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HomeMy WebLinkAboutResolution 2002-054 RESOLUTION NO. 2002-054 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1. The Mayor be, and is hereby authorized to execute the attached Detention Storage Maintenance Agreement with Summit Bank for Brentwood Estates, Block 1, Lot 1. PASSED AND APPROVED this the 24th day of June, 2002. 0..'<~':!!}-:0!Y¿, ~/ ~,\,." " "~ g;',...@ "''.." V' .~ : TTEtT: Y"'" r~k mfitcia Huts'on, City Secretary APP)O~~~A~ ~O FO~M AND LEGALITY: .\1--( 1~1:~..f1 ! I ó /.' ¡ '/ \,, , ' / ~/ George Staples, Att rney for the City APPROVED AS TO CONTENT: I· I..· ('- t, ! . I - l ii, I, e __( . .', Mike Cùrtis, P.E., Public Works Director ~\/.:~.~. () ~ -r' "r. ..: 'I~ .I,," ,II CETENTION STORAGE MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: COpy WHEREAS, by plat denoted Lot 1, Block 1 "Brentwood Estates" approved on March 27, 2000 by the City Council of the City of North Richland Hills, Tarrant County, Texas, Summit Bank was permitted to develop the site described thereon in accordance with such plat, and WHEREAS, such plat requires construction on the property legally described as Lot 1, Block 1 "Brentwood Estates" which includes the development site of a facility to provide a storm water detention pond ("Water Detention Storage Facility") for the development site to minimize potential flooding of downstream property, and WHEREAS, the City is willing to permit Summit Bank to construct an earthen Water Detention Storage Facility with pilot channel in accordance with plans approved by the City, as opposed to a concrete Water Detention Storage Facility, provided that Summit Bank agrees to maintain such earthen Water Detention Storage Facility. NOW, THEREFORE, Summit Bank agrees as follows: 1. Summit Bank shall construct, at its sole cost and expense, the earthen Water Detention Storage Facility in accordance with plans and specifications approved by the City. 2. Summit Bank shall maintain the Water Detention Storage Facility in a prudent manner to minimize soil erosion. 3. Should Summit Bank fail to remedy any inadequacy in its maintenance of the Water Detention Storage Facility within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Summit Bank upon written demand therefore. If Developer fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the Property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County Land Records. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Summit Bank pursuant to this Agreement. 4. The agreements made herein shall be binding upon Summit Bank, successors and assigns and shall be covenant running with the land. Page 1 of 2 PW75DETAGR Executed this 11 day of t ~, STATE OF TEXAS COUNTY OF TARRANT J,,"0'7~ 200 L . BY~~~ Robert Harrison, President Summit Bank ,.",v.~.:~~~",. :g" .. ;;:.~ ......- ~ ~ i.]U . ;~.. ( r9 '. \,rg:-'-'" ."..\ U.~: .~' '11J' A ft'è's'T: ' I".,./i - " "'''x'''> ~ ''f ..A./" I . / , "c,¡(L"'~ Patricia Hutson, City Secretary tlQ L- Notary's Printed Name: iEll'-{ S Thornp5JiJh- CITY 9flj/./.' O,RTH. RI,6JANQJ:ULLS; , /' ';{/Î ~ 10,1 By: {/ 11// V./VJ 1?'¡1/[1 Oscar Trevino, Mayor AND LEGALITY: George A. Staples, ttorney for the City APPROVED AS TO CONTENT: ] 1 Î ,~~/( C~, .±. Mike Curtis, P.E., Public Works Director Page 2 of 2 AFTER RECORDING, RETURN TO: City Secretary City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 PW75DET.AGR