HomeMy WebLinkAboutContract 36579CITY SECRETARY
CONTRACT No . \ 3L 9 M
DRAINAGE CMANNEL
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 47,177 square foot tract located in Joseph Bowman Survey, Abstract No.
79, Fort Worth, Tarrant County, Texas according to the Deed recorded in Instrument No.
D207108594, 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, i
and
assigns, the location and dimensions of which is shown on the attached
("Facility Property"); and;
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 01 /09/2007
DCMA-1
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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
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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 01 /09/2007
DCMA-1
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
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 „" 3
Rev. 01 /09/2007
DCMA-1
FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILIA TITY 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
Rev. 01 /09/2007
DCMA-1
Executed this 1,Y' day of Gc r " 20 , i .
Landowner
M& C Development, Ltd,
A Texas Limited Partnership
By: Haydn Cutler,
Its General Partner
By:
City
City of Fort Worth
Marc A. -Ott F rna„do Ccr5t:a 179aml
Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney
STATE OF TEXAS
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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 W th, a Texas
municipal corporation, on behalf of said corporation.
Tit
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MYOo;.l�l!3t:..iiyC''?i9ES
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My Commission Expires: 07-26-2011
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 01 /09/2007
DCMA-1
Notary Public i a �� �,_t�e $�i�e�of Texas
13
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ATTEST
STATE OF TEXAS §
COUNTY OF TARRAN I §
This instrument was acknowl
Marc A. Ott, Assistant City Manager of
Fort Worth.
STATE OF TEXAS
COUNTY OF TARRANT
of Fort Worth, on behalf of the City of
Public, State of "Texas
Before me, the undersigned authority on this �� day of ����,
20 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.
its a�a H.cspi�iGLETON
I�CIl"l;�Y PUBLIC
Sl't' TE: UE TEXAS
My Cumni. hp. UaM1 2008
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 01 /09/2007
DCMA-1
EXHIBIT "A"
DRAINAGE CHANNEL
SHEET 1 OF 2
LEGAL DESCRIPTION
BEING all that tract of an in the City of Of Worth, Tarrant County, Texas, a part of the
JOSEPH BOWMAN SURVEY, ABSTRACT No. 79, a part of the ALEXANDER ALBRIGHT SURVEY,
ABSTRACT No. 1849, 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 a south line of said
964.473 acre tract, said point being in the north line of that tract of land conveyed to Texas
Electric Service Company as recorded in Volume 2200, Page 309, Tarrant County Deed Records,
said point being the southeast corner of that 10.131 acre tract of land conveyed to M & C
Development, Ltd. as recorded in Clerks' Document Number D204274829, Tarrant County Deed
Records;
THENCE South 89 degrees 52 minutes 22 seconds East, 1423.49 feet with the south line of said
964.473 acre tract and with the north line of said Texas Electric Service Company tract to a
point for corner;
THENCE South 00 degrees 07 minutes 38 seconds West, 75.00 feet to a point for corner and
the POINT OF BEGINNING of this tract of land, said point being in a north line of said 964.473
acre tract, said point being in the south line of said Texas Electric Service Company tract;
THENCE South 89 degrees 52 minutes 22 seconds East, 80.67 feet with the north line of said
964.473 acre tract and with the south line of said Texas Electric Service Company tract to a
point for corner;
THENCE South 03 degrees 19 minutes 34 seconds East, 49.61 feet to in point for corner;
THENCE South 00 degrees 51 minutes 05 seconds East, 168.52 feet to a point for corner;
THENCE South 04 degrees 06 minutes 28 seconds East, 102.39 feet to a point for corner;
THENCE South 37 degrees 55 minutes 11 seconds East, 211.62 feet to a point for corner;
THENCE South 27 degrees 35 minutes 21 seconds West, 28.77 feet to a point for corner;
THENCE North 62 degrees 24 minutes 39 seconds West, 167.17 feet to a point for corner;
THENCE North 31 degrees 58 minutes 51 seconds West, 128.78 feet to a point for corner;
THENCE North 00 degrees 33 minutes 15 seconds East, 150.09 feet to a point for corner;
THENCE North 01 degrees 33 minutes 46 seconds East, 176.09 feet to the POINT OF BEGINNING
and containing 47,177 square feet or 1.102 acres of land.
WILLIAM J. JOHNSON
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DOC. NO. D204274829
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EXHIBIT "A"
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Ft. Worth, TX 76137 • Landscape
877.&47.8444 office Architecture
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www.jones-boyd.com Management
NOTE: ALL GRASSED AREAS THAT ARE DISTURBED
DURING CONSTRUCTION SHALL BE HYDROMULCH SEEDI
& WATERED WITHIN 14 DAYS OF THE COMPLETION OF
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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 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-1
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 g
Rev. 01 /09/2007
DCMA-1
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 01 /09l2007
DCMA-1
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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 REFERENCE NO.: **C-22529
SUBJECT:
Authorize the Execution of Six Drainage Channel Maintenance Agreements with M&C Development,
Ltd., located South of Cromwell, West of Bowman 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 ape Legal Description Sq Ft
M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey 47,177 Sq Ft
Abstract No. 79, County Clerk
Document D207108594
DCMA-1
M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey 9,476 Sq Ft
Abstract No. 79, County Clerk
Document D207108594
DCMA-2
M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey 981 Sq Ft
Abstract No. 79, County Clerk
Document D207180594
DCMA-3
M&C Development, Ltd. DCMA Portion of the Joseph Bowman Survey 160,690 Sq Ft
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 7,169 Sq Ft
http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 2/4/2008
Page 2 of 2
M&C Development, Ltd
Abstract No. 79, County Clerk
Document D207180594
DCMA-5
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