HomeMy WebLinkAboutContract 36585 CITY 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".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 7,169 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, its successors
and assigns, the location and dimensions of which is shown on the attached
("Facility Property"); and; f"
IT
VEK-
02-04-p8 P12:39 IN
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 1
Rev.01/09/2007
DCMA-5
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 2
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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;TOM THE
DRAINAGE CHANNEL MAINTENANCE AGREEMENT " '"�
3
Rev.01/09/2007 �R `•;
DCMA-5 �A, TONS
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.01/09/2007
DCMA-5
Executed this day of 20�
Landowner
M& C Development, Ltd,
A Texas Limited Partnership
By: Haydn Cutler,
Its General Partner
By: /A'K1-
Haydn l Putle , eneral Partner
City
City of Fort Worth
Marc A. Ott Cc-'-La . 4dr! ^I
Assistant City Manager
Approved as to Form and Legality
U .A
Assistant C y Attorney
DRAINAGE CHANNEL MAINTENANCE AGREEMENT � 5 d ,
Rev.01/09/2007
DCMA-5
ATTEST
s�
City Secret Dry
Contrac4 Author i za ola
Date ----- ---
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by Fe maeL � a
JYc�rt� M r -A-@tt, Assistant City Manager of the City of Fort Worth, n behalf of the City of
Fort Worth.
HET-I`+E LANE
MY�OMMfS5'�N EXPIRES Notary Public State of Texas
,a ;` duly 28,2(ii 1
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 1 day ofCiC-'7Zf�c1 s€ ,
20c)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.
0.,
- - - - - .—.
°SNRYPol RITA A" SINGLETON NOTARY PUBLICNotar ublic, State of Texas
9 ; , - STATE OF TEXAS
OF s;a. Nly Comm.Exp. 12-15-2008
DRAINAGE CHANNEL MAINTENANCE AGREEMENT f ?Y';,i 1:� ) �hy'; 6 ,
Rev.01/09/2007 9
DCMA-5
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 iron rod with "JBI" yellow cap found for corner in the west 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, from which a one—half inch
capped iron rod found bears North 23 degrees 24 minutes 03 seconds West, 126.65 feet;
THENCE North 53 degrees 47 minutes 04 seconds West, 152.84 feet to a point for corner and
the POINT OF BEGINNING of this tract of land;
THENCE Southwesterly, 227.86 feet with a curve to the left having a central angle of 45 degrees
48 minutes 27 seconds, a radius of 285.00 feet, a tangent of 120.41 feet, whose chord bears
South 38 degrees 02 minutes 25 seconds West, 221.84 feet to a point for corner;
THENCE North 74 degrees 51 minutes 48 seconds West, 30.00 feet to a point for corner;
THENCE Northeasterly, 250.06 feet with a curve to the right having a central angle of 45
degrees 29 minutes 04 seconds, a radius of 315.00 feet, a tangent of 132.04 feet, whose chord
bears North 37 degrees 52 minutes 44 seconds East, 243.55 feet to a point for corner;
THENCE South 32 degrees 26 minutes 42 seconds East, 30.05 feet to the POINT OF BEGINNING
and containing 7,169 square feet or 0.165 acres of land.
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WILLIAM J. JOHNSON
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R ■Engineering
L Jones&B d,Inc. ■Surveying
■ Planning
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EXHIBIT "A"
DRAINAGE CHANNEL
SHEET 2 OF 2
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0�`� GRAPHIC SCALE
100 0 50 100
HAYCO REALTY, LTD. oo���
VOL. 14192, PG. 644 ��-
<�O ( IN FEET )
S32'26'42"E 1 inch - 100 f.
45'29'04" 30.05'
L=250.06' 1/2" CIRF
R=315.00' P.O.B.
Chd.Brg. 1 N37 52'44"E a a HA REALTY, LTD.
m�_ VOL. 14192, PG. 644
Chd.=243.55'
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45'48'27" P.O.C.
L=227.86' Tract 2
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R=285.00' /2" CIRF
T=120.41'
N74'51'48"W Chd.Brg.=S38'02'25"W
30.00' Chd.=221.84'
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WILLIAM J. JOHNSON
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FLRR Jones&Boyd,Inc. • surveying
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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 8
Rev.01/09/2007
DCMA-5
Exhibit "D"
Drainage Channel Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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.01/09/2007
DCMA-5
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10 �.
Rev.01/09/2007 �5� sir �� 5 :.
DCMA-5
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Page 1 of 2
- City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2008
DATE: Tuesday, January 29, 2008
-LOG NAME: 30CR 6DRAINAGE REFERENCE NO.: **C-22644
SUBJECT:
Approve Correction of M&C C-22529 to 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:
1. Approve correction of M&C C-22529; and
2. Authorize the execution of Six Drainage Channel Maintenance Agreements with M&C Development, Ltd.,
located South of Cromwell, West of Bowman Roberts Road.
DISCUSSION:
On November 27, 2007, M&C C-22529 was approved by the City Council to authorizing the execution of
Six Drainage Channel Maintenance Agreements; however the County Clerk's Document Numbers were
incorrectly listed.
The correct County Clerk's Document Numbers are as follows:
Grantor Type Legal Description Square Footage
M&C Development, Ltd. DCMA Portion of the Joseph Bowman 981 Square Feet
Survey, Abstract No 79
County Clerk Document D207108594
M&C Development, Ltd. DCMA Portion of the Joseph Bowman 160,690 Square Feet
Survey, Abstract No. 89
Portion of Alexander
Albright Survey,Abstract 1849
County Clerk Document D207108594
DCMA-4
M&C Development, Ltd. DCMA Portion of the Joseph Bowman 7,169 Square Feet
Survey,Abstract No 79
County Clerk Document D207108594
DCMA-5
M&C Development, Ltd. DCMA Portion of the Joseph Bowman 6,474 Square Feet
Survey,Abstract No 79
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 1/3 0/2008
Page 2 of 2
- County Clerk Document D207108594
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 impact on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b}L Marc A. Ott(8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Jill Griffin (6253)
http://vTww.fortworthgov.org/council_packet/Reports/Mc�rint.asp 1/30/2008