A 2f,201 FT, WR7H, TX 76126 �%'� EP M/�R)LL gg 817-441-6199 -,>->7i% REWSED SEPIEYBDP 14,2015(ON11F1T) FAX. 817-441-6805 sLE>`r z of z r�a�2aL'svnsNTUA s;lr TEPLS FIRM NO 10083300 1 mM W -0 IS h1hi I;v h- IN J lop 1; A Liao 0100 IN i, 14, ilk L i --r1dWiAM15—>,y- EXHIBIT "B)' PHASE ONE PHASE TWO 68 LOTS ' 74 LOTS FUTURE E �i PHAS \ 1� � � � �� •� `ESL _- � _ � - D p 1 •z — ° II a 'FUTURE PHASE - e i I i tl. .t o � 650 /,(��p.•°°�°°''�� — _T. d u»a'.sme. / • _ ,H_-- 635 c.onx MN - vj.auE• 1 T -- n i i 630 n.ro noxrvm.n�u�� F1" I n __-_1 — —� Civ�ISolutions Inc 8 S F1" anE v: �di „., �aI eal es r5 ez. - — W - HASE THREE 87 LOTS FUTURE PHASE { —- i a yam. e l FUTU RE PHASE 'N' IN 5l Pmfil®Sce[—HoM.1--40 Yert t'=4' uo • I _ i s oe 1 �i 655 r .vo 650 r g 3 640 -. - --}-- it CivilSolut�ons5lnc -�$$ft II 625 rn 1 4Ao-. Q\A l Ce� y W 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 fiinctional 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 MAINTENANCEANSPECTION • 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 H 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.712006 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10 Rev.712006