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HomeMy WebLinkAboutContract 36584 CITY SECRETARYy 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 160,690 square foot tract located in Joseph Bowman Survey, Abstract No. 79 and the Alexander Albright Survey, Abstract No. 1849, 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 77 21 ("Facility Property"); and FT, N ' DRAINAGE CHANNEL MAINTENANCE AGREEMENT 02-04-0 8 P 12:39 Rev.01/09/2007 DCMA-4 '`'' 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 u DRAINAGE CHANNEL MAINTENANCE AGREEMENT �� Rev.01/09/2007u 'U �(" DCMA-4 uo r �; I� I E K. ,r 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 EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3 , Rev.01/09/2007 L ���- 4 DCMA-4 �, VV Vsi�� U�LU k 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.O1/09/2007 } DCMA-4 i Executed this i8 fi day of Pe-f 20,91 . Landowner M& C Development, Ltd, A Texas Limited Partnership By: Haydn Cutler, Its General Partner By: _ AJV4�c Haydn tler, General Partner City City of Fort Worth -------------- MR= e ntt Fe, ,4 C- .t..a, A r'*ft9 Assistant City Manager Approved as to Form and Legality NAA-qt) 9 - k(441 Assistant ty Attorney DRAINAGE CHANNEL MAINTENANCE AGREEMENT 5 Rev.01/09/2007 DCMA-4 ATTEST City Secre y a*ry C. %r) 644 Contract Utho ization Date STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on of by uA " . ^*-, Assistant City Manager of the City of Fort Worth, on lRehalf of the City of Fort Worth. HETTIE LANE MY COMMISSION EXPIRES rw Jury 26.2011 ::Eoti Notar Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me,the undersigned authority on this 1 C-) day of 0406P_ , 20p)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. c Notar ublic, State of Texas Kt 11,H. SONG..ETON NOTARY PUBLIC w STATE OF TEXAS of �{- My fom n EX0 12.15-2008 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 6 Rev.01/09/2007 DCMA-4 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, 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: BEGINNING at a one-half inch capped iron rod found for corner in the east 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 Northeasterly, 60.20 feet with a curve to the left having a central angle of 04 degrees 20 minutes 20 seconds, a radius of 795.00 feet, a tangent of 30.12 feet, whose chord bears North 82 degrees 51 minutes 56 seconds East, 60.19 feet to a point for corner; THENCE Southeasterly, 153.99 feet with a curve to the right having a central angle of 19 degrees 23 minutes 30 seconds, a radius of 455.00 feet, a tangent of 77.74 feet, whose chord bears South 10 degrees 15 minutes 58 seconds East, 153.26 feet to a point for corner; THENCE South 00 degrees 34 minutes 13 seconds East, 312.44 feet to a point for corner; THENCE Southeasterly, 194.42 feet with a curve to the left having a central angle of 14 degrees 57 minutes 09 seconds, a radius of 745.00 feet, a tangent of 97.77 feet, whose chord bears South 08 degrees 02 minutes 48 seconds East, 193.87 feet to a point for corner; THENCE Southeasterly, 124.28 feet with a curve to the right having a central angle of 15 degrees 39 minutes 01 seconds, a radius of 455.00 feet, a tangent of 62.53 feet, whose chord bears South 07 degrees 41 minutes 52 seconds East, 123.90 feet to a point for corner; THENCE South 00 degrees 07 minutes 38 seconds West, 291.69 feet to a point for corner; THENCE North 89 degrees 52 minutes 22 seconds West, 70.25 feet to a point for corner; THENCE South 00 degrees 07 minutes 38 seconds West, 325.03 feet to a point 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; THENCE North 89 degrees 52 minutes 22 seconds West, 468.92 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 Northeasterly, 626.40 feet with a curve to the left having a central angle of 83 degrees 27 minutes 56 seconds, a radius of 430.00 feet, a tangent of 383.56 feet, whose chord bears North 48 degrees 23 minutes 40 seconds East, 572.47 feet to a point for corner; THENCE North 06 degrees 39 minutes 42 seconds East, 49.67 feet to a point for corner; THENCE Northwesterly, 278.84 feet with a curve to the left having a central angle of 16 degrees 28 minutes 15 seconds, a radius of 970.00 feet, a tangent of 140.39 feet, whose chord bears North 01 degrees 34 minutes 25 seconds West, 277.89 feet to a point for corner; THENCE North 09 degrees 48 minutes 33 seconds West, 154.11 feet to a point for corner; THENCE Northwesterly, 255.99 feet with a curve to the right having a central angle of 13 degrees 54 minutes 10 seconds, a radius of 1055,00 feet, a tangent of 128.63 feet, whose chord bears North 02 degrees 51 minutes 28 seconds West, 255.37 feet to a one-half inch capped iron rod found for corner in the east line of said 59.289 acre tract; THENCE North 04 degrees 05 minutes 37 seconds East, 272.58 feet with the east line of said 59.289 acre tract to the POINT OF BEGINNING and containing 160,690 square feet or 3.689 acr pd. OF y1P.�G1S p ...s............"s...... W IA J NSON �':9 3Ss�lP�O� R . Engineering V F Y Jones&Boyd,Inc. surveying . Planning Drawing: F:\Projects\HCCD03\dwg\XHCCD03_ Dli ESMT1.dwg Saved By. td 2007 12:25 P 13601 WE.Loop 820,Suite 102 .Landscape Ft.Worth,TX 76137 817.847,8444 office Architeculre DRAWN: PROJECT: DATE: 817.847,9974 fax ■ Construction Management IRS HCCO03 5/9/07 wwwjones-h oyd.wm EXHIBIT "A" DRAINAGE CHANNEL GRAPHIC SCALE SHEET 2 OF 2 too 0 50 100 � N P0 B. 1 IN FEET ) I� �' IRF 1 inch = 100 ff- t I�I �RW C2 I� M I N �, ► Z N Wo y I 1/2' CIRF > T,-��� � W& CDVELPME (I DO . N r�D 71 594 1- 7L HAYCO REALTY, LTD. 0»•1 VOL. 14192, PG. 644 o co C3 � O I ` L4 1 C4 C6 3 I ao Q, HAYCO REALTY, LTD. VOL. 14192, PG. 644 N06'39'42"E O 49.67' oo N En y~pQ�,OTEgF� N89'52'22"W ...s....... ...°.....: Go %... F; , 70.25' WILLIAM J. JOHNSON I 5426 C5 0 r) <�2QF N G •'• •a•• 00 M U) I N89'52'22"W 468.92' `1 n> TEXAS ELECTRIC SERVICE CO. CURVE TABLE � VOL. 2200, PG. 309 NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD n C)K z xa C1 4'20'20" 795.00' 60.20' 30.12' N82'51'56"E 60.19' <n �m C2 19'23'30" 455.00' 153.99' 77.74' S10'15'58"E 153.26' z co C3 14'57'09" 745.00' 194.42' 97.77' S08'02'48"E 193.87' { m' {-4 C4 15'39'01" 455.00' 124.28' 62.53' S07'41'52"E 123.90' m n z Ln C5 83'27'56" 430.00' 626.40' 383.56' N48'23'40"E 572.47' :A ( m0 C6 1 16'28'15" 970.00' 278.84' 140.39' N01'34'25"W 277.89' 10 RR .Engineering C7 1 13'54"0" 1055.00' 255.99' 128.63' NO2'51'28"W 255.37' 110 �L Jones&Boyd,Inc. + Surveying + Planning Drawing: F:\Projecte\HCC003\dwg\XHCC003_ORNG ESMT1.dwg Saved By. tdayton Save Time: 10/15/2007 1225 pM9601 N.E,Loop82o.suita 102 + Landscape F[.Worth,TX 76137 P 817.847.8444 office Architecture SCALE DRAWN: PROJECT: DATE: 817.847,9974fax +Construction Management 1" = 200' IRS HCC003 5 j9/07 w..t�.;°"�� " °"'°�•° �y' I to ---- I , r r K' I - LO jL�� O LO c :. CL ,z c ' a3 a o c _ a r —r� a l a f Z U Lr o. 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"( •;i °=3� xrx3avaN f t �.+a fiu5 ,e. aRNY a if OT . 1 i��r� I�•� T aim II I o - it u 11� LRII — r fr III �q � �I is 0 1 iI) ra W; _ I I sm` _N'L'13'IVNa - #?1 �p m CHLINE12+5c� Nell al�W� rw wy OS•kpp I, 3 I @. 2. �P4 r - z I 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-4 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-4 Berm or Embankment Settlement Location of erosion -Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation ? V DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10 Rev.01/09/2007 DCMA-4 .r.a- mu�ws •�•�ynfiaoe s s�mr i ��AM•dlp'! N6lYN �I' r/J � S'rLit'A1Mp] '1ueu11epi m uo dVld AtJVNiWi13t)d ` `fit y`y8� 900-88-da ON 35V0'33?J '_ \\ 'F '� "? -� T . l •.N' Ate ' "N, iff It w u n�9 m ro x ro 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.fortworth-ov.org/council_packet/Reports/mc_print.asp 1/30/2008 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 by: Marc A. Ott(8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: Jill Griffin (6253) http://www.fortworthgov.org/council_packet/Reports/Mc_print.asp 1 I�nio nn 4