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HomeMy WebLinkAboutContract 36578CITY SECRETARY CONTRACT NO DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18th day of October, 2007, by and between M&C Development, Ltd, acting by and through Haydn Cutler, General Partner, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 9,476 square foot tract located in Joseph Bowman Survey, Abstract No. 79, Fort Worth, Tarrant County, Texas according to the Deed recorded in Instrument No. D2071085941 Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "A", 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 Marine Creek Ranch, Section 5 & 6, 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 and assigns, the location and dimensions of which is shown on the attached Exhibit "A" ("Facility Property"); and; DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01 /09/2007 DCMA-2 02-04-08 P12:3 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 ("Facilityexpense 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 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. ik DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01 /09/2007 DCMA-2 J U� : >,1UldU� U�G`S� 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 Landowners. 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 EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01 /09/2007 DCMA-2 FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITII T PROPERTY TO MAINTAIN THE SED 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 IT5 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 fiequency 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 Rev. 01 /09/2007 DCMA-2 II Executed this /-�� r'dayofcer 20� � Landowner M& C Development, Ltd, A Texas Limited Partnership By: Haydn Cutler, Its General Partner By: General Partner City City of Fort Worth -- _..__� -Marc A. -Ott — Fes--nando Costa ��� Assistant City Manager � Approved as to Form and Legality Assistan City Attorney STATE OF TEXAS 0 ACKNOWLEDGEMENT COUNTY OF TARRANT § This instrument was acknowledged before me on this day of 2008 by Fernando Costa, Acting Assistant City Manager of the City of Fort Wo , a Texas municipal corporation, on behalf of said corporation. HE7' i`lE tANE MY 4c�rvIMISSvw EXPIRES duty 26, 2011 My Commission Expires: 07-26-2011 Notary Public in t�e� ''� '� r f �1 DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01/09/2007 DCMA-2 �� h �...�i?����.� ;�., 1 v. J i� � UUG;.O 5 ATTEST "&t L N City Secretary STATE OF TEXAS k.01 OF TARRANT This instrument was Marc A. Ott, Assistant City Fort Worth. STATE OF TEXAS COUNTY OF TARRANT before me on by City of Fort Worth, on behalf of the City of Notary Public, State of Texas Before me, the undersigned authority on this I d day of L'X.[.0 , Mg3 personally appeared Haydn Cutler, General Partner of M&C Development Ltd., 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 M&C Development, Ltd., and that he executed the same as its General Partner and as the act of such Ltd. Partnership and for the purposes and consideration expressed in the foregoing instrument. RITA A. SINGLETON NOTARY PUBLIC S *ATE OF TEXAS Nly t �.rnm Up.12-15-2008 DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01 /09/2007 DCMA-2 EXHIBIT "A" DRAINAGE CHANNEL SHEET 1 OF 2 LEGAL DESCRIPTION BEING all that tract of land in the City of Fort Worth, Tarrant County, Texas, a part of the JOSEPH BOWMAN SURVEY, ABSTRACT No. 79, and being a part of that 964.473 acre tract of land conveyed to HAYCO Realty, Ltd. as recorded in Volume 14192, Page 644, Tarrant County Deed Records, and being further described as follows: COMMENCING at a one—half inch capped iron rod found for corner in the south line of that 59.289 acre tract of land conveyed to M & C Development, Ltd. as recorded in Clerk's Document Number D207108594, Tarrant County Deed Records; THENCE North 66 degrees 03 minutes 41 seconds East, 127.86 feet with the south line of said 59.289 acre tract to a point for corner and the POINT OF BEGINNING of this tract of land; THENCE North 66 degrees 03 minutes 41 seconds East, 32.14 feet continuing with the south line of said 59.289 acre tract to a point for corner; THENCE South 23 degrees 56 minutes 19 seconds East, 25.74 feet to a point for corner; THENCE South 06 degrees 15 minutes 33 seconds West, 182.02 feet to a point for corner; THENCE Southwesterly, 91.54 feet with a curve to the right having a central angle of 31 degrees 18 minutes 43 seconds, a radius of 167.50 feet, a tangent of 46.94 feet, whose chord bears South 21 degrees 54 minutes 54 seconds West, 90.40 feet to a point for corner in an east line of said 59.289 acre tract of land; THENCE Northwesterly, 39.99 feet with a curve to the right in the east line of said 59.289 acre tract, said curve having a central angle of 01 degrees 23 minutes 34 seconds, a radius of 1645.00 feet, a tangent of 19.99 feet, whose chord bears North 27 degrees 01 minutes 18 seconds West, 39.98 feet to a point for corner; THENCE Northeasterly, 55.21 feet with a curve to the left having a central angle of 23 degrees 52 minutes 23 seconds, a radius of 132.50 feet, a tangent of 28.01 feet, whose chord bears North 18 degrees 11 minutes 45 seconds East, 54.81 feet to a point for corner; THENCE North 06 degrees 15 minutes 33 seconds East, 178.27 feet to a point for corner; THENCE North 23 degrees 56 minutes 19 seconds West, 11.38 feet to the POINT OF BEGINNING and containing 9,476 square feet or 0.218 acres of land. WILLIAM J. JOHNSO� F:\Projects\HCC003\dwg\XHCC003_ DRNG ESMT1.dwg Saved By. tdayton Save Time: 1 15/2007 12:25 DRAWN: PROJECT: DATE: RS I HCC003 I5/9/07 . Engineering Jones &Boyd,lnc. � Surveying ■ Planning 3601 N.E. Loop 820, Suite 102 Ft. Worth, TX 76137 • Landscape 817.Bd7.8444 office Architecture 617.8b7.9974 fax ■ Construction nes-bo�d.com Management vnvw.jo GRAPHIC SCALE 100 0 50 100 (INS') 1 inch = 100 ft. I � n n zo Om M m or N O O m 4� K: 4� Z VT, L' 74829�0 0 EXHIBIT "A" DRAINAGE CHANNEL SHEET 2 OF 2 L3 23'52'23" L=55.21' R=132.50' T=28.01' Ch d. Brg.=N18*11'45"E Chd.=54.81' 1 '23'33" L=39.98' R=1645.00' T=19.99' Chd.13rg.=N27*01'18"W Chd.=39.98' L2 3 ft M O N r 00M W LINE TABLE LINE BEARING DISTANCE L1 N66'03'41"E 32,14' L2 S23056'19"E 25.74' L3 N23156'19"W 11,38' A`°�-cep � M & DEVELORMP r LTD. DOC. N0!7/207108 \ 4 I 31 '18'42" L=91.54' R=167.50' T=46.94' Ch d. Brg.=S21'54'54"W Chd.=90.40' HAYCO REALTY, LTD. VOL. 14192, PG. 644 g: F: \Probcts\HCC003\dwg\XHCC003_ DRNG ESMT1.dwg Saved By. tdcyton Save Time: 10/15/2007 12: 25 SCALE I DRAWN: 1" = 100 1 RS PROJECT: HCC003 5 DATE: WILLIAM J. J%j I • Engineering Jones &Boyd, Inc. ■Surveying • Planning 3601 N.E. Loop 820, Suite t02 Ft. Worth, TX 76137 • Landscape 8[7.847.8444 office Architecture 817.847.9974 fax • Construcuon www.jones-boyd.com Management APPROXIMATE GRA!o - " ACCORDING TO THE P IrIF 1.+0(1 LINE 'AT MAR - BEGIN FIX CHANNEL REVISIT SEE SECTION A -A - — -_.. (7H lrscr j I Each 40 t4 Horiz 1 Inch — 4 !t Verl. R=150.00 L=02.31 5IF A=35015420 IF T=47.67 IN 4 - CHB=N23'53'24"E "� W 1 _2x.,J0 CHD=90.86 - - F,Fj - - f 5+12:E IF KEYMAF' �F 3"Op - f_ SCALE: 7'=500' FILL, — ._ - �1: -cl *� s i +OD E- �A1""END 24 RL7�'r — — _ _ — AF h.` 30 INLET #A1�D - --rl2PFDl% A210 SY Of - - --- - Ditch orange lore.motlon ETER ROCK Fgg7S4*�58 LINE 'A1" . - - O.ptn of FIOM (n=O.D5o)- ael k. AP AT 12' D1P7H RUCT i) 0 T HOWL - - - - cmanel velorAy.(n-0.030) = 5,89 fps .__.� -END DITCH /'� 2"min. Ono 51.22 cfs BEGIN 30' RCP_- -Sope = 3.asx IF 12 NE A1'M1+Q0-LINE A2'_ i INSTALLsMu+H Section A —A RIM 730.47 W Temporary Drainoge Channel "Al" 0. Lk .i5. !NOTE, ALL STORM DRAIN JOINTS SHALL BE� iFULLY GROUTED THROUGH ALL CURVES \\ !UNLESS RADIAL PIPE IS PROVIDED. a- — I 1 - I 1 I 1 I -- —� E - -- A i -- I I � � I i - - a d - I 2 DIAME7EB R r I? RI XP—KT12`tD 1 .� — al r -- F EX. GROUND ­FF ` I ©CL R1PE �' sg� j -- lia i—� -- t I ) I �- �I �- y I I — — _ f f - --I jwarn br . i1- _-� .� .. LTpn"n_d-FVNLtJi 2,00 • I 4too _ n m i . 1 .__ I — F. _ _ _ _ _ Z,—__ _ _ - _� . Z s _ Z L N I Nr i• t r _- — I _ _.. 1 _ . -J__ — f .F I. I k.:� I 1 EiCtut 7_ i 2 OQ 0�1 k1• City offrl Words h kMonumentk671 s5, brass dl on the wtsh ale! - -- m.ofCtwo:r entionit118.neC.cekRa4 m.{mate!y1.h STORM SERVER PLAN & PROF E PROTECT fm css of Chcst�cld Drive (Ekntwn= 718.41') N0. Nil a2- City of fort Worth bowbonast,Monunet#8715a, brass dlw in a cvF - - hcadwall on the north side ofCmmxxl4b7nsine Csek Read. aplaoahaalcly lao tom, LINE "A1"- 1 ,; �0�1 r���I7D xnt ot0owmarr-Roh:ris Read. (Elevation—'174.d4') �( �j VJ Hht 03 - "X" cw on now of eoncrese median on the north side of the interantam of Texas Shiner Drive with Ha,�nea Dr,ye.ttle�atl,�—,37.a7; - ARINE CREEK RANCH, SECTIONS 5 &'�� utiNas-"X•cwoncomnh!flemcatshcmehucssc Zfli9 O'si�aof N0. REVI90NS.DURING-COtJrIt of Fart Worfh Tarrant Court# ,. x ,,',; xcillfarine Creek Rand vrith Fvn Mcadou:lhivn. F.ievation=775,ab'1 Y , y' �L�� a d eke w� G R S S mo: oO # • ■ ao:_Nos �0 3 -ei CCGS 593g S_ R �o i RnF53?.Ad e.9R 5 IIIIIIII dj ro JAIN ti t d Go 'giBa fi$ LU d ¢ Z 5 > s' r Fill an �s =f "PIP S_t � Y 11F �LL I M.zl;�zu € - zeota zrrstos a _ �v tt���� a�,fiaSe�e�,Se. �s yS .. -+r O Exhibit 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. ID 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 Rev.01/09/2007 DCMA-2 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS 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 Rev. 01/09/2007 g DCMA-2 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT � Q Rev. 01 /09/2007 DCMA-2 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/27/2007 DATE: Tuesday, November 27, 2007 LOG NAME: 306 DRAINAGE SUBJECT: Authorize the Execution of Six Drainage Channel Ltd., located South of Cromwell, West of Bowman REFERENCE NO.: **C-22529 Maintenance Agreements with M&C Development, Roberts Road (DOE No. 5573) RECOMMENDATION: It is recommended that the City Council authorize the execution of Six Drainage Channel Maintenance Agreements from M&C Development, Ltd., located South of Cromwell, West of Bowman Roberts Road. DISCUSSION: The maintenance agreements are necessary to assure proper maintenance of the drainage facilities by the owner, M&C Development. The maintenance will occur at no expense to the City of Fort Worth. The drainage facilities will serve Marine Creek Ranch Sec 5 & 6. The facilities will collect storm water run- off from Marine Creek 5 and 6 and transfer it to another drainage channel which discharges into Marine Creek Ranch Channel No. 2. The facilities are located south of Cromwell, West of Bowman Roberts Road, and are further described as follows: Grantor Type Legal Description M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey Abstract No. 79, County Clerk Document D207108594 DCMA-1 M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey Abstract No. 79, County Clerk Document D207108594 DCMA-2 M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey Abstract No. 79, County Clerk Document D207180594 DCMA-3 M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey Abstract No. 79, Portion of Alexander Albright Survey, Abstract 1849 County Clerk Document D207180594 DCMA-4 M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey Sq Ft 47,177 Sq Ft 9,476 Sq Ft 981 Sq Ft 160,690 Sq Ft 7,169 Sq Ft http ://www. cfwnet. org/council�acket/Reports/mc�rint. asp 2/4/2008 Page 2 of 2 Abstract No. 79, County Clerk Document D207180594 DCMA-5 M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey Abstract No. 79, County Clerk Document D207180594 DCMA-6 The property is located in COUNCIL DISTRICT 7, Mapsco 46H. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: 6,474 Sq Ft FROM Fund/Account/Centers Marc A. Ott (8476) A. Douglas Rademaker (6157) Jill D. Griffin (6253) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/4/2008